LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MAY 18, 2022 - 6:00 PM
[ If you require special assistance to attend or participate in this meeting, please call the :.! City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta par favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. • ........................ .................................... ...................................................................................................................................................................... ....................................... .. ................ = !,,,,,,,,,,, Any writings or documents provided to a majority of the City Council ! regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cua/quier escritura o /os documentos proporcionaron a una mayor/a de/ Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para la inspecci6n p0blica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y los documentos i ................................. ~~:.?.~?. ... ~:~ .. ~?.~?.~~~~~~ .. ~?. .. :'. .. ".'..:~~!.~: .. ~: .. '.~ ... ~~~~~?. .. ~?. ... ~:'.?.~~~~?.~:.?.~?· ................................... i
1. CALL TO ORDER - May 18, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __
4. CONSIDERATION OF APPROVAL OF AGENDA.
Los Banos City Council Agenda - May 18, 2022 Page 1 of 5 1 5. PRESENTATIONS.
A Proclamation Recognizing the Retirement of City of Los Banos Fire Chief Mason Hurley.
B. Proclamation Recognizing the Retirement of City of Los Banos Public Works Supervisor Jeff Bondi.
C. Proclamation Recognizing National Public Works Week.
D. Proclamation Recognizing the Month of May as Mental Health Awareness Month.
E. Certificate of Recognition - Kylie Hurd (Anne's Warriors), Los Banos High School.
F. Certificate of Recognition - Makenna Silveira (Team Silveira), Los Banos High School.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A Check Register for #232477 - #232695 in the Amount of $841,714.20.
Recommendation: Approve the check register as submitted.
B. Minutes for the April 20, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6492 - Approving and Authorizing the City Manager to Execute a Contract between the City of Los Banos and Straight Edge Roofing Inc., for Miller & Lux Roof Repair Project in the Amount of $49,750.00.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6493 - Approving and Authorizing the City Manager to Execute a Contract between the City of Los Banos and ElectroMech Scoreboard Company for the Purchase and Installation of Scoreboards at the Colorado Ballpark in the Amount of $37,800.00.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - May 18, 2022 Page 2 ofS 2 E. City Council Resolution No. 6494 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6495 - Authorizing the City Manager to Sign a Memorandum of Understanding with the Merced County Office of Education for School Resource Officer Services for the 2022-2025 School Years.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6496 - Approving the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2022-2023.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6497 - Authorizing the City Manager to Execute Amendment No. 9 to the Landscape Maintenance Services Contract Between the City of Los Banos and Ronnys Inc. Adding Five (5) New Landscape Areas for Bi-Weekly Landscape and Irrigation Maintenance Services in the Amount of $2,407.73 Monthly.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6498 - Approving and Authorizing the City Manager to Execute a Contract Between the City of Los Banos and Ronnys Inc. for the Vineyard Median Renovation Project in the Amount of $51,975.00.
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6499 - Approving and Authorizing the City Manager to Execute a Contract Between the City of Los Banos and Ronnys Inc. for the Badger Flat Right of Way Renovation Project in the Amount of $34,325.00.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of an Ordinance to Adopt the Los Banos Police Department Military Equipment Policy, as required by California Assembly Bill 481 and Government Code Section 7070-7075.
1) Ordinance No. 1196 - Adopting a Military Equipment Policy and Adding Chapter 12 to Title 4 of the Los Banos Municipal Code to Adopt a Military Equipment Use Ordinance. (First Reading & Introduction) Los Banos City Council Agenda - May 18, 2022 Page 3 ofS 3 Recommendation: Receive staff report, open the public hearing, receive public comment, waive the first reading and introduce the ordinance as submitted.
B. Public Hearing - To Receive Public Comment and Consideration of a Final Development Plan #2021-01 and Associated Development Agreement for Villages V at Stonecreek - Quail Meadows Consistent with the Stonecreek Environmental Impact Report (EIR); Proposed Project Consists of the Subdivision of Approximately 70.5 Acres into 271 Single-Family Residential Lots Located South of West Pacheco Boulevard, West of Dock Avenue, and East of the City Limit Line, Assessor's Parcel Numbers 430-010-024, 430- 010-026, 430-010-027, 430-010-028, 430-010-035, and 430-103-004 (Anderson Homes).
1) City Council Resolution No. 6500 - Approving Final Development Plan #2021-01 for Quail Meadows -Villages at Stonecreek V.
2) Uncodified Ordinance No. 1197 - Approving a Development Agreement between the City of Los Banos and Anderson Homes, a California Corporation, for Development of Approximately 70.5 Acres Generally Located South of West Pacheco Boulevard, and West of Stonecreek Boulevard, More Specifically Identified as Assessor's Parcel Numbers:
430-010-024, 430-010-026, 430-010-027, 430-010-028, 430-010-035, and 430-103-004 [Quail Meadows Villages at Stonecreek V]. (First Reading & Introduction)
Recommendation: Receive staff report, open the public hearing, receive public comment, adopt the resolution, waive the first reading and introduce the ordinance as submitted.
9. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6501 -
AUTHORIZING AND APPROVING THE PURCHASE OF THE REAL PROPERTY LOCATED AT 610 PACHECO BOULEVARD (APN 026-121-006) AND ADOPTING A BUDGET ADJUSTMENT FOR FISCAL YEAR 2021-2022 AS IT PERTAINS TO EXPENDITURES IN THE AMOUNT OF $172,515.50.
Recommendation: Receive staff report and adopt the resolution.
10. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
11. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
12. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
13. CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert
Los Banos City Council Agenda - May 18, 2022 Page 4 of5 4 B. Deborah Lewis
C. Refugio Llamas
D. Brett Jones
E. Mayor Tom Faria
14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing ag a was posted o City Hall bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 12th day of May 2022 Los Banos City Council Agenda - May 18, 2022 Page 5of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 T Cityof B LOS ·.· ano,s .. I .I I r .; 1 ' •
PROCLAMATION
RECOGNIZING THE RETIREMENl' OF
CITY OF LOS BANOS
FIRE CHIEF MASON BVRLEY
WHEREAS, Mason Hurley became a member of the Los Banos Volunteer Fire Department on August 21, 1990; and
WHEREAS, Mason Hurley was hired part time as a Public Utilities Maintenance Worker by the City of Los Banos on July 18, 1994 and then became a full-time Public Works Inspector Trainee on February 10, 1997; and
WHEREAS, Mason Hurley was hired as a full-time Fire Fighter by the City of Los Banos on July 16, 1997 and promoted through the ranks of Fire Engineer on December 1, 2001; Fire Captain on July 1, 2006; Assistant Fire Chief on February 1, 2015; and Fire Chief on October 28, 2017; and
WHEREAS, Mason Hurley has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Mason Hurley retired from the City of Los Banos as Fire Chief on May 7, 2022 with 25 years of seruice as a full-time City employee.
NOW,. TBBREFORE, BE 1T PROCLAIMBD that the Mayor and City Council Members of the City of Los Banos do hereby commend Mason Hurley on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTBBR PROCLAIMED that this proclamation was presented to Mason Hurley at the City Council Meeting held on May 18, 2022.
In witness whereof, I haue hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 18th day of May 2022.
APPROVED:
Manuel Thomas Faria m, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
7 T CityoJ B L!os anos
PROCLAMATION
RECOGNIZING THE RETIREMENI' OF
CITY OF LOS BANOS
PVBUC WORKS SUPERVISOR JEFF BONDI
WH&R&4S., Jeff Bondi was hired as a full-time Utility Maintenance I by the City of Los Banos on March 1, 1999 and then became a Public Works Inspector Trainee on February 10, 1997; and
WHBR&tS., Jeff Bondi promoted through the ranks of Environmental Control Specialist Trainee on December 1, 1999; Environmental Control Specialist I on December 1, 2000; Environmental Control Specialist ll on July 1, 2001; Environmental Control Specialist m on July 1, 2005; and Public Works Supervisor on July 1, 2014; and WBEREAS, Jeff Bondi has contributed tremendously throughout his career to the community of Los Barws with his knowledge and commitment to his job; and WHEREAS., Jeff Bondi retired.from the City of Los Banos as Public Works Supervisor on May 1, 2022 with 23 years of service as a City employee.
NOW, THERBFORE, BE ff PROCIAl.lfBD that the Mayor and City Council Members of the City of Los Banos do hereby commend Jeff Bondi. on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BB n FUR.THU. PROCLMMBD that this proclamation was presented to Jeff Bondi at the City Council Meeting held on May 18, 2022.
In witness whereof, I have hereunto set my hand
and caused to be ajfixed the seal of the City of Los
Banos, this 1 EJth day of May 2022.
APPROVED:
Manuel Tlwmas Faria III, Mayor
A1TEST:
Lucille L. Mallonee, City Clerk
8 LOsBanos
PROCl.4.lfATION RECOGNIZING
NATIONAL PUBLIC WORKS WBB1C
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities, public health, high quality of life, and well-being of the people of the City of Los Banos; and WHEREAS, these infrastructures, facilities, and services could not be prowled without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, manage~, and employees at all levels of government and .the private sector who are responsible for rebuilding, improving, and protecting our Nation's transporlation, water supply, water treatment and solid waste systems, public buildings, airports, parks and other structures and facilities essential for our citizens; and WHBREAS, it is in the public interest for the citizens, civic leaders, and children in the City of Los Banos to gain knowledge and maintain ongoing interest and understanding of the importance . of public works first responders and public works programs in their respective communities; and
WB.EREAS, the year 2022 marks the 6:Jnd annual National Public Works Week sponsored by the American Public Works Association/ Canadian Public Works Association.
NOW, THBRBl'ORB, BE IT PROCLAJMBD, that the Mayor and City Council Members of the City of Los Banos do hereby designate the week of May 15-21, 2022 as National Public Works Week in the City of Los Banos and urge all citizens to join with·representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recpgnize the substantial contributions they make to protecting our national health, safety, and quality of life.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 18th day of May 2022.
APPROVED:
Manuel Thomas Faria m, Mayor
ATTEST:
Lucille L. Mallonee, Ci°ty: Clerk
9 T Cityof B LOS • anos
PROCLAMATION
RECOGNIZING THB MONl'H OF MAY
AS MENl'AL HBALTH AWARENESS MONTH
WHEREAS, mental health is essential to everyone's overall well-being and mental health conditions are real and prevalent in our Nation; and WBB.REAS, all people experience times of difficulty and stress in their lives and prevention is an effective way to reduce the burden of mental health conditions; and WH.BREAS., there is a strong body of research that supporls specific tools that all people can use to better handle challenges and protect their health and well-being; and WH.BREAS, with early and effective treatment, those individuals with mental health conditions can recover and lead full, productive lives,· and · WHBREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a; responsibility to promote mental wellness and support prevention efforls.
NOW, THEREFORE,, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby recognize May 2022 as Mental Health Awareness Month in the City of Los Banos and further call upon the citizens, government agencies, public and private institutions, businesses and . schools in the City . of Los Banos to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 18th day of May 2022.
APPROVED:
Manuel Thomas Faria III, Mayor
AITEST:
Lucille L. Mallonee, City Clerk
10 CERTIFICATE OF RECOGNl'l10.N
<Presented <To
KYLIE HURD
(Anne's Warriors)
Los Banos High School
In recognition of your outstanaino accomp[isliments for tlie foffowino:
as a part of fl_nne's Waniors- raised $182,438 for tli.e £euli.§mia. Lymplioma Society (££S)- awarded witli a $1,000 co{[eg~ sclioCarsfiip for second Fiigfiest amount raised; awaraetf witfi tne 2022 £.lS !.Mission.ft.ward;
awarded a trip to tfie £LS 1{ationa[Convention.
9rf.anuef'1nomas Paria III, :M.aJ-Or
(J)atea: 9vf.ay 18, 2022
T Cityof B LOS anos
1r :,r ire
11 CERTIFICATE OF RECOGN1110N
Presented 'l'o
MAKENNA SILVEIRA
(Team Silveira)
Los Banos High School
In recognition ·of your outstandino accomp{isliments for tlie fo{{owing.· as a part of 'Team Si{vei,ra -- raised over $99,000 for tlie .leu~mia Lymplioma Society (££SJ and was a6fe to name a <Portfofio <.R#searcfi (}rant.
!Jrlanuef 'Ifwmas Paria III, !Jrlayor
(J)atetf: 9t1.ay 18, 2022
LOsBanos ,;; ,,
12 CK# 232477 - # 232695 05/18/2022 $841,714.20
Bank Reconciliation
Checks by Date
User: jcanchola LOsBanos
Printed: 05/11/2022 - 2:52PM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
232477 4/29/2022 Ad Art, Inc.
232478 4/29/2022 All American Plumbing
232479 4/29/2022 American Planning Association, CA Chapter 232480 4/29/2022 Apex Annex Health Center, Inc.
232481 4/29/2022 Aramark Unifonn Ser Inc
232482 4/29/2022 AramarkUnifonn & Career Apparel Group, Inc. 232483 4/29/2022 AT&T
232484 4/29/2022 BJ's Consumers Choice
232485 4/29/2022 Sara Blevins
232486 4/29/2022 Bound Tree medical LLC
232487 4/29/2022 BSK Associates
232488 4/29/2022 Capital One
232489 4/29/2022 Chabin Concepts, Inc.
232490 4/29/2022 Comcast
232491 4/29/2022 Copy Shipping Solutions
232492 4/29/2022 LN Curtis & Sons
232493 4/29/2022 Fanner Brothers Coffee
232494 4/29/2022 Federal Express Corporation
232495 4/29/2022 Halcyon Creek Inc.
232496 4/29/2022 Ingraham Trophies
232497 4/29/2022 Kittelson & Associates, Inc.
232498 4/29/2022 Liebert Cassidy Whitmore
232499 4/29/2022 Los Banos Car Wash Inc
232500 4/29/2022 Los Banos Rental Yard Inc
232501 4/29/2022 Steve Macillas
232502 4/29/2022 Marfab Inc
232503 4/29/2022 Gerald "Obie" O'Brien
232504 4/29/2022 The Office City
232505 4/29/2022 OSE
232506 4/29/2022 David Oliveira
232507 4/29/2022 PG&E Company
232508 4/29/2022 Pacific Landscape Supply, Inc.
232509 4/29/2022 Pinnacle Medical Group, Inc.
232510 4/29/2022 Premier Access Insurance Co.
232511 4/29/2022 Provost and Pritchard Engineering, Inc. 232512 4/29/2022 Processing Tomato Adv.
232513 4/29/2022 Quality Code Publishing
232514 4/29/2022 Jessica Rojas
232515 4/29/2022 Save Mart Supennarkets
232516 4/29/2022 Sherwin Williams Co
232517 4/29/2022 Juan Soriano
232518 4/29/2022 Sorensens True Value
232519 4/29/2022 Sun Life Financial
Module Void Amount
AP 12,392.60
AP 369.55
AP 434.00
AP 390.00
AP 427.32
AP 283.52
AP 1,854.90
AP 298.00
AP 407.50
AP 30.59
AP 2,325.00
AP 256.84
AP 8,036.25
AP 350.15
AP 131.27
AP 1,911.18
AP 149.84
AP 12.58
AP 1,782.13
AP 165.62
AP 1,077.50
AP 16,206.00
AP 75.00
AP 197.63
AP 297.50
AP 299.29
AP 77.14
AP 622.32
AP 84.39
AP 421.75
AP 8,625.49
AP 3,704.38
AP 115.00
AP 19,826.43
AP 6,977.88
AP 300.00
AP 433.80
AP 600.00
AP 24.93
AP 128.76
AP 93.22
AP 368.99
AP 7,033.54
13 232520 4/29/2022 Swank Motion Pictures, Inc. AP 730.00 232521 4/29/2022 Swinerton Builders AP 363,434.53
232522 4/29/2022 Hilda Salas AP 600.00
232523 4/29/2022 Total Security Solutions Inc AP 17,411.01 232524 4/29/2022 Tyler Technologies, Inc. AP 3,250.00
232525 4/29/2022 United Site Services, Inc. AP 265.94
232526 4/29/2022 Vanir Construction Management, Inc. AP 6,337.14 232527 4/29/2022 Law Offices of William A Vaughn AP 1,012.50 232528 4/29/2022 Law Offices of William A Vaughn AP 12,600.00 232529 4/29/2022 Westside Water Conditioning AP 173.50
232530 4/29/2022 Windecker Inc AP 8,857.95
232531 4/29/2022 Winner Chevrolet Inc. AP 31,679.81
232532 4/29/2022 Young's Air Conditioning AP 458.00
232539 5/5/2022 Aflac-Customer Service AP 366.86
232540 5/5/2022 AFSCME District Council 57 AP 1,334.78
232541 5/5/2022 In Shape Health Clubs Inc AP 72.00
232542 5/5/2022 Los Banos Police Assn AP 1,050.00
232543 5/5/2022 Los Banos Police Assn AP 245.00
232544 5/5/2022 MassMutual AP 1,590.44
232545 5/5/2022 MassMutual AP 3,705.00
232546 5/5/2022 Nationwide Retirement Solutions AP 4,590.00 232547 5/5/2022 Professional Fire Fighter AP 975.00
232548 5/5/2022 State Disbursement Unit AP 1,519.50
232549 5/5/2022 Vantagepont Transfer Agents
- 306797 AP 1,011.90
232550 5/5/2022 Vantagepoint Transfer Agents
- 801838 AP 6,600.00
232551 5/6/2022 Animal Damage Management, Inc. AP 4,325.00 232552 5/6/2022 Anthony Gomes AP 12,209.45
232553 5/6/2022 Apex Annex Health Center, Inc. AP 230.00 232554 5/6/2022 Aramark Uniform Ser Inc AP 335.26
232555 5/6/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 232556 5/6/2022 AT&T AP 33.97
232557 5/6/2022 AT&T AP 90.24
232558 5/6/2022 Bartel Associates, LLC AP 417.50
232559 5/6/2022 Borelli Real Estate Service, Inc. AP 90.00 232560 5/6/2022 Bruce's Tire Inc AP 2,443.49
232561 5/6/2022 BSK Associates AP 63.00
232562 5/6/2022 Burton's Fire Inc. AP 3,045.00
232563 5/6/2022 Buxton Company AP 12,500.00
232564 5/6/2022 Ca Dept of Justice AP 676.50
232565 5/6/2022 Manuel A Avila AP 183.52
232566 5/6/2022 Coffee Break Service Inc. AP 184.66
232567 5/6/2022 Comcast AP 8.03
232568 5/6/2022 City of Los Banos Utility AP 27,412.66
232569 5/6/2022 D & D Pest Control AP 177.00
232570 5/6/2022 Display Sales AP 1,350.32
232571 5/6/2022 Marisol Diaz AP 250.00
232572 5/6/2022 F S Rod Inc AP 5,350.98
232573 5/6/2022 4AIIPromos LLC AP 3,176.48
232574 5/6/2022 Farmer Brothers Coffee AP 49.93
232575 5/6/2022 Fastenal Company AP 57.97
232576 5/6/2022 Fast Track Car Wash AP 497.00
232577 5/6/2022 Galls Inc AP 152.73
232578 5/6/2022 Hach Company AP 1,690.42
232579 5/6/2022 Halcyon Creek Inc. AP 12,125.76
14 232580 5/6/2022 Henley Pacific, LLC AP 332.61
232581 5/6/2022 Holt of California AP 5,459.96
232582 5/6/2022 InfoSend Inc. AP 6,659.16
232583 5/6/2022 Jerry Witt AP 2,389.00
232584 5/6/2022 Kittelson & Associates, Inc. AP 4,257.50 232585 5/6/2022 Michael Lewallen AP 850.00
232586 5/6/2022 Liebert Cassidy Whitmore AP 117.00
232587 5/6/2022 Marfab Inc AP 174.63
232588 5/6/2022 Matson Alann Co Inc AP 189.00
232589 5/6/2022 McCrometer Inc. AP 351.00
232590 5/6/2022 Merced Truck & Trailer Inc AP 839.64
232591 5/6/2022 NDN International LLC AP 866.00
232592 5/6/2022 Kevin M Nelson AP 120.00
232593 5/6/2022 North Central Laboratories AP 337.07
232594 5/6/2022 The Office City AP 5.70
232595 5/6/2022 OSE AP 2,246.87
232596 5/6/2022 PG&E Company AP 9.86
232597 5/6/2022 Pace Supply Corp. AP 313.37
232598 5/6/2022 Pacific Water Resources AP 2,478.60
232599 5/6/2022 PlaceWorks, Inc. AP 46,665.00
232600 5/6/2022 Provost and Pritchard Engineering, Inc. AP 10,811.80 232601 5/6/2022 Purchase Power Inc AP 3,220.04
232602 5/6/2022 Reliable Roofing & Retrofit AP 256.00
232603 5/6/2022 Save Mart Supermarkets AP 158.98
232604 5/6/2022 Sherwin Williams Co AP 536.37
232605 5/6/2022 Smith & Loveless Inc AP 22.74
232606 5/6/2022 Sorensens True Value AP 1,040.87
232607 5/6/2022 Sorensens True Value AP 42.59
232608 5/6/2022 Specialty Distributors, Inc. AP 80.94
232609 5/6/2022 Sprint Solutions, Inc. AP 189.95
232610 5/6/2022 Stantec Consulting Services, Inc. AP 5,216.50 232611 5/6/2022 Stommel, Inc. AP Void 3,298.93
232612 5/6/2022 Superior Pool Products, LLC AP 4,138.31 232613 5/6/2022 SWRCB Accounting Office AP 50.00
232614 5/6/2022 Thirkettle Corporation AP 18,514.69
232615 5/6/2022 Triangle Rock Products AP 42,710.22
232616 5/6/2022 USA Blue Book AP 352.86
232617 5/6/2022 Britney Garcia AP 98.57
232618 5/6/2022 MHP Builders Inc AP 154.02
232619 5/6/2022 Alan Torres AP 3.47
232620 5/6/2022 Jessica Jaramillo AP 9.82
232621 5/6/2022 Meritage Homes AP 221.13
232622 5/6/2022 Raquel Aguirre AP 54.21
232623 5/6/2022 Marisa Alvarez AP 9.82
232624 5/6/2022 Raimundo Ferreira AP 104.91
232625 5/6/2022 Maria Nivea Oliveira AP 104.91
232626 5/6/2022 Maria Ortiz AP 104.91
232627 5/6/2022 Richard Hague AP 100.00
232628 5/6/2022 Serena Schmidt AP 100.00
232629 5/6/2022 Alfonso Alatorre Jr AP 100.00
232630 5/6/2022 Paul Gerhardt AP 100.00
232631 5/6/2022 Linda Frantzich AP 104.91
232632 5/6/2022 Shirley Rayford AP 100.00
232633 5/6/2022 Bianca Garza AP 100.00
15 232634 5/6/2022 Aileen Chua AP 100.00
232635 5/6/2022 Joseph Perry AP 104.91
232636 5/6/2022 Jorge Soto AP 89
.78
232637 5/6/2022 Ronnie Price AP 163.23
232638 5/6/2022 Maria Ceja AP 84.44
232639 5/6/2022 David Cruz AP 52.40
232640 5/6/2022 Joel Magana AP 104.91
232641 5/6/2022 Esther Rodriguez AP 104.91
232642 5/6/2022 Jesus Rodriguez AP 200.00
232643 5/6/2022 Tomme Price AP 129
.39
232644 5/6/2022 Roxanne Susan Putz AP 127.90
232645 5/6/2022 Quang Duong AP 104.91
232646 5/6/2022 James Alfaro AP 98.68
232647 5/6/2022 Dennis Contreras AP 129.39
232648 5/6/2022 Kevin Rossi AP 104.91
232649 5/6/2022 Ronald Martinez Reyes AP 200.00
232650 5/6/2022 Delia Regalado AP 89.78
232651 5/6/2022 Maria Aranda AP 104.91
232652 5/6/2022 Eloy Guzman AP 91.56
232653 5/6/2022 Thomas Sargent AP 104.91
232654 5/6/2022 Mercedes Mora AP 104.91
232655 5/6/2022 Richard Ramos AP 104
.91
232656 5/6/2022 Elvia Davila AP 104
.91
232657 5/6/2022 Maria Sanchez-Tovar AP 104.91
232658 5/6/2022 Mariela Velazquez AP 104.91
232659 5/6/2022 Magda Oros AP 104.91
232660 5/6/2022 Ignacio Alonzo JR AP 104.91
232661 5/6/2022 Maria Pena AP 200.00
232662 5/6/2022 Dora Ybarra AP 104.91
232663 5/6/2022 Norma Ynfante AP 104.91
232664 5/6/2022 Saray Echeverria AP 98.68
232665 5/6/2022 Angelica Acosta AP 86.22
232666 5/6/2022 Amelia Toscano AP 55.96
232667 5/6/2022 Luis Marquez AP 104.91
232668 5/6/2022 Aaron Lane AP 200.00
232669 5/6/2022 Esther Ciprian AP 104
.91
232670 5/6/2022 Margarita Cabrera AP 104.91
232671 5/6/2022 Misty Knapp AP 104.91
232672 5/6/2022 Rosendo & Evelia Magallanes AP 104
.91
232673 5/6/2022 Rosario Carrasco AP 200.00
232674 5/6/2022 Denarte Silveira AP 104.91
232675 5/6/2022 Mario Baez AP 61.30
232676 5/6/2022 Robert Loewen AP 104.91
232677 5/6/2022 Ester Guerrero AP 200.00
232678 5/6/2022 Aracely Gonzalez AP 104.91
232679 5/6/2022 Fabio Pedraza AP 104.91
232680 5/6/2022 Jason McElroy AP 104.91
232681 5/6/2022 Barbara Anderson AP 200.00
232682 5/6/2022 Jennifer Turman AP 104.91
232683 5/6/2022 Eloisa Beltran AP 104.91
232684 5/6/2022 Arie Barcellos AP 200.00
232685 5/6/2022 Alapatin Alalatoa AP 104.91
232686 5/6/2022 Nicholas Carrieri AP 104.91
232687 5/6/2022 Lloyd Webb AP 104.91
16 232688 5/6/2022 Josefina Molina-Madrigal
232689 5/6/2022 Cathy Lam
232690 5/6/2022 Antonio Rodriguez
232691 5/6/2022 Juan Solis Adame
232692 5/6/2022 Cynthia Tatro
232693 5/6/2022 Jonathan and Charlissa Rose
232694 5/6/2022 V anir Construction Management, Inc.
232695 5/6/2022 Windecker Inc
Break in check sequence due to the following:
Check# 232533 - # 232538 (Payroll)
AP
AP
AP
AP
AP
AP
AP
AP
104.91
113.12
104.91
200.00
104.91
104.91
8,268.13
788.68
Total Void Check Count: 1
Total Void Check Amount: 3,298.93
Total Valid Check Count: 212
Total Valid Check Amount: 838,415.27
Total Check Count: 213
Total Check Amount: 841,714.20
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MAY 4, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas; ABSENT: Mayor Manuel Thomas Faria 111.
STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Police Commander Reyna, Public Works Director/City Engineer Than
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Mayor Faria absent.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Pro Tern Lambert opened the public forum and asked those at the meeting if they would like to speak:
SHANDRA LEWIS, Assistant Manager of the Rancho Mobile Home Park, stated that they appreciate hearing us out, we will be back in numbers at your Council Meeting until our issues are resolved, the Police Chief has been out and visited with them which was very much appreciated, just the other day they had to call the Police Department because a homeless man was bringing in furniture through their park to take to the homeless encampment and was then arrested for trespassing, how they want to have confidence in the promise that the Police Chief made that he will try to resolve the issues, we have endured this situation for 2 ½ years and feels they have endured enough; CLAUDIA NUNES, resident at the mobile home park, stated she has called the Police Department over and over, concerns with loud stereo, loud screaming that doesn't stop, we can't take much more and we can't confront them because we are scared what they might do, how she has called the Police Department and they don't show up, why do we have to put up 19 with this crap, the homeless are stealing everything, please listen to us, please help us, she is scared a lot of times to even go out of her house; SHARON GRAY, Manager of Rancho Mobile Home Park, she has never had the problems she is having now with the homeless, the homeless people have no respect, they steal everything you leave outside, leave junk in our yards, it's not fair that they work and pay rent, keep their places neat and they have to put up with this, she knows it's a big problem but I want them gone, they are siphoning out gas from the cars; MARIA SALINAS, Los Banos Mobile Home Park resident, thanked the Police Chief for coming out to the mobile home park yesterday and listening to our concerns and committing to do whatever he can to address our issues with the homeless, she invited all to come visit their mobile home park and see what they have to endure, they have cut the fence even more to make it easier to come in and out of mobile home park, a recent brush fire by their fence, please give us our peace back, she supports resources for the homeless, but the homeless that are house on the other side of our fence are lazy destructive drug addicts, afraid to wake up in the morning to see her car gone, they don't want resources, they choose to live like this, there is a lot of potential problems and danger and help us avoid dangerous situations, inquired how they can get an item on your agenda so that you can take action on the issues we are raising today, member of the community support them, they are still tired and worried and more scared, so please do your part; ANN McCAULEY, Los Banos, stated that it's been a long time since she has been to an in person meeting, she noticed that you will be meeting later in closed session about property on Pacheco Boulevard and hopes that this is the corner on 6th Street and hopes the City can purchase the property, she spoke regarding her concerns with Pioneer Road and how it is back up east bound now and knows there are plans to expand to four lanes, she feels that we should be looking at Henry Miller Road and use that as a truck bypass, there are no homes out there and can well accommodate the truckers as all they want to do is get through town, and how the Pioneer Road expansion just does not make sense especially if trucks are going to be on it; SANDRA BENETT!, Peninsula Clean Energy, provided information regarding the enrollment of their services and how PCE passes the savings on to their customers and explained the enrollment information Los Banos residents are receiving; ADRIAN LAGARA, Los Banos, raised his concerns regarding the homeless encampment near the Rancho Mobile Home Park, spoke regarding the danger the fires the homeless are starting can cause, the noise they are making is up to a maximum at all hours of night making it hard to sleep, there is a drum set, a trumpet with a band going on all hours of the night and day, they steal stuff, leave trash and drugs. Mayor Pro Tern Lambert then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received one comment: Ray Walton, representing LUAAC, wanted to know what if the city manager and city council ding about diversity when it comes to the African American community, do they have any current programs. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Jones, seconded by Llamas to approve the consent agenda as follows: Check Register for #232121 -#232476 in the Amount of $1,641,619.82; Third Quarter Investment Report for the 2021/2022 Fiscal Year; Minutes for the April 20, 2022 City Council Meeting. The motion carried by the affirmative action of all Council Members present, Mayor Faria absent. 20 ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Elms reported that Public Hearings will be held by the Los Banos Planning Commission on May 11, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022- 03 to allow the operation of a mobile food vending vehicle on private property for Casta Dolores Amador Romero dba Casa de Churro y Osita Hot Dogs, located within the Highway Commercial Zoning District at 2169 E. Pacheco Boulevard, more specifically identified as Assessor's Parcel Number: 083-140-008.
CITY MANAGER REPORT. No report, City Manager Pinheiro absent.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No report, Mayor Faria absent.
CITY COUNCIL MEMBER REPORTS.
BRETT JONES: No report
KENNETH LAMBERT: No report
DEBORAH LEWIS: Stated that she really wished the residents at the mobile home park would have stayed to hear her comments and hopefully they will hear them as her heart goes out to them, we placed a horrible situation around them that we cannot control, some homeless do not want to be on the street and we have been able to help some, some homeless don't want help, how the county has services to help those who want it, how there is no money being sent down to smaller communities to address the homeless issues and concerns, she thinks we need to find some land in a remote area and relocate them as she doesn't think any of us would want the homeless in our back yard. She is making a Council Member Request to have this item put on the agenda sooner rather than later and have the staff explain this all to them, this is not the most favorable place to have the homeless encampment, the mobile home park residents are entitled to the same protection as all of us, we need to take care of these people and do something about it.
REFUGIO LLAMAS: Stated that he concurs with Council Member Lewis's comments regarding the homeless encampment, it is a very difficult situation for the mobile home residents, he has confidence in the Police Chiefs ability to minimize the situation, and the City Council needs more information and options for this homeless encampment near the mobile home park.
MAYOR TOM FARIA: Absent
CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED AT 610 PACHECO BOULEVARD, LOS BANOS, CALIFORNIA, APPROXIMATELY 0.296 21 ACRES (APN 026-121-006); CITY NEGOTIATORS: CITY MANAGER PINHEIRO, CITY
ATTORNEY VAUGHN, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR ELMS: NEGOTIATING PARTIES: SYBIL A. BALATTI TRUSTEE: UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No reportable action.
ADJOURNMENT. Motion by Lewis, seconded by Llamas, the meeting was adjourned at 6:58 p.m. The motion carried by the affirmative action of all Council Members present, Mayor Faria absent.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
22 LOsBanos
At tit Crossnuuls of Cfl { uia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: May 18, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Miller and Lux Roofing Improvements
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute a contract with Straight Edge Roofing Inc. for improvements and repair work to the Miller and Lux roof, located at 830 5th St.
Background:
On January 27, 2021 a rain storm caused damage to the Miller and Lux building at 830 5th St. The presently existing roofing surface was insufficient in preventing rain from entering the building. The present surface is an approximately 25-year-old tarp-like surface. Public Works staff is seeking improvements to the roof to prevent future damage to the building.
Public Works staff have requested the following improvements:
• Weld or seal all seams and protrusions to secure all openings on the roof-top area.
• Install a minimum of 1" of foam insultation board on the entire roof surface.
Discussion:
City of Los Banos Public Works staff solicited quotes from roofing companies for the requested roofing repairs. Pursuant to the Los Banos Municipal Code and the Uniform Construction Cost Accounting Procedures. Public projects less than $60,000.00 may be performed by negotiated contract. Public Works staff solicited quotations by phone and through the internet. The companies solicited were as follows: Straight Edge Roofing Inc., HB Urethane Roofing, Peterson Roofing and Benchmark Roofing Inc. 23 Straight Edge Roofing Inc. provided the lowest quote at $49,750.00. Attached is the proposal received from Straight Edge Roofing Inc. HB Urethane Roofing provided as estimate of $59,500.00. Benchmark Roofing Inc. provided an estimate of $66,924.00.
Benchmark Roofing Inc. also provided an alternate option for improvements at $74,325.00. Peterson Roofing failed to meet the requested specifications and provided an alternate option for improvements at $93,265.00.
Fiscal Impact:
Expenses related to the Miller and Lux roofing improvements are provided from the General Fund in line i 1hl, 100-452-100-720.
Atta , hments:
Service Contract
Resolution
& ~ ~ Sonya Williams, Finance Director
24 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
LOS BANOS AND STRAIGHT EDGE ROOFING
INC., FOR MILLER & LUX ROOF REPAIR
PROJECT
WHEREAS, the City of Los Banos Public Works Department solicited for proposals to the improvements and repair work to the Miller and Lux roofing; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Straight Edge Roofing Inc. provided the lowest responsive and responsible proposal in the amount of $49,750.00; and WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the contract with Straight Edge Roofing Inc. for the improvements and repair work to the Miller and Lux roofing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Straight Edge Roofing Inc. for the improvements and repair work to the Miller and Lux roofing.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 CONTRACT BETWEEN THE CITY OF LOS BANOS AND STRAIGHT
EDGE ROOFING INC., FOR MILLER & LUX ROOF REPAIR PROJECT THIS CONTRACT is made and entered into this day of ___ , 2022, between CITY OF LOS BANOS, a California municipal corporation ("City") and STRAIGHT EDGE ROOFING INC., a California corporation ("Contractor");
RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out repair of the Miller & Lux Building roof located at 830 6th Street in the City of Los Banos;
C. WHEREAS, Contractor submitted a responsible proposal in response to an informal Request for Proposal prepared by the City Parks and Recreation Division; D. WHEREAS, Section 3-16.030 of the Los Banos Municipal Code allows for a public project of less than $60,000 to be performed by negotiated contract; E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
F. WHEREAS, City and Contractor desire to set forth their rights, duties and obligations in connection with the services to be performed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK AND COMPENSATION
1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary in order to provide the roof repair at the Miller & Lux Building, 830 6th Street, Los Banos as described in the Project Overview and Contractor's Proposal #1002 submitted by the Contractor dated September 15, 2021, set forth in Exhibit A attached hereto and incorporated herein by this reference. The roof repair generally consists of (1) weld or seal all seams and protrusions to secure all openings on the roof top area; (2) install a minimum of 1" of foam insulation board on the entire roof surface as more particularly described in Contractor's above referenced proposal.
Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.
27 1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $47,500.00 in accordance with the proposal set forth in in Contractor's Proposal #1002 submitted by the Contractor dated September 15, 2021, Exhibit A attached hereto and incorporated herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing.
1.03. Billing. Compensation shall be paid to Contractor upon receipt and approval by City of an invoice setting forth in detail the services performed. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff.
1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of thirty (30) calendar days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.
2. GENERAL WORK REQUIREMENTS
2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.
2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.
2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic along the project area.
2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
2 28
2.06. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
3. CONTRACTOR'S RESPONSIBILITIES
3.01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.
3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.
3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial 3 29
Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Covera11:e. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Covera!le. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
1v. The insurer waives all rights of subrogation against City, its elected or appointed 4 30
officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.
3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
5 31
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance 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."
3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
Contractor warrants and guarantees after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as warranted. During the term of this warranty (20 year material warranty) and (5 year labor warranty) Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City.
Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.
3.08. Independent Contractor Status. Contractor shall independently perform all work 6 32
under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner.
3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.
3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.
3.11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers. 3 .12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3.13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.
4. GENERAL PROVISIONS
4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Eight Hundred Dollars per day ($800/Day). for each calendar day 7 33
by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.
4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.
4.3 Utility Facilities. Not applicable.
4.4. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit _brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.
4.5. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.6. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4.7. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.8. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
8 34
To City:
To Contractor:
City of Los Banos
411 Madison A venue
Los Banos, California 93635
Attn: Nirorn Than
Straight Edge Roofing Inc.
5248 Sultana A venue
Atwater California 95301
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
4.9. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.
4.10. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.
4.11. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
4.12. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
4.13. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
4.14. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Contract shall continue to be in full force and effect.
4.15 Order of Precedence. In the event of an inconsistency in this Contract and any of the attached Exhibits, the terms set forth in this Contract shall prevail. If, and to the extent this Contract incorporates by reference any provision of the Contractor's Proposal, such provision shall be deemed a part of this Contract. Nevertheless, if there is any conflict among the terms and conditions of this Contract and those of any such provision or provisions so incorporated by reference, this Contract shall govern over the Contractor's proposal. 9 35
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
Date: _____ ~ 2022
Date: ______ , 2022
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
STRAIGHT EDGE ROOFING INC., a
California corporation
by:
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
36 EXIDBITA
PROJECT OVERVIEW
AND
PROPOSAL #1002 DATED SEPTEMBER 15, 2021
11 37
THIS PAGE IS INTENTIONALLY LEFT BLANK
38 Page# 1 of 2 Pages
STRAIGHT EDGE ROOFING INC
6248 Sultana Ave
Atwater, CA 96301
PROPOSAL & CONTRACT
Contract# 1002
DATE: September 15, 2021
Phone (209) 262-8768
Fax {209) 394-8766
Ucenae, 839371
TO: City of Loa Banos
8306th Str.
Los Banos
PHONE: 209-826-2207
4,408 square faet of roof
CA 93835
209-587-0987
Carlos
Job name
and/or
locatlon
Job Phone:
Cell Phone:
We hereby submit apegificatlons and estimates for:
PVC ROOFING SYSTEM
C&clllac systam
City of Loa Banos
8308th Str.
Los Banos CA 93835
209-826-2207 #12
209-587-0987
1. lnsta111n ISO board on all flat surfaces of roof and Install Insulation plates and fasteners to hold In place.
NOTE: This Is 1" Insulation board on the entire roof surface.
2. Install PVC single-ply roofing system to entire roof.
3. Weld all seams and roof vent and protrusions in accordance with manufacture's recommendations.
4. Install screens on all rooftop flashings to limit bird entry.
5. Install new termination bar around perimeter of side walls to seal any wall leaks. lnstal the above system In accordance with the manufacturer's specifications.
The cost of the pemift wll be added to the contract price.
WARRANTY: 20 year material warranty and 5 year labor warranty. (Non pro-rated) Warranty papers to folow completion and final payment
NOTICE: Under 1he Mechanic's Uen Law (C81fcmla Code of CMI Procedure, Secllon 1181 el Seg.) any Contractor, SUbcantractor, Laborer, SUppler or o1t9 peraan who helps to hlpr'CN9 your property but Is not paid for his work or supplleB has a right to enforce a claim against your property. This means that after a oourt healng, your property could be BOid by a counly ofllcer and lhe proceeds of sales used to sallsfy the Indebtedness. This can happen ft911 If you have paid your awn contractor In run, If the Sld>contracfor, Laborer, or Suppler remains lnpald. Contractors are required by law to be lcensed and 1111Julal8d by the Contractor's Stale Ucense Board. Any quesllonS conearnlng a contrector may be refened to the reglBtrw of the board whose address rs:
Contractor's State License Board. P. 0. Box 26000, Sacramento, CA 95827 or 9835 Goethe, Sacramento, CA 95827 We hereby propose to fUmish material and labor - ii accordance with the above specifications, for the sum of:
FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00 CENTS $47,500.00 Payment to be made as follows: 20% to accompany signed contact. 60% after half 18 oornplelld, 20% upan completion of the proJact. Dalilquent payment, upon any work completed, 8hall Ilea- Interest al 1.5% per month from dale or completion. and, If suit rs tied to enforce paymert, awner wll pay reasonable attorney fees aid court cost 1st payment $9,600.oo 2nd payment $28,500.00 3rd payment $9,500.00 Dale paid Dale paid Date paid
Acceptance of tha PropoaaL The above prices, apeclflcatlom We agree to fUmish tha abow Items and conditions herein contained. All and conclltlone are eatlafac:tDry and are hereby acceptad. You ag19ements contingent upon strkes, Arb of God, or other causes are authorized to do the work aa specified. Payment will be beyond our control. made ae outlined above.
Data of Acceptance:
--------- 771(1 confm:t om:, Is 110ld,n,, 30 ll!D
Purchaser Contractor ----------- PageaJ 1 of 2 Pages
I
39 Page# 2 of 2 Pages
STRAIGHT EDGE ROOFING INC
5248 Sultana Ave
Atwater, CA 95301
PROPOSAL & CONTRACT
Contract#
DATE: September 15, 2021
Phone (209) 262-8768
Fax (209) 394-8766
License # 839371 4,408 square feet of roof
TO: City of Los Banos Job name City of Los Banos
and/or
830 6th Str. location 830 6th Str.
Los Banos CA 93635 Los Banos CA
PHONE: #REFI #REF! Job Phone: 209-826-2207 #12
#REFI Cell Phone: 209-687-0987
We hereby submit specifications and estimates for:
1. Applications described above are contingent upon favorable weather conditions as determined by
STRAIGHT EDGE ROOFING INC
93635
2. Pressure washing is a necessary step to Insure the proper bonding of the newly applied roof coatings.
There is the possibi6ty that you will experience some roof leaks during this stage of the installation, especially if you have had leaks in the past. We will notify you when we are starting to wash and will do everything possible to avoid leaks but we will not be liable for any damages.
3. It is the responsibility of the Owner to notify tenants or employees of any parking lot closures, relocation procedures or precautionary steps needed to secure/protect building and Its contents during work operations. STRAIGHT EDGE ROOFING INC
4. In many areas a building permit is required. If a permit is obtained, the direct cost will be added to the contract amount. If the building department requires additional work that is not included in this proposal all cost asociated with lhe additional work are the owner's responsibility.
STRAIGHT EDGE ROOFING INC will submit a written change order to the owner for authorization to proceed with any additional work.
5. This proposal is being offered without any prior knowledge of the existence of asbestos containing materials and that If at any time in the Mure asbestos Is identified and necessitates removal, all associated cost will remain the sole responsibility of the owner.
6. Any structural repairs found in the process of the project will be submitted as a change order to the owner of the building for approval to proceed. Repairs will be subject to an additional charge of Time ($100/hr} + Materials.
Acceptance of the Proposal The above prtces, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment wlll be made as oudinad above.
Date of Acceptance: ________ _
Purchaser
2 We agree to furnish the above Items and conditions herein contained.
All agreements contingent upon strikes, Acts of God, or other causes beyond our control.
Tllis confnlct price Is void alter 30 .!t11!!
Contractor
----------- Page# of 2 Pages --L-...-------------------....J 40 LOsBanos
At lhe Crossro,uls ,~, L _ ua
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: May 18, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Purchase and Installation of Colorado Ballpark Scoreboards Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute a contract with Electro-Mech Scoreboard Company for the purchase and installation of three scoreboards at Colorado Ballpark (815 Colorado Ave.) Background:
Colorado Ballpark is host to the Los Banos Little League. Colorado Ballpark contains three ballfields, each with an outfield scoreboard. The scoreboards are used during Little League games and tournaments. The scoreboards on-site are unusable due to a variety of conditions including, age and vandalism.
Public Works staff requested quotes for the purchase and installation of three new scoreboards at Colorado Ballpark. The scoreboards must include wireless capabilities and feature: inning, score and outs. The scoreboard must be mountable to a 1 0' to 15' pole and shall have a minimum size of 4' x 8'.
Discussion:
The City of Los Banos Public Works staff solicited quotes from scoreboard companies.
Pursuant to the Los Banos Municipal Code and the Uniform Construction Cost Accounting Procedures, the Public Works staff solicited quotations by phone and through the internet. The companies solicited were as follows: Electro-Mech Scoreboard Company, SDI Sign Designs, BV Scoreboard Services Inc. and BSN Sports.
Electro-Mech Scoreboard Company provided the lowest quote at $37,800.00. Attached is the proposal received from Electro-Mech Scoreboard Company. SDI Sign Designs provided an estimate of $12,765.00 for purchase and $36,228.00 for installation for a total of $48,993.00. ABV Scoreboard Services Inc. provided an estimate of 41 $120,314.95. BSN Sports was unable to provide installation services. BSN Sports provided an estimate of $6,516.71 per scoreboard to total $19,550.13 without installation included.
Fiscal Impact:
Expenses related to the purchase and installation of the scoreboards is budgeted from American Rescue Plan Act (ARPA) in the line item, 206-410-100-753.
Attachments:
Service Contract
Resolution
~ µa.aor---oa_ 4- SonyaiHiams, Finance Director
42 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
LOS BANOS AND ELECTRO-MECH
SCOREBOARD COMPANY FOR THE PURCHASE
AND INSTALLATION OF SCOREBOARDS AT THE
COLORADO BALLPARK
WHEREAS, the City of Los Banos Public Works Department solicited for proposals to furnish and install three scoreboards at the Colorado Ballpark; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Electro-Mech Scoreboard Company provided the lowest responsive and responsible proposal in the amount of $37,800; and WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the contract with Electro-Mech Scoreboard Company for to furnishing and installing three scoreboards at the Colorado Ballpark.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Electro-Mech Scoreboard Company for furnishing and installing three scoreboards at the Colorado Ballpark.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member --- who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 CONTRACT BETWEEN THE CITY OF LOS BANOS AND ELECTROMECH SCOREBOARD COMPANY FOR THE COLORADO BALLPARK
SCOREBOARD PROJECT
THIS CONTRACT is made and entered into this day of ___ , 2022, between CITY OF LOS BANOS, a California municipal corporation ("City") and ELECTRO-MECH SCOREBOARD COMP ANY ("Contractor");
RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out for the purchase and installation of scoreboards to be located at the Colorado Ballpark in the City of Los Banos; C. WHEREAS, Contractor submitted a responsible proposal in response to an informal Request for Proposal prepared by the City Parks and Recreation Division; D. WHEREAS, Section 3-16.030 of the Los Banos Municipal Code allows for a public project of less than $60,000 to be performed by negotiated contract; E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
F. WHEREAS, City and Contractor desire to set forth their rights, duties and obligations in connection with the services to be performed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK AND COMPENSATION
1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary for the purchase and installation of the three scoreboards, three wireless systems, three carrying cases as described in the Project Overview and Contractor's Quotation # 0057272 submitted by the Contractor dated March 21, 2022, set forth in Exhibit A attached hereto and incorporated herein by this reference. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.
1.02. Compensation. The total amount to be paid under this Contract for all of the work 45 set forth in Section 1.01 above shall not exceed $37,800.00 in accordance with the quotation set forth in in Contractor's Quotation# 0057272 submitted by the Contractor dated March 21, 2022, Exhibit A attached hereto and incorporated herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing.
1.03. Billing. Compensation shall be paid to Contractor upon receipt and approval by City of an invoice setting forth in detail the services performed. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff.
1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of thirty (30) calendar days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.
2. GENERAL WORK REQUIREMENTS
2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.
2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.
2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic along the project area.
2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
2.06. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and 2 46
health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
3. CONTRACTOR'S RESPONSIBILITIES
3.01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.
3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.
3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
3 47
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect 4 48
coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.
3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PA TENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who 5 49
is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance 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."
3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
Contractor warrants and guarantees for one (1) year from and after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as provided for in the Contract Documents. During the term of this warranty, Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City.
Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.
3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner. 6 50
3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.
3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.
3.11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers.
3.12. Conflicts of futerest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3.13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.
4. GENERAL PROVISIONS
4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Eight Hundred Dollars per day ($800/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the 7 51
City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.
4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.
4.3 Utility Facilities. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Conditions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities and performing potholing when necessary.
The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.
Contractor will not be entitled to damages or payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.
4.4. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.
4.5. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.6. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or 8 52
data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4.7. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.8. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
To Contractor:
City of Los Banos
411 Madison A venue
Los Banos, California 93635
Attn: Nirorn Than
Electro-Mech Scoreboard Company
72 Industrial Blvd.
Wrightsville, Georgia 31096
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
4.9. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.
4.10. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.
4.11. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
4.12. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
4.13. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 9 53
4.14. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Contract shall continue to be in full force and effect.
4.15 Order of Precedence. In the event of an inconsistency in this Contract and any of the attached Exhibits, the terms set forth in this Contract shall prevail. If, and to the extent this Contract incorporates by reference any provision of the Contractor's Proposal, such provision shall be deemed a part of this Contract. Nevertheless, if there is any conflict among the terms and conditions of this Contract and those of any such provision or provisions so incorporated by reference, this Contract shall govern over the contractor's proposal.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
[Signature block begins on next page]
54 Date: ______ , 2022
Date: _____ _, 2022
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
11 ELECTRO-MECH SCOREBOARD
COMPANY
by:
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
55 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 EXIDBIT A
PROJECT OVERVIEW
AND
QUOTE# 0057272 DATED MARCH 21, 2022
12 57
THIS PAGE IS INTENTIONALLY LEFT BLANK
58 Quote Date: March 21, 2022
72 Industrial Blvd.
Wrightsville, GA 31096
Quote Number: 0057272
Rev. 4/12/2022 14.56494 I
800-445-7846 (v)
478-864-0212 (f)
Quote Prepared For: Contact Information and Notes:
City of Los Banos City of Los Banos
520 J Street 520 J Street
Los Banos, CA 93635 Los Banos, CA 93635
Customer ID Payment Terms Good Throuah Sales Rep
CRM999 NET30DAYS 6/19/2022 Kelly Lombard
Qty. I Item ID I Description I Unit Price I Amount
3 319-40-1030 LX1030, BASEBALL, BFT X 4FT 3,080.00 9,240.00 Digit Color AMBER DIGITS
Face Color MATTE BLACK
Caption Color WHITE CAPTIONS
Stripe Color WHITE STRIPING
Console Type Guest on Left, Home on Right, MM Console
Communication Type Scorelink Embedded Wireless
Team Name Type STANDARD GUEST AND HOME CAPS
3 332-40-4000 SL-400 WIRELESS SYSTEM 800.00 2,400.00
Wireless Type SL-400 EMBEDDED RX EMBEDDED TX
3 544-10-4825 CARRYING CASE, CONSOLE 120.00 360.00
/319-65-1005 INSTALLATION 0.00 26,000.00
Installation includes I-beams/cages, foundations, dirt removal, 3/4" conduit Quote Note
Carlos Granillo
209-827-2483
[email protected]
for electrical grounding, concrete & paint
Net Order: 38,000.00
Less Discount 2,400.00
Freight: 2,200.00
Sales Tax: 0.00
------- Quote Totat 37,800.00
Thank you for allowing us the opportunity to quote. Please call if you have any questions. To convert this quotation directly into an order, please provide a signature, purchase order number, and date on the lines shown below.
Signature of Authorized Purchaser Purchase Order Number Date www.electro-mech.com
59 Quote Date: March 21, 2022
Payment Terms:
72 Industrial Blvd.
Wrightsville, GA 31096
Quote Number: 0057272
Rev. 4/1212022 14.56494
Standard Terms and Conditions
800-445-7846 (v)
478-864-0212 (f)
Page2of2
Upon acceptance of this proposal, unless another payment schedule is agreed upon in writing, the following Standard Payment Terms shall be applicable:
If Contract includes installation If Contract is supply only (no Installation) 50% Down payment 50% Down payment
40% Due prior to shipping 50% Due prior to shipping
10% Due upon completion of the installation
Installation
Unless otherwise, specifically indicated on the attached quotation and/or indicated on the attached installation responsibility checklist, this proposal does not include the following materials and/or services:
-Stamped Engineered Drawings -State & Local Taxes
-Additional Structure Dictated by Stamped Drawings -Providing Electrical Service to Location -Providing Conduit/Raceways -Installation of Foundations -Electrical Disconnect or Distribution Equipment -Unloading or Storing of Scoreboards -Licensing or Permitting -Inside Delivery of Scoreboards Exclusions
In the event that Electro-Mech Scoreboard Co. is under contract to perform all of, or a specified portion of the installation of the scoreboard, sign age, and/or equipment outlined in the attached quotation, unless otherwise stated the proposal does NOT include:
stamped engineered drawings or costs associated with the addition of structure or footings dictated/required by engineered drawings, auguring/digging of footings, supply, pouring or finishing of concrete, rebar cages for footing reinforcement, metal fabrication for base plates or structure, costs associated with the amendment of unsuitable soils (including but not limited to encountering water/water table, rock removal, backfilling of voids created by rock removal, sandy or silty soil, etc.), removal of excavated materials, or additional return trips due to circumstances not directly controlled by Electro-Mech Scoreboard Co. (e.g. improper power provided, inclement weather, restricted access to the site, etc.)
Assumptions
In the event that Electro-Mech Scoreboard Co. is under contract to perform all of, or a specified portion of the installation of the scoreboard, sign age, and/or equipment outlined in the attached quotation, unless otherwise stated it will be the responsibility of the Owner/Purchaser to ensure the following criteria is met: Electro-Mech will have unobstructed access to the site/location during normal business hours (this access will include entranceways large enough to accommodate the size boom trucks, cranes, and/or lifts as required to perform the scope of work), a clear, unobstructed radius of 50 foot (minimum) around the scoreboard location for the duration of the installation, manufacturer's required power at the location prior to installation, access to power disconnect/breaker(s) for the scoreboard circuit(s), the Owner/Purchaser will be responsible for having a licensed electrician make final power termination.
Deviance
If the scoreboard delivery or installation encounters any instance that requires deviation from the agreed upon scope of work and/or pricing, the project may be stopped or delayed until a mutually agreed upon solution is negotiated between the Owner and ElectroMech Scoreboard Co.
Acceptance
The undersigned declares that they have authority to enter into agreement on behalf of the Customer, and acknowledges & agrees to the above stated Terms & Conditions for the attached quotation. Further it is acknowledged that any changes to the agreed upon scope of work that affects pricing must be in writing and will be the responsibility of the Customer. Verbal agreements, changes, or discussion related to pricing or scope of work changes will not be valid.
Thank you for allowing us the opportunity to quote. Please call if you have any questions. To convert this quotation directly into an order, please provide a signature, purchase order number, and date on the lines shown below.
Signature of Authorized Purchaser Purchase Order Number Date www.electro-mech.com
60 LOsBanos
r\l ll1l' Cn,. s,oad . - :ali oruic
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A Vaughn, City Attorney
DATE: May 18, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361
RECOMMENDATION
Consider Resolution No. ____ to allow for in person, virtual, and hybrid public meetings.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
BACKGROUND
On April 20, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council directed staff to make textual changes to the proposed resolution to allow for flexibility to meet in person or virtually as in response to COVID 19 changing conditions.
61 DISCUSSION
California's Ralph M. Brown Act was amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. AB 361 provides that it will sunset on January 1, 2024.
AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place.
Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.
The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted.
AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual public comments, together with reduced capacity in the Chambers as conditions 62 warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.
As noted above, by adopting the proposed Resolution, the City Council is not prohibited from conducting in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act's standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider and potentially renew the Resolution.
FISCAL IMPACT
None.
CONCLUSION
Based upon the existing state of emergency and state officials recommendations to socially distance, the City of Los Banos has the ability to continue to meet remotely should if it so choose, assuming the City adopts the proposed resolution making the required findings. The proposed resolution does not require the City of Los Banos to hold meetings via remote teleconferencing and the City Council can continue to meet in person for the time being but allows flexibility to return to remote teleconferencing in response to changing COVID -19 circumstances.
Reviewed by:
¥" i?: Sony
Finance
~
Director
lliams,
~
63 THIS PAGE IS INTENTIONALLY LEFT BLANK
64 RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, all meetings of the City of Los Banos' legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic; and WHEREAS, in light of the on-going pandemic, AB 361 amends the Brown Act (specifically Government Code section 54953) and gives public agencies the option to continue meeting virtually under certain circumstances; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Los Banos, and the City Council has done so; and WHEREAS, such conditions continue to exist in the City of Los Banos; and 65 WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.
Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.
NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
66 Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Section 3. Remote Teleconference Meetings. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member _ ____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria, Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Justin Melden, Police Commander¥
May 18, 2022
SUBJECT: School Resource Officer (SRO) Agreement ("Agreement") With Merced County Office of Education (MCOE)
TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve and authorize the signing of an Agreement between the City of Los Banos and the Merced County Office of Education for School Resource Officer (SRO) services.
Discussion:
The Merced County Office of Education (MCOE) has partnered with the Los Banos Police Department for a number of years to provide SRO services to Valley Community School through an Agreement.
The current Agreement expires on June 30, 2022; and the City and MCOE wish to extend the existing agreement for another three (3) year period. Under the proposed Agreement, MCOE would continue paying for 75% of one (1) police officer's salary and benefits. The City would be responsible for the remaining 25%. MCOE has already tentatively approved this Agreement and they have requested no changes be made for the upcoming fiscal year. Additionally, this Agreement has been reviewed and approved by the City Attorney.
Fiscal Impact:
For the 2022-2025 MCOE SRO MOU:
MCOE's share of salary and benefits will be approximately: $138,509.00 69 The City's share of salary and benefits will be approximately: $46,170.00 The City will provide MCOE with a calculation of their share of the total co for the ensuring school year on or before July 1, 2023 and July 1, 024.
Reviewed by:
t, mc1omu o Hj) &mua lu~ili~
Sonya Williams, Finance Director
Attachments:
2022-2025 MCOE MOU
70 RESOLUTION NO. --
A RESOLUTION OF THE CITY Of LOS BANOS
AUTHORIZING THE CITY MANAGER TO SIGN A
MEMORANDUM OF UNDERSTANDING WITH
THE MERCED COUNTY OFFICE OF EDUCATION
FOR SCHOOL RESOURCE OFFICER SERVICES
FOR THE 2022-2025 SCHOOL YEARS
WHEREAS, THE Merced County Office of Education operates a school for youth of Merced County within the geographic boundaries of the City of Los Banos; and WHEREAS, the Los Banos Police Department has, for a number of years, provided a School Resource Officer (SRO) through a Memorandum of Understanding whereby the Office of Education reimburses the City for 75% of the Officer's salary and benefits; and
WHEREAS, this agreement allows for the placement of a police officer on the school campus during school hours.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the City Manager to enter into an agreement with Merced County Office of Education regarding a School Resource Officer for the 2022-2025 school years.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria, Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 AGREEMENT
BETWEEN CITY OF LOS BANOS
AND MERCED COUNTY OFFICE OF EDUCATION
SCHOOL RESOURCE OFFICER PROGRAM
July 1, 2022 - June 30, 2025
THIS AGREEMENT entered into this 1st day of July 2022, by and between the City of Los Banos (hereinafter referred to as "City") and the Merced County Office of Education (hereinafter referred to as "MCOE") and terminates on June 30, 2025.
WHEREAS, MCOE and the City desire to set forth in this Agreement ("Agreement") the specific terms and conditions of the services to be performed and provided by the School Resource Officers ("SRO") at Valley Community School (hereinafter referred to as "School").
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1.0 Goals and Objectives - It is understood and agreed that the MCOE and the City officials share the following goals and objectives with regard to the School Resource Officer Program:
1.1 To foster educational programs and activities that will increase students' and parents' knowledge of and respect for the law and the function oflaw enforcement agencies;
1.2 To encourage the SRO to attend extra-curricular activities held at school, such as parent meetings, athletic events and concerts, Back to School Night, Open House, and Graduation;
1.3 To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly conduct by trespassers, the possession and use of weapons on campus, the illegal sales and/or distribution of controlled substances, and riots;
1.4 To report serious crimes that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school;
1.5 To cooperate with law enforcements officials in their investigations of criminal offenses which occur off campus.
2.0 Employment and Assignment of SRO
2.1 The City agrees to make one SRO available during the term of this Agreement.
The SRO shall be an employee of the City and be subject to the administration, supervision and control of the City except as such administration, supervision and control is subject to the terms and conditions of this Agreement.
06.30.2019WAV l
73 2.2 The City agrees to provide and to pay the SRO's salary and employment benefits in accordance with the applicable salary schedules and employment practices of the City, including but not necessarily limited to: sick leave, annual leave, retirement compensation, disability salary continuation, workers compensation, unemployment compensation, life insurance, dental insurance, and medical/hospitalization insurance. The SRO shall be subject to all other personnel policies and practices of the City except as such policies or practices may have to be modified to comply with the terms and conditions of this Agreement.
2.3 The MCOE agrees to reimburse the City for Seventy-five Percent (75%) of the SRO's salary, including benefits, in an amount not to exceed $131,273.00 ($175,031x .75) forthe2022-2023 school year.
2.4 The MCOE agrees to reimburse the City in two payments as follows: $65,636.50 payable on or before December 1, 2022 and $65,636.50 on or before May 1, 2023.
On or before July 1, 2023 and July 1, 2024, the City shall provide MCOE with the calculation ofMCOE's share of the total compensation for the ensuing school year. (Based on 75% of the SRO's salary, including benefits for the ensuing school year.)
2.5 The City, in its sole discretion, shall have the power and authority to hire, transfer, discharge, and discipline the SRO; however, a School representative will participate in the selection of the SRO to be placed on the School Campus. The assigned SRO will be supervised by the Chief of Police or his/her designated subordinate.
2.6 In the event an SRO is absent from work, the SRO shall notify both his/her supervisor and the principal of the School to which the SRO is assigned.
2. 7 While on site additional administrative duties will be assigned by the Chief of Police or his/her designated subordinate and completed by the SRO in support of the Los Banos Police Department.
2.8 The City agrees to provide statutory workers' compensation coverage, if and as required according to California Labor Code, including Employers' Liability limits of $1,000,000.00 per accident.
3.0 Duty Hours
3 .1 The officer in charge of the SRO program shall set specific SRO duty hours at the assigned School by mutual agreement, at the direction of the principal of the School, and the SRO Supervisor. The SRO will work 40 hours per week (full-time) in and around the School during the standard school term.
3.2 The SRO is not required to be on campus on non-school days with the exception of staff in service days related to Section 7.3.
3.3 In the event of a disaster or unusual occurrence, the SRO may be temporarily removed from the program to supplement police requirements. In the event of such
06.30.2019WAV 2
74 occurrence, the MCOE's share of cost shall be suspended for the number of hours lost to the program unless another officer is provided. 3 .4 The SRO will not be replaced nor will the MCOE share of cost be reduced during times when the SRO is off work due to vacation, CTO or sick leave. During times when the SRO is off work due to a non-SRO related job injury, the City shall arrange for a replacement SRO or the MCOE share of cost shall be suspended until the SRO resumes full duty on the School campus. Non-SRO related job injury is defined as an injury occurring when the SRO is not engaged in an activity outside of the scope of his/her duties as an SRO.
3.5 Planned time off, such as vacations and CTO shall be coordinated with the School Principal and his/her designee and the Chief of Police or his/her designee.
4.0 Basic Qualifications of SRO
To be a SRO, an officer must first meet all of the following basic qualifications:
4.1 Shall be a full time Police Officer with two years of law enforcement experience;
4.2 Shall possess sufficient knowledge of the applicable Federal and State Laws and Regulations;
4.3 Shall be capable of conducting in depth criminal investigations;
4.4 Shall possess an even temperament and set a good example for students; and
4.5 Shall possess communication skills, which would enable the officer to function effectively within the School environment.
5.0 Duties of SRO
5.1 The SRO shall coordinate all of his/her activities with the principal and staff members concerned and will seek permission, advice and guidance prior to enacting any program within the School;
5.2 The SRO shall develop expertise in presenting various subjects to the students, staff, parents and community. Frequency of workshops shall be at least once per quarter. Such subjects shall include, but are not limited to: a basic understanding of the law, the role of the police officer and law related areas, careers in public safety, the impact of felony convictions on future employment, etc. The SRO will collaborate with the School Principal to determine the most beneficial subjects and the target audience for each workshop;
5.3 The principal shall encourage the SRO to have individual and small group discussions with students, based upon material presented in class, to further establish rapport with students;
06.30.2019WAV 3
75 5.4 When requested by the principal, the SRO shall attend parent/staf:u'administrative meetings to solicit support and understanding of the program;
5.5 The SRO shall be available for conferences with students, parents and faculty members in order to assist them with problems of a law enforcement or crime prevention nature;
5.6 The SRO shall become familiar with all community agencies which offer assistance to youths and their families such as mental health clinics, drug treatment centers, etc.;
5.7 The SRO shall assist the principal in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student arrest;
5.8 Should it become necessary to conduct formal police interviews with students, the SRO shall adhere to MCOE Board Policy 5145.11, police policy and legal requirements for conducting such interviews, attached hereto and incorporated herein by this reference;
5.9 The SRO shall take law enforcement action as required. As soon as practicable, the SRO shall make the principal or his/her designee aware of such action. The SRO shall take appropriate law enforcement actions against intruders and unwanted guests who may appear at the School and related School functions, to the extent that the SRO may do so under the authority oflaw;
5.10 The SRO shall give assistance to other law enforcement personnel in matters regarding his/her School assignment, whenever necessary;
5.11 The SRO shall, whenever possible, participate in and attend School functions;
5.12 The SRO shall maintain detailed and accurate records of the operation of the SRO program. These records shall include, but are not limited to, statistical findings from his or her School. These records will be submitted to the supervisor of the SRO;
5.13 The SRO shall not act as a School disciplinarian, as disciplining students is a School responsibility. However, if the principal believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate.
6.0 Chain of Command
6.1 As an employee of the City, the SRO shall follow the chain of command as set forth in the City Policies and Procedures Manual;
6.2 In the performance of their duties, the SRO shall coordinate and communicate with the principal or the principal's designee(s) of the assigned School as set forth in this Agreement.
06.30.2019WAV 4
76 7. 0 Training
7 .1 The SRO shall receive training in the SRO Program. Training sessions will be conducted to provide SROs with appropriate in-service training, such as updates in the law, in-service firearm training and law enforcement school-related training.
Additionally, the SRO shall continue to participate in all other types of training, meetings, etc., when deemed appropriate by the Chief of Police; 7 .2 The MCOE also may provide training in Board of Education Policies, regulations and procedures;
7 .3 When requested by the principal, the SRO will attend professional development provided by the School when the training of the SRO is necessary to effectively implement a school program. Specifically, for the 2022-2023 school year, the principal may request that the SRO attend professional development along with school staff related to improving school culture.
8.0 Supplies and Equipment
8.1 The City agrees to provide the standard issue firearm and rounds of ammunition for the SRO;
8.2 The City agrees to provide the SRO with the required duty uniform;
8.3 The MCOE agrees to provide an office, desk, desk chair, computer and the usual and customary office supplies to the SRO.
9.0 Access to Education Records
9.1 School officials shall allow the SRO to inspect and copy any public records maintained by the School including student directory information, classroom assignments and discipline files. However, the SRO may only inspect or copy confidential student education records as allowed by law;
9.2 If some information in a student's cumulative record is needed in an emergency to protect the health or safety of the student or other individuals, School officials may disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence;
9.3 If confidential student record information is needed, but no emergency situation exists, the information may be released only upon the issuance of a search warrant or subpoena to produce the records.
06.30.2019WAV 5
77 10.0 Performance Evaluation
10.1 It is mutually agreed that the MCOE and the School shall evaluate annually the SRO Program and the performance of the SRO. It is further understood that the MCOE and the School's evaluation of each officer is advisory only and that the City retains the final authority to evaluate the performance of the SRO.
11.0 Term of Agreement
11.1 The term of agreement is three years, commencing on July 1, 2022, ending on June 30, 2025, unless sooner terminated in accordance with this Agreement.
12.0 Notices
12.1 All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.
B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office of mailbox.
C. Certified Mail. When mailed certified mail, return receipt requested, notice is effective upon receipt if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on deliver, if delivery is confirmed by the delivery service.
E. Facsimile Transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective upon receipt, provided that: a.) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, orb.) the receiving party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 P .M. or on a non-business day.
Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.
06.30.2019WAV 6
78 Mailing and contact information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
Merced County Office of Education
632 W. 13th Street
Merced, CA 95341
Fax (209) 381-6766
Steve M. Tietjen, Ed.D
Superintendent of Schools
(209) 381-6601
John Magneson
Asst. Superintendent, Ed. Services
(209) 381-6638
May Moua, Ed.D
Director, Educational Services
(209) 381-6648
Leslie Jelen, Principal
Valley Community School
(209) 827-5600
City of Los Banos
520 J Street
Los Banos, CA 93635
Fax (209) 827-7006
Josh Pinheiro
City Manager
(209) 827-7000
Gary Brizzee
Chief of Police
(209) 827-2501
Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
13.0 Termination
13 .1 This Agreement, notwithstanding anything to the contrary herein, may be terminated by either party at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.
13.2 Upon effective date of termination, MCOE shall have no further liability to the City, and the City shall have no further liability to the MCOE.
14.0 Disposition of Work Upon Termination
14.1 In the event of termination, all finished or unfinished documents and other materials, if any, at the option of MCOE and to the extent permitted by law, shall become the property of MCOE.
15.0 Modification of Agreement
15.1 Notwithstanding any of the provisions of this Agreement, the parties may agree to amend the Agreement. No alteration of the terms of this Agreement shall be valid
06.30.2019WAV 7
79 unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
16.0 Indemnification of Liability
16.1 Each party shall maintain general liability insurance in an amount not less than one million seven hundred fifty thousand dollars ($1,750,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Each party's general liability policies shall be endorsed using Insurance Services Office form CG 20 10 or its equivalent to provide that the other party and its officers, officials, employees, and agents shall be additional insureds under such policies.
