LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JUNE 15, 2022 - 6:00 PM
lfv~ sfr!!8ffl on YouTube at.,
https://www.youtube.com/channel/UC3sy5 sIYr3447mZsrqI5Tg If you require special assistance to attend
City Clerk's Office @ (209) 827-7000
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 por favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ··········-······························ .. ······················ .. -·-····--······--············································ ······························· ·························--················· ···························--······················· .. ··················· .............................................................................................................................................................. .. .............................................................................................. ..
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted !,,:, on the City's website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayoria def Ayuntamiento respecto a cua/quier articu/o en este orden de/ dia sera hecho disponible para la inspecci6n publica en la reunion yen 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 15, 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 15, 2022 Page 1 of 5 1 4. CONSIDERATION OF APPROVAL OF AGENDA.
5. PRESENTATIONS.
A. Proclamation Recognizing the 75th Anniversary of Society for Disabilities.
B. Certificate of Recognition - Ivan Mendez, Police Sergeant, City of Los Banos Employee of the Month for May 2022.
C. Certificate of Recognition - Gilbert Sanchez, Public Safety Custodian, 2021 Los Banos Police Department Support Staff Employee of the Year.
D. Certificate of Recognition - Elizabeth Martinez, Public Safety Dispatcher, 2021 Los Banos Police Department Public Safety Dispatcher of the Year.
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 #232902 - #233326 in the Amount of $901,199.05.
Recommendation: Approve the check register as submitted.
8. Minutes for the June 1, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6512 - 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. 6513 - Authorizing the City Manager to Charge Flat Rate for Late Penalties for Delinquent Water, Wastewater, and Solid Waste Services through December 31, 2022.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6514 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 8 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - June 15, 2022 Page 2of5 2 F. City Council Resolution No. 6515 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 9 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6516 - Amending the Fiscal Year 2021-2022 Budget as it Pertains to Increasing Expenditures in the Fleet Fund for Gasoline and Oil in the Amount of $25,000.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6517 - Amending the Fiscal Year 2021-2022 Budget and Approving the Increase in Expenditures of the American Rescue Plan Act (ARPA) Funding in the Amount of $14,000 to Support the Purchase and Installation of a Fire Station Radio Tone Splitting System.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of the Appropriation Limitation for the 2022-2023 Fiscal Year (FY). 1) City Council Resolution No. 6518 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2022-2023 FY.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, select population and inflation option, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Comment and Consideration of the 2022- 2023 Fiscal Year (FY) Budget.
1) City Council Resolution No. 6519 -Adopting the 2022-2023 FY Budget, Including Employee Salary Schedule (Division 4) of the Los Banos Policy & Procedures Manual and the Capital Improvement Plan Summary.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing and adopt the resolution as submitted.
C. Public Hearing - To Receive Public Comment and Consideration of a General Plan Amendment 2020-02, Zone Change #2020-02, and Mitigated Negative Declaration (SCH #2021090191) for the Development of Two (2) Multi-Family Structures Totaling 18,136 Square Feet with Sixteen (16) Residential Units Located at 1133 F Street, More Specifically Identified as Assessor's Parcel Numbers 025-152-005 (Stonefield Home, Inc.).
Los Banos City Council Agenda - June 15, 2022 Page 3of5 3 1) City Council Resolution No. 6520 - Approving Mitigated Negative Declaration (SCH#2021090191) and Mitigation Monitoring/Reporting Plan for F Street Multi-Family Project Located at 1133 F Street, More Specifically Identified as Assessor's Parcel Number 025-152-005. 2) City Council Resolution No. 6521 - Approving General Plan Amendment #2020-02 to Redesignate Approximately 0.9 Acres Located at 1133 F Street, More Specifically Identified as Assessor's Parcel Number 025- 152-005 from Industrial to High Density Residential.
3) Ordinance No. 1198 - Amending the Official Zoning Map by Rezoning Property Located at 1133 F Street on Assessor's Parcel Number 025- 152-005 From General Commercial (C-1) to High Density Residential (R-3).
Recommendation: Receive staff report, open the public hearing, receive public comment, motion of intent to adopt the resolutions, waive the first reading and introduce the ordinance as submitted.
9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6522 - DECLARING THE EXISTENCE OF LEVEL 2 WATER SUPPLY SHORTAGE CONDITIONS.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. COUNCIL MEMBER REQUEST - DISCUSSION REGARDING HOMELESS ENCAMPMENT (COUNCIL MEMBER LEWIS).
Recommendation: Informational item only, no action to be taken.
11. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. 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.
14. CITY COUNCIL MEMBER REPORTS.
A. Refugio Llamas
8. Brett Jones
C. Kenneth Lambert
D. Deborah Lewis
Los Banos City Council Agenda - June 15, 2022 Page 4 of5 4 E. Mayor Tom Faria
15. CLOSED SESSION.
A. Public Employee Discipline/Dismissal/Release, Pursuant to Government Code Section 54957(b).
16. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing enda was po~ ~•II bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 9th day of June 2022 Los Banos City Council Agenda - June 15, 2022 Page 5of5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOsBanos
At the Crossroads of California
PROCLUf&TION
RBCOGNIZING 'fl1.B 7ST11 ANNIVERSARY OF
SOClEff :rOR DlSABlUTIES
WIIE:REA~ for 75 years~ the Society for disABILJTJES has been dedicated to enhancing the quality of life and self-sufficiency for people with disab1118iJies i~ StanisDau:s.
County and beyond; and
WBEREA~ Society for disABJLUJES operates the largest Loan Closet in owr area,, loaning adQptive,. mobility and medicai e~i_pment to those in need; tm,d WHEREAS. Society for disABJJ.,lfIES also offers recreational p:ragfa,ms, fo,r people with disabilities in.duding winter skiing~ water skiing> bike camps,, Day on the Farrm,., bowltng, and soon ~ golfing and socce·lf. Sign language classes are aUs@ o:ffe:1fed,~ and WHERBA~ Society for disABJLffJES is an independent non-profit entity w'ftwFe funding comes sole'lyfromprivate 1ff!!So1:,1rrces., Without the support/mm the c@rttffflVtni:ty~ the important work done by the Society would he impossible; WHEREAS,, the So,ciety for disABlLlllES is proud to say th@t fo.1'1' 15 yeattrs> the organization has provided Sefl!)lces @nd programs that are essential to go.ad health,, independence and the well-being oj its clients~ their caregivers and their f@m:ities ..
NOW, TH.ERB~ &B ff PROC£MMED, that the Mayor and ~ty Council Members of the City qf Los Banos do hfllrfJby congratulate the Society Jo,r disABJUTJES on its 75th Anniversary and thank them for the unique services and r.eseJu1rces they prQ;vidfe to very special and vulnerable populations in our communities. ln w.itness whereof, I have hereu:nto set my hand
and caused to be affixed the seal @f the City of
Los Banos, this 15th day of June 2022.
APPROVED:
Manuel Thomas F@rl@ 111,, M@yor
ATTEST:
Lucille L. Mallonee, City Clerk
7 CERTIFICATE OF RECOGN1110N
Presented (]'o
IVAN MENDEZ
Sergeant - Los Banos Police Department
In recognition of your outstandtng performance
and dedtcated service to the City of Los (}3anos and
for 6eing named "P,mpfoyee of the :Month "for :May 2022. :.M.anue[<Tfiomas Paria III, :.M.ayor
(J)atea: June 15, 2022
LOsBanos
At the Crossma,l~ of California
8 CERTIFICATE OF RECOGNITION
Presented 'To
GILBERT SANCHEZ
Public Safety Custodian - Los Banos Police Department
In recognition of your outstanding peiformance
ana aedicatea service to the City of Los (J3anos
and for 6eing named as the "2021 Support Staff <Empfoyee of the %ar" 6y the Los (J3anos Pofice <Department.
:Manue{'Inomas Paria III, :Mayor
(l)ate<f: June 15, 2022
LOsBanos
Ai tlie Crosswatls of Califimiia
9 CERTIFICATE OF RECOGNITION
(Presented <To
ELIZABETH MARTINEZ
Public Safety Dispatcher - Los Banos Police Department
In recognition of your outstanding performance
ancf cfecficatecf service to tlie City of Los (}Janos
ancf for 6eing namecf as tfie "2021 <Pu6uc Safety <Dispatcher of tfie <Year" 6y tlie Los (}Janos <.Po{ice <Department.
911.anue[fJnomas Paria III, 911.ayor
(J)atea: June 15, 2022
LC>sBanos
At the Crossroads of California
10 CK # 232902 - # 233326
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 06/08/2022 - 9: 13AM
Cleared and Not Cleared Checks
Print Void Checks
Check No Check Date Name
232902 5/27/2022 A Plus Plumbing LLC
232903 5/27/2022 Apex Annex Health Center, Inc.
232904 5/27/2022 Aramark Uniform Ser Inc
06/15/2022 $901,199.05
LOsBanos
Module Void Amount
AP 505.65
AP 310.00
AP 788.64
232905 5/27/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 232906 5/27/2022 Airgas, Inc. AP 264.69
232907 5/27/2022 AT&T Mobility AP 9,810.18
232908 5/27/2022 AT&T AP 1,231.06
232909 5/27/2022 AT&T AP 100.94
232910 5/27/2022 Oscar Alfonso AP 350.00
232911 5/27/2022 Boot Barn AP 331.91
232912 5/27/2022 BSK Associates AP 860.00
232913 5/27/2022 Ca Dept of Justice AP 1,325.00
232914 5/27/2022 A & E Industrial Cleaning Equipment AP 168.59 232915 5/27/2022 Oscar Covarrubias AP 500.00
232916 5/27/2022 Central Sanitary Supply AP 1,198.69
232917 5/27/2022 Clark Pest Control Inc AP 95.00
232918 5/27/2022 Comcast AP 340.15
232919 5/27/2022 Copy Shipping Solutions AP 538.46
232920 5/27/2022 CSG Consultants Inc. AP 15,394.00
232921 5/27/2022 John Ceccarelli AP 350.00
232922 5/27/2022 D & D Pest Control AP 177.00
232923 5/27/2022 Display Sales AP 959.73
232924 5/27/2022 Dept of Transportation AP 4,434.67
232925 5/27/2022 Federal Express Corporation AP 28.07
232926 5/27/2022 Ferrellgas, Inc. AP 253.76
232927 5/27/2022 Galls Inc AP 1,022.21
232928 5/27/2022 Gouveia Engineering Inc. AP 48,899.46
232929 5/27/2022 Henley Pacific, LLC AP 187.32
232930 5/27/2022 Holt of California AP 406.70
232931 5/27/2022 Kimball Midwest AP 34.99
232932 5/27/2022 Kings View Corporation AP 400.00
232933 5/27/2022 Language Line Services AP 61.91
232934 5/27/2022 Liebert Cassidy Whitmore AP 300.00
232935 5/27/2022 Life Line Screening of America AP 600.00 232936 5/27/2022 Marfab Inc AP 22.51
232937 5/27/2022 Oscar Daniel Figueroa Martinez AP 300.00 232938 5/27/2022 McNamara Sports Inc AP 4,581.99
232939 5/27/2022 Merced Chevrolet Inc. AP 43.50
232940 5/27/2022 Merced Truck & Trailer Inc AP 325.01
232941 5/27/2022 Mid-Valley Disposal LLC AP 250,215.35
232942 5/27/2022 Napa Auto Parts of Los Banos AP 39.12
232943 5/27/2022 NDN International LLC AP 6,062.28
232944 5/27/2022 OSE AP 728.57
232945 5/27/2022 O'Reilly Auto Parts AP 187.28
11 232946 5/27/2022 Our Lady of Fatima School AP 600.00 232947 5/27/2022 Precision Civil Engineering, Inc AP 2,275.00 232948 5/27/2022 Premier Training Services, LLC AP 225
.00
232949 5/27/2022 Provost and Pritchard Engineering, Inc. AP 4,836.53 232950 5/27/2022 Protech Security & Electronics, Inc. AP 210.00 232951 5/27/2022 Randik Paper Co AP 245.18
232952 5/27/2022 Razzari Ford AP 63.92
232953 5/27/2022 Safety-Kleen Systems, Inc. AP 2,418.42 232954 5/27/2022 Save Mart Supermarkets AP 242.58
232955 5/27/2022 Sherwin Williams Co AP 198.35
232956 5/27/2022 Shred-It US N LLC AP 1,109.28
232957 5/27/2022 SIJ Holdings, Inc AP 1,050.00
232958 5/27/2022 Sorensens True Value AP 48.58
232959 5/27/2022 Sorensens True Value AP 97.97
232960 5/27/2022 Superior Pool Products, LLC AP 1,208.88 232961 5/27/2022 Syar Industries Inc. AP 2,225.21
232962 5/27/2022 Thirkettle Corporation AP 15,393.58
232963 5/27/2022 Tyler Technologies, Inc. AP 151,535.40 232964 5/27/2022 Stephanie Howard AP 60.52
232965 5/27/2022 Yvonne Gloria Hernandez AP 8.08
232966 5/27/2022 Everardo Parra Herrera AP 42.10
232967 5/27/2022 Gina Mendoza Santos AP 66.87
232968 5/27/2022 D.R. Horton AP 179.31
232969 5/27/2022 D.R. Horton AP 177.01
232970 5/27/2022 Meritage Homes AP 204.27
232971 5/27/2022 Javier Bolanos Soria AP I 71.46
232972 5/27/2022 Tadcaster Properties AP 39.78
232973 5/27/2022 D.R. Horton AP 181.61
232974 5/27/2022 D.R. Horton AP 202.30
232975 5/27/2022 D.R. Horton AP 179.31
232976 5/27/2022 D.R. Horton AP 177.01
232977 5/27/2022 Melchor Morales AP 100.00
232978 5/27/2022 Alejandra Rocha Escobar AP 14.42
232979 5/27/2022 Alejandro Zambrano Arreola AP 100.00
232980 5/27/2022 Jorge Naranjo Jr. AP 200.00
232981 5/27/2022 Verizon Wireless AP 152.04
232982 5/27/2022 Windecker Inc AP 3,371.37
232983 5/27/2022 Young's Air Conditioning AP 703.50
232984 5/27/2022 Youth Evolution Activites AP 5,616.00
232986 5/27/2022 Rachelle Ciuffo AP 969.52
232987 5/27/2022 Marcelino Cortez AP 120.00
232988 5/27/2022 Mary Lou Gilardi AP 201.47
232989 5/27/2022 Vincenzo Greco AP 215.00
232990 5/27/2022 Gerald "Obie" O'Brien AP 77.14
232991 5/27/2022 Stephen O'Day AP 215.00
232992 5/27/2022 Justin Ragunton AP 23.00
232993 5/27/2022 Juan Ramos AP 215.00
232994 5/27/2022 Save Mart Supermarkets AP 253.40
232995 5/27/2022 Law Offices of William A Vaughn AP 12,600.00 232996 5/27/2022 Law Offices of William A Vaughn AP 1,687.50 233004 6/3/2022 Los Banos Unified School District AP 106.84 233005 6/3/2022 Elva Martin AP 48.00
233006 6/3/2022 Home Sweet Home Property Management Co. AP 9.52 233007 6/3/2022 Aldina Real Estate, Inc. AP 114.11
233008 6/3/2022 Shambhu Sharma AP 31.67
233009 6/3/2022 Albert and Marta Denice AP 31.67
12 233010 6/3/2022 Charleen Mamon AP 31.67
233011 6/3/2022 Christine Kinsley AP 16.83
233012 6/3/2022 Sheila and Richard Menezes AP 31.67
233013 6/3/2022 Gricelda Gonzalez AP 16.13
233014 6/3/2022 Christopher Helbling, IV AP 31.67
233015 6/3/2022 Jacqueline and Robert Mang AP 31.67
233016 6/3/2022 Michelle and Brian Cutler AP 31.67
233017 6/3/2022 Romelia Marquez AP 132.67
233018 6/3/2022 Court of Fountains, LLC AP 1,282.84
233019 6/3/2022 Court of Fountains, LLC AP 11.20
233020 6/3/2022 Los Banos Property Management Services AP 10.09 233021 6/3/2022 Los Banos Property Management Services AP 31.67 233022 6/3/2022 Andy Avila AP 31.67
233023 6/3/2022 David Rodriguez AP 52.01
233024 6/3/2022 Farshid Darvishi AP 31.67
233025 6/3/2022 TimKaven AP 31.67
233026 6/3/2022 George Felix AP 31.67
233027 6/3/2022 Rogelio Roman AP 31.67
233028 6/3/2022 Julio Aranda AP 31.67
233029 6/3/2022 Lynn Lambert AP 31.67
233030 6/3/2022 Madalyn Tibbs AP 31.67
233031 6/3/2022 Melonie Llamas AP 31.67
233032 6/3/2022 Oranee Batiste AP 68.15
233033 6/3/2022 Iglesia de Jesuscristo- Palabra Miel AP 19.96 233034 6/3/2022 UC Construction AP 22.99
233035 6/3/2022 UC Construction AP 22.99
233036 6/3/2022 UC Construction AP 22.99
233037 6/3/2022 UC Construction AP 53.25
233038 6/3/2022 Veronica Landa AP 31.67
233039 6/3/2022 Jose Rivera Echeverria AP 31.67
233040 6/3/2022 Derek Ciuffo AP 31.67
233041 6/3/2022 Stonefield Home, Inc. AP 31.67
233042 6/3/2022 Power Nutrition AP 63.42
233043 6/3/2022 Ethan Conrad Properties AP 94.09
233044 6/3/2022 Robin Steinberg AP 31.67
233045 6/3/2022 April & Robert Huerta AP 31.67
233046 6/3/2022 Ismael Diaz AP 31.67
233047 6/3/2022 KuiMa AP 31.67
233048 6/3/2022 Eustacio Caballero AP 31.67
233049 6/3/2022 Miguel Alvarez AP 31.67
233050 6/3/2022 Ignacio Frias Hidalgo AP 49.93
233051 6/3/2022 Breckenridge Property Fund 2016 LLC AP 31.67 233052 6/3/2022 Felipe Escoto AP 31.67
233053 6/3/2022 Francis Egolf AP 31.67
233054 6/3/2022 Marvin Greer AP 95.09
233055 6/3/2022 Maria Quintero AP 31.67
233056 6/3/2022 La Flamme Living Trust AP 144.76
233057 6/3/2022 Omar Macias AP 31.67
233058 6/3/2022 Chi Moon Oh AP 31.67
233059 6/3/2022 Cesar Trejo AP 31.67
233060 6/3/2022 Richard Munoz AP 31.67
233061 6/3/2022 William Amidon AP 31.67
233062 6/3/2022 Tan Nguyen AP 19.93
233063 6/3/2022 Michelle Downs AP 31.67
233064 6/3/2022 Todd Investment Properties, LLC AP 1,951.83 233065 6/3/2022 Nirmal Kaur AP 31.67
13 233066 6/3/2022 D.R. Horton AP 31.67
233067 6/3/2022 D.R. Horton AP 22.99
233068 6/3/2022 D.R. Horton AP 22
.99
233069 6/3/2022 D.R. Horton AP 22.99
233070 6/3/2022 D.R. Horton AP 22.99
233071 6/3/2022 D.R. Horton AP 22.99
233072 6/3/2022 D.R. Horton AP 22.99
233073 6/3/2022 D.R. Horton AP 22.99
233074 6/3/2022 D.R. Horton AP 22.99
233075 6/3/2022 D.R. Horton AP 22.99
233076 6/3/2022 D.R. Horton AP 25.66
233077 6/3/2022 D.R. Horton AP 22.99
233078 6/3/2022 D.R. Horton AP 22.99
233079 6/3/2022 D.R. Horton AP 22.99
233080 6/3/2022 D.R. Horton AP 22.99
233081 6/3/2022 D.R. Horton AP 22.99
233082 6/3/2022 D.R. Horton AP 22.99
233083 6/3/2022 D.R. Horton AP 22.99
233084 6/3/2022 D.R. Horton AP 52.99
233085 6/3/2022 D.R. Horton AP 22.99
233086 6/3/2022 D.R. Horton AP 37.99
233087 6/3/2022 D.R. Horton AP 22.99
233088 6/3/2022 D.R. Horton AP 52.99
233089 6/3/2022 Harrison and Melinda Goodwin AP 31.67
233090 6/3/2022 Robert Kuhne AP 31.67
233091 6/3/2022 Alvin and Delrine Deconge AP 31.67
233092 6/3/2022 Omar Alburati AP 31.67
233093 6/3/2022 Marina Espinoza AP 51.91
233094 6/3/2022 Pamela Pendleton AP 51.63
233095 6/3/2022 Margaret Warner AP 31.67
233096 6/3/2022 Dominic Carlucci AP 21.10
233097 6/3/2022 Nelson Bejar AP 31.67
233098 6/3/2022 Richard Urias AP 31.67
233099 6/3/2022 Priscilla Ayala AP 31
.67
233100 6/3/2022 Manuel DeSousa AP 163.24
233101 6/3/2022 Josefa Zamora-Hernandez AP 31.67
233102 6/3/2022 Pastor Martin & Mimosa Sison AP 121.85
233103 6/3/2022 Nicholas Lindner AP 31.67
233104 6/3/2022 Gregorio Hernandez Carmona AP 31.67
233105 6/3/2022 Shiela Gonzales AP 31.67
233106 6/3/2022 Yuriana Zamora AP 31.67
233107 6/3/2022 Nancy Jurado AP 31.67
233108 6/3/2022 Scott Belzer AP 31.67
233109 6/3/2022 Fernando Cabrales AP 53.24
233110 6/3/2022 Everett and Georgianna Carter AP 31.67
233111 6/3/2022 Ronald Easley AP 19.96
233112 6/3/2022 Isidro Fuentes AP 31.67
233113 6/3/2022 Rita Hernandez AP 19.96
233114 6/3/2022 Christine Huff AP 103.10
233115 6/3/2022 Michelle & Joshua Hatton AP 143.67
233116 6/3/2022 Robert Garcia Jr. AP 31.67
233117 6/3/2022 Neubauer Enterprises AP 126.73
233118 6/3/2022 Dolores Vargas AP 31.67
233119 6/3/2022 Cloverland Property Management AP 10.09 233120 6/3/2022 Erik Montano AP 31.67
233121 6/3/2022 Guillermina Valencia Alvarez AP 31.67
14 233122 6/3/2022 Rogelio Moreno AP 31.67
233123 6/3/2022 Mi Kyoung & Richard Duran AP 31.67
233124 6/3/2022 Gerardo Garcia AP 31.67
233125 6/3/2022 Nguyet Bich Nguyen Langtry AP 75.00
233126 6/3/2022 Carmen Collins AP 31.67
233127 6/3/2022 Moises Almaguer AP 21.67
233128 6/3/2022 Gabrielle Capaz AP 97.44
233129 6/3/2022 Sanjesh Singh AP 31.67
233130 6/3/2022 Kyla Ryals AP 31
.67
233131 6/3/2022 Jaqueline Gutierrez AP 31.67
233132 6/3/2022 Maria Gonzalez Chavez AP 31.67
233133 6/3/2022 Ashley Boyer AP 19.74
233134 6/3/2022 Tyler Wyatt AP 54.29
233135 6/3/2022 Eliezer Amaya Moran AP 31.67
233136 6/3/2022 April Ortega AP 31.67
233137 6/3/2022 Vicente Zarate, Jr. AP 31.67
233138 6/3/2022 Harry Kester AP 31.67
233139 6/3/2022 Stefany Lara Carrillo AP 56.94
233140 6/3/2022 Amanda Lopez AP 31.67
233141 6/3/2022 Jose Oregon Maciel AP 31.67
233142 6/3/2022 Marcus & Ryecobie Gordon AP 31.67
233143 6/3/2022 Marilen Garcia-vega AP 51.91
233144 6/3/2022 Christina Strickland AP 52.77
233145 6/3/2022 Ana Maria Andrade Bernabe AP 31.67
233146 6/3/2022 Kiana Hutchison AP 53.91
233147 6/3/2022 Juan Angulo AP 135.17
233148 6/3/2022 Irvin Velasquez-Jovel AP 31.67
233149 6/3/2022 Tony Trindade AP 56.07
233150 6/3/2022 Madeline Morales Garcia AP 31.67
233151 6/3/2022 Marvin Hernandez Aceituno AP 31.67
233152 6/3/2022 Merced Rescue Mission AP 51.91
233153 6/3/2022 Jaime Hernandez Jr. AP 31.67
233154 6/3/2022 Ramon Rocha Mendez AP 31.67
233155 6/3/2022 Tania Santos AP 31.67
233156 6/3/2022 Maria Salinas AP 71.60
233157 6/3/2022 Lorenzo Thundercloud AP 31.67
233158 6/3/2022 Larry Borelli II AP 6.34
233159 6/3/2022 Corye Barnes Moore AP 31.67
233160 6/3/2022 David Rios Garcia AP 31.67
233161 6/3/2022 Cera Harrold AP 31.67
233162 6/3/2022 Lourdes Hernandez AP 31.67
233163 6/3/2022 Jayden Gonzalez AP 31.67
233164 6/3/2022 Carlos Barreto AP 31.67
233165 6/3/2022 Stephanie Rivera AP 31.67
233166 6/3/2022 Maria Maciel AP 92.32
233167 6/3/2022 Laura Barriga AP 31.67
233168 6/3/2022 Jose Pedraza Juarez AP 31.67
233169 6/3/2022 Michael Halstead II AP 53.15
233170 6/3/2022 Bryan Ramos AP 51.91
233171 6/3/2022 Hector Casillas AP 31.67
233172 6/3/2022 Eduardo Arriaga AP 31.67
233173 6/3/2022 Monica Zendejas AP 31.67
233174 6/3/2022 Casey Shull AP 172.40
233175 6/3/2022 Oscar Crisostomo AP 31.67
233176 6/3/2022 Jorge Vargas AP 31.67
233177 6/3/2022 Kenya Rubi Barajas Martinez AP 31.67
15 233178 6/3/2022 Edgar Medina-Banderas AP 31.67
233179 6/3/2022 Mayela Vargas Salgado AP 56.56
233180 6/3/2022 Realty Income Corporation AP 212.25
233181 6/3/2022 Justina Lindgren AP 31.67
233182 6/3/2022 Hung Ly AP 51.63
233183 6/3/2022 Salvador Mendoza AP 31.67
233184 6/3
/2022 Winnie Ha AP 11.44
233185 6/3/2022 Redwood Holdings LLC AP 20.88
233186 6/3/2022 Sarah San Nicolas AP 19.53
233187 6/3/2022 Jose Servin AP 19.96
233188 6/3/2022 Saly Lu AP 95.09
233189 6/3/2022 Cesar Mojica AP 139.78
233190 6/3/2022 Raymond Quezada AP 95.09
233191 6/3/2022 Raymond Quezada AP 95.09
233192 6/3/2022 Rosemary Slaton AP 15.85
233193 6/3/2022 Mathew Aloor AP 95.00
233194 6/3/2022 Leslie Jackson AP 52.50
233195 6/3/2022 Calvin Sweat AP 182
.83
233196 6/3/2022 Gary Wulbern AP 95.09
233197 6/3/2022 Laura Cuevas AP 19.96
233198 6/3/2022 Los Banos Property Management Services AP 22.19 233199 6/3/2022 Raul and Dolsin Lopez Espinoza AP 24.93 233200 6/3/2022 Abel Saldana AP 63
.42
233201 6/3/2022 Jennifer Henderson Hall AP 5.00
233202 6/3/2022 Angel Zaragoza Perez AP 400.76
233203 6/3/2022 Eakins Properties AP 15.00
233204 6/3/2022 D.R. Horton AP 26.44
233205 6/3/2022
D.R. Horton AP 26.44
233206 6/3/2022 D.R. Horton AP 3.59
233207 6/3/2022 D.R. Horton AP 22
.99
233208 6/3/2022 D.R. Horton AP 26.44
233209 6/3/2022 D.R. Horton AP 22.99
233210 6/3/2022 D.R. Horton AP 3.45
233211 6/3/2022 D.R. Horton AP 26.44
233212 6/3/2022 D.R. Horton AP 22.99
233213 6/3/2022 D.R. Horton AP 26.44
233214 6/3/2022 D.R. Horton AP 26.44
233215 6/3/2022 D.R. Horton AP 22.99
233216 6/3/2022 D.R. Horton AP 22.99
233217
6/3/2022 D.R. Horton AP 22.99
233218 6/3/2022 D.R. Horton AP 34.54
233219 6/3/2022 D.R. Horton AP 26.44
233220 6/3/2022 D.R. Horton AP 26.44
233221 6/3/2022
D.R. Horton AP 26.44
233222 6/3/2022 D.R. Horton AP 34.54
233223 6/3/2022 D.R. Horton AP 37
.99
233224 6/3/2022 D.R. Horton AP 7.99
233225 6/3/2022 D.R. Horton AP 7.99
233226 6/3/2022
D.R. Horton AP 7.99
233227 6/3/2022 Ana Marquez Martinez AP 49.30
233228 6/3/2022 Bertha Hernandez-Galindo AP 161.80
233229 6/3/2022 Israel Guzman AP 31.67
233230 6/3/2022 Eleanor Najera AP 39.77
233231 6/3/2022 RBG Construction AP 22.99
233232 6/3/2022 RBG Construction AP 22.99
233233 6/3/2022 Brenda Carrillo AP 60.86
16 233234 6/3/2022 Salvador Mendoza AP 95.09
233235 6/3/2022 MHP Builders Inc AP 45.98
233236 6/3/2022 MHP Builders Inc AP 22.99
233237 6/3/2022 MHP Builders Inc AP 22.99
233238 6/3/2022 MHP Builders Inc AP 22.99
233239 6/3/2022 MHP Builders Inc AP 22.99
233240 6/3/2022 MHP Builders Inc AP 22.99
233241 6/3/2022 MHP Builders Inc AP 22.99
233242 6/3/2022 Jessica Jaramillo AP 76.07
233243 6/3/2022 Rodrigo Gonzalez AP 88.75
233244 6/3/2022 Aflac-Customer Service AP 319.73
233245 6/3/2022 AFSCME District Council 57 AP 1,302.01
233246 6/3/2022 In Shape Health Clubs Inc AP 72.00
233247 6/3/2022 Los Banos Police Assn AP 1,050.00
233248 6/3/2022 Los Banos Police Assn AP 245.00
233249 6/3/2022 MassMutual AP 1,450.65
233250 6/3/2022 MassMutual AP 3,305.00
233251 6/3/2022 Nationwide Retirement Solutions AP 4,390.00 233252 6/3/2022 Professional Fire Fighter AP 975.00
233253 6/3/2022 State Disbursement Unit AP 1,519.50
233254 6/3/2022 V antagepont Transfer Agents
- 306797 AP 1,032.40
233255 6/3/2022 Vantagepoint Transfer Agents
- 801838 AP 6,600.00
233256 6/3/2022 A Plus Plumbing LLC AP 4,935.00
233257 6/3/2022 Alhambra AP 382.79
233258 6/3/2022 Animal Damage Management, Inc. AP 625.00 233259 6/3/2022 Anthony Gomes AP 407.04
233260 6/3/2022 Aramark Uniform Ser Inc AP 400.33
233261 6/3/2022 AT&T AP 2,169.74
233262 6/3/2022 Dorothy June Baker AP 30.43
233263 6/3/2022 Sara Blevins AP 407.50
233264 6/3/2022 Michael George Bonillas AP 762.50
233265 6/3/2022 Bruce's Tire Inc AP 1,694.27
233266 6/3/2022 BSK Associates AP 616.00
233267 6/3/2022 Buxton Company AP 12,500.00
233268 6/3/2022 Cal Traffic AP 726.11
233269 6/3/2022 Capital One AP 387.83
233270 6/3/2022 CDTFA California Dept. of Tax & Fee AP 461.00 233271 6/3/2022 CENCAL Machine & Fabrication Inc. AP 70.91 233272 6/3/2022 Manuel A Avila AP 212.88
233273 6/3/2022 Central Sanitary Supply AP 413.64
233274 6/3/2022 Comcast AP 8.03
233275 6/3/2022 LN Curtis & Sons AP 5,558.63
233276 6/3/2022 City of Los Banos Utility AP 33,472.43
233277 6/3/2022 Custom Locksmith & Alarm Inc. AP 180
.73
233278 6/3/2022 Dakota Pump Inc AP 484.60
233279 6/3/2022 Docs Towing & Transport, Inc. AP 260.00 233280 6/3/2022 Electric Drives Inc AP 172.50
233281 6/3/2022 Engineering Unlimited Inc AP 135.48
233282 6/3/2022 F S Rod Inc AP 8,235.00
233283 6/3/2022 Farmer Brothers Coffee AP 99.86
233284 6/3/2022 Fast Track Car Wash AP 444.50
233285 6/3/2022 Foster Bros Security Systems Inc. AP 2,448.06 233286 6/3/2022 GCS Environmental Equipment Services AP 62.47 233287 6/3/2022 Gouveia Engineering Inc. AP 5,820.94
233288 6/3/2022 Granite Rock Company AP 5,050.00
233289 6/3/2022 Grainger Parts Operations AP 666.94
17 233290 6/3/2022 Al Gomes AP 8,702.75
233291 6/3/2022 Helena Chemical Co Inc AP 924.38
233292 6/3/2022 Henley Pacific, LLC AP 192.34
233293 6/3/2022 Holt of California AP 222.84
233294 6/3/2022 Jerry Witt AP 2,389.00
233295 6/3/2022 Laboratory Corporation of America Holdings AP 414.00 233296 6/3/2022 Lanier Plans, Inc. AP 115,913.76
233297 6/3/2022 Steve Macillas AP 175.00
233298 6/3/2022 Madera Carports, Inc. AP 5,687.62
233299 6/3/2022 Merced County Auditor Controller AP 955.00 233300 6/3/2022 Merced County Fire Department AP 11,044.00 233301 6/3/2022 Monterey Auto Services Inc. AP 437.02
233302 6/3/2022 The Office City AP 272.39
233303 6/3/2022 OSE AP 636.85
233304 6/3/2022 O'Reilly Auto Parts AP 1,170.74
233305 6/3/2022 Pace Supply Corp. AP 82.65
233306 6/3/2022 Pacific Landscape Supply, Inc. AP 1,786.06 233307 6/3/2022 Premier Access Insurance Co. AP 19,479.25 233308 6/3/2022 Premier Training Services, LLC AP 112.50 233309 6/3/2022 Protech Security & Electronics, Inc. AP 240.00 233310 6/3/2022 Razzari Ford AP 1,302.63
233311 6/3/2022 Safety-Kleen Systems, Inc. AP 2,356.00
233312 6/3/2022 Sherwin Williams Co AP 620.22
233313 6/3/2022 Sorensens True Value AP 1,149.46
233314 6/3/2022 Specialty Distributors, Inc. AP 157.97
233315 6/3/2022 Stantec Consulting Services, Inc. AP 9,644.50 233316 6/3/2022 Sun Life Financial AP 6,880.17
233317 6/3/2022 Superior Pool Products, LLC AP 6,428.31 233318 6/3/2022 Talley Oil Inc. AP 2,211.03
233319 6/3/2022 Terryberry Company LLC AP 950.06
233320 6/3/2022 Tractor Supply Credit Plan AP 302.82
233321 6/3/2022 USA Blue Book AP 327.26
233322 6/3/2022 Valley Iron Inc. AP 2,035.80
233323 6/3/2022 Verizon Wireless AP 2,101.94
233324 6/3/2022 Westside Water Conditioning AP 173.50
233325 6/3/2022 Windecker Inc AP 180.00
233326 6/3/2022 Young's Air Conditioning AP 161.00
Break in check sequence due to the following: Total Void Check Count: 0 Check# 232985 (Manual Void) Total Void Check Amount:
Check# 232997 - # 233003 (Payroll) Total Valid Check Count: 417 Total Valid Check Amount: 901,199.05
Total Check Count: 417
Total Check Amount: 901,199.05
18 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JUNE 1, 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 6:02 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: Motion by Jones, 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 STATE FARM DAY:
PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF GOLDEN VALLEY HEATH CENTERS; CERTIFICATE OF RECOGNITION - VINCENZO GRECO, 2022 LOS BANOS POLICE OFFICER OF THE YEAR: CERTIFICATE OF RECOGNITION-BETHEL COMMUNITY CHURCH FOR BEING NAMED AS AN OUTSTANDING VOLUNTEER ORGANIZATION BY MERCED COUNTY BOARD OF SUPERVISORS:
CERTIFICATE OF RECOGNITION - JERI BLEVINS FOR BEING NAMED AS AN OUTSTANDING VOLUNTEER BY MERCED COUNTY BOARD OF SUPERVISORS.
