Agenda packet — Los Banos City Council, June 1, 2022 (part 1 of 4)

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www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JUNE 1, 2022 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/channel/UC3sy5 slYr3447mZsrql5Tg i - ff;;;,~~;ii.ii:i%::i;;iioii2f fiiiif !Zi!i~1iE?:iiii}i~:i ii~n;h ;
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 Ila me 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. ··············································································································· ····························•·•·•·•····································· ............................ ......................................................... · i . 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.
* * * * * * * ** * * * * * * *
Cualquier escritura o tos documentos proporcionaron a una mayor/a def Ayuntamiento respecto a cuatquier artfculo en este orden de/ dfa sera hecho disponible para ta inspecci6n publica 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 normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org . .............................................................................................................................................................................................................................................................................................

1. CALL TO ORDER - June 1, 2022 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __ Los Banos City Council Agenda - June 1, 2022 Page 1 of 5 1 4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PRESENTATIONS.

A. Proclamation Recognizing State Farm Day.

B. Proclamation Recognizing the 50th Anniversary of Golden Valley Heath Centers.

C. Certificate of Recognition - Vincenzo Greco, 2022 Los Banos Police Officer of the Year.

D. Certificate of Recognition - Bethel Community Church for Being Named as an Outstanding Volunteer Organization by Merced County Board of Supervisors.

E. Certificate of Recognition - Jeri Blevins for Being Named as an Outstanding Volunteer by Merced County Board of Supervisors.

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 #232696 - #232901 in the Amount of $729,334.09.

Recommendation: Approve the check register as submitted.

B. Minutes for the May 18, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. City Council Resolution No. 6502 - 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.

D. City Council Resolution No. 6503 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022 for the Election of Certain Officers: Mayor "At-Large" for a Full Term of Two (2) Years, Council Member for District 2 for a Full Term of Four (4) Years, Council Member for District 3 for a Full Term of Four (4) Years, City Clerk "AtLarge" for a Full Term of Four (4) Years, City Treasurer "At-Large" for a Full Los Banos City Council Agenda - June 1, 2022 Page 2of5
2 Term of Four (4) Years as Required by the Provisions of the Laws of the State of California.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6504 - Requesting that the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on Tuesday, November 8, 2022 with the California Statewide General Election to be held on the Date Pursuant to Section 10403 of the Election Code.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6505 -Adopting a Revised Budget for the 2021- 2022 Fiscal Year as it Pertains to Increasing Expenditures in the Administration Department General Fund Professional Services Account in the Amount of $25,000.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6506 - Authorizing the City Manager to Enter into Measure V Regional Project Funding Agreement for the Pacheco Boulevard (SR 152) Regional Path Project between the City of Los Banos and Merced County Association of Governments (MCAG).

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6507 - Approving and Adopting Final Tract Map No. 2016-01 East Center, Phase 3A and Accompanying Subdivision Improvement Agreement (Pioneer Development Company, Inc.).

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6508 - Accepting Public Improvements for Southbrook at Stonecreek the Villages IV, Phase 28 Unit 1 (Anderson Homes, Inc.).

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6509 - Accepting Public Improvements for Southbrook at Stonecreek the Villages IV, Phase 2B Unit 2 (Anderson Homes, Inc.).

Recommendation: Adopt the resolution as submitted.

K. City Council Resolution No. 6510 - Amending the Fiscal Year 2021-2022 Budget by Increasing Appropriations in the General Fund for Professional Services for Engineering in the Amount of $156,500.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - June 1, 2022 Page 3of5
3 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. (Second Reading & Adoption) Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, waive the second reading and adopt 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) 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]. (Second Reading & Adoption)
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, waive the second reading and adopt the ordinance as submitted.

C. Public Hearing - To Receive Public Comment and Consideration of the Levy of the Proposed Annual Assessment for the 2022-2023 Fiscal Year for Landscaping and Lighting District Nos. 1-7 and 9-19.
1) City Council Resolution No. 6511 - Confirming Diagram, Assessment and Levying Assessments for Landscaping and Lighting District Nos. 1-7 and 9-19 for the 2022-2023 Fiscal Year.

Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted.

Los Banos City Council Agenda - June 1, 2022 Page 4of5
4 9. FISCAL YEAR 2022-2023 BUDGET WORKSHOP.

Recommendation: Informational item only, no action to be taken.

10. ADVISEMENT OF PUBLIC NOTICES. (Four Reports)
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 Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria

14. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing a enda was posted he City Hall bulletin board not less than 72 hours prior to the meeting.

Dated this 27th day of May 2022
Los Banos City Council Agenda - June 1, 2022 Page 5 of5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 PROCL4MA TION

RECOGNIZING STATE FARM DAY
WHEREAS, State Farm is celebrating its .10Qth Anniversary in 2022; and WHEREAS, State Farm was founded in the United States on the seventh of June in the year 1922 by G.J. Mecherlf!, a fatmerfrom Merna, IJlinois,· and WBE.RBA.S, Joe Gutierrez is a State Farm Agent in our ci.ty and has been assisting customers since 1988; and
Wlllr.RBAS, he has Cl passion for being involved. in our community by way of being a member of the Los Banos Chamber of Commerce, coaching basketball and has volttnteered as a Board of Tntstee for Merced College and Memorial Hospi.tal for a combined period of 22 years;and
WlfE.REAS, the City of Los Banos reoognizes the positive impact Joe Gutierrez and State Fann have on our community as they have been taking care of customers in the City of Los Banos for 34 years.

NOW, THBMFORB, SE IT PR~.O that the Mayor and City Councif Members ofthe City of Los Banos do hereby recognize .June 7, 2022 as State Fa,rm Day in the City of Los Banos and encourage residents to obseroe the day by demonstrating what being a good neighbor is all about through acts of kindness and makt"ng people welcome.

In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 1st day of June 2022. · ·
APPROVED:

Manuel Thomas Faria HI, Mayor
ATTEST:·
Lucille L. Mallonee, City Clerk
7 .P.ROCUMATION
RECOGNIZING THE SOTB ANNlVBRSARY

OF GOLDEN VALLEY HEALTH CENTERS
WHEREAS, Golden Valley Health Centers began serving the Central Valley in the City of Merced in 1972; and
WBB.RBAS, Golden Valley Health Centers' team of doctors, q.entists, behavioral health counselors, other medical professionals and their teams are committed to providing quality health care services regardless of language, financial or cultural barriers; and· WHBREA.S, Golden Valley Health Centers is a Federally Qualified Health Center thqt provides medical, dental, behavioral health and specialties to over 150,000 patients in Merced, Stanislaus and San Joaquin Counties through their 45 locations; and WIIERE.4S, Golden Valley Health Centers has been certified as an Advocacy Center of Excellence·by the National Association of Health Centers (NACHC) which is a community health center that creates a . culture of advo.cacy to ensure ·that policymakers at all levels of government commit to investing in affordable, equitable and innovative care that health centers provide; and
WBS.REAS, Golden Valley Health Centers is celebrating its 50th Anniversary in 20.22. . .

NOW, THBRBFORE, BB IT PROCW,MED that the Mayor and City COtJ.ncil Members of the · City of Los Banos.· do hereby congratulate Golden VaUey Health Centers on its 5Qth Anniversa.ry and recognize the dedication and commitment it has to the health and wellbeing of residents in our community and·surrounding areas . .

In witness whereof, I have · hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 1st day of June 2022.

APPROVED:

Manuel Thomas Faria m, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
8 CERTIFICATE OF -RECOGNfl10N
<Presented" 'to

VINCENZO GRECO
Police Officer - Los Banos Police Department
In recognition. of your enforcement.proactiwty,
an£ genuine cf.rive to :remain engaged with our qommunity antffor 6eing named.as tlie 2022 Offaer of tlie <Year
· 6y tlie Los <Banos <Po{ice <Department.
9t1.anuef<J1iomas Parja III, 9t1.ayor
(J)ated': June 1, 2022
T Cityof B LOS .· anos
\1 1/1, ,-.. ~~•rJG,h o} Calif11, ,uu
9 CERTIFICATE OF RECOGNITION
(J>resenterf <To ·

BETHEL COMMUNITY CHURCH
In recognition of its, mem6ers' tfeaication amfcommitment to tlie residents of 9rf.ercea County. tlitougli vo{unteerism antf for 6eine· named as an Outstanding o/o{unteer Organization 6y tlie ·911..erced County CJ3oard of Supervisors.
:ManueC <J.1iomas Paria II l,· :Mayor
(l)ated: June.J, 2022
LOsBanos
,\1 th,• <..m,~mmh CuliJw-1-1«/ ·
10 CERTIFICATE OF RECOGNI110N
<Present!!tf 'To

JERI BLEVINS
In reco9nition of your detfication antf commitment
to tlie residents of :M.erced County t/i,rouoli your vo{unteerism aruf for 6ein9 named as an Outstarufina o/o{unteer
6y tfte :Merced County <Boartf ojsupeivisors.
!Manue(([nomas Paria-111, !Mayor
(J)atea: June 1, 2022
LOsBanos
\, llw (.n1'MtJu,ls oj ( 11/tf1>1t1Ul
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 CK # 232696 - # 232901 06/01/2022 $729,334.09
Bank Reconciliation
Checks by Date
User: jcanchola LOs Banos
Printed: 05/25/2022 - 8:16AM 11 1tJ, ll 111
Cleared and Not Cleared Checks
Print Void Checks
Check No Check Date Name Module Void Amount
232697 5/13/2022 Anthony Gomes AP 185.00
232698 5/13/2022 Aramark Uniform Ser Inc AP 188.82
232699 5/13/2022 AramarkUnifonn & Career Apparel Group, Inc. AP 141.76 232700 5/13/2022 Ascent Aviation Group, Inc. AP 42,635.57 232701 5/13/2022 AT&T AP 21.13
232702 5/13/2022 AT&T AP 111.64
232703 5/13/2022 Hailey Andrews AP 550.00
232704 5/13/2022 Todd Baker AP 254.00
232705 5/13/2022 Boot Barn AP 327.01
232706 5/13/2022 Borelli Real Estate Service, Inc. AP 90.00 232707 5/13/2022 BSK Associates AP 2,041 .25
232708 5/13/2022 Burton's Fire Inc. AP 685.13
232709 5/13/2022 Ca Dept of Justice AP 662.00
232710 5/13/2022 Cen-Cal Air AP 415.31
232711 5/13/2022 Condor Earth Technologies, Inc. AP 1,087.60 232712 5/13/2022 CSG Consultants Inc. AP 114,388.27
232713 5/13/2022 CSMFO AP 50.00
232714 5/13/2022 LN Curtis & Sons AP I, 185.30
232715 5/13/2022 Central CA Alliance for Health AP 950.00 232716 5/13/2022 Eryka Cohen AP 900.00
232717 5/13/2022 Kathy Cortez AP 600.00
232718 5/13/2022 Ascension Debie AP 500.00
232719 5/13/2022 Employee Relations, Inc. AP 50.00
232720 5/13/2022 F S Rod Inc AP 1,312.50
232721 5/13/2022 4Al1Promos LLC AP 546.43
232722 5/13/2022 Gama Sonic USA Inc. AP 4,192.25
232723 5/13/2022 Galls Inc AP 176.51
232724 5/13/2022 GoTo Communications, Inc. AP 3,026.52
232725 5/ 13/2022 Government Finance Officers Association AP Void 250.00 232726 5/13/2022 Halcyon Creek Inc. AP 490.64
232727 5/13/2022 Helena Chemical Co Inc AP 5,448.38
232728 5/ 13/2022 Henley Pacific, LLC AP 404.61
232729 5/13/2022 Holt of California AP 507.27
232730 5/13/2022 Charles A. Edler AP 392.00
232731 5/13/2022 Kalmikov Enterprises, Inc AP 320.92
232732 5/13/2022 Krazan & Associates AP 1,040.00
232733 5/13/2022 TimJLaw AP 3,200.00
232734 5/13/2022 Lucas Business Systems AP 589.74
232735 5/13/2022 Marfab Inc AP 49.25
232736 5/ 13/2022 Merced County Regional Waste Management Authority AP 7,076.95 232737 5/ 13/2022 Monument Row, Inc. AP 1,728.12
232738 5/13/2022 Most Dependable Fountains Inc. AP 1,463.75 232739 5/13/2022 Napa Auto Parts of Los Banos AP 6.95
232740 5/ 13/2022 The Office City AP 382.10
13 232741 5/13
/2022 OSE AP 88.45
232742 5/13/2022 O'Reilly Auto Parts AP 704.89
232743
5/13/2022 Pace Supply Corp. AP 1,108
.21
232744 5/13
/2022 Plan It Geo LLC AP 1,000.00
232745 5/13/2022 Provost and Pritchard Engineering, Inc. AP 40.00 232746 5/13
/2022 Protech Security & Electronics, Inc. AP 189
.00
232747 5/13
/2022 Javier Parras AP 600.00
232748 5/13/2022 Esmeralda Ramirez AP 250.00
232749
5/13/2022 Save Mart Supermarkets AP 55.18
232750 5/13
/2022 Sensus USA Inc AP 15,450.00
232751 5/13/2022 Sherwin Williams Co AP 170.09
232752
5/13/2022 Frank Silveria AP 542
.00
232753
5/13
/2022 Springbrook Software, Inc. Springbrook Holding Company LLC AP 2,393.00
232754 5/13/2022 Sorensens True Value AP 334.36
232755
5/ 13/2022 Sorensens True Value AP 90
.24
232756 5/13
/2022 Stommel, Inc. AP 3,298.93
232757 5/13/2022 Talley Oil Inc. AP 3,504.03
232758 5/13/2022 TeamCalifornia Economic Development Corp. AP 2,000.00
232759 5/13
/2022 Triangle Rock Products AP 13
,137.00
232760 5/13/2022 USA Blue Book AP 38.52
232761 5/13
/2022 Lisa Anguiano AP 4.91
232762
5/13
/2022 Linda Del Real AP 11.25
232763 5/13
/2022 D.R. Horton AP 152.05
232764 5/13/2022 UC Construction AP 178.54
232765 5/13/2022 Meritage Homes AP 216.53
232766 5/13
/2022 Mission Merced AP 114.42
232767 5/13/2022 Marcelo Galicia AP 66.87
232768
5/ 13/2022 Manuel and Maria Pereira AP 66.87
232769 5/13
/2022 Huai Ding AP 171.46
232770 5/13/2022 Alfredo Horta AP 123.93
232771 5/13/2022 Westhill Property Mgmt AP 123
.93
232772 5/13
/2022 Meritage Homes AP 217.30
232773 5/13/2022 Donna Bond AP 66.87
232774 5/13
/2022 Genova Lopez AP 66
.87
232775 5/13
/2022 RBG Construction AP 167.81
232776 5/13/2022 James Burkhardt AP 126.50
232777 5/13
/2022 W esthill Property Mgmt AP 130
.27
232778
5/13
/2022 Manuel and Maria Pereira AP 66.87
232779 5/13/2022 Meritage Homes AP 217.30
232780
5/13
/2022 Salvador Mendoza AP 66
.87
232781 5/13
/2022 Karina Pacheco AP 61.96
232782 5/13/2022 Alicia Sepulveda Arellanes AP 102.17
232783 5/13
/2022
D.R. Horton AP 268.50
232784
5/13
/2022 Wilma Johnson AP 4.91
232785 5/13
/2022 Yatzari Fregoso AP 69.31
232786 5/13/2022 WECO Industries, LLC AP 754.20
232787
5/13
/2022 Westside Water Conditioning AP 28.50
232788 5/13
/2022 Windecker Inc AP 36
,841.48
232789 5/13/2022 Young's Air Conditioning AP 262.00
232790
5/13/2022 Liebert Cassidy Whitmore AP
2,279
.00
232791 5/13/2022 Byron Lynch AP 7,880.78
232792 5/13/2022 MassMutual AP
1,516.02
232793
5/13
/2022 Guadalupe Moreno AP 120.00
232794 5/13
/2022 Ranchwood Homes AP 19
,129.52
232795 5/13/2022 Ranchwood Homes AP
1,090.03
232796
5/13/2022 US Bank Corp Pymt System AP 38
,063.52
14 232797 5/13/2022 Xerox Financial Services AP 2,964.30 232804 5/20/2022 All American Plumbing AP 578.24
232805 5/20
/2022 Apex Annex Health Center, Inc. AP 786.00
232806 5/20/2022 Aramark Uniform Ser Inc AP 617.89
232807 5/20/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 232808
5/20/2022 AT&T AP 760
.13
232809 5/20
/2022 Richard A Blak Phd AP 1,800.00
232810 5/20/2022 BSK Associates AP 1,860.00
232811
5/20/2022 City Signs AP 575.00
232812 5/20
/2022 Central Sanitary Supply AP 623.32
232813 5/20/2022 Clark Pest Control Inc AP 161.00
232814 5/20
/2022 Comcast AP 128.74
232815 5/20
/2022 Copy Shipping Solutions AP 1,174.50
232816 5/20/2022 LN Curtis & Sons AP 1,671.46
232817
5/20/2022 Frederico Castro AP 600.00
232818
5/20
/2022 Terry Corona AP 550.00
232819 5/20/2022 The ABY MFG Group. Inc. AP 154.60
232820 5/20/2022 Farmer Brothers Coffee AP 158.72
232821 5/20
/2022 Federal Express Corporation AP 12.58
232822 5/20/2022 First in Safety AP 303.41
232823 5/20/2022 Government Revenue Solutions Holdings I, LLC AP 750.00 232824
5/20/2022 Gouveia Engineering Inc. AP 2,986.02
232825 5/20/2022 Halcyon Creek Inc. AP 12,276.00
232826 5/20/2022 Home Depot AP 3,549.95
232827
5/20/2022 Joseph P Silva AP 140.00
232828 5/20/2022 Kings View Corporation AP 400.00
232829 5/20/2022 Krazan & Associates AP
3,443.50
232830
5/20/2022 Los Banos Downown Assoc. AP 100.00
232831 5/20
/2022 AAA Backflow Prevention, Inc. AP 13.36
232832 5/20/2022 Fastenal Company AP 65.00
232833
5/20/2022 HCI Systems, Inc. AP 13
.36
232834 5/20
/2022 Linneman Law, LLP AP 2.00
232835 5/20/2022 M V Construction, Inc. AP 13.36
232836
5/20/2022 M.G. Santos, Inc. AP 65.00
232837 5/20
/2022 Mears Group, Inc. AP 13.36
232838 5/20/2022 Sorensen's Farm and Home Supply, Inc. AP 65.00 232839
5/20/2022 Starbucks Coffee AP 65.00
232840
5/20/2022 TDJ & Associates Photography AP 3.58
232841 5/20/2022 Traffic Depot, Incorporated AP 65.00
232842
5/20/2022 Valley Granite and Cabinets AP 65.00
232843
5/20/2022
W.C. Maloney, Inc. AP 13.36
232844 5/20/2022 Womack Striping, Inc. AP 13.36
232845 5/20/2022 Mark Thomas & company. Inc. AP
4,030.75
232846
5/20/2022 Marfab Inc AP 83.11
232847 5/20/2022 National Demographics Corporation AP I 8,750.00 232848 5/20/2022 NDN International LLC AP 740.34
232849 5/20
/2022 Lisa Nieto AP 600.00
232850 5/20/2022 The Office City AP 142.17
232851 5/20/2022 PG&E Company AP 135,624.85
232852 5/20
/2022 Pace Supply Corp. AP 1,627.42
232853 5/20/2022 Provost and Pritchard Engineering, Inc. AP 2,139.60 232854 5/20/2022 Riggs Ambulance Service AP 453.03
232855 5/20
/2022 Save Mart Supermarkets AP Void 288.22
232856 5/20
/2022 SIJ Holdings, Inc AP 1,946.18
232857 5/20/2022 Smith & Loveless Inc AP
1,760.58
232858 5/20/2022 Sorensens True Value AP 287.36
15 232859 5/20/2022 Sorensens True Value AP 137.97
232860 5/20/2022 State Water Resources Control Board AP 95.00 232861 5/20/2022 Superior Pool Products, LLC AP 4,348.31 232862 5/20/2022 Soknirom Than AP 71.39
232863 5/20/2022 Thomas Floor Coverings, Inc AP 7,053.72 232864 5/20/2022 United Site Services, Inc. AP 132.97
232865 5/20/2022 MHP Builders Inc AP 160.92
232866 5/20/2022 Meritage Homes AP 210.40
232867 5/20/2022 D.R. Horton AP 263.91
232868 5/20/2022 D.R. Horton AP 195.84
232869 5/20/2022 Rigoberto Calderon AP 82.72
232870 5/20/2022 UC Construction AP 141.39
232871 5/20/2022 Ethan Conrad Properties AP 133.76
232872 5/20/2022 Leslie Jackson AP 138.75
232873 5/20/2022 Rodrigo Serrano AP 144.69
232874 5/20/2022 Erandi Magana Saenz AP 92.24
232875 5/20/2022 Meritage Homes AP 204.44
232876 5/20/2022 Angel Cordova AP 44.69
232877 5/20/2022 Robert Gallichio AP 39.78
232878 5/20/2022 California Dairies, Inc. - Store AP 82.32 232879 5/20/2022 Home Sweet Home Property Management Co. AP 165.12 232880 5/20/2022 D.R. Horton AP 260.07
232881 5/20/2022 D.R. Horton AP 192.77
232882 5/20/2022 D.R. Horton AP 192.77
232883 5/20/2022 D.R. Horton AP 192.77
232884 5/20/2022 Blossom Valley Realty AP 158.80
232885 5/20/2022 Law Offices of William A Vaughn AP 31,439.25 232886 5/20/2022 Westamerica Bank - Cafeteria Plan AP 72,445.18 232887 5/20/2022 West Publishing Corporation AP 404.20
232888 5/20/2022 Windecker Inc AP 4,258.03
232889 5/20/2022 Young's Air Conditioning AP 539.00
232890 5/20/2022 Aflac-Customer Service AP 366.86
232891 5/20/2022 AFSCME District Council 57 AP 1,302.01 232892 5/20/2022 Los Banos Fitness & AP 350.00
232893 5/20/2022 Los Banos Police Assn AP 1,050.00
232894 5/20/2022 Los Banos Police Assn AP 245.00
232895 5/20/2022 MassMutual AP 1,610.78
232896 5/20/2022 MassMutual AP 3,305.00
232897 5/20/2022 Nationwide Retirement Solutions AP 22,890.00 232898 5/20/2022 Professional Fire Fighter AP 975.00
232899 5/20/2022 State Disbursement Unit AP 1,519.50
232900 5/20/2022 Vantagepont Transfer Agents - 306797 AP 1,032.40 232901 5/20/2022 Vantagepoint Transfer Agents - 801838 AP 6,000.00 Break in check sequence due to the following: Total Void Check Count: 2 Check# 232696 (Payroll) Total Void Check Amount: 538.22 Check# 232798 - # 232803 (Payroll) Total Valid Check Count: 197 Total Valid Check Amount: 728,795.87
Total Check Count: 199
Total Check Amount: 729,334.09
16 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
MAY 18, 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 Faria called the City Council Meeting to order at the hour of 6:01 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Manuel Thomas Faria Ill; ABSENT: None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Souza Elms, Police Chief Brizzee, Police Commander/Acting Fire Chief Reyna, Public Works Director/City Engineer Than
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Faria requested that he be able to change the order of the presentations. Motion by Lambert, seconded by Llamas to approve the agenda as submitted, allowing the Mayor to change the order of presentations. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS; PROCLAMATION RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FIRE CHIEF MASON HURLEY; PROCLAMATION RECOGNIZING

THE RETIREMENT OF CITY OF LOS BANOS PUBLIC WORKS SUPERVISOR JEFF BONDI; PROCLAMATION RECOGNIZING NATIONAL PUBLIC WORKS WEEK;

PROCLAMATION RECOGNIZING THE MONTH OF MAY AS MENTAL HEAL TH AWARENESS MONTH; CERTIFICATE OF RECOGNITION - KYLIE HURD (ANNE'S WARRIORS), LOS BANOS HIGH SCHOOL. Mayor Faria read and presented the Proclamation Recognizing the Month of May as Mental Health Awareness Month; he then read presented the Proclamation Recognizing National Public Works Week and the Proclamation Recognizing the Retirement of City of Los Banos Public Works Supervisor Jeff Bondi for which Public Works Operations Manager William Via accepted; he read and presented the Certificate of Recognition - Kylie Hurd (Anne's Warriors), Los Banos High School who present at the meeting to accept; he then presented the Certificate of Recognition - Makenna Silveira (Team Silveira), Los Banos High School who had a prior commitment and was unable to attend the meeting; he then asked the full City Council to come join him and read and presented the Proclamation Recognizing the Retirement of City of Los Banos Fire Chief Mason Hurley who was present at the meeting to accept. 17 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 Faria opened the public forum and asked those at the meeting if they would like to speak: CLAUDIA NUNES, resident at the Mobile Home Park on Pacheco, stated that they have been coming to the Council Meetings to bring attention to what is happening with the homeless encampment near their mobile home park, how they have caught people stealing from them, they need the City's help, and hoped that the City does not ignore us, we have come to this meeting time after time to get you to understand what we are going through, they are scared and afraid to come home because they may find someone in her home stealing stuff, and asked the City Council to please help them; MARIA SALINAS, Rancho Mobile Home Park resident, stated that we are here again tonight to speak and ask that the homeless encampment be moved from our area, noting that the fence has been repaired and the drummer was gone for a few weeks but came back last night, thanked the Police Chief for all that he has done working in good faith to help them, she wonders if the others in the City are listening, thanked the one Council Member who came out to the mobile home park, blamed the City for choosing the location, having the homeless so close to us is a disaster waiting to happen, she referenced an email that the City clerk should have received and to be read into the record from Kasey Miller, thanked the Fire and Police Departments for all they do; MARTHA TURNER, Los Banos, spoke regarding her ideas and concerns to homeless community, how she heard the City is putting in permanent pods, worried that someone will get hurt, something needs to be done with the homeless encampment, they beat on the side of our house, the City needs to fix this problem, noting that she has spoken to the Police Chief about her concerns and thanked him for listening; SHARON GRAY, Los Banos, encouraged the City to do something about the homeless encampment, the homeless have absolutely no respect for any one or their property, they are getting everything for free, they need to get away from our mobile home park, the fires they are burning are dangerous, she stays up all night and is afraid to go to sleep and worries what the homeless will do; SANDRA BENETT!, Peninsula Clean Energy, spoke regarding the new Clean Bike Program PCE is offering fore-bikes for Los Banos residents and the upcoming Silicon Valley E-bikes Webinar on May 25, 2022.