16.2 MCOE shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses oflitigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned SRO's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned SRO.
16.3 If the MCOE rejects a tender of defense by the City and/or the assigned SRO under this Agreement, and it is later determined that the City and/or the SRO breached no duty of care and/or was immune from liability, MCOE shall reimburse the City and/or SRO for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or SRO settles a liability claim, with or without participation by the MCOE.
16.4 The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or the assigned SRO that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the City or the assigned SRO and the absence of the assigned SRO and/or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
17.0 Integration of Prior Terms and Conditions
17 .1 This Agreement, including all recitals, and Exhibits, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized
06.30.2019WAV 8
80 agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
18.0 Applicable Law; Venue
18.1 Any dispute concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.
19.0 Confidentiality
19.1 This Agreement shall comply with all applicable Federal, State, and County laws relating to the confidentiality of information. MCOE and City shall not publish, use or pennit or cause to be published, disclosed, or use confidential information pertaining to minor, without express written permission from the minor's parent or legal guardian, except as pennitted by law.
20.0 Nondiscrimination in Employment, Services, Benefits and Facilities
20.1 MCOE and City shall comply with all applicable Federal, State and local antidiscrimination laws, regulations, and ordinances. Neither party shall unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of the other, or recipient of services contemplated to be provided or actually provided under this Agreement because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex sexual orientation, age ( over 40), medical condition (including HIV and AIDS), or physical or mental disability. Both parties shall ensure that evaluation and treatment of their employees and applicants for employment, and recipients of services, are free from such discrimination and harassment.
Both parties represent that they are in compliance with and agree to continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.), the Fair Employment and Housing Act (Government Code §12900 et seq.), and regulations and guidelines issued pursuant thereto.
22.0 Agency Relationship
22.1 This Agreement is not intended to and shall not; create the relationship of principalagent, master-servant, or employer-employee between the City and MCOE.
23.0 Severability
23 .1 If a court of competent jurisdiction holds any provisions of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them will not be affected.
06.30.2019WAV 9
81 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.
MERCED COUNTY OFFICE OF EDUCATION
By: -------------- - Steve M. Tietjen, Superintendent of Schools
CITY OF LOS BANOS
a municipal corporation
By:
Josh Pinheiro, City Manager
ATTEST:
By: --------------- - Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
By: ----------- ----- William A. Vaughn, City Attorney
06.30.2019W AV
Date
Date
Date
Date
82 LOsBanos
At tl1e Cros~r ,ads of Cal~for 1ia
Agenda Staff Report
TO: Mayor & City Council Members ~
Soknirorn Than, P.E., Public Works Director/City Engineer ~ JL May 18, 2022
FROM:
DATE:
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing approval of the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2022-2023
Recommendation:
That the City Council adopts the Resolution approving the Road Maintenance and Rehabilitation Account (RMRA) Proposed Project List for Fiscal Year 2022-2023.
Background:
The State of California passed Senate Bill 1 (SB1) to address basic road maintenance, rehabilitation, and critical safety needs at the state and local level. SB 1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. To be eligible for RMRA funding cities and counties are required to annually provide basic project reporting to the California Transportation Commission (CTC) for projects anticipated for and funded through the RMRA. The approved maintenance and repair list for 2022-2023 Fiscal Year is currently being scheduled and the project list is attached. The work on the project list completed before June 30, 2023 will be reportable to the CTC by October 2023. A detailed project cost sheet will be prepared by staff for the expenditure reporting purposes to the CTC.
Discussion:
Public Works staff has identified local street maintenance and repair work scheduled for the 2022-2023 Fiscal Year. A project list has been generated for maintenance and repairs that qualify for SB 1 funding allocations. The project list has been generated utilizing our existing pavement management software and our asset management software (Cartegraph). The project list has projected costs associated to the maintenance and/or repair activity.
83 Fiscal Impact:
S81 funding supplements road maintenance and rehabilitation work throughout the City. Local allocations provide rehabilitation treatments needed on the City streets and roads. Treatment and rehabilitation costs are being included in the 2022-2023 FY budget.
Review
Attachments:
Resolution
2022-2023 Street Maintenance and Rehabilitation Project List 84 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS APPROVING THE
ROAD MAINTENANCE AND REHABILITATION
ACCOUNT PROPOSED PROJECT LIST FOR
FISCAL YEAR 2022-2023
WHEREAS, the State of California passed Senate Bill 1 (SB1) to address basic road maintenance, rehabilitation, and critical safety needs throughout the State; and WHEREAS; the Road Maintenance and Rehabilitation Account (RMRA) accountability guidelines includes the development of a project list which identifies the proposed maintenance and repair activities and establishes a cost projection; and WHEREAS, the SB1 funding will help the City of Los Banos maintain and rehabilitate streets throughout the City this year and similar projects in the future; and WHEREAS, the City of Los Banos uses its pavement management software to develop annual road maintenance and rehabilitation work, the RMRA work project list was developed similarly using the pavement management data; and WHEREAS, the City of Los Banos Public Works Staff has prepared the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2022- 2023, as listed in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby adopt the Resolution approving the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2022-2023 as shown in Exhibit A.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 City of Los Banos Road Maintenance and Rehabilitation Plan FY 2022-2023 Proposed Est. Area Total
Asset FROM TO Cost LF Estimated Useful Life Treatment (LF) Cost 10004 BIRCH AV MOHAGONY PERSIMMON Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10015 LEXINGTON CT REGENCY NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10016 LEXINGTON ST REGENCY ROCKPORT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10032 S. ROCKCREEK DR SNOW GOOSE S.CREEKSIDE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10033-34 S. FALLBROOK DR SAN LUIS SNOWGOOSE Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10038 MENDOCINO CT WOODBRIDGE NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10039 SANTA ANA CT CHENINBLANC NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10081-82 QUAIL ST SKYLARK MEADOWLARK Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10084-90 MEADOWLARK AV QUAIL CHAMBERLAIN Crack Seal 12000 $ 0.51 $ 6,120.00 3-5 years 10091-92 CARDINAL ST SKYLARK FAIRMONT Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10093-95 SKYLARK AV CARDINAL DOVE Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10098 SKYLARK AV CHUKAR QUAIL Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10099 CHUKAR ST SKYLARK MEADOWLARK Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10101-03 DOVE ST 165 FAIRMONT Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10104 EAGLE ST SKYLARK MEADOWLARK Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10105 ROBIN ST SKYLARK MEADOWLARK Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10107 ST FRANCIS DR 165 SAN CARLO Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10109-11 ST FRANCIS DR LOS FEUS DELRIO Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10113 SAN SIMEONE WY LA MESA EL PINAL Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10118-22 SAN RAMON LN DELRIO PLACE Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10123-26 DEL RIO DR PARK QUAIL Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10127 LA MESA LN SAN RAMON SAN SIMEONE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10128 EL MONTE CT SAN RAMON SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10129 EL PINAL LN SAN RAMON SAN SIMEONE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5years 10130 LA CRESTA CT SAN RAMON SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10131 SAN CARLO LN ST FRANCIS EL CAMINO Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10132-34 EL CAMINO WY SAN CARLO SAN MEGUEL Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10135-36 SAN MIGUEL AV EL CAMINO EL CAJON Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10137 EL CAJON LN EL CAJON SAN MEGUEL Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 87 10138 BURL DR CARDOZA NEAL Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10139 EL CAJON CT LOS FELIS WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10140 EL CAJON CT EL CAJON SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10141-42 LOS FELIS WY PARK ST. FRANCIS Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10143 MESA CT ST FRANCIS NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10144 CASA CT EL CAMINO NORTH END- Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10145 MADERA CT EL CAMINO NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10176-80 ZINFANDEL ST DRIFTWOOD SHERRY Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10181 BEAUJOLAIS CT ZINFANDEL WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10182 CHIANTI CT ZINFANDEL WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10183 SPUMONTE CT ZINFANDEL WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10184 CHABLIS CT DRIFTWOOD NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10185 MERLOT CT DRIFTWOOD NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10204-05 SANTA MONICA ST LAURELWOOD SANTA LEA Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10206-14 SANTA ANA ST NORTH END EASTB Crack Seal 18000 $ 0.51 $ 9,180.00 3-5 years 10239-41 SANTA LEA ST N SANTA VENETIA RANCHWOOD Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10264-68 CABERNET ST VINEYARD OVERLAND Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10269 BLUSH ST CABERNET PORT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10270 BLUSH CT PORT WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10271 PORT ST RIESLING BLUSH Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10272 CHARDONNAY ST PORT MUSCAT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10273 MUSCAT ST RIESLING CHARDONNAY Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10274-75 RIESLING ST PORT MUSCAT Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10276 PORT ST BLUSH CHARDONNAY Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10277 GAVI ST RIESLING SANTA BARBARA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10278 NANTES AV SANTA BARBARA OVERLAND Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10280 NANTES AV BIRCHWOOD SANTA BARBARA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10293 CANVASBACK WY CANVASBACK SAN LUIS Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10294-95 HARLEQUIN DR CANVASBACK GOLDENEYE Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10296 HARLEQUIN CT GOLDEN EYE SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10333 RACQUET CLUB DR SAN LUIS FOXMEADOW Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10335 RACQUET CLUB DR FOXMEADOW EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10336-39 FOXMEADOW WY RAQUETCLUB GREENBRIAR Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10340-41 GREENBRIAR WY ST JAMES EAST END Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10342-44 WISTERIA AV EASTB WILLMOTT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 88 10348-49 ST JAMES DR EASTB FOXMEADOW Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10351 BANBURY CT FOXMEADOW NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10352 FOXMEADOW CT FOXMEADOW EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10356-59 CANAL FARM LN WARD MANCHESTER Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10360 MANCHESTER DR CANAL FARM SAN LUIS Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10362 HUNTINGTON DR PARK WARREN PISMO Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10364-66 PISMO WY HUNTINGTON CANAL FARM Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10367 LAGUNA WY PARK WARREN PISMO Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10369 IMPERIAL DR PARK WARREN PISMO Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10371-80 PARK WARREN DR CANAL FARM GREENBRIAR Crack Seal 16000 $ 0.51 $ 8,160.00 3-5 years 10381-82 GREENBRIAR DR PARK CREST WEST END Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10384~85 GREENBRIAR DR PARK CREST WARD Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10399-08 SCRIPPS DR 165 PLACE Crack Seal 20000 $ 0.51 $ 10,200.00 3-5 years 10409 COLLEGE GRNS DR DAVIS PLACE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10411-12 COLLEGE GRNS DR SCRIPPS HASTINGS Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10413 CABRILLO CT SCRIPPS NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10414 COLUMBIA DR SCRIPPS NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10415 LANE CT SCRIPPS NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10416 HARTNELL CT SCRIPPS NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10417 STANFORD CT BERKLEY SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10418 STANFORD CT BERKLEY NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10419 PRINCETON CT BERKLEY NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10420 COGSWELL Cl DAVIS DAVIS Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10421 DAVIS CT SCRIPPS WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10422-23 BOALT DR SCRIPPS DEANZA Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10424-25 CLAREMONT DR DEANZA PllZER Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10426-28 PllZER WY CLAREMONT MILLS Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10429-31 MILLS DR PllZER DEANZA Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10432-34 DE ANZA WY CLAREMONT WEST END Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10435 CHAPMAN CT CHAPMAN WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10437 CHAPMAN DR SCRIPPS CHAPMAN CT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10438 BROOKS CT CHAPMAN WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10439 BROOKS DR BOALT CHAPMAN Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10440 LAVERNE CT PITZER SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10441 HUMBOLDT CT PllZER SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 89 10442 RADCLIFFE AV MILLS WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10443 ST PATRICKS DR MILLS CLAREMONT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10445 ST PATRICKS DR CLAREMONT PLACE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10446 CHABOT CT SCRIPPS WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10447-49 DAVIS DR SCRIPPS COLLEGE GREENS Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10450-52 HASTINGS DR COLLEGE GREENS SANOMA Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10453 LOMA LINDA Cl SANOMA SANOMA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10455-57 SONOMA AV PLACE WEST END Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10458 WHITTIER WY HASTINGS PEPPERDINE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10459 VASSAR CT IRVINE WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10460 BAYLOR WY IRVINE PLACE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10461 CLEMSON CT IRVINE WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10462-63 PEPPERDINE DR RIVERSIDE STANISLAUS Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10464 RIVERSIDE WY PEPPERDINE IRVINE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10465-68 IRVINE DR RIVERSIDE STANISLAUS Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10469-70 STANISLAUS DR IRVINE HASTINGS Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10471 POMONA DR BERKLEY COLLEGE GREENS Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10472-73 BERKELEY DR PAMONA STANFORD Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10507 SANTA PAULA ST OVERLAND SANTAMARIA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10508 SANTA INEZ ST OVERLAND SANTAMARIA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10509-12 SANTA MARIA RD N SANTA CLARA EAST END Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10513-15 GEE GEE AV SANTAMARIA MONTGOMERY Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10516 MONTGOMERY AV GEE GEE SANTA CLARA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10517-20 SANTA CLARA ST MONTGOMERY WILLMOTT Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10522 VINCENT CT WILLMOTT SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10523 COLLEEN CT GEE GEE EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10524 JUNE CT SANTA CLARA WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10526 RHODA AV STONEWOOD SANTA CLARA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10527 LUIGI AV STONEWOOD LOUIE Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10528 AMELIA CT LOUIE WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10529 FLORENCE CT LOUIE WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10530 JIMMY CT TUSKY SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10531 ROSALIE CT TUSKY SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10532-34 FRIGUGLIETTI AV STONEWOOD ROSE Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10535 FRIGGS AV FRIGUGLIETTI WILLMOTT Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 90 10536 FRIGGS CT WILLMOTT SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10537 PECAN CT WILLMOTT SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10538 TOSCANO CT WILLMOTT SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10539-40 SANTA ROSA ST SANTACRUZ EASTB Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10542-43 SANTA RITA ST SANTACRUZ EASTB Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10544-45 SANTA CRUZ WY SANTA RITA 165 Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10552-54 CANAL FARM LN 165 MILLER Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10556 JEFFREY RD CANAL FARM SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10557 JEFFREY RD SAN LUIS CANAL FARM Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10559 NICKEL ST SAN LUIS CANAL FARM Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10561 NICKEL ST CANAL FARM 152 Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10562 CANAL FARM LN NICKEL EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10563 CANAL FARM LN NICKEL WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10566-69 PARK SHARON DR GREENBRIAR PARK VIEW Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10570 PARK CREST DR PARK WARREN GREENBRIAR Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10572 PARK WARREN CT PARK WARREN EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10573 PARK PAXTON CT PARK WARREN EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10574-75 RACQUET CLUB DR WEST END PARK SHARON Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10577 PARK PLACE CT PARK SHARON WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10578 PARK PLACE DR PARK SHARON WARD Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10582 EAST B ST PLACE LAS PALMAS Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10583 N. MOUNTAIN SIDE DR CRYSTAL SPRINGS SILVER MEADOWS Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10584-86 EAST B ST LAS PALMAS 165 Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10587-90 LOUIE AV TUSKY FRIGUGLIETTI Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10591-93 TUSKY AV ROSE LOUIE Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10594 ROSE AV TUSKY MANDERIN Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10595-00 MANDARIN AV ROSE 2ND Crack Seal 12000 $ 0.51 $ 6,120.00 3-5 years 10602-06 CITRUS AV SUNBURST NORTH Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10607-09 LIME AV NORTH 1ST Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10612 CHESTNUT ST CITRUS TANGELO Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10613 TANGELO AV CHESTNUT 1ST Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10618-20 ORANGE AV 1ST NORTH Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10621 CLAYTON CT WILLMOTT SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10623-27 THIRD ST WILLMOTT OVERLAND Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10635 DST NORTH 3RD Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 91 10648 JOHNSON RD WILLMOTT OVERLAND Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10651 ARIZONA AV HST WESTI Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10653 NEVADA AV HST WESTI Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10660 G ST 4TH 5TH Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10661-62 FIFTH ST GST EST Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10663-64 E ST 5TH 7TH Crack Seal 4000 $ 0.51 $
2,040.00 3-5 years
10670-74 DST 165 7TH Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10688 SAN JUAN AV GST FST Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years
10689-93 SANTA RITA ST GST ROMERO Crack Seal 10000 $ 0.51 $ 5,100.00 3-5 years 10700-05 F ST 1ST 7TH Crack Seal 12000 $ 0.51 $ 6,120
.00 3-5 years
10706 FRANK ST WILLMOTT 1 ST Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10707 BRODDRICK CT N SANTAANA WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10714 SIXTH ST EST FST Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10727-28 J ST 3RD 5TH Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10729-40 WEST J ST 3RD COLORADO Crack Seal 24000 $ 0.51 $ 12,240.00 3-5 years 10741-43 COLORADO AV WEST J HST Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10753-56 MARYLAND AV J ST 152 Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10757-60 IOWA AV J ST 152 Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10763-72 WEST K ST WESTI 3RD Crack Seal 20000 $ 0.51 $ 10,200.00 3-5 years 10773-76 K ST 3RD 7TH Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10853 HAWTHORNE DR ALBERTA BIRCH Crack Seal 2000 $
0.51 $ 1,020.00 3-5 years
10855 HAWTHORNE DR WESTI ALBERTA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10856-59 ASH AV WESTI WEST END Crack Seal 8000 $ 0.51 $ 4,080.00 3-5 years 10860-61 BAY ST ASH DAFFODIL Crack Seal 4000 $ 0.51 $ 2,040.00 3-5 years 10862 CYPRESS PL ASH BIRCH Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10863 DATE DR ASH WESTI Crack Seal 2000 $
0.51 $ 1,020.00 3-5 years
10864 GREENWOOD WY ALBERTA BIRCH Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years
10874-80 BIRCH AV EUCALYPTUS BAY Crack Seal 14000 $ 0.51 $ 7,140 .00 3-5 years
10883 BAY ST DAFFODIL SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10884 DAFFODIL ST BAY GARDEN Crack Seal 2000 $ 0.51 $ 1,020 .00 3-5 years
10885-87 GARDEN ST DAFFODIL IRIS Crack Seal 6000 $ 0.51 $ 3,060.00 3-5 years 10888 GARDEN CT IRIS WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10889 IRIS CT GARDEN CT NORTH END Crack Seal 2000 $
0.51 $ 1,020.00 3-5 years
10890 IRIS LN GARDEN CARDOZA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10891 TULIP CT GARDEN NORTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 92 10892 ASTER CT GARDEN SOUTH END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10893 ALYSSUM WY GARDEN CARDOZA Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10894 NEAL CT WESTI EAST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years 10895 KEIKO CT WESTI WEST END Crack Seal 2000 $ 0.51 $ 1,020.00 3-5 years Total 808,000.00 $ 412,080.00
93 CITY OF LOS BANOS ROAD MAINTENANCE AND REHABILITATION PLAN 2021-2022 Measure V/SBl Location Area Cost Treatment Cost (total) Useful Life (SQ FT} (SQ FT) East B Street from Place to Ward Full Depth HMA Replacement 113,490 6.00 $ 680,940 up to 25 yrs Overland Avenue from North to Nantes Full Depth HMA Replacement 74,528 6.00 $ 447,168 up to 25 yrs Badger Flat Road from Pacheco to City Limit (north} Full Depth HMA Replacement 56,376 6.00 $ 338,256 up to 25 yrs Cardoza Road from Hemlock to Ortigalita Full Depth HMA Replacement 79,982 6.00 $ 479,892 up to 25 yrs ADA Ramps 49 Various Locations Full Depth HMA Replacement $ 360,000 up to 30 yrs Total Area 324,376 Total $ 2,306,256
94 CITY OF LOS BANOS ROAD MAINTENANCE AND REHABILITATION PLAN 2022-2023 SB1 Estimated
Estimated Completion Area Cost Useful
Location Treatment Start Date Date (SQ FT) (SQ FT) Cost (total) Life San Luis Street from Curlew to Snowgoose Overlay 7/5/20222 6/30/2023 45,480 $ 1.00 $ 45,480 8-10 yrs G Street from Mercey Springs to Santa Rita Overlay 7/5/20222 6/30/2023 22,952 $ 1.00 $ 22,952 8-10 yrs Eleventh Street from Monte Vista St to Pioneer Rd Overlay 7/5/20222 6/30/2023 44,289 $ 1.00 $ 44,289 8-10 yrs San Luis Street from Mercey Springs to Racquet Club Overlay 7/5/20222 6/30/2023 35,160 $ 1.00 $ 35,160 8-10 yrs Total Area (SF)I 147,881 I Total Cost! $ 147,881 I
95 THIS PAGE IS INTENTIONALLY LEFT BLANK
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Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirom Than, P.E., Public Works Director/City Engineer DATE: May 18, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Amendment No. 9 to Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc.
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute Amendment No. 9 to the Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc. for the addition of the following landscape areas: planters on Ortigalita Rd. south of Gabbro Way; planters on Barley Ln. off of Cardoza Rd.; Fire Station No. 1 Training Tower area; sound walls along the north-side of Overland Ave. and north of Overland Ave. along Ward Rd.; planters on the outside sound wall of the Sunrise Ranch subdivision on Ward. Rd. north of Overland Ave. Services will begin July 1, 2022.
Background:
The City entered into a Landscape Maintenance Services contract with Ronnys Inc. on October 2, 2014 to provide landscape and maintenance services. During the term of the Landscape Maintenance Services contract, the City may accept new parks, streetscapes and planters that are not covered in the original Fee Schedule.
Compensation for additional locations will be based on pro rata amount of square footage. The contract for landscape maintenance services expires on September 30, 2022.
With the acceptance of new developments and construction, new landscape areas must be added to the landscape Maintenance Services contract to be included for regular service.
Discussion:
Amendment No. 9 to the Landscape Maintenance Services contract will add five new landscape areas for bi-weekly landscape and irrigation maintenance services. 99 Location: Expense per month: Funding Source:
Planters on Ortigalita Rd. $200.00 Lighting and Landscape south of Gabbro Way District #17
Planters on Barley Ln. off of $300.00 Lighting and Landscape Cardoza Rd. District #17
Fire Station No. 1 (Training $200.00 General Fund
Tower area)
Sound wall planters along the $799.72 Lighting and Landscape north-side of Overland Ave. District #11
and north of Overland Ave
alonq Ward Rd.
Planters on the outside $908.01 Lighting and Landscape
sound wall of the Sunrise District #9
Ranch subdivision
Fiscal Impact:
The additional landscape will impact the following funding sources in Fiscal Year 2022- 2023: LLD District #17, LLD District #11, LLD District #9 and the General Fund. The impact for the Fiscal Year 2022-2023 is shown below. The Landscape Maintenance Services contract expires on September 30, 2022. Based on the next contract process, estimates based on square footages may require adjustment.
Funding Source:
LLD District #17
General Fund
LLD District #11 II
LLD District #9 //
"
Revieweo )V: f
Josh Pin/ ·• o, ity Manager
Attachments:
Resolution
Amendment No. 9 to the Contract
Estimate No. 15163
Estimate No. 15561
Estimate No. 15558
Estimate No. 15560
Estimate No. 15557
Estimated Fiscal Year 2022-2023 Impact:
$6,000.00
$2,400.00
$9,596.64
$10,896.12
k },b Q O --..__ i:Y Sonya Williams, Finance Director
100
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 9 T 0
THE LANDSCAPE MAINTENANCE SERVICES
CONTRACT BETWEEN THE CITY OF LOS
BANOS AND RONNYS INC.,
WHEREAS, the City of Los Banos entered into a Landscape Maintenance Services contract (Contract) with Ronnys Inc. on October 2, 2014 to provide landscape and maintenance; and
WHEREAS, commencing on July 1, 2022 the newly-accepted landscape planters on Ortigalita Rd. south of Gabbro Way will need to be added to the services provided under the Contract; and
WHEREAS, commencing on July 1, 2022 the newly-accepted landscape planters on Barley Ln. off of Cardoza Rd. will need to be added to the services provided under the Contract; and
WHEREAS, commencing on ·July 1, 2022 the newly-accepted landscape area around the Fire Station No. 1 Training Tower will need to be added to the services provided under the Contract; and
WHEREAS, commencing on July 1, 2022 the newly-accepted landscape planters on the north-side of Overland Ave. near Ward Rd. and the planters on Ward Rd. north of Overland Ave will need to be added to the services provided under the Contract; and WHEREAS, commencing on July 1, 2022 the newly-accepted landscape planters on the outside sound wall of the Sunrise Ranch subdivision will need to be added to the services provided under the Contract; and
WHEREAS, the City Attorney has prepared Amendment No. 9 to the Contract for the additional services; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that the City Manager is authorized execute Amendment No. 9 to the Landscape Maintenance Services contract between the City of Los Banos and Ronnys Inc.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May, 2022, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
101
AYES:
NOES:
ABSENT: APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
102
AMENDMENT NO. 9
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYS INC.]
THIS AMENDMENT NO. 9 TO LANDSCAPE MAINTENANCE CONTRACT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNYS INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Contract, dated October 2, 2014 (hereinafter referred to as ''the Contract") wherein Contractor agreed to perform specified city wide landscaping and maintenance services in accordance with the terms of said Contract; and
WHEREAS, Section 1.03 of the Contract contemplates the City accepting during the term of the Contract and any extensions, new parks, streetscapes and planters, which are not covered in the Contract. Additional locations at the request of the City will be added as an addendum to the Contract with compensation based on a pro rata amount of square footage and identified as New Locations, as outlined on the Fee Schedule Summary; and
WHEREAS, the parties now wish to amend the Contract to add four additional locations for landscape and irrigation maintenance.
NOW THEREFORE, the parties agree as follows:
1 . SCOPE OF WORK.
Section 1.03 of the Contract is amended to add bi weekly landscape and irrigation services to the Scope of work:
• Commencing July 1, 2022; bi weekly landscape and irrigation services in L&L District #17 (planters on Ortigalita Road, south of Gabbro Way) as set forth in the Estimate #15557 attached hereto and incorporated herein by this reference. • Commencing July 1, 2022; bi weekly landscape and irrigation services (Fire station #1 training tower area) as set forth in the Estimate #15558 attached hereto and incorporated herein by this reference.
• Commencing July 1, 2022; bi weekly landscape and irrigation services in L&L District #11 (sound wall planters along the north side of Overland Avenue, and on Ward Road north of Overland Avenue} as set forth in the Estimate #15560 attached hereto and incorporated herein by this reference. 1 103
• Commencing July 1, 2022; bi weekly landscape and irrigation services in L&L District #9 (planters on the outside sound wall of the Sunrise Ranch subdivision) as set forth in the Estimate #15561 attached hereto and incorporated herein by this reference.
• Commencing July 1, 2022; bi weekly landscape and irrigation services in L&L District #17 (planters on Barley Lane off of Cardoza Road) as set forth in the Estimate #15163 attached hereto and incorporated herein by this reference.
2. COMPENSATION.
Section 1.05 of the Contract is amended to add $2,407.73 ($200.00 #15557; $200.00 #15558; $799.72 #15560; $908.01 #15561; $300.00 #15163) per month to the total contract price commencing July 1 , 2022.
3. INTEGRATION/EFFECTIVE DATE.
Except as expressly amended, all other terms and conditions of the Contract and all prior amendments shall remain in full force and effect. This Amendment No. 9 shall be effective upon execution of the parties to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be executed and attested by their respective officers hereunto duly authorized. [Signatures begin on next page]
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2 104
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
3 RONNYS INC. a California corporation
by:RONNYNAVARRO,CEO
CITY OF LOS BANOS, a California
municipal corporation
by: JOSH PINHEIRO,
City Manager
105
EXHIBIT A
[Estimates#15557, #15558, #15560, #15561, #15163]
4 106
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS,CA93635
BARLEY LN AND CARDOZA ROAD
Bl WEEK LANDSCAPE MAINTENANCE
Bl WEEK IRRIGATION MAINTENANCE
_11. -a MBR;.. ~~~~
,
1C .
VOICE OF TREE CARE
DISTRICT 17 PLANTERS 1--------1 BARLEY LN AND CARDOZA ROAD Estimate
15163
5/20/21
Proiect Address / Memos
250.00
50,00
Ronnys Inc is: Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City.We observe Th:mksP-ivinP-.chritsmas & new vear's clav.
Total $300.00 1
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635
Signature Pura Vidn/ [email protected] "Service Quality ls Our Growing Responsibility"
107
ONNY.
~\tMB~
-· ........ - - , 1,.,, • '
1 _ _ Bill To _ ~-- _
CITY OF LOS BANOS lCTA.
411 MADISON AVE.
LOS BANOS,CA93635
Bl WEEKLY LANDSCAPE MAINTENANCE
Bl WEEKLY IRRIGATION MAINTEl'WIICE
VOICE OF TREE CARE
DISTRICT 9 PLANTERS
1--------1 SUNRISE DIVISION
IDE
Ronnys Inc is: Certified Arborist, Contractor # 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City.We observe ThRnks11ivin11.chritsm::1s & new ve::tr's ,fav_
Estimate
15561
4/26/22
Proiect Address / Memos
Total
758.01
150.00
s9os.01 1
Payment is due within net days allotted after invoice is received or upon job completion_ If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts_ If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc_ reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635
Signature P1m1 Vida! ronny®ronnysinc.com "Service Quality ls Our Growing Responsibility"
108
• ..
18c~P!~-~~•_I:_ . - .......... ~ -- - -
. Bill To
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS,CA93635
Bl WEEl<I..Y LANDSCAPE .MAINTENANCE
Bl WEEKl. Y IRRIGATIOO MAINTENANCE
EMB
TC . VOICE OF TREE CARE
NON ASSESMENT PLANTERS
-------1 FIRE STATION 1
Ronnys Inc is: Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe ThimksPivim>.chritsmas & new vear's cl11v.
Estimate
15558
4/26/22
E!roied:.Addr.ess./ Memos
Total
150.00
50.00 S200.00 j
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California Jaw. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635
Signature Pura Vida! [email protected] "Service Quality Is Our Growing Responsibility"
109
Estimate
MB 15560
-. . ... 1 81llTo''. =-~
_ 1C~.
4/26/22
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS,CA93635
VOICE OF TREE CARE Proiect Address / Memos
ASSESMENT DISTRICT 11 PLANTERS 1-------1 NEW SOUND WALL PLANTERS Bl WEEl<LY LANDSCAPE MAlt-ITTNANCE
Bl WEEKLY IRRIGATION MAINTENANCE
W ANDO
Ronnys Inc is: Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanks1>ivin1>.chrit~mas & new vear's <lav.
Total
649.n
150.00
$799.72 1
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys htc. late charges at the rate of eighteen percent per annwn on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximwn rate then permitted by California law. Customer also agrees to pay Ronnys htc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys htc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635
Signature Pura Vide! [email protected] "Service Quality Is Our Growing Responsibility"
110
raaaplnc.cam .. ,":-\• ..... , ~, , -
' _ Bill To
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS,CA93635
Bl WEEK LANDSCAPE MAINTENANCE
IRRIGATION MAINTENANCE
~~!!3~
.::
1C .
VOICE OF TRU CARE
DISTRICT 17 PLANTERS
Ronnys Inc is: Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe ThanksP-ivinP-.chritsmas & new vear's clav_
Estimate
15557
4/26/22
Proiect Address / Memos -:
Total
150.00
50.00 s200.oo
1 Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. lffor any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 9363 5
Signature Pura Vida! [email protected] "Service Quality Is Our Growing Responsibility"
111
THIS PAGE IS INTENTIONALLY LEFT BLANK
112
LOsBanos
At the Cro!-.sn .-l .)j c · _ 11ia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: May 18, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Landscape Improvements to the medians along Vineyard Dr. in Lighting and Landscape District #1
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute a contract with Ronnys Inc. for landscape services along the Vineyard Dr. medians. The two medians on Stonewood Dr. on the north and south sides of Vineyard Dr. are also included in the landscape.
Background:
The landscape medians along Vineyard Dr. have deteriorated. Vineyard Dr. is a heavily used road in the Ranchwood neighborhood. Improvements to the medians include plant and tree replacement. Improvements are scheduled for the medians only.
The improvements include: 440 1-gallon plants, 65 15-gallon trees and the installation over 900 yards of mulch.
Discussion:
City of Los Banos Public Works staff solicited quotes from landscape companies for the requested landscape improvements. Pursuant to the Los Banos Municipal Code and the Uniform Construction Cost Accounting Procedures. Public projects less than $60,000.00 may be performed by negotiated contract. Public works staff solicited quotations by phone and through the internet. The companies solicited were as follows: Ronnys Inc., Joe's Landscaping & Concrete, Inc., Creekside Landscape LLC, and P.S.G. Fencing and Lumber.
Ronny's Inc. provided the lowest quote at $51,975.00. Joe's Landscaping & Concrete, Inc. provided an estimate of $53,750.00. Creekside Landscape LLC and P.S.G Fencing and Lumber declined to provide estimates.
113
Fiscal Impact:
Expenses related to landscape improvements to the Vineyard Dr. medians are provided by Landscape and ~ hti District #1, in line item 271-458-200-717.
Josh Pin eiro, ,City Manager
/
Attachments:
Service Contract
Resolution
114
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN CITY OF LOS
BANOS AND RONNYS INC., FOR VINEYARD
MEDIAN RENOVATION PROJECT
WHEREAS, the City of Los Banos Public Works Department solicited for proposals to perform Landscape Improvements Services along the median of Vineyard Drive, from Nantes Avenue to Marcey Springs Road, including the two medians on Stonewood Drive immediately adjacent to Vineyard Drive; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Ronnys Inc. provided the lowest responsive and responsible proposal in the amount of $51,975.00; and
WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the contract with Ronnys Inc. for Landscape Improvements Services along the median of Vineyard Drive, from Nantes Avenue to Marcey Springs Road, including the two medians on Stonewood Drive immediately adjacent to Vineyard Drive.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Ronnys Inc. for Landscape Improvements Services along the median of Vineyard Drive, from Nantes Avenue to Marcey Springs Road, including the two medians on Stonewood Drive immediately adjacent to Vineyard Drive.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
115
THIS PAGE IS INTENTIONALLY LEFT BLANK
116
CONTRACT BETWEEN THE'CITY OF LOS BANOS AND RONNYS
INC., FOR VINEYARD DRIVE MEDIAN RENOVATION PROJECT
THIS CONTRACT is made and entered into this day of ___ , 2022, between CITY OF LOS BANOS, a California municipal corporation ("City") and RONNYS INC., a California corporation ("Contractor");
RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out renovation of the medians along Vineyard Drive from Nantes to Mercey Springs and Chenin Blanc to Woodbridge; C. WHEREAS, Contractor submitted a responsible proposal in response to an informal Request for Proposal prepared by the City Parks and Recreation Division; D. WHEREAS, Section 3-16.030 of the Los Banos Municipal Code allows for a public project of less than $60,000 to be performed by negotiated contract; E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
F. WHEREAS, City and Contractor desire to set forth their rights, duties and obligations in connection with the services to be performed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK AND COMPENSATION
1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary in order to provide the median renovation as described in the Project Overview and Estimate #15518 dated March 18, 2022, set forth in Exhibit A attached hereto and incorporated herein by this reference. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.
1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $51,975.00 in accordance with the proposal set forth in in Estimate #15518 dated March 18, 2022, Exhibit A attached hereto and incorporated 117
herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing.
1.03. Billing. Compensation shall be paid to Contractor upon receipt and approval by City of an invoice setting forth in detail the services performed. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff.
1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of thirty (30) calendar days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.
2. GENERAL WORK REQUIREMENTS
2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.
2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.
2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic along the project area.
2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
2.06. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract 2 118
price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
3. CONTRACTOR'S RESPONSIBILITIES
3.01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.
3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.
3.03. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
3 119
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or 4 120
volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.