Mayor Faria read and presented the Proclamation Recognizing State Farm Day for which local agent Joe Gutierrez was present to accept and thanked the City Council for the recognition; he read presented the Proclamation Recognizing the 50th Anniversary of Golden Valley Heath Centers for which Yamilet Valladolid, Director of Government and Community Affairs was present to accept and thanked the City Council for the recognition; he read and presented the Certificate of Recognition - Vincenzo Greco, 2022 Los Banos Police Officer of the Year who present at the meeting to accept thanked the City Council for the recognition; he 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 read and presented the Certificate of Recognition - Bethel 19 Community Church for Being Named as an Outstanding Volunteer Organization by Merced County Board of Supervisors; and he read the Certificate of Recognition - Jeri Blevins for Being Named as an Outstanding Volunteer by Merced County Board of Supervisors who was present to accept and thanked the City Council for the recognition.
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: SCOTT SILVEIRA Merced County Board of Supervisor for District 5, spoke regarding the certificates being presented presented to the Merced County Volunteers, congratulated to them on behalf of the Board of Supervisors, thanked Ann McCauley for dedication and participation in the annual review and selection of the Merced County volunteers and encouraged all to nominate volunteers every yea; ANN McCAULEY, Los Banos, stated that she didn't realize that she has been screening applicants for as long as she has, spoke regarding the many worthy volunteers and how hard it is to choose, and encouraged all to nominate volunteers to be considered next year; CLAUDIA NUNES, resident at the Mobile Home Park on Pacheco, stated that they have been coming to the Council Meetings for a while now to bring attention to what is happening with the homeless encampment near their mobile home park, they feel like their liberties have been taken away, they hear gun shots, they feel like they have not received justice, you hear us but you are not listening to what we are saying, we want the homeless moved, it's not fair at our age to be afraid to go out at night, the homeless are stealing property, we have been deprived of our happiness, please help us; SHANDRA LEWIS, Los Banos, she feels like they are not being listened to, we had a meeting with the Chief of Police on May 3, 2022 and that they agreed to go from that moment forward, he said that he would do what he could and talk to his supervisor, talk of putting out a two week notice, how more people are coming to the homeless encampment and it is growing, they want to be put on the agenda, and when you do not put us on the agenda you are ignoring us, we are not a young community, we are mostly elderly, some are not saying anything and just putting up with it, we are not going away, when are you going to come visit us and see what we are going through, you are ignoring us and I am ashamed of Los Banos; RAY WAL TON, Merced County, thanked the Police Department for helping him with his efforts on diversity, but he does not want to thank City Hall and the City Manager who has refused to put up the posters regarding diversity, he is one person who can deal with this but he is refusing to return my calls or talk to me; GENE LIEB, Publisher of the new Westside Express Newspaper, spoke regarding the 1st edition of the newspaper that was just sent out and how the 2nd edition came out today, he introduced reporter Melina Duran who will be covering Council Meetings and Planning Commission meetings; JOHN CORNELL, Los Banos, stated that he is proud to live in Los Banos, things have been happening in our mobile home neighborhood near the homeless encampment that are horrible, last night it really hit home and he now has baseball bats at all his doors and by his bed to defend himself, he appreciates all that is being done with the extra patrolling, but he has an 88 year old father 20 who can't move much faster than him, he is really worried, does someone need to get hurt for action to happen, it has gotten out of hand, we need to come up with something, it only takes a few people to ruin things; SANDRA BENETTI, Peninsula Clean Energy, provided information regarding the e-bike program that closes on June 5, 2022 and the electricity generation services that PCE is providing the City of Los Banos residents. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert, seconded by Jones to approve the consent agenda as follows: Check Register for #232696 - #232901 in the Amount of $729,334.09; Minutes for the May 18, 2022 City Council Meeting; 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; 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 "At-Large" for a Full Term of Four (4) Years, City Treasurer "At-Large" for a Full Term of Four (4) Years as Required by the Provisions of the Laws of the State of California; 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; 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; 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); 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.); City Council Resolution No. 6508 - Accepting Public Improvements for Southbrook at Stonecreek the Villages IV, Phase 2B Unit 1 (Anderson Homes, Inc.); City Council Resolution No. 6509 - Accepting Public Improvements for Southbrook at Stonecreek the Villages IV, Phase 2B Unit 2 (Anderson Homes, Inc.); 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. 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 (SECOND READING & ADOPTION). Police Commander Melden presented the staff report, which included a PowerPoint presentation. 21 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 second 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 Llamas, to 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. 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):
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 VJ {FIRST READING & INTRODUCTION). Community & Economic Development Director presented the staff report.
Mayor Faria opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Lewis to waive the second 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.
22 Motion by Jones, seconded by Lewis to adopt 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 the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Faria; NOES: None. ABSENT: None.
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; 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. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.
Mayor Faria opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Lewis, seconded by Jones, to adopt 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. The motion carried by the affirmative action of all Council Members present.
FISCAL YEAR 2022-2023 BUDGET WORKSHOP. Finance Director Williams presented the staff report.
There was Council Member and staff discussion regarding the cost to paint City Hall, master planning our new neighborhoods, how that would happen during the General Plan Update, at the time of annexation, master plan approval, specific plans, Public Words is working on standards and specifications that could also address master planning new neighborhoods, the amount budgeted for spay and neutering seems low and the reason behind the number, can we force owners to spay and neuter captured animals before we let them be adopted, Airport FAA funds, complimented to staff on a great job putting together and presenting the $101 million budget, range classroom upgrade, equipment replacement in Public Works and what happens with the old equipment, clean air vehicles in the Police Department, Parks & Recreation budget for putting up signage at the various parks, sodding and reseeding of landscaping, the process of removing weeds at the parks.
Mayor Faria invited the public to come forward and speak. ANN McCAULEY, Los Banos, inquired as to animal license fee, how she never receives a renewal notice to let her know when fees are due, would like to see a system in place to remind those when their license fee is expiring. RAY WAL TON stated that he would like to have the city add a 23 reimbursement account for his diversity programs to spend on the schools and issues.
No one else came forward to speak.
Informational item only, no action to be taken.
ADVISEMENT OF PUBLIC NOTICES. (Four Reports) Community & Economic Development Director Elms reported that a Public Hearing will be held by the Los Banos Planning Commission on June 8, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Site Plan Review #2022-05 for the Loftin Stadium Renovation, project site is located at 1414 S. Seventh Street, more specifically identified as Assessor's Parcel Number 026-110-004; 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 1400 Mercey Spring Road., more specifically identified as Assessor's Parcel Number: 083-130-053; a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the operation of a spray booth for auto restoration for Speedy Auto Service, LLC, subject property is located in the Highway Commercial Zoning District at 1235 E Street, more specifically identified as Assessor's Parcel Number 025- 142- 017; a Categorical Exemption from the California Environmental Quality Act (CEQA) and a revision to Mobile Food Vendor Permit #2022-10 to allow the operation of a mobile food vending vehicle on private property for Antemio Cortes Jr. dba Taco Mex, subject property is located within the General Commercial Zoning District at 7 40 G Street, more specifically identified as Assessor's Parcel Number 025-111-021.
CITY MANAGER REPORT. No report
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that he is excited to see the bike path to Merced College in the budget and spoke regarding the e-bike program with PCE.
CITY COUNCIL MEMBER REPORTS.
DEBORAH LEWIS: Gave comments and congratulations to our San Joaquin Valley National Cemetery for Memorial Day services back at the cemetery and it was absolutely beautiful, wonderful improvements have been made out there, beautiful day out there, heartfelt thanks for those who have fallen, she spoke regarding a Council Member Request she made in May regarding the mobile home park and their concerns and would like it to be on the next agenda to have the Chief of Police give an update on what is going on out there and if there is anything we can do to help them.
REFUGIO LLAMAS: Stated how the Memorial Day services at the San Joaquin Cemetery were very well put together and a unique way to honor our fallen soldiers, thank Police Commander Reyna and Fire Captain Gallichio for putting together non-used equipment for Ukraine, he would also like to see the homeless encampment issue brought 24 forward to be presented to City Council to get a better understanding of what is happening over there, to have oversight and transparency, and reassured them that we are listing and we do care.
BRETT JONES: No report
KENNETH LAMBERT: Stated that he did not get a chance to go to the Memorial Day ceremony at the San Joaquin Cemetery, but he did go to the local one at the Los Banos Cemetery, and he thanked Finance Director Williams for a quick in depth budget presentation.
MAYOR TOM FARIA: State that he too is very concerned with the homeless situation, happy to hear that we have more patrol that way, we are hearing you, encouraged them to please call the Police Department every time you have an issue out there or are concerned, homeless issue was all over town, the legal issues around if you do not have a place to house the homeless you cannot ask them to leave the property, the idea behind the encampment, how the City hasn't solved the whole problem, Memorial Day services in Los Banos are always beautiful at the local cemetery and also out at the San Joaquin Valley cemetery.
ADJOURNMENT. Motion by Lewis, seconded by Lambert, the meeting was adjourned at 8:23 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
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 LOsBanos
l\l ll1f C10 .. sroculs OJ .:ali ·
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: June 15, 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 June 1, 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 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. 27 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 28 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 bv:
(
CCMA@; .l A-2~
Sonya Wil ms,
Finance Director
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 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 31 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 N-5-22, 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:
32 Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affinnation. 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 15th 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
33 THIS PAGE IS INTENTIONALLY LEFT BLANK
34 LOsBanos
At the Crossroads of Calijontia
Agenda Staff Report
TO:
FROM:
DATE:
Mayor Faria & ~:t~ ouncil Members
Sonya William~ inance Director
June 15, 2022
SUBJECT: Adopt a resolution authorizing the City Manager to temporarily charge a flat rate for late penalties for delinquent water, wastewater and solid waste services.
TYPE OF REPORT: Consent Agenda Item
Recommendation:
It is recommended that the City Council adopt a resolution authorizing the City Manager to temporarily charge a flat rate for late penalties for delinquent water, wastewater, and solid waste services for a 6-month period.
Background:
The COVID-19 pandemic has had a significant financial impact on the city's utility customers. In response to financial hardships felt statewide, California instituted a moratorium on water disconnections in March 2020, which was extended through December 31, 2021. Unfortunately, this moratorium resulted in an increase of outstanding account balances.
As of June 6, 2022, more than 250 customers have a past due balance of over 60 days owing a combined total of $319,123 in overdue balances. Nearly seventy percent of this balance is over 120 days past due. Although customers are participating in a payment plan, some payment plans allow up to one year to pay off the past due amount. By not extending the flat rate, customers will be unable to maintain their monthly payment resulting in their water being shut off. 35 In the first six months of the current fiscal year we have billed approximately $690,000 in late payment charges, prior to the pandemic we billed approximately $500,000 for the entire fiscal year.
Typically, fees range from $12 to $30, however due to the unusually high account balances fees are being charges in the hundreds of dollars each month.
Extending the temporary adjustment of late penalty from 15% to a flat rate of $15 will continue to provide a small measure of relief to both Los Banos citizens and business owners. The resolution authorizes the City Manager to extend the temporary charge of the flat rate for late penalties for water, wastewater, and solid waste services, beginning July 1, 2022 effect for a 6-month period.
Fiscal Impact:
The temporary adjustment will more accurately reflect historic fees and align with the proposed fiscal year budget.
Resolution
36 RESOLUTION NO. --
A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING
THE CITY MANAGER TO CHARGE A FLAT RATE FOR LATE
PENALTIES FOR DELINQUENT WATER, WASTEWATER, AND
SOLID WASTE SERVICES
WHEREAS, the Los Banos Municipal Code established various requirements related to the utility billing procedures specifically penalties for late payment; and
WHEREAS, temporarily charging a flat rate in lieu of a percentage may provide a small measure of relief for Los Banos utility customer and business owners who may be adversely impacted by the economic circumstances as a result of the COVID-19 virus situation; and
WHEREAS, the City Council of the City of Los Banos believes it is in the best interest of the citizens and business owners of Los Banos to temporarily charge a flat rate for late penalties for a 6-month period, ending December 31, 2022;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos herby authorizes that a flat rate of $15 per month shall be assessed for all delinquent water, wastewater, and solid waste accounts, effective July 1, 2022 and expiring December 31, 2022.
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 15th 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
37 THIS PAGE IS INTENTIONALLY LEFT BLANK
38 LOsBanos
At the Ct-ossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Soknirom Than, P.E., Public Works Director/City Engineer June 15, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2015-01 Southpointe at Regency Park, Phase 8 Recommendation:
That the City Council adopts the Resolution approving Final Map No. 2015-01 Southpointe at Regency, Park Phase 8.
Background:
The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In June of 2021, the Public Works staff was contacted by the developer Stonefield Home, Inc., a California Corporation, for Final Map approval for Southpointe at Regency Park, Phase 8. The Final Map was reviewed and deemed complete by the City's consulting firm.
Discussion:
The subject is generally located within the area bounded by Overland Avenue to the north, Verona Subdivision to the south, Place Road to the west and future Ward Road to the east, more specifically identified as APN. 424-120-020. The applicant is Stonefield Home, Inc., a California Corporation. The map consists of 63 single family lots on 12.54± acres.
This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01. 39 Fiscal Impact:
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
40 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 8
AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT.
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 8 and accompanying Subdivision Improvement Agreement; and,
WHEREAS, the single-family residential subdivision consists of 63 lots on 12.54± 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. 2015-01 Southpointe at Regency Park, Phase 8 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. 2015-01.
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 15th 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
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 For APN/Parcel ID(s): 424-120-020-000
EXHIBIT "A"
Legal Description
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:
THE REMAINDER OF TRACT NO. 2015-01, SOUTHPOINTE AT REGENCY PARK, IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MAY 30, 2019, IN BOOK 81, PAGES 20 - 24, OF MAPS.
EXCEPTING THEREFROM THAT ONE-HALF OF ALL OIL AND MINERAL RIGHTS IN, UNDER OR OVER SAID PROPERTY, AS RESERVED BY VITO SPINA AND ROSALIE SPINA, IN DEED RECORDED JUNE 4, 1945 IN BOOK 806, PAGE 348, OF OFFICIAL RECORDS.
Cl TA Preliminary Report Fonn - Modified (11.17.06}
SCA0002402.doc / Updated: 07.10.19 3
Pr1n1ed: 05.19.21 @ 10:29 AM by LM
CA-FT-SPS-1-21-FF0~3012100603
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 OIWlffl~ STATEMENT
ft; IHC - 00 IE/IE1IY ... 1£ 1H4T 11£" Nl£ 71£ _,.. OR ,_ lDE-, mu; OR INIUt£ST DF' RECOIII) IN IHC IND - ON '1fS - MJ 11£" aJIISDff n, 71£ --NtD IIEt'ODOIDI DF' 1IIS MAP. IEMSIJHEIEB'fa1ERAN-/J£IJIOl11J/11l>IHCCITYDF'I.OSll4o',W\AS-RJII ~.=~~=~sa~=~TOi~11£~:
IJJ1S 501 7HIIDfJQI 510 111 NtD ,_ PW:£ - AU AS - ON 1IIS - W. --~~--
m,-==~d'a!-""""!~---- ..,., £::-z..<..-22...- _,, ,'PlthlP..-,r 11iUS"1m FIJEJ.l1Y IWJOM4t, 1TT1.£ CCMIWr'Y OF~ A ~ CQIFQIMl'IW m, ~ill -.Al/24"rn;~ au,, 7J1"'f $(, .:lOZ,Z..
-:2;)ion«- H, f<ppiaf"" l,prl· II.?. PRIIITNMIC mu:
NOTARY STATEMENT
A NUTNW PUIJIJC OR (l1HER omctR aJIIPWING rHIS CDfllFICATE IEIWES aw.r 1H£ aJl1l1Y or DE MO\D.'4l. lflO SICNED 1H£ DOCUtltNT 1D lfllQI 1HIS ClRIPX!4'1C IS A11¥M:D. IND f!lt1T 1IE 11IUTWWESS. ~ _ORKIILOTrOFTHtTooctllEl(T. =rwcuny(),/ Js.s. . ON ~ !Ht . aw2:. """"'~ A.0.&M A 1/0MY IUIIJC, l'f11SIJNM1r N'P£¥1£D ~.. . • _, PRCMD 111 11£ ON 1HE 8lllS DF' ..,..-,ocra;y EllllfM% 11> /IC 1HE PfRSCN('SJ ..,... "411£($) IS/NIE ~ IN~- "' 71£ - - ~l - ~ "'11£ 1H4T Hf/Sllf,'IH£'f £JIEI:l/1ED 71£ SIii£ MJ 1H4TBYH.Y,~~) OIi 11£/NSffUIDfT 711£ PERSON(Sl OR rr£ omrr IJl'ON B£HMF OF Jiff/CH 1H:' : . • , . rJN(SJ - omnED 711£-. ~ TRCEPEN§l ~PE!lf'" IMJER 1rlL ~~ f ul£ liTATE OF CALFMM1 THAT 71£ IOll£DDH1 """'5SIIY,_,P. • ~
- »tr """"""CDf/NTTWBIJS/N£SS! P)eYtq/
NOTARY STATcMENT
A 1/0MY /'tAJIJC riR OTHER 0FRC£R ctJMPIE1INt; '1fS aRTIFlt:A1E lf1lt'6 ONLY r,£ IIJ£Jt1lf'f OF' 11£ - _, Slf;IEIJ IHC IXJCIAID(r 111 llffCH 1/IS CCRWICAI£ IS A7l>IO,IJ), AND N(1T IHC Tllt/lHR.IJE5S, ACCL8ICY, OR W.1J1Y OF 1HA1 ~
~w~c&c<!I> /s.s. ON 7Yltft a,, . 20A. B£T0/1£11£. l.-/[Mi ,I. uo A Nfl1NW FUIIJC, PERS0'44LLY APPENID) ________________ _ :::i> ,·otie H- Rosioson WHO PRCMD 111 11£ ON 1HE 8lllS or SIT/SFACl1JRI' ElllEHCC 111 BE 1HC f'61SDN(S) ..,... "411£($) IS/off SUiSC1illD 11> 711£ """" INS11UlfKT. Ml At:K1KMD1IIEJ) 111 11£ 1H4T llc/SHE/rH£r £JIECU1ED 111£ SIii£ IN~-~ NtD 1H4T IIf IIS/HO.IIH£1R ~) a, 111£ IN51JIIMNr 71£ PERSON(Sl OR 1HC omrr UPON B£HMF DF' f/lfCH DE POISIJN(S) - omnED DE 1#S11/lMD/r, I CERIFf lMDER PENALTY OF P£RJIJl('f UNDER THE lAIIS' OF 11£ STATE OF C4L.flWM4 l'JMT 'fH£ RJREGtJING PAR.tCRN1tl IS ~ AND ~ ::-~ ,,__ fXJ<JN1Y er ~eec@
--.2nGzro
lll'aw5>UW£J/Pf//ES: 6-1(1-2$'" l.MlE 2022-5-.J 1:f1 FIE .lt"_l ll'.lW25\ _,_ 8\51' PHll,-()1 ...
TRACT NO. 2015-01
SOIJTHPOINTE AT REGENCY PARK-PHASE 8
BE1NG A S1.IBDMSION OF LOT 3. AS SHOIIIN ON TH£ WP OF sotlTHPOINTE AT REGENCY PARK 7-11, Fl.ED IN i.a.UIIE 85 OF OFFICtAl. PlAIS: AT PAGES 44 7tl 49, MERCED COUNTY R£C0R0S.
LYING IN TH£ SOUTHE"AST QUARTER OF S£CTION 12. TOWNSHIP 10 SOUTH.
I
Ill
.,,_ I
RN« 10 CAST. IJOUNf DtABLO IM5E ANO l.t£RJDIAN
CfTY OF LOS BANOS. COUNTY OF IERC£D. STATF: OF CAlJFORNIA MNiCll2022
BENCHMARK ENGINEERING1- INC.
HIGHt/lAY:U
, ..... ", ......
~-\
'\.:', ', ',
915 17TH STR££r, IIOOFSro, CAI.JFORNIA, 95:J!U
HlN/rl'IM,mA1£
Ii!
i ' I
OMITTED SIGNA1VIE ST/..,,:'J,:Nf'
!il
11 ii
PfJRS/JNIT 1D S£C1ltJN C ·.:_ '- tllt. ~ WI' JCT. 11£ RJUlJIIIG ~ HQ£ BEEN Oll1TED:
nPCOFll1ERESf':
,, fitlOI' OP.
DEED IIEF£IIENCC,
m£ OF IITEREST:
II FINOR OF: DEED flEFE1IENC£:
---
a,y Of UIS BANOS l/()(J/(SlMWMX>OL~PAGf:681..tl.~11£Ct1111)£1)1NJGJJST. IS9tJ ANY lllGHI" OF ENTRY MIJ EASEJlfNl'S NEI:E:SSNIY R1R TIE PRt1DllC10I. iJR.QWJQY, OR SJDM'.ilEOFQlORANRl4t.s Mm 5fM J/N/J ROSMJ£ SflM 1/()(J/( //06 OF' OFF/CW. li£tUill>; IW/£ J'4 M.~ IIECOl11JED 4 M,f; lfHS.
PWINING COIIIIISSION STATEMENT
4 STACY SllllZA OMS, OIRCt:IOR FOR 11£ Ct1Y W LOS IIANOS CVIMN1Y AND ,_ IJ£VEUll'll£NT DE1Wl1ll£NT.
~
DO IERE/1f srA"TE 1H4T I H4..C aA1NO lHlS FINAL IMP OF "rMi1C1 Ml 20tMI SDlJ1HPOIN1E Ar PARK - PHISE a~ MIJ 1HAT 1H£ SUBDMSION IS SUBS11e't1MUY TIE ~ AS 11'4T $Hl'JIIII ON 1H£ m«An1C 111P N1ffKN£D Br 1HC art l'fNINIIS QMl$SIIQV ON 1H£ It !MY OF Mir. 2016. AND 1HAT 1HIS fML WOF11MCT/IO. 2015-<Jl stJIRHPOINICATll£1iDIC'(fW«-IMS£8"a.<ES _A&L _DF' SIii PW/NING - wm rws __ o,,r w ____ , 20~
STACY SllllZA ElJIIS. et:wHrr AND E1:DNOIIIC oE'iiitiNlin iiiiEi:irJii Ct1Yor1.0SI//INIIS
RIGHT TO FNNI STATEJIENT
PER ll£RCl1) COIJ//IY a/DINANCC ND. IJIJ:
1HC ffltJl'£R1"f DESClllBE1J ON nE HtRE0N SIOJIN IMP S II 1IE w:;wr;' OF 1AM' UTIJlBJ FOi AGIIELI.JZM.
PURl'OSES NIJ IPIJfJt1S OF 1HS PROPE1f1Y .IMY IE SllJE:CT 1lJ IICOM£JIENCE OR IJISCIJWalT NllSl#t: FROM 111£USCor-n.ttl4LCWJ/lCAIS,INCUJDINIJ,BIJTN(ITIJIIIIFDmPESTIC/DDMJFERTIJZERS,MJ,_ .TH£PUIISJJtTDF'MIIICILn.ttl4L<Hll41llMNClJJDINQ, /MJl'N(ITLIIIIED m-.,.,.......,_.,.,_ WHl<H OCOOlQ\MILY IMY ~1£ DUSr, SIQl'E; NO/SC, Ml OOQ\'.