Mayor Faria then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received two comments by email that she read into the record: ANNE McCAULEY, Los Banos resident, wrote regarding how she couldn't be at the meeting in person because she was wanted to be at the airport when the Central Valley Honor Flight returned with two long-time local Vietnam veterans, disappointed with Council Members, concerns over the solar panels to be installed at the Community Center and not having adequate and multiple income streams to pay for our police, fire and infrastructure for all the new residential permits being issued; KASEY MILLER, Park Operator for Rancho Los Banos Mobile home Park, wrote regarding her concerns with the homeless encampment behind the mobile home park, how the whole situation has become completely overwhelming, they have been dealing with it for over two years, they 18 have been continually reaching to law enforcement, Code enforcement, and city officials for assistance but the problem still remains and they just cannot take it any longer and they shouldn't be expected to do so, the homeless continue to trespass on our property, homeless are tagging property and leaving trash, everyone who lives at the mobile home park should feel safe to walk outside when they want, concerns with the fires being in the homeless camp spreading to the mobile home park, being woke up with arguments, loud music, drum playing, valuable being stolen, having to raise rent to cove legal, administrative and repair costs, how we shouldn't have to live like this and something needs to be done and quick. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Llamas stated that he would like pull item ?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 from the Consent Agenda for separate presentation, discussion, and vote. Council Member Lewis stated that she would like to like to pull Item 71 - 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 and 7 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.

City Attorney Vaughn presented the staff report for item 7E - Citv Council Resolution No. 6494 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the Citv of Los Banos Pursuant to the Provisions of AB 361, noting that this resolution will allow you to go back to virtual meetings should there be another COVID-19 related outbreak or positive test or exposure or quarantine or to allow for a quorum, adding this is not a return to virtually meetings but to return if necessary due to COVID-19 circumstances. There was Council Member and staff discussion regarding how it may appear that we are just altering this resolution for convenience, what would happen if one person comes down positive with COVI D-19 and not able to attend what the Council Meeting set up might be. Motion by Lewis, seconded by Jones to adopt 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. The motion carried by the affirmative action of all Council members present.

Parks & Recreation Operations Manager Heim stated that he could answer any questions that the City Council might have on Item 71 - City Council Resolution No. 6498 - Approving and Authorizing the City Manager to Execute a Contract Between the Citv of Los Banos and Ronnys Inc. for the Vineyard Median Renovation Project in the Amount of $51 ,975.00. There was Council Member and staff discussion regarding that this is a significant improvement to our park, concerns with the watering restrictions possibly coming from the State, and a certain grass treatment that can be put on the new landscaping to help preserve it from going brown if there are water restrictions put in place. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6498 - Approving and Authorizing the City Manager to Execute a Contract Between the City of 19 Los Banos and Ronnys Inc. for the Vineyard Median Renovation Project in the Amount of $51,975.00 and to have staff look into the certain grass treatment as mentioned by Council Member Lewis. The motion carried by the affirmative action of all Council members present.

Parks & Recreation Operations Manager Heim stated that he could answer any questions that the City Council might have on Item 7J - Citv Council Resolution No. 6499 - Approving and Authorizing the Citv 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. There was Council Member and staff discussion regarding that this is a significant improvement to our park, concerns with the watering restrictions possibly coming from the State, and a certain grass treatment that can be put on the new landscaping to help preserve it from going brown if there are water restrictions put in place. Motion by Lewis, seconded by Lambert to adopt 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 and to have staff look into the certain grass treatment as mentioned by Council Member Lewis. The motion carried by the affirmative action of all Council members present.

Motion by Lambert, seconded by Lewis to approve the consent agenda as follows: Check Register for #232477 - #232695 in the Amount of $841714.20; Minutes for the May 4, 2022 City Council Meeting; 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; 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; 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; City Council Resolution No. 6496 - Approving the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2022-2023; 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. The motion carried by the affirmative action of all Council Members present.

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; 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). Police Commander Melden presented the staff report, which included a PowerPoint presentation. 20 There was Council Member and staff discussion regarding officers being trained to use the equipment, do we use the equipment for, cost of maintenance and system requirements for certain equipment.

Mayor Faria opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Lewis, seconded by Llamas, to waive the first reading of 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. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Lambert, to introduce 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. The motion carried the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Faria; NOES: None. ABSENT: None.

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, 430010-026, 430- 010-027, 430-010-028, 430-010-035, AND 430-103-004 (ANDERSON HOMES); CITY COUNCIL RESOLUTION NO. 6500 - APPROVING FINAL DEVELOPMENT PLAN #2021-01 FOR QUAIL MEADOWS -VILLAGES AT STONECREEK V; 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 STONE CREEK VJ (FIRST READING & INTRODUCTION). Community & Economic Development Director presented the staff report, which included a PowerPoint presentation.

Mayor Faria opened the public hearing. City Clerk Mallonee read a letter into the record from Ken Sadler, Los Banos, regarding wanting to make sure the City Council is aware -----------'fMat- Devel0J3men-t-Ag-reement- #-202-1---0-'l- is-divided- into-two- parcels- amrth-e.e-stri-ctive---- covenants that go along with the two parcels; KATHY BALLARD, Los Banos, has concerns with the project because of the number of starter homes, the jump in numbers, concerns with the water intake and the number of residents this will add, and inquired if this went to the Planning Commission for approval; MICHAEL ANDERSON, Anderson Homes, gave a brief background of Anderson Homes going back to the early 1980s, how 21 he is really happy to see the development of the City and noted all that they have been involved in, their local involvement with local community events, making note of the donated land to the new Merced College-Los Banos campus, how they are excited for future of Los Banos and to be part of that. No one else came forward to speak and the public hearing was closed.

Community & Economic Development Director Souza Elms spoke to the comments and questions raised during the public hearing noting that this item did go to the Planning Commission for consideration and approval.

Motion by Lewis, seconded by Lambert, to adopt City Council Resolution No. 6500 - Approving Final Development Plan #2021-01 for Quail Meadows-Villages at Stonecreek V. The motion carried by the affirmative action of all Council Members present.

Motion by Jones, seconded by Lewis to waive the first reading of 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]. The motion carried by the affirmative action of all Council Members present.

Motion by Jones, seconded by Lewis to introduce 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 atStonecreekV]. The motion carried the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Faria; NOES: None. ABSENT: None.

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. Community & Economic Development Director presented the staff report; which included a PowerPoint presentation.

There was Council member and staff discussion regarding thanking staff for all that they have done on this project, this is a major step in revitalizing efforts of the downtown area, and praise and appreciation for the efforts to beautify this corner lot. 22 Motion by Jones, seconded by Llamas, to adopt 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. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Elms reported that a Public Hearing will be held by the Los Banos Planning Commission on May 25, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a revision to Mobile Food Vendor Permit #2022-02 to allow the operation of a mobile food vending vehicle on private property for Juan Carlos Gutierrez Alcaraz dba El Grullense Jal #8 J&A, the subject property is located within the Highway Commercial Zoning District at 1955 E. Pacheco Boulevard, more specifically identified as Assessor's Parcel Number: 083-140-024.

CITY MANAGER REPORT. City Manager Pinheiro stated that he recently participated in the OneVoice trip to Washington, D.C. where he had fruitful conversations regarding the needs of Los Banos and reminded everyone about the new Los Banos Police Station Groundbreaking on May 19, 2022 at 10:30 a.m.

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.

Mayor Faria stated that the next MCAG meeting is May 19, 2022 which includes a budget adoption and referenced the PCE report earlier by Ms. Benetti.

CITY COUNCIL MEMBER REPORTS.

BRETT JONES: No report
KENNETH LAMBERT: Thanked staff for getting this all put together, excited for tomorrow's grand breaking ceremony of the new Police Station.

DEBORAH LEWIS: Stated that she attended the Livingston City Council Meeting to promote the various grants being offered by the San Joaquin Valley Air Pollution Control District (SJVAPCD) for residents in Merced County, i.e. turn in their gas lawn mowers and get vouchers electric ones with plans to attend upcoming Council Meetings for the cities of Gustine, Atwater and Dos Palos to also suggest that they put a the SJVAPCD information on their city's webpage; spoke regarding the lawn product AquaSmart product and encouraged residents to try it to preserve their lawns, she noted that she is dressed unusual tonight because of the partnership with the City of Los Banos and the Warriors to use their logo for our youth basketball programs, she is "Gold Blooded" this year for the Warriors, go Warriors!
REFUGIO LLAMAS: Stated that he appreciates all the work done by staff, hopefully we can start making some progress with the homeless encampment area, concerns 23 regarding attrition with our staff and to have people leave it will be a big vacuum to get up the level we are producing at right now.

MAYOR TOM FARIA: Stated that he is a bit distracted tonight because a good friend and colleague, Cliff Brand, passed away last night, these are troubling times, and he will be greatly missed, stated that he missed the opportunity to go on the OneVoice trip to Washington, D.C. because of a back injury, those who spoke on the homelessness issues we have heard you, noting that we have helped get homeless off the street, he is hoping to help out with the homeless encampment issue near the mobile home park, and thanked all thanked those who came to the meeting tonight.

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 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 8: 11 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
24 LOsBanos . t the C,, ,oads OJ l ·alifon1ia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: June 1, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361

RECOMMENDATION
Approve 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 May 18, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually as in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 25 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 26 public comments, together with reduced capacity in the Chambers as conditions 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:
~ LU QQ./-P-r'.)/)l.() Sonya illiams,
Financ~ irector
Josh fnhei/p,
City Manager (
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 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 29 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:
30 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 1st day of June 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
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 LOsBanos
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
DATE: June 1, 2022
SUBJECT: November 8, 2022 City of Los Banos Municipal Election TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council consider adoption of a resolution calling and giving notice of the November 8, 2022 City of Los Banos Municipal Election; and a resolution requesting that the Merced County Board of Supervisors consolidate the local City of Los Banos Municipal Election with the Statewide General Election on November 8, 2022.

Discussion:

The City of Los Banos conducts elections for City offices on even-numbered years.

The Statewide General Election will be held on Tuesday, November 8, 2022. It has been the practice that the City's election be consolidated, through the services of the Merced County Elections Office, with the Statewide General Election. This year the following City of Los Banos officers are up for election:

Funding in the amount of $25,000 is in the 2022-2023 Fiscal Year Bu Merced County Election services and other related election expense v1t Reviewed by:

Attachment:

Resolutions
et to pay for
34 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022, FOR THE

ELECTION OF CERTAIN OFFICERS AS

REQUIRED BY THE PROVISIONS OF THE LAWS

OF THE STATE OF CALIFORNIA
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby resolve, declare, determine and order as follows:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Los Banos, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing a:

SECTION 3. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 35 SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June 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: Council Members
NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
36 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS REQUESTING THAT THE

BOARD OF SUPERVISORS OF THE COUNTY OF

MERCED CONSOLIDATE A GENERAL

MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022, WITH THE

CALIFORNIA STATEWIDE GENERAL ELECTION

TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTION CODE
WHEREAS, the City Council of the City of Los Banos called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of:

Mayor "at-large" for a full term of two (2) years
Council Member for District 2 for a full term of four (4) years Council Member for District 3 for a full term of four (4) years City Clerk "at-large" for a full term of four (4) years City Treasurer "at-large" for a full term of four (4) years WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Elections Department of the County of Merced canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, the County of Merced shall comply with all provisions of the Voting Rights Act; and
WHEREAS, Candidate Statements, if submitted, are to be paid for by the Candidate.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby resolve, declare, determine and order as follows:

SECTION 1. That pursuant to the requirements of Section 10403 of the Election Code, the Board of Supervisors of the County of Merced is hereby requested to consent and agree to the consolidation of a General Municipal Election with the California Statewide Election on Tuesday, November 8, 2022, for the purpose of the election of:
37 Mayor "at-large" for a full term of two (2) years
Council Member for District 2 for a full term of four (4) years Council Member for District 3 for a full term of four (4) years City Clerk "at-large" for a full term of four (4) years City Treasurer "at-large" for a full term of four (4) years SECTION 2. That pursuant to Los Banos Municipal Code (LBMC) 2-1.1-2 (6) (b) Council Members shall be elected in Council District 2 and Council District 3 beginning at the General Municipal Election in 2016 and every four (4) years thereafter. A certified map showing these districts is attached hereto as Exhibit A and described in further detail in Resolution No. 6460 hereto attached as Exhibit B and incorporated by this reference.

SECTION 3. That the Merced County Elections Department is authorized to canvass the returns of the General Municipal Election. The selection shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 4. That the Merced County Board of Supervisors is requested to issue instructions to the Merced County Elections Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 5. That the City of Los Banos recognizes that additional costs will be incurred by Merced County by reason of this consolidation and agrees to reimburse Merced County for such costs.

SECTION 6. That the City Clerk of the City of Los Banos is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Merced.

SECTION 7. That the City Clerk of the City of Los Banos shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June 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: Council Members
NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
38 i;
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39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 EXHIBIT B
RESOLUTION NO. 6460

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS, CALIFORNIA, ADJUSTING

THE BOUNDARIES OF THE CITY COUNCIL

DISTRICTS IN ACCORDANCE WITH CALIFORNIA
ELECTIONS CODE §§ 21601-21609 AND
MUNICIPAL CODE§ 2-2.102(c)
WHEREAS, in November 2014 the voters of the City of Los Banos adopted Measure S, approving the change of the City's electoral system from an at-large to a "bydistrict" electoral system with a separately elected mayor; and WHEREAS, the districts adopted thereby were used at the 2016, 2018, and 2020 elections; and
WHEREAS, California Elections Code§ 21601 requires each city that uses bydistrict elections to readjust those district boundaries in the year following the release of a new Census, to ensure compliance with constitutional equal population requirements; and
WHEREAS, the existing council districts have a ''total deviation" of population between the districts of 17.86% based on the 2020 Census; and WHEREAS, the United States Supreme Court has held that a "total deviation" exceeding 10% is presumptively unconstitutional; and
WHEREAS, state law has incorporated that standard; and
WHEREAS, changes in the Council districts are therefore required to bring the districts back into balance; and
WHEREAS, the City has retained experienced legal counsel, and an experienced redistricting/demographic consulting firm, National Demographics Corporation, to advise it on the process of preparing a trustee area plan; and WHEREAS, on February 3, 2021, the City Council received a presentation from the City's retained special voting rights counsel regarding the redistricting process and the legal and policy criteria governing redistricting; and WHEREAS, on June 16, 2021 , the Council approved a detailed tirneline and work plan for the redistricting process; and ·
WHEREAS, the City has maintained a detailed redistricting website as required by law, redistrictlosbanos.org; and
WHEREAS, the City has provided notices and other materials in Spanish, and has provided translation services upon request, as required by law; and WHEREAS, the City has engaged in good-faith public outreach to community groups and other interested parties as required by law; and WHEREAS, the City made available to the public paper and online mapping tools to permit them to submit draft maps if so desired; and
WHEREAS, on July 21, 2021, the Council conducted a duly noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts; and
WHEREAS, the Census Bureau belatedly released the 2020 redistricting data files on August 12, 2021; and
41 WHEREAS, on August 18, 2021, the Council conducted a second duly noticed public hearing at its regular council meetings to receive public testimony regarding the composition of the districts; and
WHEREAS, the California Statewide Database released an "adjusted" version of the Census redistricting data on September 21, 2021, as required by law, and a corrected version of those adjusted data on September 27, 2021; and WHEREAS, on December 15, 2021, the City's demographic consultant presented an initial set of two draft council district plans (Draft A and Draft B), prepared according to the criteria set forth in state law; and
WHEREAS, following the demographic consultant's presentation the Council conducted a third duly-noticed public hearing regarding the draft maps, after which it requested to see an additional map that made changes to Draft A to even out the border between Districts 1 and 2, if possible; and
WHEREAS, on February 2, 2022, the City's demographic consultant presented the initial set of two draft council district plans (Draft A and Draft B) plus an additional draft map as requested by the Council (Draft A2); and
WHEREAS, following the demographic consultant's presentation the Council conducted a fourth duly-noticed public hearing regarding the draft maps; and WHEREAS, the Council has considered all public comments on the proposed council district plans; and
WHEREAS, the populations in the proposed districts of Drafts A and B are substantially equal in compliance with legal requirements but the proposed districts of Draft A2. are not; and
WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, Oi procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and Drafts A and B comply with section 2 of the Voting Rights Act; and
WHEREAS, each Drafts A and Bare drawn is geographically contiguous; and WHEREAS, each of Drafts A and B seek to minimize the division of communities of interest and neighborhoods to the extent possible; and WHEREAS, each of Drafts A and Buses easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and
WHEREAS, each of Drafts A and B is drawn to encourage geographical compactness to the extent practicable; and
WHEREAS, the Council believes that the districts contained in proposed Draft B, incorporated herein, best reflect these criteria and best serve the interests of the City and the public at large;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AS FOLLOWS:

SECTION 1. All of the recitals set forth above are true and cormct, and the District Governing Board so finds and determines.

SECTION 2. Pursuant to California Elections Code section 21601 and Municipal Code§ 2-2.102(c), the City Council prefers the district boundaries in proposed Draft B, attached hereto as Exhibit "A" and incorporated herein by this reference; believes that its adoption would be serve the public interest of the City's residents and voters; and by this 2 42
resolution hereby adopts the district boundaries in that Draft for use at the City's November 2022 election and subsequent elections until a further re-alignment is required pursuant to Elections Code § 21601 and Municipal Code § 2-2.102(c), following the release of the 2030 Census.

SECTION 3. That the City Manager and/or his designee shall take all actions necessary to notify the Merced County Registrar's Office of the Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new lines.

SECTION 4. Because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this resolution, which anomalies are not revealed until implementation begins, the City Manager and/or her designee is authorized to make technical emendations to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this resolution, and shall advise the Council of any such emendations that are found to be required in plan implementation by the County Registrar's Office.

SECTION 5. The City Manager shall consult with legal counsel to resolve any legal issues necessary to give effect to this Resolution.

SECTION 6. To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Resolution shall prevail with respect to the subject matter thereof.