3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, 5 121
physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance 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.''
3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
Contractor warrants and guarantees for one ( 1) year from and after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as provided for in the Contract Documents. During the term of this warranty, Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City.
Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.
3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner.
3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, 6 122
spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.
3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes. 3 .11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers.
3.12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3.13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.
4. GENERAL PROVISIONS
4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Eight Hundred Dollars per day ($800/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the 7 123
City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days from the beginning of any such delay notify the Project Engineer, in writing, of the causes of delay. The Project Engineer shall ascertain the facts and the extent of delay, and the Project Engineer's findings thereon shall be final and conclusive.
4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.
4.3 Utility Facilities. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Conditions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities and performing potholing when necessary.
The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.
Contractor will not be entitled to damages or payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.
4.4. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.
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4.5. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.6. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4. 7. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.8. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
To Contractor:
City of Los Banos
411 Madison A venue
Los Banos, California 93635
Attn: Nirom Than
Ronnys Inc.
1251 Badger Flat Road
Los Banos, CA 93635
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
4.9. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.
4.10. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.
4.11. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
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4.12. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
4.13. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
4.14. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Contract shall continue to be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
[Signature block begins on next page]
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Date: ______ ., 2022
Date: _____ _, 2022
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
11 RONNYS INC., a California coiporation
by: Ronny Navarro, CEO
CITY OF LOS BANOS, a California
municipal coiporation
by: Josh Pinheiro, City Manager
127
EXIIlBIT A
PROJECT OVERVIEW
AND
ESTIMATE #15518
12 128
• • j "
Bill To
CITY Of LOS BANOS
411 MADISON AVE.
LOS BANOS,CA93635
~I.MB~
lCYA
VOI CE OF TREE CARE
.
MEDIAN PLANTER FR~ NANTES TO MERCEY SPRINGS AND CHENIN BLANC TO WOODBRIDGE, NOT INCLll>ING RIGHT OF
AWAY STRIPS OR PLANTERS ALONG FENCES/WAUS
NEW VEGETATION Will BE LOCATED WITHN EXISTING fMiiTERS.
EXISTING EMITTERS WITH NO Pl.ANTS ARE BEING CAPPED OFF; EACH Pl.ANT OR TREE Will REQ.JIRE AN ENlTTER Allf> IS TO BE CHARGED HOURLY AND MAlcRIAL ACCORDINGLY. TI-ERE Will BE NO NEED TO RETROFIT OR ADDITIONAL WORK ON TliE IRRIGATION SYSTEM TO ACCONNOOATE THE t-EW VEGETATION ' . '. .
SlJ>PLY OF (440) 1 GAi.. Pl.ANTS
INSTAI.L\TIC>N OF (440) 1GAL Pi.ANTs
SUPPLY OF (65) 15 GAL TREES
INsTALiA.TION OF (65) 15 GAL 1REES
SUPPLY OF APPROXIMATELY (900) YARDS OF ARBORM.l.CH AT 3" THICK INSTALLATION OF APPROXIMATELY (900) YAADS OF ARBOR MULCH AT 3" TlilCK Tt£ SUPPLIED ARBOR MULCH IS NOT PAlHOGEN FREE, SEED FREE OR A FIRE RETARDANT MATERIAL.
Ronnys Inc is: Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City.We observe Thanksuivinu.chritsmas & new vear's dav.
Estimate
15518
3/18/22
Proiect Address / Memos
Total
0.00 5,420.00
5,280.00
5,475.00
11,050.00
6,750.00
18,000.00
ss1. 975.oo
1 Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635
Signature Pura Vidal ronny©ronnysinc.com "Service Quality Is Our Growing Responsibility"
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LOsBanos . 1 the CrossrJads <ij California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: May 18, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Landscape Improvements along Badger Flat Rd. Right of Ways in Lighting and Landscape District #17
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute a contract with Ronnys Inc. for landscape services along the right-of-way along both sides of Badger Flat Rd. in District 17 from Prairie Springs Rd. to Travertine Way. The landscape improvements include the median along Badger Flat Rd. and the center traffic circle at Badger Flat Rd. and Cardoza Rd.
Background:
Landscape areas in Lighting and Landscape District #17 have deteriorated.
Replacement plants, the addition of trees and mulch will improve the aesthetic of the neighborhood. Additionally, any bushes above wall height will be trimmed to 12" below wall height. In Fiscal Year 2020-2021, Public Works staff completed landscape improvements along Cardoza Rd. Improvements along Badger Flat Rd. will help to further improve the neighborhood.
Improvements include the supply and installation of 220 1-gallon plants, 5 15-gallon trees and 700 yards of mulch. Any existing bushes along the wall on either side of the road, must be trimmed to 12" below the wall height.
Discussion:
City of Los Banos Public Works staff solicited quotes from landscape companies for the requested landscape improvements. Pursuant to the Los Banos Municipal Code and the Uniform Construction Cost Accounting Procedures. Public projects less than $60,000.00 may be performed by negotiated contract. Public works staff solicited quotations by phone and through the internet. The companies solicited were as follows: Ronnys Inc., / l _____
131
Joe's Landscaping & Concrete, Inc., Creekside Landscape LLC, and P.S.G. Fencing and Lumber.
Ronny's Inc. provided the lowest quote at $34,325.00. Joe's Landscaping & Concrete, Inc. provided an estimate of $36,750.00. Creekside Landscape LLC and P.S.G Fencing and Lumber declined to provide estimates.
Fiscal Impact:
Expenses related to landscape improvement along Badger Flat Rd. are provided by Landscape and Lightin Dis ct #17, in line item 287-458-200-717.
Attachments:
Service Contract
Resolution
132
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
LOS BANOS AND RONNYS LANDSCAPING INC.,
FOR BADGER FLAT RIGHT OF WAY
RENOVATION PROJECT
WHEREAS, the City of Los Banos Public Works Department solicited for proposals to perform Landscape Improvements Services along Badger Flat Road from Prairie Spring Road to Travertine Way; and
WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Ronnys Inc. provided the lowest responsive and responsible proposal in the amount of $34,325.00; and
WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the contract with Ronnys Inc. for Landscape Improvements Services along Badger Flat Road from Prairie Spring Road to Travertine Way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Ronnys Inc. for Landscape Improvements Services along Badger Flat Road from Prairie Spring Road to Travertine Way.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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CONTRACT BETWEEN THE CITY OF LOS BANOS AND RONNYS
INC., FOR BADGER FLAT RIGHT OF WAY RENOVATION PROJECT
THIS CONTRACT is made and entered into this day of ___ , 2022, between CITY OF LOS BANOS, a California municipal corporation ("City") and RONNYS INC., a California corporation ("Contractor");
RECITALS
A WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out renovation of the right of ways along Badger Flat Road and Prairie Springs Road;
C. WHEREAS, Contractor submitted a responsible proposal in response to an informal Request for Proposal prepared by the City Parks and Recreation Division; D. WHEREAS, Section 3-16.030 of the Los Banos Municipal Code allows for a public project of less than $60,000 to be perf~rmed by negotiated contract; E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
F. WHEREAS, City and Contractor desire to set forth their rights, duties and obligations in connection with the services to be performed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK AND COMPENSATION
1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary in order to provide the median renovation as described in the Project Overview and Estimate #15519 dated March 18, 2022, set forth in Exhibit A attached hereto and incorporated herein by this reference. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.
1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $34,325.00 in accordance with the proposal set forth in in Estimate #15518 dated March 18, 2022, Exhibit A attached hereto and incorporated 135
herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing.
1.03. Billing. Compensation shall be paid to Contractor upon receipt and approval by City of an invoice setting forth in detail the services performed. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff.
1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of thirty (30) calendar davs from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.
2. GENERAL WORK REQUIREMENTS
2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.
2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.
2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic in the project area.
2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
2.06. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract 2 136
price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
3. CONTRACTOR'S RESPONSIBILITIES
3.01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.
3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.
3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
3 137
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverae:e. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or 4 138
volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days ( 10 calendar days written notice of non-payment of premium) written notice has been received by City.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.
3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PA TENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, 5 139
physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance 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."
3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
Contractor warrants and guarantees for one (1) year from and after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as provided for in the Contract Documents. During the term of this warranty, Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City.
Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.
3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner.
3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, 6 140
spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.
3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.
3.11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers.
3.12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3.13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.
4. GENERAL PROVISIONS
4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Eight Hundred Dollars per day ($800/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.
7 141
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days from the beginning of any such delay notify the Project Engineer, in writing, of the causes of delay. The Project Engineer shall ascertain the facts and the extent of delay, and the Project Engineer's findings thereon shall be final and conclusive.
4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
4.3 Utility Facilities. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Conditions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities and performing potholing when necessary.
The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.
Contractor will not be entitled to damages or payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.
4.4. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.
4.5. Assignment and Subcontracting. Neither this Contract nor any interest herein nor 8 142
any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.6. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4.7. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.8. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
To Contractor:
City of Los Banos
411 Madison A venue
Los Banos, California 93635
Attn: Nirom Than
Ronnys Inc.
1251 Badger Flat Road
Los Banos, CA 93635
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
4.9. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.
4.10. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.
4.11. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
4.12. Integration. This Contract represents the full and complete understanding of 9 143
every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
4.13. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
4.14. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Contract shall continue to be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
[Signature block begins on next page]
10 144
Date: ______ , 2022
Date: _____ __, 2022
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
11 RONNYS INC., a California corporation
by: Ronny Navarro, CEO
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
145
EXIIlBIT A
PROJECT OVERVIEW
AND
ESTIMATE #15519
12 146
• . . ~~~p•~, .. ~I!- . • .Ii \ ••• f ..... • ,. -
, Bill To
~~~
CITY OF LOS BANOS 'Id~
VOICE Of TREE CARE
.
411 MADISON AVE.
LOS BANOS,CA93635 D1S1RCIT 17 PLANTERS
1---------1 BADGER FLAT ROAD
PLANTERS HIGHLIGHTED ON GOOGLE M/lJ>S SCREENSHOT EMAILED BY CARLOS FOR BADGER RAT Nb IRRIGATION WORK NEEDED AND IS NOT INCLUDED
SUPPLY OF (220) 1 GAL PLANTS
INSTAUATION OF (220) 1 GAL PL.ANrS
SUPPLY OF (5) 15 GAL TREES
INSTAUATION OF (5) 15 GAL TREES
SUPPLY OF APPROXIMATELY (700) YARDS OF ARBOR NU.CH AT 3" THICK INSTAUATION OF APPROXIMATELY (700) YARDS OF ARBOR MULCH AT 3" THICK TREE TOPPING TO 12" BELOW MASONRY WAil TOP (TREES MARl<ED ON PICTURES PROVIDED BY CARLOS) THE SUPPLIED ARBOR MU.CH IS NOT PATHOGEN FREE, SEED FREE OR A ARE RETARDANT MATERIAL.
Ronnys Inc is: Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. Ronnys Inc. is $2 mill general liability, $2 mill commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City.We observe Th:mksPivin1>_chritsmas & new vear's clav_
Estimate
15519
3/18/22
l?roiect.Add,:ess_l #emos
Total
0.00 3,110.00
2,640.00
975.00
850.00
5,250 .. 00
14,000.00
7,500.00
$34,325.oo
1 Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc_ late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc_ at its principal place of business, 12S 1 Badger Flat Rd., Los Banos, CA 9363S
Signature Piira Vida! [email protected] "Service Quality Is Our Growing Responsibility"
147
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148
TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor & City Council Members
Justin Melden, Police Commander ~~
May 18, 2022
SUBJECT: Ordinance Adopting a Military Use Policy Per AB 481 TYPE OF REPORT: Public Hearing
Recommendation:
That the City Council waive the first reading and introduce ORDINANCE NO. __ ADOPTING A MILITARY EQUIPMENT POLICY
AND ADDING CHAPTER 12 TO TITLE 4 OF THE LOS BANOS
MUNICIPAL CODE TO ADOPT A MILITARY EQUIPMENT USE
ORDINANCE
Background:
Assembly Bill 481 ("AB 481") codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy by ordinance, prior to the law enforcement agency funding, acquiring, or using military equipment. The Los Banos Police Department seeks City Council approval of the attached Military Equipment Use Ordinance adopting Military Equipment Use Policy 706 in order to allow the Los Banos Police Department to continue to use the vital equipment specified therein and continue to purchase said equipment as needed.
Discussion:
On September 30, 2021, Governor Newson signed policing reform legislation aimed at increasing transparency of peace officer misconduct records and creates a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint 149
techniques, and creating a public forum for the funding, acquisition and use of military equipment.
Effective January 1, 2022, law enforcement agencies within California are required to abide by the rules set forth within AB 481, defining military equipment, requiring approval by the City Council and public engagement for the use and acquisition of military equipment. The Los Banos Police Department has responsibly purchased and utilized this equipment within our community for decades without misuse or abuse. AB 481 requires a law enforcement agency to make public its policy on the law enforcement agency website for at least thirty (30) days before a mandatory public hearing where the public may comment on the Policy before City Council decides to adopt it or not.
The term "military equipment", as used in AB 481, does not necessarily indicate equipment that has been used by the military. "Military equipment" here includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.
The Los Banos Police Department has equipment that meets criteria of 5 of the 15 categories (categories 1,5, 10, 12 and 14) set forth in AB 481:
• Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1 ).
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5). • Specialized firearms and ammunition of less than 50 caliber, including firearms and accessories identified as assault weapons in penal code 30510 and penal code 30515, with the exception of standard issue handguns (Equipment Category 10).
• Munitions containing teargas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12).
• Kinetic energy weapons and munitions (Equipment Category 14).
The Los Banos Police Department has used items described in AB-481 as military equipment on several occasions to leverage tactical advantages to safely defuse volatile encounters and take people into custody. The ability to have multiple force options ranging from long distance equipment found in category 10, to less lethal 150
options found in category 12 and 14 provide safer alternatives to managing hostile encounters for both the public and officers. These items provide officers with time and distance which is often crucial when dealing with violent or self-destructive individuals.
These tools have been tested in the field, and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Los Banos Police Department.
The Los Banos Police Department has followed the requirements per AB-481 in creating a Military Equipment Use Policy - Policy 706 and has posted it to the department's website at https://losbanos.org/city-government/departments/police/ab481 / for the public to view, provide comments, complaints, and concerns. As required for transparency, the Los Banos Police Department has uploaded multiple written documents on the department's website 30-days prior to this public hearing to meet the requirements of AB 481 .
Fiscal Impact:
There is no additional fiscal impact by the continued use of equipment identified in AB481.
Reviewed by:
ta12te~f of Police
Attachments:
Military Equipment Use Ordinance
AB-481 Full Text
Draft Lexipol Policy 706
151
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152
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS,
ADOPTING A MILITARY EQUIPMENT POLICY AND ADDING CHAPTER 12 TO TITLE 4 OF THE LOS BANOS MUNICIPAL CODE TO ADOPT A
MILITARY EQUIPMENT USE ORDINANCE
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Los Banos Police Department is in possession of certain items of equipment that qualify as "military equipment' under AB 481 and further intends to acquire other items of military equipment; and
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training oversight, and complaint process, applicable to the Department's use of such equipment; and
WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; _and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, the proposed Military Equipment Use Policy, Los Banos Police Department Policy 706, will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and
WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
1 153
WHEREAS, the Los Banos Police Department has submitted the proposed Policy to the City Council and has made those documents available on the Police Department's website for at least 30 days prior to the public hearing concerning the military equipment at issue; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12 (Military Equipment Use) of Los Banos Municipal Code Title 4, is added to read as follows:
Section 4-12.010 Title.
Ordinance shall be known as the Military Equipment Use Ordinance.
Section 4-12.020 Purpose.
The purpose of this ordinance is to ensure the Police Department's compliance with California Assembly Bill 481, which requires California law enforcement agencies to obtain approval of the law enforcement agency's governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting prior to taking actions relating to the funding, acquisition, or use of military equipment.
Section 4-12.030 Definitions.
(a) "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Los Banos Police Department.
(b) "Military Equipment" includes all of the following (Per CA Gov. Code §7070):
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (A TVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 2 154
(6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(c) "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:
(1) A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
(2) The purposes and authorized uses for which the Police Department proposes to use each type of Military Equipment.
3 155
(3) The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Police Department is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
(6) The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the Police Department will ensure that each complaint, concern, or question receives a response in a timely manner.
Section 4-12.040 Military Equipment Use Policy Requirement. (a) The Los Banos Police Department shall obtain City Council approval of a Military Equipment Use Policy in accordance with Government Code Section 7071 at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Government Code Section 54950 et. seq.) prior to engaging in any of the following:
(1) Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Los Banos. (5) Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the City of Los Banos pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
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(7) Acquiring Military Equipment through any means not provided by this section. (b) In seeking the approval of City Council, the Los Banos Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
(c) The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
(1) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(d) In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use. (e) The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act, Government Code Section 54950 et. seq.
Section 4-12.050 Use in Exigent Circumstances
(a) Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this chapter. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
(b) If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances that has not been approved in the Military Equipment policy as authorized in accordance with this section, it must take all of the following actions:
5 157
(1) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law. (2) If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3) Include the Military Equipment in the Police Department's next annual Military Equipment Report.
Section 4-12.060 Reports on the Use of Military Equipment. (a) The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council annually for as long as the Military Equipment is available for use.
(b) The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
(c) The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
(1) A summary of how the Military Equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the Military Equipment. (3) The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. (4) The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report. (5) The quantity possessed for each type of Military Equipment. (6) If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment. (d) Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the 6 158
general public may discuss and ask questions regarding the annual Military Equipment report and the Police Department's funding, acquisition, or use of Military Equipment. (e) The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this Chapter and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
SECTION 2. MILITARY EQUIPMENT USE POLICY
The City Council of the City of Los Banos, having received the information required under AB 481 regarding the Los Banos Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to, and does hereby, approve the Military Equipment Use Policy 706 as presented at the Public Hearing and incorporated herein by this reference and finds that it satisfies the requirements of Government Code Section 7070. The City Council finds that the Military Equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety, and the policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
SECTION 3. CEQA
The Military Equipment Use Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Military Equipment Use Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Merced County Clerk in accordance with the CEQA guidelines.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Los Banos hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 7 159
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 6. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Merced County and circulated in the City of Los Banos. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
Introduced by Council Member and seconded by Council Member _____ on the __ day of _____ , 2022.
Passed on the __ day of _ ____ , 2022 by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria, Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
8 160
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the 161
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1.
The Legislature finds and declares all of the following:
( a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. 162
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(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. ( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. ( e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2.
Chapter 12.8 ( commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070.
For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed bodythat oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriffs department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.
(2) A sheriffs department.
(3) A district attorney's office.
( 4) A county probation department.
( c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. 163
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( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .SO caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .SO caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
( d) "Military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. ( 4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of 164
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military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. ( e) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) "Type" means each item that shares the same manufacturer model number. 7071.
(a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed military equipment use policy to the 165
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governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b J In seeking the approval of the governing body pursuant to subdivision ( a J, a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
(cJ The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120J of Chapter 1 of Part 1 of Division 3 of Title 2J or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title SJ, as applicable. (dJ (1J The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(AJ The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (BJ The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(CJ If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (DJ Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2J In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. ( e J (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2J, vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act ( Article 9 ( commencing with Section 11120J of Chapter 1 of Part 1 of Division 3 of Title 2J or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5J, as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision ( dJ, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (aJ to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
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7072.
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. ( 4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073.
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
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(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use ofany military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
( c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.
7074.
The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075.
Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.
SEC.4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or 168
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school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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Policy Los Banos Police Department
706 Los Banos PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
I State I
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
I State I
Definitions related to this policy include (Government Code § 7070):
Governing body - The elected or appointed body that oversees the Department.
Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexipol, LLC 2022/04/06, All Rights Reserved.
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Military Equipment
706.2 POLICY
iStatei
Los Banos Police Department
Los Banos PD Policy Manual
It is the policy of the Los Banos Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
i Best Practice !
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Banos Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
i State i IMODFED!
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here] See LBPD Milita E uimpent inventory list 706.5 APPROVAL
jStatei
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior Copyright Lexipol, LLC 2022/04/06, All Rights Reserved.
Published with permission by Los Banos Police Department ***DRAFT"'** Military Equipment - 2 172
Los Banos Police Department
Los Banos PD Policy Manual
Military Equipment
to any public hearing concerning the military equipment at issue (Government Code § 7071 ). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071 ):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Jstatel
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
I State I
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Jstatel
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Los Banos Police Department
Military Equipment
Copyright Lexipol, LLC 2022/04/06, All Rights Reserved.
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LBPD Policy Manual Attachment
706.4 Military Equipment Inventory.pdf
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1. Unmanned Arial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Unmanned Aerial Systems in operation by the Los Banos Police Department are: DJI phantom pro-4 (Da-Jiang Innovations) ($2500), DJI Phantom 3 Standard- ($800), 3 (DJI) Mavic Mini ($420.00) are all commercial/consumergrade UAS (Unmanned Aerial Systems) commonly used by construction and utility companies for the inspection of buildings, power lines, windmills and other infrastructure, The UAS is a battery powered remote operated device. The controller allows the pilot to control the UAS as well as view live video produced by the onboard camera system the drone is equipped with. Flight time for each battery is approximately 25-30 minutes depending on weather and flight conditions. Drones have been proven to be useful by public safety agencies to conduct pre-operational surveillance, search and rescue missions, and tactical situations where enhancing the view point reduces effect of law enforcement and fire personnel. The Department is currently in the test and evaluation phase of another commercial grade UAS.
b. Purpose:
To be deployed when the view would be enhanced to assist officers or incident commanders with the following situations, which include but are not limited to:
I. Major collision investigation
II. Search for missing persons
III. Natural disaster management
IV. Crime scene photography
V. Tactical or other public safety and life preservation missions VI. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training shall be permitted to operate the UA V during approved missions. All other applicable LBPD Policies remain in effect, to include but not limited to, LBPD Policy 311- Search and Seizure, LBPD Policy 316- Missing Persons, LBPD Policy 606- Unmanned Arial System Operations and LBPD Policy 703- Vehicle Use. d. Expected Lifespan:
5 Years
e. Fiscal Impact:
Annual maintenance cost of approximately $1,000.
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2. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
2011 Bumper pull trailer with a custom interior equipped with electrical supply, generator power source, seating and workspace. The interior is climate controlled and lighted by several recessed florescent lighting fixtures. The rear portion of the trailer is equipped with a cargo-equipment and supply storage area. The Trailer is used on critical incidents to provide additional command and control as well as provide shelter, supply storage, and evidence storage. Approximate cost:
$15,000.00 funded through A VOID Grant-2011.
b. Purpose
To be utilized for critical incident callouts
c. Authorized Use
The Command Post Trailer is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a California driver license. All other applicable LBPD policies remain in effect to include, but not limited to, LBPD 703- Vehicle use, LBPD Policy- 802- Property and Evidence.
d. Expected Lifespan:
20 Years
e. Fiscal Impact
Annual maintenance cost of approximately $2,000.
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3. Specialized Firearms and Ammunition (Equipment
Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. The Carbine Rifle is a firearm capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designated for semiautomatic and selective fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced with the Rifle fails or breaks. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Colt Ar-15/ M4 Approximate Cost $15,000 Quantity-15 Windham Weaponry RI lSFST-7 WW15/AR-15 5.56 Quantity: 14 Cost; Approximately $13,934.68.
11. The Federal American Eagle .223-.62 grain FMJ is the Departments primary training and duty ammunition, the ammunition is deployed during potential leather encounters when shooting from distance or through barriers- Cost: $3,956.20 Quantity: 10,100 Rounds.
m. Remington UMC .223 62 grain CTFB is the Departments secondary training and duty ammunition, the ammunition is deployed during potential lethal encounters when shooting from distance or through barriers. Cost: 1,033.80 Quantity: 2800.
b. Purpose:
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:
Only members that are POST certified are authorized to use a rifle. All other applicable LBPD policies remain in effect, to included but not limited to LBPD policy 300- Use of Force, LBPD Policy 306- Firearms Training and Qualifications.
d. Expected Lifespan:
i. Carbine Rifle- No expiration
ii. Federal American Eagle .223, 62 grain FMJ- No expiration iii. Remington UMC .223 62 grain CTFB- No expiration
e. Fiscal Impact:
1. Carbine Rifle- Annual Cost between $0.00- $10,000.
11. Federal American Eagle .223- 62 grain FMJ- Annual cost between $0.00 to $5,000.
iii. Remington UMC .223 62 grain CTFB- Annual cost between $0.00 to $5,000.
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4. PepperBall Launcher (Category 12)
a. Description, quantity, capabilities, and purchase cost:
System that uses high pressure air to deliver Pelargonic Acid V anillylamide (PAV A) powder projectiles (similar to a paint ball delivery system). The System is capable of launching projectiles at a subject up to 60'. The System is capable of area saturation up to 160'. This is a non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Approximate Cost: $2,000.00 Quantity: 4 i. PepperBall Live Projectile, the basic PepperBall projectile contains 2% PAV A pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area saturation of 150=f. The projectile contains 0.5% PAV A powder .8230. Cost: $3,412.00 Quantity:
1500.
b. Purpose:
To limit the escalation of conflict where deployment oflethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
1. Self-destructive, dangerous and/or combative individuals. n. Riot/Crowd control and civil unrest indecent
m. Circumstances where a tactical advantage van be obtained 1v. Potentially vicious animals
v. Training exercises or approved demonstrations
c. Authorized Use:
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. All other applicable LBPD Policies remain in effect, to included, but not limited to, LBPD Policy 300- Use of Force d. Expected Lifespan:
i. PepperBall Launcher: No expiration
ii. Live Projectile: 1 year
e. Fiscal Impact:
i. PepperBall Launcher: Annual cost between $0 and $1,000. ii. Live Projectile: Annual cost between $0 and $2,000. 180
5. Projectile Launch platforms and associated munitions ( Category 14)
a. Description, quantity, capabilities, and purchase cost:
Lewis Machine & Tool (LMT) Launcher approximate Cost: 4,000. Quantity: 3.
The LMT 40mm launcher is not a firearm, but a less-lethal system that uses smokeless powder to deliver 40mm projectiles from a safe distance. The LessLethal launcher is capable of launching 40mm munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced with the launcher fails or breaks. The 40mm munition is a direct impact spin stabilized smokeless sponge munition. The sponge baton munition is used as Less-Lethal weapon designed to de-escalate a potentially violent encounter. Approximate Cost: $3,818 Quantity:
200
b. Purpose:
To limit the escalation of conflict where lethal force is prohibited or undesirable. c. Authorized Use:
Situations for use of the less-lethal weapon system may include but are not limited to:
1. Self-destructive, dangerous and/or combative individuals n. Riot/crowd control and civil unrest incidents.
m. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
All other applicable LBPD Policies remain in effect, to include, but not limited to, LBPD Policy 300- Use of force.
d. Expected Lifespan:
i. 40mm Launcher- No expiration
e. Fiscal Impact:
i. 40mm Sponge Round: Annual cost between $0 and $400.
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6. Projectile Launch platforms and associated munitions (Category 14)
a. Description, quantity, capabilities, and purchase cost:
i. Remington 870 Less-Lethal shotgun, cost $950 each, quantity:
10. Used to deploy less-lethal impact munitions. The stock and pump grip of the shotgun are bright orange in color to indicate it's use as less lethal.
ii. 12-gauge Safariland drag stabilized beanbag round, #3027, approximate cost: $500, quantity 200. A less-lethal 12-gauge shotgun round that launches a ballistic fiber bag filled with 40 grams of lead shot. The effective range of this munition is at least 20 feet up to 75 feet from the target. It does not require a minimum range to "unfold" or "stabilize" and accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
All other applicable LBPD Policies remain in effect, to include, but not limited to, LBPD Policy 300- Use of force.
d. Expected Lifespan
i. Remington 870 less
Lethal shotgun - 25
years
11. Safari land drag
stabilized round-No
expiration
e. Fiscal Impact
1. Beanbag Round: Annual cost between $0 and $500.
182
CITY OF LOS BANOS
NOTICE OF PUBLIC HEARING
TO RECENE PUBLIC COMMENT ON A PROPOSED POLICY FOR THE USE OF
MILITARY EQUIPMENT BY THE LOS BANOS POLICE DEPARTMENT BY
ORDINANCE
NOTICE IS HEREBY GIVEN that on May 18, 2022, at 6:00 p.m., or as soon thereafter as possible, the City of Los Banos City Council will hold a Public Hearing at 520 J Street, Los Banos, CA in the Council Chambers for the following purpose:
TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS, ADOPTING A MILITARY EQUIPMENT POLICY AND
ADDING CHAPTER 12 TO TITLE 4 OF THE LOS BANOS MUNICIPAL CODE
TO ADOPT A MILITARY EQUIPMENT USE ORDINANCE
The purpose of the proposed ordinance is to adopt the Los Banos Police Department Military Equipment Policy, as required by California Assembly Bill 481 and Government Code§§ 7070- 7075. A copy of the draft Los Banos Police Department Military Equipment Policy is available for public review on the City's website at https://losbanos.org/city- !.?.Overnment/departments/police/ab-481/; or by downloading the agenda packet for the City Council meeting posted on the City's website at hups://www.cityoflosbanos.org and reviewing the documents within the agenda packet.
All interested parties are invited to attend and express their opinions or provide written comments before the hearing. The public is also informed that should the action by the City Council be challenged in court, court testimony may be limited to only those issues raised at the Public Hearing, or by written correspondence received at or prior to the Public Hearing, per Government Code Section 65009.
The proposed Military Equipment Use Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.
THE CITY OF LOS BANOS
GARY BRIZZEE,
CHIEF OF POLICE
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184
TO:
FROM:
DATE:
LOsBanos
At ii, ( .·>s-;n,a,L 01 alifo111ia
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director <;£- May 18, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Final Development Plan #2021-01 and Development Agreement for Quail Meadows - Villages at Stonecreek V
Recommendation:
Staff requests that the City Council open the public hearing, receive public comment, and consider:
1. Adopt a Resolution approving Final Development Plan #2021-01 for Quail Meadows - Villages at Stonecreek V; and
2. Waive the first reading and introduce an Ordinance authorizing the Mayor to execute a Development Agreement by and between the City of Los Banos and Anderson Homes, Inc., relative to Quail Meadows - Villages at Stonecreek V.
Background:
On November 24, 2003, the Planning Commission recommended approval of the Stonecreek Area Plan (493.3 acres) to the Los Banos City Council and subsequently the City Council approved the Stonecreek Area Plan on April 21, 2004. The Stonecreek Area Plan project included the eventual annexation of 401.1 acres into the City of Los Banos, a General Plan land use amendment consistent with the proposed Area Plan, site prezoning, circulation, transportation diagrams, and a layout of proposed infrastructure.
Land uses designated in the Stonecreek Area Plan included an office campus, mixed use 1 185
(first floor retail and second floor office or residential), commercial, parks, trails, environmental reserve, fire station, elementary school, church, child day care, and several forms of residential housing including multi-family and single family detached lots.
On August 22, 2007, the Los Banos Planning Commission approved Vesting Tentative Map #2006-12 and recommended approval of Final Development Plan #2006-12 and Development Agreement for Quail Meadows at Stonecreek to the Los Banos City Council.
The proposal consisted of 76.43 acres and proposed to establish 53 single-family residential lots, an office lot, several remainder parcels and dedicate right-of-way for two major streets. On October 17, 2007, the Los Banos City Council approved the Final Development Plan and Development Agreement for Quail Meadows at Stonecreek. The Development Agreement expired in 2017 and the Vesting Tentative Map subsequently expired 12 months later in 2018.
On February 17, 2021, the applicant, Anderson Homes, filed a new project application for the property contained within the Stonecreek Area Plan:
1. Vesting Tentative Tract Map #2021-01 (VTTM #2021-01) to subdivide approximately 70.5 acres into 271 single-family detached residential lots ranging in size from 3,444 square feet to 12,735 square feet;
2. Final Development Plan #2021-01 for Quail Meadows - Villages at Stonecreek V Project Site of approximately 70.5 acres setting forth proposed layout, circulation, architecture, street sections, landscape concept, and site features. The proposed project area covers approximately 14 percent of the total Stonecreek Area Plan;
3. Development Agreement between Anderson Homes and the City of Los Banos setting forth terms for development of the project site.
The Los Banos Planning Commission held a public hearing on December 8, 2021, for the purpose of considering Quail Meadows the Villages at Stonecreek V Vesting Tentative Tract Map #2021-01, Final Development Plan #2021-01, and associated Development Agreement. At the completion of the public hearing, the Planning Commission approved Vesting Tentative Tract Map #2021-01 and recommended approval of Final Development Plan #2021-01 and Development Agreement to the Los Banos City Council. The Los Banos Planning Commission approved the Vesting Tentative Tract Map conditioned upon City Council approval of Final Development Plan #2021-01.
At this hearing the City Council will consider the following:
1. Final Development Plan #2021-01 for Quail Meadows - Villages at Stonecreek V; and
2. Development Agreement for Quail Meadows - Villages at Stonecreek V to the Los Banos City Council;
2 186
LOCATION:
The proposed project site is located in the southwestern portion of the City and is generally located south of West Pacheco Boulevard, west of Dock Avenue, and east of the city limit line. The project site is outlined in yellow on the area map below.
The Stonecreek Area Plan is highlighted below in blue.
3 187
LAND USE:
The project site is currently used for agricultural purposes.
Pro
Project Site
North
East
South
West
Land Use
Undeveloped/Agriculture
Undeveloped/Agriculture
Undeveloped/ Agriculture
Undeveloped/ Agriculture
Undeveloped/Residential
Zone
PD/R-1
PD/PO/C-N
PD/R-1
PD/R-1
PD/R-1
General Plan
Low Density Residential
Low Density Commercial
Low Density Residential
Civic/Institutional
Low Density Residential
R-1 = Low Density Residential
PO = Professional Office
PD = Planned Development
C-N = Neighborhood Commercial
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is within the scope of the Stonecreek Area Plan Program EIR (SCH #2002061015) certified by the Los Banos City Council on April 21, 2004. Staff has determined that the proposed project was adequately described, examined, and evaluated in the EIR, and that no significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the EIR. The City determined that the Stonecreek Area Plan could have a significant effect on the environment; however, all potentially significant effects were analyzed adequately in the EIR, and mitigation measures presented in the EIR and proposed as conditions of approval, will reduce potentially significant impacts to a less than significant level. No additional review is necessary under CEQA.
The EIR contemplated a total residential build-out of 1,868 residential units within the Stonecreek Area Plan. The following projects have been approved for 1,010 units within this Area Plan:
• Villages at Stonecreek IIA & Ill 287
• Villages at Stonecreek IV 309
• Villages at Stonecreek VII 343
• Villages at Stonecreek IX 71
The proposed project consisting of 271 dwelling units will bring cumulative residential development within the Stonecreek Area Plan to 1,281 units. Therefore, the proposed project is within the scope of the development anticipated in the Stonecreek Area Plan.
No further environmental documentation is required as the proposed project was contemplated and adequately analyzed in the EIR.
4 188
CENTRAL CALIFORNIA IRRIGATION DISTRICT (CCID)
The applicant, Anderson Homes, has made best efforts to enter into a maintenance agreement with CCID regarding the existing irrigation line along the western property line of the project site. Although the language has not been finalized by CCID's Board, Anderson Homes has been communicating with CCID staff regularly and has no objections to entering into the agreement. Based on the best efforts from Anderson Homes to address the future maintenance of the existing irrigation line, there are no objections from CCID staff to move the project forward on the basis that the Final Map will not be recorded until the final Property and Maintenance Agreement (PMA) has been signed by Anderson Homes.