IHC CDflNTr OF l/£1lt:l1J HAS ISl'o4IIJSH!l> .-:U.Ra AS A ,_,,, USC IN_,,_ ZONES f/lfCH 1111£ WISIIJ£ DF' IN fSTNUIHDJ Sl'l1:IFIC lll1JAN DfMI.IIPIIENT (SWPJ-, - /lfS/D£N1IAL CENTER (f/llC) ~~ ~,f:'::O~'M~w-~~ =ff'/U:1 :i= INCO/M1IIDlt:E OR IJ/5XXJIIRJRT ,_ _ ~--- SI/Rllfl'l1R~ STATEJIENr
1ffS 111P -.t PREPMl1J fir 11£ OR rMDER ltr DIIE.CfKJlf AID IS MSU> lff1N AFEIJ$UMYINCOI/RXIIIANC£-IIERE1JIJIISENISWIHCS1JBDMSIQN I/AP ./Cf Ml) LOC4L ORDIIWICC AT ff ll£tlUCST' OF <iWm HDS1FTl£R, M JILY 2tJ11. I IIE/iDlr SW£ THAT 1HIS FINM.. ll'P SU!iSWm4UY aH'ORIIS 10 nlE NfflOllfJJ Oil~ N1PR(WE1J 7BrlTA1M" M4P, 1HitT ALL JJOMMEN1S ME OF 11E ~ IHJ OCCIA" ff POSmDIIS NXA1ffl. OR THAT DEY 11.t. 11£ SET II 1HOS£ P06mONS ON at B£R:,f£ S4IJ S1JBOMSION llf'RIMloO'IS NIE MX£P1E1J IIf 11£ atY OF I.OS - NtD 1WoT 11£ l/tJNtlllORS AR£ OR Ill BE SIJF1ICllNT' 10 DWJtE 1H£ SUMY 10 IE R£11INXD.
/WED - 1.¢10,,, w M,W . at&:
J.d.lb iicHii.H4t.miiY
CfTY SURYE'rOR'S STATEMENT
I IERE1W SlAlF THAT I HaiE £XAMIIED 1fflS FML M4P ANO IT CQlft.ES WIIH AU 1HCPIKMSIONSOFCHAP1E11ZorDECAt.m!MI--N:T, AS AIOIJO). All) lH4111fS F1IML II/IP JS JltHDU.Y CQ!Rrr.
DIIJfJJ 111S __ DloY DF' ____ • 2Q_.
~ PIS 8719
-CITY-C., • . ~, /::ER S STATEMENT
I ltERDJI STATE NIT I HM" EXAIIIED 1HIS FM. MAP MIJ STA1E lHIT 1H£ 5U'DM5DI SIOM HEREON_IS ste'TMllMU.r 11E SUE AS tr APKNIEIJ ON TIE. r.vt41w. MCP, MID Mlf APPRO\£D AL~ 1HE1l£OF. 11MT ML PR(N. · • C.' ~ SIJBDMSKJN IMP ACT MIJ ANr LOC4L OIIIJINNiC£S OF 1H£ CSf I WJ.: 111D IIERCED C0tWn: NflJCNJI.E Ar 11£ 1111£ OF A:. ~• 11£ 1EN1A1NE IMP IMK BEEN QJIIPl,J£lJ rt/TH.
/WED - -- Dl,YDF' ____ • .. _
StJKNIRORil 1HW PC Qlim arYO/Q/1£ER
CITY Cl.£RK'S STATcMENT
!Ji~
.c. IJJCU£ L M4ll.OHEJ: arr Q.DIK OF lHf arr OF UIS ~ SrA1l' OF owr:DRJM. /Kl H£R£I/i' S1A1F DMT AT 1H£ R£GUNl IEDJN(; OF TH£ CdY au.a. OF 111£ art OF LDS aw25i. srAJE OF ~ fElD ON JHIS __ DloY OF=--===, .20_. 7H£ NXXJllfWlrllG FML WP OF -mtc1' ND. 2fJf5-0I SDU111PONTE AT - ,_ - PHASE r IMS - MX£P1E1J ON B£HMF or rHC PUBtX:, lfJII PIJ//UC USE; 711£ OIFER or DEDICATION IN £ASDIENT W AU PIJBUC U1IJTr fASEJEN1S (l'tJ£) NtD 111£ a1fR OF Dl1JICA110N It FEE OF M.L S1R££r ...-,«s-.a"-llllt MID ACCEJD1!D THC NX£SS RIGH1S IY I.DTS $01 1WiOIJGH s,o 10 MiD FRDII PUI:£ ~ NIJ U11 510 n> NO IROII Olf1IAM1 MNlJC M.L AS SHOflN ON THIS FW4t. .MIP.
DATED 1HtS __ Dior DF ____ , 2Q_.
LUCUE L ""'-<la; CITY cii1li/ arr OF LOS awJS
RECORIJE/l'S STATEJIENT
Fl.El} 111S __ Dl,Y DF' _ _____ , 20_, M ____ O'CLOGW _ II.
M l<lLWf' __ or<1'1!CMLIWSArAOC;I>" ____________ • AtC.R AT 1IE R£Of£ST' OF S10NEfE.JJ HOii£. IIC.. A C4LflWM4 CORPORATION trE: ______ _
8Vl8WI J. ~ COIMTY IIEtXJRD£R
m, -----------· O£PUTr
VOLUJ,1£ __ PAC£ __ SHEET I OF 3
45 J-......~"¾,.
2·-~ AIJJIINM \ ~,~~ --:.:~ CM' stmPED 7 RC.£. 15JI0'W \ ~ !::' 101 • • i). ",, ~- NOT ro SOI£
~\ ~A □ ...... " "-
\,~ I =1 '\ ~'l.\ \t \
SIJIJOMS/ON SUMMARY
., U)fS
S1IIIE1S
"""
~~, ii~ \ LOT4 \\\ I.Ii \ T/?ACT NO. :%!:5it1 \_ \ \ \
:,:,,-_ ,_,, \ I I __J I ~ -- ,--=~ ,, ' CAP/~15,1'0· w --. --- --. 511C 102 ----1... -~ r _; !,;~--,~---=-Olfll'LAND~~"::~~~.~iif-::"'~~l~,.=~fr1 ~48 -FJ - -~--=- . I 9 I I ( 469 468 I /
i!:
~~ -i,.,, .... 'O
c~~~
cs ::i "'@s :.!!.s._ I
b~~~.
~Q l_
I 1it_.,,ll8~ ( 490 48 2,.z,111)(,i,j I
I
509 I I 491 488 I
I
I
508 I I 492 487 I
1! -- - -
~ 507 49J 486
... 506 11 <f✓ 485 ' 505 I ' 495 484 I 504 I I I 496 483 I i
' I
470 467
I~ 471 466 I 4SO
472 · 1, 451 465
I· 473 464 4S2 474 463 I I 453
475 462 I I 454
:1...
I
~
I
I
I
I
I
I
:,... - <.,
~~r-..
Ji~tw~ ~~iq__
~ .. ~Q.;.C)
~~I~
t;~~ ill:§<>: ~
,-
l1_1
.I I. ' ) I / \ I / \ IY / I
· .it--r\ 1 1 1 ~ "'111XB( 1 1 , 1 r· 1 1 / IJ
/ TRACT NO. 2/JOl-06 / / / j j / /
----i UN/Tf/05 1 I I I 62-0P-04 r== -- -- --lf704 STR£Er- - - - - =:7 - -~=-~ 71)/ 7, I I I I
,,.,.., ,/J/2022 ,...,, ,u. "I l<>!<W\- -\PH<Sr •\SI' ---
10.IB ICRES :USM:R£S
12.54 M:R£S
TRACT NO. 2015.(J'f
SOUTHPOINTE AT REGENCY PARK• PHASE 8
8EJNG A SIJ8DMSION OF LOT .J, AS SHOWN ON 1HE 11N' OF SOIITHPOIN1F AT R£GENCY PARK 7-11, FILED IN IQ.UM£ 85 OF OFF/CW.. PIATS. AT PN;ES 44 ro 49, MERCED CO/JNTY R£C0RDS.
LYING IN 1HE SOU1H£AS'f QUIRTER OF S£C110N 12, TOWNSHIP 10 SOll1H.
RANG£ 10 EAST. IIOUNT DWJLO 84SE' AND IIERfDIAN
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CAL/roRNIA MARCH 2022
BENCHMARK ENGINEERING, INC.
915 17TH STREEr. 1/0DESTO. CAL/FORNIA. 95.154
/.£.CEJIO
Nl1IC: AU PF£ SIZES Ni£ #ISIJ£ ~
• FOOi) J/f• llOII PIP£ T..tGr'.I» 'tS «HO• PER (8), OR AS: N01EIJ e RJIMD IIONl/ll£NT II__,,,. IOU TAGClED 'IS BtHO" PER /11t OIi AS NtlTE1) • RJIMDGPS__,,AS.,_,ONl/£F(;\I
O SET ,V4• 11 24• llON PIPE, TAGGiW LS IJIUO
0 S£T .1/4•" 24• BON PIP£. TAGG&> lS arua, II IJ/ONUIIEJlr lfl.L ~
I S£'f .J/4• x 24"' IKJII PIP£. ~ LS a:ua, AT AU. RDlt WT COIIIIERS NIJ LDT AIICIE l"OMS. UNUSS IIO'fE]} AS' A ~ CDRIIER ):{ SCT ...... TAil ST.41Rl) IS IKHD M &ONCil£1£ AT 1.00' ll!llSllilD PCR/ltJIDICUNl OR /illlMU.Y IRlJII RDfT-OF-tfAY ANClE MID a#M" l'Ol([S SU MASS TAG S7AlffD lS ltHO II CONCR£rE AT ,.txJ FOOT PROJW1IDN OF AU LOT UES lmJ S1REET. =/1£SllfCIWACaSS
O.P. OF1ICML ,ws
(li) .tPSlfilD ON 1HIS 5tfM'Y l (R)
fl)£ --PIMUC IIIVTY <AStJl£NT
II.CR IIERCED aJlMTY R£tORDS
IC -.mESSaJtlNER ..llilK.~J.:.=..181.'.
I NOTES
t. AU B£A/IMGS AND DfSTN«:n SHOWN IERE1JN 1111£ AEAStAlilP fMLSS OTHDllfSE N01CD.
2. ML Dl!irMICES MID IWENSIONS SHDIIN ARE II FEET NtD ~ PAIRS 1HER£OF.
J. AU. R£aJRO NORIIAOON - IS FROM IID1CED COUNTY lifl:Q'1llS.
BASIS OF 8£Nl/NGS
A oesaM'D BD,RH; OF 1121:'D'J21f' 11\S MCAStRED FOR 1H£ LIi£ 8rnlEDI QPS/t1S 1D2f MtD GPS,lllltS: 1017 AS SHOIIN ON 1'£ (PS SCAMY coma N£nlCRK Fl.ED IN BOOK 28 OF SUM»: AT PAGtS' 9 1P 12. IIE1ICED COIJNJY RECORDS. AND IS 1H£ S4$iS: FDR ML BORWG5 ON 1HS MAP.
R£FCMNCES
(;\I CPS SUMY QlW7llllt 1'El1IIIIOI; Kl<<Mf 21J CF SIAMl'I P1IG£S • 1D 12, A<c.R. (1) 1RICT NO. 20,5-()1, - AT --7-11, l'IUIE IS OF M'la4L PUl1S, PNJE:S.Um4'.lt.C.R. (CJ 1RICT NO. 201!!-0,, SOIIIHFCiHT, AT R£//tNCY - • IWASC 1, Kl<UMC "5 OF M'la4L ~ PN:E.S so m 5l 11.c.a. i.t1WltE __ PAGE __ SH£Er 2 OF J
46 @: 't /! 't• a----'1 /~@J---- 't"' 't /I 41/tJ'\ \\•" "" \\clJ \\e22 m \.,. \\ .,.\ _.,j '~ '-;.} '~c·::/ ~--- m/ '~ . ,1 'f~ -) I l DETAIL A DETAIL 8 DETAIL C DETAIL D D£IAIL £ DETAIL F L '\_ -IOSCA<£ llt1TIOSCNE -11)/ICME NflTIOSCNE Nf1Tl!)SCAI£ -10SC41£ LOT 4
TTIACT NO 2015-01
SOlfTI-IPOINn: AT REGE:NCr PARK 7-11
85-0P-44
- --1--- """imiT - --::.A.::-- - --- ::.Olf'RWID AIIEM/f"- ~ _ ---!!!!!'l?!T~ __ _ !I! • ua- . - . . . aa.tJO· ---.R---- - --.,. Ill at Ill Ill 8 ,. , "" . 2a.1JO I
I
I
I
I
I
~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
•- - e)IIT TTI.IJO', ~ ./4-· _}:I.QO' -
'°' /f: I a s10 .. 489 - I . - J"9 :! UIS SE. Ill 1()21 s.F. ! s ..,., ; 468 • -4/J'Ol"lf • • ,"' :\ 1.f'21 SF. 7,Dr1 SF. 'J11e t05.tJO' _."112..,, I _...,112..,, _..,,112,, tO!J.otJ' (05.00' to,JJIJ" 8 509 .lil ts.J(IOSE.
f!/ll1"46'02"1f
31ft 105.00•
'l! 508 Iii __ ts.J/J/J SF. ,, ,we· tOS.IJO'
~ 507
ts.J(IOU.
!!!!§'"8W"lf'
J'IIC' 105.00'
~
8 506
;!: !ii f,J/J/JS.F
~ --<··aay ~ ~ i-.
H
i ~ --;;:=." I :t
a 504 !ii f,J/J/J s.
-48'/J2 J'W IOS., ' LI
~ soT
~
491
ts.J(IOSE.
,..,...,~
105.tlJ'
492
__ 4.J/JO SF. ..,,
105.00'
493
(,.JOO SF. --~- 105./JO'
494
6,J/JO SE. _..,'021r 10::.00·
495
4JIJO SE. _..,'Ol'lr 105.00'
~
~
8 !ii
:
i[s i-lil
~ )
~t~
488
f,J/J/J S.F. _,,,112,,
UJ!iOO'
487
ts.J(/0 SF. _,,,112,,
tOSOD'
486
l,.JtJO SF. _,aw_,,
105.IJO'
485
4.J/J/Js.F. --48112'1r 105,0(J'
484 __ 6,J/J/Js.F.
..,,
105.0Q'
483
4.D1S.F. !Ill?_,, 105.00' • OUM. C
s ,j/f2SH££T
lil 4.JIJOS.F. CIJ;
-46'0l'lr imtk0
t&L---
I
,~
i
·,
l!
lil
; l!
..,:: lil ii I
I I
~ ~
470
__ Ull>SF. ,,
ttl!S.OD"
471 __ ,._.,S.F.
,,
105./J/J'
472
__ ts.J(IO SF. ,,
105.IJO'
473
f,J/J/Js.F.
..-,a•,u,r
IOS.00'
474
8 467 Iii 1,100 SF. _..,llt'lr
,auo·
l! 466 lil ts.J(IOSF. _.,.112'1r 10$.0D'
8 465 Iii ts.J(IOSF. _,,,'02,, 105.IJO'
s· d 464
6,JIJO SF. !" _.,'Q2,. 10$,Q()'
46J
~ »,:-i---,,-=::::,::;':;~ ;-=. -~-'=~-H
6,J/JO SF. ~ ts.J(IO SF. ..,.,,,.'02,,
' ,auo· ·--
475
..,SF.
~
8 lil
11!5-ff' -
,m 476 la 46,,,.. , f,JIJOSF. fil4~
·• -~!/2_ aJ' J 105.00'
-:.. :i 451
if s I =::~ ,lta .. 105.00'
-:..~ 8 .. ,.. Iii
~i .I
~ J ~ Iii.
452
ts.J(IO SF.
1,......W'lr
105.00'
453
S.JIJOs.F. _.,,112,, 105.00'
°i 454
f,J/J/Js.F. ._,,
:69,IJO'
'if.55 al J/J/Js.F. i i
-t-~~ r= _,. ,,... ''W •-9 ..,,. [ "' s,,• ewe 1
Sf! '.,111::& 5tM' ,r:,.._,.. / .111Cv ,.._,,. '-.c\ ~e•Jj,". ~ \ I [ _,,.,n 1B11.D2'(M. j I I t , , '\ I • ' I !MID .V.,~ U9 FU: .It\ IIJOD2S\- ~\lfflSE 8\SI" PH8--0J.,,_,, I
!
I
~
I
TRACT NO. 2015-01
SOIITHPOINTE AT REGENCY PARK-PHASE 8
B£JNG A SV8DMSION OF LDT J, AS SHOWN ON 1H£ I/AP OF SOlmlPOINTE AT REGENCY PARK 7-11, FllED IN K1lW£ 85 OF OF1'ICtAL PLATS. AT PAGES <U TO 49, IIERCED COUNTY RECORDS.
LYING IN THE SOlJTH£AST OUNmR OF se::TION 12, TOWNSHIP 10 SOUTII, RANGE 10 EAST, IIOUNT DIABL0 BASE AND IIERIDtAN
CITY OF LOS ~ CCfJNTY OF IIERC£D. STATE OF CALIFORNfA
I/ARCH 2022
BENCHMARK ENGINEERING, INC.
915 17TH ST1l£Er, IIOOE31D, CN.JFrJRNIA, 95J54
NOTES
,. 2. AU. ML DISTMIC£$ - -ANO --l8l£NSIDIIS - SHDIIII - AR£ IN NI£ FEET MCASl.l/fI) MIJ DECl6CL llll£SS PNl1S 0-1H£RfXJF. NUJED. .1 ML REt:tJRD #D'iWIJJCW SHOWN IS f'ROII IERCED Cfll.MT'f R£C0RDS.
4. SEE Sl£ET 2 F1JR ISZM1. 8ASJS Of" - REFf1IDICES. MIJ NXJIIIONAL NU/ES. = 124TA TABI.£ UN£ 124T,4 TABLE
OIM DEllll IW)/jJ$ UNCl/1 LIE BORING IJISINIC£
Cl 48".UtlJ• 29.IJO' 2"r LI sw,,~ 2,.2,·
C2 n+'W' 2£/JO' .,_,.. t2 IHJ"4/J"02"1f 2,.z,•
..at.~~ CJ Y-Ol°Jr 2£00' 19.82' <J SWIJ'S!'lr 21.2,·
I .. M"r1•15• 51.00' 411.12'
.. ,w:u'IJr 51.ott "411"
CII qS,"22" SI.OD' 44.!i/J.
Cl onror 5t.oo· 50.19"
,. IHJ"41"02'1r 21.a,·
I .,!<ll'tl'f'l'1r 2,.2,· ... 1 __ ,,, 2,.2,·
L7 s,w,r~'lr 21.z,·
CII 55',t't.5• s,.acr 4!}.12"
.. 48'.J<W 2t.lJO' n.,r
c,o Jll'OII-»° a.OD' 1•.112•
Cit 724•25• a.tJO· .,_,.. c,2 48".U'a.J• a.tJO' 2"r
CIJ J'52'&)" ""'"'' , .... ... <1r,,·u· a."'' 2, . ., .
CIS 5J'f2'51· 5t.oo· 4137'
Ct6 57.3035• 51.00' ~l.2/J'
Cl7 Sl'<O'J.J" St.DO' 411./JO'
eta 57.»'55• 51.00' 51.20'
.,. S1'f2'5t· 51.00' 47.37'
C2() 48'.J<'OJ" 29.IJO' 2J.Sl'
C21 42"41 '1~ 2fJ.OO' 21,61'
C22 .r52•50• a.OD' ,.u·
CZJ 48'.J<W 29.IX)' 2J.57'
... O'Z2'Dr 29.IX)' 0.111·
C2!i Wtt'Sr a.tJO' 2S.38'
C2f 51'tf't9"' 51.00' -66("
C21 M'Jl'St .. .!lit.OD' =· C2JJ srz, . .,. 51.00' 41.!fO' C2R !i8Jl'5t· 51.DO' .,,.,.. CJD 51•14•11r St.OD' 45.,r• CJI ..-.um· 29.IX)• 2.15r
CJ2 ... ,,'57" 29.IJO' 23..JB'
CJ3 un'06· 29.IX)' o.,g•
lot)LUII£ __ PAGE __ SHEET 3 OF J
47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 V)
J-w
~
<t
a..
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 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 ace above this line for Recorder's use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this __ day of 2022, between
STONEFIELD HOME, 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. 2015-01, Southpointe at Regency Park Phase 8, comprised of 63 single family residential lots on approximately 12.54 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, 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. 2015-01.
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 #2015-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
51 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 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:
1. SITE PREPARATION $ 59,002.20
2. WATER $ 91,200.00
3. SEWER $ 75,000.00
4. STORM DRAIN $ 41,797.50
5.CONCRETE $ 174,536.50
6.PAVEMENT $ 141,235.00
7. ELECTOLIERS $ 15,000.00
8. MISCELLANEOUS $ 10,000.00
TOTAL $ 607,771.20
2. The DEVELOPER(S) shall furnish bonding or other fonns of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $607,771.20 and Labor and Materials at 50%, $301,385.60 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$60,777.12 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
5% of Approved Engineer's estimate of$607,771.20 $ 30,388.56 Less: Deposit for Plan Check (Rec#01617500)
Less: Payment (Rec#0l 738669)
SUB-TOTAL
FINAL MAP REVIEW
Charges for Phase 8
Less: Deposit for Map Review (Rec#0 1620460)
Less: Payment(Rec#0l738669)
SUB-TOTAL
Subdivision Improvement Agreement 2
$ (14,720.73)
$ (15,667.83)
$ 0.00
$ 2,328.98
$ (2,000.00)
$ (328.98)
i 0.00
TOTAL $ 0.00
FM#2015-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
52 4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $607,771.20 (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. 2015-01. 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 occur.
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 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.
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, ifit 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 Subdivision Improvement Agreement 3 FM #2015-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
53 ..
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 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.
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 ofDEVELOPER(S) obligations and undertakings 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 #2015-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
54 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 (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 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 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.
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.
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. 2015-01 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.
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 (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 ifrevisions are required. In any case, a new engineer's Subdivision Improvement Agreement 5 FM#2015-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
55 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. 2015-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B '), in the development ohhis 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 parties hereto.
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on th year 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
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
Manuel Thomas Faria, III
Mayor
PARTIES OF THE SECOND PART
6 FM #2015-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
56 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ~~ ~ ..
On ~ \ \2-1'.a<--Jd::')- before me, 12.e~DO\., {\-Qn'lnlo..s , Notary Public, personally appeared 6('~ 1-\:DS\i:-\-\&.-(" - ---, who proved to me on the basis of satisfactory evid~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature - ~'---=--',--_ \ ~£ _ ______ (Seal)
•••••••• f
REGINA A. ROBLES
Notary Public - California
Merced County !
Commission II 2345695 -
y Comm. Expires Feb 8, 2025
57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 EXHIBIT A
BEN BK CIVIL ENGINEERING & LAND SURVEYING
915 17th Street • Modesto, CA 95354 • 209.548.9300
ENGINEERS BOND ESTIMATE
FOR
SOUTHPOINTE AT REGENCY PARK
PHASE 8 - 63 LOTS
LOS BANOS, CA
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE
A. SITE PREPARATION
1. GRADING SF 575,022 $0.10
2. REMOVE TEMPORARY FIELD INLET EA 3 $500.00
SUB-TOTAL
B. WATER
·1. 8"WATER LF 1,590 $20.00
2. 8" GATE VALVE EA 3 $1,300.00
3. 1" WATER SERVICE EA 63 $500.00
4. FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 6 $3,500.00
5. CONNECT TO EXISTING 8" WATER EA 3 $1,000.00
SUB-TOTAL
C. SEWER
1. 6"SEWER LF 1,590 $20.00
2. 4" SEWER SERVICE EA 63 $400.00
3. STANDARD MANHOLE EA 6 $2,500.00
4. CONNECT TO EXISTING SEWER EA 3 $1,000.00
SUB-TOTAL
D. STORM DRAIN
1. 12" STORM DRAIN LF 92 $25.00
2. 18" STORM DRAIN LF 531 $32.00
3. CATCH BASIN EA 6 $2,000.00
4. STANDARD MANHOLE EA 3 $2,500.00
5. CONNECT TO EXISTING 18" STORM DRAIN EA 3 $1,000.00
SUB-TOTAL
E. CONCRETE
1. 6" VERTICAL CURB & GUTTER LF 3,638 $13.00
3. SIDEWALK (INCLUDING RETURNS) SF 18,355 $3.50
4. RESIDENTIAL DRIVEWAY EA 63 $1,000.00
SUB-TOTAL
F PAVEMENT
1. 0.21' AC/ 0.50' AB/ 0.50' ASB SF 56,134 $2.50
2. MONUMENT WELL EA 3 $300.00
SUB-TOTAL
G. ELECTROLIERS
1. 150W STREET LIGHTS EA 6 $2,500.00
SUB-TOTAL
JOB#100025
12/8/2021
AMOUNT
$57,502.20
$1,500.00
$59,002.20
$31,800.00
$3,900.00
$31,500.00
$21,000.00
$3,000.00
$91,200.00
$31,800.00
$25,200.00
$15,000.00
$3,000.00
$75,000.00
$2,305.50
$16,992.00
$12,000.00
$7,500.00
$3,000.00
$41,797.50
$47,294.00
$64,242.50
$63,000.00
$174,536.50
$140,335.00
$900.00
$141,235.00
$15,000.00
$15,000.00
59 ENGINEERS BOND ESTIMATE
SOUTHPOINTE AT REGENCY PARK
LOS BANOS, CA
JOB #100025
12/8/2021
PAGE2
ITEM DESCRIPTION
H. MISCELLANEOUS
1. STRIPING AND SIGNAGE
3. EROSION CONTROL
NOTE:
UNIT QUAN.
LS
LS
SUB-TOTAL
UNIT PRICE
$5,000.00
$5,000.00
CONSTRUCTION SUB-TOTAL----------->
10% CONTINGENCY===========>
CONSTRUCTION TOT AL----------->
AMOUNT
$5,000.00
$5,000.00
$10,000.00
$607,771 .20
$60,777.12
$668,548.32
1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.
FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL
CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.
PREPARED BY TG REVIEWED BY _ ____ _
K:100025\Estimates\Phase B\ 2021-12-B_Bond Estimate
60 ExhibitB
CONDmONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2015-01 -
SOUTHPOINTE AT REGENCY PARK
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifteations, additions, and/or conditions of approval, within 30 days from Planning Commission approval. tf necessary, the revised Vesting Tentative Tract Map shall be reviewed by the CHy Engineer and the Community and Econpmlc 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. 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 #2015-01 and approved Final Development Plan #2015-01, reflecting any amendments added during approval.
5. The Final Map(s) shall be tn 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 Hcensecl in Callfomia or a professional engineer licensed In Callfomia 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 Cooroinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
B. 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.
6 61
..
10. When the submittal has been technically approved, the original myfars and a conforming mylar wifl be signed and notarized (notary shel not be stamped on the map) and delivered to the Publfc 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 shaU 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 approved by the Community and Economic Development Department and Bu~fng Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2015-01.
14. Improvement Plans shall be submitted to the City for approval prior to/or concunent with the application for each final map and the follQwlng note shall be required: "The Contractor is responsible f~r protecting and preserving survey monuments and other su,vey 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 comer record shall be flied In accordance with State law for any reset monuments at the Contractor's sole expense." ·
15. Improvement Plans shall include a street slgnage 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 Rnal Map. The devetoper shall not commence off-site improvements until approval Is received by the Public Works Department The developer shaH enter Into a subdivision Improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of tt,e Engineer's Estimate for public improvements to be completed following recordatlon of the Final Map.
18. T~ project is subject to the appropriate Development Impact Fees as established by the City.
7 62
19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.
20. The applicant shall obtain City approval In advance for permanent and temporary on~site and off-site signs ttlrough separate sign reviews and bor_1dlng consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.
21. It Js the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.
22. It shaU be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-oontractors.
23. Building permits will be issued in accordance with City Subdivision Polley that Identifies the Improvements required In order for a building pennlt to be issued.
24. All structures. foundations, and footings for future buffdings on the project site shall be designed and constructed to confonn .with the current Uniform Bulldlng 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. On~lte and off-site structural design shall confor:m to the findings and recommendation of the engineering soils report. The report shall be p~~red 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 resJdentlal 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 ~ soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
21: Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.
28. Improvement Plans shall inctude mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.
29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
8 63
30. Due to the possibility that significant buried cultural resources might be found during construction, the followfng 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 anc;I the area shall be staked off. The project developer shall notify a quallfiecl professional archaeologist. If the find Is determined to be significant, appropriate mitigation measures shall be fonnulatecf and implemented.
31. 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 th~ language Is included in all permits in accordance with CECA 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 ~nably 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 detennines the remafns 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 remelns 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 llkely descendent or the most likely descendent failed 1o make a recommendation within 24 hours after being notified by the commission; b) the descendent identified faffs 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 9 64
200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours. This requirement shall be incorporated Into the specifications for au construction plans. subject to review and approval by the City of Los Banos Community and Economic Development Department.
33. Two points of all-weather access shall be provJded to afl areas of the development during alt phases of construction to the satisfaction of the Fire Department In areas where resl4entlal units are under construction.
34. Temporary construction trallers shall be pennitted only In areas immediately adjacent to or within that portion of the subdMslon 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 pubfic 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 soH erosion on undeveloped portions of the project site.
Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taHer than eighteen inches.
38. All contractors and subcontractors performing work relative to this project shall obtaJn 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 shalt incorporate soil erosion control measures Into grading and drainage plans that comply with NPOES 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;
10 65
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads; c. Silt fencing in~lled In accordance with the American Society for Testing and Materials standard 06462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that ah exposed soil is provided with tempora,y drainage and soil protection when construction activity is shut down during the winter periods;
f. lnfonn construction personnel prior to construcUon and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National PoHutton 0isoharge Elimination System (NPOES) pennlts administered by the Callfomla 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 landscaplng area shall be provided between the back of sidewalk and the fence.
42. Restricted access rights shaH be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shaU be shown on final maps.
43. Masonry walls shalt be decorative and in conformance with the Anal Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.
Air .Qyiilltv:
44. Housing units shall be oriented to maximize passive solar cooJlng and heating when. practicable.
45. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.
46. The developer shall comply with all appllcable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District. 11 66
Developer shall prepare an air emissions reduction if required.
Access and Circulation:
47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements shall only apply to Ward Road up to Overland Avenue Intersection and Overland Avenue.
48. Full width Improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed in conformance with the phasing plan as approved by the Public Works Director.
49. No driveway access shall be allowed from or on Place Road or Overland Avenue.
50. Ward Road shall be designed w~ a minimum 59' public right-of-way.
51. 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.
52. 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.
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.
53. 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.
54. 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.
55. 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.
56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
12 67
57. The developer shatl be responsible for obtaining encroachment pennlts from the City of Los Banos prior to performing any work within the City's right-of-way.
58. The developer shall design and install traffic cal,rilng measures throughout the project area as approved by the City Engineer.