SECTION 7. In interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Los Banos hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. The City Clerk is directed to cause a copy of this Resolution to be published in the official newspaper at least once within fifteen (15) days after its approval by the Council.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of February 2022, by Council Member Lewis who moved for its adoption, which motion was duly seconded by Council Member Llamas, and the Resolution was adopted by the following vote:

AYES:

NOES:

Council Members Jones, Lambert, Lewis, Llamas, Mayor Faria None
ABSENT: None
APPROVED:

ATTEST:
~~~ Manuel Thomas Faria, Ill, Mayor
~~ Lucille L. Mallonee, --f. ~ City Clerk
3 43

THIS PAGE IS INTENTIONALLY LEFT BLANK
44 Exhibit A to Resolution No. 6460
f Map of City Council Districts - 2020 Census)
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
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47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 LOsBanos
r the Crossroads of Califunna
Agenda Staff Report
TO:

FROM:

DATE:

Mayor Faria and_ Me"\bers of Council
Sonya Willia~ ce Director
June 1, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Adopt a resolution amending the budget for the 2021/2022 Fiscal Year as it pertains to expenditures
Recommendation:

Staff recommends that the City Council adopt a resolution to amend the budget for the 2020/21 Fiscal Year as it pertains to expenditures.

Background:

The City Council may amend the budget by resolution, adjusting the overall appropriation levels in each fund at any time during the fiscal year if funds are available.

Increased appropriations are likely to be recommended to either solve a current year problem, or address a critical service need. It is important to note that Staff continuously researches, calculates, and refines the fiscal impacts associated with the current year's budget.

Discussion:

Staff is requesting to increase the budget by $25,000 to cover unanticipated attorney and consultant fees pertaining to employee matters. The increase will be made to the General Fund Professional Services account.

Fiscal Impact:

Staff is requesting to increase expenditures for the Fiscal Year 2021/2022 by $25,000 to account 100-410-100-231 .

Josh
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 RESOLUTION NO. --

A RESOLUTION OF THE CITY OF LOS BANOS ADOPTING A
REVISED BUDGET FOR THE 2021/2022 FISCAL YEAR AS IT

PERTAINS TO EXPENDITURES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2021/2022 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $25,000 to expenditures in the General Fund - Professional Services account (100-410-100-231 ); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the 2021/2022 Fiscal Year Budget to include an increase of $25,000 in expenditures (100-410-100-231 ).

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 1st day of June 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
51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 1, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Measure V Regional Project Funding Agreement- Pacheco Boulevard (SR 152) Regional Path
Recommendation:

That the City Council adopts the Resolution to enter into the Measure V Regional Project Funding Agreement between Merced County Association of Governments (MCAG) and the City of Los Banos for the Pacheco Boulevard (SR 152) Regional Path and authorize the City Manager to execute said agreement.

Background:

On November 6, 2019, the City council authorized the City Manager to execute an agreement with MCAG for The Pacheco Boulevard (SR 152) Regional Path project.

This project has been recognized as a Westside Regional Project in the current Measure V Implementation Plan. With the recommendation of the Westside Regional Measure V Committee, the MCAG Governing Board has approved the allocation of $2,221,000 to this project. The allocation is for all phases of the project; from environmental through construction.

On December 16, 2021, MCAG Board approved an additional $100,000 for the City to re-examine the possible alignments on the south side of Pacheco Boulevard (SR 152) as part of the CEQA analysis.

Discussion:

The attached Measure V Regional Funding Agreement between MCAG and the City of Los Banos for the Pacheco Boulevard (SR 152) Regional Path is a revised agreement 53 that include the additional $100,000 for alternative alignment study. Once executed, this agreement will replace Agreement No. 20190923 in its entirety. This new agreement has been reviewed and approved as to form by the City Attorney.

With this additional scope, this agreement outlines the new timeline and reimbursement process for this regional project.

The new estimated cost for the project, from environmental through construction, is $2,321,000. This has been allocated in Measure V Regional Funding.

After this agreement is approved by the MCAG Governing Board, staff will revised the task order with Gouveia Engineering, Inc. to begin the alignment study, environmental clearance and design portion of this project. This is scheduled to begin in the summer of 2022.

Fiscal Impact:

This agreement allows for the reimbursement of up to $2,321,000 from the Measure V Regional Funding for the project. This is estimated to be the required funding to complete this project.

Reviewed by.

Attachments:

Resolution
Measure V Regional Funding Agreement for Pacheco Boulevard Regional Path Existing Measure V Regional Funding Agreement for Pacheco Boulevard Regional Path 2021 Measure V Implementation Plan - RPC Recommended Programming Schedule 54 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO ENTER INTO MEASURE V

REGIONAL PROJECT FUNDING AGREEMENT
FOR THE PACHECO BOULEVARD (SR 152)

REGIONAL PATH PROJECT BETWEEN THE

CITY OF LOS BANOS AND MERCED COUNTY

ASSOCIATION OF GOVERNMENTS (MCAG)
WHEREAS, on November 8, 2016, the voters of Merced County approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (Measure V); and
WHEREAS, a portion of the Measure V proceeds are designated for Westside Regional Projects; and
WHEREAS, with the Westside Regional Measure V Committee recommendation, the MCAG Governing Board has approved the Pacheco Boulevard (SR 152) Regional Path Project (project) as a regional project; and WHEREAS, the MCAG Governing Board has approved the allocation of $2,321,000 to this project; and
WHEREAS, the approved allocation is for the Project Study Report, Alternative Alignment Study, Environmental Clearance, Design, and Right-of-way Acquisition, and construction phases of the project; and
WHEREAS, all approved projects that are allocated Measure V Funding are required to have a funding agreement between MCAG and the affected jurisdiction; and WHEREAS, the Measure V Regional Project Funding Agreement for the Pacheco Boulevard (SR 152) Regional Path Project between the City of Los Banos and MCAG has been reviewed and approved as to form by the City of Los Banos City Attorney; and
WHEREAS, this Agreement will replace Agreement No. 20190923 in its entirety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the Measure V Regional Project Funding Agreement between Merced County Association of Governments and the City of Los Banos for the Pacheco Boulevard (SR 152) Regional Path Project.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1th day of June 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
55 AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
56 Measure V Regional Project Funding Agreement No. 20220616TPLB1

MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between

MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the

CITY OF LOS BANOS
This Measure V Regional Project Funding Agreement ("AGREEMENT"), effective June 16, 2022, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Los Banos, ("RECIPIENT") for the Pacheco Boulevard (SR-152) Regional Path ("PROJECT").

RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").

C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.

D. The parties previously entered into a funding agreement for the Project (Measure V Regional Project Funding Agreement No. 20190923;
E. The parties intent is to replace Agreement No. 20190923 in its entirety with this new Agreement NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1 57
Measure V Regional Project Funding Agreement No. 20220616TPLB1 ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT's satisfaction of the following criteria:
• The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.

ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope

1. The PROJECT funding allocation was approved by the MCAG Governing Board for Alignment Study, Environmental, Design, Right-of-Way, and Construction.

2. The PROJECT will be to construct a Class I trail along SR-152 between the City of Los Banos and Merced College, Los Banos Campus.

3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed." Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.

B. Project Costs

1. The PROJECT has a total estimated project cost of $2,321,000 as of the date of this AGREEMENT.

2. The PROJECT has been approved for an allocation from the Measure V East Side Regional Projects funding account in an amount not to exceed $2,321,000.

3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the 2 58
Measure V Regional Project Funding Agreement No. 20220616TPLB1 Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.

4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.

C. Project Schedule

1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.

Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT's funding to another project in the current Implementation Plan.
a. Alignment Study Contract to be awarded in Summer 2022 b. Environmental Study To be completed Spring 2024
c. Right-of-Way Acquisitions To be completed Spring 2025 d. Construction To be awarded Summer 2025

2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT's staff.

3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.

4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.

5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.

6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.

D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the 3 59
Measure V Regional Project Funding Agreement No. 20220616TPLB1 MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.

ARTICLE Ill: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS {MCAG)

1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.

2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.

3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.

4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.

5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT's use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.

B. RECIPIENT'S DUTIES AND OBLIGATIONS

1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.

2. RECIPIENT must account for Regional Projects funds separately- independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law. 4 60
C.

Measure V Regional Project Funding Agreement No. 20220616TPLB1

3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:

Quarter I Reporting Period Due Date
FY 21-22 Q4 April 1 to June 30 August 30, 2022 *
-
FY 22-23 Q1 July 1 to September 31 October 31, 2022
FY 22-23 Q2 October 1 to December 31 January 31, 2023 ___ _J I FY 22-23 Q3 1 January 1 to March 31 April 30, 2023
--------- ------ FY 22-23 Q4 April 1 to June 30 August 30, 2023* FY 23-24 Q1 I July 1 to Septembe-;:- 31 October 31, 2022 I FY 23-24 Q2 October 1 to December 31 January 31, 2023 ------- *60 days provided for the 4th quarter of each fiscal year.

OTHER CONSIDERATIONS

1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.

The interest rate shall not exceed the maximum allowed by law.

2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.

3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.

4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph ofthe completed PROJECT is required. 5 61
Measure V Regional Project Funding Agreement No. 20220616TPLB1 ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.

1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, related to the PROJECT's progress.

2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.

3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.

4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT'S project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.

ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
6 62
Measure V Regional Project Funding Agreement No. 20220616TPLB1 B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.

C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.

D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.

E. TERM
The term of this AGREEMENT shall be from June 16, 2022 to sixty {60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.

F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
7 63
Measure V Regional Project Funding Agreement No. 20220616TPLB1 G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes and replaces Agreement No. 20190923 dated December 20, 2019 and all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.

CITY OF Los BANOS (RECIPIENT)
By:

Josh Pinheiro
City Manager
Date
Approved as to Budget/Financial Controls:

By:

Sonya Williams
Finance Director
Approved as to Legal Form:

By:

William A. Vaughn
City Attorney
Date
Date
8 MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
By:

Stacie Guzman
Executive Director
Reviewed as to Budget/Financial Controls:

By:

Nav Bagri
Finance Director
Approved as to Legal Form:

By:

Emily Haden
Legal Counsel to MCAG
Date
Date
Date
64 Measure V Regional Project Funding Agreement No. 20190923

MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between

MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the

CITY OF LOS BANOS
This Measure V Regional Project Funding Agreement ("AGREEMENr'), effective ~et( ~'w_, 2-Q 2019, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Los Banos, ("RECIPIENT"} for the Pacheco Boulevard (SR 152} Regional Path (uPROJECT").

REOTALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").

B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 - ½ Cent Transportation Sales Tax Measure Expenditure Plan ("Expenditure Plan"), as it may be amended in accordance with State law.
c. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.

NOW, THEREFORE, It is mutually agreed by and between the parties as follows:

ARTICLE I: REGIONAL PROJECTS FUNDING AUOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT's satisfaction of the following criteria:
1 65
Measure V Regional Project Funding Agreement No. 20190923 • The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.

ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope

1. The PROJECT funding allocation was approved by the MCAG Governing Board for Environmental, Design, Right-of-Way, and Construction:

2. The PROJECT will be to construct a Class 1 Bike Path along the northerly line of SR 152 between the City of Los Banos and Merced College Los Banos Campus. The path will go from the Merced College Campus easterly to Badger Flat Road.

3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed.» Withins days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.

B. Project Costs

1. The PROJECT has a total estimated project cost of $2,221,000 as ofthe date of this AGREEMENT.

2. The PROJECT has been approved for an allocation from the Measure V West Side Regional Projects funding account in an amount not to exceed $2,221,000.

3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.

4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account 2 66
Measure V Regional Project Funding Agreement No. 20190923 and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.

C. Project Schedule

1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.

Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT's funding to another project In the current Implementation Plan.
a. Environmental Review Study
b. Design
c. Right of Way Acquisition
Spring 2020
Fall 2020
Fall 2020
d. Construction January 2022

2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT's staff.

3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.

4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.

S. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.

D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
3 67
Measure V Regional Project Funding Agreement No. 20190923 ARTICLE Ill: FUNDING AND EXPENDITURES
A. MERaD COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)

2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.

3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.

4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.

B. REOPIENT'S DUTIES AND OBLIGATIONS

3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:

Reporting Period
July 1 to September 31
October 1 to December 31
January 1 to March 31
April 1 to June 30
C. OTHER CONSIDERATIONS
Due Date
October 31
January 31 of following calendar year
April 30
August 30 (60 days provided for the
4th quarter of each fiscal year)

The interest rate shall not exceed the maximum allowed by law.

3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.

ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
5 69
Measure V Regional Project Funding Agreement No. 20190923 RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.

2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.

3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT'S receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.

4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT's project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.

ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BV RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.

8. INDEMNITY BV MCAG
6 70
Measure V Regional Project Funding Agreement No. 20190923 Neither RECIPIENT nor its governing body, elected officials, _officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.

D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.

E. TERM
The term of this AGREEMENT shall be from\) (.(.(t,.\,r 20, 2019 to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.

G. ENTIRE AGREEMENT; MODIFICATION
7 71
Measure V Regional Project Funding Agreement No. 20190923 This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.

CITY OF LOS BANOS (RECIPIENT)
Alex Terrazas
City Manager
''U'i/fJ Date
Approved as to Budget/Financial Controls:
onyaWilf ms v Date 7
Finance Director
Approved as to Legal Form:

By· --========= 1i/ 'i j.z.oJf . Ddte
City Attorney
MERCED COUNTY AssOCIATION OF GOVERNMENTS (MCAG)
By: ~~
Stacie Dabbs
Executive Director
Reviewed as to Budget/Financial Controls:

By:

Finance Director
Approved as to Legal Form:

By:
8 EmilyH~
Legal Counsel to MCAG
I 7J zo 11t?i
Date
72 Regional Project Candidate
Information and Evaluation Form
PROJECT NAME:

LEAD AGENCY:

Pacheco Blvd (SR 152) Regional Path (Scenario 1a- Measure V Funding Only) jcity of Los Banos
PROJECT DESCRIPTION (location, scope and limits):

Construct a Class 1 Bike Path along the northerly right-of-way line of Highway 152 between the City of Los Banos and Merced College Los Banos Campus, from Merced College easterly to Badger Flat Road.

Request is for Environmental, Design, Right-of-Way Acquisition, and Construction. (Please attach a map of the project location)
PROPOSED SCHEDULE AND ESTIMATED CoST BY PHASE:

Phase/ Component Estimated Estimated Estimated
Stan Completion Cost
Project Study Repon - - -
Environmental Review, Project 8/30/19 2/27/20 $81,000 Approvals, Permits De5isn (PS & E) 10/31/20 10/27/21 $207,000
Acquire Right-of-Way 10/31/20 7/29/21 $610,000
Construction 12/31/21 9/28/22 $1,323,000
Estimated Total Cost $2,221,000

Page 1 ends

73 Regional Project Candidate
Information and Evaluation Form
Please briefly describe how the project meets the following criteria:

FUNDABILITY
Committed funding,· Leveraging funding from multiple agencies; Competitiveness for grants.

Project has received $600,000 in Measure V Regional funds. Project is requesting an additional $1,621,000 in Measure V Regional funds for a total Measure V Regional Funding amount of $2,221,000 (total project cost).

CONNECTIVITY
Complete Streets, Regional Connections
The project will connect the Merced College Los Banos Campus to the closest available bike/pedestrian infrastructure that is located at the State Route 152/Badger Flat Raod intersection. Currently, no bike/pedestrian path is available for the students, staff, and visitors of Merced College. This will provide a safe path for students, staff, and visitors to use.

REDUa EMISSIONS
Reduction In Vehicle Miles Traveled; Reduction in Single-Occupant Vehide Use By providing a safe bike/pedestrian path to the Merced College Los Banos Campus, there will be a reduction in vehicle miles traveled by students, staff, and visitors to the campus.

SAFETY
Currently, students, staff, and visitors of Merced College Los Banos Campus that need to walk or bike do not have a safe path available. They are required to bike/walk along the State Route 152 shoulder which is a very unsafe practice, especially with the amount and speed of the vehicular traffic.

READINESS
For Construction
The project is in the conceptual planning phase now. After this phase is completed, pre-design will begin. The design will begin in the summer of 2020. with a construction start date of summer 2021

ECONOMIC DEVELOPMENT
lnduding Goods Movement
This path will increase accessibility to the local Community College, which will attract more students and provide an educated, diverse group of future employees.

OTHER INFORMATION
This bike/pedestrian path project is currently the number 1 listed project on the City of Los Banos Bicycle/Pedestrian Plan.

Page2
74 Merced College Bike/Pedestrian Trail
_______________ Project Location ...,._ ___ __
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 Measure V West Side RPC Recommendation, May 14, 2019 All amounts In millions of dollars (x $1,000,000}
Prior approved project amounts are shaded In yellow. May 14, 2019 recommendations are shaded In green.

Fiscal Years: 17-18 18-19 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 Projected Revenue (unescalated}: $2.55 $2.SS $2.SS $2.55 $2.55 $2.S5 $2.55 $2.S5 $2.55 $2.55 $2.55 $2.5S Set-aside% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% Set-aside amount $ 0.51 $ O.S1 $ 0.51 $ 0.51 $ 0.51 $ 0.51 $ 0.51 $ O.S1 $ O.S1 $ 0.51 $ 0.51 $ 0.51 Set-aside expenditures (use O's) $ $ $ $ $ $ $ $ $ $ $ $ Set-aside running balance $ 0.51 $ 1.02 $ 1.53 $ 2.04 $ 2.55 $ 3.06 $ 3.57 $ 4.08 $ 4.59 $ 5.10 $ 5.61 $ 6.12 Project revenue % 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% Project revenue $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 $ 2.04 Projects funded $ $ 4.08 $ 0.74 $ 0.30 $ 0.30 $ 5.27 $ 3.15 $ 3.53 $ 1.79 $ 1.60 $ $ 5.03 Project funds running balance $2.04 $0.00 $1.30 $3.05 $4.79 $1.55 $0.44 ($1.04} ($0.79) ($0.35) $1.69 ($1.30) Projects and Schedule of Funding by FY 18-19 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 Dos Palos Center Avenue North Area $ 0.200 $ 0.586
Dos Palos Blossom Street East Area $ 0.400 $ 1.588
Gustine Hwy. 33/140 Signalization $ 0.050 $ 0.350 $ 0.200 $ 1.600 Los Banos Pacheco Blvd Path $ 0.600 $ 0.298 $ 1.323
Los Banos Pioneer Road Widening $ 0.150 $ 0.300 $ 3.900 $ 2.800 $ 1.500 County Henry Miller Ave., Phase 2 $ 2.426 $ 5.025
County Ingamar Grade Reconstruction $ 2.025
Gustine 33/140 Roundabout $ 0.310
Gustine Eastslde Storm Drainage $ 0.069
Gustine Airport Security $ 0.0.75
Project Funding Totals By FY: $ 4.080 $ 0.736 $ 0.298 $ 0.300 $ 5.273 $ 3.150 $ 3,525 $ L788 $ 1.600 $ - $ 5.025 77 Measure V West Regional Projects Committee Meeting - October 28. 2021

RPC RECOMMENDED PROGRAMMING SCHEDULE
Notes: this scenario is based on the discussion at the October 14 meeting, with the following goals:
* Preserving leveraging opportunities
• Prioritizing project delivery, including opportunities to advance funding • ConseNative revenue forecast, and contingency for recession or downturn pink bold italic are notes indicating shifts, changes from applications' requests and policy changes Actual Revenues FY 17 /18 to FY 20/21 Projected Revenues FY 21/22 onward Revenue Actual 17/18 • Z0/21 17/18 18/19 19/20 20/21 21/22 22/23 23/24 Total M easureV Revenue $20,666,382 $19,860,159 $19,934,147 $23,822,070 $20,000,000 $20,320,000 $20,746,720 West Side Regional Projects Fund (17% of total} $3,513,285 $3,376,227 $3,388,805 $4,049,752 $3,400,000 $3,454,400 $3,526,942 Growth from previous year -3.9% 0.4% 19.5% -16.0% 1.6% 2.1% Jurisdiction Project 17/18 18/19 19/20 20/ 21 21/22 22/23 23/24 Dos Palos Blossom St. East Area --> move 400kto 22/23 $500,000 $500,000 Dos Palos Center Ave. North Area 64% expended $200,000 $586,000 Gustine Airport Security 100% expended $75,000 ·
Gust ine Eastside Storm Drainage 100% expended $69,000
Gustine Hwy. 33/140 Roundabout 21% expended $810,000 blue Items below= approved by RPC, Oct. 14 Gustine Hwy. 33/140 Signalization $225,000 <· SOk moved up $350,000 Los Banos Hwy. 152 Pacheco Blvd. Regional Path 1%expended $600,000 $298,000 $100,000 to23/Z4 ·> • $1,323,000 Los Banos Pioneer Rd. Widening $150,000 $300,000 $ 2,500,000 $1,400,000 County Henry Miller Ave. Rehabilitation 91% expended $2,776,000 $3,525,000 fromll/23 County Ingamar Grade Reconstruction
County Hwy. 33 Cent inella Dr. Turn Lane $100,000
County Whitworth Rd. Rehabilitation $4,500,000 reduced from $Sm Total Project Programming by FY $0 $4,530,000 $736,000 $298,000 $8,750,000 $3,000,000 $3,573,000 Set-Aside for Leveraging Opportunities
20%of Actual Revenue from FY 17/18to 20/21 $702,657 $675,245 $677,761 $809,950 ($2,865,614) Set-Aside/ Reserve for Leveraging and/or Revolving Loan Fund {Advancing projects) $2,865,614 $134,386 Starting Balance $2.8 million at end 20/21, and add up to 20% of actual revenue capped at $3 million (approx. 1 year of revenue) t..ont1ngencv Meserve I ror revenue s'1ortta11s1
5%of actual revenue, beginning in FY 21/22 $170,000 $172,720 $176,347 Interest Earned{Actual / Estfmate) $22,035 $96,263 $123,653 $58,985 $12,501 $15,442 $13,218 Balances by FY and Cumulative 17/18 18/19 19/20 20/21 21/22 22/23 23/24 Balance by FY $2,832,663 ($1,732,755) $2,098,697 $3,000,786 ($5,641,885) $297,122 ($209,186) jcumulative Balance $2,832,663 $1,099,908 $3,198,605 $6,199,391 $557,506 $854,628 $645,442 24/25 25/26 26/27