FINAL DEVELOPMENT PLAN ANALYSIS:
Pursuant to Section 9.3-401 of the Los Banos Zoning Code, the purpose of the Planned Development District (P-D) is to provide an integrated neighborhood development which would otherwise not be possible under traditional "lot-by-lot" zoning. The Planned Development District encourages innovative and creative development by allowing flexibility in land use and design. The District allows the opportunity to provide amenities and conveniences while maintaining a suitable neighborhood environment and permits development based on a high standard of performance and design by creating greater efficiency in land use by providing for flexibility in strict application of the Zoning Code.
This is achieved by maximizing open space, preserving natural amenities and creating additional amenities as approved by the City Council.
A Final Development Plan is required for the total project or an approved phase of the project in order for development to occur in the Planned Development Zoning District.
The Planning Commission is tasked with making a recommendation to the City Council on the proposed Final Development Plan. The City Council by resolution may grant approval of the Final Development Plan subject to conditions, or may deny the request.
Project Design
The proposed project provides a range of lot sizes not otherwise available in a traditional residential zone. The Los Banos General Plan, the Stonecreek Area Plan, and the Residential Design Guidelines were used as guiding principles for the design of Quail Meadows - Villages at Stonecreek V Final Development Plan. The intent of the design was to present a diverse selection of production homes positioned on a wide range of lot sizes with varying widths.
Land Use
The project site is designated as Low Density Residential according to the Los Banos General Plan with a Planned Development overlay according to the Zoning Map. Quail Meadows will have a total of 199 lots with floor plans from approximately 1,400 to 3,000 square feet. The lots for these homes range from approximately 5,000 to 10,500 square feet, with varying widths between 50' and 65' wide. These lots will feature single and twostory homes with three to five bedrooms per residence and attached two or three-car garage options.
5 189
The Cottages at Quail Meadows will consist of 72 lots and offer two-story homes with floor plans ranging from approximately 1,600 to 2,300 square feet. The lots for these homes range from approximately 3,400 to 9,500 square feet, with lot widths at 42' and 50' wide. These homes will feature three to five bedrooms with two-car garages and are located within the Medium Density Zoning District and consist of a denisty of 9.15 dwelling units per net acre.
A total of 271 residential lots will be developed at approximately 5.96 dwelling units per net acre (du/ac). Custom options will be available for every home. The Quail Meadows Final Development Plan contains sample architectural products illustrated with color renderings and elevation views.
Architecture
The proposed architecture for the project reflects traditional American architectural styles.
The Final Development Plan provides a variety in elevation, color scheme, house designs, and setbacks to provide compatibility and consistency with the existing Villages at Stonecreek IV and VII neighborhoods. The proposed elevation styles used within the proposed Final Development Plan will be compatible with, and complementary to, the existing residential neighborhood in terms of scale, height, and neighborhood feel. The proposed elevations utilize variations in building style, colors, and materials. Each architectural plan group consists of an elevation of stucco with combinations of siding and/or stone veneer used throughout the front elevations. Each architectural plan group also consists of the use of mock shutters throughout various plans. The proposed designs utilize the front door entry as a prominent feature of each home with a minimum 2-car garage and options for a 3-car garage.
The Final Development Plan proposes 12 different architectural plan groups each consisting of three distinct elevation styles adding up to a total of 36 different design styles.
Circulation
Stonecreek Boulevard has been designed as an arterial street. The arterial will have a 100 foot right-of-way and will consist of two travel lanes in each direction, a 14 foot landscape median, a 5 foot park strip on each side, a 5 foot sidewalk on each side, a 5 foot landscape buffer on each side, and a decorative masonry wall on each side. This street section is designed to be consistent with the existing Villages IIA & Ill street section to the east.
Pacheco/ Pioneer Connector runs along the western boundary of the project site and has been designed as an arterial street in accordance with the adopted Pioneer Road Complete Streets Plan. The arterial road will consist of 100' right-of-way and will have two travel lanes in each direction, a 16 foot landscape median, a 6 foot park strip on the east side, a 10 foot wide Class I bike/pedestrian trail on the east side, a decorative masonry wall on the east side, a 5 foot landscape buffer on the west side, a 5 foot sidewalk on the west side, and a decorative masonry wall on the west side. The developer will be 6 190
paying an in-lieu contribution for the development of the Pacheco/Pioneer Connector for their proportionate share, which according to the adopted Stonecreek Area Plan is 90 feet wide. The Development Agreement consists of a Special Condition which describes the payment of the in-lieu contribution for this arterial. The City will use the in-lieu contribution to help build the Pacheco/Pioneer Connector once the project is ready to be built.
The main entrances into the subdivision will be from Bermuda Lane and Solimar Drive off of Stonecreek Boulevard. Mariposa Drive will be an additional entrance to the subdivision once the Pacheco/ Pioneer Connector is built and complete. The typical neighborhood streets within the project site have been designed utilizing 52 foot wide public right-ofway. The street section for neighborhood streets includes a 5 foot park strip and 5 foot sidewalk.
Infrastructure/Services
Water: The City of Los Banos would provide domestic water service by connecting to an existing 12-inch line at Stonecreek Boulevard. Routine 8-inch distribution lines are proposed to be installed throughout the project site. All existing groundwater wells within the boundary of the map will be required to be abandoned to Merced County Standards.
The project is subject to the provisions of the Los Banos Water Master Plan and will conform to its requirements including, but not limited to, payment of water impact fees.
Sewer: The City of Los Banos would provide wastewater service to the project site by connecting to an existing 21" line off of Stonecreek Boulevard. Typical 8 inch lines are proposed to be installed throughout the project site. Project build-out has been contemplated in the Wastewater Master Plans and will conform to its requirements including, but not limited to, payment of the wastewater impact fees.
Drainage: Storm water drain infrastructure will be designed according to City standards and specifications. The existing storm drain basin north of the project site on Badger Flat Road has been sized to accommodate flow from the project area in accordance with the Storm Drain Master Plan.
It should be noted that all City infrastructure has been sized to accommodate this potential development and will be built in accordance with the City's Utility Master Plans.
DEVELOPMENT AGREEMENT:
A Development Agreement is a legally binding contract between the City and a project developer that delineates the terms and conditions of a proposed development project. A Development Agreement allows a project developer to secure vested rights, and it allows the City to secure certain benefits. Development Agreements are enabled by California Government Code Sections 6584-65869.5.
Development Agreements are commonly used for land use developments which are implemented in phases over a long period of time. Development Agreements provide assurances to both the applicant and the City that the terms of the agreement (conditions of approval) will not change and be in force until the completion of the project, and they 7 191
are legally binding on each party. This protects the developer from expending energy and money on a project only to have the terms of conditions and standards change before the development can be completed.
Development Agreements have three defining characteristics: 1) they allow greater latitude than other methods of approval to advance local land use policies in sometimes new and creative ways; 2) they allow public agencies greater flexibility in imposing conditions and requirements on proposed projects; and 3) they afford project proponents greater assurance that once approved, their projects can be built.
Development Agreements in Los Banos have been employed as a growth management tool and as a tool to negotiate individual project conditions and requirements that might not otherwise be achievable through regular processing.
City staff is in the preliminary stages of revising our growth management policy for residential development. A provision has been incorporated into the proposed Development Agreement that requires the subject property to follow any future adopted revised growth management policy, but would not apply to the project for one (1) year from the date the new policy is adopted by the City Council.
While it may take years to process and secure the approval of a tentative map, once approved, the tentative map itself is only good for 24 months (or 36 months in those communities that provide an additional 12 months by local ordinance). Thus, unless a final map is filed with the city within this two-year time frame or the tentative map is extended, the tentative map will expire. If the tentative map expires, the process starts all over again; a new tentative map application will have to be prepared, processed and approved.
Once a tentative map expires, it cannot be revived. Instead, a new tentative map must be applied for, processed, and approved. Such re-approval can prove costly from a time and resource perspective. Therefore, because sub-dividers are in the business of creating legal lots in as resource-efficient a manner as possible, they are uniquely interested in keeping their tentative maps alive until such time as they are able to record their final maps and realize the product of their efforts that being saleable lots.
One of the tools for extending the life of a tentative map is through a Development Agreement. A tentative map on property subject to a Development Agreement may be extended for the period of time specified in the Development Agreement. Development Agreements negotiated in Los Banos typically provide that any tentative map within the project area will expire one year after the expiration of the Development Agreement.
Since the development is a negotiated agreement, the city also has the ability to negotiate conditions that might not otherwise be enforceable otherwise.
The benefits of the proposed Development Agreement to the City are:
a) Continuation of the Planned Development known as Stonecreek South. 8 192
b) Formation or annexation of the property to a Community Facilities District created for the purpose of funding public safety.
c) Formation or annexation of the property to a Landscape and Lighting District created for the purpose of maintaining public landscape areas, signage, and public lighting and traffic signal maintenance.
d) Dedication of a fire station site.
e) Dedication of a 100 foot right of way for roadway and utility purposes (Pioneer Connector Road/Badger Flat Loop Road). A contribution to the City of $1,519,485.28 in lieu of constructing the above described roadway improvements less a credit for property dedicated in excess of the 90 foot roadway at the rate of $0.25/sf.
PUBLIC COMMENT:
A public hearing notice was published in the Los Banos Enterprise and notices were mailed out to property owners within a 300' radius of the project site on May 6, 2022. As of the date of this staff report, no written comments have been received.
1. Quail Meadows - Villages at Stonecreek V Final Development Plan #2021-01
2. Resolution - Final Development Plan #2021-01
Exhibit A: CEQA Findings
Exhibit B: Findings for Approval
Exhibit C: Conditions of Approval
Exhibit D: Mitigation Monitoring Plan
3. Ordinance - Development Agreement
Exhibit A: Development Agreement
4. Public Hearing Notice- May 6, 2022
9 193
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194
STONECREEK VILLAGES V
ANDERSON
H O M E S
■
j j,j ': ,, ~
i ':".~ ~~ ;. ! ~ . :_1
FINAL
II DEVELOPMENT PLAN
Anderson Homes
Los Banos, CA
August 2021
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196
Applicant:
Anderson Homes
2440 Bert Dr., Bldg. 200, Ste 201
Hollister, CA 95023
(831)630-1853
.... , .. . -..... . _,.. . ~ '
._: !._. ·c L. _
-ENGlN-E-E-RlNG
Engineering/Surveying/Planning/Landscape Architecture
O'Dell Engineering
1165 Scenic Drive, Suite A
Modesto, CA 95350
209.571.1765
AUGUST 2021 Pl 1
197
QUAIL MEADOWS ANDERSON HOMES
Applicant ........................................................................................................................................................ 1 Table of Contents ........................................................................................................................................ 2 Introduction/Project Description ......................................................................................................... 3 Purpose of This Document ............................................................................................... 3 Landscape Summary ....................................................................................................... 3 Exhibits ........................................................................................................................................................... 4 Aerial Photo ...................................................................................................................... 4 Site Photos ........................................................................................................................ 5 Conceptual Layout ........................................................................................................... 6 Circulation Plan ............................................................................................................... 7 Street Sections ................................................................................................................. 8 Street Sections ................................................................................................................. 9 Landscape Description .................................................................................................. 10 Site Features .................................................................................................................. 11 Quail Meadows Architecture: The Lucia ..................................................................... . 12 Quail Meadows Architecture: The Avila ....................................................................... 13 Quail Meadows Architecture: The Montara ................................................................. 14 Quail Meadows Architecture: The Big Sur ................................................................... 15 Quail Meadows Architecture: The Capitola ................................................................. 16 Quail Meadows Architecture: The Senora .................................................................... 17 Quail Meadows Architecture: The Whitney ................................................................. 18 Quail Meadows Architecture: The Sierra ..................................................................... 19 Quail Meadows Architecture: The Tahoe ..................................................................... 20 The Cottages Architecture: The Solana ........................................................................ 21 The Cottages Architecture: The Newport ..................................................................... 22 The Cottages Architecture: The Pacifica ...................................................................... 23 Layout ............................................................................................................................. 24 Utilities ....................................................................................................................................... 25 AUGUST 2021 Pl 2
198
QUAIL MEADOWS ANDERSON HOMES
INTENT OF THIS DOCUMENT
The Stonecreek Villages V- Quail Meadows Final Development Plan (FDP) details the planning, infrastructure, and design of a future residential community in the City of Los Banos. Quail Meadows and The Cottages at Quail Meadows will offer a diverse selection of homes throughout its 70.5 acres.
Quail Meadows will have a total of 199 lots offering floor plans from approximately 1,400 to 3,000 square feet. The lots for these homes range from approximately 5,000 to 10,500 square feet, with varying widths between 50' and 65' wide. These lots will feature single and two-story homes with three to five bedrooms per residence and attached two or three-car garage options.
The Cottages at Quail Meadows will consist of 72 lots and offer two-story homes with floor plans ranging from approximately 1,600 to 2,300 square feet. The lots for these homes range from approximately 3,400 to 9,500 square feet, with lot widths at 42' and 50' wide. These homes will feature three to five bedrooms with two-car garages.
A total of 271 residential lots will be developed at approximately 5.96 dwelling units per net acre (du/ac). Custom options will be available for every home. The Quail Meadows FDP contains sample architectural products illustrated with color renderings and elevation views.
LANDSCAPE SUMMARY
Offical installation and maintenance guidance documents of landscape materials are provided in the approved site or landscape plan on file in the planning department. All landscapes must be installed as delineated on the plan prior to the issuance of certificates of occupancy. The developer, successors, and assigns are responsible for adhering to the aforementioned site or landscape plan.
Irrigation application methods used within Quail Meadows will address needs of all plant water needs while conserving water and minimizing run-off. All irrigation systems will meet the State Model Water Efficient Landscape Ordinance and follow City of Los Banos Municipal Code standards.
Master Street Tree List
A Master Street Tree List and General Use Tree List were developed in conjunction with the City of Los Banos Master Tree List for this project. The Master Street Tree List will guide all tree planting along public street frontages, but can also be used as a palette for other landscape areas. A variety of trees will be planted throughout the project area.
Light Fixtures
Overhead light fixtures will be City standard 25' -30' lights.
Surface Materials
Two standard surface materials will be used within the project. Sidewalks will be poured concrete per City of Los Banos standards. All street surfaces will be standard asphalt pavement.
Fences And Walls
Fences and walls will be consistent with the shown typology. Wood fences will be 6' tall "good neighbor" style fences. Walls will be of a precast concrete construction and a minimum of 6' tall. Variation will be available in colors, stucco finish, formed caps and masonry. Pilasters will maintain a decorative quality and will be placed at locations to be shown on landscape plans.
AUGUST 2021 Pl 3
199
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QUAIL MEADOWS I ANDERSON HOMES
1 7
L
LEGEND
AERIAL
PHOTO
_J
FDP Boundary
v z a Quail Meadows FDP Area
a Photo Location
REFERENCE MAP
AUGUST 2021 I P/ 4
200
II II
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QUAIL MEADOWS I ANDERSON HOMES
i 7
SITE
L PHOTOS _J
LEGEND
a
FDP Boundary
Photo Location
REFERENCE MAP
AUGUST 2021 I P/ 5
201
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QUAIL MEADOWS l ANDERSON HOMES
1 7
CONCEPTUAL
LAYOUT
L
LEGEND
- -
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FDP Boundary
Quail Meadows
The Cottages at Quail
Meadows
REFERENCE MAP
AUGUST 2021 I Pl 6
202
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CIRCULATION
PLAN
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Arterial
Sections shown on
pages 8 & 9
REFERENCE MAP
AUGUST 2021 I P/ 7
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STREET
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1. Typical 52' Right ofWay Section
2. Typical 90' Right ofWay Section
REFERENCE MAP
AUGUST 2021 I P/ 8
204
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h' 100' • ,;, .. _;JF" _fl~!
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STREET
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3. Typical 100' Right of Way Section
4. 100' Right of Way Section
REFERENCE MAP
AUGUST 2021 I P/ 9
205
-. Shrubs
Groundcoven / Turf
Potential Street Trees
General Use Trf!e s
l
1 Common Name I Scientific NamP
Yarrow Achillea 'Moonshine'
California Ulac Ceanothus sp.
Orchid Rodcrose Clltus x purpureus
Cotoneaster Cotoneaster sp.
African Iris Dietessp.
Gre'IIHlea Grevillea 'NoeMii'
Spanish Lavender Lavandula stoechas
Hairy Awn Muhly Muhlenbergla capillarls
Dwarf Myrtle Myrtus communis 'Compacta'
Oleander Nerium oleander
UttleOmeOl~ Oln europea 'Uttle Onie'
Fountain Grass Pennisetum setaceum
New Zealand Flax Phormium tenax
Mugo Pine Pint.ismugo
India Hawthorne Rhaphlolepl! lnd\ca
Sage Salvia sp.
Bush Germander Teucrium fruticans
Varieeated Society Garlic Tulba&hla v. 'Silver Lace'
Coast Rosemary Westrinela 'Wynyabble Gem'
Manzanita Arctostaphy\0$ 'Emerald Carpet'
Myoporum Myoporum parvifolium
M@xlcan Primrose Oenothera speciosa 'Siskiyou'
90 / 10 active turf fescue grass blend
Common Name Scienhfic Name
Common Hackberry Celtis occidentalis
Mayton tree Maytenus boaria
Chinese Pistache Pistachia chinensis 'Keith Davey'
Coast live Oak Quercus agrifolia
CM\Oak Quercuss.uber
American Linden Tilia am@ricana
Lacebark Elm Ulmus parvifolia 'Allee'
Zelkova Zelkova serrate 'Green Vase'
.. ,wu:s 1ga1 lDw
S1al low
Sgal lDw
5 gal lDw
Sg1I lDw
Sgal Low
Sgal lDw
Sgal lDw
Sgal Low
Sgal lDw
Sgal lDw
lcal lDw
Sgal lDw
Sgal lDw
Sgal Low
Sgal low-Mod
5 gal lDw
1gal lDw
Saal Low
lg1I lDw
lgal lDw
lgal lDw
Seed/Sod High
QUAIL MEADOWS ANDERSON HOMES
1 7
LANDSCAPE
DESCRIPTION
L _J
Plant selections for all project uses will be
native or adapted species well suited to the
climate of the project area, which sits on the
border of Sunset Western Garden Climate
Zones 8-9. The mirumum plant stock sizes
used for landscape installations will be:
-Street Trees -15 gallon
-Shrubs - 1 & 5 gallon
-Groundcover • 1 gallon
---,■••
All plant stock will be nursery grown, conform
to national nursery standards, and be free
of harmful insects. Planting design will
follow City of Los Banos standards; specific
selections and locations of species will be
determined at the landscape improvement
plan stage. However, a sample list of suitable
plants that will potentially be used in the
project landscapes can be found to the left.
15 Gallon
Low
Moderate
Low
Very low
low
Moderate
Moderate
Moderate
REFERENCE MAP
Common Name: Sc ientific Namia I eantomla Buckeye
Strawberry Tree
Eastern Redbud
Desert Willow
Chltalpa
Australlan WIiiow
Flowerine Cherry
Valley Oak
Crape Myrtle
Flowering Crabapple
Purple Robe loeust
Aesculus caltfornlu
Arbutus UMdO
Cercis canadensis
Chllopsis llnearis
Chitalpa tashkentensis
Geijera parviflora
Prunus serrulata
Quercus lobata
laa;erstroemia indica ssp.
Malus floribunda ssp.
Robinia pseudoacacia 'Purple Robe'
1S Gallon
Very Low
lDw
Moderate
Very law
Moderate
Moderate
Moderate
lDw
Low
Moderate
lDw
AUGUST 2021 I P/ 10
206
~
Standard Brushed Concrete Walks
QUAIL MEADOWS l ANDERSON HOMES
i 7 SITE
FEATURES
L EXAMPLES OF SITE FEATURES _J
AUGUST 2021 I P/ 11
207
BEDROOM 2
GREAT ROOM
!! 'Wlfi
l!h:::::::-
MASTER
B~M
2-CAR
GARAGE
QUAIL MEADOWS ANDERSON HOMES
1 QUAIL MEADOW~
ARCHITECTURE:
LTHE LUCIA _J
is the perfect singlestory floor plan for those looking to downsize or make their :first home
purchase. This three-bedroom features
a farmhouse style eat-in-kitchen,
optional island, and a specious great
room with entertainment nook. The
open kitchen features granite slab
kitchen countertops, custom stainless
steel appliances and stunning tile
flooring. The private master suite
features a large walk-in closet, dual
vanity, and shower. Master and guest
bathroom include piedrafina marble
for all vanities. Chrome faucets
and plumbing fixtures add style.
Carpeted areas feature premium stain
and soil resistance system and 5 ¼"
baseboard complete the look. The
Lucia is completed with exceptional
performance and convenient features
such as post tension concrete
foundation, solar system, prewired
for an EV car charger, energy
efficient central air and heat with
an automatic setback thermostat,
QuietCool whole house fan, fire
suppression system, and USB ports.
AUGUST 2021 I Pi 12
208
Md. 910lr
J DINING
!
BE~4/
BEDROOM 3
GREATROOM
Opt.-
MASTER
BEDROCIM
BEDROCIM 2
QUAIL MEADOWS ANDERSON HOMES
I QUAIL MEADows7
ARCHITECTURE:
LTHE A VILA _J
is a spacious and unique
floorplan with four bedrooms and two
bathrooms. The entryway leads to
two separate hallways of bedrooms,
bathrooms and the laundry room,
then pours out to a large great room
and gourmet kitchen featuring shaker
style cabinets, elegant granite slab
kitchen countertops, and stainless
steel appliances. This floorplan 1s
completed with superior features such
as a stainless steel single basin sink,
stylish chrome faucets, hand-set tile
flooring, premium carpet with stain
and soil resistance system, and 5 1/4"
baseboards. The master bedroom is
a delight with a spacious walk-m
closet, p1edrafina marble countertops,
and designer vanity lights. The
Avila is completed with exc
eptional
performance and convenient features
such as post tension concrete
foundation, solar system, prewired
for an EV car charger, energy
efficient central air and heat with
an automatic setback thermostat,
QuietCool whole house fan, fire
suppression system, and USB ports.
AUGUST 2021 I P/ 13
209
9td.911dr :-:.:c:,.... ··. (~~i · .. ..,,. .
..........
GREAT ROOM ~
~ ---••--••---••w- ---~
• ~
DINING
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B.EOIIOOM 4
2-cAR
GARAGE
BEDROOM 2
BEDROOM 5
Conceptual Photoe On~,-
QUAIL MEADOWS ANDERSON HOMES
I QUAIL MEADowil
ARCHITECTURE:
LTHE MONTARA _J
-i;, is a spectacular singlestory with four bedrooms and two bathrooms. The entry-door leads to
a front bedroom with walk-in closet
perfect for an office or guest bedroom
with privacy. The gourmet kitchen
is a chefs delight featuring granite
slab kitchen countertops, kitchen
island, custom stained shaker style
cabinets, stainless steel appliances,
and stunning handset tile flooring.
The private master suite features
a large walk-in closet, dual vanity,
separate shower and soaking tub.
Master and guest bathrooms include
piedrafina marble for all vanities.
Chrome faucets and plumbing
fixtures add style. Carpeted areas
feature a premium stain and soil
resistance system and premium
pad. 5 ¼" baseboards complete the
look. The Montara is completed
with exceptional performance and
convenient features such as post
tension concrete foundation, solar
system, prewired for an EV car
charger, energy efficient central air
and heat with an automatic setback
thermostat, QuietCool whole house
fan, fire suppression system, and USB
ports.
AUGUST 2021 I P/ 14
210
.........
MASTER BEDROOM
~~a;
0. I
1-CAA GARAGE
OpL~.- BEDROOM 3/
LIWfi{cJP'
2-CAR l;ARAGE
.........
FAMILY
NOOK
I . i-e:rd ;,~-
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BEDROOM 4
QUAIL MEADOWS ANDERSON HOMES 1QUAIL MEADOws7
ARCHITECTURE: CHE BIG SUR _J
is our largest singlestory home, featuring many different room options, flexible livmg, and
up to five bedrooms. As you walk
through the covered porch and open
the oversized entry-door a front guest
bedroom with walk-in closet and full
bathroom is situated for privacy.
A formal dining room makes an
impressive statement. The gourmet
kitchen is a chefs delight, featuring
granite slab countertops, kitchen
island, custom stained shaker style
cabinets, stainless steel appliances,
stunning tile flooring and oversized
pantry. The master bedroom features
a private spa-like bathroom with
separate shower and soaking tub,
his and her separate vanities, and a
huge walk-in closet. All bathrooms
include standard piedrafina marble
for vanities. The Big Sur is completed
with exceptional performance and
convenient features such as post
tension concrete foundation, solar
system, prewired for an EV car
charger, energy efficient central air
and heat with an automatic setback
thermostat, QuietCool whole house
fan, fire suppression system, and USB
ports.
AUGUST 2021 I P/ 15
211
l1
c.REAT ROOM DININ<.
~
BEDRDa14 2-<AR-
' '' 1'1lltJf>II
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' ' ' ' '
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1-1 ___________ lb:::, ___JI
'
6EDl'OOM 2
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~-------------- SECOND FLOOR
Cooceplual Photos Only
QUAIL MEADOWS ANDERSON HOMES
1QUAIL MEADOWS7
ARCHITECTURE:
L3HE CAPITOLA _j
I is a two-sto1y home
featuring many unique spaces
including a huge great room, game
room, master retreat, and a large
storage area under the stairs. A firstfloor bedroom and full bathroom off the entry way creates a perfect office
area or private guest bedroom. The
gourmet kitchen is a chefs delight,
featuring granite slab countertops,
custom stained shaker style cabinets,
stainless steel appliances, stunning
handset tile flooring, and a large
cabinet pantry. The large master
bedroom suite features a retreat, a
huge walk-in closet, and a bathroom
with a large vanity, separate
shower, and luxurious soaking tub.
Master and guest bathrooms include
piedrafina for vanities. The Capitola
is completed with exceptional
performance and convenient features
such as post tension concrete
foundation, solar system, prewired
for an EV car charger, energy
efficient central air and heat with
an automatic setback thermostat,
QuietCool whole house fan, fire
suppression system, and USB ports.
AUGUST 2021 I P/ 16
212
3fllCMflMA. ~ I fAMILY IV ! I -----~-
"= •-----C::::::.L- 11 -~
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FIRST FLOOR
-·
SECOND FLOOR
a_~ .,
QUAIL MEADOWS ANDERSON HOMES
1 QUAIL MEADOws7
ARCHITECTURE: CHE SENORA _j
n, ., 1s a unique two-story
house with four bedrooms, three
bathrooms and a three-car tandem
garage. The entryway leads to a
bedroom and bathroom on the first
floor, staircase, and a hallway to the
laundry room and then pours out
into the family room, dining nook,
and kitchen. The gourmet kitchen
features granite slab countertops,
stamless steel appliance package,
beech cabineti-y, stainless steel single
basin sink, spacious pantry, and
hand-set ceramic tile flooring. The
stairway leads you into a loft, master
suite, two additional bedrooms, and
bathroom at the second floor. Thia
fl.oorplan is completed with elegantly
defined interiors such as wall-to-wall
carpeting, raised panel interior doors,
accent windows, hand-set ceramic tile,
walk-in closets, compartmentalized
water closet, designer light
fixtures, piedrafina countertops,
and interior laundry room. Energy
efficient features include central air
conditioning unit, progra=able
setback thermostat, dual pane "low e"
glass windows, water saving showers
and commodes, tankless water heater,
and fire suppression system.
AUGUST 2021 I P/ 17
213
FAMILY
DIMINO
-----------------
[[I IIIOIOOMS HOOK IClff:HIN
--
QUAIL MEADOWS ANDERSON HOMES
I QUAIL MEADowil
ARCHITECTURE:
LTHE WHITNEY _J
is a large single-sto1-y
1loorplan with four bedrooms, three
and a half bathrooms, and a three-car
tandem garage. This house features
a charming courtyard at the front
leading to the main entrance and a
private casita that can serve as either
flex space or a guest suite. The kitchen
features a breakfast nook, granite slab
countertops stainless steel appliance
package, beech cabineti-y, stainless
steel single basin sink, and spacious
pantry. This 1loorplan 1s completed
with elegantly defined interiors such
as raised panel interior doors, accent
windows, hand-set ceramic tile in the
entry, secondary baths, and laundry
room. The master suite features walkin closets, compartmentalized water closet, designer light fixtures over
vanity, and piedrafina countertops.
Energy efficient.features include
central air conditioning unit,
programmable setback thermostat,
dual pane "low e" glass windows,
water saving showers and commodes,
tankless water heater, and fire
suppression system.
AUGUST 2021 I P/ 18
214
,._
, ..... y 00 -I
f\11
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IL,..---------..I :=:ii .----------• ---------- ' '
FIRST FLOOR
e ~
SECOND FLOOR
QUAIL MEADOWS ANDERSON HOMES
1 QUAIL MEADOws7
ARCHITECTURE: CHE SIERRA _J
<:;: is a beautiful two-story
floorplan with three bedrooms, two
and a half bathrooms, flex space,
and a two-car garage. The first floor
consists of a large family room, dining
area, kitchen, powder room, and flex
space that can serve as a den or fourth
bedroom. The master bedroom, two
additional bedrooms, and laundry
room are on the second floor. This
floorplan is completed with elegantly
defined interiors such as wall-to-wall
carpeting, raised panel interior doors,
accent wmdows, and beautiful open
concept gourmet kitchen. The Sierra
features hand-set ceramic tile entry,
secondary baths, and laundry room,
walk-in closets, designer light fixtures
over vanity, piedrafina countertops,
and interior laundry room. Energy
efficient features include central air
conditioning unit, programmable
setback thermostat, dual pane "low e"
glass windows, water saving showers
and commodes, tankless water heater,
and fire suppression system.
AUGUST 2021 I Pi 19
215
2-CAIQAIAOf
('00"1)tu.il l'hol·O!I Onlr
QUAIL MEADOWS ANDERSON HOMES
1 QUAIL MEADOWs7
ARCHITECTURE:
LTHE TAHOE _J
is a charming fourbedroom, two bathroom, two-car
garage floorplan. The entryway spills
out into a gourmet kitchen, dining
area, and family room. The kitchen
features granite slab countertops,
stainless steel appliance package,
beech cabinetry, stainless steel single
basin sink, spacious pantry, and
hand-set ceramic tile flooring. This
fl.oorplan is completed with elegantly
defined interiors such as wall-to-wall
carpetmg, raised panel interior doors,
accent windows, hand-set ceramic tile
at the entry, secondary baths, and
laundry room. The primary bathroom
features, compartmentalized water
closet, designer light fixtures over
vanity, piedrafina countertops
plus a walk-in closet. Energy
efficient features include central air
conditioning unit, programmable
setback thermostat, dual pane "low e"
glass windows, water saving showers
and commodes, tankless water heater,
and fire suppression system.
AUGUST 2021 I Pi 20
216
1-::(~
tlfCHEN
DIN1NG GIEArROOM
2-CAltGAltAG~
!
I
-----------~
FIRST FLOOR
L ____________ II ~ J I i, ,.r1 L-.L.-----------.1.-.J
SECOND FLOOR
QUAIL MEADOWS ANDERSON HOMES
1 THE COTTAGES 7
ARCHITECTURE:
LTHE SOLANA _J
is a very charming
two-story floorplan for the first-time
homebuyer. This home features three
bedrooms, two full bathrooms, and
a laundry closet on the second floor,
and a powder room, great room,
and kitchen on the first floor. The
very open.kitchen features granite
slab kitchen countertops, custom
stained shaker style cabinets,
stainless steel appliances, a walkin pantry, and luxury vinyl plank :flooring. The private master suite
features a large walk-in closet, dual
vanity, and shower. The master and
guest bathroom include piedrafina
marble vanities, chrome plumbing
fixtures, and tile flooring. The
Solana is completed with exceptional
performance and convenient features
such as post tension concrete
foundation, solar system, prewired
for an EV car charger, energy
efficient central air and heat with
an automatic setback thermostat,
Qu1etCool whole house fan, fire
suppression system, and USB ports.
AUGUST 2021 I P/ 21
217
·'t!J
GIEATIOOM DINING [g
2·CA1t GAUGE
W.lC,
FIRST FLOOR
, , l_1 ____ _r_,_ _____ .f-j
SECOND FLOOR
QUAIL MEADOWS ANDERSON HOMES
/'C~
1 THE COTTAGES 7
ARCHITECTURE:
LTHE NEWPORT _]
is a lovely two-story
:floorplan for a growing family with
four bedrooms, two full bathrooms,
and a laundry room on the second
:floor. With the great room, kitchen,
and powder room on the first floor this
plan is perfect for family gathering.
The entryway pours out into a large
gourmet kitchen featuring shaker
style cabinets, elegant granite slab
kitchen countertops, and stainlesssteel appliances. The master suite is a dream with a spacious walkin closet, dual vanity, and shower.
The master and guest bathroom
include piedrafina marble vanities,
chrome plumbing fixtures, and tile
:flooring. The Newport is completed
with exceptional performance and
convenient features such as post
tension concrete foundation, solar
system, prewired for an EV car
charger, energy efficient central air
and heat with an automatic setback
thermostat, QuietCool whole house.
fan, fire suppression system, and USB
ports.
AUGUST 2021 I Pl 22
218
MS11dr
, 1
01 l<ITCI-IEN
o_
d □ DINING
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FIRST FLOOR
ll£DROOM 3
-..
15EDROOM2
SECOND FLOOR
Conceptual l'ho(o, l'h,J,
QUAIL MEADOWS ANDERSON HOMES
1 THE COTTAGES 7
ARCHITECTURE:
LTHE PACIFICA _J
is perfect for large or
multi-generational families! This
spacious home has five bedrooms
and three bathrooms. The first
story features a gourmet kitchen
overlooking the great room and a
bedroom or office with a full bathroom.
The second story is completed with
four bedrooms, two bathrooms, and a
laundry room. The Pacifica mcludes
superior features such as stainlesssteel appliances, stainless steel single basin sink, walk-in pantry, stylish
chrome faucets, luxury vinyl plank
flooring, and premium carpet with
stain and soil resistance system. The
master suite has a spacious walk-in
closet, piedrafina marble countertops,
and designer vanity lights. The
Pacifica is completed with exceptional
performance and convenient features
such as post tension concrete
foundation, solar system, prewired
for an EV car charger, energy
efficient central air and heat with
an automatic setback thermostat,
QuietCool whole house fan, fire
suppression system, and USB ports.
AUGUST 2021 I P/ 23
219
QUAIL MEADOWS ANDERSON HOMES
i 7
LAYOUT
/ ··
~ ■ • II L _J
I \ /..::."i'·U/ ..l .. t i- I" f'-<":i J-,,-f II LEGEND ........... ,--,, \. l ' ' · /'\. V '<; h'\.. I ,_,_,....... I I FDP Boundary
REFERENCE MAP
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AUGUST 2021 I P/ 24
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i 7
UTILITIES
L
LEGEND -
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, ...