59. Traffic calming shall be provided on the existing and future Castellana Street and Palermo Street
60. Traffic calming measures may Include, but are not limited to, raised intersections, speed cushions. stop signs, varl~ cross sections, and roundabouts. ·
LandgJM! and Lighting Distljct:
61. Prior to approval of any final or parcel map, the developer shall fonn or annex the subject prQperty to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, slgnage and public lighting including a share of traffic signal maJntenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 16 of the Callfomia Streets and Highways Code, and Article XIIID of the California Constitution. The form, tenns and conditions and the tax rate for the formation of the Lighting and Landscaping District, or In the alternative the anne~tlon of the subject property to an existing district, shall be as approved by the City Council, as detennined 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 fonnation or annexation shall be at the sole cost of the developer.
utilities:
62. The applicant shall construct water, sewer, and stonn drainage facilities as noted on the Vesting Tentative Tract Map, In accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department In regards to needed hifrastructure and development during the Improvement Plan Review stage.
63. In oonfonnance with the Subdivision Map Act., the developer shall pennit lnstallatlon of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
64. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties. 13 68
65. AH existing overhead utilities shall be placed undergroµnd with the exception of high voltage power lines. No new overhead utillty lines and equipment shall be shown on Improvement Plans and Grading Plans.
66. Where the invert is six feet or greater below finish grade, a minimum cfearance of five feet from lip of gutter to the edge of pipe shall be provided for underground uthity llnes.
Water:
67. The proposed project shall oonfonn to the requirements of the Los Banos Water Master Plan, Including payment of the water connection Impact fee.
68. Apprpved backflow devices shall be Installed as required.
69. Domestic water services shall not be placed in driveways.
Sewer:
70. The sewer collection system shall connect to the Meadowlands sewer 11ft station.
71. Upon issuance of a bulldlng permit reimbursements for the Northgate Sewer Lift Station shall be payable In· accordance with the Northgate Sewer Uft Station Reimbursement Agreement.
72. The developer shall construct all on-site and off-site sewer facllltles necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.
73. 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 Dra~age:
74. The development shall provide stonn drainage to the new basin, and then discharge directly to the San Luis Canal, as described In the Stonn Drain Conveyance and Pur11p Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer. All improvements to confonn to the City's Storm Drainage System Master Plan. All deviations to be approved by the City Engineer.
75. Final Improvement Plans for the storm drainage system shaff utilize the TR-55 analysts method.
76. Adequate capacity for the storm drainage detention needs of Pacheco High School shall be accommodated within the new storm drainage basin, 14 69
described 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.
n. 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,
78. Flnal Improvement Plans shall include concrete structures at stom, basin Inlets and outtets. Rip-rap shall not be considered acceptable. The structures shall prevent nuisance water by diverting directly to the pump station.
79. All development shall comply with the Phase II storm water regulations.
80. Anal Improvement Plans for the stonn drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading pennlt.
81. 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.
82. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.
Public Safety:
83. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
84. Fire hydrants shall be Installed at locations approved during the Improvement Plan stage and shall be installed based upon City stand~rds.
85. The developer, as specified by City development standards, shall install "Blue Dof' fire hydrant locators.
86. Each residence shaU have a 6-inch lighted address numbers of contrasting color installed on ~e front elevations or alternative size as agreed to by developer and Are Chief.
87. 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.
88. Fire hydrants (or other methods approved by the Fire Chief) on Overland Avenue shall be in place and functioning prior to approval of the first 15 70
resldentlal building pennit. Fire hydrants (or other methods approved by the Fire Chief} shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.
89. Street names shall be approved by the Fire Department.
90. Driveways, parking lots, water lines, fire hydrants, and underground utllltfes shall be completed prior to Issuance of building permits.
91. 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 ~rain inlets (i.e. Fire Department pr~pfanning).
Landscaptna:
92. All residential lots shall have fully landscaped front yards prior to occupancy of each dW&Dlng. Front ·yard landscape plans shall be submitted with the development Master Plans prior to bullcHng pennlt issuance and shall be approved by the City Engineer and Community and Economic Development Director.
93. The developer shall comply with the adopted street tree ordinance.
94. Masonry walls shall be landscaped with vines to discourage graffiti.
95. The applicant shall submit landscape and Irrigation plans with each phase of the Improvement plans for City review and approval of streetscape landscaping.
96. 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. tnigatlon systems shall be set to minimize water use and spillage onto paved areas.
97. Landscape plans shall be designed In accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 16 . '
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 ~
VES11NG TENTAT1VE SUBDIVISION MAP
SOUTHPOINTE
AT REGENCY PARK
LOS BANOS, CALIFORNIA BEING A SUBDMSKJN OF A POffflON OF SEr:T10N 7, 1UWNSH/PIDSIOIITH. IWIGEIIE'AST, MIO SEr:TION 12. rowNSIIIP 10 SOU1II, RANGE ID EAS1; l,IO/Jffl OWil..O SASC AND ll£RIDIAN. IN TH£ aTY OF WS BWOS, COUNTY OF IOal). S7A~ OF C4LJ'lllilfM NOl!1HPOlflfE'AT"REGf!NCY PARK .-----·-
ti1,1£1111
-~ - _...,,,.,. ____ ,.,.
_
• '
• • • --fflRfWMW..,GIMOMl•uran"f'" PIAN UllnYIUN
1JJ!IJJiJJ
A•H~
:=i:::::r'
~ :001&1f-UI: C --mr:· srmJlfN7' OF SYBPMQffl /AJ..-nD .. atrOl'U118llrGI----.OIOlt .inu'IIIO•--f,o£ad.J i
.tm:n:1tr,-:S.Mlct,f-~f1XJ-IJJ/I--Of.S
Dtlflllllg.mr,t, .. ,,11'4 a:IDIWCZNa.l'llllatr••-...::D'·flllllDIIIDS ,_,,_...,,_Dast.N!'SIU1tll#O«llla'IIBlr. S) _.S!Mr.,rarro,us.-..s:SIIDINO,NS..._ :a::,,=~~-_.,ft = =: ~; ,•.:,,r✓ ~~ ;_o.,:'! NB Ol'tl
., .... ~
E~~~;~n,cn
J !'7:=-J~~~:=5..:"snar
~ ~P3IIIIMl'JO•a....-•H--OFJaM.a'!(FMtj
RE' ME'-!OOll'IIWSNIU.IIC-llrt:IIYOFi&OS.wm. -~MJ.!!IIW'asl'WIL.lftlll_.CIM'llltlmf.U "'
$
"'
iJ
i
J ,__,...._.l'IJllll>IF'l!D~l'ai,tJMS
N' lff8'~M CiDilD ,,.--,-Ill tit IDUIO ,,_
...
_, ~
&DftnBMumlDIIIIU1f,.IILlt--llAL41BtDal!!
!OTA JPIEilDDU!D 111 ll'JE'MrO~OIW•Ol'EN.51'11Ct'l'UlfaliP M1MMD,r11<,,,.,,_IJfM'fflOT. arrOFua~ ~
0 Cl z:iE ;;e11 ii!!!:!· i::r::"'I ~~;I
c,..,g
:ZCII
IUz
=-= ii!~ 11·1
li 111
i:5~11
mu
EB
11!111 1;t
-~
.
~
..... ..______ ~
~ ,AS - 42.$.L _; ~-=----QIDJWll1HIIAlllllt: IXIIIISSIW lflSt1UIIICI# l!OI._IJ. IDIN: IDIUH' 1IIICr'""' .llll!J-01. ~I.I_ ...,~ . 73 '.IDIJS
I
I
I
i\
i
I
I
I
I I
11 ;g!Ef>U I UJ 11:rz11w11 JJJ 111 n 1
74 '· .• .. •
1 r
' j
! I \' i
I
'· :i
I
"
i
;
I I
'\
.,
~
I'
..
' 1, .
I:
'
,
i ,, -i
: .. ~
, ·
I I
I
?~ ·" ' --,~--.. ~
, :1: ~ i I I 'f !Tl/ I-I fl I ~
75 ' 'lo I
I
'- ~ ' ·, I' I
II
I
I
la
-- _,.._ EE) -•-'SOIMl80'1•JJl!IIWlt1111i
DNIA!IAIIRS ONY1 t 8Nlll:1:INl8Na 11111:l
rr 'ONI '9NIH33Nl9N3 >IHYWHON38
~ -z-
•
ii I! I
II
•i
I
!i
I I 11 ~ Ii
I
/ II I I i~ I r, 11 li ~, I·
II· ii . ,, m a • :· 11 QI
I~ f~ I
11 ~! Jlij . /\ i ~ '4 !l! ,~: h- ~ i C) C)
.~ ~ ia ~
wrl!; I ril: j' I
" g. ii
(i~·! "1~, ,,~ ,&• t~i .. d , i.
l
- .,, 'llllYd A:ltBOilll J.Y
iWIIOcllWI08
NV1cl AlR1ll V llNIOWO
NIIMI IIYIIO IIHQLS
I
Ji I •·1
19 ~1
11. !11
b
II I
;;-t
I
'I
I
I;
.1.
iii
I;
~:i
!b
I
U1·
111
\ Ii! . !11
I
:
""
i
76 'j
!
I
'· ,.
I I
'1
I
~ .. -
\ I
ll
\
I
l.
I
':
\
}:
.:.--~-801~.=.... EB 8NJAJAHnS ONY1 1 8NlllaaNl8N31 11AI:> --"J) 2?'fr 'ONI '9NIH33Nl9N3 llHYffllON3B
-- j~ll! •u,~I
I I
lll!Yd A:lfGDD J.'I
N'l1cl ----
iWl0l9WI09
W1WI i l
j
l i _..,_ ~ I
r
i:
I
I
I
I \1 11
i
i
I
I I
l
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 LOsBanos
At the Crossroatls of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 15, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2015-01 Southpointe at Regency Park, Phase 9 Recommendation:
That the City Council adopts the Resolution approving Final Map No. 2015-01 Southpointe at Regency, Park Phase 9.
Background:
The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In June of 2021, the Public Works staff was contacted by the developer Stonefield Home, Inc., a California Corporation, for Final Map approval for Southpointe at Regency Park, Phase 9. The Final Map was reviewed and deemed complete by the City's consulting firm.
Discussion:
The subject is generally located within the area bounded by Overland Avenue to the north, Verona Subdivision to the south, Place Road to the west and future Ward Road to the east, more specifically identified as APN. 424-120-020. The applicant is Stonefield Home, Inc., a California Corporation. The map consists of 36 single family lots on 5.68.± acres.
This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 . 79 Fiscal Impact:
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
80 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 9
AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT.
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 9 and accompanying Subdivision Improvement Agreement; and,
WHEREAS, the single-family residential subdivision consists of 36 lots on 5.68± 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. 2015-01 Southpointe at Regency Park, Phase 9 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. 2015-01.
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 15th 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 For APN/Parcel 1D(s): 424-120-020-000
EXHIBIT "A"
Legal Description
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:
THE REMAINDER OF TRACT NO. 2015-01, SOUTHPOINTE AT REGENCY PARK, IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MAY 30, 2019, IN BOOK 81 , PAGES 20 - 24, OF MAPS.
EXCEPTING THEREFROM THAT ONE-HALF OF ALL OIL AND MINERAL RIGHTS IN, UNDER OR OVER SAID PROPERTY, AS RESERVED BY VITO SPINA AND ROSALIE SPINA, IN DEED RECORDED JUNE 4, 1945 IN BOOK 806, PAGE 348, OF OFFICIAL RECORDS.
CL TA Prellmlnary Report Fonn - Modified (11 .17.06)
SCA0002402.doc I Updated: 07.10.19 3
Printed: 05.19.21 @ 10:29 AM by lM
CA-FT-SPS-1-21-FFOM-3012100603
83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 OWNER's STATEIIENT
1£ THE UNOERSIGN£D. IXJ HERE11'f STA1F 1H4T N£ NE TH£ OINfflS OR HU£ SOIi£ RIGHT. mu; OR tN1fR£ST OF RECORD IN THC WID SHOWN ~ 1HIS MN', AND N£ txJNSENT n, TH£ PREPARAnoN AND RECORDATION OF 'THIS AIAP. 11£ AlSD HEREBY OFFER NI lllliD0048IE OEI1/CA110N n> 711£ CITY or I.OS - AS &.SDIEN1S, FOR PUIJJ.JC ~ AU. PUBUC IJll/1"f tASEJl£NTS (PU4 IE' At.SO 0/HR NI ~ DEDICA110N 10 TIE CITY OF LOS &UriO$, ~ Ill; FOR Pla.lC ~ AU. s,1l£D RKiH1S OF !Mr,, ALL .4S SHOftN M 1HIS FM. MAP. ottN£R: ·..,,~ORM4 CORPORA110N
1ft: . ,
~ ...... . ,.....
iiiiG\
"'"' $--, {,r 2.2-
~~~ZCr.7.~~ A~ ; :w;:; ? ~ , _
SlliNA71JR£ I
":?h"t;,i."';lr!!. d· x..>~1c"t.~•H?'f', (ij.~(;~,:,_ v. r; PR/Nf'~ PRJNTmtE
NOTARY STATEMENT
A NDTNrr PU8IJC Of( OrHER 0FRC£R COMPl.£TTNG 1HfS CERln:41!" ~ ONJ..Y 1H£ IDEN11TY OF m£ INDlllfl)UAL 11HO SIGNED THE OOCIJMENT 1lJ WHICH THIS CERW1CA1E IS ArrN;HEJJ, AND NOT 1H£ 'fRI/THFWtESS. t,a;YRACY. OR VAU00Y ~ ~T DOCUltlEN1'.
~0,:-~·fL•,9( Ju (JN t:rr.1,::1.11' 2~-. . 20~ . BEFORE 111£. £"'0 -r".t:,?'."...- l e • ,,,,r :.o/ A NOfllff ~ P£RSONMJ.Y N'f'£MEIJ (!f'->t :. f~;f!t"fJ --=~ =-----'--------- WI«> f'fKNED 111 11£ ON 111£ 84SIS OF S411SFAC1!>'1Y IMDENC£ 111 BC 1H£ l'ERSDN(S) Ill/OS£ /INIE(S) IS/IK StJ8SCRflJ£D 10 1H£ WfTHIN INSTMAIENT, AND ~ 10 IIE ""141 HE,/SHE;/rH£'t EX£CUrED 1H£ SW!" ·" HJS/llflV'l>I01 AJJ1HOIIIZE1) """"'1'(E5l - ""'"' ~ -""""11111£{ ON 1H£ - 111£ PERS!>'l(SJ OR 711£ .ENr/TY UPON BEllAlf or ltfl/CH 711£ FERSON(S) AC1ED, EXCL'fllED 1H£ INS1RUUtNr.
I CEffflfY UNDDl PENALrY OF PERJURY UNDER 1H£ £MS CF 1H£ ST.Al£ OF CAt..MlWl'44 THAT THE FOREIXJING PNiAGRAPH/STRUCMJ/JaJRRCCf.
WflNCSSldlWI{) ~ . • , I) SJGNA11J11£, lt.v ..... ,,, ~ • .l-~, PRJNCl1IN.. COUNTY OF aL. P, ;Ftr:J;:,-;_•:;J
COMll1SSION NUMBER: ~~tJ ,~~i.t~s
Mr COIMSSIJN EXPIRES: ~~ ~ - :2-t-t.=-t ...
NOTARY STATEJIENT
A N<nARY PUBI.JC OR 01HER OFFIC£R CCIIPt.ETING THIS CDmFICA~ YERIF1£S ONLY THC ffJOl1'l1Y OF 1H£ INOMDIML ltHO SIGN£D 1H£ OOCINENT ro WHICH THIS C€RTIFICA1'£ IS Arr,4l;HED, AND NOT 1H£ TRtfTHFIJLNESS, -~ al WJMY OF 11W' OfXUll£NT.
~tY~§l'HCf!!J> ·1 £S.
ON ~"",' 3( . , :,oa , BEFrJREIK. £,.j(tJQc,i do, ~ :1#• A NOTNrf PUBl.JC, Pf:RSONAL1YJN£ARED ________________ _ ~& Je.r- ~ 14' .Q;2 :.c;,r, .sf'c""
N'l«1 PR<MIJ 10 IE ON 1HE &WS IJF SKIISFN:TOIW CKOEM% 10 B£ 1'£ l'ERSai(S) ll'10S[ NWC(S) IS/AR£ SIJ/J5CRIB£J) TO 1H£ WfTHIN INSllMIDIT, AND ACl<NtMLEDCED TD IE TIMT HC/SIE./THEY £XECUT£D 1H£ SWE IN HIS/ll(R/J1IBR NR1IORIZE1J 01PACOY(IE3A Nlf) 111,T BY IIIS/IIER/fll£}N SICNAIIJ/IE(S) ON 711£ wrTRUll£Nr 111£ POISON(SJ OR TH£ ENr/T'f UPON B£JIAIF or WH1QI THC PERSDN(S) AC1ED. EXEWIED 711£ INSIRUll£NT.
I CDmF'f IJNOCR ~ OF PENUR"r lHJ£R 1H£ !MS Of 1H£ SW£ OF CN..JFORNIA TH,AT 1H£ FORE.GOING PNUtCRAPH ,S 11llJ£ AND CORRECr. ..,,..
~~ . 4c1i'd~,a _ ..p- CllUN1Y or IHiJNESS, '1/Yle.~ce2 COMIJJSSXJN - ,J;J lf(p 2.fD IIY COINISSION EXPIRES! ~ ~ /(l - :1.$"
t.M1E- 5/.1/2022 a ·28 F1LE: M.·\tOOl72.,\S"""'J' Dn1~\ffl45£" t\SP Pf/9-0t.a.g TRACT NO. 201H1
SOUTHPOINTE AT REGENCY PARK -PHASE 9
BEING A StJ8DMSION OF LOT 2, AS SHOWN ON TH£ /IAP OF SOIJTHPO/lffE AT REGENCY PARK 7-tl, FILED IN VOLUME 85 OF OFFICIAL PLATS, AT PACES # ro 49, MERCBJ COUNTY RECORDS,
LYING IN THE: SOIITH£AST QUAKTfR OF SECTION 12, TOWNSHIP 10 SOUTH, /?ANG£ 10 FAST. MOUNT DIABLO BAS£ AND MDl/DIAN
l
Ill
I
CITY OF LOS BANOS. COUNTY OF MERCBJ, STATE: OF CAUFORN/A I/ARCH 2022
~ BENCHMARK ENGINEERING, INC.
~ 915 17TH STREET, 1/00ESTO, CAIJFORNIA, 95354
lil HEN1W MIUER AK°
I PROJa:T
5111!
HIGHIIIAY JJ "'
', &! ~ ~ 1>' '' ...........
I ~ I
OMITTBJ S/GNAnJRE STATfJIENT
~ !I
i:i'
I
lil
;
PtJRSlJNff ro SEr:fKJN 6li4J8 OF 1HE SUBDMSJ0N MAP JCT, 1HC fOU.O'IIINC SICNATIRES H41.£ BEEN OIIJ1TED:
1YP£ OF INTER£ST.• IN fi',KW OF:
lJEID REm1DICC,
SANffNn'SEM'mFASEJ/ENT'
ct1Y OF LOS 8NKJS BOOK J758 OF OfRCIAL MOORDS. PAGE 881, . 11.C.R,. R£CORD£l) 7 AIICUST. 1998 1lff' Of" INTER£ST: ANY RJGHr' OF E1fl'RY MID EAS£JIDflS ~ FOR THC PRODVCTKJN. EXPI..ORAT10N, OR S1M4GE" OF Oil OR lmlE.RN.5 IN litMW OF: ~ 9W4 ,WJ ROSAtJC SCW4 O£ED REFER£NC£: BOOK 806 OF OfFJCIAL RECORDS, PAGE Jf8. ltl.C.R., RCCJ)IIJ)E1J 4 JUNE. 1~
PLANNING COMMISSION STATEJIENT
I, STACY SOUZA £UIS. OIRECTOR FOR THE CITY OF LOS &WOS COltllllJNf1Y AND £CONOIIIC 0£VCJ..OPUENT' DEPARTll£NT. DO HEREBY STAll' 1™T I HoiK' £XAIIINE1J 1HIS FWAL MAP OF 7RACT NO. 2015-(JI SDtl1HPOiNT£ AT R£GDICY PARK - PHASE 9: AND 1H4T TH£ SU8DMSION IS st.mWnMUY 1H£ s-..wE" AS' JHollF SHOWN ON THC 1EHTA1M IMP ~ 8'1 1H£ arr PINHNC t:OIIIIISS10N at 1'E 11 l.Mr OF MitY, 2016, Ml> 1HIT 1'fS F1NM. MAP OF -m4Cr NO. 2015-0t S'OU1HPOINTE AT RE6ENCY PARK - PHASE 9" COIIPUES wmt ALL R£OUIREJ/Dl1S OF SAID Pl.MN/NC COIIMfSSION. ,,.m, 11115 __ "'' OF ____ • 20_
STN:Y SOtlZA D..MS, OOUIIIJNIT'f MD £CONOMfC DEYEllJ/IIIDIT OIR£CTOR arr OF L~ 8AN()S RIGHT ro FARM STAm.t£NT
PER ME1iCED COllNTY ORDftWC£ NO. 1213:
7HC PROP£R1Y DESCRIBF.D QN 1HE HEREON SHOWN I/AP IS II THC t'ICINf1Y or UND llTl.JZED FDR I\CRJQ.C.nAW.
PIJIIPOSES N/0 R£SIDENIS or 7IIIS PROP£R7Y ,,<Y BC Sl/llJ£CT 111 /HCOIMJ/JfHC£ OR MiCOIIFORT NIIS1N6 Fr«1li 1HC USE OF NXl/CUI.TVIW. CHOOQILS, INCI.UD.WG. Bl.IT NOT LW11ED 1D. PES1ICIDtS ANO FE1lTlUZERS. )NI) fROIJ 7H£ PfJRSJJf1" OF NiRICULTURAL OPCRATIONS INCI...IJIJIN(J BUT NOT Ultlf1ED ro, PUJWJNC. .ffAYWG. AND BIJRNJNG tfHK1I OCC45«':W4l.LY MitY GlNCM1C DUSr, SMQlcE NOISE.. AND ODOR. 7H£ COUNTY OF IIERCED HAS CSTABI.JSHE1J Aeaa.lnME AS' A PRIOINrY USE II ACRICU..111W. ZOIES 'INCH Ni£ -, OtJfS1D£ or -y AN ESTABUSHED SP£r:/FIC UR8AN tJMl.Ot'IIDff {SUDP) - RIMM. RES10EN1IAL CENTER (RRc) INTERCHANGE CEN1£R (HIC) 8llUNDNlY. OR ......,,,,.11/RN. SOMC£ CEN1FR (ASC) 8llUNDNlY. N,IO RESID£NTS U PROPER1Y IN 11£ VfC/NITf Of' StJCH AGRICUl.n.filL ZONES SHtJiJU'J BC PRUWi£D 1rJ A&C£F1" IHCOIMNJEJICE OR DISCOIIRJRT FROM Nt:JflJJM.., NEC£SSN« AQDt"a.MML ~ SUFND'OR's STATEIIENT
1HIS I/AP 1115 PREPAR£D SY 11£ OR IJNOER llr DIRECT10N AND IS BAS£1J UPON A F1ElJ) stNi\£'Y Ii CONFORIWiC£ WffH THC fl£WIR£JIENfS OF 1H£ $IJ8DMS/IJN WP ACT AND LOCU. OROINANCE AT 1IE R£QU£ST OF GREG Htl5rCTl.ER. IN JULY 2017. I HER8W STA1F ~T 1HIS FINAi. M4P SUBST'ANllALLY calFORIIS 10 ffE N1PRfMIJ M ~ N1PfKNED IDWTAm£ "4P. 1H4T AU. ltlOHVltlEHTS ARE OF 'TH£ OM4C1m MID OCCIPf TH£ POSmONS flltlllC4JED, OR 7™.T 11IEY KL B£ SEr IN TH0S£ POSITIDNS ON OR IJtFOR£ SW SV8DMSION IIIPROV£MEJl1S AR£ ACCEPTED BY TH£ arr OF LOS 8't'«1S. AND THAT 1'H£ IIONUIIENTS AR£ OR llfU. BE 'SVfflCIElff 1D DWJI.£ TH£ SVR\IEY 1V BC R!lJiACfll
0<1£D '.""f.. 7- fl> ,,or or ...MAY
~;-};:--. · - HMJf. biZ,w P.i.1 8tHO
. :za:!!;
CITY SURV£YDR'S STATfJIENT
I HER£8Y ST.41l' THAT I H4~ £XAMlNED 'THIS FINN. I/AP Al{/) ff CDltlPI.JES wrTH ALL D£ PROlfSIONS OF OW1lER 2 DI' 1H£ CR.JflJRNIA ~ MAP ACT, AS AMfME), AND 1HAT fHtS FML IMP IS m:w«.4U.Y C£WJfi:r. """' ... __ ''" .,. ____ , 2'!.....,
NMlND£R sw:n:.\ PLS 8719
/IE'il£WING CITY S/JRV£YfJR
CITY DIGINaR'S STATE:MENT
I HERE8'f STAFF 1H4r I ~ EXMIINED lH1S lW,4J_ WP ,WI) STA1£ n14r me SIJ8DMSION SHOWN HER£DN JS StlBSWl1W.lY-»E SWE' AS IT APP9RED ON TH£ TENT'ATII/£ ~. AND ANY A"PlitMD N:TERATIONS THERCOF, THAT AU. PROVISKJNS OF 'TH£ stJIJDM5KJN UAP ACT ,wo NIY LOCN. ORDINANCES OF 1H£ ctn' OF UJS BANOS AND M!RaZ1 {XJ(R(1'f, N'l'I.ICNllE AT TH£ rMIC OF APf'R'OMll. OF 1H£ n:HTA1M' JIN' Ht\£ BEIN ~ "'"'-·
"'m, nllS __ "''OF ____ , 20_.
SOKNIRORN THAN PE C91276 CITY fNQNEER ,
CITY CLERK's STATE:!IENT
l I..UCUE L liAWJNfE. CllY aDlX U 7H£ arr OF LOS &w,S, STA1£ OF CMllJRNJA, DO H£REB'f STA1l" 11ttT AT 7H£ RBlUI.M M£DWt; OF 1H£ CITY CCIJNCIL OF »IE CIT'f OF I.OS 8MIOS, STA1£ OF ~ H£J..D OH MS __ "'' OF =--=c=-= , 20_ , rJC ACCCl,IPNMNG F1NAL IIAP OF '"mAcT NO. 2015-Dt SOU1HPOINTf AT REG£NCY PARK - PHASE 9• NHS' APPJWM'D,· ACC£PTED ON BDW..F OF 7H£ PU8/.JC, F'OR PUBUC USC. THE ~Or~ ~~t'ALLALLAS"~ u::r ~~~ NiD TN£ OFFfR OF DEDICATION IN ,,.m, nr.; __ "'y OF ____ • 2'!.....,
i.IJau..£ L IIN..I1)N££. a,y a.£RK
arr OF LOS BANOS
RECORDER'S STAm.t£NT
F1lED 1HIS __ 114YOF ______ , 2Q.._, Ar ____ O'CLOCK _ 11. 1' l<>U.«E __ OF OFFICIAi.. Pu.TS AT PAG6 _ _________ __ , 11.C.R.
AT THE ll£DUEST OF 570NEF1£U) HOM£ INC., A CALJFDRNfA CORPORATION "'' ---- - - - ~ J. U\£Y. CCUN1Y RECORO£R
1ft: ----- ------• DEPIITY
VOLUME __ PAGE __ SH£ET 1 OF :J
85 I ~
~
2"-,au,A1JN1Huuj \'- ~,,.. CAP SfNIP£D ~ \ --.::,.
1011 R.C.£ 15JTD"(A) ~~.>
-:, \ ;;::·
LOT °1£ ~T ,,,v-rtlpo1~ ,, r, ' "" y p~~'
~c;E~~-OP-44
'ft>~~~\ ·, □'•- -....... \...'¢... ..........
~> \ ', GPS/GIS DITA/I. °"' ~ \ \ '!l '-,_ NOTTO~ ~ W,
~\ \Ii ", '\~\ ,i \ = \\ \... \
2" DIAM£TER ALUMII/UII \\ \ CAP_.,_,.. "c»>;/CIS--..__ ') \ ,021 R.c.E. ts.no· (A) --• \
~w-
,,:t .. "o2'E ,.,,,»t - , • .,..... - · 111}(BXC) R IOJOJJlf R•llf•DO" IINNlf02ll l ~ ,~• .. ,r .;, .-<MJ<•)(c) .~•·<11J<sJ<cJ " ·'"'(MX•X~ I I \ I ? ~ , I I ( • . «' ·~ -.,, .. 431
I~
429 I 414 Ii: 446 432
428 Ii: 433 5 415
u
SUBDMSION SUMIIARY
.J6 LOJS
STl1£C1S
rorAL
OVERLAND AVENUE -
I
I
~ ~ ~ -- 445 18
8 I gl 444
427
434 ~I 415 l~- - -
i
8 ~ IE ~
443
~ I ~--; ,.
I
-- - -~1 {
. o 2015rg~~cY - "
1~c;:t((i: ~£ 1
OU111 ,, - p-'f.l -
426
435
425
~ I 417
-- i
I -•• 1t.l·--
~ j I 418
' -io'5.!01 1Rl>c-r ~oE ~T ~£GE~cY
(JllT~po,tfl pl¥'s£ 1
- ' -~- 1 _,.ll2T E,.oorMJ/l1XCJ , 1 '> 1
1 s P~~, Brat (I
I I I I I TRACT NO. 2015:...01 l1 .
I I I I I SOUTHPOINTE AT R[GfNCY PARK - PHASE 7
' "''"f. l I 85-0P-50
-COULTER COURT -
04.1E.· 5/.1/2022 8:JO fll.E: M.·\100025\Sa~ ~~\1¥~- 51\SP PH9-02.rlwg
4.60N:11£S
1.08 ACRES
.. .. N:R£S
TRACT NO. 2015-01
SOUTHPOINTE AT REGENCY PARK -PHASE 9
BEJNG A SUBDMSION OF LOT 2, AS SHOWN ON THE: WI' OF SOIITHPOINTE: AT REGENCY PARK 7-11, FIi.ED IN VOWME 85 OF OFFICIAL PLATS, AT PAGES -U ro 49, MERCED COUNTY RECORDS.