$21,182,401 $21,669,596 $22,211,336
$3,601,008 $3,683,831 $3,775,927

2.1% 2.3% 2.5%
24/25 25/26 26/27
$1,387,000 $1,588,000
$200,000 $1,600,000
1,900,000 $2,400,000
from23/24 /rom23/24 /rom24/25
$3,287,000 $4,188,000 $1,600,000
$180,050 $184,192 $188,796
$19,558 $22,674 $27,546
24/25 25/26 26/27
$153,516 {$665,686) $2,014,677
$798,958 $133,272 $2,147,948
IV<:l
green
bltJe
yellow
27/28
$22,433,450
$3,813,686

1.0%
27/28
$2,025,000
from24/2S
$2,025,000
$190,684
$43,526
27/28
$1,641,528
$3,789,476
projects with expenditures
requested funds
Approved by West RPC on October 14, 2021
shifts in programmed year
28/29 29/30 Total
$22,657,784 $22,884,362 $278,388,408
$3,851,823 $3,890,342 $47,326,029

1.0% 1.0%
28/29 29/30 Total
$3,975,000
$786,000
$75,000
$69,000
$810,000
$2,375,000
$2,321,000
$8,650,000
$5,025,000 $11,326,000
$2,025,000
$100,000
$4,500,000
$5,025,000 $0 $37,012,000
{$OJ
$3,000,000
$192,591 $194,517 $1,649,898
$29,868 $66,826 $552,096
28/29 29/30 Total
($1,335,900) $3,762,651 $6,216,227
$2,453,Sn $6,216,227
78 LOsBanos
Al tlie Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 1, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2016-01 East Center, Phase 3A
Recommendation:

That the City Council adopts the Resolution approving Final Map No. 2016-01 East Center, Phase 3A.

Background:

The Tentative Tract Map No. 2016-01 was approved by the City of Los Banos Planning Commission on August 10, 2016 by Resolution No. 2016-40. In June of 2021, the Public Works staff was contacted by the developer Pioneer Development Company, Inc., a California Corporation, for Final Map approval for East Center, Phase 3A. The Final Map was reviewed and deemed complete by the City's consulting firm and staff.

Discussion:

The subject site is generally located within the area bounded by Center Ave to the west, Pioneer Road to the south, Gus Villalta Drive to the east, more specifically identified as APN.431-270-012 and 431-270-014. The applicant is Pioneer Development Company, Inc. The map consists of 85 single family lots on 16.43.± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2016-01 .

Fiscal Impact:

JL
79 Financial security as required by the Subdivision Improvement Agreement, the Subdivision Map Act and Los Banos Municipal Code has been deposited with the City.

All required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Attachments:

Resolution
Exhibit A Legal Description
Exhibit B Final Map
Site Map
Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Vesting Tentative Map
ms, Finance Director
80 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2016-01
EAST CENTER, PHASE 3A AND

ACCOMPANYING SUBDIVISION IMPROVEMENT
AGREEMENT.

WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2016-01 East Center, Phase 3A and accompanying Subdivision Improvement Agreement; and,
WHEREAS, the single-family residential subdivision consists of 85 lots on 16.43± acres; and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, the City has received all necessary bonds and financial security, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2016-01 East Center, Phase 3A and accompanying Subdivision Improvement Agreement for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording based upon the following findings:

1. Final Map is in substantial compliance with Tentative Map No. 2016-01.

2. Financial security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.

3. All required processing, development, plan check, and inspection fees have been paid.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June, 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
81 THIS PAGE IS INTENTIONALLY LEFT BLANK
82 EXHIBIT "A"
Legal Description
For APN/Parcel ID(s}: 431-270-012 & 431-270-014

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

TRACT A: APN: 431-270-012 & 431-270-014
Lot G of Tract No. 2016-01, East Center, Phase 1, in the City of Los Banos, County of Merced, State of California, according to the map thereof recorded December 20, 2018 in Book 80, Pages 29 through 35 of Official Plats.

Subcfvlsion Guaranlee
CLTA Guarantee Form No. 14 (06105/2014)
Page3
Printed: 02.16.22@ 09:22 PM
CA-FT-SPS-1·22•FFOM-3012100623
83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 OWNER'S STATEMENT
WE, TI-IE UNDERSIGNED, 00 HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TlllE OR INTEREST OF RECORD IN THE LANO SHOWN ON THIS MAP AND WE CONSENT TO THE PREPARATION ANO FIECORDATION OFTHIS FINAL MAP.

WE ALSO HEREBY OFFER AN FIREVOCABLE DEDICATION TO THE CITY OF LOS BANOS IN FEE FOR PUBLIC USE THE FOllOWtJG STREET RIGHTS-OF-WAY AS SHOWN ON THIS FINAL MAP:

THE 20' WIDENING OF RIGHT OF WAY OF CENTER AVENUE, FALASCO AVENUE, MASTRANGELO STREET, PINELLI DRIVE, ROTAN DARO STREET, SORBO COURT AND SORBO smeer WITHIN THE BOUNDARY OF THIS FINAL MAP. we ALSO HEREBY OFFER AS AH IRREV()CASLE DEDICATION TO THE crrv OF LOS BANOS AS AN EASEMENT FOR PUBLIC USE.

All PUBLIC UTUTY EASEMENTS (P.U.E.) ANO THE 1 FOOT WEE WAU. EASEMENT {W.E.) AS SHOWN ON THIS f~AL MAP.

WE A.I.SO RELINQUISH TO THE CITY OF LOS BANOS ALL ACCESS RIGHTS OF LOTS 238 THROUGH 242 AND LOTS 308 THROUGH 312TOAND FROM CENTER STREET SHOWN THUS LLLL.L.L ON THIS FINAL MAP.

OWNER: PKJNEER DEVELOPMENT COMPANY, NC., A CALIFORNIA CORPORATION BY: _________ _
DATE
NAME: PAINT NAME)
ITS: _________ _, ,111.E)

NOTARY STATEMENT
A NOT.ARV PU!lJC OR OTHER OfflC[R COMPl..!TlNG THIS CtRl!flCATE VERflE:S ONLY THE D£NTITV OF THE: INDIVDU.Al.

WHO SIGNED THE DOCUMENT TO WHICH TI--!IS CERllFK:ATE IS ATTACHED. AND NOT TH[ TRlffiffUlMtsS. ACCI.RIO'. OR VALIDm' Of TK'T DOCUMENT.

STATE OF _____ _
COUNTY OF _ _ __ _
ON """""(D~ATE} =----BEFOAEM,..,_ __________ , A NOTARY PUBLIC.

PERSONALLY APPEARED __________________ _
(NAME OF SKlNER(S))

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRl0ED TO THE WITHIN NSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME 1N Hl$/HEFl/llEfl AUTHORIZED CAPACITY(ES). ANO THAT BY HISIHEMHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON{$), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON{$) ACTED, EXECUTED THE NSTRU~.

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.
___ _ ____________ , NOTARVPUBI.JC
PRINT NAME: ___________ _
COW.CISSION tf.JMBER: _________ _
CQW.4ISSKJN EXPIRES: _________ _ (00 NOT ST.Mf> )
PRINCIPAL OFFICE LOCATION (COUNTY): _____ _

NOTARY STATEMENT (TRUSTEE)
,. MOTAAY PUBUC 00: OTl£R Of11C£R COMPt£ffiC ms C£RTIFK:AT[ 'fUIRES ON..Y TH( llOffl1Y Of THE it(OIV'()I.W. 'WHO SIGMEO THE OOCUM(NT TO WH!Ctt THIS CERTIFICATE IS ATTACl£D, AND NOT THE TRIJ11ffUlNESS, ACCUAACV, OR VAJJDITV OF THAT DOCUMENT.

STATE OF ____ _
COUNTY OF ____ _
ON .....,,(D~AT"E,-) _ ___ BEFOREME~---------- •ANOTARYPUBI..IC, PERSONALLYAPPEARED ____ I_NAME ==OF=s=,o-,,s=R(=s=n---- ------ WHOPAOVEDTOME ON TIE BASts Of SATISFACTORY EVIDENCE TOBE THE PERSON(SJ WHOSE KM!E(SJ IS/ARE SUBSCRIBED TO THE WITH'4 INSTRUMENT AND ACKNOWt.EOGEO TO ME THAT H~EY EXECUTED THE SAME IN H1$.+IERJTHEIA AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. l CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
________________ ,NOTARY PUBLIC
PRINT NAME: _____ ______ _
COMMISSIONMJMBER: _________ _
COMMISSION EXPIRES: _________ _ ( DO NOT STAMP)
PRINCIPAL OFFICE LOCATION (COUNTY): _ ____ _
.J,~J Eosl ~ !er - l'b._ 3\dw, ' 29047 F.,C ,_. d..,
Exhibit B
TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016-01 . EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2022
..,.DELL
ENGlNEE-RlNG
1165 Scenic: Drtve, Suite A
Modesto. CA 95350
Ph 209.571.1765 odelengineering.oom

W PACHECO BLVD
(H'N'T' JJ ANO 152'
VlCINITY MAP
N.T.S.

PLANNING COMMISSION STATEMENT:
~ ~~Ii -
~~ 1;-
~I
!
~
I, STACY SOUZA ELMS, COw.tUNITY & ECONOMIC DEVELOPMENT DIRECTOR FOR THE CITY OF LOS BANOS, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF"TRACT NO. 2016-01, EAST CENTER, PHA$E3A", AND THAT THE SUBDIVISION IS SUBSTANTIALLY THE SAME AS TliAT SHOWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CITYPLANNING COMMISSION ON THE 1ST DAY OF MAY, 2017, ANO THAT THIS FINAL MAP OF "TRACT NO. 2016-01, EAST CENTER, PHASE 3A", COMPLIES WITH ALL REQUIREMENTS OF SAID Pl.ANNING COMMISSION.

DATED THIS DAY OF _ ___ , 2022.

BY: ~ s=r.~cv- sou = ZA= ru, = s,~COM= MUNITY ==.~ECON ==OM1- C~ OE= vE~l=OPM= EN~T"'o"' 1R=EC=TOll

CITY OF LOS BANOS

TRUSTEE STATEMENT
WE, FIDELITY NATIONAL TmE COMPANY, AS TRUSTEE UNDER THE CERTAIN DEED OF TRUST RECORDED FEBRUARY 7, 2018, AS DOCUMENT NO. 2018-000TTS AND 2018-003779, AND ANY APPROVED AMENDMENTS THERETO, OFFICIAL RECORDS OF MERCED COUNlY. 00 HEREBY CONSENT TO THE PREPARATION AND RECOROATION OF TttS Ftw. MAP, "TRACT NO. 2016-02, EAST CENTER. PHASE 3A~. AND JOINS NALL DEDICATIONS THEREON.

TRUSTEE: FIDELITY NATIONAL TITLE COMPANY
BY: _________ _
OATE NAME: ________ __,PRINTNAME)
rrs: __________ (TITLE)

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AHO IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDNANCE AT THE REQUEST OF PIONEER DEVELOPMENT COMPANY IN MAY OF 2018. I HEREBY $TATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDrTKJNALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT All THE MONUMENTS SHOWN HEREON WN.L BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED BEFORE JUNE 30, 2023, THAT SAID MONUMENTS Wl.L BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED ANO THAT THE S\.RVEY LS TRUE ANDCOMPlETE AS SHOWN.

DATED THIS DAYOF ______ ,2022.

DYLAN CRAWFORD, P.LS:-ffia
CITY ENGINEER'S STATEMENT:

I HEREBY $TATE THAT I HAVE EXAMIIIIED THIS FINAL MAP OF "TRACT NO. 2016-01, EAST CENTER, PHASE 3A'

ANO STATE THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON

THE TENTATIVE MAP, ANO NN APPROVED ALTERATIONS THEREOF, ANO THAT ALL PROVISIONS OF ANY LOCALOflONANCE APPLCABLE AT UE TtAE OF APPROVAL OF THE TENTATIVE MAP, IF REO\.ftD, HAVE BEEN COMPLED Wm-t.

DATED THIS OAYOF _ ___ ~ 2022.

BV: ~ s--oKN= IRO"'R~N~m- AN=, .~.c~.E~ .• ~,,=,.,------- CITY ENGINEER CITY SURVEYOR'S STATEMENT:

I HERESY STATE THAT IHAVE EXAMINED THIS FNAL MAP ANO IT COMPLIES wtrn AU. n<E PROVISIONS OF CHAPTER 20FTHECALIFOANIA SUBDIVISION MAP ACT. AS AMENDED, ANOTHATTI-IIS FINAL MAP IS TECHNICALLY CORRECT.

DATED THIS OAYOF ______ ,2022
BY: ~ N~AR"'IN~o=ER" SA~HO=r•,...·"' PLS= a,~,.,----

REVIEWING CITY SURVEYOR
CITY CLERK'S STATEMENT:

I. LUCILLE L. MALLONEE, CITYOF LOS BANOS, STATE OF CALIFORNIA, DO HEREBY STATE THAT AT THE REGULAR MEETING OF Tl1E CITY COUNClOFTHE CITYOF LOS BANOS, STATE OF CALIFORNIA, HELD ON THIS DAY OF===='2022, THE ACCOMPANYNG FINAL MAP OF "TRACT NO. 2016-01.

EAST CENTER, PHASE 3A~. WAS APPROVED AND ACCEPTED ON BEHALF OF lHE PUBllC FOR PUBLIC USE, THE OfFEROF DEDK;ATK>N 1N EASEMENT OF ALL PUBLIC UTILITY EASEMENTS (P.U.E.) AND THE t FOOT WALL EASEMENTS (W.E.), All AS SHOWN ON THIS FINAL MAP; ACCEPTED THE OFFER OF DEDICATION IN FEE OF 20' WIDENING OF RIGHT OF WAY OF CENTER AVENUE, FALASCO AVENUE, MASTRANGELO STREET,

PINELLI DRIVE, ROTAN DARO STREET, SORBO COURT AND SORBO STREET WITHIN THE BOUNDARY OF THIS F~L MAP, ALL AS SHOWN ON THLS FINAL MAP; AND ACCEPTED THE RELINQUISHMENT OF ACCESS RIGHTS OF LOTS 238 lliROUGH 242 AND LOTS 308 THROUGH 312 TO AND FROM CENTER STAEfT Mi SHOWN ON THIS FINAL MAP. SAID ACCEPTANCE IS SUBJECT TO ACCEPTANCE OF IMPROVEMENTS.

DATED THIS DAYOF _ __ ~, 2022
BY:~L~UC""IL°"LE" L""'MAU. =·oN~E~E.~C~ITY~ CLE=Rl<=------

CITY OF LOS BANOS

RECORDER'S STATEMENT
FILED THIS OAYOF ____ , 2022,AT CYG.OCK. _M. IN VOLUME
OFFICIAL Pt.A.TS, AT PAGES
FEE$
AT THE REQUEST OF DVLAN CRAWFORD.

DOCUMENT NO. ______ _

BARBARA LEVEY, RECORDER
MERCED COUNTY, CALIFORNIA BY: - .~s=slS=T~AN=r=,o=EPUTY =~R=Ec~o=Ro=e=ROF VOL PAGE SHEET 1 OF 5
85 NOTES

1. THIS SUBDIVISD'i CONTAINS A TOTAL-Of 16.430 ACRES, MORE 00 LESS.

2. All DISTANCES SHOWN HEREON ARE GROUND DISTANCES, MULTIPLY DISTANCES SHOWN BY

0.999999004 TO GET GRID DISTANCES (AVERAGE COMBINED FACTOR FOR GPSMONUMENTS 1024 ANO 1025 PER R-3).
~- ALL DISTANCES ARE MEASURED Ut4..ESSOTliERWISE NOTED.

4. DISTANCES AND DtMENSIONS ARE St«>WN IN FEET ANO OECIMAlS THEREOF.

5. (R-1) AND (R-2) REFERENCES ARE FOR DISTANCE ON.Y.

LINETABlE - UNETABI.E
UNEI l>RECTION LENGTH Rf!' -· DIRECTION --;-i ~759'£ 155.83' (MJ(R->J(R-41 L12 S89"41'49"E N0022'011: 94.00' (Ml(R-211R I L13 S0'07'00"W
- ' - L'l S83"38'51"E 52<).00' (Ml(R-4) l14 SW42'10-E
L4 Sl.......-W 49.36' l (M)(A-1}(R-2KR-4) LIS SO"IT&TW
L5 ~ ·,rrw 136.32' ; (M)(R-4) L16 Nlr42'10"W
L6 S0"21'10-W 215.00' (Ml(R·ll(R-41 L17 !W17'50"W
L7 S89"41'49'E j 103.00' (M)(R·1)(R-4) L18 S99"42'10"E
LB S0"21-..w I 3.00' 1Ml(R-1l(R-41 l19 S0-17'50"W
L9 S8!r41'49"E j 186.J)O' (M)( 1)(A◄) l20 NBV42'1ff'W
L10 Sln1'59"W I 3.0!1 IIM)(R-lj(R-41 121 ..,...., .. Lil S89"41'49"E n.oo· I IMIIR-1IIR-4J

CURV'ETABLE

CURVE I I RADIUS DELTA LENGTH I REFERENCE
C1 51.00' 26'33'3()" 23.64' (MJ(R-IJ(R-41

BASIS OF BEARINGS
NB9"39'-48"E BENi THE BEARtNGCF THE LJE 8ETWEEN MERCED COUNTY OPSIGIS 1024 ANO MERCED COUNTY GPSIG$102S (R-3). BEARINGS AND DISTANCES ARE BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE ffl NAO 83.

I.EHGTH
141.25'
167.69'

29.78'
100.00'

3.13'
147.00'

32..49'
100.00'
1080.45'
783.10'
,X
/
I)~
(',
~
REf
(M)(R-1)11WI
(MJ(R-41
(Ml(R-41
(M)(MI
(M)(R-41
(MIIR-41
(M)(R-4)
(M)(R-4)
IMIIR-<I
(M){R-1}(R4)
/j
N
~ 125
-2SO
SIGNATURE OMISSIONS:

PURSUANT TO SECTION 66436 Cf'THE CALFOANIASUBOMSION MAP ACT, THE SIGNATUR1'SCf' THE FOi.LOWiNG PARTIES HAVE BEEN OMITTED:

1. CENTRAL CAl.FOANIA IRRICMTD4 DlsmcT, CANALS ANDOITCHES • BOOK P OF DEEDS, PAGE 280, MCR.

2. ESTATE OF ffW,I( JACINTO MELLO. RIGHT Of INGRESS AND EGRESS, 900K 1669, PAGE 6'2 OF OFFICIAl RECORDS, MCA. a TED E. ANO .K:IVCE E, MEZA, DRIVEWAY, INGRESS ANO EGRESS, 800K 3204, PAGE 75, OF OFFICtAL RECORDS, MCR. /
I\,__ I
Hr i:l;;---(i®1 · , 13-S! r- ~ il
ffif~ II In b~: .. --
. •:iT

EAST CENTER,
PHASE; !JO- Clf'-29· 35
- ---,---- :
-
~ - ~
- 1,I --1
l Ii' ' .. i • - ~ , I . , L...,
--- I
EXISTING UMITS'\J CITY 11
"-1'
::,!1
z
--- -. -r _ ,---, .... ··.·• ;11--j· i \_, '. i ! i . ' 1 I' ;-· n J. ... !!!..r-lr;-:_:.· , .. LL.,_, -~·.·~~ /
;
...
0 i
8/
"-1
~
a::
~ "-1
u
);, ~ LH ""\ I ' -- L ' I j ) I - 9 • _L12 - I . , -- - 1 I '1 i 1· ~ 1'.'f>T ..:::r.i,~,_.,. I- i I---, , · PHA3E. 1 ~ . ...l I l--i ! BC• -CP -29-:'15 j =j p _ _J 1 ' r-,---'j , -.-,-- l ! ,.

I ' ;
-,--,--!- : , j i~ -- 1
J_ - .• ! .. ....:... : ... :...:.._, '-;
l
-r -:-1 .,....,--;7· c· - -', j j--- . . . . 1 , . ·-1 f--1 - 1- 1··'-~• 11 7
., 1 --- r;:· - -1 , -•77. -~--,--I~--. rr=;--;---/=~-~-~c·C_~.rt ~ i)I,----·----- ____ ._,,,,, '"• " FR./ "'H '. L" ' I I ' l ·H t . a, If..-- -~- --- ', .--. r.J~c;, ·,,; .... ., , -· • . -. ,;,.L J-~-'t--1 .. -··1 .- ·1 I I 1 · ' I ,' ., ~- - ' 11' ' I • ' . • U
-~. r::___; ·: -:--_;:, "--:: :;.-, - ' . ..J. .• ~------~·' -~i .. - .J' i= .. ~ ..., ..... , .. -,------ilT- ' " .c ---' ·-::.,·· \--·-1-· . . , , ·--. ·• • r·---1 r·-1- -- "' ls /- I ' 11 ' I ' - ii __ :~ ·~:-=-~·-t-r ) 1 ---· - , -:1 1::t=~· ~- .:Af:J <.,Et\'TE~. ) 1 ~~ -rt I ~ ! : ' ·. I , . ...-, )-----t A ,/ i ,, / PHASE 2A V ,~ - 11--- 11 · ": I · CITY _0~ LOS, BANOS ' · _!2- 0P· ::i--;,~ · ', --1 , f-· COUNTY OF MERCED ~ I-: . EXISTING CITY LIMITS _ _j if'• '1 .··-- .: [_ __ ~ ll I 1[
I
f
" f;
I / F02"1PWITHCAPPEJl(R-11&(R-2)1N - - 1 . ' UONLIMENTWEll,NOSTAMP ' i TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016·01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2022
'""
"'
o· eLL E NG1NE:ER 1 NG
11 s! Searle Drive, Sui19 A
Modesto, CA 95350
Ph 20&.571.1765 odeUanglneerlng.com

REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
(R- 1)
(R-2)
(R- 3)
(R-4)
(R-5)
VOLUME 44 orsuRV£YS, PAGES 3-4, M.C.R.

VOLUME 113 OF PARCEL MAPS, PAGES 12-13, M.C.R.

VOLUME 28 or SURVEYS, PACES 9-12, M.C,R.

VOLUME 80 OF OFFICIAL PLATS, PAGES 29-35, M.C.R.

VOLUME 82 OF OFFICIAL PlATS, PAGES 25 -29, M.C.R.

LEGEND

RESOLVED BOUNOARY LINE

CENTERLINE ----
I J) 7) / J ? J J 7777 7 7 7 J J 1 7 7 7?? 7 7 7,,

RESTRICTED ACCESS
CtTY LIMITS LINE
500
\!IL PIONEER ROAD :~----:; :'....:_ @ ---''---'--'"--'-'--"'-~------------- ----- ' SCALE: 1~ .. 250' !lW.CORNER,SECTlON23 iLJ . ) j'
•,i,.
"' /
G9SSTATDN102-4
For OISK, RCE 15310
PER(R-~
GRID COOP.OINATES !R-3
N = 1,836,04 7. 846
_L= 6,453,911.ssG
(BASIS OF BEARINGS)
S 89"39' 48" W ,, _ 7149.96'(GRID) (71 49 97'(M}(R-1 } 7149 93'(R-2)(GROUND}) -----./'- Gf'S STATION 1025
FOTDISl<,~15.310PER(R-3)
- -GRID COOROimTES (R-3)
N • 1,836,089.872
E "' 6,461,06 1 ~
VOL PAGE SHEET 2 OF 5
86 MONUMENT NOTES o SET31.r 11124"1RONPIPE W/PlASllC PlUG"PlSTTW FOR UNPAVED AREAS OR 1.l'rBRASSDISKSTAMPB> "PI.S 7788" FOR CONCRETE AREAS.
@ SET 3/4" x 24" IRON P1PE W/ PlASTIC PLUG "PLS 7788' IN MONUMENT WELL

ABBREVIATIONS
CALC. CALCULAT£0 r ROM RECORD DOCUMENT
fD '"OUND
!P IRON PlP£-DIAM(T£R NOT£0
REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS TRACT NO. 2016-01 {R-1) VOLUM£440FSURVEYS, PAGES .3 -4, MC.R EAST CENTER, PHASE 3A T SET 31,r • 24" IRON PIPE WI PLASTIC PLUG "PLS 778r FOR ALL FRONT ANO REAR LOT CORNERS (UNLESS OTHEAWl'SE NOTED) .
• SET 5.00' WITNESS CORNER, Utl.ESSOTHERW1SENOTEO, MEASlffDAlONG LOT LINE, AAOlAL LINE OR PERPENOICUlAR TO STREET CENTERU.,E AS NOTED. 3/4" JC 24" IRON PPE WI PlASTIC PLUG "PLS 7788", D 314" IRON PIPE TAGGED "PLS77&r SET PER (R-4).

U 3/4" 11124" IRON PIPE WI PLASTIC PUJO "PL$ 7788" IN MONUMENT WELL SET PEA (R-4). @ FOUND MONUMENT AS NOTED IN MONUMENT WELL
(M) MEASURED OlSThNCE QP OfflCIAL PLA fS
PM PARC(t. }.I.AP
P.U.L PUBUC UTILITY [AS[M[NT
R# R£ITR£NCEO RECORD DOCUMENT
(R) RADIAL &ARINC

MCR MERCED COUNTY RECORDS
S.F. SQUARE FE£T
W.E. WALL EASEMENT
(Fl-2} VOLUME ·113 OF PARCEL MAPS, PAGES 12-1.3, M,C.R. (R-3) VOLUME 28 or SURVEY$, PAGES 9-12. M.C.R
{R-4) VOLUI.IE 60 OF OfflCIA!.. PlATS, '->AGES 29-35, M.C.R. (R-5) VOLUl.lE 82 or OfflCIAL PLATS, PAGES i5-29, M.C.R.

BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA JANUARY 2022 SEE SHEET 5 FOR CURVE, LINE AND RADIAL LINE TABLES ..-DELL • FOUND 3/4" IRON PrPf TAGGEO "PLS 7788° PEff (R•1). UM.ESS OTHERWIS£ NOTED. SEEDETAILB ENCilNEEfllNG ~ FOUND 3/4" IRON PIPE TAGGED "PlS 7788" PER (R-5), SHEET 4 r SHEET 4 SEE DETAIL A f SHEET4 \ 1185 Scenic OriYe, Suite A
Modesto, CA 95350
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~ r I o N..-mow 172.73' / o --- 582.u - ~--------'......, □ I w [ u,.;,<>'l~c!o-r,, j 1· 248 249 ;J 2•· I 26 I j f ::; 1.o O-- ~ - \ 0 26, 26,} 5918 S.f. · 59'7S.f. i/!!,-. I· 280 ~l! 281 ~g 282 l! 283 !! 284 8 285 wg 286 ~l! 287 wl! 288 8 289 "' I ill 1 I I , N8.9"42'fQ"W 1 Nfl9"42'10"W ' ~ ~t 2? 6904 8 9J25 ~ 8 600I) 8 6500 g 8000 8 650(1 - 8 6000 8 6500 8 600() 6 g 6100 • ~ ,,i _. .. ~ I
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ISO
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§ . L27 · , ;}'. I 88.38' •. ~ 'i ·· ~---o:~ , 0 ~ . -;.,;.) . 68~• - 1 ·•··60.0o;-""'fffl_ 66.00'. 60.00' ~ 65.00' J 1 80.00' I· 65.00' ••• t_ __ 60.00' I 81,~•-- • , ~ (r;.. 238 .J _1 ~'.~='-- . - "'I ~111 s.,. i:l _ S.F. 1>1- S.F. ;; _ S:F. _ S.F. _ S.F. ~ _ .... ~ 1 _ •. F. _ •. F. j _ SF 8 lo. "' i .. ,.. F ':g, I!? I ~ 10025' 100.24' . I~ ti; ~ !I! i I ~l ~ z !'l ij j i;i ll !! 247 250 81 ~ 0 11 _ I ...,,z,o-w 62625. · s NB9'3T59"W -,_ 'l"i ~ ii! 5013 5.F 5013 s., Iii b iil'll! ~00' l 60.25 ~ 65.00' ... ., 65.00' ! 60.00' .. .., !"·"' 61.00' C • , . • ill• •-10000 ~~ I ~r: .... .,., .. w I .,,.,z10-w ...:.l!l! ~1~ ~ : 73.1Y I SO.DO' 50."' so.oo· 1 50.00' 1 sooa 50.00' sooa !5000' 5000' so.OD' 50.00' tN~2"1o-w l}"I [AsT cEt.11:P. ~ 239 8 ~· P'.. 1CKl28' iCI02T a~o < wi$ ' . f 3.13'(M)(R-4J ~ P'iJ\C'. f" 1 5! ...... , ;g ·, ri~ 50~~F. 11' l! .:~F 1· i~-~-1 e:,~i; 279 ;!! 278 8 277 Ii 276 ~8 275 t274 ~;!! Z73 ~Ii 272 Ii 271 ~Ii 270 l! 269 . . ii '' 'ao-bP·:~q- 3_, !i I N8!r3759"W a: ._. 1 ~ ,.;, id!'..1< I!!: 6885 ... oti 4750 .,, 4750 4750 .,.. 111 4750 4750 ..,. 4750 4750 ... -4750 4750 , 4750 t3/! z ., •--,oow---;-.1 o 1 • Ne9°42'1o-w Neg•~ , ~ 1 s.F. • °' s.F. °' s.F ~ sF ... , m sF s sF s s.F. k Ii sF IQ sF. b IQ sF :iR s.F. ~ 8 240 1489.,!I'~ ... Cl) o 765' 10031' kL' 8520' 1 t~~ , ; ZI . z z 1 i 5i 70 s F . , ;., I <;,\ ' 245 'i I O 4 2 I j • I I .. l~ - ~ / 0 1~ 4S72SM~~ 252 a C~o-- s,,1~f .. soe.:i· j!OO'_ ~~. 50.(!! - 5000' / 500C£ l0MOO JI-~ ~~-"L..1 SOort ~ GI N89"37'59"W ....,, I. I .. NWC'IO"W ~:t;58,45SF 1 I -1,,> - • N89'"42'1tf'W60813' • I ~ ll)S, j i -7921' m~......,..,~------ ~ ---- ---· : , - !!~ O~VE- _"!'"$'.$'! .!.. '! -· • , - - - - - - - - •- __ : - - - - - - --=6----- I" , 41 •• 1 I ~~ .C,,\. 64912' 1 ' t . .&-., 9913(M)IR-4) - ~ .612 S.F. 0 . . -· B; Jt:; 244 L "'":, ,.., c-,,,.. , R \ "'e.£ ~ NB9°~~ 57958' I ~ - , • 3249'(M)(R-4) 1~.., .. ... ~/ e2/< 7263SF ~ ;71;,-_ .. 'J.~ -118~ ru,sj'~[' ~00' :.: 1 5000'..:...c'°OO'-~r .. 00'-~00' 1 ~"'--f.Jloo:_noo:.::.r~, l!l'!!l:~D
.• ..,;'~ C\f _ , -°' :'Ir,. ~ 253 o/ ~ IC18 !.'-C17 I I I I ..J ..J , _ -~,-.t,-,,, .. ~ --, ~-'Ii,, I~ .... sF.l)f 1 255 ~ .. 2ssF 11 2S1Fl!2seg 11 259Fl!200~ 8 261r, 11 2s2F1;i263l1 8 284~' a265~' 8 266h267 {
L_; . .;::,. h ffi':l, ··~ • ~ -~· I! ::- i " :;: ii, ll' ~· ::- ~· ::- ~I, ::- ~I, ::- ii, ::- ~· ::- ~· ::- 11• ll' i" ll' ~. ll' . I ~ ~0.51!' / 1 j • I I I , I i ; 60' ~--"-- 12684' 01' 12600' ! ~ ..J1L I 5000'. I 5Q(N)' I 5000' I 5000' 1..J:2L I...J2.L l:...J2£ I 5000' I 5000 •,, 5000' I 5000' \~ _"~_ 50·

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120
! { $ S.W. CORNER.SECTKJN23
\J,.----- ~~~';:;'J~~•-•1
~ PIONEER ROAD VOL PAGE SHEET 3 OF 5
87 i ~00--ir~-· -i , ---7 TRACT NO. 2016-01
EAST CENTER, PHASE 3A
\
1 \.Ii
W.114CORNER, SECTION'23
FD314"1P PER(ff-1)l(R-2)1N

MONUMENT WELL, NO TAG
N.A.P.

I.._:,• N89'41'49'Wil1 I N89'42'10-W 99.72 ~ l!! I
L 299 j!'! 297 _j - -DETAILS- NO SCALE
L ....,,,...1 I 1c, .... (MJIR·1) I
L ___ ...J

DETAIL A NO SCALE
SEE SHEET 5 FOR CURVE, LINE AND RADIAL LINE TABLES l:

N
~ -,....... ,-
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2022
□ ... -ELL ENGlNEERlNG
111i5 Scenic OrM, SUit• A
Mod!mo, CA 85350
Ph 209.571 .1765 odeDe~ering.com
I =>1 G'i I
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SCALE: 1" ■ 60'
120

REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
(R- 1)
(R-2)
(R·l)
(R-4)
(R-5)
VOLUME 44 OF SURVEYS, PAGES 3-4, M.C.R
VOLUME 113 OF PARCEL MAPS, PAGES 12- 13, M.C.R.

VOLUME 28 OF SURVEYS. PAGES 9-12. M.C.R.

VOLUME 80 OF OFFICIAL PLATS, PAGES 29-35, M.C.R.

VOLUME 82 OF OFFICIAL PLATS, PAGES 25-29, M.C.R.

MONUMENT NOTES
'- ~ -0, N83"38 ~,, • : l~'f FD2"N>wrrAG"Ls2...-1 6033. ~ NAP. .,...,. •ry.94•(111i•~ ...,.. , .. _,sl"'I J ~ ~ F03/4'1PWfTAGi.58664" !i: l 102.9&• o F0314"iP I
~Ii PER(R-2)(R-4) :t 307 I!!,. ~ ~ ~ 236.04· I\_H06'21~11! ..,.AG'Ul-- 1 ~ N.A.P. if 6157 ~~ 306 ~., 305 ~ !l 304 /) o ..__11 PERIR-2J(R-41 8 SF i - 6Sl5 - : 6064 h ~ 69211S.F. ~ 303
o SET314" x 24"1RON PIP£ W/PLASTICPLUG"Pl.S 7788" FOR UfrFAVEDAREASOR 1.17" BRASS DIStc STAMPED "PLS n88" FOR CONCRETE AREAS.
@ SET 314" x24"1RON APE WI PLASTIC Pl.UG "PlS 7786" ltfMONUMENTWELL 3(1' • . N113-3~-w 15583lMJfR-4j & ~I 8.f ~ S.F. ~ ~· 182946.F. / N11-25'54"E 135.,:r -• -~~ 1 _ . . ,
1 f'-- 4t.36'{11)(A•I) I f ,_ L13(~l - •· 030 ' !"lo.ill".) i 1S!!!J.~, - ~ . !C >,l _..f1YI o T SET3"4"x24" IAON PIPEWI PI.ASTICPt.UG "PLS 7788" FOR All FRONT AND REARLOTCORNERS(UNLESS OTHERWISE NOTED).
.._ 7697SF ' cf!' '\ C2-,.o~l16 oez6 -S:; \fl! 'if!, I
,11 ! 308 •• " ' - o"-·u~-...-b~ir,' A·-/ _~~ 136.321MJtR·•I o SET S..OO'wmlESSCORNER, UNLESS OTHERWISE NOTED, MEASURED A.LONG LOT LINE RADW. LINE OR P.EAPENOtCULAR TO STREET CENTERLINE M NOTED. 3"4" 1 24" IRON PIPE W/ Pl.ASTIC PLUG "PLS nB8". !; ~ ....,,.59.w /# ®=- __ . ROTANDARO STREET _ ~ c __ @ ~ . ,11- . 0 ,. ... IRON Plf'E TAGGED "PLS nes· SET PER (R·4), ; " •- 92.50· I I - ..... ,.,0-W 251.97 7 I ; . .. . 302 t;,i!cl . _• • , ,!?, N89'..,-10-W 166.02' Si, , lj .... S.F. - "'~I ,_,~--~ 309. jr} I ,,..o~_-"~! -.'iiof --~\ f--1 .·. . ~ :0: 31-4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN MONUMENT WELL SET PER (R-4).

N.A.P. @ FOUND MONUMENT AS NOTED IN MONUMENT WELL
i~ ~ \ · 1 ~ ,~ 5939S.F. ij 59-iOS.F. ~ ~I &3.20' ,.,;
; ~ ~ ~-- 5989S.F. o ' 317 9: 318 o ~ · /; NW42'10-W ~
~ · N89"3TS9"W UJ • , :~ rn -; 01 N
~c !~~·- -\\ •~1<. l~ I N89"..,.10-W I NB9'4210'W O! illfil., lJ .J.sF I" SEE • FOLND 314" IRON PIPE TAGGED "PLS 7788" PER (R-1 ), UNLESS OTHERWISE NOTED. f
s
t:
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~
'\f, 1 t; ,oo·m• i 100.0o1· ! irl , 5,0 t. 831. · • E , FOUND 314" IRON PIPE TAGGED "PLS n88" PER (R·S). l! ,:~F. ;,_y --- 1 0 'ii, 316 ll! 319 :a 1'-' I;:;- . N89'42'10'W I: SEE L DETAIL A\\ 2 , j ';: ~ ~• 5002 S.F. ~ 50038.f, ·"SJ ~ 99.7T 9 •_!l!O'~J~ "'-' S: ..,..,.,f1YI j .----1!!!'!£.1 '!:"' en' - l! 300 Ill/ DETAIL 8 \ N00"21..-e 100.00' 100.0S' 100.07' ~ $ 5915S.F. ~ N00°21'59"E 300'(MKR-1) R.5100' 311 I(: ,. !: l! 315 l!l! 320 'l! ~~18 J _.,,_ ;,r._...,, f ,_.,...... ,.,...,.,.. ~~1 60008.F .. _j'g.,j ,§ i. ii 5004!<F. tp• 5004S.F.ii;i 'i:l lilj .... .,.,..,. _, I0000'(1')(R-IJ ' - , ··-···-·• ···-·· - . • - ' noo-(MKR-1) •{_t..23.64'(MJ{R-1) ~ . w li:!fil .... .,.,..., I _.,.,(1YI ,.. . ti' S.77 ••• , ...... 1 •llO,.-J ' .. .,, I .... t[ L.,.,»1· 1 - -''. . ~ . "'"7'58'Y! c"; ----,oo-.ti I"! 100.10' ~ I f ~ 299 ~ 22.00' I 2400' I ' • NIW41".W 14~.25'(~R-1) • ,,..... Iii 314 i!'a 321 ' - . ' -,a 5983SF. a ti ' .;J I """' ' 162.J l I 312 . ~1 ·g1 :51 ........ i!li! 5000SF . ~ ;1 ~: -- . !l 297 ~:, 296 ,,L 295 ti 294 !I. 293 ~ ;;2 . l ~, ___ _ __ 1-.": ,. .. 100... , 100.••· ~- '\£,. 1-
1 .. "·" 1 s.•. ~11IF_ ~!,l SF 'i!,l SF ~!,l .. _F. ~_I~ .. _F. ~.1~ -_if_-__ ~f;I- . ,a,e·s.F. : ' -.i, iii . ...., .. aw __ • .......1...,__ • • • • 8150 r ,.,. ~I " 7342 ,; Ill 73'2 ';, II! 7830 ~ ~ 6717 • 291 . 290 -· 1 .Lo~J,. ... _ ~ ~, "' 313 !l 322 ",j ~1 :, 298 Iii~ I I ~/°' S.F. , . &.f. ,~§ Lt2~ '¢r, ~; , !# 5913S,F. g 5913S.F. ·:f:, - 1 "' 6S86S.F. =I . iij" , lllj ~! ~~o---:!Mr. (l 00:01•' --o,:; ~I ~)-~!!!__j ~~.J- ''lioOO' "'"' 60 j __ .._... I 6000' I.~ . ~ .M..:__ ii, l 8 . 1"'9'A?~O"W 172.61' f . ~42'10' 2.40' • ~
. • l'l ~ , · • :<l FALASCO AVENUE NB9"'2'10'W 1110.6> /fi I I I 748.25° 1 --------@-- 176.00' -, --···----25Z:J7' -------~ , --- ---------- --·----· ----· 622.36 ,--------------- ------ ii 's jz SHEET 3
VOL
- '.'.:nrrrn