•
M
_J
FDP Boundary
Water Line
Sanitary Sewer
Storm Drain
Street Light
Fire Hydrant
Water Valve
Storm Drain
Catch Basin
REFERENCE MAP
AUGUST 2021 I P/ 25
221
THIS PAGE IS INTENTIONALLY LEFT BLANK
222
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING FINAL
DEVELOPMENT PLAN #2021-01 FOR QUAIL
MEADOWS - VILLAGES AT STONECREEK V
WHEREAS, the Los Banos General Plan was adopted in July 2009, and is the guiding document for land use in the City of Los Banos; and WHEREAS, the project site is zoned PD (Planned Development), and Title 9, Chapter 3, Article 4 - Planned Development District of the Los Banos Municipal Code (LBMC) outlines the procedure for establishing development standards within PD districts; and
WHEREAS, the Stonecreek Area Plan was adopted by the City of Los Banos City Council on April 21, 2004; and
WHEREAS, the applicant submitted a Final Development Plan in accordance with the Los Banos Zoning Code Sections 9-3.403 and 9-3.407 on February 17, 2021; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the project was evaluated within the context of the Stonecreek Area Plan Program Environmental Impact Report (EIR), certified by the City of Los Banos on April 21, 2004. Staff has determined that the proposed project was adequately described, examined, and evaluated in the EIR, and that no significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the EIR; and WHEREAS, the Los Banos Planning Commission held a public hearing on December 8, 2021, for the purpose of considering the Project and at the completion of the public hearing, duly considered the evidence presented and recommended approval to the Los Banos City Council; and
WHEREAS, the City Council of the City of Los Banos scheduled and duly noticed a public hearing in accordance with California Government Code Section 65091 by advertisement and notices by mail to property owners within a 300 foot radius of the project boundaries on May 6, 2022 to consider and take testimony regarding these matters on May 18, 2022.
WHEREAS, at the May 18, 2022, City Council meeting the Los Banos City Council heard and considered testimony, if any, of all persons desiring to be heard; reviewed the Project Final Development Plan and staff report; studied the compatibility of the applicant's request with adjacent land uses; has considered the applicant's request in accordance with the Final Development Plan criteria established in Title 9, Chapter 3, 1 223
Article 4 of the Los Banos Municipal Code; and
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos does hereby make the findings set forth in Exhibit A (CEQA Findings), and Exhibit B (Findings of Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Final Development Plan #2021-01 for Quail Meadows - Villages at Stonecreek V, located in the southwestern portion of the City and is generally located south of West Pacheco Boulevard, west of Dock Avenue, and east of the city limit line, more specifically identified as Assessor's Parcel Numbers: 430-010-024, 026, 027, 028, 035, and 430-103-004.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2018, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria 111, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 224
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR FINAL DEVELOPMENT PLAN #2021-01 - QUAIL MEADOWS - VILLAGES AT
STONECREEK V
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos Planning Commission hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the project was evaluated within the context of the Stonecreek Area Plan Program Environmental Impact Report (EIR) (SCH #2002061015), certified by the City of Los Banos on April 21, 2004;
2. The EIR was adequately noticed, circulated for public review, considered at public hearings, and duly certified by the Los Banos City Council;
3. The Project will have significant and unavoidable impacts on prime agricultural lands for which no feasible mitigation measures are available, but specific overriding economic, legal, and social benefits of the project outweigh the adverse environmental effects, and a Statement of Overriding Considerations was adopted when the Stonecreek Area Plan EIR was certified;
4. The Project will have significant and unavoidable impacts on air quality and although all feasible mitigation measures that are available have been applied, a significant impact remains; but specific overriding economic, legal, and social benefits of the project outweigh the adverse environmental effects, and a Statement of Overriding Considerations was adopted when the Stonecreek Area Plan EIR was certified;
5. The City determined that the Stonecreek Area Plan could have a significant effect on the environment, however, all potentially significant effects were analyzed adequately in the EIR, and mitigation measures presented in the Stonecreek Area Plan EIR have been included as conditions of project approval, and will reduce potentially significant impacts, other than those on prime farmland and air quality, to a less than significant level;
6. The proposed project was adequately described, examined, and evaluated in the Stonecreek Area Plan EIR.
7. The StonecreekArea Plan EIR contemplated a build-out of 1,868 residential units within the Stonecreek Area Plan, the proposed project will bring 3 225
cumulative residential development within the area plan thus far to 1,281 units, and therefore, the proposed project is within the development density anticipated in the Stonecreek Area Plan and EIR;
8. No significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the EIR;
10. No further environmental documentation is required because the proposed project was contemplated and adequately analyzed in the EIR;
11. The project was adequately noticed on September 10, 2021, and considered at a public hearing on September 22, 2021, October 13, 2021, October 27, 2021, November 10, 2021, and December 8, 2021;
13. The project will be subject to the applicable mitigation measures presented in the EIR;
14. The City will monitor the implementation of mitigation measures in accordance with the Stonecreek Area Plan Mitigation Monitoring Program; and
15. The EIR and the CEQA findings for the EIR are incorporated herein by reference.
4 226
EXHIBIT B
FINDINGS FOR APPROVAL OF FINAL DEVELOPMENT PLAN #2021-01 - QUAIL
MEADOWS - VILLAGES AT STONECREEK V
The City of Los Banos City Council hereby finds as follows:
1. The Los Banos General Plan was adopted by the City in July 2009 and the East Los Banos Area Plan was prepared pursuant to the Los Banos General Plan and adopted by the City on April 21, 2004.
2. The proposed project is consistent with the City of Los Banos General Plan "Low Density Residential" and "Medium Density Residential" land use designations for the site, and with the revised Stonecreek Area Plan "Planned Development" designation for the site.
3. The project, as conditioned, complies with the provisions of the City's Zoning Ordinance, and includes a Final Development Plan to implement the Planned Development designation pursuant to the requirements of the Los Banos Municipal Code section 9-3.403 and 9-3.407.
4. The conceptual architectural renderings and schematic building designs, landscape and lighting designs, and other designs presented in the Final Development Plan, as conditioned, substantially conform to the requirements of the City's Residential Design Guidelines.
5. The proposal will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City. The project will enhance the surrounding area and offer the surrounding community choices for housing and recreation.
6. The designs of the Final Development Plan, as conditioned, are consistent with the General Plan and Stonecreek Area Plan goals, policies, and programs, and that the project density and development intensity are consistent with the General Plan and Stonecreek Area Plan land use designations for the site.
7. The project will provide adequate pedestrian and bicycle routes within the project, and, as conditioned, to nearby destinations including schools. 5 227
EXHIBIT C
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2021-01 - QUAIL
MEADOWS - VILLAGES AT STONECREEK V
General:
1. All development shall be consistent with the Final Development Plan, reflecting any conditions of approval or amendments approved by the Los Banos City Council, which includes: the Vesting Tentative Tract Map, the land use type, pedestrian and vehicular access, architectural design, parks, open space, and recreation, public facilities, services, and infrastructure, and phasing plan.
2. Building Master Plans shall be consistent with the Final Development Plan and approved by the Community and Economic Development Department and Building Department prior to issuance of a building permit.
Lighting:
3. All street lighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.
Architecture and Physical Design:
4. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.
5. The monotony of straight building lines shall be alleviated by varying the size of individual buildings, staggering the front yard setbacks, varying exterior building materials and colors, articulating building facades, and utilizing extensive landscaping.
6. The variation in setbacks, unit placement, and materials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.
7. The minimum front yard setback for front-loading garages shall be 20' and sideloading garages shall be 15'. The minimum setback to living areas shall be 15' from the front yard property line. The minimum front yard setback to porches shall be 10'.
8. The minimum side-yard setback for R-1 interior lots shall be 5'; standard corner lots shall be a minimum of 1 0' from the property line on the street side; and reverse corner lots shall be minimum of 15' from the property line on the street side.
6 228
9. The minimum side yard setback for R-2 interior lots shall be 5'; standard corner lots shall be a minimum of 1 0' from the property line on the street side; and reverse corner lots shall be a minimum of 1 0' from the property line on the street side.
10. The minimum rear-yard setback shall be 1 0' for single story units and 20' for multi-story units.
11. The typical architecture and plot plans set forth in the Final Development Plan are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.
12. To protect privacy, building placement that offsets side-facing second-story bedroom windows at adjacent houses shall be required.
13. Residential dwelling units shall not exceed 30 feet in height.
14. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.
15. If parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-
3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.
Physical Amenities:
16. The developer shall provide the same decorative lighting as provided in Villages at Stonecreek IV Subdivision throughout the project site.
17. Enhanced pedestrian treatments shall be provided at the entrance points of the subdivision, which include Solimar Drive, Bermuda Lane, Mariposa Drive at Pioneer Connector Road, and Stonecreek Boulevard at Pioneer Connector Road. Such treatments shall include but are not limited to stamped concrete or pavers as approved by the Community and Economic Development Director.
18. The developer shall install a six-foot high decorative masonry wall along Stonecreek Boulevard and the east side of Pacheco/ Pioneer Connect Street within the non-access strip at the rear of private properties.
Landscaping:
19. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.
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20. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.
21. The developer shall comply with the current development standards for drains, to include all landscaping and related irrigation systems. The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.
22. Landscape plans for each residential front yard shall utilize drought tolerant plantings. The developer shall be required to follow local and State mandates regarding water conservation and water efficiency. Once the City adopts a new water efficient landscape ordinance, the developer shall be required to follow the new ordinance requirements. Landscaping shall be installed prior to Certificate of Occupancy.
23. Each dwelling unit shall have a 3-foot concrete sidewalk provided from the garage to the side yard man door with ample space to store 3 refuse toters behind the fence and out of the view of the public right-of-way. 8 230
EXHIBITD
Stonecreek Area Plan
Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project.
The attached list is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report.
Monitoring Program Procedures
The City of Los Banos shall use the attached monitoring list for the proposed project. The monitoring program should be implemented as follows:
1. The Los Banos Planning Department should be responsible for coordination of the monitoring program, including the monitoring list. The Planning Department should be responsible for completing the monitoring list and distributing the list to City of Los Banos 1
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the responsible individuals or agencies for their use in monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring list have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring list to the Planning Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring list should not be returned to the Planning Department.
3. The Los Banos Planning Department will review the list to ensure that appropriate mitigation measures included in the monitoring list have been complied with at the appropriate time. Compliance with mitigation measures is required for project approvals.
4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period, construction may be halted and fines may be imposed at the discretion of the City of Los Banos.
Each mitigation measure requires full or partial implementation at one or more of the following points in the development process:
o Prior to approval of tentative or final maps;
o Prior to approval of improvement plans;
o Prior to approval of revegetation plan for the environmental reserve; o Prior to approval of demolition permits;
o Prior to approval of grading permits;
o Prior to approval of building permits.
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Mitigation Measure Checklist
Prior to approval of tentative or final maps
2. Subject to the review and approval of the City of Los Banos Planning Department, future development within the proposed project shall integrate the following design features:
Carefully selected and located trees shall be planted to provide shade for structures and pathways during the hot summer months. Deciduous trees should be favored since they provide shade in the summer and allow sun to reach residences during cold and winter months. This measure should be focused on the southern and western exposures of buildings and pathways.
• All new buildings shall incorporate the following energy conserving features: increased wall and ceiling insulation (beyond code requirements), super-insulated windows (triple-pane, low e, and/ or argon-filled), maximum use of energy efficient lighting including the provision of compact fluorescent bulbs in all fixtures with standard screw bases, Energy Star rated appliances, and solar assisted water heating.
• Buildings shall be oriented to maximize passive solar cooling and heating when practicable. • Gas-fired appliances shall be low NOx emitting gas fired appliances complying with California NOx Emission Rule #1121.
• Natural gas (if provided) and electrical outlets shall be included in the backyard or patio areas of residential units to encourage the use of gas and/ or electric barbecues.
Electrical outlets shall be installed on the exterior of residential units to encourage use of electrical landscape maintenance equipment.
Improvements shall be made or planned to encourage transit use when it becomes available.
Appropriate easements shall be reserved to accommodate sheltered loading areas. Examples of improvements include the development of bus turnouts, and pedestrian paths efficiently connecting bus stops to commercial and residential areas. The project proponent shall consult with Merced County Transit to determine a feasible route or routes to serve the proposed project, and include appropriate physical improvements on that route or routes.
The applicant shall work with Caltrans to identify an appropriate location for a park and ride/ride share facility.
Pedestrian and bicycle access paths (or quiet residential streets) shall be designed and constructed throughout as much of the project area as possible to provide direct and convenient connections to all nearby open space areas, parks, schools, commercial areas, etc. to encourage walking and bicycling. In residential areas, at least one day-lighted cul-de-sac or other pedestrian access should be provided to adjacent arterial and collector streets between each arterial or collector street intersection, preferably located to make efficient connections to crosswalks at intersections and/ or leading to schools or shopping areas. In the single-family residential areas, access shall be provided to the adjacent Wal Mart shopping center, Villages residential development, elementary school, park, and linear park.
An enhanced bicycle/pedestrian connection (which could be a path or a directly connecting road) shall be provided to connect the proposed project to the adjacent neighborhood to the east at Sandra Street.
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The Linear Park bicycle path shall be constructed to provide a crossing of Pacheco Boulevard by either 1) under-crossing or bridge at Los Banos Creek with a connection to Pacheco Boulevard on the north side, or 2) surface crossing at Badger Flat Road with a signal actuation device and signal phasing developed to reduce conflicts with turning traffic.
Bicycle racks shall be provided at all commercial and institutional uses.
Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
15. Prior to recording the final maps and declarations relating to the establishment of a State-certified homeowners' association for residential subdivisions, Covenants, Codes and Restrictions shall be prepared for the subdivision and shall require disclosure to homeowners of potentially sensitive wildlife resources occurring in the vicinity, and habitat protection measures implemented as part of the development.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
22. The City of Los Banos shall not permit construction of uses within Merced County Airport Land Use Compatibility Plan Zone 3 that are not compatible with Zone C. If the City determines not to relocate the airport, the area plan shall be amended prior to development of these locations to include uses that are compatible with Zone 3. If the airport is not relocated, adoption of the alternative land use plan would eliminate this restriction.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect City of Los Banos 4
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Monitoring Notes and Status:
28. No building permits shall be issued for buildings on the portion of the project site south of Cardoza Road and Badger Flat Loop Road, without written evidence from the City of Los Banos Fire Chief that the City of Los Banos Fire Department can serve the development within acceptable response times.
Construction and operation of a fire station within the project site shall be considered adequate evidence and written evidence will not then be required. o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, Los Banos Fire Department, State Architect
Monitoring Notes and Status:
29. The Area Plan shall include Class 2 bike lanes or a Class 3 bike route with a wide outside lane on Badger Flat Road and Badger Flat Loop Road. Intersections with Badger Flat Road and Badger Flat Loop Road shall be minimized on the side with the Class I bike path. All bicycle facilities should be designed and built in conformance with the Los Banos Commuter Bike Plan. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
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Prior to approval of improvement plans
2. Subject to the review and approval of the City of Los Banos Planning Department, future development within the proposed project shall integrate the following design features:
Carefully selected and located trees shall be planted to provide shade for structures and pathways during the hot summer months. Deciduous trees should be favored since they provide shade in the summer and allow sun to reach residences during cold and winter months. This measure should be focused on the southern and western exposures of buildings and pathways.
• All new buildings shall incorporate the following energy conserving features: increased wall and ceiling insulation (beyond code requirements), super-insulated windows (triple-pane, low e, and/or argon-filled), maximum use of energy efficient lighting including the provision of compact fluorescent bulbs in all fixtures with standard screw bases, Energy Star rated appliances, and solar assisted water heating.
Buildings shall be oriented to maximize passive solar cooling and heating when practicable.
Gas-fired appliances shall be low NOx emitting gas fired appliances complying with California NOx Emission Rule # 1121.
• Natural gas (if provided) and electrical outlets shall be included in the backyard or patio areas of residential units to encourage the use of gas and/ or electric barbecues.
Electrical outlets shall be installed on the exterior of residential units to encourage use of electrical landscape maintenance equipment.
Improvements shall be made or planned to encourage transit use when it becomes available.
Appropriate easements shall be reserved to accommodate sheltered loading areas. Examples of improvements include the development of bus turnouts, and pedestrian paths efficiently connecting bus stops to commercial and residential areas. The project proponent shall consult with Merced County Transit to determine a feasible route or routes to serve the proposed project, and include appropriate physical improvements on that route or routes. • The applicant shall work with Caltrans to identify an appropriate location for a park and ride/ride share facility.
• Pedestrian and bicycle access paths (or quiet residential streets) shall be designed and constructed throughout as much of the project area as possible to provide direct and convenient connections to all nearby open space areas, parks, schools, commercial areas, etc. to encourage walking and bicycling. In residential areas, at least one day-lighted cul-de-sac or other pedestrian access should be provided to adjacent arterial and collector streets between each arterial or collector street intersection, preferably located to make efficient connections to crosswalks at intersections and/ or leading to schools or shopping areas. In the single-family residential areas, access shall be provided to the adjacent Wal Mart shopping center, Villages residential development, elementary school, park, and linear park. • An enhanced bicycle/pedestrian connection (which could be a path or a directly connecting road) shall be provided to connect the proposed project to the adjacent neighborhood to the east at Sandra Street.
• The Linear Park bicycle path shall be constructed to provide a crossing of Pacheco Boulevard by either I) under-crossing or bridge at Los Banos Creek with a connection to Pacheco Boulevard on the north side, or 2) surface crossing at Badger Flat Road with a signal actuation device and signal phasing developed to reduce conflicts with turning traffic.
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Stonecreek Area Plan Mitigation Monitoring Program
Bicycle racks shall be provided at all commercial and institutional uses. • Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
5. Developers of future projects on the project site shall demonstrate the following to the satisfaction of the Public Works Director:
a. Compliance with the City of Los Banos grading regulations; b. Development of an erosion control plan that will prevent the discharge of sediment into natural creeks/ canals;
c. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; d. Development of a plan to meet state water quality standards as determined by the California Regional Water Quality Control Board;
e. Development of a plan to employ best management practices (BMPs) that reduce the level of pollutants discharged into natural waterways and wetlands.
These specifications shall be included in the final improvement plans and/ or grading plans for each project.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Works Department Monitoring Notes and Status:
14. Subject to the review and approval of the Los Banos Public Services Department, a signage, lighting, and fencing plan shall be prepared for the environmental reserve and open space to outline the number and location of signs, lights, and fences, the language to be included on signs, and a City of Los Banos 7
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maintenance program for the signs and fences, to prohibit people and dogs from entering the environmental reserve. The fencing shall be designed to complement the natural area. Lighting shall be low in stature and directed away from Los Banos Creek. The plan shall require signs and fences to be installed prior to occupancy.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Services Department Monitoring Notes and Status:
19. The applicant for any development project shall incorporate soil erosion control measures into plans for site preparation and construction activities prior to approval of final improvement plans by the City of Los Banos. These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads;
c. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
d. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; e. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
f. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and g. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
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Stonecreek Area Plan Mitigation Monitoring Program
20. Prior to the development of sensitive uses (ie: houses, schools, parks, day care, or other uses in which persons may contact soils), a Phase I environmental assessment shall be prepared to determine if soils may contain hazardous materials. If necessary, a remediation plan shall be created and implemented. For schools and day care centers, a Phase I environmental assessment shall be required at any location on the project site.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
23. Subject to the review and approval of the Los Banos Planning Department, residential development plans for the project site shall include sound attenuation meeting the following criteria:
Along Pioneer Road a sound wall of at least six feet, and up to 11 feet if acceptable to the City, shall be provided;
• Along the State Highway 152 bypass, a sound wall of at least five feet, and up to 10 feet if acceptable to the City, shall be provided;
Along Badger Flat Loop Road, south of Pacheco Boulevard, a sound wall of at least seven feet, and up to 12 feet if acceptable to the City, shall be provided; Along Badger Flat Road west of Cardoza Road, a sound wall of at least five feet, and up to eight feet if acceptable to the City, shall be provided;
• Along Badger Flat Road between Cardoza Road and Pacheco Boulevard, a sound wall of at least seven feet, and up to 12 feet if acceptable to the City, shall be provided; • Along Ortigalita Road between Cardoza Road and Pioneer Road, a sound wall of at least six feet, and up to 10 feet if acceptable to the City, shall be provided. • Windows and sliding glass doors in facades of homes with a direct line-of-sight to Badger Flat Road or Badger Flat Loop Road, and within 80 feet of the roadway centerline, shall be sound rated to STC-33, and alternate ventilation provided;
Windows and sliding glass doors with a direct line-of-sight to Ortigalita Road or Pioneer Road, and within 80 feet of the roadway centerline, shall be sound rated to STC-29, and alternate ventilation provided;
• Houses with windows and sliding glass doors with a direct line-of-sight to the State Highway 152 bypass or Cardoza Road shall have alternative ventilation provided; and City of Los Banos 9
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Stonecreek Area Plan Mitigation Monitoring Program
Further noise study shall be required to determine standards for housing within the neighborhood commercial areas with windows or sliding glass doors with a direct line of sight to Pacheco Boulevard.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
24. Classrooms and school offices shall be located no closer than 80 feet from the center line of Ortigalita Road or Pioneer Road. Windows in school buildings with direct line of sight to Pioneer Road or Ortigalita Road shall be sound-rated to STC 29 and alternate ventilation provided.
Playgrounds and fields shall be located behind buildings, out of direct line of sight of Ortigalita Road and Pioneer Road.
o Implementation Complete
Party Responsible for Implementation: LBUSD
Party Responsible for Monitoring: State Architect
Monitoring Notes and Status:
29. The Area Plan shall include Class 2 bike lanes or a Class 3 bike route with a wide outside lane on Badger Flat Road and Badger Flat Loop Road. Intersections with Badger Flat Road and Badger Flat Loop Road shall be minimized on the side with the Class 1 bike path. All bicycle facilities should be designed and built in conformance with the Los Banos Commuter Bike Plan. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
30. The project proponent shall secure appropriate encroachment permits from the State Department of Transportation (Caltrans), Merced County, and the City of Los Banos, as applicable, prior to City of Los Banos 10
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construction of off-site sewer and storm drainage lines. A traffic mitigation plan shall be developed and approved by Caltrans and Merced County Public Works, as appropriate, to maintain peak hour traffic operations at no less than LOS D, and may include limitations on hours and/or days of construction, requirements for flagging and advanced signage, and proposed detours. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with Caltrans)
Monitoring Notes and Status:
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Prior to approval of revegetation plan for the environmental reserve
6. If revegetation is conducted within the environmental reserve, plantings shall include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifolia), and native grasses, and shall not include plantings of non-native species. Significant numbers of blue elderberry shall be planted in the environmental reserve to enhance habitat for the valley elderberry longhorn beetle, but in areas no less than 20 feet from the open space and trail area, to reduce potential for future disturbance of beetles by trail and open space users. Trash (pipes, scrap wood, etc.) shall be removed as part of habitat restoration along this section of Los Banos Creek. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
7. Prior to initiation of habitat restoration within 100 feet of the Los Banos Creek banks a survey for blue elderberry plants shall be prepared by a qualified biologist. Prior to construction of improvements that are located within 100 feet ofblue elderberry shrubs, consultation with the U.S.
Fish and Wildlife Service (USFWS) shall be required to determine whether incidental take authorization is required, and to establish appropriate avoidance and minimization measures to be implemented to ensure that blue elderberry plants, and thus, potential habitat for valley elderberry longhorn beetle, are protected. Avoidance and minimization measures identified by USFWS may include, but not be limited to, measures identified in the Mitigation Guidelines for the Valley Elderberry Longhorn Beetle (USFWS 1996).
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with United States Fish and Wildlife Service)
Monitoring Notes and Status:
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Prior to approval of demolition permits
4. Prior to issuance ofa demolition permit or demolition associated with a building permit, the project proponent shall have an asbestos survey completed by a qualified practitioner in accordance with the regulation of the National Emission Standards for Hazardous Air Pollutants and the San Joaquin Valley Air Pollution Control District. If asbestos is discovered in the structures, a work plan shall be developed and implemented to remove and dispose of the asbestos containing materials in accordance with the established regulations. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
21. Prior to issuance of a demolition permit, the project proponent shall have a lead survey completed by a qualified practitioner in accordance with the applicable regulations. The lead survey shall include an assessment of lead in building materials and in soils adjacent to the structure. If measured lead levels in or adjacent to a structure exceed established thresholds, a work plan shall be developed and implemented to remove and dispose of the lead-containing materials in accordance with the established regulations.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
City of Los Banos 13
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Prior to approval of grading permits
3. Dust control requirements shall be included in all construction contract specifications. These construction contract specifications shall include the following San Joaquin Valley Unified Air Pollution Control District Regulation VIII, Rule 8020 fugitive dust mitigation requirements for the control of fine particulate matter (PM10) from construction activities.
All disturbed areas of a construction site, including storage piles of fill dirt and other bulk materials, which are not being actively utilized for construction purposes for a period of seven calendar days or more, shall be stabilized using one or more of the following approved soil stabilization methods to effectively limit visible dust emissions. Disturbed areas shall be stabilized for the duration of the construction activity or until construction work resumes on the inactive disturbed area.
◊ Where water is used as the dust suppressant, watering shall be applied to effectively limit visible dust emission;
◊ Where a chemical dust stabilizer or suppressant is utilized, the stabilizer or suppressant shall be applied to effectively limit visible dust emissions; ◊ Where planting of trees and vegetative ground cover is utilized, vegetation shall be planted in sufficient density and watered with sufficient frequency to effectively stabilize the disturbed area and limit visible dust emissions; or ◊ Where soil moisture or natural crusting is sufficient to limit visible dust emission, no action is required.
All operations shall effectively limit visible dust emissions from on-site unpaved roads and off-site unpaved access roads. Road stabilization shall be maintained for the duration of construction. Where soil moisture is sufficient, no action is required. Traffic speed shall be limited to 15 miles per hour over unpaved surfaces.
No person shall undertake any land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill operations, or demolition activities, without utilizing appropriate dust control measures during the land preparation, demolition, excavation or extraction.
Appropriate dust control measures may consist of the effective application of water or presoaking. Excavation and grading shall be suspended when winds exceed 20 miles per hour.
Internal combustion engines shall be maintained in proper operating condition, and idling shall be limited to 10 minutes in duration.
All operations shall limit or expeditiously remove the accumulation of mud or dirt from public paved roads, including shoulders, adjacent to the site. Removal activities must comply with local requirements and procedures. Wheel washers shall be used for trucks leaving the project site.
The use of dry rotary brushes for removal of deposited mud/ dirt carryout from a paved road shall be prohibited, except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices for removal of deposited mud/ dirt carryout from subject paved roads shall be prohibited.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
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Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
5. Developers of future projects on the project site shall demonstrate the following to the satisfaction of the Public W arks Director:
a. Compliance with the City of Los Banos grading regulations; b. Development of an erosion control plan that will prevent the discharge of sediment into natural creeks/canals;
c. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; d. Development of a plan to meet state water quality standards as determined by the California Regional Water Quality Control Board;
e. Development of a plan to employ best management practices (BMPs) that reduce the level of pollutants discharged into natural waterways and wetlands.
These specifications shall be included in the fmal improvement plans and/ or grading plans for each project.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Works Department Monitoring Notes and Status:
8. Subject to the review of the· Los Banos Planning Department, no earlier than 30 days prior to commencement of grading or construction activities on the project site, a field survey shall be conducted by a qualified biologist to determine if active kit fox dens are located on or within 150 meters (approximately 500 feet) of the project site. If an active kit fox den is detected within the survey area, the USFWS will be contacted immediately to determine the best course of action. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with United States Fish and Wildlife Service)
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Monitoring Notes and Status:
10. Prior to approval of grading or building permits for development on the project site, if the project site has remained fallow and reverted to grassland vegetation, the following measures shall be required, subject to the review and approval of the Los Banos Planning Department:
a. A pre-construction survey shall be conducted by a qualified biologist for burrowing owls within 30 days of the on-set of construction according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFG 1995).
b. If pre-construction surveys undertaken during the breeding season (February through July) locate active nest burrows within or near construction zones, these nests, and an appropriate buffer around them (as determined by a qualified biologist) must remain off-limits to construction until the breeding season is over. The CDFG recommends setbacks from occupied nest burrows of 100 meters where construction will result in the loss of foraging habitat.
c. During the non-breeding season (August through January), resident owls may be relocated to alternative habitat. The relocation of resident owls must be according to a relocation plan prepared by a qualified biologist in consultation with the California Department of Fish and Game. Passive relocation is the preferred method of relocation. This plan must provide for the owl's relocation to nearby lands possessing available nesting and foraging habitat. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with California Department of Fish and Game)
Monitoring Notes and Status:
11. Prior to approval the grading or building permits for the proposed project, the project applicant shall conduct Swainson's hawk nesting surveys subject to the review and approval of the City of Los Banos Planning Department and the Department of Fish and Game. The surveys shall be conducted according to the recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley. Based on the Swainson's hawk survey findings, the biologist shall recommend mitigation to avoid impacts to Swainson's Hawk, if any, and may include but not be limited to, the following mitigation measures recommended in the Staff Report regarding Mitigation for Impacts to the Swainson's Hawks in the Central Valley of California:
a. No intensive new disturbances or other project related activities which may cause nest abandonment or forced fledging, should be initiated within one-quarter mile (buffer zone) of an active nest between March 1 and September 15 or until August 15 if a Management Authorization or Biological Opinion is obtained for the project. The buffer should be City of Los Banos 16
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increased to one-half mile in nesting areas away from urban development (i.e. in areas where disturbance is not normal occurrence during the nesting season). Nest trees should not be removed unless there is no feasible way of avoiding it. If a nest tree must be removed, a Management Authorization (including conditions to off-set the loss of the nest tree) must be obtained with the tree removal period specified in the Management Authorization, generally October I to February I. If construction or other project related activities that may cause nest abandonment or forced fledging are necessary within the buffer zone, monitoring of the nest site (funded by the project proponent) by a qualified biologist (to determine if the nest is abandoned) should be required. If it is abandoned and if the nestling(s) are still alive, the project sponsor shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine facility maintenance activities within one-quarter mile of an active nest should not be prohibited.
b. Hacking as a substitute for avoidance of impacts during the nesting period may be used in unusual circumstances after review and approval of a hacking plan by Environmental Service Division and Wildlife Management Division. Proponents who propose using hacking will be required to fund the full costs of the effort, including any telemetry work specified by the Department.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with California Department of Fish and Game)
Monitoring Notes and Status:
12. Subject to the review of the City of Los Banos, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/ or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence ofa second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March I and August 1, no further surveys of the tree shall be required. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
City of Los Banos 17
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Stonecreek Area Plan Mitigation Monitoring Program
16. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to grading permits for future development, subject to the review and approval of the Los Banos Planning Department:
If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
17. During initial grading or excavation activities on the former Silva Ranch site (west of the commercial building property along Pacheco Boulevard), the project proponent shall arrange for monitoring by a qualified professional archeologist, and shall submit a certified archeological report describing the monitoring, any resources found, their archeological value, and disposition. o Implementation Complete
Party Responsible for Implementation: Applicant (Silva Ranch site only) Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
18. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.S(e):
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human City of Los Banos 18
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Stonecreek Area Plan Mitigation Monitoring Program
remains until the coroner of Merced County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
19. The applicant for any development project shall incorporate soil erosion control measures into plans for site preparation and construction activities prior to approval of final improvement plans by the City of Los Banos. These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads;
c. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
d. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; e. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
f. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and City of Los Banos 19
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g. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Public Works Department Monitoring Notes and Status:
City of Los Banos 20
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Stonecreek Area Plan Mitigation Monitoring Program
Prior to approval of building permits
2. Subject to the review and approval of the City of Los Banos Planning Department, future development within the proposed project shall integrate the following design features:
Carefully selected and located trees shall be planted to provide shade for structures and pathways during the hot summer months. Deciduous trees should be favored since they provide shade in the summer and allow sun to reach residences during cold and winter months. This measure should be focused on the southern and western exposures of buildings and pathways.
All new buildings shall incorporate the following energy conserving features: increased wall and ceiling insulation (beyond code requirements), super-insulated windows (triple-pane, low e, and/or argon-filled), maximum use of energy efficient lighting including the provision of compact fluorescent bulbs in all fixtures with standard screw bases, Energy Star rated appliances, and solar assisted water heating.
Buildings shall be oriented to maximize passive solar cooling and heating when practicable.
Gas-fired appliances shall be low NOx emitting gas fired appliances complying with California NOx Emission Rule #1121.
Natural gas (if provided) and electrical outlets shall be included in the backyard or patio areas of residential units to encourage the use of gas and/ or electric barbecues.
Electrical outlets shall be installed on the exterior of residential units to encourage use of electrical landscape maintenance equipment.
• Improvements shall be made or planned to encourage transit use when it becomes available.
Appropriate easements shall be reserved to accommodate sheltered loading areas. Examples of improvements include the development of bus turnouts, and pedestrian paths efficiently connecting bus stops to commercial and residential areas. The project proponent shall consult with Merced County Transit . to determine a feasible route or routes to serve the proposed project, and include appropriate physical improvements on that route or routes. • The applicant shall work with Caltrans to identify an appropriate location for a park and ride/ ride share facility.
Pedestrian and bicycle access paths (or quiet residential streets) shall be designed and constructed throughout as much of the project area as possible to provide direct and convenient connections to all nearby open space areas, parks, schools, commercial areas, etc. to encourage walking and bicycling. In residential areas, at least one day-lighted cul-de-sac or other pedestrian access should be provided to adjacent arterial and collector streets between each arterial or collector street intersection, preferably located to make efficient connections to crosswalks at intersections and/ or leading to schools or shopping areas. In the single-family residential areas, access shall be provided to the adjacent Wal Mart shopping center, Villages residential development, elementary school, park, and linear park.
An enhanced bicycle/pedestrian connection (which could be a path or a directly connecting road) shall be provided to connect the proposed project to the adjacent neighborhood to the east at Sandra Street.
• The Linear Park bicycle path shall be constructed to provide a crossing of Pacheco Boulevard by either 1) under-crossing or bridge at Los Banos Creek with a connection to Pacheco Boulevard on the north side, or 2) surface crossing at Badger Flat Road with a signal actuation device and signal phasing developed to reduce conflicts with turning traffic.
City of Los Banos 21
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Stonecreek Area Plan Mitigation Monitoring Program
Bicycle racks shall be provided at all commercial and institutional uses.
Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase.
o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
8. Subject to the review of the Los Banos Planning Department, no earlier than 30 days prior to commencement of grading or construction activities on the project site, a field survey shall be conducted by a qualified biologist to determine if active kit fox dens are located on or within 150 meters (approximately 500 feet) of the project site. If an active kit fox den is detected within the survey area, the USFWS will be contacted immediately to determine the best course of action. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with United States Fish and Wildlife Service)
Monitoring Notes and Status:
9. Prior to commencement of construction activities and subject to review and approval by the Los Banos Planning Department, the project applicant shall arrange for a qualified biologist to inform workers of the potential presence of San Joaquin kit fox, their protected status, work boundaries, and measures to be implemented to avoid loss of these species during construction activities.
Avoidance and minimization measures may include, but not be limited to, measures identified in the U. S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance (VSFWS 1999) including the following measures:
a. Any trench or pit deeper than two feet shall include ramps of either fill or planks to prevent kit fox from becoming trapped in the trench or pit.
b. Pipes, culverts, and other hollow materials greater than four inches in diameter shall be stored in a manner that will prevent kit foxes from using these materials as temporary refuge. In addition, these materials shall be inspected for kit foxes daily, prior to the onset of construction activities.