LYING IN THE: SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE: 10 EAST, /,f()l)NT DIABLO BASE: AND MERIDIAN
CffY OF LOS BANOS, COU/flY OF MERCED, STAlF OF CAIJFURNIA MARCH 2022
~ BENCHMARK ENGINEERING, INC. V 915 1TTH smm; /,f(}l)ESfO, CAI.JFDRNJA. 95354 LEGEND
NOTE· AlJ. PIP£ S1ZES AR£ fNS1lJC 0VtMCTER
• FOUND J/f• IRON "PIPE TAGCm 'lS 6fHO" PfR (BJ, OR AS NrJTED • FOONiJ MOI/IJll£NT '1 MONUIENT llru '4GG!l> 'IS IJtH(}" PER (BJ. OR AS NOTClJ (Al FOi/NO GPS IIONUIIENf AS .,_, ON RU (AJ
O SET' J/4" x 24" IRON PIPE. TAGGm l$ 8040
0 SU .J/4" • z4• IRON ~. TAGGED LS 8040. IN MOMAIENT Mal .J~ ~~•~~~ ~ ~ RENi WT CORNERS .WO LOT
):( SET BIMSS TAC STMIPfl) LS lltUD IN COIICR£Tf AT 1.00' llfASIIRED PERP£HDICUlAR OR RAOMLLY FROM RKiltr...fJF-WAY ANGt.£ AND CUR't£ P01N7S SET IJRA.SS' w; S1MIPED LS 8040 IN aJNCRC1£ AT I.DO FOOT PROJf&TKJN OF AU. LOT UNE.S I/TO STREET.
(Ii) MfASIJRfD ON 1Ht$ S'WMY
tl.c.R. IIERCfD COl.lflY R£'CORDS
aP. OfF1CW. P'-'.15 I Pf/£ PtJBIJCllliJTY.£.ASEJIENT'
Ill/
llt" --"11"£SSCOIINER
~1111~
I
N07FS
r. ALL 8ENiJNG'S MD DISfNJCES SHOWN HER£rJN MC IIFASllRED UN(£SS UTHERWlS£ NOJED. 2. ML OISrNICfS JKJ OIIIDISIONS SHt:JllltN NK II FfIT NiD t:E:NiW. PNlrS THER£0F: 3. AU. R£t:0RD INFDRMliTIOli SHOWN IS FROII IIE'RCtD ClMITY REWROS.
BASIS OF 8f'ARINGS
A GlBSE1MD BENNN(; OF' N26"2J'J2"W IMS' 1/CASUREb FOR THE 1./Nc BETWEEN ~ 1021 NHJ GPS/GIS 1017 AS SHOWN ON THE GPS SURl£Y CCNrROI.. N£TW0RK Fll.£I) fN BOOK 28 OF S'LIRl£l'S', AT PACES 9 10 12, ll£RCED CtDf1'f R£C0RDS. NID IS THE &4SIS F'DR AU. 8£AR6'CS ON ™5 IIN'.
REHRENCES
(,V GPS st#MY aJNTROf. ~ BOOK 28 OF ~ PIIGES g 1V 1.Z M.CJI. (BJ 1ll4CT NO. 2015-01, SOIJIHPOl,(fE AT l1WENCY ,W,X 7-lt, "71.UAE 85 OF omci,i. PIA'IS. PACES 44 TO 49, 11,C.R. (CJ 1Ri4CT NO. 2015-01, SOIITHPOINTE AT REGENCY PARK - PH4S£ 7. K1LUMC 85 OF QC17GML Pl.A~ PAGES 50 TO Al M.C.R.
VOLUME __ PAGE: __ SHEET 2 OF .J
86 i!
l,
---- .... =~"'~- ------- a;~""'-~"""' •"'\ • ""'<::~ ~ ~g .. ,_,,.,,; --. -,_:,._ -----~- i w~ =~""- . i . ,g !AND A"111£- • a, ,.W.2~1Q.'W(B) ~~-.-,,;--~~ __,~:..:J..- r..St2.l'.1Iml ;. ----- = ' = •O W = > • -
lg _
7 0. • o• ___ ~ ~.
378
118 447 r ·r j - - - 11/r.J. IIY-- -~ - - ..11
·~~ s 4JC • - I:. I 4J1 W•s.F. I:; I ~' .. t~2 - ., .. ,.,, ,.21, s.r. I .i s.r. - I < .
3~ s ~ 1 I I'll 446 I b ,.. I •. ~ - .~ ~ I• i .,. . - - - -~ . . . ·- I .. >I ~ N • "'
411
ii 445 ~ "';;; li ,-'--- »: I ,_ - (I; . • • ---
' ; l , 380 II;! ,o• PUE R ~ •
381 • ij S > •· -·
40 ~ ,. ,., '
o , m ,, .. I =~ -- - - ~ ; S ' > • 415 e - - -
u f,125 SF. ,:,!
1 . N88',S'o2 '
38 2
• -- I I .1 ••w• '°'
ro . ~ - . ~ ' I • .,.,, s.r. I~ ~ 1· :::. ,:,1 4t6 ,- - - - I
.. <;,!) I C I .,,,,s., -
. -·· ,.,._..,. . x· ~ I x- --=-="'"' ' il !!.!
~ ., ,.L_ -,;:_:,"" I~ 407
38 ' •! ff2 .... H ~ .. ~ ~8 I ,a· PUE
- - - ... •~~ S66'J/1 / I < . ji • "'
1 ~ ~ J 25 · ~ I . I .,,,. s.r. , ~- . - • • >I - 384 ~i'- /ii½' l ~ 406 I .,, ,,.)' .. - . .., ... ---- l ,~,,. ! .·
. ~- ,:. ·- r"'"'<J~m! ,(_
/
5,ms.r.
-
l! -::::-_c.._~~ L-.L •l
~ 'ti, ii',(P ~ ~\ ~ 419 · - ~/ -......"'t.. :i ,0 l 1 ,.OJ,s.r. si- - --- + - .. -·· • --~ '2J \• . ~ 385
7,0J5 S.f. / 404
":_-, / 420
386 !!?
iii
440 ,u,, S.F. 438
8,211 S.F.
~
~ .$'. . ..ii¾ /',/..~·· 422
T,148$.F'.
- __..
I
-10· PUE
... J;r .
~ ~ ~ iii
~
421
1,297 S.F.
7,J89 S.F:
/
__ ,, ,._... 1 . \ . , \J ,, • .. .. --·· 1 "\\ r ·•r- us.a, 7f.09 0 us. ,s· . I I I I S81148'02"E 5.2-f.OO' \ I ' I , I 125.47 I I I I I .____,.,,
I I I I I I 388 I 389 I 390 I 391 I 392 I 393 I 394
L,,, s1,fiau_1..,. = '"' ,J,.,1 .. ,.., ,,,.,...Jv•= •1se J.""".d"" I I 395 396 397 398 399
403
402
- - , -
I ' 400
I
1401
I
TRACT NO. 2015-01
SOIJTHPOINTE AT REGENCY PARK -PHASE 9
B£JNG A SUBDMSION OF' L<JT 2, AS SHOWN ON TH£ MAP OF SOUTHPO/NTf AT REGDICY PARK 7-11, F/l£D IN VOLUME 85 OF OFFICIAL PLATS. AT PAGES # ro 49, MERCED COUNTY RECORDS,
LYING IN THE: SOUTHfAST OliAKIDl Of St:CTION 12, TOWNSHIP IO SOUTH, RANGE 10 EAST, UOUNT DIAB/..0 BASE AND ll£RIDIAN
CITY OF LOS BANOS. COUNTY OF MERCED, STATf OF CALIFORNIA MARCH 2022 t:rli BENCHMARK ENGINEER/NG, INC.
~ 915 17TH STREET, . UODESTO. CALIFORNIA. 9535-1
CUR'IE llATA TABLE CUR'IE llATA TABLE
ctJIM M.TA - UM:1H ctJIM llflTA /WJ/US l£NQH
c, 1:r49•55• 1D.J6.00' 2-'202' C21 2J't:J'07"' 51.00' 20.67' C2 12'49'55" ....... 215.90' C22 52".Jl'.JO'" s,.oo·
OJ 2'.15'14" ....... <J.5J' C,J 42"16'27'" 51.00' -· J7.6J' °' WJ.fW''" 29,00' 2J.sr C24 Jlf59'58'" s,.oo· J2.U'
cs ft'5.J'55" 2'.00' 2,.1,· C25 42'l6'27'" 51.00' S7.6J' C6 J'40'08" 29.00' 1.86' C26 51""22'48'" s,.oo· 45.lJ'
C7 21J"OB'Of• Sf.DO' 2f.J.12' C27 2N-4'SO'" 51.00' 21.7.J' cs !52'J0'28" !7.00' 46.7,f.' C28 46":UW''" 29.00' 21.'Jl' C9 4l'tJ'JJ" 51.()()' .Jil.70' = 21J'08·oa· 51.00' 243.12' c,o f4'0f'11· 51.(JQ' J9.2J' CJO J'Or.,,,.. IOJB:.00'
CII 44YJJ'5r. 51.00' J/1.22' CJI r,e•,o· JOJB:.00' -· 41.94' C'2 4r1J'•r 51.00' ,._,., CJ2 r10'1B• lll.J&.00' :n.21· CIJ MYU'IO• 51.00' ,U.54' CJJ TJ4'11" 98.f.oo· --0.24 --' Cl< W34'aJ" 2000' :zJ.57' CJ< 2'2.f."07" ....... 40.41' C'5 2l'28'24" 2000' ,a.ar CJ5 5":JB'Jlr ,ocnoo· 98.5D'
Cl6 25Y15'J9" n.oo· 12.10' CJli .,.,,.,,.. 1000.00' 125.46' Cl7 S'l6'22" 964.(X]' 88.72' CJ7 lf01'22" tornoo' 1"1.02' C18 5"16'22" Hf..00' IJIJ.72' CJ8 ,t!41J'J4. ,000.00' SJ.94' Clf ~uns· 10.J&OO' USO'
C20 46'J4'0:J" 29.00' 2J.5r
UN£ llATA TABLE I ,.,.-....._
I \
tJNC BtNIJNC - ~llllj~ -\ t.--,r•-i c,s J
" N44'54'2l"E 20.7J'
l2 Sf7'34'49"C 22.57'
I.J NfZ2J'2f"E 1!1.'lB'
" IH5'21'52"1t' 21.18'
NOTFS
1. 5Ef SHEET 2 FOR UCfNO, REFE1l£NCES. 84SISOF IJEARINCS. JJ,l(J O"THER MJJES.
VOLUUE PAGE __
I '-- _.. /
QillJLI
NOTIDSCAJI
- ....... /' \
I ~
\ C6 ;if,,/
, __ _..
.l}£J}JJ.JJ_
NOT J'D SCALE
,,,..1 ....... t,:L '(63' J'IM:: \ J
IDA/LJ.
NOTfflSCM.E
SHffi' J OF .J
87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 V') -
t-w
~
<(
a..
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
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 ace above this line for Recorder's use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this __ day of _____ _, 2022, between STONEFIELD HOME, 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. 2015-01, Southpointe at Regency Park Phase 9, comprised of36 single family residential lots on approximately 5.68 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, 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. 2015-01.
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#2015-0l
SOUTHPOINTE AT REGENCY PARK, PHASE 9
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 1st 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:
I. SITE PREPARATION $ 24,737.70
2. WATER $ 40,820.00
3. SEWER $ 39,080.00
4.CONCRETE $ 79,711.50
5.PAVEMENT $ 64,562.50
6. ELECTOLIERS $ 10,000.00
7. MISCELLANEOUS $ 7,000.00
TOTAL $ 265,911.70
2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $265,911.70 and Labor and Materials at 50%, $132,955.85 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$26,591.17 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
5% of Approved Engineer's estimate of $265,911.70 $ 13,295.59 Less: Deposit for Plan Check (Rec#0 1639179) $ (6,314.36) Less: Payment (Rec#0 173 8669) $ (6,981.23)
SUB-TOTAL $ 0.00
FINAL MAP REVIEW
Charges for Phase 9 $ 2,000.00
Less: Deposit for Map Review (Rec#0 1621219) $ (2,000.00) SUB-TOTAL s 0.00
TOTAL $ 0.00
Subdivision Improvement Agreement 2 FM#2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 9
92 4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $265,911.70 (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. 2015-01. 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 occur.
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 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.
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, ifit 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 Subdivision Improvement Agreement 3 FM #2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 9
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 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.
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 undertakings 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 #2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 9
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 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.
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. 2015-01 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.
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 (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 Subdivision Improvement Agreement 5 FM #2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 9
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. 2015-01, 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 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.
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 parties hereto.
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the ie"~ d ear/ in this AGREEMENT fi b . .I 1rst a ove wntten. / , 1
/
ATTEST:
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.
Attach a Notary Acknowledgement.
Subdivision Improvement Agreement
J , ,
Greg Hostet er
President
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
Manuel Thomas Faria, III
Mayor
PARTIES OF THE SECOND PART
6 FM#2015-0I
SOUTHPOINTE AT REGENCY PARK, PHASE 9
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 CALIFORNIA )
COUNTY OF ~ ~
On ~L \ \} ;rPa:r before me, -1-::~~---"-'~L..--_:_:::::...::........c...=___,L_-1 Notary Public, personally appeared tJ ------ , who proved to
me on the basis of satisfactory eviden to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me · that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ ~ (Seal)
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 BK
ITEM DESCRIPTION
A. SITE PREPARATION
1. GRADING
B. WATER
1. 8"WATER
2. 1" WATER SERVICE
EXHIBIT A
CIVIL ENGINEERING & LAND SURVEYING
915 17th Street• Modesto, CA 95354 • 209.548.9300
ENGINEERS BOND ESTIMATE
FOR
SOUTHPOINTE AT REGENCY PARK
PHASE 9 - 36 LOTS
LOS BANOS, CA
UNIT QUAN. UNIT PRICE
SF 247,377 $0.10
SUB-TOTAL
LF 691 $20.00
EA 36 $500.00
JOB#100025
11/16/2021
AMOUNT
$24,737.70
$24,737.70
$13,820.00
$18,000.00
3. FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 2 $3,500.00 $7,000.00
4. CONNECT TO EXISTING 8" WATER EA 2 $1,000.00 $2,000.00 SUB-TOTAL $40,820.00
C. SEWER
1. 6"SEWER LF 634 $20.00 $12,680.Q0
2. 4" SEWER SERVICE EA 36 $400.00 $14,400.00
3. STANDARD MANHOLE EA 4 $2,500.00 $10,000.00
4. CONNECT TO EXISTING SEWER EA 2 $1,000.00 $2,000.00
SUB-TOTAL $39,080.00
D. CONCRETE
1. 6" VERTICAL CURB & GUTTER LF 1,575 $13.00 $20,475.00
2. SIDEWALK (INCLUDING RETURNS) SF 6,639 $3.50 $23,236.50
3. RESIDENTIAL DRIVEWAY EA 36 $1,000.00 $36,000.00
SUB-TOTAL $79,711.50
E. PAVEMENT
1. 0.21' AC/ 0.50' AB/ 0.50' ASB SF 25,585 $2.50 $63,962.50
2. MONUMENT WELL EA 2 $300.00 $600.00
SUB-TOTAL $64,562.50
F. ELECTROLIERS
1. 1 SOW STREET LIGHTS EA 4 $2,500.00 $10,000.00
SUB-TOTAL $10,000.00
99 ENGINEERS BOND ESTIMATE
SOUTHPOINTE AT REGENCY PARK
LOS BANOS, CA
JOB#100025
11/16/2021
PAGE2
ITEM DESCRIPTION
G. MISCELLANEOUS
1. STRIPING AND SIGNAGE
3. EROSION CONTROL
NOTE:
UNIT QUAN.
LS
LS
SUB-TOTAL
UNIT PRICE
$2,000.00
$5,000.00
CONSTRUCTION SUB-TOT AL==-------->
10% CONTINGENCY------------>
CONSTRUCTION TOT AL------------>
AMOUNT
$2,000.00
$5,000.00
$7,000.00
$265,911 .70
$26,591 .17
$292,502.87
1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.
FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL
CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.
PREPARED BY TG
REVIEWED BY-----'-~--
K:100025\Estimates\Phase 9I2021-11-16_Ph9 Bond Estimate 100
ExhibitB
CONDmONs OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2015-01 - SOUlHPOINTE AT REGENCY PARK
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 ooncfdions of approval, within 30 days from Planning Commission approval. ff necessary, the revised Vestmg Tentative Tract Map shall be reviewed by the City Engineer and the Community and Ecol'l()mlc Development Director and signed by the Community and Economic Development Director for pu~ses of 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 Anal 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 irect 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 Hcensed in California or a professional engineer llcensed In California and qualified to practice land surveying, according to the SubdMslon Map Act, and local ordinances.
7. At least two points on the Final Map shall be tied to the Cafifomla 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.
6 101
..
10. When the submittal ha& been technically approved, the original mylars and a conformJng mylar will be signed and notarized (notary shaU 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 commerclal and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to.farm Ordinance.
13. Bulkflng 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 consJstent with Final Development Plan #2015-01.
14. Improvement Plans shall be submitted to the City for approval prior to/or concummt with the application for each final map and the follQwlng note shall be required: "The Contractor is responsible f~r 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 comer record shaB be flied 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 satimactton of all construction conditions of approval.
17. Off-site public improvement plan(s) shaff 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 unttl approval Is received by the Public Wori<s 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 t~e Engineer's Estimate for public improvements to be completed following recoroation of the Final Map.
18. Th~ project is subject to the appropriate Development Impact Fees as established by the City.
7 102
19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.
20. The applicant shall obtain City approval In advance for permanent and temporary on~site and off--site signs ttlrough separate sign reviews and boi,dlng 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 shaU 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 City Subdivision Polley that Identifies the Improvements required In order for a building pennlt to be Issued.
24. All structures, foundations, and footings for future buRdings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to mlnlmiZe structural damage resulting from potential seismic activity.
25. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requlling special structural design. On-site and off~slte structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be p~~red prior to Issuance of a gradlng .. permlt. 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 !f sons contain hazartlous materials. If ne~ssary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
27: Improvement Plans and Grading Plans shall delineate the location and design of all required waits and fences 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. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
8 103
30. 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 pem,its 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 anc;t the area shall be staked off. The project developer shaU notify a qualified professional archaeologlst. If the find Is determined to be significant, appropriate mitigation measures shall be fonnulated and implemented.
31, 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 th~s 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 sit& or any nearby area ~nably 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 llkely 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 shaU 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 llkely descendent or the most likely descendent failed to make a recommendation within 24 hours aftQr being notified by the commission; b) the descendent identified falls 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 9 104
200 feet of a residence, a slx•foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours. This requirement shall be incorporated into the specifications for au construction plans, subject to review and approval by the 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 resl~entlal units are under construction.
34. Temporary construction trailers shall be pennitted only In areas Immediately adjacent to or within that portion of the subdMslon 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 publlc right•of-way clear of obstructions, and provide for clean up on a daily basis.
36. Prior to acceptance of public improvements, alt 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 rrtter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.
Temporary vegetation on undeveloped porttons of the project site shall not be aHowed to grow taller than eighteen inches.
38. All contractors and subcontractors performJng work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work perfonned 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 6:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
40. The developer shalt 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;
10 105
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads; c. Silt fencing in$I1ed In accordance with the American Society for Testing and Materials standard 06462.
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. lnfonn construction personnel prior to construction and periodically during construction activities of environmental concems, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National PoHutton Discharge Elimination System (NPDES) pennlts admfnisterecl 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 shaU be shown on flnal maps.
43. Masonry walls shan be decorative and in confo!'Mance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.
Air Quality:
44. Housing units shall be oriented to maximize passive solar cooling and heating when. practicable.
45. Gas fired appliances shall be low NOX emitting appliances complying with California NOx Emission Rule #1121.
46. The developer shall comply with all appHcable Indirect Source Rule requirements of the San Joaquin Vaffey Air Pollution Control District. 11 106
Developer shall prepare an air emissions reduction if required.
Access and Circulation:
47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements shall only apply to Ward Road up to Overland Avenue Intersection and Overland Avenue.
48. Full width improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed in conformance with the phasing plan as approved by the Public Works Director.
49. No driveway access shall be allowed from or on Place Road or Overland Avenue.
50. Ward Road shall be designed wi~h a minimum 59' public right-of-way.
51. 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.
52. 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.
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.
53. 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.
54. 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.
55. 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.
56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
12 107
57. The developer shall be responsible for obtaining encroachment pennlts from the City of Los Banos prior to performing any work within the City's right-of-way.
58. The developer shall design and install traffic calr"1ing measures throughout the project area as approved by the City Engineer.
59. Traffic calming shall be provided on the existing and future castellana Street and Palermo Street
60. Traffic calming measures may Include, but are not limited to, raised intersections, speed cushions, stop signs, varied cross sections, and roundabouts.
LandscaJ>E! and Ligbtjgg QJ.§tr!ct
61. Prior to approval of any final or parcel map, the developer shall fonn or annex the subject prc>perty to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, slgnage 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 Califomia Constitution. The form, tenns and conditions and the tax rate for the fonnation of the Lighting and Landscaping District, or In the allemative the anne~tlon 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 wiO be apportioned to each parcel In proportion to the speclal benefit it receives. District formation or annexation shall be at the sole cost of the developer.
Utlllties:
62. The appUcant shall construct water, sewer. and stonn drainage facilities as noted on the Vesting Tentative Tract Map, In accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements. and the applicant shall work with t~e Public Works Oeparbnent in regards to needed Infrastructure and development during the Improvement Plan Review stage.
63. In oonfonnance with the Subdivision Map Act, the developer shall pennit Installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
64. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties. 13 108
65. All existing overhead utilities shall be placed undergroµnd with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
66. 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 utlttty tines.
Water:
67. The proposed project shall confonn to the requirements of the Los Banos Water Master Plan, Including payment of the water connection Impact fee.
68. Apprpved backflow devices shall be Installed as required.
69. Domestic water services shall not be placed in driveways.
Sewer:
70. The sewer collection system shan connect to the Meadowlands sewer 11ft station.
71. Upon issuance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable In· accordance with the Northgate Sewer Lrft Station Reimbursement Agreement.
72. 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.
73. Prior to submlssfon of improvement plans for the first phase of development. a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.
Storm Drainage:
74. The development shall provide storm drainage to the new basin, and then discharge directly to the San Luis Canal, as described In the Stonn Drain Conveyance and Punw 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.
75. Final Improvement Plans for the storm drainage system shall utilize the TR-55 analysis method.
76. Adequate capacity for the stonn drainage detention needs of Pacheco High School shalt be accommodated within the new storm drainage basin, 14 109
described In the Storm Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject to the review of and es may be modified by the City Engineer.
n. Poor to acoeptance of Anal Improvement Plans, the appllcant shaH submit verfflcatlon from the manufacturer that the pump station capacity is adequate for full basin to shut-off operational conditions.
76. Final Improvement Plans shall include concrete structures at stonn basin Inlets and ouUets. Rip-rap shall not be considered acceptable. The structures shall prevent nuisance water by diverting directly to the pump station.
79. AU development shall comply with the Phase II storm water regulations.
80. Final Improvement Plans for the stonn drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
81. 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.
82. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.
Public Safety:
83. Fire department requirements for the placement of fire hydrants shall be oomplete prior to approval of development permits.
84. Fire hydrants shall be Installed at locations approved during the Improvement Plan stage and shall be Installed based upon City stand~rds.
85. The developer, as specified by City development standards, shall Install •e1ue Dof' fire hydrant locators.
86. Each residence shaU have a 6-inch lighted address numbers of contrasting color installed on ~e front elevations or alternative size as agreed to by developer and Fire Chief.
87. 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.
88. Fire hydrants (or other methods approved by the Fire Chief) on Overtand Avenue shall be in ptace and functioning prior to approval of the first 15 110
residential building pennlt. Fire hydrants (or other methods approved by the Fire Chief) shatl be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.
89. Street names shall be approved by the Rre Department.
90. Driveways, pandng lots, water llnes, fire hydrants, and underground utilities shaft be completed prior to Issuance of building permits.
91. Upon completion and approval of the project plans, a CO shall be submitted to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (I.e. Fire Department pr~lanning).
Landscaping:
92. 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 buftding pennlt issuance and shall be approved by the City Engineer and Community and Economic Development Director.
93. The developer shall comply with the adopted street tree ordinance.
94. Masonry walls shall be landscaped with vines to discourage graffiti.
95. The appticant shall submit landscape and irrigation plans wfth each phase of the Improvement plans for City review and approval of streetscape landscaping.
96. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 pereent of frort yards. Turf varieties shall be chosen for drought tolerance. lnigatlon systems shall be set to minimize water use and spillage onto paved areas.
97. Landscape plans shall be designed in accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 16 . '
111
THIS PAGE IS INTENTIONALLY LEFT BLANK
112
'--../
§
VESTING TENTATIVE SUBDIVISION MAP
SOUTH POINTE
AT REGENCY PARK
LOS BANOS, CAUFORNIA BE1NG A SUBDMS10N OF A Ff/RT/ON OF SEr:rl<IN 7, 1flWNSHP ID SOUTH, RANGE It EA5T. /WO SEr:l10N IZ. TrJftl/SHIP 10 SOUTH, IINiGE ID EAST.
IIOIMf DWl/.0 IMSE" ANO-,,,. IN 11£ CITY OF I.OS - COONTY OF lo1E1ICW, lJA~ OF CALf"ORM4 NOR»llfJlllfE APREGENCY PARK
i1,Ersl -
- --
- --- -····-----
IIIEETIG
• '
•
.J!!!£
--......,...,,,. -- • ---- --
BftRr&IMllf'MIHOfWINaAllrlJPY NAM
6 I/JIITYl'CAN
J1JJIJiE8
A•HMIDBIJ
=:fDa&lfima. c ,,.., __ ""')_,,.,. ---
~~TJmMtC
.!Er $TAZfJQT Qf $1/lPWQ' cu-.aa•orr•LOS.._ ...... aa:. -«UIOlt._l-UliO.) I ~za:=u .. "ftutJ..aJl.tm-ZIIJ--M$ ...,-.,Oarro,«11Mm.-.as.,,,-.. ,._,,_OPINIIIIIIJPfJIISl68""l'UJMZIIR111aaor. $J ... smr,,ra,rr,us811ldSM.--lJ#1'GAIIP. .,
M
!
,,,
ill
..,
- =-~---" '/a"! ~"'f ;.,°',A". Ht, ..
'='"" "
JJl11a.
Q
I
L ~·-6~Mo1liMlilNcr-iiiiiltmiilll»,_ 111 ~
'
llllllJ£.EJIIIWIITl'lJ#1D•111»~r11tt1GIM
wrm SM~UltMellLll!EsraMISl'AIAlAIROUE. UITAID.~IDKClfrRlt.sJta'-~OISISIQ'IVi'IIIU" .WNIE)llr,-l'INMl#ODWIIIDT, an'OFUIIS'MIIO& 0llffllNl
• c:I
~ii!
-► (!J~•1 :z!§·
iiil
_ ..... ~ .. i wi ~i5~1 ill1 (.) Ill§
i5~
mu
EB
1 m1
1 1 qt
-"'---"""---
Dlll!__!l!!l!!...._
... ..______
.. ~
~~~ .. ~-$$L El:EIW ttalllflll~IIMDIW,_~_,,IUIMC c::dlMl'5DI' __,.. ~t;J, ll31IC' 1fMlJM' J1ICT _,.11Jl5--CI. l'larl'lll!aJlvan,
~lL
113
,.i11111m911H IWfOlf
I I
~~'"lw jJIJj I I eNIA~~~To~~m1,,Ar:> ~ 1---........:-=3INIO,IWIOS=-=-=-=•="""::.::-=--; ; ~ !I N .., f 'ONI '9NIH33Nl9N3 }IHVWHON~B ~ NY1d 10tUN0:> "1YJN0DIOH 1 ; ~ I I -z-i I
'
I
i
l
~~~ I UJ I [L(ljF)ll I JJJ 11 In I
114
..:.""'-="- ea,"'!"',,::,:i.-? us EB DNIA!IAllnS CINY'1 t ONIIIDffl>N!I 11A~ -rJ1a'?"7r ':>NI '8Nll:l33NroN3 )11:1Yfflf:>N38
·~ .. +·,.,\.\\!. '
\ '~ii \:\/1 : , I 11
,·, {: '1l 1l:1 '
i· I
i
JJ
l
~
_
h ! ,_, ' . .
' '1 :: ' l
,. i l , I
..
' ' i . I' l I
--- >lllYdA:>NifSIIJ.Y
il1NIOdlWI08 ... 4WIIIIAII.YJllll.lll&lli\
NY1d DNKMl8
I !
I
!
I
I
I
115
I AS f • f • f ,; ! ;lft' I -!- 3 ..r ... I' I"
rlOf'a-.tlllDa-.it
,OCJW(JTUIS-$111
..U~•~
ts:r n,rcAL !R'REETSECnON
..
.. ~ ---r ~-
_._,.<l'a..,_ll___. ! ~-=-==r. :; ... :. i
·i: "9art(F'f#-ffl ,.....,__. ......
.-..r-4116..,, ll!STOFOl.9lUAM45111EEr
'12' OVERLAND AVEMIE STREET SECTION_
~ -- T -:: :: :. i i I§#'=' rt0ta1111Uf!Pa...v
ff'IJtal'tt,'iaJ..OSSID ,....,.,__. .......
«AtS • ..., it st-Cl EAST OF C4S1!llAM S7mJ'
12'0VERLNJDAVD«JE STREET SECTION
~~~ r . t . ~ J : _: :_ l' 1
~ • :a"'-
c...:ma•___,/ - .
,=
-
---ii -
~-•~
-- ~--· ··- ~ _,._._. tmaw....., • .._ a,.:aa:.-...
1111' PLAJ:E ROAD B11lEETSECTION
NMnl OF Olf'JWAM) .-MME
'12' WAROROAD $TREE1'_BECnON
..
--
-
- :=.j n I I ;r--- I I ___ .. w,
:v, \ 1--uJ/·•J~ .. -.. 1q: ';m"f.r";-.:::«:::-,6 '-\l'mlll!IDWICW'ailfl5IJICDI' f'"llllt"a.M_.A_,.. lmlS#..,,1 .. S1◄ SJDUIHOF'OIGIMl)AllMf: :u~~i:ss::-· - - 108' lt'_ARD ROAD !R'REET BECn0N
"'
,• ., .,.
~f
······--· ·-----
l
-.1111::..111i
I
..