PAGE SHEET 4 OF 5
88 RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDNANCE NO. 1213
'rHE PROPERTY DESCRIBED ON THE HEREON SHOWN MAP IS IN THE VICINITY OF LANO UTILIZED FOA AGRIC!A.TURAl. l'IJRPOOoS,.,., AESIDE"1S Of' THIS PROPERTY MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISIN3 FAOM THE USE OF AGRICll.TURAI.. CHEMICALS, INCUJOING 8l1T NOT LIMITED TO.

PESTICIDES II.:> fERTl.lZERS, ANO FROM THE PUASlKT OF AGRfCUI.TURAl OPERATIONS INCWD1NG, BV NOT I..MTED TO, PL.0¥m«l, SPRAYING AND BURNING WHICH OCCASIONALLY MAY GENERATE DUST, SMOKE, NOISE, AND ODOR.

THE COUNTY OF MERCED HAS ESTABLISHED AGRICLH..TURE AS A PRIORITY USE IN AGRICULTURAL ZONES WHICH ARE Ol!TSIOE OF AN EST ASUSHED SPECIRC URBAN DEVELOPMENT PIAN (SUl)PJ BOUNDARY, RURAl AESllEHTW. CENTER (ARC) BOUNOAflY, HIGHWAY INTERCHANGE CENTER (HIC) BOlM>MY, OR AGRlcutTURAL SERVICE CENTER (ASC) BOUNDARY, AND RESIDENTS OF PROPERlY IN THE \IICINITY OF SUCH AGRICULTURAL 'ZONES SHOULD BE PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL.

NECESSARY'AGRICUL TURAL OPERATIONS.

LINE TABLE
LINE I I DIRECTION ] LENGTH 1
L1 N89"42'10"W "·" I l2 N81r42'10"W .... l3 N44~3t'W 18.7Z' L4 NW17'50"E 19.58'
l5 N44"42'10"W 19.51'
l7 N44'"42'10"W 19.59'
l8 N45"17'5D"E 19.59' '
l9 I N44'4"10'W 19.59'
L10 I N45920'10"E ,au
~ N89"42't0" ~oo- I l 12 1 NB9•42',aw ioo7 l13 j N19"Q2'13"W 16.39' Lt• N89"4rtO'W u.,r
L15 NB9"42'10"W 20.78'
l16 N89"42'10"W 47.95'
lt7 H83"3TS9-W 20.11
I ~~~••-w I 20.00" j
I-- ~ ·-- CURVE# RADIUS Da TA LEflGTN
c, 23.00" 46"21'31" 18.61'
C2 ..... 272"43'03" 228.4T
C3 48.011' 26°32'31" 22.24'
C4 I 48.oo- 54•54'30" '6.00"
C5 48.00" 54~8'36" '5.50'
C6 "·"" 47"4S'Or 4').00"
c:, 48.00" SJ-43'34" 45.01'
Cl 48.00' 35~1· 29.72'
I C9 23.011' 46-Z,'3~
c,o ,s.oo- I ""''.,. I ... .,.

I CURVE# RADIUS DELTA LENGTH
C20 86.00" 154"15'35" ~ 54• I C,1 86.00" 26",'7"29" 40.21' C22 86.00" 34°47'44" 5223'
C23 86.00' 33'20'31" 50.05'
C24 86.00" 40"'31'15" .,.., ,__ C2S 86.00" , ........ ...... C28 25.00" 32"07'4T 14.02' C27 25.00" 32"0T4T 14.02'
C28 86.00" ts-Mt'2f' 231M
C29 86.00' 14"23'13" 21.59'
C30 86.00' 37'04'36" 55.65'
cs, 8'-00' 43°24'36" ..... C32 "'"' ........ 72.21'
C33 86.(NJ' ,,.,2'39" 16.83'
C3C 2'00' '2°07'53" 14.02'
C35 I 17/11 ~~
C36 -~ 80-oow 26,'l(J
~ ;- 17.w l 90"00'00' ,.,,..

RADIAL 8EAAIN8S
LINE# DIRECTION
1(R) S31""6'5rE
2(R) ""= ' ~R) N7'54'21rE I
4{R) S77"37'17"E
5(R) S51"34'24"E
&(RI N44'00'30"E
7(R) S79"29'21"W
8(R) I N4S-4T05"W
9(R) ND'STS6'E
•~RI N55'16'32"E
1t(R) .......... ,~ , S43'"16'27"E
RAllW. 8EARINGS
UNEf DIRECTION
13(R) N51r14'08"E
14(R) N69"26"48"E
15(R) 662"21'49"£
t6(R! S1BW2S"W
17(R) S32'2S'36"W
t8(RJ S31'"5TE I
1s1R1 j s1:ro1'2t"E
20(R) SOO'W2S"W 1 r - - - 2t(R) NB4"21'$1"W
22(R) SS7"3412'£ I
23(R) NS4"28'06"E
24!Rl N81-01'36'E
TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO. 201 IHl, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA JANUARY 2022 VOL
£LL ENG l NE·ERlNG
1165ScanlcOrlve,SulleA
Mod&sto, CA 95350
Ph 209.S71 . t 765 odeltngineertng.com
PAGE SHEET 5 OF 5
89 t;/)
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Center Ave
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Roselli St
I
-
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- - - Center Ave Center.Ave Center Ave
90 Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 S iace above this line for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this ___ day of ____ 2022, between PIONEER DEVELOPMENT COMPANY, INC., a California Corporation, Patiies of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2016-01, East Center Phase 3A, comprised of 85 single family residential lots on approximately 16.43± acres, a copy of which is on file at the City of Los Banos Planning Department and made a pati of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the constmction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, cetiain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ____ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2016-01.

NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

Subdivision Improvement Agreement FM#2016-0l
EAST CENTER PHASE 3A
91 SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the I st day of June 2024, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS FOR PHASE 3A:

1. SITE PREPERA TION $ 6,500.00

2. WATER $ 166,200.00

2. SEWER $ 172,810.00

3. STORM DRAIN $ 38,010.00

4. CONCRETE $ 110,955.00

5. PAVEMENT $ 271 ,145.00

6. ELECTROLIERS $ 30,000.00

7. MISCELLANEOUS $ 6,992.00
TOTAL $ 802,612.00

2. The DEVELOPER(S) shall fmnish bonding or other forms of secmity for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $802,612.00 and Labor and Materials at 50%, $401,306.00 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$80,261.20. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

ENGINEERING AND INSPECTION FOR EAST CENTER PHASE 3A
5% of Approved Engineer's estimate of$802,612.00 $ 40,130.60 Less: Deposit for Plan Check (Rec#0 1207029) $ (15,081.49) Less: Payment (Rec#0l 740835)

SUB-TOTAL

FINAL MAP REVIEW
Charges for East Center Phase 3A
Less: Deposit for Map Review (Rec#0161750l)
Less: Payment (Rec#0 1740835)

SUB-TOTAL
Subdivision Improvement Agreement 2
$ (25,049.11)
$ 2,740.79
$ (2,000.00)
$ (740.79)
TOTAL
$ 0.00
$ 0.00
$ 0.00
FM#2016-0l
EAST CENTER PHASE 3A
92 f

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $802,612.00 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2016-0l. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occw-.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Repoti, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall cetiify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be petformed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of e!1'ors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in Subdivision Improvement Agreement 3 FM#2016-0l
EAST CENTER PHASE 3A
93 the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or prope1iy by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to prope1iy, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to prope1iy or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and unde1iakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

Subdivision Improvement Agreement 4 FM#2016-0l
EAST CENTER PHASE 3A
94 16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (I) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title repo1t encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2016-0 I prior to acceptance of public improvements or final of any housing units.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement secw-ity per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's Subdivision Improvement Agreement 5 FM#2016-0l
EAST CENTER PHASE 3A
95 cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2016-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective patiies hereto.

IN WITNESS WHEREOF, the patiies have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the <lat 'eat· in this AGREEMENT first above written.

ATTEST:

Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement
PioneerD
ACalifo1

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
Manuel Thomas Faria III
Mayor

PARTIES OF THE SECOND PART
6 FM#2016-0l
EAST CENTER PHASE 3A
96 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 Cal@ A . I
County of )( Ue\
before me, _,,_,1...¥.~...:.....:,~ .!,.._=:....J<:.~""!-l....l..!L~~~-=+--'-'-~l L, \ _ \ ~ s;r\;ie and title of he officer)
personally appeared _ ____,._.......,.......,.......,.,_--'--~-+t, -'--"'_-r_·_,__ ~~ _____ r _________ ____ _, who proved to me on the basis of isfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
Subdiv ision Improvement Agreement 7
se< eo-eeee~
REGINA A. ROBLES
Notary Public - California z
Merced County ~
Commission # 2345695 -
y Comm . Expires Feb 8, 2025
FM#2016-0 l
EAST CENTER PHASE 3A
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 Exhibit A
ENGINEER'S EST/MA TE €NG1NE-E-RlNG
Project name: East Center - Phase 3A, 85 Residential Lots LOS BANOS, CA Project progress stage: City Engineer's Estimate 3/23/2022 ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 EROSION CONTROL LS $6,500.00 $6,500.00
SUB-TOTAL $6,500.00
B.WATER
1 8"WATER LF 3,037 $20.00 $60,740.00
2 8" WATER VALVE EA 6 $1,300.00 $7,800.00
3 HYDRANT, BURY & GATE VALVE EA 7 $3,500.00 $24,500.00
4 CONNECT TO EX. 8" WATER EA 2 $1,000.00 $2,000.00
5 CONNECT TO EX. 10" WATER EA 1 $1,000.00 $1 ,000.00
6 6"X8" REDUCER EA 7 $800.00 $5,600.00
7 8"X10" REDUCER EA 1 $810.00 $810.00
8 HOUSE SERVICE INCLUDING METER EA 85 $750.00 $63,750.00 BOX
SUB-TOTAL $166,200.00
C. SANITARY SEWER
1 6" SEWER MAIN LF 1,364 $20.00 $27,280.00
2 8" SEWER MAIN LF 1,273 $23.00 $29,279.00
3 10" SEWER MAIN LF 243 $32.00 $7,776.00
4 STD. SEWER MANHOLE EA 10 $2,400.00 $24,000.00
5 CONNECT TO EX. 8" SEWER EA 1 $700.00 $700.00
6 CONNECT TO EX. 10" SEWER EA 1 $900.00 $900.00
7 STD. LATERAL EA 85 $975.00 $82,875.00
SUB-TOTAL $172,810.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 90 $25.00 $2,250.00
2 15" STORM DRAIN LF 420 $28.00 $11 ,760.00
3 STD. SD MANHOLE EA 3 $2,400.00 $7,200.00
4 CATCH BASIN EA 6 $2,300.00 $13,800.00
5 CONNECT TO EX. 18" SD EA 3 $1 ,000.00 $3,000.00
SUB-TOTAL $38,010.00
E. CONCRETE
1 6" VERTICAL CURB & GUTTER LF 1,728 $13.00 $22,464.00
(INCL. RETURNS & DRIVEWAYS)
2 ROLLED CURB & GUTTER LF 5,622 $15.00 $84,330.00
3 5' CURB TRANSITION EA 22 $15.00 $330.00
4 SIDEWALK (INCL. RAMPS, RETURNS SF 718 $4.50 $3,231 .00 5 WHEEL CHAIR RAMP (LABOR ONLY) EA 1 $600.00 $600.00
SUB-TOTAL $110,955.00
F.PAVING
1 2.5" A.C. OVER 10.5" A.B. SF 108,458 $2.50 $271 ,145.00 SUB-TOTAL $271, 145.00
G. ELECTROLIERS
1 ELECTROLIERS EA 12 $2,500.00 $30,000.00
SUB-TOTAL $30,000.00
H. MISCELLANEOUS
1 R-1 STOP SIGN EA 5 $500.00 $2,500.00
2 "NO PARKING" SIGN EA 4 $250.00 $1,000.00
3 STRIPING LS 1 $1,500.00 $1 ,500.00
4 MONUMENT WELLS EA 6 $325.00 $1 ,950.00
5 IRRIGATION SLEEVES EA 6 $7.00 $42.00
SUB-TOTAL $6,992.00
Construction Total $802,612.00
p:209.571.1765 I f:209.571.2466 PROBABLE COST
1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineerlng.com O'Dell Engineering 99 Notes:

1. This estimate does not include surveying, engineering, landscaping, street trees, joint trench, or irrigation.

2. This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated wtth the utility poles.

3. This estimate does not include cost for irrigation ditch removal, relocation, or pipe lining.

4. Esitmate grading cost can vary due to shrinkage, stripping. site consolidation and other variable factors associated with earthwork.

5. Items not included as part of this estimate:

A. Good Neighbor Fencing
B. Permits
C. Utility Fees
D. City Fees, bond fees
E. Engineering/design fees
F. Soils eni:iineerini:t cost
G. Power Pole Relocation
H. Construction Surveying
Landscaping Fees

6. This estimate is not intended for bidding purposes.
7 Service laterals for Lot 267 was built per phase 1.
8 This estimate does not include landscape and irrigation.

J. Easement acquisitions
K. Retaining Walls
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal

0. Mail Boxes
P. Existing Irrigation Facility Demolition
9 The property fence is a private improvement and is not included in the bond estimate. p:209.571 .1765 I f:209.571 .2466 PROBABLE COST
1165 Scenic Drive, Suite A, Modesto, CA 95350 J www.odeHengineering.com O'Dell Engineering 100
EXHIBI.TB
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2016-01

REV - THE VILLAS
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 o_f providing a clear record of the approved Vesting Tentative Tract Map.

2. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.

3. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code.

4. All development shall be consistent with the Vesting Tentative Tract Map #2016:01 and approved Final Development Plan #2016-01, reflecting any amendments added during approval.

5. 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.

6. 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. ·

7. 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.

8. 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.

9. A Final Map Guarantee shall be prepared and provided to the County Recorder,
101

10. 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. 11 . Developer shall include a Public Utility Easement of ten (10) feet along all road frontages.

12. 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.

13. Building Master Plans shall be appmved 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 #2016-01.

14. 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."

15. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.

16. 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.

17. 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. · ·

18. The project is. subject to the appropriate Development Impact Fees as established by the City.
102

19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property. A maintenance easement shall be provided a$ required by the Public Works Director.

20. 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.
21 . It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.

22. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.

23. Building permits will be issued in accordance with the City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.

24. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform to the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.

25. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. Onasite 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.

26. 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 and Economic: Development Department.

27. Improvement Plans and Grading Plans shall delineate the location and design of all required walls including retaining walls.

28. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.

29. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any 103
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 Community and Economic Development Department:

30. 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 15064.5(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 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 104
eight hours. This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by ttie City of Los Banos Community and Economic Development Department.

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.

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 soi.I 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-of105 way 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;
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 s.idewalk and any masonry walls.

44. Where the project boundary abuts existing good-neighbor residential fences, the Developer shall replace with new fences in accordance with the requirements of the Los Banos Municipal Code.

45. The developer shall install a seven-foot continuous masonry wall to be built along Bluff Drive lots.

Air Quality:

46. All residences shall exceed Title 24 energy requirements. As many energy conserving features as possible shall be included in the design and 106
construction of new buildings. Examples include, but are not limited to, increased wall and ceiling installation, energy efficient lighting, high efficiency appliances, and solar assisted water heating.

47. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.

48. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.

49. 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.

50. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.

51. 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.

52. 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.

Access and Circulation:

53. PrioF.te-8661:lpansy ~-fiF6l-f86ieeAse-witRiA4Re-1J8lee"68fRfJIYAily;-4Ae 88YelOpeF-6Rali--68RSlFllsl CeRlef--AYeRYe.feF-tRe••fYII length ef-the-VestiRfj +entati...a Map. FFEIRlafje-iffl~eRlEMiAall-9e..pf8¥ieee-feF-tRe-M-wietA ~~At-ef way iRSlueing s1:1rbiiJYtteF imprawments ffenting the GemoteFy. +Re...ffJlpRWements sl:tall iRGl1:1ee meeian, -tfay~-laResr-eike-laRe-as applisaeler-Sieewalk.-a~ssape-let;------aRe-4eseratiYe· .. masonry~ aesoFeanoo-witl:t-U:le-east-GeRlef.AFea-$21aR,

53. Prior to the development of the two hundred and thirty eighth residence and or the initiation of phase three (3) of the East Center Area Plan, the developer shall construct Center Avenue for the full length of the Vesting Tentative Map. Frontage improvements shall be provided for the full width of the right~f-way including curb/gutter improvements fronting the cemetery. The improvements shall include median, travel lanes, bike lane as applicable, sidewalk, 5' landscape lot, and decorative masonry in accordance with East Center Area Plan.
107

54. Center Avenue shall be constructed with a double turn lane along the length of the cemetery and the Whitehurst Funeral Chapel, or equivalent design, as approved by the City Engineer.

55. The Class I and II 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.

56. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Map including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted.

Improvements to arterials and collector streets shall be completed prior to occupancy of any use within the project boundaries, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.

57. The developer shall construct at least a half-section of any adjacent street on which the project borders, regardless of whether project access is taken from that street. The half-section shall be constructed in accordance with City standards, or as otherwise approved in the Vesting Tentative Tract Map, including, but not limited to curb, gutter, sidewalk, one-half of the planned travel lanes, median, decorative masonry wall, and landscaping.

58. 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.

59. 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 standards.

60. Prior to approval of Final Improvement Plans, street sections for all streets shall be approved by the City Engineer.
61 . 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.

62. Prior to approval of the Final Improvement Plan(s), all curb return radii less than 40 feet shall be reviewed for adequacy for turning movements of moving vans, fire apparatus, and other large vehicles, and adjusted accordingly.
108

63. 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.

64. Traffic calming measures throughout the project area shall be provided by the developer and approved by the Public Works Director.

65. All streets within private property shall be privately owned and maintained.

Landscape and Lighting District:

66. 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.

Utilities:

67. 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 shal.l work with the Public Works Department in regards to needed infrastructure and development during the . Improvement Plan Review stage.

68. 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.

69. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.

70. Easements shall be provided across public property for the purpose of providing access for maintenance of public infrastructure. 109
Watg;r:
71 . 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.

72. 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.

73. 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 meeting the illumination standards required in the City street light standards, except that cobrahead streetlights shall be used on arterial streets. 7 4. All street lights within private property shall be privately owned and maintained.

75. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.

76. Approved backflow devices shall be installed as required.

77. Domestic water services shall not be placed in driveways.

78. Final Improvement Plans shall indicate the locations of water line elbows and manholes.

79. 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.

80. All water lines within the private property or common lots shall be privately owned and maintained, except that mains within private property may be publicly owned if an easement is provided for maintenance.

Sewer:

81. The existing Bluff Drive Sewer Pump Station capacity shall be upgraded to 1,900 gpm as identified in the Area Plan.
110

82. The existing force main in Page Avenue may need upgrades as determined by the Public Works Director as identified in the Area Plan.

83. 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.

84. 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.

85. Final Improvement Plans shall indicate the locations of sewer line elbows and manholes.

86. All sewer lines within the private property or common lots shall be privately owned and maintained, except that mains within private property may be publicly owned if an easement is provided for maintenance.

Storm Drainage:

87. The development shall provide storm drainage to the new basin, and then discharge directly to CCID Canal, as des.cribed in the Storm Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer. All improvements to conform to the City's Storm Drainage System Master Plan. All deviations to be approved by the City Engineer.

88. Final Improvement Plans for the storm drainage system shall utilize the TR-55 analysis method.

89. Prior to acceptance of Final Improvement Plans, the applicant shall submit verification from the manufacturer that the pump station capacity is adequate for full basin to shut-off operational conditions.

90. Final Improvement Plans shall include concrete structures at storm basin inlets and outlets. Rip-rap shall not be considered acceptable. The structures shall prevent nuisance water by diverting directly to the pump station.

91. All development shall comply with the Phase II storm water regulations.

92. 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.
111

93. 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. !:14. The storm drainage basin shall be complete to the satisfaction of the Public Works Director prior to occupancy of the first house (except model homes).

95. The applicant shall pay reimbursements as applicable for the Gardens storm drainage improvements; and shall be entitled to reimbursement for future development elsewhere within the plan area.

96. The applicant and City shall revise the drainage agreement with CCID as necessary to accommodate drainage flow into the Main Canal.

97. All storm drain lines within the private property or common lots shall be privately owned and maintained.

Public Safety:

98. Prior to 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.

99. On-street parking shall be prohibited in locations where a minimum 20-foot travel lane will not be maintained.
100. Emergency access to private property/ common areas shall be assured. 101 . Gates at private streets shaU be equipped with SOS Sire control System, Click to Enter controls, and Knox Box entry system approved by the Fire Chief. Manual operation or alternate access shall be provided for use in the event of a power outage.
102. The developer shall enter into an aQreement with the City to assure that the developer or successor.shall perform water system maintenance and maintain the required fire flow.
103. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
112
104. Fire hydrants shall be i_nstalled at locations approved during the Improvement Plan stage and shall be installed based upon City standards. 105. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
106. Each residence shall have 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief. ·
107. 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.
108. Street names shall be approved by the Fire Department. 109. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits. 110. Upon completion and approval of the project plans, a CD shall be submitted to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).

Landscaping:.
111. 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.
112. The developer shall comply with the adopted street tree ordinance. 113. Masonry walls shall be landscaped with vines to discourage graffiti. 114. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
115. A park dedication and improvement fee shall be paid with each building permit Upon completion of public park improvements and dedication, the developer may be subject to reimbursement of park improvement fees for the expansion of Cresthills Park.
116. The developer shall include the following utilities in the parks: electrical, sewer, connections, storm drainage, and water service.
113
117. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less 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.
118. Landscape plans shall be designed in accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code.

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.
114
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TRACT NO. 2016 - 01

THE VILLAS

LOS BANOS, CALIFORNIA
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Modesto PaloAlto Pleasanton
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9 VESTING TENTATIVE MAP

SHEET NO
2 OF
2 116
LOsBanos
At tlu· Crossro<1ds of CC1lUornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 1, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 1
Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southbrook at Stonecreek The Villages IV, Phase 2B Unit 1.

Background:

The Tentative Tract Map No. 2004-00 was approved by the City of Los Banos Community Development Department in 2004 by Resolution No. 4610. In June 2005, a Development Agreement was drafted between Anderson Homes and the City of Los Banos. In this document and in Resolution No. 2005-10 the Vesting Tentative Tract Map No. 2004-00 was also referenced as Vesting Tentative Tract Map No. 2005-05. The agreement was recorded with Merced County on June 28, 2005. An amendment to the 2005 Development Agreement was submitted in May 2015 and recorded with Merced County on July 13, 2015. In November 2020, the Public Works Staff was contacted by the developer, Anderson Homes, for Final Map approval on Final Tract Map No. 2005-05 Southbrook at Stonecreek at Los Banos, The Villages IV, Phase 2B Unit 1, and accompanying Subdivision Improvement Agreement. In October 2020, the developer contacted Public Works for the approval of Improvement Plans for Southbrook at Stonecreek The Villages IV, Phase 2B. The Improvement Plans were reviewed and approved by the City's Consulting 117
Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion, the site was inspected and deemed substantially complete by the City. The Landscape Plans were submitted to the Public Works Department for Southbrook at Stonecreek The Villages IV, Phase 28 for review and were approved in July 2021. In April 2022, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 1.

Discussion:

The subject is generally located within the area bounded by Travertine Way to the north, Pioneer Road to the south, Ortigalita Road to the east, and future Limestone Boulevard extension to the west, more specifically identified as APN 430-060-019.The applicant is Anderson Homes, a California Corporation. The map consists 29 single family lots on

6.03.± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2004-00 also known as Vesting Tentative Tract Map No. 2005-05 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.

Fiscal Impact:

All public improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 1 have been completed by the Developer. A Maintenance Bond in the amount of $30,850.73 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Attachments:

Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
118
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHBROOK AT
STONECREEK THE VILLAGES IV, PHASE 2B UNIT

1. WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southbrook at Stonecreek the Villages IV, Phase 2B Unit 1 that Public Improvements, for Southbrook at Stonecreek the Villages IV, Phase 2B Unit 1 be accepted by the City of Los Banos; and,
WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Public Improvements for Southbrook at Stonecreek the Villages IV, Phase 2B Unit 1 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June, 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
119

THIS PAGE IS INTENTIONALLY LEFT BLANK
120

SITE MAP
Southbrook at Stonecreek at Los Banos The Villages IV Phase 28, Unit 1 121

THIS PAGE IS INTENTIONALLY LEFT BLANK
122

OWNER'S STATEMENT
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TRACT NO: 2005•05

SOUTHBROOK AT STONECREEK
THE VILLAGES IV-PHASE 2B UNIT 1 BEING A RESUBDIVISION Of THE REI.WNDER PARCEL Of TRACT NO. 2005-05, SOUTHBROOK AT STONECREEK, VILLAGES IV-PHASE 1B, VOL 76 O.P. PAGES 22-30 MCR. A PORTION OF lllE REMAINDER PARCEL OF MS 020S7, VOL 93 PM. PAGES 47 8 MCA, ANO A PORTION OF PARCEL 2, MS 02057. VOL 93 PM, PAGES 47-48 MCR. BEING A PORTION OF THE SOlffilEAST QUARTER OF SECTION 21, TOWNSHIP 10 SOUTH. RANGE 10 EAST. MOUNT OIABLO BASE & MERIDIAN
CllY OF LOS BANOS. MERCED COUNTY. CALIFORNIA
JANUARY 20Zt
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124
TRACT NO: 2005-05

SOUTHBROOK AT STONECREEK
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SEE SHEET 2 FOR NOTES, REFERENCED RECORD DOCUMENTS, MONUMENTS, ABBREVIATIONS, LEGEND, AND BASIS OF BEARING TRACT NO: 2005-05

SOUTHBROOK AT STONECREEK
THE VILLAGES IV-PHASE 2B UNIT 1 BEING A AESUBDIVISION OF THE REMAINDER. PARCEL OF TRACT NO. 2005•05,SOUTHBROOKATSTONECREEK. VILLAGES IV•PHASE 1B, VOL 76 O.P. PAGES 22-30 MCR, A PORTION OF THE REMAINDER PARCEL OF MS 02057, VOL 93 PM, PAGES 47-46 MCR, AND A PORTION OF PARCEL 2, MS02057. VOL 93 PM, PAGES 47-'IBMCR, BEING A
PORTION OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNTOIABLO BASE & MERIDIAN

CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2021
□ ELL ENCilNEERINC. ,ws..,.;-;o,,,...o..-" ........ CA.am •ooun~, ~-
BOOKliOFMAPS,PAGE~- SHEET 5 OF 5
127

THIS PAGE IS INTENTIONALLY LEFT BLANK
128
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 9363 5
Recorded in Official Records,

MERCED COUNTY
Doc#: 2021010123
03/05'2021 08:39 AM
S ace above this line for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 18'7h day of feb,:~ , 2021, between ANDERSON HOMES, INC., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2005-05, Southbrook at Stonecreek The Village IV, Phase 2B, Unit 1, comprised of 29 single family residential lots and a 20' right of way dedication on approximately 6.03± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and, WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, Subdivision Improvement Agreement FM #2005--05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 1
129
within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. (p319 to be in.substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2004-00 also known as Vesting Tentative Tract Map 2005-05.

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of March 2022, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS FOR PHASE 2B1 UNIT 1:

1. SITE PREPARATION $ 23,100.00·

2. WATER $ 26,320.00

3. SEWER $ 33,630.00

4. STORM DRAIN $ 14,610.00

5. CONCRETE $ 76,600.00

6.PAVEMENT $ 70,022.25

7. ELECTROLIERS $ 7,500.00

8. MISCELLANEOUS $ 56,725.00
TOTAL $ 308,507.25

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the Subdivision Improvement Agreement 2 FM #2005-05
STONECREEK 11IB VILLAGE IV PHASE 2B, UNIT 1
130
remaining improvements, agreed to by the CITY for Performance at 100%, $308,507.25 and Utbor and Materials at 50%, $154,253.63 and prior to the release of other security, for Warranty and Guarantee at I 0% in the amount of $30,850.73 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amo\111t of $3,500.00 for survey monwnents, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of $653,899.25
(Estimate includes Phase 2B, Units 1 & 2)
Less: Deposit for Plan Ch.eek (Rec#01530787)
Less: Payment (Rec#Ol 560208)

SUB--TOTAL

FINAL MAP REVIEW
Charges for Phase 2B, Uilit I
Less: Deposit for Map Review (Rec# 01530784)

SUB-TOTAL
$
$
$
$
32,694.96
(19,209.63)
(13,485.33)
2,000.00
(2,000.00)
TOTAL
$ 0.00
$ 0.00
$ 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $308,507.25 (attached as Exhibit "A''), as approved by Public Works Director/City Engineer and accepted by the City Council.

S. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2004-00 also known as Vesting Tentative Tract Map 2005-05. All public improvements and utilities must be installed prior to occupancy of units.

8. Any improvements not .shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for resi(ients at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from perfonning satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY.

Subdivision lniprovement Agreement 4 FM #2005-05
STONECREEK TIIE VILLAGE IV PHASE 2B, UNIT 1
132
The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modifiecl plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, finn, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all irtjuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, ati.d liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premi$es adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy pennits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

Subdivision Improvement Agreement 5 .FM #2005,-05
STONECREEK TI:IE VILLAGE IV PHASE 2B, UNIT l
133
Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph .3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DE.VELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consid.eration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title :report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.
------ Subdivision Improvement Agreement 6 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 1
134

20. That the Applicant furnish the CITY with a reproducible 8 I/2" x 11" map of the Final Map of this development prior to issuance of permits.

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2004-00 also known as Vesting Tentative Tract Map 2005-05 prior to acceptance of public improvements or final of any housing units.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed.: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be subr.nitted PY the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2004-00 also known 8$ Vesting Tentative Tract Map 2005-05, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions ofapproval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance-with which may be placed as a condition of permit issuance or occupancy.
- ---·----------- Subdivision hnpro~ment Agreement 7 FM #2005-05 STONECREEK THE VILLAGE IV PHASE 2B, UNIT I
135

IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:
~i-~
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement

ANDERSON HOMES
A California Corporation
Michael Anderson
Vice President

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation

PARTIES OF THE SECOND PART
8 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT I
136
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 Sao :Beol'tt> }
On ::::IaovOJ\L 2\ , 1.Q2 \ before me, :Resioc.. m. '\Afoldcoo, Olrlt;, i',b 0.zblic D te Here Insert Name and Title of the fficer .
personally appeared ffi\CY:\1c' A.odr <S!OQ
Name(s) of Signer(s)
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 capaclty(ies), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. 1······· , REGINA M. ····· WALDRON , : Notary Public - California : i i S~n Bc.>nito County ! ~ Commission# 2233814 My Comm. Expires Apr 7, 2022
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal.

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document: 5 >bd\'v\$\(SY) Tropmvrroi"'.01 A.g'Ceccof''{)i Document Date: ____________________ Number of Pages: ___ _ Slgner(s) Other Than Named Above: ____________________ _ _ Capacity(ies) Claimed by Slgner(s)
Signer's Name: ______ _____ _ Signer's Name: ____ _____ _ _ _ □ Corporate Officer - Title(s): ______ _ □ Corporate Officer - Title(s): ______ _ □ Partner - o Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fad □ Individual □ Attorney in Fact □ Trustee o Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: □ Other:

Signer is Representing: ________ _ Signer is Representing: ________ _ g-~:;~;;;~;.~~$·:,.3;ffi!J;SJ~3'.ttl~Ul8i~l8!lgjffi~.~~~~~1i ©2018 National Notary Association
137

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138

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docume·nt, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
}
County of Merced }
On this 18th day of February , 2021 before me, Lucille L. Mallonee , a Notary Public in and for said State, personally appeared Manuel Thomas Faria Ill , who proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~ ~ f. ~
1······ • LUCILLE ··••=•f L. "IAUONF:E : e. Nohry Public · C.Hfornra a i ~ ' lil~rc td County i:: j Commis1 iDII f 2212 7l 5 l " "'YCO":·!iPll~Apr 21, 20~
Signature of Notary Public (Notary Seal)
139

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.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

C2e __.

Signature of Notary 'Public
, ...... ,,., .......... , ·e••,. LUCILLE L. MALLONEE _ · • Notary Public • C.lifornla z i _.... ~ Ml!fted County f • Commission II 2282735 -
• ...... My Comm. E.xpiresApr 21, 2023
(Notary Seal)
140
Exhibit A
,...DELL OPINION OF PROBABLE COST -ENGlN-E-E-RlNG
Project name: The Villages At Stonecreek IV, Phase 2B LOS BANOS, CA Unit 1 (29 Lots)
Project progress stage: 1st Submittal to City 1/20/2021 ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING LS 1 $5,000.00 $5,000.00
2 SITE GRADING CY 5,200 $3.00 $15,600.00
3 EROSION CONTROL LS 1 $2,500.00 $2 500.00
SUB-TOTAL $23,100.00
B.WATER
1 8"WATER LF 720 $16.00 $11,520.00
2 HYDRANT, BURY & GATE VALVE EA 2 $2,000.00 $4,000.00
3 CONNECT TO EX. WATER EA 2 $1,500.00 $3,000.00
4 HOUSE SERVICE INCLUDING EA 26 $300.00 $7,800.00

METER BOX
SUB-TOTAL $26,320.00
C. SANITARY SEWER
1 8" SEWER MAIN LF 770 $19.00 $14,630.00
2 STD. SEWER MANHOLE EA 4 $2,000.00 $8,000.00
3 4" STD. LATERAL EA 28 $250.00 $7,000.00
4 CONNECT TO EX. SEWER EA 2 $2,000.00 $4,000.00
SUB-TOTAL $33,630.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 30 $18.00 $540.00
2 15" STORM DRAIN LF 145 $21.00 $3,045.00
3 18" STORM DRAIN LF 85 $25.00 $2,125.00
4 STD. MANHOLE EA 2 $2,000.00 $4,000.00
5 CATCH BASIN EA 2 $1,450.00 $2,900.00
6 CONNECT TO EX. STORM DRAIN EA 1 $2,000.00 $2,000.00
SUB-TOTAL $14,610.00
E. CONCRETE
1 6" VERTICAL CURB & GUTTER LF 2,260 $13.00 $29,380.00
(INCL. RETURNS & DRIVEWAYS)
2 ROLLED CURB & GUTTER LF 390 $14.00 $5,460.00
' 3 SIDEWALK (INCL. RAMPS, RETURNS & DRIVEWAYS) SF 13,920 $3.00 $41,760.00 SUB-TOTAL $76,600.00
F.PAVING
1 2.5" A.C. OVER 11" A.B. (INTERIOR) SF 28,935 $1.85 $53,529.75 2 4.5" A.C. OVER 18.5" A.B. (ORTIGALITA) SF 4,675 $3.50 $16,362.50 3 SAWCUT LF 65 $2.00 $130.00
SUB-TOTAL $70,022.25
G. ELECTROLIERS
1 ELECTROLIERS EA 3 $2,500.00 $7,500.00
SUB-TOTAL $7,500.00
H. MISCELLANEOUS
1 MONUMENT WELLS EA 3 $300.00 $900.00
2 STREET SIGNS EA 2 $350.00 $700.00
3 6' MASONRY WALL LF 315 $175.00 $55,125.00
SUB-TOTAL $56,725.00
Construction Total $308,507.25
10% CONSTRUCTION $30,850.73
GRAND TOTAL $339,357.98
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 141
Notes:

1. This estimate does not include surveying, engineering, landscaping, street trees, joint trench, or irrigation.

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. Items not included as part of this estimate.

A. Good Neighbor Fencing J. Easement acquisitions
B. Permits K. Retaining Walls
C. Utility Fees L. Landscape Design Improvements
D. City Fees. bond fees M. Street Trees
E. Engineering/design fees N. Tree Removal
F. Soils engineering cost 0. Mail Boxes
G. Power Pole Relocation P. Existing Irrigation Facility Demolition H. Construction Surveying
I. Landscaping Fees

6. This estimate is not intented for bidding purposes
p:209.571.1765 I f:209.571.2466
Modesto Office: 1165 Scenic Drive, Suite B Modesto, CA I www.odellengineering.-c-o-m-----t--------; 142

EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2005-05:

PROJECT-SPECIFIC CONDITIONS
General
1 The applicant shall submit a revised Vesting Tentative Tract Map to the Planning Division within 30 days from City Council approval; reflecting any modifications or additions identified within the staff report and conditions of approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community Development Director and signed by the Community Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map. 2 Development of properties shall be subject to the Master Building Permit Allocation Plan, identified in the Pre-Annexation Development Agreement and the Development Agreement.
3 A notice shall be recorded on deeds for alf lots within 500 feet of the high pressure gas line, notifying property owners of the presence of the gas Pre-Construction and Construction
4 Prior to issuance of 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 City of Los Banos Planning Division:
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 owls relocation to nearby lands possessing available nesting and 143
foraging habitat (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 10)

5. Subject to the review of the Los Banos Planning Division, no earlier than 30 days prior to commencement of grading or construction activities on the project site, a field survey shalt 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 8).

6. 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 Division and the Department of Fish and Game. The surveys shall be conducted according to the recomnnended 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 onequarter 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 1 . 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 144
the full costs of the effort, including any telemetry work specified by the Department.(sTONE-CREEK EIR MITIGATION MEASURE 11)

7. Prior to commencement of construction activities and subject to review and approval by the Los Banos Planning Division, 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 (USFWS 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. c. During construction activities, 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 Division (STONECREEKAREA PLAN EIR MITIGATION MEASURE 9).

8. Prior to the development of sensitive uses (ie: 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 may contain hazardous materials. If necessary, a remediation plan shall be created and implemented. For schools and day care centers, a Phase 1 environmental assessment shall be required at any location on the project site (STONECREEK AREA PLAN EIR MITIGATION MEASURE 20).

9. 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 (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 21).

10. 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 145
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 Planning Division.

11. During construction activities, 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 City of Los Banos Planning Division.

12. Final Improvement Plans shall show the location and size of desilting basins.

13. Fire hydrants on major streets (or other means of fire suppression acceptable to the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit in adjacent areas of the development. Fire hydrants (or other means of fire suppression acceptable to the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site. For purposes of this condition, major streets include: Badger Flat Road; Ortigalita Road, Cardoza Road, Pioneer Road, Church Road, and either "N" Boulevard or San Joaquin Boulevard.

Access and Circulation:
14- Badger Flat Road and Cardoza Road shall be designated as Cfass Ill bike routes. (STONECREEK AREA PLAN EIR MITIGATION MEASURE 29) 15- Prior to approval of the Final Improvement Plan(s), all curb return radii less than 40 feet shall be reviewed for adequacy for turning movements of moving vans and other large vehicles, and adjusted accordingly. 16- Where sideyards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewafk and the fence. This may be accomplished by changing the separated sidewalk to an attached sidewalk in those locations.

17. Pathways through the three pocket parks shall be constructed to Class I bike path standards with curb cuts at streets.

18. Other than park or school access, no driveway access shall be allowed from Ortigalita Road, Pioneer Road, Cardoza Road, or Badger Flat Road.

19. Traffic signals shall be programmed to provide an automatic pedestrian walk signal at the beginning of each green light phase (STONECREEK AREA PLAN EIR MITIGATION MEASURE 2).
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Community Facilities District:

20. Prior to approval of a final map, the developer shall form or annex to a community facilities district created for the purposes of funding public safety, as authorized by Government Code B53313(a} and (b}. The District shall include all of the property designated on the tentative subdivision map. The form, terms and conditions and the tax rate for the formation of a Mello-Roos district, or in the alternative the annexation of the property to an existing district, shall be as approved by the City Council. District formation shall be at the sole cost of the developer. Alternatively, the developer may request, and the City may approve the use of a special tax authorized by Government Code (353978.

21. This subdivision shall join the Stonecreek Landscape and Lighting District.

Police

22. Street names shall be approved by the Police Department.

23. Streets less than 32 feet curb-to-curb shall have parking prohibited along one side and along the side yards of corner lots with curbs painted red and signs posted.

24. No building or use permit shall be issued for, nor combustible materials stored in, the area south of the westward extension of Cardoza Road, unless the Fire Chief has certified in writing that the area south of the westward extension of Cardoza Road can be adequately provided with fire protective services (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 28).

25. A temporary second access suitable for travel by fire apparatus, and approved by the Fire Chief prior to occupancy of units on lots accessed via Dunkel Street, shall be provided from Stout Avenue, and maintained untit such time as a permanent secondary street access is completed and accepted by the City.

Utilities:

26. Exterior lighting shall conform to that illustrated in the Final Devetopment Plan, or similar to those used in the Stonecreek Villages I or II development, and shalt be consistent with the City's outdoor lighting ordinance. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illun-lination onto adjoining properties and glare into on-coming traffic. Streetlight locations shall be shown on Improvement Plans.

Developer shall utilize decorative streetlights meeting the illumination standards required in the City street light standards, except that cobrahead streetlights shall be used on arterials.

27. Centralized garbage collection locations shall be screened from view with fencing or walls architecturally similar to the main building. 147

28. Prior to approval of a revised Vesting Tentative Tract Map, the Public Service Easement shall be relocated to match the Wall Easement.

29. Where the invert is six feet or greater below finish grade, a minimum clearance offive feet from lip of gutter to the edge of pipe shall be provided for underground utility lines.

30. Final Improvement Plans shall indicate the locations of water line elbows and manholes.
31 Prior to finaling building permits, the 30-inch sanitary sewer and forcemain for the project shall be substantially completed to the satisfaction of the Public Works Director before being accepted by the City. This improvement shall include the 30-inch sanitary sewer from Ortigalita Road to the pump station at Badger Flat Road and the CCID Canal, and the force main from the canal to the 24-inch sewer line on Overland Avenue.
32 The project proponent shall secure appropriate encroachinent permits from the State Department of Transportation (Caltrans)I Merced County, and the City of Los Banos, as applicable, prior to construction of off-site sewer 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 30).

33. Final Improvement Plans shall indicate the locations of sewer line elbows and manholes.

Storm Drainage:
34 The development shall provide storm drainage to the regional basin located north of Pacheco Boulevard, adjacent to, and discharging into, the Central California Irrigation District Main Canal.

35. Prior to approval of any final maps, or approval of any improvement plans for the subdivision, the storm drainage pump station for the detention basin off Badger Flat Road shall be completed and accepted by the City, including the installation of landscaping and irrigation systems.

36. Final Improvement Plans for the storm drainage system shall utilize the T R-55 analysis method.
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Architecture and Physical Design:

37. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.

38. 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.

39. The variation in setbacks, unit placement, and materials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.

40. A minimum of 200 of the single-family houses in Villages Ila and Ill, and a minimum of 216 of the single-family houses in Village IV shall have garages set back of the living areas.
41 The typical architecture and plot plans are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.

42. To protect privacy, building placement that offsets side-facing secondstory bedroom windows at adjacent houses shall be required.

43. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity.

44. All single-family houses shall have accentuated and enlarged porches. or be connected street-ward to a front patio area, and such porches rnay extend forward as indicated in the Final Development Plan. Specifically, models 1658, 18831 and 2000 shall require the addition of a porch or patio.

Physical Amenities, Parks, and Landscaping:

45. Decorative crosswalks, monumentation, and signage as shown in the Stonecreek Area Plan and Final Development Plan shall be provided at the intersections entering the subdivision.

46. Where sound walls are shown on the vesting tentative map, the walls shall be six-foot high decorative masonry walls in earthtone colors.

47. Sound walls shall be constructed within a non-access strip at the rear of private properties.

48. Park Improvement Plans shall be in conformance with the Stonecreek Area Plan and Final Development Plan, including number and type of all indicated park amenities enumerated there-in, and in accordance with the designs shown thereon.
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49. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.

SO Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 2).
51 Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 percent of landscaped areas. Turf varieties shall be chosen for drought tolerance. Irrigation systems set to minimize water uses and spillage onto paved areas. Front yard landscaping shall be installed prior to Certificate of Occupancy.
52 Landscaping along streets (except where fronted by residential, school, or church uses, or active park area) shall utilize all drought tolerant plantings, and shall not include turf. Irrigation systems shall be designed and operated to minimize water use and spillage onto paved areas. 53 The developer shall comply with the current Park Standards, to include all park landscaping and related irrigation systems.
54 The developer shall include the following utilities in the parks: electrical, sewer connections (except for pocket parks), storm drainage, and water service.
55 Except for fees designated as Regional Park and Land Dedication Fees, all fees within this development may be used for park and park/basin development. STANDARD CONDITIONS
General:
56 The Vesting Tentative Tract Map(s), Final Map(s), and Improvement Plan(s) shall be consistent with the Final Development Plan, as conditioned. 57 Approval and life of the Vesting Tentative Tract Map(s) shall be as set forth in the Development Agreement.
58 All development shall be consistent with the Vesting Tentative Tract Map(s), reflecting any amendments added during approval. 59 The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map(s), including the changes set forth in the conditions of approval60 Conditions, Covenants, and Restrictions shall be recorded for each Final Map filed for a Vesting Tentative Tract Map of more than 20 lots, in accordance with General Plan Policy LU 3.3.