City of Los Banos 22
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c. During construction act1v1t1es, all food-related trash items shall be enclosed in sealed containers and regularly removed from the project site to avoid attracting wildlife to the project site, and pets shall not be allowed on the construction site. The proper location of the trash containers shall be subject to the review and approval of the Los Banos Planning Department.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
10. Prior to approval of grading or building permits for development on the project site, if the project site has remained fallow and reverted to grassland vegetation, the following measures shall be required, subject to the review and approval of the Los Banos Planning Department:
a. A pre-construction survey shall be conducted by a qualified biologist for burrowing owls within 30 days of the on-set of construction according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFG 1995).
b. If pre-construction surveys undertaken during the breeding season (February through July) locate active nest burrows within or near construction zones, these nests, and an appropriate buffer around them (as determined by a qualified biologist) must remain off-limits to construction until the breeding season is over. The CDFG recommends setbacks from occupied nest burrows of 100 meters where construction will result in the loss of foraging habitat.
c. During the non-breeding season (August through January), resident owls may be relocated to alternative habitat. The relocation of resident owls must be according to a relocation plan prepared by a qualified biologist in consultation with the California Department of Fish and Game. Passive relocation is the preferred method of relocation. This plan must provide for the owl's relocation to nearby lands possessing available nesting and foraging habitat. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with State Department of Fish and Game)
Monitoring Notes and Status:
11. Prior to approval the grading or building permits for the proposed project, the project applicant shall conduct Swainson's hawk nesting surveys subject to the review and approval of the City of City of Los Banos 23
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Stonecreek Area Plan Mitigation Monitoring Program
Los Banos Planning Department and the Department of Fish and Game. The surveys shall be conducted according to the recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley. Based on the Swainson's hawk survey findings, the biologist shall recommend mitigation to avoid impacts to Swainson's Hawk, if any, and may include but not be limited to, the following mitigation measures recommended in the Staff Report regarding Mitigation for Impacts to the Swainson's Hawks in the Central Valley of California:
a. No intensive new disturbances or other project related activities which may cause nest abandonment or forced fledging, should be initiated within one-quarter mile (buffer zone) of an active nest between March 1 and September 15 or until August 15 if a Management Authorization or Biological Opinion is obtained for the project. The buffer should be increased to one-half mile in nesting areas away from urban development (i.e. in areas where disturbance is not normal occurrence during the nesting season). Nest trees should not be removed unless there is no feasible way of avoiding it. If a nest tree must be removed, a Management Authorization (including conditions to off-set the loss of the nest tree) must be obtained with the tree removal period specified in the Management Authorization, generally October 1 to February I. If construction or other project related activities that may cause nest abandonment or forced fledging are necessary within the buffer zone, monitoring of the nest site (funded by the project proponent) by a qualified biologist (to determine if the nest is abandoned) should be required. If it is abandoned and if the nestling(s) are still alive, the project sponsor shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine facility maintenance activities within one-qauarter mile of an active nest should not be prohibited.
b. Hacking as a substitute for avoidance of impacts during the nesting period may be used in unusual circumstances after review and approval of a hacking plan by Environmental Service Division and Wildlife Management Division. Proponents who propose using hacking will be required to fund the full costs of the effort, including any telemetry work specified by the Department.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department (in cooperation with State Department of Fish and Game)
Monitoring Notes and Status:
12. Subject to the review of the City of Los Banos, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/ or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1 ). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt City of Los Banos 24
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Stonecreek Area Plan Mitigation Monitoring Program
at nesting, at the discretion of the biologist. If construction activities are not scheduled between March I and August 1, no further surveys of the tree shall be required. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
13. Subject to the review and approval of the Los Banos Planning Department, future development on the project site shall not include buildings and antenna towers exceeding 35 feet. If structures taller than 35 feet are determined to be necessary by the approving agency, those buildings shall be constructed under the following guidelines;
a. The use of continuously illuminated flood lamps that would attract birds shall be avoided; b. Navigational lights that flash for as short and infrequent an interval as possible (one second on and nine seconds off has been suggested) shall be installed on all tall structures that require lights;
c. If feasible, blue navigational lights as opposed to red, shall be used on tall structures; d. All guide wires associated with antenna towers shall be painted a bright color and equipped at intervals with visually obvious objects ( e.g. orange painted balls several inches in diameter) in order to increase their visibility during the daylight hours; and e. Substitute measures that can be shown to be equally effective in preventing birds from colliding into structures and wires may be used with the approval of the approving agency. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
25. Subject to the review and approval of the Los Banos Planning Department, development plans for commercial or office buildings along Pacheco Boulevard or Badger Flat Loop Road shall include sound attenuation meeting the following criteria:
Sound rated windows and alternate ventilation shall be provided; and City of Los Banos 25
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Stonecreek Area Plan Mitigation Monitoring Program
Outdoor uses areas, such as courtyards, shall be located out of direct line of sight of Pacheco Boulevard and Badger Flat Loop Road.
o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
26. Subject to the review and approval of the City of Los Banos Planning Department, office and commercial development plans for locations adjacent to residential uses shall be reviewed by an acoustical engineer prior to issuance of a building permit. The acoustical engineer shall recommend appropriate mitigation measures, such as buffer zones, noise barriers, and/ or enclosures of mechanical equipment to protect residential areas from unacceptable levels of noise. o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
27. The following language shall be included on any permits issued at the project site, subject to the review and approval of the City of Los Banos Planning Department. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." o Implementation Complete
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Los Banos Planning Department Monitoring Notes and Status:
City of Los Banos 26
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Stonecreek Area Plan Mitigation Monitoring Program
28. No building permits shall be issued for buildings on the portion of the project site south of Cardoza Road and Badger Flat Loop Road, without written evidence from the City of Los Banos Fire Chief that the City of Los Banos Fire Department can serve the development within acceptable response times.
Construction and operation of a fire station within the project site shall be considered adequate evidence and written evidence will not then be required. o Implementation Complete
Party Responsible for Implementation: Applicant, LBUSD
Party Responsible for Monitoring: Los Banos Planning Department, State Architect Monitoring Notes and Status:
-ENDCity of Los Banos 27
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258
ORDINANCE#
AN UNCODIFIED ORDINANCE OF THE LOS BANOS CITY COUNCIL
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LOS
BANOS AND ANDERSON HOMES, A CALIFORNIA CORPORATION FOR
DEVELOPMENT OF APPROXIMATELY 70.5 ACRES GENERALLY LOCATED SOUTH OF WEST PACHECO BLVD., AND WEST OF STONECREEK BL VD., MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS:
430-010-024; 430-010-026; 430-010-027; 430-010-028; 430-010-035 AND 430-103- 004. [QUAIL MEADOWS VILLAGES AT STONECREEK V]
WHEREAS, Government Code§ 65864, et seq., authorizes the City of Los Banos to enter into development agreements which will provide certainty, definition and commitment to developers as well as to necessary public improvements required by development; WHEREAS, Anderson Homes, a California corporation ("Developer") submitted an application to the City of Los Banos for a Final Development Plan and Vesting Tentative Tract Map for approximately 70.5 acres generally located to the south of West Pacheco Blvd., and west of Stonecreek Blvd.,in the City of Los Banos (Assessor's Parcel Numbers: 430-010-024; 430-010- 026; 430-010-027; 430-010-028; 430-010-035; and 430-103-004) (the "Property"); WHEREAS, the proposed applications would allow development of the Property, which includes 199 low density detached single family homes; 72 medium density detached single family homes; a 1.429 acre fire station site to be dedicated to the City as part of the Stonecreek South Planned Development (the "Project");
WHEREAS, in connection with the Project, the Developer and City staff have, in good faith, negotiated a proposed development agreement attached to this Ordinance as Exhibit A the terms of which carry out the legislative purpose of Government Code § 65864, et seq and will assure the parties to this Agreement of mutually desirable development of the Property. Developer has agreed to provide the following significant public benefits as consideration for this Agreement:
a. Continuation of the Planned Development known as Stonecreek South. b. Formation or annexation of the Property to a Community Facilities District created for the purpose of funding public safety.
c. Formation or annexation of the Property to a Lighting and Landscaping district created for the purpose of maintaining public landscape areas, signage, and public lighting and traffic signal maintenance.
d. Dedication of a Fire Station site.
e. Dedication of a 100 foot right of way for roadway and utility purposes (Pioneer Connector Road/Badger Flat Loop Road). A contribution to the City of$1,519,485.28 in lieu of constructing the above described roadway improvements less a credit for property dedicated in excess of the 90 foot roadway at the rate of $0.25/sf. 259
WHEREAS, in accord with the California Environmental Quality Act (CEQA) and State and City guidelines, City has accepted and previously approved and certified the Stonecreek Area Plan Environmental hnpact Report, on April 21, 2004;
WHEREAS, on December 8, 2021, the Planning Commission of the City of Los Banos held a public hearing at which time the Planning Commission reviewed the Development Agreement prepared for the Project and adopted Resolution 2021-1 7 Recommending Approval to the Los Banos City Council of a Development Agreement by and Between the City of Los Banos and Anderson Homes, Inc., Relative to Quail Meadows - Villages at Stonecreek V; WHEREAS, the City Council of the City of Los Banos scheduled and duly noticed a public hearing in accordance with California Government Code Section 65091 by advertisement and notices by mail to property owners within a 300 foot radius of the project boundaries; WHEREAS, on ____ , 2022 and on _______ _ , 2022 the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed Development Agreement; and WHEREAS, the City Council, having duly considered this Agreement and having held the noticed public hearing, finds and declares that the provisions of this Agreement are consistent with the maps and text of the City's General Plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITY OF LOS BANOS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit A.
SECTION 3. This Ordinance is adopted under the authority of Government Code Section 65864 et seq.
SECTION 4. The City Council hereby finds and determines, as follows:
(a) The Agreement will provide significant public benefits; (b) The Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
( c) The Agreement is compatible with the uses authorized in, and the general plan designations which will apply to the Property;
( d) The Agreement is in conformity with public convenience, general welfare and good land use practice;
(e) The Agreement will not be detrimental to the public health, safety and general welfare; and
(f) The Agreement will not adversely affect the orderly development of property or the preservation of property values.
260
SECTION 5. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) Resolution No. --~ approved by the City Council on _____ 2022, approving FDP ---~ which Resolution and exhibits are incorporated herein by reference as if set forth in full;
(c) Resolution No. 2021-15, approved by the Planning Commission on December 8, 2021, approving VTTM #2021-01, which Resolution and exhibits are incorporated herein by reference as if set forth in full;
(d) The City's General Plan;
(e) All City staff reports (and all other public reports and documents) prepared for the Planning Commission, City Council, or others relating to the Stonecreek Area Plan Environmental Impact Report - approved and certified on April 21, 2004, the Final Development Plan, Vesting Tentative Tract Map, the Development Agreement, and other actions relating to the Property;
(f) All documentary and oral evidence received at public hearings or submitted to the Planning Commission, or City during the comment period relating to the Stonecreek Area Plan Environmental Impact Report, the Final Development Plan, Vesting Tentative Tract Map, the Development Agreement, and other actions relating to the Property; and (g) All other matters of common knowledge to the City Council, including, but not limited to the City's fiscal and financial status; City general ordinances, policies and regulations.
SECTION 6. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, and subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof.
SECTION 7. Upon the effective date of this Ordinance as provided in Section 9 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Agreement on behalf of the City of Los Banos.
SECTION 8. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Agreement pursuant to the terms of the Agreement.
SECTION 9. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption; provided, however, that if the actions referred to in Section 5 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to 261
be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member and seconded by Council Member on the __ day of , 2022. ----- -----
Passed on the __ day of _____ , 2022 by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria III, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
262
EXHIBIT A
Development Agreement
[to be inserted by Sta.ffJ
263
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264
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Los Banos
520 J Street
Los Banos, CA 93635
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Los Banos and is exempt from
the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF LOS BANOS AND
ANDERSON HOMES, A CALIFORNIA CORPORATION
RELATIVE TO
QUAIL MEADOWS VILLAGES AT STONECREEK V
(Date)
THIS DOCUMENT, INCLUDING EXHIBITS, TOTALS __ PAGES.
EACH PAGE IS "BATES STAMPED" SEQUENTIALLY IN THE LOWER RIGHT HAND CORNER. 265
THIS PAGE IS INTENTIONALLY LEFT BLANK
266
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF LOS BANOS AND
ANDERSON HOMES, A CALIFORNIA CORPORATION
RELATIVE TO
QUAIL MEADOWS VILLAGES AT STONECREEK V
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this __ day of ____ , 2022, by and between the CITY OF LOS BANOS, a municipal corporation ("City"), and Anderson Homes, a California corporation ("Developer"), pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (§ 65864, et seq. of the Government Code) relating to Development Agreements. City and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party."
RECITALS
1. Developer owns in fee or has an equitable interest in that certain real property, more particularly described in the legal description attached hereto as Exhibit "A" and as depicted on the site map attached hereto as Exhibit "B".
2. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864-65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.
3. The parties have, in good faith, negotiated the terms hereinafter set forth which carry out the legislative purpose set forth above and will assure the parties to this Agreement of mutually desirable development of the Subject Property. Developer has agreed to provide the following significant public benefits as consideration for this Agreement:
a. Continuation of the Planned Development known as Stonecreek South. b. Formation or annexation of the Subject Property to a Community Facilities District created for the purpose of funding public safety.
c. Formation or annexation of the Subject Property to a Lighting and Landscaping District created for the purpose of maintaining public landscape areas, signage, and public lighting and traffic signal maintenance.
d. Dedication of a Fire Station site.
e. Dedication of a 100 foot right of way for roadway and utility purposes (Pioneer Connector Road/Badger Flat Loop Road). A contribution to the City of $1,519,485.28 in lieu of constructing the above described roadway improvements 267
less a credit for property dedicated in excess of the 90 foot roadway at the rate of $0.25/sf.
4. City, in response to Developer's applications, after public hearings and extensive environmental analysis, has granted the following entitlements (hereinafter the "Entitlements"). a. By Planning Commission Resolution No. 2021-15 approving Quail Meadows - Villages at Stonecreek V Vesting Tentative Tract Map #2021-01 for the Subdivision of Approximately 70.5 acres into 271 Single Family Residential Lots Generally Located South of West Pacheco Boulevard, West of Dock A venue, and East of the City Limit Line; More Specifically Identified as Assessor's Parcel Numbers: 430-010-024, 026, 027, 028, 035, and 430-103-004. b. By City Council Resolution No. ___ approval of Final Development Plan for Quail Meadows Villages at Stonecreek V (FDP 2021-01).
5. In support of the various Entitlements described in paragraph 4 above, and in accord with the California Environmental Quality Act (CEQA) and State and City guidelines, City has accepted and previously approved and certified the Stonecreek Area Plan Environmental Impact Report, on April 21, 2004.
6. Development of the Subject Property pursuant to the terms and conditions of the various entitlements, the General Plan, and the Stonecreek Area Plan Environmental Impact Report will provide for orderly growth and development consistent with the City's General Plan and other development policies and programs.
7. On December 8, 2021, the City Planning Commission held a public hearing and adopted Resolution 2021-17 Recommending Approval to the Los Banos City Council of a Development Agreement by and Between the City of Los Banos and Anderson Homes, Inc., Relative to Quail Meadows - Villages at Stonecreek V.
8. On ____ , 2022 and on ____ _, 2022 the City Council also held a public hearing on this Agreement and considered the Planning Commission recommendations and testimony and information submitted by City Staff, Developer, and members of the public. Having duly considered this Agreement and having held the noticed public hearings, City finds and declares that the provisions of this Agreement are consistent with the Development Agreement Statute, and the maps and text of the City's General Plan.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1
GENERAL PROVISIONS
Section 1.1. The Project. The Project is the Final Development Plan and Vesting Tentative Tract Map for the potential development of approximately 70.5 acres of land located generally in the southwestern quadrant of the City. The Project consists of the subdivision and 268
development of the Subject Property: into 199 low density detached single family homes; 72 medium density detached single family homes; a 1.429 acre fire station site to be dedicated to the City on approximately 70.5 acres with an average density of 5.96 units per acre; the entire project area is zoned Planned Development (P-D District).
Section 1.2. Subiect Property. The Subject Property consists of approximately 70.5 acres identified as Merced County Assessor's Parcel Numbers 430-010-024; 430-010-026; 430-010-027; 430-010-028; 430-010-035; and 430-103-004 generally located to the south of West Pacheco Blvd., and west of Stonecreek Blvd., in the City of Los Banos. The Subject Property is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference and made a part of this Agreement.
Section 1.3. Definitions. As used in this Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. (a) Adopting Ordinance means Ordinance Number __ entitled: An Uncodified Ordinance Of The Los Banos City Council Approving A Development Agreement Between The City Of Los Banos And Anderson Homes, A California Corporation For Development Of Approximately 70.5 Acres Generally Located South of West Pacheco Blvd., and West of Stonecreek Blvd., More Specifically Identified As Assessor's Parcel Numbers: 430-010-024; 430-010-026; 430-010-027; 430-010-028; 430-010-035; and 430- 103-004. [Quail Meadows Stonecreek V]; dated ____ _ , 2022, and effective _____ __, 2022, which approves this Agreement as required by Government Code section 65867.5.
(b) Assumption Agreement means an agreement substantially conforming to the model assumption agreement described in Exhibit "F" or other agreement in a form approved by the City Attorney, executed by a Landowner with the Developer, expressly assuming various obligations relating to the development of the Project, or portion thereof. ( c) Certificate of Occupancy means either a certificate issued after inspections by City authorizing a person or persons in possession of property to dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued.
(d) CEQA means the California Environmental Quality Act section 21000 et seq., of the Public Resources Code of the State of California. (e) City means the Los Banos City Council, or its designee. (f) City Laws means ordinances, resolutions, rules, regulations, policies, motions, directives, mitigation measures, conditions, standards, specifications, dedications, fees, taxes (including without limitation general, special and excise taxes), assessments, liens, other exactions and impositions, and any other actions having the force of law, that are enacted or adopted by City, or by its electorate through the initiative or referendum process. 269
(g) Collective Standards means this Development Agreement, Exhibits C, D, and E to this Development Agreement, the Planning Documents, and the City Laws that are operative and in force and effect as of the Effective Date, and the Subsequent Approvals. (h) Developer means Anderson Homes, a California corporation, or successor in interest.
(i) Director means the Community and Economic Development Director for the City of Los Banos or designee.
G) Effective Date means the effective date of the Adopting Ordinance. (k) Entitlements shall mean those approvals listed in Recital 4 including any and all conditions of approval and mitigation measures.
(1) Final Development Plan means FDP #2021-01 and conditions of approval applicable thereto, attached as Exhibit "E".
(m) General Plan means the 2030 General Plan Update of the City, approved July15, 2009, excluding any amendment after the Effective Date that impairs or restricts Developer's rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement or is specifically agreed to by Developer. (n) Landowner is a party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. ( o) New City Laws means City Laws enacted, adopted or implemented by City, or by its electorate through the initiative or referendum process, after the Effective Date. (p) Planning Documents means, and shall be limited to, those approvals set forth in paragraph 4, of the Recitals.
(q) Project means the anticipated development of the Subject Property as specified in Section 1.1 and as provided for in the provisions of this Agreement and all other incorporated exhibits.
(r) Reserved Powers shall mean those powers explicitly reserved to the City by this Agreement.
(s) Subject Property means the property described in Section 1.2, or the remaining portions thereof after releases from the provisions of this Agreement have been executed as authorized by this Agreement.
(t) Subsequent Approvals means that Developer may make application for other land use approvals, actions, agreements, permits and other entitlements that are necessary 270
or desirable in connection with the development of the Project, including without limitations, multiple planned development zoning district approvals, multiple vesting or non-vesting tentative subdivision maps, site plan approvals, use and grading permits, lot line adjustments, sewer and water connections, design review, building permits and certificates of occupancy, including all conditions of approval imposed in connection therewith.
(u) Tentative Map(s) shall mean Map #VTTM 2021-01 and conditions of approval applicable thereto, attached as Exhibit "D".
Section 1.4. Exhibits. Exhibits to this Agreement are as follows:
Exhibit "A" Legal Description/Subject Property.
Exhibit "B" Site Map.
Exhibit "C" Special Conditions and Requirements.
Exhibit "C-1" Depiction of Badger Flat Loop Road/Pioneer Connector Road.
Exhibit "C-2" Opinion of Probable Cost.
Exhibit "D" Vesting Tentative Tract Map VTTM 2021-01 and Conditions of Approval.
Exhibit "E" Final Development Plan FDP 2021-01 and Conditions of Approval.
Exhibit "F" Sample Assumption Agreement.
Exhibit "G" Sample Notice of Termination.
Section 1.5. Incorporation of Exhibits and Recitals. Exhibits A-G and Recitals 1 through 8 are incorporated herein, including all exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 5, the provisions of Articles 1 through 5 shall prevail.
Section 1.6. Parties to Agreement. The parties to this Agreement are:
(a) The City of Los Banos. A municipal corporation exercising general governmental functions and powers. The principal office of the City is located at 520 J Street, Los Banos, California 93635.
(b) Developer. Anderson Homes, a California corporation who owns in fee or has an equitable interest in the Subject Property and represents that it has the legal authority to enter into this Agreement. The principal office of Developer is 2440 Bert Drive, Building 200, Suite 201, Hollister, California 95023.
( c) Landowner. From time to time, as provided in this Agreement, Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property.
Section 1.7. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions.
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Section 1.8. Term of Agreement. This Agreement shall commence upon the Effective Date of the Adopting Ordinance approving this Agreement. Upon becoming operative, this Agreement shall continue in force for a period of fifteen (15) years from the Effective Date unless terminated as provided herein. Following the expiration of the term, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post-termination obligations of Developer or Landowner, if any.
Section 1.9. Priority of Enactment. In the event of conflict between the Development Agreement, the Planning Documents and the City Laws, the parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (1) the Development Agreement; (2) the Planning Documents; and (3) the City Laws. In the event of a conflict between two or more of the foregoing documents, the language of that document which is superior in priority as provided above shall govern.
Section 1.10. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and City agrees, that the development rights, obligations, terms and conditions specified in the Collective Standards are fully vested in the Developer and may not be changed or modified by the City except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, or as expressly consented thereto in writing as provided for in Section 1.13 and 1.14 below, by the Developer, which consent Developer may withhold in its sole and exclusive discretion. Developer shall be obligated to pay only those fees, make only those dedications and improvements, and otherwise be subject to only those conditions/exactions expressly authorized in this Agreement.
Except as expressly provided herein and in sections 1.22 and 1.23, City shall not establish, enact, impose or exact any new or additional fees, charges, general taxes, special taxes, conditions, dedications, improvements, and/or other exactions, policies, standards, laws, or regulations which directly or indirectly relate to or affect development or occupancy of the Project or Subject Property.
Section 1.11. Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this Agreement with all the rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. Developer shall provide City with a copy of the Assumption Agreement. Express written assumption by such purchaser, assignee or transferee, to the satisfaction of the City Attorney, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred, shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed. Any such assumption of Developer's obligations under this Agreement shall be deemed to be to the satisfaction of the City Attorney if executed in the form of the Assumption Agreement attached hereto as Exhibit "E" and incorporated herein by this reference, or such other form as shall be approved by the City Attorney.
Section 1.12. Covenants Running With the Land. Each and every purchaser, assignee 272
or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.
Provided however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed residential unit or non-residential building which has been approved by the City for occupancy, this Agreement shall automatically terminate.
Section 1.13. Amendment to Agreement (Developer and City). This Agreement may be amended by mutual consent of the parties in writing, in accordance with the provisions of Government Code section 65868, provided that: any amendment which relates to the term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a noticed public hearing before the parties may execute an amendment. Unless otherwise provided by law, all other amendments may be approved without a noticed public hearing.
Any amendment entered into between the City and the Developer shall require the signature of each owner of any portion of the Subject Property to the extent the amendment modifies this Agreement as to that other owner's property.
Section 1.14. Amendment to Agreement (Landowner and Citv). This Agreement may also be amended, subject to the provisions of Government Code section 65868, between a Landowner who has acquired a portion of the Subject Property from Developer and City as to the portions of the Subject Property then owned by Landowner.
Any amendment entered into between the City and a Landowner shall require the signature of each Landowner of any portion of the Subject Property or the Developer to the extent the amendment modifies the Agreement as to that Landowner's or the Developer's property.
Section 1.15. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the City Clerk receives a copy of the Assumption Agreement provided for in Section 1.11.
Section 1.16. Notices. Notices, demands, correspondence, and other communication to City and Developer shall be deemed given if dispatched by prepaid first-class mail to the principal offices of the parties as designated in Section 1.6. Notice to the City shall be to the attention of both the City Manager and the Director. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notices. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence.
Section 1.17. Reimbursement for Agreement Expense of City. Developer agrees to reimburse City for reasonable and actual expenses over and above fees paid by Developer as an applicant for costs specifically incurred by City for the preparation of this Agreement, including 273
recording fees, publishing fees, and reasonable staff, City Attorney, Special Counsel, and consultant costs not otherwise included within application fees then due and payable to the City.
Such reimbursement shall be paid to the City prior to execution of this Agreement by the City.
Section 1.18. Recordation of Agreement. The City Clerk shall cause a copy of this Agreement to be recorded with the Merced County Recorder not later than ten ( 10) days following execution of this Agreement by all parties. Developer hereby covenants that during the period following execution and the recording of this Agreement by the City, Developer shall not, without prior written approval by the City Attorney, cause or allow to be recorded against the Subject Property any instrument affecting the priority, validity or enforceability of this Agreement.
Section 1.19. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.
Section 1.20. Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which became effective after the Effective Date, the remaining provisions shall continue in full force and effect.
Section 1.21. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement, the Entitlements or any approval subsequently granted by the City for the development of the Subject Property, the parties and any Landowner agree to cooperate with each other in good faith. City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer and/or Landowner(s) (to the extent the litigation, in part or in whole, seeks to overturn or invalidate this Agreement, the Entitlements or any subsequent approval granted for the Subject Property held by or granted to Developer and/or Landowner), and, in such event, Developer and/or such Landowner(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. For purposes of this section only, "City" shall include all employees, consultants and agents acting on behalf of the City. Neither party shall settle any such lawsuit without the consent of the other party. The City may elect to participate in the litigation, in which case the Developer and/or Landowner agree to reimburse the City for its litigation costs and fees, including the retention of outside legal counsel. It is the intent of the Parties that the City's participation not result in unnecessary duplication oflegal services, but rather that the City's active involvement in the litigation be limited to supervising the preparation of the administrative record or discovery as applicable, monitoring of litigation, and responsive pleadings regarding issues which, in the sole opinion of the City, involve broader City concerns then those immediately affecting the Landowner and/or Developer. Upon written demand of the City, Developer and/or Landowner shall deposit with the City such sums as may be specified by the City as its estimated litigation costs and fees for the following thirty day period. Both parties shall act in good faith, and shall not unreasonably withhold consent to settle. In the event that the City elects to settle a claim, and Developer refuses to also settle, City at its sole option, may require Developer to post security in 274
a form and amount reasonably acceptable to the City, for the performance of Developer's duties under this section. If the Developer, within 30 days of receiving written notice from City, fails to post this security, the Developer shall settle the claim on terms as previously approved by the City.
Section 1.22. Fees. Developer shall be subject to all fees currently adopted by the City, including scheduled or periodic increases as provided for in the adopting ordinances or resolutions ("Current Fees"). Developer shall pay, without protest or without challenge, Current Fees in effect at the time of the issuance of a requested permit or entitlement.
In addition, Developer agrees to pay any new fees adopted by the City, or the recalculation of existing fees (''New Fees") in effect at the time of the issuance of a requested building permit.
Developer shall retain the right to challenge the New Fees as permitted by law.
Section 1.23. Reserved Powers. Notwithstanding any other provision of this Agreement, including Sections 2.1 and 2.2, and without limitation as to any other requirements or exceptions contained in this Agreement, the City shall retain the authority to take the following actions and apply the same to the Subject Property:
(a) The authority of the City Council to adopt regulations to protect the City and its citizens from an immediate adverse risk to health and safety. This shall include, but not be limited to, lack of sufficient sewer and/or water facilities, but not school facilities. (b) Adopt or increase utility charges in accordance with applicable laws and regulations; and
(c) As set forth in Section 1.22, increase and apply Current Fees, and adopt and apply New Fees.
(d) Adopt revised subdivision, building design (residential and non-residential), and development improvement standards, provided, however, no such revised standards shall apply to the Project earlier than the 366th day following the date the City Council adopts the revised standard.
( e) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with state or federal laws, or regulations, provided that in the event that such state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(f) City land use regulations, ordinances, policies, programs or resolutions adopted after the Effective Date, which are in conflict with the City Laws, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner by later separate document, which consent Developer and/or Landowner may withhold in their sole and exclusive discretion. 275
(g) Adopt a revised growth management policy for residential development, provided; however, no such revised policy shall apply to the Project earlier than the 366th day following the date the City Council adopts the revised policy. (h) Adopt a revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and /or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.
Section 1.24. Waiver of Claims. Developer waives, as to the Subject Property only, any and all existing claims that may have against the City, its agents, employees and consultants arising out of the adoption and/or application of development requirements and standards, impact fees, the adoption of this Agreement or approval of the Entitlements and all of the proceedings, acts or determinations made prior thereto.
Section 1.25. Availabilitv of Facilities. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that City undertakes to provide such services to other similarly situated new developments in the City of Los Banos as and when service connections are provided and service commences).
ARTICLE2
PROJECT DEVELOPMENT
Section 2.1. Vested Right to Develop. Developer shall have the vested right to develop the Subject Property in accordance with the terms and provisions of this Agreement.
To the extent that Developer, prior to execution of this Agreement, possesses vested rights under the authority of the Subdivision Map Act or common law, Developer expressly waives any and all rights thereto, and agrees that any claim to a vested right is defined solely by the Development Agreement.
Section 2.2. Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication ofland or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines, policies 276
and standards, implementation program for processing of subsequent entitlements and other conditions of development for the Subject Property shall be those set forth in the Collective Standards. The parties hereto intend that the Collective Standards shall serve as the definitive and controlling document for all subsequent actions, discretionary or ministerial, relating to the development and occupancy of the Project.
Section 2.3. Amendments. Modifications to the Tentative Map may be approved in accordance with the provisions of the Subdivision Map Act and local ordinance and shall not require an amendment to this Agreement.
Section 2.4. No Conflicting Enactments. Except as provided for as a Reserved Power or as otherwise provided for in this Agreement, neither the City nor any agency of the City, shall enact, adopt or implement any New City Law that: (a) is in conflict with the Collective Standards; (b) relates to the rate, timing or sequencing of the development or construction of the Subject Property on all or any part of the Subject Property that is in conflict with this Agreement, or any amendments thereto; or (c) reduces the development rights provided by the Collective Standards.
Without limiting the foregoing general statement, and for all purposes pursuant to this Agreement generally, and this Section specifically, any New City Law shall be deemed to conflict with this Agreement if, either with specific reference to this Subject Property or as part of a general enactment that directly or indirectly applies to this Subject Property, it would or could:
(a) Limit or reduce the density or intensity of the Project development granted by the Collective Standards or otherwise require any reduction in the height, number, size or square footage of lots, structures or buildings;
(b) Expand or increase Developer's obligations under the Collective Standards with respect to the provision of parking spaces, streets, roadways and/or any other public or private improvements or structures;
(c) Directly limit public services or facilities otherwise available (e.g., water, drainage, sewer or sewage treatment capacity) to, within or available for use by the Project unless such limitation applies on an equitable basis to other similarly situated properties; ( d) Limit or control in any manner the timing or phasing of the construction/development of the Project allowed by the Collective Standards; (e) Limit the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Collective Standards;
(t) Limit the processing of applications for or procurement of Subsequent Approvals;
(g) Establish, enact or increase in any manner applicable to the Project, or impose against the Project, any fees, taxes (including, without limitation, general, special, and 277
excise taxes), assessments, liens or other financial obligations other than: (i) those specifically permitted by this Agreement; and (ii) any City-wide taxes and assessments; or (h) Initiate, support or establish any assessment district or other public financing mechanism that would include or otherwise burden or effect the Project or the Subject Property that has not been established prior to the Effective Date.
Clauses (a) through (h) above are intended as examples, and not as a comprehensive or exclusive list, of New City Laws that would or could conflict with the Collective Standards, and therefore with this Agreement. Except as otherwise provided in Section
1.23, all City actions applying any City Law to the development of the Project shall be consistent with this Agreement.
Section 2.5. Changes to City Laws. Only the following changes to the City Laws shall apply to the development of the Subject Property:
(a) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with state or federal laws, or regulations, provided that in the event that such state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(b) City land use regulations, ordinances, policies, programs, resolutions or fees adopted after the Effective Date, that are not in conflict with the terms and conditions for development of the Subject Property established by this Agreement or otherwise applicable Existing Land Use Regulations and which do not impose additional burdens on the Project and/or the Subject Property.
( c) City land use regulations, ordinances, policies, programs, resolutions or fees adopted after the Effective Date, which are in conflict with the Existing Land Use Regulations, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner by later separate document, which consent Developer and/or Landowner may withhold in their sole and exclusive discretion.
Section 2.6. Further Reviews. Developer acknowledges that the City Laws contemplate further reviews of elements of the Project by the City and Subsequent Approvals. These reviews include review of final map(s), improvement plans and building permit applications. Nothing in this Section 2.6 shall be deemed to limit or expand the legal authority of City with respect to such reviews or Subsequent Approvals.
Section 2.7. Application, Processing and Inspection Fees. Application fees, processing fees, and inspection fees that are revised during the term of this Agreement shall apply to the development pursuant to this Agreement, provided that such revised fees apply generally to similar private projects or works within City and are in compliance with State and Federal law. 278
Section 2.8. Timing of Development. The parties acknowledge that the most efficient and economic development of the Subject Property depends upon numerous factors, such as market orientation and demand, interest rates, competition, and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers to have the rate of development determined by Developer. Accordingly, the timing, sequencing, and phasing of the development is solely the responsibility of Developer and, except as may be expressly set forth in this Development Agreement and the conditions of approval of the Tentative Map or final Development Plan, the City Council shall not impose, by ordinance, resolution, or otherwise, any restrictions on the timing, sequencing or phasing of any construction activity within the Subject Property.
Section 2.9. Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security instrument with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but, in the event said holder takes title to the Subject Property through foreclosure of a mortgage or a deed of trust, or deed-in-lieu of such foreclosure, said holder shall be bound by all of the terms and conditions of this Agreement which pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a 'deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.
Section 2.10. Automatic Extension of the Approved Tentative Map. Pursuant to Government Code §66452.6(a) the life of the Tentative Map is automatically extended by a period of time equal to the Term of this Agreement. In the event this Agreement is cancelled, the map shall continue in effect for twelve (12) months from the date of cancellation or the expiration date, whichever comes later. Thereafter, the Tentative Map approval shall be considered to have expired as provided for in Government Code §66452.6( d). In the event that the Agreement is cancelled, the subdivider may exercise all rights allowed by the Subdivision Map Act with respect to the extension of the Tentative Map. As long as this Agreement is not cancelled, it is the intent of the Developer to waive any and all rights and claims to extend the Tentative Map as might otherwise be permitted by Government Code §66452.6( a), as a result of conditions of approval, which require the subdivider to construct specified offsite improvements.
ARTICLE3
DEFAULT
Section 3.1. General Provisions. Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement to perform 279
any term or provision ofthis Agreement, shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner not less than sixty (60) days notice in writing specifying the nature of the alleged default and the manner in which said default may be cured. During any such sixty (60) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution oflegal proceedings.
After notice and expiration of the sixty ( 60) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at his option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to California Government Code section 65868 and any regulations of the City implementing said Government Code section.
Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.
Following consideration of the evidence presented in said review before the City and an additional 30-day period to cure, either party alleging the default by the other party or Landowner may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respect to such portion of the Subject Property in which Landowner owns an interest.
Section 3.2. Annual Compliance Review. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code section 65865.1. Developer shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City.
During each annual review by City, Developer is required to demonstrate good faith compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, upon thirty (3 0) days prior written notice from the City.
Such periodic review shall be conducted by the Director and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. If the Director finds that Developer has so complied, the annual review shall be concluded.