~ I
I
'1 b
lfi (!II
=-= -~ ilil 6m ... ( z:_.11
~~
EB
~ 1
i
1 1'1 . 1.1,1 111 ~~ c:,
..
~
.....,,..._
.. "'""-"""-- ....._..___ .........__ --
4 .. 5_,.
116
;I
!
1 :t!:
I
I l
.
I
1 \ ii
' . '
'
\
\
11 . \ I
J)
\
\
\
I
...:.-...=-- ecn~~'"'f,.. EB 11~""lv ~l! j j ! I I l 9NIWHRS aNn I 9NHlllllNl9Ni 1IAI:) ..,. --- • ! II) ! -n d ro/r ':)NI 'ONHliiNIONi >IHVWH:>NiB 1---~ 11n1 = .unun ==---1 / u ~ { ! ;
117
THIS PAGE IS INTENTIONALLY LEFT BLANK
118
LOsBanos
At the n . n,ads of C" ~, .,ruia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 15, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Adopting a revised budget for the Fiscal Year 2021-2022 as it pertains to expenditures in Fleet for Gasoline and Oil
Recommendation:
That the City Council adopt the Resolution to amend the budget for the 2021-2022 Fiscal Year by increasing expenditures for Gasoline and Oil in the amount of $25,000.
Background:
The City of Los Banos approved appropriations for the 2021-2022 Fiscal Year Budget in Fleet for Gasoline and Oil in June 2021. During the mid-year budget review on March 2, 2022 Gasoline and Oil was increased by $50,000. An additional increase of $25,000 is needed to cover fuel costs for June 2022.
Discussion:
The Public Works Department and the Administration Department gasoline and oil costs are paid for in the Fleet Budget. During Fiscal Year 2021-2022, there has been an unanticipated increase in fuel prices. Staff estimated an increase to the budget during the mid-year budget review, however an additional increase is necessary to cover costs for the month of June.
Fiscal Impact:
The impact to the Fleet Fund is to increase appropriations to expenditures in the Gasoline and Oil account 601-480-210-265 by $25,000.
Attachments:
Resolution
119
THIS PAGE IS INTENTIONALLY LEFT BLANK
120
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS AMENDING THE
FISCAL YEAR 2021-2022 BUDGET AS IT
PERTAINS TO THE EXPENDITURES IN THE
FLEET FUND FOR GASOLINE AND OIL IN
THE AMOUNT OF $25,000.
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2021-2022 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 include $25,000 in expenditures for the Fleet Fund in the Gasoline and Oil account 601-480-210-265; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the Fiscal Year 2021-2022 Budget to include an increase of $25,000 in expenditures for the Fleet Fund Gasoline and Oil account 601-480-210-265.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
121
THIS PAGE IS INTENTIONALLY LEFT BLANK
122
TO:
FROM:
DATE:
LC>sBanos
At the C1·oss11,ads of California
Agenda Staff Report
Mayor and Council Members
Ray Reyna, Acting Fire Chief
June 15, 2022
SUBJECT: Budget Amendment, Fire Department Radio Tone Equipment TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve the increase in expenditures from the American Rescue Plan Act Funding in the amount of $14,000.00, to support the purchase and installation of a Fire Station radio tone splitting system.
Discussion:
The Los Banos Fire Department receives all Fire and Medical dispatches through the Los Banos Police Department Dispatch Center. The Dispatch Center alerts Fire staff through the radio tone system of calls for service 24 hours a day.
The new radio tone splitting system will allow dispatchers to either alert Station 1 or Station 2 for minor calls; or both Stations simultaneously for major calls. In addition, this will provide for the wellness of our staff by preventing fire staff at both stations from being woke up at night for a call where only one Station is being dispatched.
The Department has received a price quote from the City's current radio vendor, Cooks Communications. Cooks Communications designed and installed the Police/Fire Radio system in approximately 2010/2011 and is fully capable of adding this equipment to our current system. The total price quoted for this upgrade is approximately $14,000.00. 123
Expenditures:
ARPA: 206-41 0-1 00-752 $14,000.00
Fiscal Impact:
Increase expenditures for the FY 2021/2022 budget in the amount of $14,000.00.
There are no on-going fees associated with this equipment. / - Reviewed by: ~
... ( '!ttfo
124
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE
2021/2022 FISCAL YEAR BUDGET AND
APPROVING THE INCREASE IN EXPENDITURES
OF THE AMERICAN RESCUE PLAN ACT (ARPA)
FUNDING, IN THE AMOUNT OF $14,000.00, TO
SUPPORT THE PURCHASE AND INSTALLATION
OF A FIRE STATION RADIO TONE SPLITTING
SYSTEM
WHEREAS, Los Banos Fire Department staff are on-duty and available 24 hours per day to respond to fire and medical calls for service; and WHEREAS, the dispatching radio tone system currently is set up to alert both Station 1 and Station 2 simultaneously when dispatching fire or medical calls for service; and
WHEREAS, a radio tone splitting system will allow 9-1-1 dispatcher to either alert Station 1 or Station 2 for minor calls; or both Stations simultaneously for major calls only; and
WHEREAS, a radio tone splitting solution has been identified through the current Police and Fire radio vendor to update our current system.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve an increase to the appropriation limit for expenditures in the amount of $14,000.00 through the American Rescue Plan Act (ARPA) account. The budget account number is follows:
Expenditures:
ARPA (Fire): 206-41 0-1 00-752 $14,000.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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:
125
APPROVED:
Manuel Thomas Faria 111, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
126
TO:
FROM:
DATE:
LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor Faria and ~o~ cil Members
Sonya William~ ;nce Director
June 15, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: To Receive Public Comment and Consideration of the Appropriation Limitation for the 2022/2023 Fiscal Year (FY)
Recommendation:
The following actions are requested of Council to complete the process for this year:
• Action Item 1. Hold a Public Hearing concerning the Appropriation Limitation for the 2022/2023 FY.
• Action Item 2. Population and inflation options must be selected by a recorded vote of the City Council. This is a requirement of Proposition 111. For the inflation factor, Staff is requesting that Council select California Per Capita Personal Income. For the population factor, staff is requesting that Council select City Population.
• Action Item 3. Council adopt the attached resolution of the City of Los Banos Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for Fiscal Year 2022/2023. This Resolution adopts for 2022/2023 FY: (a) the annual adjusting factors of California Per Capita Personal Income at 1.0755% and City Population at 1.0102%, and (b) the 2022/2023 FY Appropriation Limit of $115,399,111.
Background:
In November 1979, the California voters approved Proposition 4, which created Article XIIIB of the State Constitution, a state law that requires the state and local governments to adopt an annual appropriation limit. This limit, also referred to as the "Gann Limit", 127
establishes a limit on the proceeds of taxes that may be appropriated for spending in a given fiscal year. The limit allows the City's spending of tax proceeds to increase only by population growth and cost-of-living factors for the base year of 1978-1979. In June 1990, Proposition 111 was passed which changed the way the limit is calculated and is outlined as follows:
The City may increase its limit annually in two way:
• By a percentage equal to the increase from the preceding year in county or city population (whichever is greater).
• By an amount equal to the change in per capita personal income in California or the change in the assessment roll the preceding year due to the addition of local non-residential new construction (whichever is greater).
The proposed appropriation limit for Fiscal Year 2022/2023 is calculated as follows:
FY 2020/2021 Appropriation Limit
Multiplied by percentage growth in State Per Capita Personal Income Multiplied by change in City Population
Proposed FY 2022/2023 Appropriation Limit
$106,211,791
1.0755
1.0102
$115,399,111
The proposed appropriation for FY 2022/2023 of $27,446,248 is significantly below the allowable limit.
Fiscal Impact:
The Gann Appropriation Limit sets a spending limit for the amount that the City can legally tax the citizens of Los Banos. The fiscal impact of the Gann Appropriation limit would be the limitation of the City's ability to tax the citizens if it surpassed the $115,399,111 amount · taxes. The City is at 23% of the proposed limitation.
Attachments:
Resolution
Exhibit A (Gann Appropriation Limitation Calculation)
Public Hearing Notice
Department of Finance Letter regarding price and population information 128
RESOLUTION NO. ----
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS SETTING THE TAX
RELATED APPROPRIATION LIMIT IN
COMPLIANCE WITH PROPOSITION 4 AND
PROPOSITION 111 FOR 2022/2023 FISCAL YEAR
WHEREAS, there has been presented to the City Council of the City of Los Banos the Appropriation Limitation Analysis; and
WHEREAS, the City Council has selected the population and inflation factors used in the Appropriation Limitation Analysis; and
WHEREAS, a Public Hearing was duly held on June 15, 2022 providing an opportunity for City Council to review the Appropriation Limitation Analysis and to allow for public comment; and
WHEREAS, said Appropriation Analysis as presented has been reviewed, examined, and approved by the City Council of the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that the annual adjusting factors of California Per Capita Personal Income at
1.0755% and City Population at 1.0102% is hereby adopted; and BE IT FURTHER RESOLVED that the City Council of the City of Los Banos that said Tax Related Appropriation Limit of $115,399,111 is hereby adopted by the City Council of the City of Los Banos, a copy of which is attached hereto as Exhibit "A".
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
129
THIS PAGE IS INTENTIONALLY LEFT BLANK
130
FY 2021-2022 Appropriation Limit
City of Los Banos
GANN APPROPRIATION LIMITATION
Fiscal Year 2022-2023
A. Change in California Per Capita Personal Income
( converted to a ratio)
B. Greater of the Change in Population
1.0755
(converted to a ratio) 1.0102
City of Los Banos 1.0102
County of Merced 1.0088
$ 106,211,791
Adjustment factor (A multiplied by B) 1.0865
FY 2022-2023 Appropriation Limit $ 115,399,111
City of Los Banos Tax Approriation Limit - 10 Years
FY Population Limit
2022-2023 46,639 $ 115,399,111
2021-2022 42,869 $ 106,211,791
2020-2021 41,923 $ 98,080,886
2019-2020 41,898 $ 93,117,712
2018-2019 40,986 $ 87,483,758
2017-2018 39,993 $ 82,376,420
2016-2017 39,359 $ 78,178,248
2015-2016 37,145 $ 72,893,471
2014-2015 37,168 $ 69,774,549
2013-2014 37,017 $ 69,268,886
131
EXHIBIT A
2022-2023 FY Appropriation Limitation
Resources: Appropriations:
Total Not Subject
Proceeds of Taxes:
Property Tax
Property Tax in lieu of VLF & Sales
Sales Tax
Special Taxes -PS Augmentation
Special Tax - CFD 2002-01
State Subventions (VLF, HOPTR)
Documentary Stamp Tax
Transient Occupancy Tax TOT
Franchise Fees
Total Proceeds of Taxes:
Non-proceeds of Taxes:
General fund not tax proceeds
Special Revenue Funds
Capital Project Funds
Debt Service Funds
Enterprise Funds
Internal Service Funds
Total Proceeds of Non-Taxes:
4,742,000
3,686,776
10,681,828
4,221,390
1,646,378
65,000
265,000
403,200
662,641
26,374,213
4,522,857
19,893,259
333,500
22,546,210
3,439,333
50,735,159
0 4,522,857
19,893,259
333,500
22,546,210
3,439,333
50,735,159
Total of All Resources: 77,109,372 50,735,159
Maximum Allowable appropriations subject to limitations 2021-22 FY Balance Under Article XIIIB Limit:
Subject
4,742,000
3,686,776
10,681,828
4,221,390
1,646,378
65,000
265,000
403,200
662,641
26,374,213
26,374,213
115,399,111
89,024 898
132
5/26/22, 10:16 AM Adportal Self Service Advertising Confinnation THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.
Order Number:
IPL0075144
Order Status:
Submitted
Classification:
ORDER DETAILS
Legals & Public Notices
Package:
MER - Legal Ads 2x
Final Cost:
83.66 Payment Type:
Account Billed
User ID:
IPL0023386
ACCOUNT INFORMATION
CITY OF LOS BANOS - CITY HALL - FINANCE IP
520 J STREET
LOS BANOS, CA 93635
209-82 7-7000
[email protected]
CITY OF LOS BANOS - CITY HALL - FINANCE
TRANSACTION REPORT
Date
May 26, 2022 1:15:51 PM EDT
Amount:
83.66 SCHEDULE FOR AD NUMBER IPL00751440
June 3, 2022
Merced Sun-Star
June 10, 2022
Merced Sun-Star
PREVIEW FOR AD NUMBER IPL00751440
Public Notice
Notice is hereby given that the City
Council of the City Los Banos will hold
a Public Hearing for the proposed Fis-cal Year 2022/2023 City Budg~t and a Public Hearing for the Flscal Year
2022/2023 Appropriation Limitation
as follows:
Date: June 15, 2022
Time: 6:00 p.rn.
Place: Council Chambers
City Hall
520 "J'' Street
Los Banos, CA 93635
Questions regarding the above refer-enced Item may be directed to the Finance Department ·at City Hall or
(209) 827-7000.
W00.000000
Publication Dates
« Click here to :grint a printer friendly version »
https://placelegal. mcclatchy.com/legals/merced/home/confirmation .html?id=67 487 &returnto= 1/1 133
THIS PAGE IS INTENTIONALLY LEFT BLANK
134
._flT o,._ i\f\ 111 Ill o 0 ,.,
• OEPARTMOO OF Govin Newsom ■ Governor c1 ''""1 .. '~f I NANCE ______ 1_0_2_1 _0_S_tr_ee_t_, Suit 10 ■ acra ,.... www of.c .g ov
OFFICE OF THE DIRECTOR
May2022
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriaffons Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1. 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B. section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leqinfo.leqisiature.ca.gov/faces/codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916} 323-4086.
KEELY MARTIN BOSLER
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
135
THIS PAGE IS INTENTIONALLY LEFT BLANK
136
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:
Per Capita Personal Income
Fiscal Year
(FY)
Percentage change
over prior year
2022-23 7.55
8. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:
Per Capita Cost of Living Change= 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio:
Population converted to a ratio:
Calculation of factor for FY 2022-23:
7.55 + 100 = 1.0755
100
-0.30 + 100 = 0.997
100
1.0755 X 0.997 = 1.0723
137
THIS PAGE IS INTENTIONALLY LEFT BLANK
138
Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions•
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 County
City
Merced
Atwater
Dos Palos
Gustine
Livingston
Los Banos
Merced
Unincorporated
County Total
Percent Change
2021-2022
-1.15
-2.06
-1.92
0.49 1.02
0.97 1.91
0.88 I2fgl_
PopulgHon Minus Exclusions --- Population
1-1-21 1-1-22 1-1-2022
32,019 31,652 31,652
5,835 5,715 5,715
6,098 5,981 5,981
14,340 14,410 14,410
46,168 46,639 46,639
88,200 89,058 89,058
88,173 89,856 90,883
280,833 283,311 284,338
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, slate and federal correctional institutions and veteran homes. 139
THIS PAGE IS INTENTIONALLY LEFT BLANK
140
LOsBanos
At the Crossroads ~f California
Agenda Staff Report
TO:
FROM:
Mayor Faria and Cit) Council Members
Sonya Williams~ nce Director
DATE: June 15, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: To Receive Public Comment and Consideration of the 2022/2023 Fiscal Year (FY) Budget
Recommendation:
To complete the preparation of the City of Los Banos 2022/2023 FY Budget, the City Council is requested to take the following actions:
• Conduct a noticed Public Hearing to solicit input on the Proposed Budget for 2022/2023 FY.
• Adopt a resolution by the City Council, which approves the 2022/2023 FY Budget.
Background:
The City of Los Banos adopts an Annual Budget prior to the beginning of the new fiscal year that starts on July 1st. In preparation of the Budget adoption, the City held a City Council Budget Study Session on June 1, 2022. The session reviewed the next year's Proposed Budget for the City. Adoption of this proposed resolution completes the 2022/2023 FY Budget process and authorizes a July 1, 2022 start date for the new budget year as well as defines the updated employee salary schedule.
Discussion:
The following described exhibits are made part of this resolution for adoption:
• Exhibit A: The Summary of Fund Balance for the 2022/2023 FY this sets forth by fund the estimated revenues, transfers in and out, and the proposed expenditures.
141
• Exhibit B: Salary Schedule (Policy & Procedures Manual - Division 4) - presents the 2022/2023 FY employee classifications, positions authorized, and salary ranges for all employees.
• Exhibit C: The Capital Improvement Plan Summary which outlines a five year plan that identifies capital needs throughout all City Departments. The Proposed Budget book will include a breakdown of the Capital Improvement Plan by department and/or function.
In Exhibit A, the Summary of Fund Balance for 2022/2023 FY, it should be highlighted that:
• General Fund unassigned beginning balance is estimated at $20.5 million, ending at $20.6 million (excluding Measure H assigned funding), utilizing estimated revenues of $21 million to pay for operational costs of $20.9 million.
• City-wide revenues are estimated at $77.1 million and City-wide expenditures are proposed to be $101.6 million, with a City-wide estimated ending balance of $123.4 million.
• The major revenue factors include a 2% increase in property tax revenues and a 4% increase in sales tax revenues.
• The major expenditure factors that have affected the City's proposed budget include continued increases to personnel costs, including salaries, health and retirement benefits. Additional sources include increases to workers compensation, liability insurance and electricity and gas. • The enterprise budget includes a 3.21 % CPI increase in revenues for water, wastewater and solid-waste services, this will increase utility customer rates by a minimum of $3.05 per month or $36.63 annually.
In Exhibit B, the 2022/2023 FY Salary Schedule includes the following changes:
• Remove a vacant Assistant Public Works Director position • Add a Public Works Operation Manager Position
• Add an Engineering Technician Position
• Add a Maintenance Mechanic I Position
• Remove a vacant Recreation Coordinator II Position
• Add a Recreation Supervisor Position
• Adjust Police Service Manager Salary Range
• COLA increase as follows:
• 3% for all miscellaneous or unrepresented employees' classifications • 2. 75% for Police Officers Association and Police Sergeants Association
• 2% for the Firefighters Association, the Public Works unit and all Dispatch and CSO's
142
In Exhibit C, the Capital Improvement Plan Summary includes the following major projects:
• General Fund: downtown improvements, citywide camera project, police vehicle replacement program, fire equipment replacement. • Measure P/lmpact Fees: new police station facility.
• Parks and Recreation: splash pad construction.
• Water: Water line replacement and water valve replacements. • Wastewater: sewer line repair, sewer lift station rehabilitation, addition of potable water line, replacement/rehabilitation of sewer manholes, and the land purchase of future storm basin site.
• Solid Waste: clean closure of landfill site.
• Information Technology: network/server replacements, and desktop/laptop replacements.
With the 2022/2023 FY Proposed Budget, staff is will be utilizing a combination of funding resources to fund the Capital Improvement Projects.
Fiscal Impact:
The 2022/2023 FY Budget is fiscally responsible, and indicates the continued efforts to maintain the fiscal health of the City. It is important that the General Fund maintain its fund balance reserve. In the 2010-2011 FY, City Council adopted a Fund Balance Reserve Policy to maintain thirty percent (30%) of the General Fund operating expenditures in reserves for City operations. We anticipate being able to maintain existing services at their current level for the current and upcoming fiscal years.
Through the 2022/2023 FY, the City will be reviewing the Budget on a semi-annual basis. The 2022/2023 FY Proposed Budget is available for review on the City's website www.losbanos.org a at Ci Hall.
Resolution
Public Notice
Exhibit A - Summary of Fund Balance
Exhibit B - Salary Schedule
Exhibit C - Capital Improvement Plan Summary
143
THIS PAGE IS INTENTIONALLY LEFT BLANK
144
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING THE 2022/2023
FISCAL YEAR BUDGET, INCLUDING EMPLOYEE
SALARY SCHEDULE (DIVISION 4), OF THE LOS
BANOS POLICY AND PROCEDURE MANUAL
AND THE CAPITAL IMPROVEMENT PLAN
SUMMARY
WHEREAS, there has been presented to the City Council of the City of Los Banos a Proposed Budget for the 2022/2023 Fiscal Year; and WHEREAS, the Proposed Budget for the City of Los Banos has been reviewed by the City Council at the City of Los Banos Budget Study Session held June 1, 2022; and
WHEREAS, a Public Hearing was duly held on June 15, 2022 providing an opportunity for City Council to review the Proposed Budget and to allow for public comment; and
WHEREAS, the City Council seeks to reserve the fund balances in the Committed Fund Balance accounts as it pertains to the new police facility; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that the 2022/2023 Fiscal Year Budget, including the Employee Salary Schedule and the Five-Year Capital Improvement Plan summary, as approved by the City Council, is hereby adopted; and
BE IT FURTHER RESOLVED that:
1) That Exhibit A - Summary of Fund Balance, Exhibit B - Employee Salary Schedule, Exhibit C - Capital Improvement Plan Summary are attached and made a part of this Resolution. Within each fund in Exhibit A, the estimated revenues presented are recognized, the Transfers In and Transfers Out are authorized, and the proposed expenditures are appropriated; 2) The City Manager is hereby authorized to transfer, per occurrence, up to $100,000 in appropriations for the General Fund and $50,000 in appropriations for any other fund between accounts within other funds in Exhibit A as a budget adjustment to meet unforeseen events;
3) The City Council of the City of Los Banos commits fund balance of $250,000 each, in both the General Fund and Measure P - Police for furniture and fixtures related to the new police station.
145
4) The City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2022/2023 Fiscal Year by action to amend this budget.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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:
ATTEST:
Manuel Thomas Faria 111, Mayor
Lucille L. Mallonee, City Clerk
146
5/26/22, 10:16 AM Adportal Se1f Service Advertising Confirmation THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.
Order Number:
IPL0075144
Order Status:
Submitted
Classification:
ORDER DETAILS
Legals & Public Notices
Package:
MER - Legal Ads 2x
Final Cost:
83.66 Payment Type:
Account Billed
User ID:
IPL0023386
ACCOUNT INFORMATION
CITY OF LOS BANOS - CITY HALL - FINANCE IP
520J STREET
LOS BANOS, CA 93635
209-827-7000
[email protected]
CITY OF LOS BANOS - CITY HALL - FINANCE
TRANSACTION REPORT
Date
May 26, 2022 1:15:51 PM EDT
Amount:
83.66 SCHEDULE FOR AD NUMBER IPL00751440
June 3, 2022
Merced Sun-Star
June 10, 2022
Merced Sun-Star
PREVIEW FOR AD NUMBER IPL00751440
Public Notice
Notice is hereby given that the City
Council of the City Los Banos will hold
a Public H~aring for the proposed Fis- :;
cal Year 2022/2023 City Budget and ·
a Public Hearing for the Fiscal Year . 2022/2023 Appropriation Limitation ; as follows:
Date: June 151 2022
Time: 6:00 p.rn.
Place: Council Chambers
City Hall
520 "J" Street
; Los Banos, CA 93635
Questions regarding the above refer-
. enced Item may be directed to the
'Finan9e Department ·at City Hall or
(209) 827-7000.
woooooooo
, Publi~tion Dates
« Click here to yrint a printer friendly version »
https://placelegal.mcclatchy.com/legals/merced/home/confirmation.html?id=67487&retumto= 1/1 147
THIS PAGE IS INTENTIONALLY LEFT BLANK
148
Exhibit A
City of Los Banos
Summary of Fund Balance
Fiscal Year 2022-2023
Estimated 2022-23 2022-23 2022-23 2022-23 Estimated
Beginning Requested Transfer Requested Transfer Ending
Fund# Fund Balance Revenues In Expenditures Out Balance 100 General Fund-Unassigned $ 20,530,815 $ 21,007,944 $ 20,895,706 $ 20,643,053 100 General Fund-Measure H Assii $ 2,973,321 $ 4,021,358 $ 2,432,930 $ 4,561,749 200 Movie Night $ 4,061 $ - $ $ 4,061
202 Admin City Hall Service Charg $ 729,471 $ 74,000 $ 385,000 $ 418,471 204 Prevention Underage Drinking $ 7,762 $ 540 $ 2,000 $ 6,302 206 ARP A Funding $ 3,130,875 $ 4,910,342 $ 3,301,444 $ 4,739,773 207 RSTP Exchange $ 1,386,225 $ 506,076 $ 987,132 $ 905,169 208 General Government Impact Ft $ 43,011 $ 17,550 $ - $ 60,561 210 Plant a Tree $ 588 $ - $ - $ 588
212 PEG Franchise $ 113,733 $ 23,600 $ 6,000 $ 131,333
214 Transportation Expenditure $ 3,255,186 $ 1,439,000 $ 2,510,000 $ 2,184,186 215 Gas Tax $ 2,362,737 $ 2,184,513 $ 2,675,000 $ 1,872,250 220 Local Transportation Fund $ 509,906 $ 97,804 $ - $ 607,710 229 Regional Transportation Impac $ 807,322 $ 2,400,000 $ 2,402,000 $ 805,322 230 Traffic Impact Fee $ 9,965,004 $ 2,265,000 $ 1,855,000 $ 10,375,004 232 Storm Drain Fee $ 334,949 $ 10,200 $ - $ 345,149
233 Lamoglia Traffic Impact $ 859,369 $ - $ - $ 859,369 234 Meadowlands Traffic Impact $ 137,267 $ $ - $ 137,267 235 Asset Forfeiture $ 6,687 $ - $ - $ 6,687
236 Police Public Safety Augmenta $ 5,553,415 $ 2,118,695 $ 17,368,709 $ (9,696,599) 237 SLESF COPS Program $ 38,618 $ 160,050 $ 196,852 $ 1,816 238 Fire Public Safety Augmentatic $ 1,693,782 $ 2,112,695 $ 1,173,886 $ 2,632,591 243 Fire Capital Improvement $ 1,860,893 $ 186,478 $ - $ 2,047,371 244 Community Center Fee $ 918,968 $ 81,826 $ 1,000,000 $ 794 245 Police Capital Improvement $ 1,675,282 $ 516,800 $ 45,000 $ 2,147,082 245 Police Capital Improvement-Cc $ 958,609 $ - $ 958,609 $ 246 Traffic Safety $ 40,466 $ 12,100 $ - $ 52,566
149
Exhibit A
City of Los Banos
Summary of Fund Balance
Fiscal Year 2022-2023
Estimated 2022-23 2022-23 2022-23 2022-23 Estimated
Beginning Requested Transfer Requested Transfer Ending
Fund# Fund Balance Revenues In Expenditures Out Balance 250 Los Banos Park Development I $ 5,800,015 $ 1,360,452 $ 1,035,000 $ 6,125,467 251 Mission Village North Dev Fee $ 135,471 $ - $ - $ 135,471 252 Public Facilities $ 32,458 $ 1,164 $ - $ 33,622
253 Regency Estates Park Dev Fee $ 144,641 $ - $ - $ 144,641 255 Vineyard Park Dev Fee $ 16,821 $ - $ - $ 16,821
256 Meadowland Park Dev Fee $ 1,074,057 $ - $ - $ 1,074,057 257 Mission Village South Park De $ 1,273,709 $ - $ - $ 1,273,709 258 Villages @ Stonecreek Park 0( $ 92,385 $ $ - $ 92,385 259 Orchard Terrace Park Dev Fee $ 6,111 $ - $ - $ 6,111 260 Sunrise Ranch Park Fund $ 968,934 $ - $ 968,754 $ 180 261 Shaunessy Village Park Dev Fe $ 1,126,137 $ - $ 1,125,632 $ 505 262 CDBG Program Income Micro $ 8,608 $ 206,676 $ 206,676 $ 8,608 271 Ranchwood Estates AD #1 $ 148,767 $ 596,530 $ 537,484 $ 207,813 272 Cresthills AD #2 $ 51,299 $ 142,861 $ 106,183 $ 87,977 273 Los Banos Gardens AD #3 $ 41,459 $ 189,529 $ 166,856 $ 64,132 274 College Green Estates AD #4 $ 109,367 $ 152,827 $ 210,859 $ 51,335 275 Orchard Terrace AD #5 $ 32,723 $ 85,631 $ 99,297 $ 19,057 276 St. Francis Estates AD #6 $ 35,714 $ 37,158 $ 39,334 $ 33,538 277 Valley Meadows AD #7 $ 19,474 $ 22,112 $ 28,706 $ 12,880 279 Jo-Lin Manor/Rancho De Amii $ 50,881 $ 205,730 $ 196,937 $ 59,674 280 LB Creek Shopping Center AD $ 31,677 $ 51,716 $ 57,758 $ 25,635 281 Meadowlands AD #11 $ (527,801) $ 288,392 $ 330,999 $ (570,408) 282 Mission Estates AD #12 $ 39,975 $ 157,404 $ 165,980 $ 31,399 283 Somerset Park AD #13 $ 27,730 $ 39,625 $ 52,110 $ 15,245 284 Northgate @ Regency Park AD $ 77,898 $ 329,088 $ 315,354 $ 91,632 285 Magnolia Grove AD #15 $ 7,833 $ 13,230 $ 20,863 $ 200 286 Senior Home Villages AD #16 $ 5,908 $ 16,022 $ 16,356 $ 5,574 287 Stonecreek Villages AD #17 $ 224,929 $ 481,333 $ 436,106 $ 270,156 288 Rail Trail Corridor AD #18 $ 122,016 $ 77,372 $ 129,691 $ 69,697 150
Exhibit A
City of Los Banos
Summary of Fund Balance
Fiscal Year 2022-2023
Estimated 2022-23 2022-23 2022-23 2022-23 Estimated
Beginning Requested Transfer Requested Transfer Ending
Fund# Fund Balance Revenues In Expenditures Out Balance 289 Talbott Park Basin AD #19 $ (85,325) $ 90,568 $ 86,667 $ (81,424) 290 Police CPD $ 709,967 $ 823,689 $ 894,820 $ 638,836
291 Fire CFD $ 658,397 $ 823,589 $ 903,858 $ 578,128
293 HOME Program Income Housi $ 426,396 $ - $ - $ 426,396 294 NSP Program Income $ 32,015 $ 55,050 $ 51,000 $ 36,065 295 Repair & Demolition $ 15,945 $ $ - $ 15,945
296 USDA - HCD Grant $ - $ 22,413 $ 22,413 $
297 The Villas Park Fund $ 1,514,842 $ 373,597 $ - $ 1,888,439 303 Traffic Mitigation $ 154,458 $ - $ - $ 154,458
304 City Hall Impact Fee $ 1,746,639 $ 202,500 $ - $ 1,949,139 306 Corporation Yard Impact Fee $ 882,034 $ 131,000 $ - $ 1,013,034 322 Emergency Operations Center $ 5,090,251 $ $ - $ 5,090,251 501 Water $ 29,442,529 $ 8,008,775 $ 8,300,770 $ 29,150,534 502 Wastewater $ 15,126,572 $ 7,624,465 $ 8,871,400 $ 13,879,637 505 Airport $ 703,192 $ 320,200 $ 420,374 $ 603,018
510 Solid Waste & Street Sweepin~ $ 10,209,567 $ 6,592,770 $ 10,122,527 $ 6,679,810 601 Fleet Maintenance $ 298 $ 1,074,028 $ 1,073,528 $ 798 610 Information Technology $ 33,134 $ 425,735 $ 425,035 $ 33,834 656 Retirees' Medical Health $ 238,950 $ 1,939,570 $ 1,938,870 $ 239,650 $ 147,995,252 $ 77,109,372 $ - $ 101,671,077 $ - $ 123,433,547 Estimated beginning fund balances are based on an accrual basis except for the Business type funds which are based on an available unrestricted cash basis. 151
THIS PAGE IS INTENTIONALLY LEFT BLANK
152
EXHIBIT B
DIVISION 4
SALARY SCHEDULE
(Approved , 2022 I Effective July 1, 2022}
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
EMPLOYEE CLASSIFICATION
City Manager
Human Resources Director
Assistant City Clerk/HR Analyst
HR Technician I
AUTHORIZED
(1)
(1)
(1)
(2)
(0)
SECTION A- ADMINISTRATION -· - ---·--- - ---- - ·- - - -· . - TOT AL POSITIONS AUTHORIZED (5)
RANGE STEP 1 STEP2 STEP3
14,211-18,190 * * *
8,2ae rn,e1e * * *
81482-101830 * * *
* ~ &;-7Ga &,-988
* 5,595 5,875 6,169
* ~ ~ 4;-0-1-7
* 3,752 3,940 4,137
STEP4 STEPS
* *
* *
* *
6,287 6;-00-1-
6,477 6.801
~ 4;429
4.344 4,561
STEP6
*
*
*
&;934-
7,141
4,6§0
4,789
Admin Clerk
Admin Clerk II * * ~3,40a~3;-764~4;439
* * 3,340 3,507 3,682 3,866 4,059 4,262
Admin Clerk I * * 2,72G~2,9993;-449~3;474
* * 2,802 2,942 3,089 3,243 3,405 3,575
------------------ * Comment: Promotions to skill levels within the Admin Clerk job classifications are made by the Human Resources Director with concurrence of the City Manager.