61 The Improvement Plan(s) shall be submitted to the City for approval prior to/or concurrent with the application for each final map. 150

62. On-site improvements may be constructed prior to the recording of the Final Map(s) subject to City approval of the Improvement Plan(s) and payment of applicable plan check and inspection fees, and satisfaction of all construction period conditions of approval.

63. The project is subject to the appropriate Development Impact Fees as established by the City, and the approved Development Agreement 64 Private property owners shall be responsible for funding maintenance of sound walls and decorative masonry walls located on private property through the lighting and landscaping district.

65. 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.

66. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.

67. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.

68. 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.

69. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.

70. Improvement Plans shall include mailbox locations, which must be approved by the U.S. Postmaster and the City of Los Banos.

Pre-Construction and Construction:
71 . 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.

72. 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 City Engineer.

73. 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, 151
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 rennoval 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. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
d. Ensure that all exposed soil is provided with tetnporary 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 5 and 19.

74. Two points of all-weather access, at least one paved, shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Chief in areas where residential units are under construction.

75. 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 joint approval of the Public Works Director and the Community Development Director.

76. Subsequent to acceptance of improvements, 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.

77. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction

78. All contractors 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.
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79 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 prn; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

80. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
81 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 16). 82 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 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 writhin 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 acceptab'e to the landowner. (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 18)
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83. 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 (PMI 0) from construction activities. a) 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; or
Where a chemical dust stabilizer or suppressant is utilized, the stabilizer or suppressant shall be applied to effectively limit visible dust emissions; or 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.

Where soil moisture or natural crusting is sufficient to limit visible dust emission, no action is requiredb) All operations shall effectively limit visible dust emissions from on-site unpaved roads and off-site unpaved access roads using one or more of the following stabilization methods. Road stabilization shall be maintained for the duration of the activity. Where soil moisture is sufficient to meet this requirement, no action is required; Traffic speed shall be limited to 15 miles per hour on unpaved surfaces;
c) 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 activity shall be suspended when winds exceed 20 miles per hour;
d) Internal combustion engines shall be maintained in proper operating condition, and idling shall be limited to 10 minutes in duration; e) 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 and equipment leaving the site; 154
f) 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 3).

84. Prior to issuance of a demolition 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 (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 4).

Access and Circulation:

85. 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.

86. All proposed street signage located in the project area must be approved by the Public Works Department and shall meet all line-of-sight requirements.

87. 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.

88. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of alt street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.

89. 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.

90. All streets within private property shall be privately owned and maintained.

91. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
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92. Fire hydrants shall be installed at locations shall be approved during the Improvement Plan stage and shall be installed based upon City standards.

93. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.

94. Each residence shall have 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.

95. 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.

Utilities:

96. Applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project will 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 ltnprovement Plan review stage.

97. In conformance with the Subdivision Map Act, developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.

98. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.

99. 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.

Water:
100. Approved backflow devices shall be installed as required. 101. Domestic water services shall not be placed in driveways. 102. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water impact fee adopted December 20, 2000.

Sewer:
103. 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.
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1 04. 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 Drain.
105. The developer shall comply with the Storm Drainage Master Plan adopted by the City of Los Banos.
106. All development shall comply with the Phase II storm water regulations. 107. 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. A grading permit, may be issued as otherwise approved by the City Engineer.

Parks and Landscaping:
108. A park dedication and improvement fee shall be paid with each building permit subject to reimbursement upon completion of park improvements and parkland dedication.
109. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling.
110. Developer shall comply with the adopted street tree ordinance. 111. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.

Air Quality:
112. Residences shall exceed Title 14 energy requirements. As many energy conserving features as possible should be included in the design and construction of new buildings. Examples include (but are not limited to) increased wall and ceiling insulation (beyond code requirements), energy efficient lighting, high efficiency appliances and solar assisted water heating (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 2). 113. Housing units shall be oriented to maximize passive solar cooling and heating when practicable (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 2).
114. Gas fired appliances shall be low NOX emitting appliances complying with California NOx Emission Rule #1121(STONECREEK AREA PLAN EIR MITIGATION MEASURE 2).
115. Natural gas line and electrical outlets should be included in the backyard or patio areas of residences to encourage the use of gas and/or electric barbecues (STONECREEK AREA PLAN EIR MITIGATION MEASURE 2). 157
116. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment (STONECREEK AREA PLAN EIR MITIGATION MEASURE 2)
117. Only low emitting, EPA approved fireplace inserts and/or wood stoves or natural gas fireplaces shall be installed. No open-hearth fireplaces will be allowed.
118. Developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Unified Air Pollution Control District.
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LOsBanos
At the C,ossroatls of C,difornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 1, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 2
Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 2.

Background:

The Tentative Tract Map No. 2004-00 was approved by the City of Los Banos Community Development Department in 2004 by Resolution No. 4610. In June 2005, a Development Agreement was drafted between Anderson Homes and the City of Los Banos. In this document and in Resolution No. 2005-10 the Vesting Tentative Tract Map No. 2004-00 was also referenced as Vesting Tentative Tract Map No. 2005-05. The agreement was recorded with Merced County on June 28, 2005. An amendment to the 2005 Development Agreement was submitted in May 2015 and recorded with Merced County on July 13, 2015. In May 2021, the Public Works Staff was contacted by the developer, Anderson Homes, for Final Map approval on Final Tract Map No. 2005-05 Southbrook at Stonecreek at Los Banos, The Villages IV, Phase 28 Unit 2, and accompanying Subdivision Improvement Agreement. In October 2020, the developer contacted Public Works for the approval of Improvement Plans for Southbrook at Stonecreek The Villages IV, Phase 28. The Improvement Plans were reviewed and approved by the City's Consulting 159
Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion, the site was inspected and deemed substantially complete by the City. The Landscape Plans were submitted to the Public Works Department for Southbrook at Stonecreek The Villages IV, Phase 28 for review and were approved in July 2021. In April 2022, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 2.

Discussion:

9.78± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2004-00 also known as Vesting Tentative Tract Map No. 2005-05 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.

Fiscal Impact:

All public improvements for Southbrook at Stonecreek The Villages IV, Phase 28 Unit 2 have been completed by the Developer. A Maintenance Bond in the amount of $34,569.20 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

I
Attach'fuents:

Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
,'.")
Sonya
d~Wills~ , ~ Finance Director
160
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHBROOK AT
STONECREEK THE VILLAGES IV, PHASE 2B UNIT

2. WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southbrook at Stonecreek the Villages IV, Phase 28 Unit 2 that Public Improvements, for Southbrook at Stonecreek the Villages IV, Phase 28 Unit 2 be accepted by the City of Los Banos; and,
WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Public Improvements for Southbrook at Stonecreek the Villages IV, Phase 28 Unit 2 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June, 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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SOUTHBROOK-A! STONECREEK
THE VILLAGES IV-PHASE 2B UNIT 2
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NOTES.
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I
TRACT NO. 2005-05

SOUTHBROOK ATSTONECREEK
THE VlLlAGES IV~PHASE2B UNIT 2
BEIOO ARESUBOIVISION OF LOT A OFTRACT NO. 200$05;
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RAfilGE 10 EAST, MOUNT OIABLO BASE & MERIDIAN
CITYOFLOS BANOS, MERCED COUNrY, CALIFORNIA JUNE 20U
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THE VILLAGES IV-PHASE 2B UNIT 2
BEING A RESUBOJ\11$101'1 OF'LOT AOFTIIACT NO. 2005-05,
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BOOK~ OF MAPS, PAGE !L_ SHEET 4 OF 4
,..
168
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

LucilJe L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635
Flied in Official Records,

MERCED COUNTY
Doc#( 2021039i87
0910112021 10:29 AM
S ace above this line for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
lHISAGR.EEMENTmadethis ll~ day of 0:IJ~f>t , 2021, between ANDERSON HOMES, a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2005-05, Southbrook at Stonecreek The Village IV, Phase 2B, Unit 2, comprised of 38 single family residential lots on approximately 9.78± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the instaJlation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, Subdivision Improvement Agreement FM#2005-05
STONECREEK llIE VILLAGE IV PHASF. 2B, UNJT 2
169
within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. {Ql.\00 to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2004-00 also known as Vesting Tentative Tract Map 2005-05.

NOW, 1HEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of September 2023, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the foUowing described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to•wit; IMPROVEMENTS FOR PHASE 28, UNIT 2:
l. SITE PREPARATION

2. WATER

3.SEWER

4. STORM DRAIN

5.CONCRETE

6.PAVEMENT

7. ELECTROLIERS

8. MISCELLANEOUS
TOTAL
$
$
$
$
$
$
$
$
$
22,200.00
44,820.00
40,857.00
42,190.00
95,795.00
79,980.00
15,000.00
4,850.00
345,692.00

2. The DE VET .OPER(S) shall furnish bonding or other fonns of security for the estimated cost of the ----- - Subdivision Improvement Agreement 2 FM #2005-05 STONECREEK THE VILLAGE IV PHASE 28, UNIT 2
170
remaining improvements, agreed to by the CITY for Performance at 100%, $345,692.00 and Labor and Materials at 50%, $172,846.00 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $34,569.20 In addition, the DEVELOPER(S) shall provide a bond or other fonn of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of $653,899.25
(Estimate includes Phase 2B, Units 1 & 2)
Less: Deposit for Plan Check (Rec#0 1530787)
Less: Payment (Rec#Ol560208)

SUB-TOTAL

FINAL MAP REVIEW
Charges for Phase 2B, Unit 2
Less: Deposit for Map Review(Rec#01598736)

SUB-TOTAL
$
$
$
$
$
32,694.96
(19,209.63)
(13,485.33)
2,000.00
(2,000.00)
TOTAL
$ 0.00
$ 0.00
$ 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $345,692.00 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2004-00 also known as Vesting Tentative Tract Map 2005-05. All public improvements and utilities must be installed prior to occupancy of units.

6. Tn the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or _replace such destroyed or damaged improvements Subdivision lmprovem.ent Agreement 3 FM #2005-05
STONECREEK THE VILLAGE JV PHASE 2B, UNIT 2
171
at their cost whenever such damage shall occur.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
1 O. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be perfonned under this AGREElvfENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY.

Subdivision Improvement Agreement 4 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 2
172
The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and perfomting the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELO:PER(S) or to any other person; firm, or corporation whatsoever, for any injuzy or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

Subdivision Improvement Agreement 5 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 2
173
Reinspection of corrected work shaU be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shalJ be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

16. DEVELOPER(S) shaU provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Coun.cil, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all Jiens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

Subdivision Improvement Agreement 6 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 2
174

20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11 ° map of the Final Map of this development prior to issuance of permits.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of aH required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above wilJ be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2004-00 also known as Vesting Tentative Tract Map 2005-05, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

Subdivision Improvement Agreement 7 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 2
175

IN W.ITNJi:SS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:
~ 1.. /Ao. 0 I. ro_ f:Fa
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement
ANDERSON HO:MES
A California Corporation
-:::::::1, fA_JMichael Anderson

CITY OF LOS BANOS
A Municipal Corporation
~-- ~ .... ,-;;t;F ~~ ~ Faria TU, Mayor
Mayor

PARTIESOFTIIESECONDPART
8 FM #2005-05
STONECREEK THE VILLAGE IV PHASE 2B, UNIT 2
176
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
~~-~·-1000008otlP8l -~
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document I to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Sa a I\eY'.)\:\t) }
On ~)\y 2i, 202, before me, Rea1nt4 O'.\ tA/.aldtoo, Dtd:c.oL A,bhr.. . l Date . ~ Here Insert Name and Title of the Offlcer personally appeared __ __._,__.._\'-'CY\ =:.....:.=-1-'-\J'-.-1.1,~..a.--....,.-+-------- ------- Nome(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. • ~ .• REGINA M. WALDRON I
:r Notary Public • California ~ } . Sao Benilo County f ,. Commission# 2233614 - " • My Comm, E~pires Apr 7, 2022
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp Above
--------------~ OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment ofthfs form to an unintended document.

Description of Attached Document
Title or Type of Document s ,nd,vr,fO() :rropcQJ'emov·+ Asee-coen± DocumentDate: _ ________ ____ . Number ofPages: ___ _ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Slgner(s)
Signer's Name: _ ___________ Signer's Name: ___________ _ a Corporate Officer - Tltle(s): □ Corporate Officer - Title(s): ______ _ a Partner - □ Limited o General □ Partner - □ Limited □ General o Individual Cl Attorney In Fact □ Individual a Attorney In Fact □ Trustee □ Guardian or ConseNator □ Trustee □ Guardian or Conservator □ Other: □ Other:

Signer is Representing: Signer Is Representing:
.. IHt'IIIJtlllOO.Uo.o#llfJ!IIJC.~~'C~lil}Jffftft~~~ii!~~~W/t!/b/l:fJ,l!~~,:,i:.!t:1~•ii~;Hlh'l:HOft@ ©2019 National Notary Association
177

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
validitv of that document
State of California M d
County of erce
on August 24, 2021 before me, Sara Blevins, Notary Public {insert name and title of the officer)
personally appeared Manuel Thomas Faria III .. .. . . .. , who proved to me on the basis of satisfactory evidence to be the person(s) wtio.se name(s) is/~ subscribed to the within instrument and acknowledged !9 me tjlat he/~ executed the same in hisfl)ef1tbefr authorized capacity(ies), and that by his/)r6r/tbetrslgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY 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 ~ "'"''--", • > C (Seal)
178
Exhibit A
..,DELL OPINION OF PROBABLE COST ENGlNEE-RlNG
Project name: The Villages At Stonecreek IV, Phase 28 LOS BANOS, CA Unit 2 (38 Lots)
Project progress stage: Approved Plans 7/14/2021
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING LS 1 $5,000.00 $5,000.00
2 SITE GRADING CY 4,900 $3.00 $14,700.00
3 EROSION CONTROL LS 1 $2,500.00 $2,500.00
SUB-TOTAL $22,200.00
B.WATER
1 8"WATER LF 1,120 $16.00 $17,920.00
2 8" WATER VALVE EA 4 $1,000.00 $4,000.00
3 HYDRANT, BURY & GATE VALVE EA 5 $2,000.00 $10,000.00
4 CONNECT TO EX. WATER EA 1 $1,500.00 $1,500.00
5 HOUSE SERVICE INCLUDING METER BOX EA 38 $300.00 $11,400.00 SUB-TOTAL $44,820.00
C. SANITARY SEWER
1 8" SEWER MAIN LF 889 $19.00 $16,891.00
2 12" SEWER MAIN LF 203 $22.00 $4,466.00
3 STD. SEWER MANHOLE EA 4 $2,000.00 $8,000.00
4 4" STD. LATERAL EA 38 $250.00 $9,500.00
5 CONNECT TO EX. SEWER EA 1 $2,000.00 $2,000.00
SUB-TOTAL $40,857.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 220 $18.00 $3,960.00
2 15" STORM DRAIN LF 630 $21.00 $13,230.00
3 24" STORM DRAIN LF 210 $30.00 $6,300.00
4 STD. MANHOLE EA 4 $2,000.00 $8,000.00
5 CATCH BASIN EA 6 $1,450.00 $8,700.00
6 CONNECT TO EX. STORM DRAIN EA 1 $2,000.00 $21000.00
SUB-TOTAL $42,190.00
E. CONCRETE
1 6" VERTICAL CURB & GUTTER LF 2,265 $13.00 $29,445.00
(INCL. RETURNS & DRIVEWAYS)
2 ROLLED CURB & GUTTER LF 360 $14.00 $5,040.00
3 SIDEWALK (INCL. RAMPS, RETURNS & DRIVEWAYS) SF 19,370 $3.00 $58,110.00 4 WHEELCHAIR RAMP (LABOR ONLY) EA 4 $800.00 $3,200.00
SUB-TOTAL $95,795.00
F. PAVING
1 2.5" A.C. OVER 11" A.B. (INTERIOR) SF 43,200 $1.85 $79,920.00 2 SAWCUT LF 30 $2.00 $60.00
SUB-TOTAL $79,980.00
G. ELECTROLIERS
1 ELECTROLIERS EA 6 $2,500.00 $15,000.00
SUB-TOTAL $15,000.00
H. MISCELLANEOUS
1 R-1 STOP SIGN AND STREET NAME SIGN W/ LEGEND EA 3 $350.00 $1,050.00 2 STRIPING LS 1 $500.00 $500.00
3 MONUMENT WELLS EA 10 $300.00 $3,000.00
4 STREET NAME SIGN EA 1 $300.00 $300.00
SUB-TOTAL $4,850.00
Construction Total $345,692.00
10% CONSTRUCTION $34,569.20
GRAND TOTAL $380,261.20
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 179
Notes:

1. This estimate does not include surveying, engineering, landscaping, street trees, joint trench, or irrigation.

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. Items not included as part of this estimate.

A. Good Neighbor Fencing
B. Permits
C. Utility Fees
D. City Fees, bond fees
E. Engineering/design fees
F. Soils enqineerinq cost
G. Power Pole Relocation
H. Construction Surveying
I. Landscaping Fees

6. This estimate is not intented for bidding purposes
J. Easement acquisitions
K. Retaining Walls
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal
0 . Mail Boxes
P. Existing Irrigation Facility Demolition
Q.Walls
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 180

EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2005-05:

PROJECT-SPECIFIC CONDITIONS
General
1 The applicant shall submit a revised Vesting Tentative Tract Map to the Planning Division within 30 days from City Council approval; reflecting any modifications or additions identified within the staff report and conditions of approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community Development Director and signed by the Community Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map. 2 Development of properties shall be subject to the Master Building Permit Allocation Plan, identified in the Pre-Annexation Development Agreement and the Development Agreement.
3 A notice shall be recorded on deeds for alf lots within 500 feet of the high pressure gas line, notifying property owners of the presence of the gas Pre-Construction and Construction
4 Prior to issuance of 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 City of Los Banos Planning Division:
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 owls relocation to nearby lands possessing available nesting and 181
foraging habitat (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 10)

6. 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 Division and the Department of Fish and Game. The surveys shall be conducted according to the recomnnended 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 onequarter 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 1 . 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 182
the full costs of the effort, including any telemetry work specified by the Oepartment.(STONE-CREEK EIR MITIGATION MEASURE 11)

10. 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 183
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 Planning Division.

12. Final Improvement Plans shall show the location and size of desilting basins.

Access and Circulation:
14- Badger Flat Road and Cardoza Road shall be designated as Cfass Ill bike routes. (STONECREEK AREA PLAN EIR MITIGATION MEASURE 29} 15- Prior to approval of the Final Improvement Plan(s), all curb return radii less than 40 feet shall be reviewed for adequacy for turning movements of moving vans and other large vehicles, and adjusted accordingly. 16- Where sideyards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewafk and the fence. This may be accomplished by changing the separated sidewalk to an attached sidewalk in those locations.

17. Pathways through the three pocket parks shall be constructed to Class I bike path standards with curb cuts at streets.

18. Other than park or school access, no driveway access shall be allowed from Ortigalita Road, Pioneer Road, Cardoza Road, or Badger Flat Road.

20. Prior to approval of a final map, the developer shall form or annex to a community facilities district created for the purposes of funding public safety, as authorized by Government Code B53313(a) and (b). The District shall include all of the property designated on the tentative subdivision map. The form, terms and conditions and the tax rate for the formation of a Mello-Roos district, or in the alternative the annexation of the property to an existing district, shall be as approved by the City Council. District formation shall be at the sole cost of the developer. Alternatively, the developer may request, and the City may approve the use of a special tax authorized by Government Code (353978.

21. This subdivision shall join the Stonecreek Landscape and Lighting District.

Police

22. Street names shall be approved by the Police Department.

23. Streets less than 32 feet curb-to-curb shall have parking prohibited along one side and along the side yards of corner lots with curbs painted red and signs posted.

Utilities:

Developer shall utilize decorative streetlights meeting the illumination standards required in the City street light standards, except that cobrahead streetlights shall be used on arterials.

27. Centralized garbage collection locations shall be screened from view with fencing or walls architecturally similar to the main building. 185

28. Prior to approval of a revised Vesting Tentative Tract Map, the Public Service Easement shall be relocated to match the Wall Easement.

29. 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.

30. Final Improvement Plans shall indicate the locations of water line elbows and manholes.

Sewer:
31 Prior to finaling building permits, the 30-inch sanitary sewer and forcemain for the project shall be substantially completed to the satisfaction of the Public Works Director before being accepted by the City. This improvement shall include the 30-inch sanitary sewer from Ortigalita Road to the pump station at Badger Flat Road and the CCID Canal, and the force main from the canal to the 24-inch sewer line on Overland Avenue.