If the Director finds that the Developer has not complied, the City Council of City shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Developer has, for the period under review, complied with the terms of this Agreement. If the City Council finds that Landowner has so complied, the annual review shall be concluded. If the City Council finds, on the basis of substantial evidence, that Developer has not so complied, written notice shall be sent to Developer by first class mail of the City Council's finding of non280 compliance, and Developer shall be given at least ten (10) days to cure any noncompliance that relates to the payment of money and thirty (30) days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) days for reasons which are beyond the control of Developer, Developer must commence the cure within such thirty (30) days and diligently pursue such cure to completion. If Landowner fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in this Article 3.
The annual review procedures set forth in this Section 3 .2 shall not be the exclusive means for City to identify a Default by Landowner or limit City's rights or remedies for any such Default.
Section 3.3. Developer Default Limited to Property/Entitv; Separate Obligations of Owners. Except as specified herein in Section 3 .1, no default hereunder in performance of a covenant or obligation with respect to a particular portion of the Subject Property shall constitute a default applicable to any other portion of the Subject Property, and any remedy arising by reason of such default shall be applicable solely to the portion of Subject Property where the default has occurred. Similarly, the obligations of the Developer and Landowners shall be severable and no default hereunder in performance of a covenant or obligation by any one of them shall constitute a default applicable to any other owner who is not affiliated with such defaulting owner, and any remedy arising by reason of such default shall be solely applicable to the defaulting owner and the portion of the Subject Property owned thereby.
Section 3.4. Default by City. In the event City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by this Agreement, or as otherwise provided in this Agreement, or the City otherwise defaults under the terms of this Agreement, Developer and/or Landowner may give written notice thereof to the City and if not cured within sixty ( 60) days following receipt of such notice, Developer shall have all rights and remedies provided herein or under applicable law, including without limitation the right to pursue actions for mandamus, specific performance, or injunctive or declaratory relief to enforce this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from any other party as a result of any breach or alleged breach of such other party's obligations hereunder. In the event City is in default under the terms of this Agreement, any resulting delays in Developer's performance caused thereby shall not constitute grounds for termination or cancellation of this Agreement.
Section 3.5. Cumulative Remedies of Parties/Waiver of Right to Damages. In addition to any other rights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from the other party as a result of any breach or alleged breach of such other party's obligations hereunder.
Section 3.6. Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, 281
riots, floods, earthquakes, fires, casualties, acts of God, State or federal laws, regulations, decisions or orders which conflict with this Agreement, or judicial or other governmental agency decisions or orders, directing the City, or which have the effect of requiring the City, to take actions or refrain from taking actions which conflict with the obligations under this Agreement. Any and all extensions of the time of performance shall be limited to thirty-six (36) months. This section 3.6 shall not apply to the twenty-four (24) month term within which this Agreement is required to take effect.
ARTICLE4
TERMINATION
Section 4.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the term or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied. Upon termination of this Agreement, the City shall record a notice of such termination in substantially the form attached hereto as Exhibit "F". This Agreement shall automatically terminate and be of no further force or effect as to any single-family residence, any other residential dwelling unit(s), or any nonresidential building, and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy.
Section 4.2. Effect of Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City general plan and the terms and conditions of any applicable zoning, or subdivision map or other land use entitlements approved with respect to the Subject Property, any other covenants or any other development requirements specified in this Agreement to continue after the termination of this Agreement, or obligations to pay assessments, in lieu contributions, liens, fees, or taxes.
Section 4.3. Effect of Termination on City. Upon any termination of this Agreement, as provided for under the terms and conditions of this Agreement, as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the Subject Property affected by such termination (provided vesting of entitlements, conditions or fees applicableto the Subject Property shall be governed by planning and zoning law) and the City shall no longer be limited, by this Agreement, to make any changes or modifications to such entitlements, conditions or fees applicable to such property.
ARTICLES
STANDARD TERMS AND CONDITIONS
Section 5.1. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Merced.
Section 5.2. Waiver. A waiver by any party of any breach of any term, covenant or 282
condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.
Section 5.3. Completeness of Instrument. This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.
Section 5.4. Supersedes Prior Agreements. It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written or oral, between the parties hereto.
Section 5.5. Captions. The captions of this Agreement are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
Section 5.6. Number and Gender. In this Agreement, the neuter gender includes the feminine and masculine, and the singular includes the plural, the word "person" includes corporations, partnerships, firms or associations, wherever the context so requires.
Section 5.7. Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" is permissive.
Section 5.8. Term Includes Extensions. All references to the term of this Agreement or the Agreement Term shall include any extensions of such term.
Section 5.9. Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.
Section 5.10. Modification. No modification or waiver of any prov1s10ns of this Agreement or its attachments shall be effective unless such waiver or modification is in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given.
Section 5.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
Section 5.12. Other Documents. The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of 283
these purposes.
Section 5.13. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Section 5.14. Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
Section 5.15. Time Is of the Essence. Time is of the essence of this Agreement and each covenant and term a condition herein.
Section 5.16. Authoritv. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.
Section 5.17. Document Preparation. This Agreement will not be construed against the party preparing it, but will be construed as if prepared by all parties.
Section 5.18. Advice of Legal Counsel. Each party acknowledges that it has reviewed this agreement with its own legal counsel, and based up on the advice of that counsel, and freely entered into this Agreement.
Section 5.19. Estoppel Certificate. Within thirty (30) days following any written request which either party may make from time to time, and upon payment of a fee to the City to reimburse the City for its reasonable expenses associated herewith, the other party to this Agreement shall execute and deliver to the requesting party a statement certifying that:
(a) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; and
(b) there are not current uncured defaults under this Agreement or specifying the date, nature of any default and manner of cure.
This certificate may be executed by the City Manager, or his or her designee.
Section 5.20. Attorneys Fees and Costs. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, which may be set by the 284
Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.
Section 5.21. Consent/Subordination. Unless waived in writing by the City Attorney, Developer shall furnish proof satisfactory to the City, prior to approval of the Agreement, that all persons possessing a legal interest in the property have consented to the recording of this Agreement. Unless waived in writing by the City Attorney, the City shall require subordination by all lenders of record as a condition precedent to the City approval of the Agreement. The City shall have no duty to subordinate its interest in this Agreement.
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IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.
CITY OF LOS BANOS
a municipal corporation
By: _________ _
Manuel Thomas Faria III
Mayor
ATTEST:
Dated
285
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
ANDERSON HOMES,
a California corporation
By: _________ _ __ _
Michael Anderson
Vice President
Dated -----------
Dated -----------
Dated ----------
SIGNATURES MUST BE NOTARIZED
286
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On _____ , 20_, before me, ------------~' a Notary
Public, personally appeared _____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________ ___ _
[SEAL]
287
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On _____ , 20_, before me, ____________ ___,, a Notary
Public, personally appeared _ ___________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
[SEAL]
288
EXHIBIT "A"
LEGAL DESCRIPTION/SUBJECT PROPERTY
QUAIL MEADOWS VILLAGES AT STONECREEK V
PLANNING BOUNDARY LEGAL DESCRIPTION
Real property in the City of Los Banos, County of Merced, State of California, described as follows:
PARCEL 1:
PARCEL C OF PARCEL MAP MS 2004-02, IN THE CITY OF LOS BANOS, COUNTY OF
MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY 11, 2005 IN BOOK 99, PAGES 9 AND 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL IA:
AN EASEMENT FOR ROAD PURPOSES AS RESERVED IN DEED RECORDED NOVEMBER 17, 1919 IN BOOK 142, PAGE 270 OF DEEDS.
PARCEL 2:
BEGINNING AT A POINT WHICH BEARS 0° 12' WEST, 30 FEET AND NORTH 89° 50' EAST, 820.42 FEET FROM THE NORTHWEST CORNER OF SECTION 21, IN TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE AS FOLLOWS:
SOUTH 0° 12' WEST, 2653.84 FEET; THENCE 89° 42' EAST, 655.30 FEET; NORTH 0° 12' EAST, 1400 FEET; SOUTH 89° 42' WEST, 46.84 FEET; NORTH 4° 52' EAST, 1257 FEET AND SOUTH 89° 50' WEST, 710 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONDEMNED FOR STATE HIGHWAY PURPOSES, RECORDED OCTOBER 24, 1967 IN BOOK 1755, OFFICIAL RECORDS, PAGE 141, MERCED COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THOSE PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 15, 2021 AS INSTRUMENT NO. 2021050979 OF OFFICIAL RECORDS.
289
PARCEL 3:
A PORTION OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT
DIABLO BASE AND MERIDIAN, CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 20 OF SAID TOWNSHIP AND RANGE; THENCE, ALONG THE EAST LINE OF SAID SECTION 20, SOUTH 01 ° 01' 13" WEST, 401.26 FEET TO A POINT OF NON-TANGENT CURVATURE; THENCE,
LEA VINO SAID EAST LINE, EASTERLY, ALONG THE ARC OF A NON-TANGENCY CURVE, CONCA VE SOUTHERLY THE RADIUS POINT OF WHICH BEARS SOUTH 22° 10' 23" WEST, HAVING A RADIUS OF 1570.00 FEET, A DELTA OF 00° 13' 41 ", A DISTANCE OF 6.25 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE, CONTINUING ON LAST SAID CURVE, SOUTHEASTERLY ALONG THE ARC OF A CURVE, CONCAVE SOUTHWESTERLY, A DELTA OF 13° 35' 22", A DISTANCE OF 372.37 FEET TO A POINT OF TANGENCY; THENCE, SOUTH 54°00' 34" EAST, 527.95 FEET TO A POINT OF TANGENT CURVATURE; THENCE, SOUTHEASTERLY, ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 530.00 FEET, A DELTA OF 06° 53' 52", A DISTANCE OF 63.81 FEET TO A POINT OF NONTANGENCY; THENCE, SOUTH 01° 01' 13" WEST, 1761.12 FEET; THENCE NORTH 89° 42' 33" WEST, 820.36 FEET TO AFORESAID EAST LINE OF SECTION 20; THENCE, ALONG SAID EAST LINE, NORTH 01 ° 01' 13" EAST, 1112.53 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 38° 06' 10" EAST, 322.62 FEET, TO A POINT OF TANGENT CURVATURE; THENCE, NORTHEASTERLY, ALONG THE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1186.50 FEET, A DELTA OF 00° 47' 58", A DISTANCE OF 16.56 FEET TO A POINT OF NON-TANGENCY;THENCE, RADIAL TO LAST SAID CURVE, NORTH 52° 41' 48" WEST, 248.28 FEET; THENCE, NORTH 01 °08' 18" EAST, 752.81 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 2019-04, RECORDED JULY 1, 2020, AS INSTRUMENT NO. 2020021786 OF OFFICIAL RECORDS.
PARCEL 4:
REMAINDER PARCEL, AS SHOWN ON THAT CERTAIN SUBDIVISION MAP OF TRACT NO. 2006-12, QUAIL MEADOWS AT STONECREEK THE VILLAGES V-A, PHASE 3, FILED FOR RECORD JUNE 11, 2009, IN VOL. 78 OF OFFICIAL PLATS, PAGES 39-41, MERCED COUNTY RECORDS.
PARCEL 5:
ALL THAT PORTION OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
290
BEGINNING AT A POINT WHICH POINT BEARS SOUTH 0°12' WEST, 30.00 FEET; NORTH 89°50' EAST, 820.42 FEET AND SOUTH 0°12' WEST, 1875.02 FEET (SOUTH 0°12' WEST, 1,871.93) FEET PER RECORD OF SURVEY 3/20) FROM THE NORTHWEST CORNER OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 0°12' WEST, 778.82 FEET; NORTH 89°42' EAST, 655.30 FEET (NORTH 89°31' EAST 655.00 FEET PER RECORD OF SURVEY 3/20) NORTH 0°12' EAST, 778.82 FEET (NORTH 0°13' EAST, 778.82 FEET PER RECORD OF SURVEY 3/20) AND SOUTH 89°42' WEST 655.526 FEET (SOUTH 89°31' WEST 655.226 FEET PER RECORD OF SURVEY 3/20) TO THE POINT OF BEGINNING.
PARCEL5A:
A TEMPORARY NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS OVER THE NORTHERLY 50 FEET OF PARCEL C OF PARCEL MAP MS 2004-02, IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY 11, 2005 IN BOOK 99, PAGES 9 AND 10 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, BUT ONLY TO THE EXTENT NECESSARY
TO PROVIDE ACCESS TO THE LAND ABOVE, AND ONLY UNTIL SUCH TIME THAT THIS AREA IS DEDICATED AND ACCEPTED BY THE CITY.
APN: 430-010-024-000 (Parcel I)
430-010-027-000 and 430-010-028-000 (Parcel 2)
430-010-035-000 (Parcel 3)
430-103-004-000 (Parcel 4)
430-010-026-000 (Parcel 5)
END DESCRIPTION
291
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292
EXHIBIT "B"
SITE MAP
293
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EXHIBIT "C"
SPECIAL CONDITIONS AND REQUIREMENTS
1. Participation in a Community Facilities District. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a community facilities district created for the purposes of funding public safety, as authorized by Government Code section 53313{a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the Subject Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.
2. Participation in a Lighting and Landscaping District. Prior to approval of any final or parcel map, the Developer shall form or annex the Subject Property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the Subject Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the Subject Property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the Developer.
3. Badger Flat Loop Road/Pioneer Connector Road. As a condition of approval of vesting tentative map {VTTM 2021-01) Developer is required to dedicate and construct roadway improvements (generally described as a 90 foot wide four lane collector street along the western boundary of the development including a landscape median and Class I bike lane as depicted in Exhibit "C-1" attached hereto) hereinafter "roadway improvements". The agreed upon estimated cost to construct the above described roadway improvements is $1 ,519,485.28 calculated in accordance with Exhibit "C-2" attached hereto.
The location of the above described collector street is within proposed Pioneer Road Widening Project boundary currently under study by the City of Los Banos and the California Department of Transportation (Caltrans).
In lieu of dedicating and constructing the above described roadway improvements Developer has proposed a monetary contribution and voluntarily agrees as follows:
(a) Prior to recordation of a final map Developer shall irrevocably dedicate to the City a 100 foot right of way for roadway and utility purposes (Pioneer Connector Road/Badger Flat Loop Road as depicted in Exhibit "C-1" attached hereto) by execution of an 297
Irrevocable Offer of Dedication in a form acceptable to the City Attorney. The Offer of Dedication shall reserve to Developer roadway access to the Pioneer Connector Road/Badger Flat Loop Road from Lot C in the vicinity of Stonecreek Blvd. The parties agree that the Developer shall be entitled to a credit for property dedicated in excess of the 90 foot roadway at the rate of $0.25/sf which shall be deducted from the agreed upon estimated cost.
(b) Prior to recordation of a final map Developer shall contribute to the City $1,519,485.28 (as adjusted per sub paragraph (a)) in lieu of constructing the above described roadway improvements. At the election of the Developer, the in lieu contribution may be prorated and paid to the City on a per residential unit basis payable upon issuance of each certificate of occupancy. Upon payment of the in lieu contribution, City shall waive the requirement that the Developer construct the above described roadway improvements. The obligation of Developer set forth in this sub paragraph shall survive expiration or termination of this Agreement for any reason until totally satisfied.
( c) The Developer acknowledges that there are no fee credits associated with the dedication and construction of the Pioneer Connector Road/Badger Flat Loop Road. (d) The Developer acknowledges and understands that the City in its sole and exclusive discretion has no obligation to construct the Pioneer Connector Road/Badger Flat Loop Road.
(e) Developer or Developer's assignee shall be responsible to keep the 100 foot right of way free from debris and weeds until fully developed and improved by the City as a roadway. The form of assignment or maintenance agreement shall be subject to approval by the City Attorney.
4. Badger Flat Loop Road/Pioneer Connector Road/Masonry Wall. Prior to construction of the first residential structure of Phase 1 ofVTTM 2021-01, Developer shall construct a decorative masonry wall along the western boundary of the 100 foot right of way to be dedicated to the City, as depicted in Exhibit "C- 1" attached hereto. The decorative masonry wall shall be constructed in accordance with the design depicted in FDP 2021-01 and the Phase 1 improvement plans approved by the City. Prior to construction of Lots 120-144 of Phase 3 of VTTM 2021-01, Developer shall construct a decorative masonry wall along the eastern boundary of the 100 foot right of way to be dedicated to the City.
The decorative masonry wall shall be constructed in accordance with the design depicted in FDP 2021-01 and the Phase 3 improvement plans approved by the City.
Notwithstanding the foregoing, Developer can construct residential structures on lots 1-15, 28-72, 80-108 and 235-271 prior to the construction of the decorative masonry wall referenced above.
5. Badger Flat Loop Road/Pioneer Connector Road/Irrigation Pipeline. Prior to construction of the first residential structure of Phase 1 ofVTTM 2021-01, Developer shall have completed the construction of an underground irrigation pipeline as depicted in Exhibit "C- 1" attached hereto. The irrigation pipeline will not be accepted by the City as 298
a public improvement and the City shall have no obligation to maintain the pipeline.
Notwithstanding the foregoing, Developer can construct residential structures on lots 1-15, 28-72, 80-108 and 235-271 prior to the construction of the underground irrigation pipeline referenced above.
6. Future Fire Station/Masonrv Wall. Prior to construction of the first residential structure of Phase 1 ofVTIM 2021-01, Developer shall construct a decorative masonry wall along the eastern boundary of the future fire station property. The decorative masonry wall shall be constructed in accordance with the design depicted in PDP 2021-01 and the Phase 1 improvement plans approved by the City.
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300
EXHIBIT "C-1"
DEPICTION OF BADGER FLAT LOOP ROAD/PIONEER CONNECTOR ROAD 301
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EXHIBIT "C-2"
OPINlON OF PROBABLE COST
307
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OPINION OF PROBABLE COST -ENG -1N€-E-R1NG
Project name: Pioneer Connector Road, Villages V LOS BANOS, CA Project progress stage: PRE-DESIGN 9/9/2021
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING LS 1 $10,000.00 $10,000.00
2 SITE GRADING CY 11,753 $5.00 $58,766.65
3 EROSION CONTROL LS 1 $5,000.00 $51000.00
SUB-TOTAL $73,766.65
B. WATER
1 12"WATER LF 1,760 $26.00 $45,760.00
2 12" WATER VALVE EA 5 $4,500.00 $22,500.00
3 HYDRANT, BURY & GATE VALVE EA 8 $2,000.00 $16,000.00
4 BLOWOFF EA 3 $1,000.00 $3,000.00
5 CONNECT TO EX. WATER EA 1 $1,500.00 $1,500.00
SUB-TOTAL $88,760.00
50% OF WATER IMPR. COSTS $44,380.00
C. SANITARY SEWER
1 10" SANITARY SEWER LF 1,759 $24.00 $42,216.00
2 21" SANITARY SEWER LF 65 $80.00 $5,200.00
3 STD. MANHOLE EA 4 $2,000.00 $8,000.00
4 CONNECT TO EX. SANITARY SEWER EA 1 $2,000.00 $21000.00 SUB-TOTAL $57,416.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 194 $18.00 $3,492.00
2 24" STORM DRAIN LF 1,663 $30.00 $49,890.00
3 36" STORM DRAIN LF 76 $39.00 $2,964.00
4 STD. MANHOLE EA 4 $2,000.00 $8,000.00
5 CATCH BASIN EA 4 $1,450.00 $5,800.00
6 CONNECT TO EX. STORM DRAIN EA 1 $2,000.00 $2,000.00
SUB-TOTAL $72,146.00
E. CONCRETE
1 6" VERTICAL CURB & GUTTER LF 3,500 $13.00 $45,500.00
(INCL. RETURNS & DRIVEWAYS)
2 6" VERTICAL CURB LF 2,975 $12.00 $35,700.00
3 SIDEWALK (INCL. RAMPS, RETURNS SF 17,960 $3.00 $53,880.00 & DRIVEWAYS)
4 WHEEL CHAIR RAMP (LABOR ONLY) EA 4 $800.00 $3,200.00
SUB-TOTAL $138,280.00
F. PAVING
1 5" AC OVER 17" AB SF 99,828 $4.50 $449,226.00
SUB-TOTAL $449,226.00
G. ELECTROLIERS
1 ELECTROLIERS EA 11 $2,500.00 $271500.00
SUB-TOTAL $27,500.00
p:209.571.1765 I f:209.571.2466 PROBABLE COST
Modesto Office: 1165 Scenic Drive, Suite B Modesto, CA I www.odellengineering.com O'Dell Engineering 309
H. MISCELLANEOUS
1 LANDSCAPING & IRRIGATION
2 STREET NAME SIGN
3 STRIPING
4 MONUMENT WELLS
Notes:
SF 36,390 $7.00 $254,730.00
EA 2 $300.00 $600.00
LS 1 $6,000.00 $6,000.00
EA 5
SUB-TOTAL
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Construction Total
ESTIMATED SOFT COSTS (15%)
CONSTRUCTION CONTINGENCY (20%)
$1,125,544.65
$168,831.70
$225,108.93
GRAND TOTAL $1,519,485.28
1. See attached exhibits for limits of improvements included in this estimate.
2. This estimate does not include cost for removal and/or replacement of existing Utility poles and the utilities associated with the utility poles.
3. This estimate does not include cost for irrigation ditch removal, relocation, or pipe lining.
4. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
5. This estimate includes half of the water improvements cost since it also serves other properties.
6. Items not included as part of this estimate.
A. Good Neighbor Fencing
B. Walls
C. Utility Pole Relocation
D. Existing Irrigation Facility Demolition/Relocation
7. This estimate is not intented for bidding purposes
p:209.571.1765 I f:209.571.2466 PROBABLE COST
Modesto Office: 1165 Scenic Drive, Suite B Modesto, CA I www.odellengineering.com O'Dell Engineering 310
EXHIBIT "D"
VTTM 2021-01 AND CONDITIONS OF APPROVAL
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EXHIBIT C
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2021-01 -
QUAIL MEADOWS VILLAGES AT STONECREEK V
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map.
2. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a Community Facilities District created for the purposes of funding public safety, as authorized by Government Code Section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.
3. Prior to approval of any Final Map, the Developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution.
The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.
4. The project shall be subject to and the Developer shall pay development impact fees enacted by the City, including scheduled or periodic increases as provided for in the adopting ordinance or resolutions in effect at the time of the Developer's request for the issuance of a building permit and/or as included in the Subdivision Improvement Agreement.
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5. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.
6. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code.
7. All development shall be consistent with the Vesting Tentative Tract Map #2021-01 and approved Final Development Plan #2021-01, reflecting any amendments added during approval.
8. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
9. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
10. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
11. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.
12. A Final Map Guarantee shall be prepared and provided to the County Recorder.
13. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.
14. Developer shall include a Public Utility Easement of ten (10) feet along all road frontages.
15. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.
16. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2021-01.
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17. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: "The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."
18. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.
19. On-site improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.
20. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department. The developer shall enter into a subdivision improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.
21. The project is subject to the appropriate Development Impact Fees as established by the City.
22. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.
23. The applicant shall obtain City approval in advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.
24. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.
25. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.
26. Building permits will be issued in accordance with City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.
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27. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.
28. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer.
29. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
30. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.
31. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.
32. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
33. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:
If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
34. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.S(e):
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If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Pre-Construction and Construction
32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours.
This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Director.
33. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department in areas where residential units are under construction.
34. Temporary construction trailers shall be permitted only in areas immediately adjacent to or within that portion of the subdivision where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.
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35. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.
36. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.
37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.
Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taller than eighteen inches.
38. All contractors and subcontractors performing work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work performed on the project shall comply with the requirements of the State Business and Professions Code.
39. Construction shall be limited to those times allowed by City Ordinance:
Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.
These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing installed in accordance with the American Society for Testing and Materials standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
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g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
41. Where standard comer lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.
42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.
43. Masonry walls shall be decorative and in conformance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls except for the masonry wall along the Pacheco/ Pioneer Connector Road.
44. The developer shall install a decorative masonry wall along the eastern right-of-way of the Pacheco/Pioneer Connector as approved by the Community and Economic Development Director and Public Works Director.
Air Quality:
45. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
46. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.
4 7. Natural gas line and electrical outlets shall be included in the backyard or patio areas of residences to encourage the use of gas and/or electric barbecues.
48. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.
49. Only low emitting, EPA approved fireplace inserts and/or wood stoves or natural gas fireplaces shall be installed. No open hearth fireplaces shall be allowed.
50. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District.
Developer shall prepare an air emissions reduction if required. 12 319
Access and Circulation:
51. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF).
52. Half-street sections will not be permitted in the construction of VTTM #2021-
01. 53. All bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.
54. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted.
55. Improvements to arterials and collector streets shall be completed prior to occupancy of any use within each phase as shown on the improvement plans, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.
56. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.
57. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City and/or Caltrans standards.
58. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
59. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
60. Prior to Final Map approval, the developer shall have a Traffic Engineer design traffic calming measures throughout the project area to be approved by the Public Works Director/City Engineer. Traffic calming measures may include, but are not limited to, raised intersections, stop signs, varied cross sections, solar speed limit radars, and roundabouts to be installed by the developer.
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Utilities:
Water:
61 . The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan review stage.
62. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
63. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
64. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
65. Where the invert is six feet or greater below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground utility lines.
66. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare into oncoming traffic. Streetlight locations shall be shown on Improvement Plans.
Developer shall utilize decorative streetlights, as approved in Final Development Plan, meeting the illumination standards required in the City street light standards, except that cobra-head streetlights shall be used on arterial streets.
67. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
68. Approved backflow devices shall be installed as required.
69. Domestic water services shall not be placed in driveways.
70. Prior to recordation of a Final Map, certification shall be obtained by the Central California Irrigation District that the property has been detached from CCID, or that remaining CCID lines will be intact or rerouted to the satisfaction of CCID.
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Sewer:
71 . The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.
72. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.
Storm Drainage:
73. Final Improvement Plans for the storm drainage system shall utilize the TR55 analysis method. 7 4. All development shall comply with the Phase II storm water regulations.
75. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
76. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP) for pre and post construction best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources.
Public Safety:
77. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
78. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards.
79. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
80. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
81. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.
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82. Fire hydrants ( or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. Fire hydrants (or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.
83. Street names shall be approved by the Fire Department.
84. Driveway approaches, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.
85. Upon completion and approval of the project plans, developer shall submit an electronic file, via email or file sharing service (i.e. Dropbox) to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
86. In accordance with the Stonecreek Area Plan and the Stonecreek Area Plan EIR, developer shall dedicate Lot Bas shown on the Vesting Tentative Tract Map (VTTM #2021-01 ), consisting of 1.4 acres, to the City of Los Banos to be used for Fire Station #4, which will be constructed by the City of Los Banos. The parties shall take all reasonable and necessary steps and actions to satisfy this condition within a reasonable time after the approval of the Vesting Tentative Tract Map (VTTM #2021-01) and Development Agreement. The dedication shall be completed with the recording of the final map for the phase containing Lot B.
Landscaping:
87. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building permit issuance and shall be approved by the City Engineer and Community and Economic Development Director.
88. Draught tolerant planting may replace front yard turf as approved by the Community and Economic Development Department and Public Works Department.
89. The developer shall comply with the adopted street tree ordinance.
90. Masonry walls shall be landscaped with vines to discourage graffiti.
91. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
92. Landscape plans for single-family residences shall utilize drought tolerant 16 323
Parks:
plantings for no ·Iess than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. Irrigation systems shall be set to minimize water use and spillage onto paved areas.
93. Landscape plans shall be designed in accordance with any adopted revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and/or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.
94. The developer shall provide an Irrevocable Offer of Dedication (IOD) for Lot Fas shown on the Vesting Tentative Map (VTTM #2021-01 ), consisting of 10,836 square feet for future development of a neighborhood park.
95. A Park Dedication and Parks and Recreation Impact Fee shall be paid with each building permit for the development of new recreational facilities in Los Banos.
Notice: This approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government code sections 66000 et seq.) This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act. 17 324
EXHIBIT "E"
FDP 2021-01 AND CONDITIONS OF APPROVAL
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EXHIBIT "F"
[SAMPLE FORM]
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter "this Agreement") is entered into this ___ day of ____ , 20_, by and between ______________________ (hereinafter called "Owner") and, (hereinafter "Assignee").
RECITALS
A. On -----~ 20 , the City of Los Banos and Owner entered into that certain agreement entitled "Development Agreement," approved by Ordinance ____ (hereinafter "Agreement"), relative to the development known as the ____________ _ (hereinafter "Subject Property").
B. Owner entered into a purchase and sale agreement whereby a portion of the Subject Property will be sold to Assignee, which portion of the Subject Property is identified and described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter the "Assigned Parcel(s)").
C. Owner desires to assign all of its interests, rights and obligations under the Agreement with respect to the Assigned Parcel(s).
D. Assignee desires to assume all Owner's rights and obligations under the Agreement with respect to the Assigned Parcel(s).
NOW, THEREFORE, Owner and Assignee hereby agree as follows:
1. Owner hereby assigns, effective as of Owner's conveyance of the Assigned Parcel(s) to Assignee, all of the rights, interest, burdens and obligations of Owner under the Agreement with respect to the Assigned Parcel(s). Owner retains all the rights, interest, burdens and obligations under the Agreement with respect to all other property within the Subject Property owned thereby.
2. Assignee hereby assumes all of the burdens and obligations of Owner under the Agreement, and agrees to observe and fully perform all of the duties and obligations of Owner under the Agreement, and to be subject to all the terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention of both Owner and Assignee that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s) to Assignee, Assignee shall be come substituted for Owner as the "Developer" under the Agreement with respect to the Assigned Parcel(s).
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3. All of the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
ASSIGNOR/ OWNER
By: ______ _ _
By: _______ _
ASSIGNEE
By: _______ _
By: _______ _
SIGNATURES MUST BE NOTARIZED
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EXHIBIT "G"
[SAMPLE FORM]
NOTICE OF TERMINATION
THIS NOTICE OF TERMINATION (hereinafter "this Notice") is given this day of _____ , 20_, by the City of Los Banos (hereinafter called "City'') for the benefit of ________________ ____, (hereinafter "Owner").
1. On _____ , 20_, the City of Los Banos and _______ entered into that certain agreement entitled "Development Agreement," approved by Ordinance ------ (hereinafter "Agreement"), relative to the development known as the (hereinafter "Subject Property").
2. Owner has fully performed all its duties with respect to that portion of the Subject Property, which portion of the Subject Property is identified and described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter the "Released Property").
3. Pursuant to Section of the Development Agreement, the Development Agreement is no longer in effect with respect to the Released Property.
CITY OF LOS BANOS
By:
City Manager or Designee
SIGNATURES MUST BE NOTARIZED
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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LANDOWNER'S CONSENT
[APNs 430-010-024; 430-010-027; 430-010-028; 430-103-004] I/We, the undersigned am/are the landowner(s) of record of Parcels 1, 2, and 4, APN 430-010- 024; 430-010-027; 430-010-028; 430-103-004 of that property described in Exhibit A to this Development Agreement by and between the City of Los Banos and Anderson Homes, a California corporation, relative to the project known as Quail Meadows Villages at Stonecreek V. I/We hereby consent to all the terms and conditions of said Agreement and agree that my/our property as described herein shall be bound by all of the terms and conditions of said agreement.
Landowner and each person executing this Consent on behalf of Landowner hereby represents and warrants to City as follows: (i) that Landowner is the owner of the fee simple title to the Property; (ii) if Landowner or any co-owner comprising Landowner is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Landowner or any co-owner comprising Landowner is a natural person that such natural person has the legal right and capacity to execute this Consent; (iv) that all actions required to be taken by all persons and entities comprising Landowner to enter into this Consent have been taken and that Landowner has the legal authority to enter into this Consent; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Landowner or any person or entity comprising Landowner has to any third party; (vi) that neither Landowner nor any co-owner comprising Landowner is the subject of any voluntary or involuntary petition; and (vii) that Landowner has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i)- (vi), inclusive, or affecting Developer's authority or ability to enter into or perform any of its obligations set forth in this Agreement.
Dated:
LODI DEVELOPMENT, INC., a California
Corporation
By: Michael Anderson
Vice President
SIGNATURES MUST BE NOTARIZED
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On _____ , 20_, before me, __________ __ _, a Notary
Public, personally appeared _ ____________ ., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
[SEAL]
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LANDOWNER'S CONSENT
[APNs 430-010-026]
I/We, the undersigned am/are the landowner(s) of record of Parcel 5, APN 430-010-026 of that property described in Exhibit A to this Development Agreement by and between the City of Los Banos and Anderson Homes, a California corporation, relative to the project known as Quail Meadows Villages at Stonecreek V. I/We hereby consent to all the terms and conditions of said Agreement and agree that my/our property as described herein shall be bound by all of the terms and conditions of said agreement.
Landowner and each person executing this Consent on behalf of Landowner hereby represents and warrants to City as follows: (i) that Landowner is the owner of the fee simple title to the Property; (ii) if Landowner or any co-owner comprising Landowner is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Landowner or any co-owner comprising Landowner is a natural person that such natural person has the legal right and capacity to execute this Consent; (iv) that all actions required to be taken by all persons and entities comprising Landowner to enter into this Consent have been taken and that Landowner has the legal authority to enter into this Consent; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Landowner or any person or entity comprising Landowner has to any third party; (vi) that neither Landowner nor any co-owner comprising Landowner is the subject of any voluntary or involuntary petition; and (vii) that Landowner has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i)- (vi), inclusive, or affecting Developer's authority or ability to enter into or perform any of its obligations set forth in this Agreement.
Dated:
Dated:
LODI DEVELOPMENT, INC., a California
Corporation
By: Michael Anderson
Vice President
ANDERSON HOMES, a California
Corporation
By: Michael Anderson
Vice President
SIGNATURES MUST BE NOTARIZED
333
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ----
)
)
)
On _____ , 20_, before me, ____________ ___, a Notary
Public, personally appeared _____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________ _
[SEAL]
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On _____ , 20_, before me, ____________ ____, a Notary
Public, personally appeared ____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
[SEAL]
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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LANDOWNER'S CONSENT
[APNs 430-010-035]
I/We, the undersigned am/are the landowner(s) of record of Parcel 3, APN 430-010-035 of that property described in Exhibit A to this Development Agreement by and between the City of Los Banos and Anderson Homes, a California corporation, relative to the project known as Quail Meadows Villages at Stonecreek V. I/We hereby consent to all the terms and conditions of said Agreement and agree that my/our property as described herein shall be bound by all of the terms and conditions of said agreement.
Landowner and each person executing this Consent on behalf of Landowner hereby represents and warrants to City as follows: (i) that Landowner is the owner of the fee simple title to the Property; (ii) if Landowner or any co-owner comprising Landowner is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Landowner or any co-owner comprising Landowner is a natural person that such natural person has the legal right and capacity to execute this Consent; (iv) that all actions required to be taken by all persons and entities comprising Landowner to enter into this Consent have been taken and that Landowner has the legal authority to enter into this Consent; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Landowner or any person or entity comprising Landowner has to any third party; (vi) that neither Landowner nor any co-owner comprising Landowner is the subject of any voluntary or involuntary petition; and (vii) that Landowner has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i)- (vi), inclusive, or affecting Developer's authority or ability to enter into or perform any of its obligations set forth in this Agreement.
Dated:
Dated:
LARRY W. ANDERSON AND
GEORGANN M. ANDERSON
REVOCABLE FAMILY TRUST DATED
AUGUST 9, 2004
Larry W. Anderson, co-trustee
Georgeann M. Anderson, co-trustee
SIGNATURES MUST BE NOTARIZED
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On ______ , 20_, before me, ------------~ a Notary
Public, personally appeared _ ____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________ _
[SEAL]
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.