SECTION B - FINANCE -- ··- ----· -- ·- ·-·
TOTAL POSITIONS AUTHORIZED (10)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEPS STEP6 Finance Director (1) n,Ge7 14,1m * * * * * *
111389-14,542 * * * * * *
Accounting & Budget Supervisor (1) * e,§34 e;8e4- +;2Q4 +-;6e4 ~ ~ * 6.730 7.067 7.420 7.791 8,181 8.590
Accountant (2)
Accountant II * * ~ ~ &;-988 6,287 6;-00-1- &;934-
* * 5.595 5,875 6,169 6.477 6.801 7,141
Accountant I * * 4,427 4,648 4,88G &;-4-24 ~ &;649
* * 4,560 4,788 5,027 5,278 5,542 5,819
Information Technology Technician (1) * 4,240 ~ 4,&7a 4;-900 &,4e4 ~ * 4,367 4,586 4,815 5,056 5,309 5,574
Accounting Technician (1) * 6;-7¼ a,9M 4,-096 ~ ~ 4,742 * 3.826 4,018 4,219 4,430 4,652 4,885
Accounting Clerk (4)
Accounting Clerk II * * ~ 3;4Ge 3,§7§ 3,764 ~ ~
* * 3,340 3,507 3.682 3,866 4,059 4.262
Accounting Clerk I * * 2,72G ~ 2,999 3;-449 ~ 3;474
* * 2,802 2,942 3,089 3,243 3,405 3,575
* Comment: Promotions to skill levels within the Accountant and Ace .
Finance Director with concurrence of the City Manager.
153
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY-Continued SECTi6N C - COMMUNITY & ECONOMIC DEVELOPMENT -· --··· ..... - -- .... ---~---------- ·--- · -·-· - - - -· --··-- -···- ---·---·-- - TOTAL POSITIONS AUTHORIZED (4 )
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6 Community & Economic Development Direct (1) 8,235 Hl,5~5 * * * * * * 8,482-10,830 * * * * * *
Planner (1)
Senior Planner * * e;-aoo e-;e24- &;-8§2 -7,-300 -7,00e 3,048 * * 6,495 6,820 7,161 7,519 7,895 8,290
Associate Planner * * ~ a,7G3 e,988 ~ ~ e;-934
* * 5,595 5,875 6.169 6,477 6,801 7,141
Assistant Planner * * 4R7 4;e48 4,88G &,-4-24 &,-300 e;e49 * * 4,560 4,788 5,027 5,278 5,542 5,819
Planning Technician (1) * 3;e43 ~ 4;0-1-7 4,2-1-8 4,429 4-;eeG * 3,752 3,940 4,137 4,344 4,561 4,789
Admin Clerk (1)
Admin Clerk II * * 3;243 3;4-0§ ~ ~ ~ ~
* * 3,340 3,507 3,682 3,866 4,059 4.262
Admin Clerk I * * ~ 2;8ee 2,-999 a,-149 a,aoo 3;4-74
* * 2,802 2,942 3,089 3,243 3.405 3,575
* Comment: Promotions to skill levels within the Planner and Admin Clerk job classifications are made by the Community & Economic Development Director with concurrence of the City Manager.
SECTi6N D - PUBLIC WORKS .. ····---··. - -· --- -- ·· ---- "'· -·-· -·-·----- TOTAL POSITIONS AUTHORIZED @H (60)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEPS STEP6 Public Works Director/City Engineer (1) ~2.69(:l ~6.2(}5 * * * * * * 13,071-16,691
AssistaRt P1:1blie 1,11foFks 9iFeetaF fB ! 8;4G9 8,829 9,2-70 9,734 ~ ~ Public Works Operations Manager f-BQl * e-;§34 ~ 7,2()4 +;a64 ~ ~ * 6,289 6,604 6,934 7,281 7,645 81027
Parks & Rec Operations Manager (1) * 6,400 e;4-1-4 &;-1a2 +;-G69 ~ +,-796 * 6,289 6,604 6,934 7,281 7,645 8,027
Public Works Supervisor (1) * 4,903 &;-448 §;405 &,-67& e;9e9 6,267 * 5,050 5,303 5,568 5,846 6,138 6,445
Recreation Supervisor (1) * 4,903 &;-448 &,40§ a,67§ e;9e9 6,267 * 5,050 5,303 5,568 5,846 6,138 6,445
Water Quality Specialist (1) * 4,801 e-;G48 &,JOO e;§e§ §,843 ~ * 4,951 5,199 5,459 5,732 6,019 6,320
Fleet Maintenance Coordinator (1) * 4-;eW 4,-928 &;4-74 ~ &;--7(:l§ e,990 * 4,834 5,075 5,329 5,595 5,875 6,169
Foreman (4) * 4,W-1- 4;-Sa-1- ~ e;-32-7 e,§W ~
* 4,739 4,976 5,225 5.486 5,760 6,048
Administrative Coordinator (1) * 4;-eG-1- 4;-Sa-1- ~ ~ a;-aW &;-876 * 4,739 4,976 5,225 5,486 5.760 6,048
Administrative Assistant (2) * 3,7e-1- a;-949 4,446 ~ 4;e+4 4,800 * 3,874 4,068 4,271 4.485 4,709 4,944
Engineering Technician (4-)Ql * ~ 3,9M 4;Q96 4,-ao-t- ~ ~ * 3,826 4,018 4,219 4,430 4,652 4,885
ReeFeatioR GaordiRator II fB .! 3,444 ~ 3;--797 3;-98-7- 4,-4$ 4;39e Recreation Coordinator I (2) * ~ 2-;866 2,-999 a,-149 a,aoo 3;474 * 2,802 2,942 3.089 3,243 3,405 3,575
154
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY-Continued
EMPLOYEE CLASSIFICATION
Admin Clerk
Admin Clerk II
Admin Clerk I
Inspector I
Maintenance Mechanic I
Custodian
Environmental Control/Utilities Maintenance
Environmental Control Specialist Ill
Environmental Control Specialist II
Environmental Control Specialist I_
Environmental Control Specialist Trair
Utilities Maintenance 111
Utilities Maintenance II
Utilities Maintenance I
Maintenance
Maintenance Worker Ill
Maintenance Worker II
Maintenance Worker I
_., -----------···· - ----- ···· -- ·-- sg::r19_~_!) .-:.f>_lJE3LI~ IJVQR~;, : cP~!1~n!J8d AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 (1)
*
*
*
*
(1)
f-1jQl
(1)
(13)
*
*
*
*
*
*
*
*
*
*
*
*
*
*
(23}
*
*
*
*
*
*
*
*
*
*
*
*
*
*
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
3;243
3,340
2,72G
2,802
4;eG3
4,695
3;244
3,309
2;e97
2,649
~
4,317
3,742
3,786
a,a34
3,605
~
3,432
3,979
4,059
3-;e-t+
3,689
3;244
3,309
~
3,507
2,8ee
2,942
4,-833
4,930
3;400
3,474
~
2,781
4-;444
4,532
3,897
3,976
3,7-14
3,785
3;§33
3,604
4,478
4,262
3;798
3,874
3;400
3,474
3;-6+&
3,682
2,999
3,089
&;G7-5
5,177
3;676
3,648
2;863
2,920
4;6e6
4,759
4;G92
4,175
3,897
3,974
3,74-0
3,784
4-;aS+
4,475
3,Q88
4,068
3;676
3,648
3;+54
3,866
a;-449
3,243
&,-329
5,436
3;-7§§
3,830
3;()00
3,066
4;899
4,997
4;297
4,384
4,-092
4,173
3;896
3,973
4,600
4,699
~
4,271
3;-7§§
3,830
3;942
4,059
3;dOO
3,405
S;e9e
5,708
3;943
4,022
3;-4$
3,219
&,444
5,247
4;-642
4,603
4;297
4,382
4-;GB-1-
4,172
4,836
4,934
4;398
4,485
3,946
4,022
4,439
4,262
3;474
3,575
6;87&
5,993
4,44G
4,223
3;3-14
3,380
MG-1-
5,509
4,733
4,833
~
4,601
4;296
4,381
&;078
5,181
4-Me
4,709
4,44G
4,223
* * 3;-969~4;3164;a944;824&;Qee
* MOU 4,048 4,251 4,464 41687 41921 51167
* * 3,§94 3,7+4 3;9G3 4.-™- 4,369
* MOU 31666 3,849 4,041 4,243 41455
* * 3;244 3,400 3-;S+6 3;-76§ 3,943
* MOU 3,309 3,474 3,648 3,830 4,022
4;687
4,678
4,14G
4,223 -~-- * Comment: ....... Promotions
--~----~~~~--
to skill levels within the ....... Environmental ~ Control Specialist Ill) Utilities Maintenance 111, Maintenance Worker Ill and Admin Clerk job classifications are made by the Public Works Director/City Engineer with concurrence of the City Manager.
* Additionally, the Public Works Director/City Engineer with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions - Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor level positions; and 2) Maintenance -- Employees assigned to any one of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications. 155
SEC. 4003 REGULAR {FULL TIME} EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY-Continued SECTION E - FIRE & BUILDING - ·-- -- - ·- ··--··-- ------ ----··-··- -~--.- TOTAL POSITIONS AUTHORIZED (20)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP5 STEPS Fire Chief (1) 11,931 14,981 * * * * * *
11,362-14,503
Asst Fire Chief (1) * 8,329 8,746 9,183 9,642 10,124 10,630 * 8,579 9,008 9,458 9,931 10.428 10,949
Fire Captain (6) * 5;823 6;444 6;42G G;-744 +;018 7;2e§ MOU 5.939 6,236 6,548 6.875 7,219 7,399
Fire Engineer (6) * a;e47 a;-744, a-;88§ 6-;062 6;244 6;400 MOU 5,658 5,828 6,003 6,183 6,368 6.527
Fire Fighter (4) * 4,§62 4;--794 &,-934- &-;283 a;e47 6;686 MOU 4,653 4,886 5,130 5,387 5,656 5,797
Administrative Coordinator (1) * 4,60-1- 4,83-1- &,-013 a;-a2+ &;a93 &,-873 * 4,739 4,976 5.225 5,486 5,760 6,048
Admin Clerk (1)
Admin Clerk II * * 3,243 3;4G§ 3,§+a 3;--7S4 3;942 ~
* * 3.340 3,507 3,682 3,866 4,059 4,262
Admin Clerk I * * 2.720 2,866 ~ a,t49 3;300 M+-1-
* * 2,802 2.942 3,089 3,243 3,405 3,575
* Comment: Promotions to skill levels within the Adm in Clerk job classifications are made by the Fire Chief with concurrence of the City Manager.
SECTION F - POLICE ---·-·· · -- · ···
TOTAL POSITIONS AUTHORIZED /80)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP5 STEPS Police Chief (1) 12,94§ 16,374 * * * * * *
12,406-15,835
Police Commander (2) * 9;Ga4 9;eOO 9,984- 4-0,48() 44;004 44,aa4 * 9,326 9.792 10,282 10,796 11,336 11,903
Police Sergeant (8) * 7,387 7,73a 8;-4-22 8,§28 8;-964 9,-1--78 MOU 7.570 7,949 8.346 8,763 9.201 9,431
Police Services Manager (1) * G;aG-1- ~ e;-947 7,294 7,6§9 8,()42- * 6,730 7,067 7,420 7,791 8.181 8,590
Dispatch Supervisor (1) * 4,942 &,-4$9 &;448 &,--72G e;-000 6,300 * 5,090 5,345 5.612 5.893 6.188 6,497
Code Enforcement Officer (5) * 4,1--§8 ~ 4,§83 4;84-2 &,-G§a e;3Qe * 4,283 4,497 4,722 4,958 5,206 5,466
Public Safety Dispatcher (11) * 3;-8-77 4,-014 4,2-7§ 4;489 ~ 4,949 MOU 3.955 4,152 4.360 4,578 4,807 5,047
Crime Analyst (1) * J;e47 3;829 4-;G2G 4,22-1- 4,-432 4;e§4. * 3.756 3,944 4,141 4,348 4,565 4,793
Property Evidence Technician (1) * ~ 3,36a ~ 3,7--W 3;896 4,()9-1- * 3,301 3,466 3,639 3,821 4,012 4,213
Community Services Officer (7) * 2;847 2,989 3;-4-38 3;29e 3;460 3,633 MOU 2,904 3,049 3,201 3,361 3,529 3,705
Public Safety Custodian (1) * 2.720 2,866 ~ a,t49 3;aQe M+-1- * 2.802 2.942 3.089 3,243 3.405 3.575
156
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY-Continued SECTION i= - POUCE - Contniued -·
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP 4 STEP 5 STEP S Police Officer (37) * &,-626 a;-8()2 6;892 6;-397 6;-74-7 6;886 MOU 5,678 5,962 6,260 6,573 6,902 7,075
Police Trainee * * ~ 3,3-1-0 3;478 3,66G 3,833 4;Q2§
* * 3,248 3,410 3.581 3,760 3,948 4,145
Admin Clerk (4)
Admin Clerk II * * 3,243 3;4G6 3-;S+& 3;-764 3,942 4,439 * * 3,340 3,507 3,682 3,866 4,059 4,262
Admin Clerk I * * 2,720 2,856 2,999 3;449 6,300 3;474
* * 2,802 2,942 3,089 3,243 3,405 3,575
""'i -T-he- P-ol-ic_e_T-ra-in_e_e_p_o_si-tio_n_m- ay_b_e_fi_1ll_e_d-in- l-ie_u_o_f Police Officer positions. The total number of Police Officers and Police Trainees shall not exceed the total number authorized for Police Officer. * Comment: Promotions to skill levels within the Admin Clerk job classifications are made by the Police Chief with concurrence of the City Manager.
SEC. 4004 PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS
Public Works De(lartment -- Houri~ Sala[Y
EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP3 STEP4 STEPS
Admin Clerk 15.00 15.75 16.54 17.36 18.23
Recreation Assistant 15.00 15.75 16.54 17.36 18.23
Public Safe!Y De12artment - Houri~ Sala[Y
EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP3 STEP4 STEPS
Maintenance Worker 15.00 15.75 16.54 17.36 18.23
Police Officer 21.00 22.05 23.15 24.31 25.53
Code Enforcement Officer 18.00 18.90 19.85 20.84 21.88
Fire Fighter 15.11 15.87 16.66 17.49 18.37
Dispatcher 15.00 15.75 16.54 17.36 18.23
Admin Clerk 15.00 15.75 16.54 17.36 18.23
Custodian 15.00 15.75 16.54 17.36 18.23
Community Services Officer 15.00 15.75 16.54 17.36 18.23 Ci!Y Hall Division - Houri~ Sala[Y
EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP3 STEP4 STEPS
Admin Clerk 15.00 15.75 16.54 17.36 18.23
Custodian 15.00 15.75 16.54 17.36 18.23
Elected Officials - Monthl~ Sala[Y
Mayor 400.00 monthly
Council Members 300.00 monthly
City Clerk 100.00 monthly
City Treasurer 100.00 monthly
STEPS
18.69 18.69
STEPS
18.69 26.16
22.43 18.83
18.69 18.69
18.69 18.69
STEP6
18.69 18.69
157
THIS PAGE IS INTENTIONALLY LEFT BLANK
158
EmlbitC
Summary by Fund
Total Project Prior Year(s) Fiscal Year
Project Type Available
Cost Expenditures 2023 2024 2025 2026 2027 Funding
General Fund $ 10,659,860 $ 467,000 $ 5,132,860 $ 2,280,000 $ 1,820,000 $ 570,000 $ 390,000 $ 10,659,860 Measure H - Police $ 1,189,000 $ - $ 1,129,000 $ 60,000 $ - $ - $ - $ 1,189,000 Measure H - Fire $ 457,032 $ 306,670 $ 100,362 $ 50,000 $ - $ - $ - $ 457,032 Measure H - Recreation $ 1,823,000 $ 140,000 $ 197,000 $ 35,000 $ 170,000 $ 820,000 $ 320,000 $ 1,682,000 City Hall Admin $ 450,000 $ 65,000 $ 385,000 $ - $ - $ - $ - $ 450,000 Impact Fees - City Hall $ 786,802 $ 413,730 $ - $ 373,072 $ - $ - $ - $ 786,802 Measure P - Police $ 17,913,891 $ 1,265,000 $ 16,588,891 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 17,913,891 Measure P - Fire $ 194,000 $ 6,000 $ 24,000 $ 16,000 $ 16,000 $ 16,000 $ 16,000 $ 94,000 Impact Fees - Police $ 2,253,609 $ 1,250,000 $ 1,003,609 $ - $ - $ - $ - $ 2,253,609 Impact Fees - Fire $ 880,000 $ - $ - $ 880,000 $ - $ - $ - $ 880,000 Traffic Safety $ 20,000 $ - $ - $ 20,000 $ - $ - $ - $ 20,000 Streets - Charge Out $ 2,767,377 $ - $ 1,897,377 $ 260,000 $ 310,000 $ 135,000 $ 165,000 $ 2,767,377 CMAQ/RSTP $ - $ - $ - $ - $ - $ - $ - $
Measure V $ 7,290,000 $ 40,000 $ 2,510,000 $ 1,580,000 $ 1,500,000 $ 80,000 $ 1,580,000 $ 7,290,000 CFD-Police $ 350,000 $ - $ 350,000 $ - $ - $ - $ - $ 350,000 CFD-Fire $ 350,000 $ - $ 350,000 $ - $ - $ - $ - $ 350,000 Impact Fees - Traffic $ 1,600,000 $ - $ 1,600,000 $ - $ - $ - $ - $ 1,600,000 Impact Fees - Comm Center $ 1,072,354 $ 72,354 $ 1,000,000 $ - $ - $ - $ - $ 1,072,354 Water Administration $ 161,000 $ 18,000 $ 143,000 $ - $ - $ - $ - $ 161,000 Water $ 9,981,661 $ 302,034 $ 3,148,627 $ 4,472,000 $ 1,012,500 $ 475,500 $ 571,000 $ 9,981,661 Wastewater Administration $ 137,000 $ 18,000 $ 119,000 $ - $ - $ - $ - $ 137,000 159
Summary by Fund
I Total Project I PriorYear(s) i Fiscal Year Available Project Type Cost Expenditures 2023 2024 2025 2026 2027 Funding Wastewater - Collections I $ 14,819,550 $ 156,300 $ 1,514,250 $ 3,075,000 $ 5,131,500 $ 2,540,500 $ 2,402,000 $ 14,819,550 Wastewater - Treatment I $ 888,768 $ 43,768 $ 615,000 $ 60,000 $ 70,000 $ 25,000 $ 75,000 $ 888,768 Solid Waste Administration I $ 137,000 $ 18,000 $ 119,000 $ - $ - $ - $ - $ 137,000 Solid Waste I$ 530,000 $ - $ 80,000 $ 275,000 $ 70,000 $ 70,000 $ 35,000 $ 530,000 Solid Waste-Street Sweeping $ 786,200 $ - $ 11,200 $ 375,000 $ - $ 400,000 $ - $ 786,200 Airport $ 2,690,000 $ - $ 110,000 $ 1,600,000 $ 350,000 $ 630,000 $ - $ 2,690,000 LB Park Development $ 15,171,086 $ 141,700 $ 3,129,386 $ 8,500,000 $ 3,000,000 $ 400,000 $ - $ 15,171,086 Assessment Districts $ 4,559,000 $ 50,000 $ 363,000 $ 515,000 $ 738,000 $ 898,000 $ 1,567,000 $ 4,131,000 Fleet I $ - $ - $ - $ - $ - $ - $ - $
IT Services I $ 578,125 $ 178,125 $ 100,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 578,125 ARPA I $ 2,090,000 $ 176,156 $ 1,913,844 $ - $ - $ - $ - $ 2,090,000 Homeland Security 1: - $ - $ - $ - $ - $ - $ - $
Unknown Source 9,000,000 $ - $ - $ - $ - $ - $ - $
Total New Projects J $ 111,586,315 $ 5,127,837 $ 43,634,406 $ 24,516,072 $ 14,278,000 $ 7,150,000 $ 7,211,000 $101,917,315 160
TO:
FROM:
DATE:
City of Eos Banos
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director~2..
June 15, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of a Mitigated Negative Declaration (SCH #2021090191), General Plan Amendment #2020-02 and Zone Change #2020-02 for F Street Multi-Family Project
Recommendation:
Staff recommends that the City Council open the public hearing, receive public comment, and consider the following actions:
1. Provide a motion of intent to adopt a Resolution to approve Mitigated Negative Declaration (SCH #2021090191) and Mitigation Monitoring/Reporting Plan for F Street Multi-Family Project;
2. Provide a motion of intent to adopt a Resolution to approve General Plan Amendment #2020-02 to redesignate approximately 0.9 acres from Industrial to High Density Residential located at 1133 F Street; and
3. Waive the first reading and introduce an Ordinance by title to adopt Zone Change #2020-02 to re-zone approximately 0.9 acres from the General Commercial (C-1) Zoning District to High Density Residential (R-3) Zoning District located at 1133 F Street.
1 161
Background:
The applicant, Stonefield Home, Inc., is requesting a General Plan Amendment to redesignate 0.9 acres from Industrial to High Density Residential and Rezone the property from General Commercial (C-1) to High Density Residential (R-3). The applicant is proposing to develop two (2) multi-family residential structures consisting of two (2) floors measuring approximately thirty (30') feet in height and the structures will total 18, 136 square feet in building coverage accommodating for 16 units along with associated site improvements.
The Los Banos Planning Commission held a public hearing on April 13, 2022, for the purpose of considering the above mentioned project. At the completion of the public hearing, the Planning Commission recommended approving Mitigated Negative Declaration (SCH #2021090191), General Plan Amendment #2020-02, and Zone Change #2020-02. The Planning Commission also approved Site Plan Review #2020- 06 for the development of two (2) multi-family residential consisting of a total of 16 dwelling units, contingent upon the City Council approval of General Plan Amendment #2020-02 and Zone Change #2020-02.
Discussion:
PROJECT LOCATION:
The proposed project site is located at 1133 F Street. The project site is outlined in yellow on the area map below.
2 162
LAND USE:
The surrounding zoning is depicted on the map below. Note that the pink color is General Commercial (C-1), brown is High Density Residential (R-3), red is Highway Commercial (H-C) and purple is the Rail Corridor (R-C).
Property Land Use
Project Site Undeveloped
North Residential
East Commercial (Vacant)
South Commercial
West Commercial
C-1 = General Commercial
R-3 = High Density Residential
Zone
C-1
R-3
H-C
C-1
C-1
General Plan
Industrial (I)
Medium Density Residential (MOR)
Commercial (C)
Industrial (I)
Industrial (I)
I = Industrial
MOR= Medium Density Residential
C = Commercial
3 163
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an initial study was prepared to identify and assess potential environmental impacts of the project. Pursuant to Section 15070(b) of the CEQA Guidelines, a Mitigated Negative Declaration may be prepared for a project when the Initial Study identifies potential environmental impacts. Staff has identified potential significant impacts and mitigation measures. Staff finds that the implementation of mitigation measures would reduce impacts to less than significant. The following mitigation measure shall be incorporated into the proposed project:
Mitigation Measure V-1:
In the event of the accidental discovery of recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken:
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until; a. The corner of Merced County is contacted to determine that no investigation of the cause of death is required; and
b. If the corner determines the remains to be Native American:
i. The corner shall contact the Native American Heritage Commission within 24 hours.
ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.
The most likely descendent may 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 any associated grave goods as provided in Pubic Resources Code Section 5097.98
PROJECT ANALYSIS:
Existing Setting
The proposed project site is vacant and is surrounded by urban development on four sides, along with associated street and utility improvements. The property has a General Plan land use designation of Industrial and is zoned General Commercial (C-1). There are no structures on the project site.
Proposed Uses and Density
The project includes a General Plan Amendment from Industrial to High Density Residential. The General Plan and Zoning Maps are included as attachments.
Pursuant to the Los Banos Municipal Code Title 9, Chapter 3, Article 8, the uses permitted in the High Density Zoning District are as follow:
4 164
(a) Multifamily uses;
(b) Apartments;
(c) Triplexes;
(d) Group dwellings with more than six (6) residents;
(e) Public schools;
(f) Public parks and playgrounds;
(g) Employee needs housing for more than six (6) unrelated persons; (h) Residential care facility for more than six (6) unrelated persons; (i) Special needs housing for more than six (6) unrelated persons; 0) Transitional and/or supportive housing for more than six (6) unrelated persons; (k) Emergency homeless shelter;
(I) Accessory buildings;
(m) Small family daycare;
(n) Home occupations; and
(o) Public utility distribution and transmission line towers and poles and underground facilities for the distribution of gas, water, communications, and electricity.
Compatibility with Adjacent Uses
The proposed High Density Residential General Plan Amendment and Zone Change will abut existing commercial uses to the west and south and High Density Residential uses to the north. The applicant is proposing to develop 16 multi-family units, which is a permitted use om the High Density Zoning District. The proposed development will be compatible and enhance the surrounding neighborhood character and will assist with the Housing Element compliance efforts to provide a variety of housing units to support all income levels throughout the community.
PUBLIC COMMENT:
A public hearing notice was published in the Merced Sun-Star and notices were mailed out to property owners within a 300' radius of the Project site on June 3, 2022. As of the date of this staff report, no comments were received.
5 165
1. Resolution - Mitigated Negative Declaration
Exhibit A: CEQA Findings
Exhibit B: Mitigation Monitoring/Reporting Plan
2. Initial Study/Mitigated Negative Declaration (SCH #2021090191)
3. Resolution - General Plan Amendment
Exhibit A: CEQA Findings
Exhibit B: Findings for Approval
Exhibit C: Conditions of Approval
4. Ordinance - Zone Change
5. General Plan Land Use Map
6. Zoning Map
7. Site Plan
8. Public Hearing Notice - June 3, 2022
6 166
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING MITIGATED
NEGATIVE DECLARATION (SCH#2021090191)
AND MITIGATION MONITORING/REPORTING
PLAN FOR F STREET MULTI-FAMILY PROJECT
LOCATED AT 1133 F STREET, MORE
SPECIFICALLY IDENTIFIED AS ASSESSOR'S
PARCEL NUMBER: 025-152-005
WHEREAS, Stonefield Home, Inc., (Applicant) filed an application for a General Plan Amendment and Zone Change to redesignate approximately 0.9 acres from Industrial to High Density Residential (R-3) and rezone from General Commercial (C-1) to High Density Residential (R-3) for the development of two (2) multi-family structures to consisting of a total of 16 dwelling units; and
WHEREAS, an Initial Study and Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan were prepared for the project in accordance with CEQA Guidelines Section 15070; and
WHEREAS, a Notice of Intent to adopt a Mitigated Negative Declaration for F Street Multi-Family Project was submitted to the State Clearing House and posted at the Merced County Clerk's Office for a 30 day public review period commencing on September 10, 2021, and ending on October 11, 2021; and WHEREAS, a Notice of Intent was published in the Los Banos Enterprise on September 10, 2021; and
WHEREAS, the Los Banos Planning Commission held a public hearing on April 13, 2022, for the purpose of considering the Project and at the completion of the public hearing, duly considered the evidence presented and recommended approval to the Los Banos City Council; and
WHEREAS, the City Council of the City of Los Banos scheduled and duly noticed a public hearing in accordance with California Government Code Section 65091 by advertisement and notices by mail to property owners within a 300 foot radius of the project boundaries on June 3, 2022, to consider and take testimony regarding these matters on June 15, 2022; and
WHEREAS, at the June 15, 2022, City Council Meeting the Los Banos City Council, heard and considered testimony, if any, of all persons desiring to be heard; reviewed the staff report; studied the compatibility of the applicant's request with adjacent 1 167
land uses; has considered the applicant's request in accordance with the criteria established in the Los Banos Municipal Code; and
WHEREAS, the Los Banos City Council has reviewed and considered the Initial Study and Mitigated Negative Declaration (SCH #2021090191) for F Street Multi-Family Project incorporated herein t;>y reference and finds that there are no significant effects on the environment with the implementation of the identified mitigation measures as stated in the Mitigation Monitoring/Reporting Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby make the appropriate findings set forth in Exhibit A (CEQA Findings), attached hereto and incorporated herein by this reference and approves Mitigated Negative Declaration (SCH #2021090191) and Mitigation Monitoring/Reporting Plan, attached hereto and incorporated herein as Exhibit 8, for the F Street Multi-Family Project located at 1133 F Street, more specifically identified as Assessor's Parcel Number: 025- 152-005.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
2 168
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR F STREET
MULTI-FAMILY PROJECT
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the F Street Multi-Family Project was evaluated in an Initial Study which determined that the project would not involve any significant environmental effects, provided that the mitigation measures described in the Initial Study were implemented and a Mitigated Negative Declaration (SCH #2021090191) was made.