32 The project proponent shall secure appropriate encroachinent permits from the State Department of Transportation (Caltrans)I Merced County, and the City of Los Banos, as applicable, prior to construction of off-site sewer 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 30}.

33. Final Improvement Plans shall indicate the locations of sewer line elbows and manholes.

36. Final Improvement Plans for the storm drainage system shall utilize the T R-55 analysis method.
186
Architecture and Physical Design:.

37. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.

39. The variation in setbacks, unit placement, and materials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.

42. To protect privacy, building placement that offsets side-facing secondstory bedroom windows at adjacent houses shall be required.

43. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity.

Physical Amenities, Parks, and Landscaping:

45. Decorative crosswalks, monumentation, and signage as shown in the Stonecreek Area Plan and Final Development Plan shall be provided at the intersections entering the subdivision.

46. Where sound walls are shown on the vesting tentative map, the walls shall be six-foot high decorative masonry walls in earthtone colors.

47. Sound walls shall be constructed within a non-access strip at the rear of private properties.

49. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.
50 Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 2).
51 Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 percent of landscaped areas. Turf varieties shall be chosen for drought tolerance. Irrigation systems set to minimize water uses and spillage onto paved areas. Front yard landscaping shall be installed prior to Certificate of Occupancy.
52 Landscaping along streets (except where fronted by residential, school, or church uses, or active park area} shall utilize all drought tolerant plantings, and shall not include turf. Irrigation systems shall be designed and operated to minimize water use and spillage onto paved areas. 53 The developer shall comply with the current Park Standards, to include all park landscaping and related irrigation systems.
54 The developer shall include the following utilities in the parks: electrical, sewer connections (except for pocket parks), storm drainage, and water service.
55 Except for fees designated as Regional Park and Land Dedication Fees, all fees within this development may be used for park and park/basin development. STANDARD CONDITIONS
General:
56 The Vesting Tentative Tract Map(s), Final Map(s), and Improvement Plan(s) shall be consistent with the Final Development Plan, as conditioned. 57 Approval and life of the Vesting Tentative Tract Map(s) shall be as set forth in the Development Agreement.
58 All development shall be consistent with the Vesting Tentative Tract Map(s}, reflecting any amendments added during approval. 59 The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map(s), including the changes set forth in the conditions of approval60 Conditions, Covenants, and Restrictions shall be recorded for each Final Map filed for a Vesting Tentative Tract Map of more than 20 lots, in accordance with General Plan Policy LU 3.3.
61 The Improvement Plan(s} shall be submitted to the City for approval prior to/or concurrent with the application for each final map. 188

66. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.

67. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.

68. 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.

69. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.

70. Improvement Plans shall include mailbox locations, which must be approved by the U.S. Postmaster and the City of Los Banos.

Pre-Construction and Construction:

71. 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.

73. 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, 189
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 rennoval 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. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
d. Ensure that all exposed soil is provided with tetnporary 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 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 5 and 19.

77. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction

78. All contractors 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.
190
79 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 prn; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

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 {STONECREEK AREA PLAN EIR MITIGATION MEASURE 16). 82 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 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 writhin 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 acceptab'e to the landowner. {STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 18)
191

Removal activities must comply with local requirements and procedures.

Wheel washers shall be used for trucks and equipment leaving the site; 192
f) 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 {STONECREEK AREA PLAN EIR MITIGATION MEASURE 3).

Access and Circulation:

86. All proposed street signage located in the project area must be approved by the Public Works Department and shall meet all line-of-sight requirements.

87. 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.

89. 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.

90. All streets within private property shall be privately owned and maintained.

91. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
193

92. Fire hydrants shall be installed at locations shall be approved during the Improvement Plan stage and shall be installed based upon City standards.

93. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.

94. Each residence shall have 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.

95. 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.

Utilities:

98. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.

Sewer:
103. 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.
194
1 04. 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.

Air Quality:
112. Residences shall exceed Title 14 energy requirements. As many energy conserving features as possible should be included in the design and construction of new buildings. Examples include (but are not limited to) increased wall and ceiling insulation (beyond code requirements), energy efficient lighting, high efficiency appliances and solar assisted water heating (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 2). 113. Housing units shall be oriented to maximize passive solar cooling and heating when practicable (STONE-CREEK AREA PLAN EIR MITIGATION MEASURE 2).
114. Gas fired appliances shall be low NOX emitting appliances complying with California NOx Emission Rule #1121 (STONECREEK AREA PLAN EIR MITIGATION MEASURE 2).
115. Natural gas line and electrical outlets should be included in the backyard or patio areas of residences to encourage the use of gas and/or electric barbecues (STONECREEK AREA PLAN EIR MITIGATION MEASURE 2). 195
116. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment {STONECREEK AREA PLAN EIR MITIGATION MEASURE 2)
117. Only low emitting, EPA approved fireplace inserts and/or wood stoves or natural gas fireplaces shall be installed. No open-hearth fireplaces will be allowed.
118. Developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Unified Air Pollution Control District.
196
T Cityof B 'LOS anos
At 1l1 C, 1 ·s,oa<ls of Californi,1
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E. Public Works Director/City Engineer DATE: June 1, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Adopting a revised budget for the Fiscal Year 2021-2022 as it pertains to expenditures for Professional Services for Engineering
Recommendation:

That the City Council adopts the Resolution to amend the budget for the 2021-2022 Fiscal Year by increasing expenditures for Professional Services for Engineering in the amount of $156,500.

Background:

The City Council may amend the budget by resolution, adjusting the overall appropriation levels in each fund at any time during the fiscal year if funds are available.

Currently, the General Fund Engineering account line item, 100-426-100-231, provides funding for on-call engineering services as it relates to development plan check and inspection. This ranges from lot lines adjustments to final maps review, and from minor encroachment permits to subdivision improvements review. All scopes under this funding are on a cost recovery basis and revenue are generated through various development fees.

To-date, The City Council approved appropriations for the 2021-2022 Fiscal Year Budget for Professional Services for Engineering for a total expenditure of $170,900.00.

Discussion:

For Fiscal Year 2021-2022, there is an increase in development activities within the City. The current development fees received from the various developments are $384,986.49. Staff is expected to collect an additional $30,000 prior to the end of fiscal year, which would bring the total revenue to $414,986.49. The budgeted revenue was estimated at $300,000.

To cover the additional expenditure in support of these development activities, a budget amendment in the amount of $156,500 is required. This will bring the total expenditure for the Professional Services to $327,400.00
197
Fiscal Impact:

The impact to the Professional Services Engineering fund is on a cost recovery basis and an amendment of $156,500 to account 100-426-100-231 is required. There is sufficient fund to account for this increase in expenditure Reviewed by:

Attachments:

Resolution
198
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AMENDING THE
FISCAL YEAR 2021-2022 BUDGET BY

INCREASING APPROPRIATIONS IN THE

GENERAL FUND FOR PROFESSIONAL

SERVICES FOR ENGINEERING IN THE
AMOUNT OF $156,500.

WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2021-2022 Fiscal Year Budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Professional Services for engineering plan check and inspection are required for various development projects; and WHEREAS, the proposed amendment to the 2021-2022 Fiscal Year Budget would increase expenditure by $156,500 to the Engineering General Fund account 100- 426-100-231 .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2021-2022 Budget by increasing appropriations in General Fund Expenditures in the amount of $156,500.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June 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
199

THIS PAGE IS INTENTIONALLY LEFT BLANK
200
TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor & City Council Members
Justin Melden, Police Commander-1"
June 1, 2022
SUBJECT: Ordinance Adopting a Military Use Policy Per AB 481 TYPE OF REPORT: Public Hearing
Recommendation:

That the City Council waive the second reading and adopt 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
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 201
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 202
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:

Attachments:

Military Equipment Use Ordinance
AB-481 Full Text
Draft Lexipol Policy 706
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ORDINANCE NO. 1196

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
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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 ORDAi N 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, 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.
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(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:
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(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 6 210
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. 7 211
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
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Policy Los Banos Police Department
706 Los Banos PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
jstate!
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.

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Military Equipment
706.2 POLICY
I State I
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 I
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 I MODIFIED J
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here] See LBPD Military Equimpent inventory list 706.5 APPROVAL
I State I
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.

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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
IState!
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
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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
I State I
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
Los Banos PD Policy Manual
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 U AS 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. guantitv, 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:

1. 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 Rl 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.
111. 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.
111. 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, guantitv, capabilities. and purchase cost:

System that uses high pressure air to deliver Pelargonic Acid Vanillylamide (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

1. 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:
i. Self-destructive, dangerous and/or combative individuals.

11. Riot/Crowd control and civil unrest indecent
111. 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 Pepper Ball 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. 221

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

11. Riot/crowd control and civil unrest incidents.
m. Circumstances where a tactical advantage can be obtained. 1v. 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.
222

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 7 5 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 oflethal 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

1. 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.
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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 225
AB-481 Law enforcement and state agencies: military
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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 oflocal 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.

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. 226
AB-481 Law enforcement and state agencies: military
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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 body that 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. 227
AB-481 Law enforcement and state agencies: military
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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 .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 ofless 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) "Flash bang" 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 228
AB-481 Law enforcement and state agencies: military
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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 549 50) 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 229
AB-481 Law enforcement and state agencies: military
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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) In seeking the approval of the governing body pursuant to subdivision (a), 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.
(c) 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 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. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) 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. (D) 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.
(2) 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) (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 (2), 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 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. (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 ( d), 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 ( a) 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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AB-481 Law enforcement and state agencies: military
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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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AB-481 Law enforcement and state agencies: military
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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 of any 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 232
AB-481 Law enforcement and state agencies: military
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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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CI1Y 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 6:00p.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://Josbanos.org/cityggvemmcnt/d~artments/nolice/ab-481/; or by downloading the agenda packet for the City Council meeting posted on the City's website at httns://www.ci11.oflosbanos.org and reviewing the documents within the agenda packet.

AU 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.

TIIE CITY OF LOS BANOS

GARY BRIZZEE,

CHIEF OF POLICE
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TO:

FROM:

DATE:

City of Los Banos
At t:he Crossroads of Calt~1rtri,a "' ... ,
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director 'f:2- June 1, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: 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. Waive the second reading and adopt Ordinance No. 1197 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 May 18, 2022, the Los Banos City Council held a public hearing and approved Final Development Plan #2021-01 for Quail Meadows at Stonecreek V and waived the first reading and introduced Ordinance No. 1197 for a Development Agreement between the City of Los Banos and Anderson Homes, Inc.

Discussion:

The applicant is seeking approval of a Development Agreement between Anderson Homes and the City of Los Banos setting forth terms for development of approximately

70.5 acres into 271 single-family detached residential lots. 1 237
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.

LAND USE:

The project site is currently used for agricultural purposes.

Property
Project Site
North
East
South
Land Use
Undeveloped/Agriculture
Undeveloped/Agriculture
Undeveloped/ Agriculture
Undeveloped/Agriculture
West Undeveloped/Residential
R-1 = Low Density Residential
PO = Professional Office
ENVIRONMENTAL ASSESSMENT:

Zone
PD/R-1

PD/PO/C-N
PD/R-1
PD/R-1
General Plan
Low Density Residential
Low Density Commercial
Low Density Residential
Civic/Institutional
PD/R-1 Low Density Residential
PD = Planned Development
C-N = Neighborhood Commercial
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 StonecreekArea 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 2 238
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 VI I 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.

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.

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 3 239
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. 4 240
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, sign age, 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. taff repo , no written comments have been received.

I
A ments:

1. Ordinance No. 1197
Exhibit A: Development Agreement

2. Public Hearing Notice - May 6, 2022
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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 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 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 ofStonecreek 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. 243
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 Impact 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 2021-17 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; 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.
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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 VTIM #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 245
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 Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
246

EXHIBIT A
Development Agreement
[to be inserted by Sta.ff]
247

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248

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 ST AMPED" SEQUENTIALLY IN THE LOWER RIGHT HAND CORNER. 249

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250

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 251
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 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. 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 252
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. 253
(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.
(j) 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 254
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.
255
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 256
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 Citv). 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 City). 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 257
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 of legal 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 258
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.
(t) 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. 259
(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. Availability 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 of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines, policies 260
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;
(f) 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 261
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. 262
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 263
any term or provision of this 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 of legal 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 (30) 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 non264 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/Entity; 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, 265
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 applicable to 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 266
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 prov1s1ons 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 267
these purposes.

Section 5.13. Partial Invaliditv. 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. Authority. 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 ifthere 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 268
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 ofrecord 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 - --- - - - - - -
269
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
270

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]
271

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]
272
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 lA:

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.
273
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,

LEAVING 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, CONCA VE 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:
274
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 1)
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
275

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276
EXHIBIT "B"

SITE MAP
277

THIS PAGE IS INTENTIONALLY LEFT BLANK
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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 281
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 ofVTIM 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 282
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/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 eastern boundary of the future fire station property. 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.
283

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284
EXHIBIT "C-1"

DEPICTION OF BADGER FLAT LOOP ROAD/PIONEER CONNECTOR ROAD 285

THIS PAGE IS INTENTIONALLY LEFT BLANK
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EXHIBIT "C-2"

OPINION OF PROBABLE COST
291

THIS PAGE IS INTENTIONALLY LEFT BLANK
292
,..DELL OPINION OF PROBABLE COST -ENG1N-E-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 $5,000.00
SUB-TOTAL $73,766.65

8. 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 1500.00
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 $2,000.00 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 $21000.00
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 $31200.00
SUB-TOTAL $138,280.00
F. PAVING
1 5" AC OVER 17" AB SF 99,828 $4.50 $4491226.00
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 I PROBABLE COST
Modesto Office: 1165 Scenic Drive, Suite B Modesto, CA I www.odellengineering.com O'Dell Engineering 293
H. MISCELLANEOUS
1 LANDSCAPING & IRRIGATION SF 36,390 $7.00 $254,730.00
2 STREET NAME SIGN EA 2 $300.00 $600.00
3 STRIPING LS 1 $6,000.00 $6,000.00
4 MONUMENT WELLS EA 5 $300.00 ___ ___,_$..;.. 1,c;;_ so.;;._;o:;.;_.o:;..:oc__ SUB-TOTAL $262,830.00
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
Notes:

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

8. 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 294
EXHIBIT ••D"
VTTM 2021-01 AND CONDITIONS OF APPROVAL
295

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296

EXHIBITC
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.
6 297

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 .
7 298

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.

Los Banos City CouncilJune 1, 2022

Los Banos City Council
June 1, 2022