2. The Mitigated Negative Declaration was adequately noticed and circulated for public review and no public comments on the proposed Mitigated Negative Declaration were received. The City distributed the Notice of Intent with copies of the Mitigated Negative Declaration, and posted the Notice of Intent at the Merced County Clerk's office on September 10, 2021, to October 11, 2021.
3. On the basis of the whole record, including the Mitigated Negative Declaration and public comment, the City Council finds that there is no substantial evidence that the Project may have a significant effect on the environment with proper mitigation.
4. The Mitigated Negative Declaration was prepared in compliance with CEQA and on the basis of the whole record, there is no substantial evidence of significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the Initial Study/Mitigated Negative Declaration.
5. The City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the Mitigated Negative Declaration is based upon.
6. Upon approval of the project analyzed in the Mitigated Negative Declaration, the City of Los Banos will monitor the implementation of the mitigation measures in accordance with the Mitigation Monitoring/Reporting Program.
7. Prior to considering the proposed Project, the City Council considered the Mitigated Negative Declaration for the F Street Multi-Family Project. 3 169
THIS PAGE IS INTENTIONALLY LEFT BLANK
170
Environmental
Issue
Cultural
Resources
Exhibit B
City of Los Banos
F Street Multi-Family Project
Mitigation Monitoring & Reporting Program
SCH# 2021090191
Mitigation
Monitoring
Proposed Mitigation Reporting
Responsibility
&Timing
In the event of the accidental discovery or recognition of any human Public Works remains in any location other than a dedicated cemetery, the Department, following steps shall be taken: During Project
Construction
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until;
a) The coroner of the County in which the remains are
discovered must be contacted to determine that no
investigation of the cause of death is required; and,
b) If the coroner determines the remains to be Native
American:
1. The coroner shall contact the Native American
Heritage Commission within 24 hours.
2. The Native American Heritage Commission shall
identify the person or persons it believes to be the
most likely descended from the deceased Native
American.
The most likely descendent may 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 any associated grave goods as provided in Public Resources Code Section 5097.98.
2 Mitigation Reporting and/or
Monitoring Program
During project construction, the
Project Engineer and
Construction Manager shall
monitor construction activities
for any discovery of human
remains.
171
THIS PAGE IS INTENTIONALLY LEFT BLANK
172
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING GENERAL
PLAN AMENDMENT #2020-02 TO REDESIGNATE
APPROXIMATELY 0.9 ACRES LOCATED AT 1133
F STREET, MORE SPECIFICALLY IDENTIFIED AS
ASSESSOR'S PARCEL NUMBER: 025-152-005
FROM INDUSTRIAL TO HIGH DENSITY
RESIDENTIAL
WHEREAS, Stonefield Home Inc., as the project applicant, has requested an amendment to the General Plan Land Use Map to facilitate the development of 16 multi-family dwelling units located at 1133 F Street, more specifically identified as Assessor's Parcel Number: 025-152-005; and
WHEREAS, the Los Banos General Plan was adopted in July 2009, and is the guiding document for land use in the City of Los Banos; and WHEREAS, the proposal is consistent with the intent of the General Plan and the Zoning Code regulations; and
WHEREAS, the proposal is compatible with adjacent properties and the surrounding area in general; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, General Plan Amendment #2020- 02 and Zone Change #2020-02 for F Street Multi-Family Project was adequately evaluated in Mitigated Negative Declaration (SCH #2021090191); and WHEREAS, the Los Banos Planning Commission held a public hearing on April 13, 2022, for the purpose of considering General Plan Amendment #2020-02 and Zone Change #2020-02 and at the completion of the public hearing, duly considered the evidence presented and recommended approval to the Los Banos City Council; and WHEREAS, a public hearing was duly noticed for the Los Banos City Council meeting of June 15, 2022, in accordance with California Government Code Section 65091 by advertisement in the Merced Sun-Star and by mail to property owners within 300 feet of the project boundaries on June 3, 2022, to consider and take testimony regarding General Plan Amendment #2020-02 and Zone Change #2020-02; and WHEREAS, at the June 15, 2022, City Council Meetings the Los Banos City Council, heard and considered testimony, if any, of all persons desiring to be heard; reviewed the Project and staff report; studied the compatibility of the applicant's request 1 173
with adjacent land uses; has considered the applicant's request in accordance with the General Plan Amendment criteria established in Title 9, Chapter 3, Article 24 of the Los Banos Municipal Code; and
WHEREAS, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve General Plan Amendment #2020-02 to redesignate approximately 0.9 acres located at 1133 F Street from Industrial to High Density Residential subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
2 174
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR GENERAL PLAN AMENDMENT #2020-02 FOR F STREET MULTI-FAMILY PROJECT Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the F Street Multi-Family Project was evaluated in an Initial Study which determined that the project would not involve any significant environmental effects, provided that the mitigation measures described in the Initial Study were implemented and a Mitigated Negative Declaration (SCH #2021090191) was made.
2. The Mitigated Negative Declaration was adequately noticed and circulated for public review and no public comments on the proposed Mitigated Negative Declaration were received. The City distributed the Notice of Intent with copies of the Mitigated Negative Declaration, and posted the Notice of Intent at the Merced County Clerk's office on September 10, 2021, to October 11, 2021.
3. On the basis of the whole record, including the Mitigated Negative Declaration and public comment, the City Council finds that there is no substantial evidence that the Project may have a significant effect on the environment with proper mitigation.
4. The Mitigated Negative Declaration was prepared in compliance with CEQA and on the basis of the whole record, there is no substantial evidence of significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the Initial Study/Mitigated Negative Declaration.
5. The City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the Mitigated Negative Declaration is based upon.
6. Upon approval of the project analyzed in the Mitigated Negative Declaration, the City of Los Banos will monitor the implementation of the mitigation measures in accordance with the Mitigation Monitoring/Reporting Program.
7. Prior to considering the proposed Project, the City Council considered the Mitigated Negative Declaration for the F Street Multi-Family Project. 3 175
EXHIBIT B
FINDINGS FOR APPROVAL FOR GENERAL PLAN AMENDMENT #2020-02 FOR F
STREET MULTI-FAMILY PROJECT
The City of Los Banos City Council hereby finds as follows:
1. The Los Banos General Plan was adopted by the City on July 15, 2009, and the Project was prepared in accordance with it;
2. The General Plan Amendment and Zone Change will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City;
EVIDENCE: The High Density Residential land use: (1) are consistent with adjacent residential uses in the vicinity of the project site; and (2) will improve the neighborhood with development that meet local and state building standards (3) the project provides for the unaccommodated need for multi-family units in accordance with the Los Banos Housing Element 2014-2023 Program 1 D.
3. The use is compatible with the adjacent uses, properties, and neighborhoods, and will not be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City and will not result in detrimental effects to neighboring properties or to City services;
EVIDENCE: The project will enhance the surrounding area, because: (1) it will develop contiguous property surrounded by urban development, (2) it will improve aesthetics of the neighborhood with development which meets the City's Community Design Guidelines; and (3) it was analyzed in an Initial Study/Mitigated Negative Declaration that determined that all potentially significant impacts on neighboring properties are reduced to a less than significant level by the incorporation of Mitigation Measures.
4 176
EXHIBITC
CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT #2020-02 FOR F
STREET MULTI-FAMILY PROJECT
1. The property and use shall be in substantial conformance with the High Density Residential Zoning District (R-3) for the development of multi-family residential units.
2. The applicant or successor(s) in interest agrees as a condition and in consideration of the approval of this and related approvals that it shall defend, indemnify and hold harmless the City of Los Banos or its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this approval, which action is brought within the time period provided for under law, including but not limited to, Government Code Section 66499.37, as applicable.
3. The applicant or successor(s) in interest shall reimburse the City for any court costs and attorney's fees that the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve applicant of his obligations under this condition. An agreement to this effect shall be recorded upon demand of City Council concurrent with the issuance of permits or use of the property, whichever occurs first and as applicable. The City shall promptly notify the applicant of any such claim, action or proceeding, and the City shall cooperate fully in the defense thereof. If the City fails to promptly notify the applicant of any such claim, action, or proceeding or fails to cooperate fully in the defense thereof, the applicant shall not thereafter be responsible to defend, indemnify, or hold the City harmless.
4. Prior to approval of any improvement plans, Developer shall form or annex the Property to a community facilities district created for the purposes offunding 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 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.
5. Prior to approval of any improvement plans, the Developer shall form or annex the 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 Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It 5 177
is the intent of the parties that the assessment of the 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.
6. The Developer shall implement all Mitigated Measures identified in the Mitigation Monitoring and Reporting Plan for the project (SCH #2021090191 ), incorporated herein by this reference.
Notice: The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code section 66020(d)(1), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby notified that the 90-day protest period commences from the date of approval of the project. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of section 66020, the applicant will be legally barred from challenging such exactions.
6 178
LOsBanos
At tlw Crossroads ,f Cal~fornia
Initial Study/ Mitigated Negative Declaration
F Street Multi-Family
General Plan Amendment #2020-02 Zone Change #2020-02,
and Site Plan Review #2020-06
September 10, 2021
Lead Agency:
City of Los Banos
Community and Economic Development Department
Contact: Rudy Luquin
Associate Planner
City Hall 520 J St.
Los Banos, CA 93635
(209) 827-2432
www.losbanos.org
1 of 38
179
Purpose
The California Environmental Quality Act (CEQA) requires that public agencies document and consider the potential environmental effects of any agency actions that meet CEQA's definition of a "Project". Briefly summarized, a "Project" is an action that has the potential to result in direct or indirect physical changes in the environment. A Project includes the agency's direct activities as well as activities that involve public agency approvals or funding. Guidelines for an agency's implementation of CEQA are found in the "CEQA Guidelines" (Title 14, Chapter 3 of the California Code of Regulations).
Provided that a Project is not found to be exempt from CEQA, the first step in the agency's evaluation of the potential environmental effects of the Project is the preparation of an Initial Study. The purpose of an Initial Study is to determine whether the Project would involve ''significant" environmental effects as defined by CEQA and to describe feasible mitigation measures that would be necessary to avoid the significant effects or reduce them to a less than significant level. In the event that the Initial Study does not identify significant effects, or identifies mitigation measures that would reduce all of the significant effects of the Project to a less than significant level, the agency may prepare a Negative Declaration. If this is not the case, the agency must prepare an Environmental Impact Report (EIR); the agency may also decide to proceed directly with the preparation of an EIR without preparation of an Initial Study.
The purpose of this Initial Study and Proposed Mitigated Negative Declaration (IS/MND) is to identify the potential environmental impacts and proposed mitigation measures associated with the proposed Stonefield Home, Inc. Project located within the City of Los Banos, County of Merced.
Pursuant to Section 15367 of the CEQA Guidelines, the City is the Lead Agency in the preparation of this IS/MND, and any additional environmental documentation required for the Project. The City has responsibility for approval or denial of the Project application. The intended use of this document is to provide information to support conclusions regarding the potential environmental impacts of the Project. The IS/MND provides the basis for input from public agencies, organizations, and interested members of the public.
Project Location
The Project site is located within the City of Los Banos, County of Merced. Specifically, the project is located at 1133 F Street (APN:025-152-005) on approximate 0.90 acres on the south west corner of Santa Rita Avenue and F Street. The uses surrounding the site include:
East: Vacant commercial parcel
South: Existing business
West: Existing mechanic shop
North: Existing multi-family residential development
2of38
180
Project Description
The proposed project consists of a General Plan Amendment of 0.90 acres from Industrial to High Density Residential; a Zone Change of 0.90 acres from General Commercial (C-1) to High Density Residential (R-3); and the construction of two (2) multi-family buildings (9,068 square feet each) with a total of 16 residential dwelling units. The proposed parcel will be developed in accordance with Title 9, Chapter 3, Article 8, High Density Residential (R-3) of the Los Banos Municipal Code and the High Density Residential (HDR) land use designation from the Los Banos 2030 General Plan.
A copy of the proposed project's Site Plan is included as part of this Initial Study as Exhibit A.
Domestic water services will be provided by the City of Los Banos by connecting to an existing eight (8) inch water line located on Santa Rita Avenue. Sanitary sewer services will be provided by connecting to the City of Los Banos off of Santa Rita Avenue. Storm drain services will be provided by connecting to an existing eighteen (18} inch line located on F St. Fire hydrants will also be installed in accordance with the City of Los Banos Fire Department standards and specifications. Dry utilities (i.e. gas and electric} will be provided via Pacific Gas and Electric.
The existing site includes disked vacant land. No structures currently exist on the site.
Environmental Determination:
The Lead Agency has prepared an Initial Study, following, which considers the potential environmental effects of the proposed project. The Initial Study shows that there is no substantial evidence, in light of the whole record before the Lead Agency, that the project may have a potentially significant effect on the environment, provided that the following mitigation measures are included in the project.
MITIGATION MEASURES:
The following mitigation measures shall be incorporated intc:i the proposed project:
Mitigation Measure V-1:
In the event of the accidental discovery of recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken:
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until; a. The comer of Merced County is contacted to determine that no investigation of the cause of death is required; and
b. If the corner determines the remains to be Native American:
i. The corner shall contact the Native American Heritage Commission within 24 hours.
ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.
3 of 38
181
Mitigation Measure Vlll-1:
Prior to the approval of the proposed project's Improvement Plans, the applicant, or project proponent, shall prepare and submit to the City of Los Banos Community and Economic Development Department a Phase 1 /Environmental Site Assessment (ESA).
The recommendations of the Phase 1/ESA shall be incorporated into the proposed project, as deemed necessary by City staff.
The most likely descendent may 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 any associated grave goods as provided in Pubic Resources Code Section 5097.98
Therefore, the Lead Agency proposed to adopt a Mitigated Negative Declaration for the project, in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines.
Date
4of38
182
City of Los Banos
520 J Street
Los Banos, CA 93635
(209) 827-7000
Environmental Checklist Form
Project Title
F Street Multi-Family - GPA #2020-02, ZC #2020-02, and SPR #2020-06 Lead Agency Name and Address
City of Los Banos
520 J Street
Los Banos, CA 93635
Contact Person and Phone Number
Rudy Luquin, Associate Planner
Phone: (209) 827-2432
[email protected]
Project Sponsor's Name and Address
Stonefield Home, Inc.
923 E. Pacheco Blvd
Los Banos, CA 93635
Project Location and Setting
The Project site is located within the City of Los Banos, County of Merced. Specifically, the project is located on approximately 0.90 acres at 1133 F Street (APN: 025-152-005) on the south west comer of Santa Rita Avenue and F Street. The uses surrounding the site include:
East: Vacant commercial parcel
South: Existing business
West: Existing mechanic shop
North: Existing multi-family development
Figure 1 - Location Map, provides an illustration of the proposed project's regional location.
Figure 2 - Vicinity Map, provides an illustration of the proposed projects actual site.
The proposed project site has been vacant and undeveloped for over 30 years. Urban development has occurred surrounding the project site, along with associated street and utility improvements. Topography of the site is relatively flat. There is small vegetation located throughout the project site. The vegetation will be removed as part of the development of the proposed project. There are no structures located on the project site.
5of 38
183
General Plan and Zoning Designations
General Plan: Industrial
Zoning: General Commercial
Project Description
The proposed project consists of a General Plan Amendment of 0.90 acres from Industrial to High Density Residential; a Zone Change of 0.90 acres from General Commercial (C-1) to High Density Residential (R-3); and the construction of two (2) multi-family buildings (9,068 square feet each) with a total of 16 residential dwelling units. The proposed project will be developed in accordance with Title 9, Chapter 3, Article 8, High Density Residential (R-3) of the Los Banos Municipal Code and the High Density Residential land use designation from the Los Banos 2030 General Plan.
A copy of the proposed project's Site Plan is included as part of this Initial Study as Exhibit A.
Domestic water services will be provided by the City of Los Banos by connecting to an existing eight (8) inch water line located on Santa Rita Avenue. Sanitary sewer services will be provided by connecting to the City of Los Banos off of Santa Rita Avenue. Storm drain services will be provided by connecting to an existing eighteen (18) inch line located on F Street. Fire hydrants will also be installed in accordance with the City of Los Banos Fire Department standards and specifications. Dry utilities (i.e. gas and electric) will be provided via Pacific Gas and Electric.
The existing site includes disked vacant land. No structures currently exist on the site. 6of38
184
Project
Site
Figure 1 - Location Map
7 of 38
185
Figure 2 - Vicinity Map
8of38
186
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: (Boxes are checked below if the proposed project has the potential to cause significant impacts. If none then "No Significant Impacts" may be checked)
D Aesthetics
[81 Biological Resources
D Greenhouse Gas Emissions
D Land Use/ Planning
D Population/ Housing
[81 Transportation/ Traffic
D Mandatory Findings of
Significance
D Agriculture and Forestry Resources
[81 Cultural Resources
[81 Hazards & Hazardous Materials
D Mineral Resources
D Public Services
D Tribal Cultural Resources
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
D Air Quality
D Geology/ Soils
D Hydrology/ Water Quality
D Noise
D Recreation
D Utilities/Service Systems
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not X be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is requited.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have significant effect on the environment, because all potentially significant effect (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standard, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. q/ IC)/2-/
Date
9of38
187
EVALUATION OF ENVIRONMENTAL IMPACTS:
Notes:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors, as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site, as well as on-site, cumulative, as well as project-level, indirect, as well as direct, and construction, as well as operational impacts.
3. Once a determination has been made that a particular physical impact may occur, the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3XD). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impact Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Information sources for potential impacts {e.g., general plans, zoning ordinances) have been incorporated into the checklist references. Reference to a previously prepared or outside document, where appropriate, includes a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list is attached, and other sources used or individuals contacted are cited in the discussion.
8. This initial study format is the format suggested in the 2018 CEQA Guidelines.
9. The explanation of each issue identifies:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significant 10 of 38
188
ENVIRONMENTAL REVIEW CHECKLIST: (A brief answer to all questions is provided) Categories and Issues:
I. Aesthetics. Would the proposal:
a. Have a substantial adverse effect on a scenic vista? Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
181
No
Impact
□
Comments: According to the City of Los Banos 2030 General Plan and Environmental Impact Report (EIR), the proposed project area is not considered a scenic vista. Therefore, the proposed project will have a less than significant impact. b. Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? □ □ □ 181
Comments: The proposed project is not located on a State designated highway. Based on a review of the California Department of Transportation website (http://www.dot.ca.gov/hg/LandArch/16 livability/scenic highways/index.htm ), the nearest State scenic highway is Interstate 5, between the SR 152 and north to the San Joaquin County line. The proposed project is not located on or adjacent to Interstate 5 or SR 152, and therefore will have no impact to a State scenic highway. c. Substantially degrade the existing visual character or quality of the site and its surroundings? □ □ 181 □
Comments: The proposed project is located on an approximately 0.90 acre vacant site within the City of Los Banos and is currently surrounded by urban development on all four sides. The existing visual character of the proposed project and its surroundings consists of commercial and multi-family residential development. The construction of multi-family structures consisting of 16 dwelling units in this area would alter the existing visual character of the project site; however, given that it would be located adjacent to existing commercial and multi-family residential development within the City limits, it would be considered contextually consistent with surrounding land uses.
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? □ □ 181 D Comments: Development of the proposed project will include the installation of street lighting and lighting associated with multi-family residential development. As such, the proposed project will result in a new source of light. However, any street lighting installed will be installed in accordance with the City of Los Banos standards and specifications. In addition, the project site is surrounded by existing development on four sides and associated lighting (i.e. street lighting, residential lighting, etc.). Therefore, the proposed project will have a less than significant impact to lighting and glare. 11 of 38
189
Categories and Issues:
Potentially
Significant
Impact
Lessthan
Significant w/
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
II. Agriculture and Forest Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts of forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the Califomia Air Resources Board. Would the project:
a Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring program of the Califomia Resource Agency, to non-agricultural use? □ □ □
Comments: According to the State of California Department of Conservation Farmland Mapping and Monitoring Program, the proposed project is located on land classified as "Urban and Built-Up Land" and is not located on soils classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project will have a less than significant impact. b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? □ □ □ 181
Comments: The proposed project is currently zoned General Commercial and the General Plan land use designation Is Industrial.
The applicant is requesting the adoption of a General Plan Amendment and Zone Change that would allow High Density Residential uses. The project site was evaluated by the City of Los Banos 2030 General Plan/EIR and identified as being "Urban and Built-Up Land", and therefore, Is not considered to be agricultural or forest land. In addition, a Williamson Act Contract does not exist for the project site. Therefore, the proposed project will have no impact. c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section
12220(9)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
Comments: Please refer to comment 11.b.
d. Result in the loss of forest land or conversion of forest land to non-forest use?
□ □ □
□ □ □
Comments: The proposed project is located on existing vacant land, and is surrounded by existing commercial and multi-family residential land uses. The project site is not situated on lands considered to be forest land. Therefore, the proposed project will have no impact.
e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
□ □ 181 □
Comments: As noted above, the proposed project is located on existing vacant land that is not in production for agricultural crops.
The project site is surrounded by existing commercial and multi-family residential land uses and it is designated and zoned for urban development by the City of Los Banos 2030 General Plan and the Los Banos Municipal Code. The proposed General Plan Amendment and Zone Change will retain the urban development designation. Therefore, the proposed project will have a less than significant impact.
12 of 38
190
Categories and Issues:
Potentially
Significant
Impact
Less than
Significant w/
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Ill. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a.
b.
C.
d.
e.
Conflict with or obstruct implementation of the applicable air quality plan?
Violate any air quality standard or contribute substantially to an existing or projected air quality violation?
Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which
exceed quantitative thresholds for ozone precursor)?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number of people?
BACKGROUND DISCUSSION:
□
□
□
□
□
□ 181
□ 181
□
□ 181
□ 181
The proposed project is located in west Merced County, which is a portion of the San Joaquin Valley Air Basin (SJVAB). Air quality management under the federal and state Clean Air Acts is the responsibility of the San Joaquin Valley Air Pollution Control District (SJVAPCD).
The Federal and State governments have adopted ambient air quality standards (AAQS) for the primary air pollutants of concern, known as "criteria" air pollutants. Air quality is managed by the SJVAPCD to attain these standards.
Primary standards are established to protect the public health; secondary standards are established to protect the public welfare. The attainment status of the SJVAB for Merced County with respect to the applicable AAQS are shown in the following table.
The SJVAB is considered non-attainment for ozone and particulate matter (PM10 and PM2.5), because the AAQS for the pollutants are sometimes exceeded. The SJVAB is Attainment/Unclassified for carbon monoxide, but select areas, not including the City of Los Banos, are required to abide by adopted carbon monoxide maintenance plans.
The California Air Resources Board (GARB) through the Air Toxics Program is responsible for the identification and control of exposure to air toxics, and notification of people that are subject to significant air toxic exposure. A principal air toxic is diesel particulate matter, which is a component of diesel engine exhaust.
The SJVAPCD has adopted regulations establishing control over air pollutant emissions associated with land development and related activities. These regulations include:
Regulation VIII (Fugitive Dust Rules)
Rule 4101 (Visible Emissions)
Rule 9510 (Indirect Source Review)
SAN JOAQUIN VALLEY FEDERAL AND STATE
AAQS ATTAINMENT STATUS
Pollutant
Ozone, 1-hour
Ozone, 8-hour
PM10
PM2.5
Carbon Monoxide
Nitrogen Dioxide
Sulfur Dioxide
Lead (particulate)
Hydrogen Sulfide
Sulfates
Visibility-Reducing Particles
Vinyl Chloride
2See 40 CFR Part 81
Designation / Classification
Federal Standards8
No federal standard1
Nonattainment / Extremee
Attainmentc
Nonattainmentd
Attainment / Unclassified
Attainment / Unclassified
Attainment / Unclassified
No designation
No federal standard
No federal standard
No federal standard
No federal standard
13 of 38
State Standardsh
Nonattainment / Severe
Nonattainment
Nonattainment
Nonattainment
Attainment / Unclassified
Attainment
Attainment
Attainment
Unclassified
Attainment
Unclassified
Attainment
D
D
□
□
□
191
bSee CCR Title 17 Sections 60200-60210
con September 25, 2008, EPA redesignated the San Joaquin Valley to Attainment for the PM10 National AAQS and approved the PM10 Maintenance Plan
IIThe SJV is designated nonattainment for the 1997 PM2.5 NAAQS. EPA designated the SJV as nonattainment for the 2006 PM2.5 on November 13, 2009 (effective December 14, 2009). 8Though the SJV was initially classified as serious nonattainment for the 1997 8-hour ozone standard, EPA approved reclassification of the SJV to extreme nonattainment in the Federal Register on May, 2010 (effective June 4, 2010. 1
Effective June 15, 2005, the EPA revoked the federal 1-hour ozone standard, including associated designations and classifications. EPA has previously classified the SJV as extreme nonattainment for this standard. EPA approved the 2004 Extreme Ozone Attainment Demonstration Plan on March 8, 2010 (effective April 7, 2010).
Many applicable requirements for extreme 1-hour ozone nonattainment areas continue to apply to the SJVAB.
The SJVAPCD has adopted a CEQA impact analysis guideline titled Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). The GAMAQI is utilized in the following air quality impact analysis where applicable. The GAMAQI establishes impact significance thresholds for the non-attainment pollutant PM10 and precursors to the non-attainment pollutant ozone: reactive organic gases (ROG) and oxides of nitrogen (NOx).
ROG 10 tons/year
NOx 10 tons/year
PM10 15 tons/year
Projects that do not generate emissions in excess of these thresholds are considered to have less than significant air quality impacts. In accordance with Table 5-3(a) of GMAQI, the proposed project is considered a small project according to the Small Project Analysis Level (SPAL}, as it the project will produce 16 multi-family units which is less than threshold of the stated 590 multi-family units. Because the proposed project qualifies as small project in accordance to SPAL, GAMAQI notes that it has no possibility of exceeding emission thresholds.
Project construction will be subject to SJVAPCD rules related to control of construction emissions, including the various rules comprising Regulation VIII. The application of these rules to the project will further limit the potential air quality effects of the project.
The project will generate small amounts of new on-road traffic and associated ROG, NOx and PM emissions during project operation. Operation of the project site will not generate any substantial air emissions. As shown in the table below, potential emissions from project operation will be incidental and will not approach the GAMAQI significance thresholds.
Potentially significant emissions related to the construction and operation of land development projects are subject to regulation under SJVAPCD Rule 9510 Indirect Sources. Development associated with the proposed project will exceed the thresholds triggering the requirements of Rule 9510. Therefore, the project proponent will be required to comply with Rule 9510 and conduct an Indirect Source Review (ISR) process with the SJVAPCD.
COMMENTS:
a) The proposed project will not involve any conflict with, or potential to obstruct, implementation of, applicable Air Quality Attainment Plans. As discussed above, project related air emissions will be minor and below the threshold Identified In GMAQI. Therefore, the proposed project will have a less than significant impact. b) Proposed project construction emissions will be minor and short-term, and will not contribute to or cause violation to any air quality standards. The proposed project will not involve any substantial operational emissions. Therefore, U,e proposed project will have a less than significant impact. c) The proposed project will result in minor ROG, NOx, and particulate matter emissions during project construction, which will contribute to existing non-attainment status of Ule SJVAB for ozone and particulate matter. However, in accordance with GMAQI, these emissions are considered to be below the threshold and therefore be less than significant. The proposed project will be required to comply with Rule 9510, and conduct an ISR process with the SJVAPCD. The ISR process will determine the proposed project's actual emission and subsequently, allow for mitigation under Rule 9510. Therefore, the proposed project will have a less than significant impact.
d) Sensitive receptors are defined as facilities that house or attract children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Hospitals, schools, convalescent facilities, and residential areas are examples of sensitive receptors.
The proposed project is located in the vicinity of residential areas as it is surrounded on three sides by existing residential development. However, because the proposed project is considered a Small Project 14 of 38
192
Analysis Level (SPAL) under GMAQI, the proposed project has no possibility of exceeding the emission thresholds and therefore, will have a less than significant impact. e) The proposed project does not involve any features that will generate odors. Therefore, the proposed project will have a less than significant impact.
15 of 38
193
Categories and Issues:
IV. Blologlcal Resources Would the project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulation, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
□
Comments: As noted previously, the proposed project is located on vacant land and is surrounded by urban development.
However, based on a review of the City's 2030 General Plan EIR, and most notably, Figure 3.8-1, the proposed project is not located within any areas known for the potential of containing special status species and or habitats. Therefore, the proposed project will have a less than significant impact.
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
□ □ □
Comments: Based on the Los Banos 2030 General Plan and EIR, the proposed project is not located within an area known to contain riparian habitat. Most, if not all, of the riparian habitat located within the City is located along Los Banos Creek. The proposed project is not located within, or adjacent to Los Banos Creek. Therefore, the proposed project will have no impact.
C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
□ □ □
Comments: Based on the Los Banos 2030 General Plan and EIR, there are no identified wetlands within the project site.
Therefore, the proposed project will have no impact.
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
□ □ □
Comments: The proposed project is surrounded by existing commercial and multi-family residential development. New multi-family residential development created as a result of the proposed project would have no impacts to wildlife corridors as surrounding urban development already exists. Therefore, the proposed project will have no impact. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? □ □ □
Comments: Development of the proposed project will not require the removal of any trees. Therefore, the proposed project will have no impact.
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional or state habitat conservation plan?
□ □ □
Comments: The City of Los Banos, including the proposed project, is not located within an adopted Habitat Conservation Plan or Natural Community Plan. Therefore, the proposed project will have no impact. 16 of 38
194
Potentially Less than Significant Less than
Significant w/ Mitigation Significant
Impact Incorporated Impact No Impact
Categories and Issues:
V. Cultural Resources Would the project:
a.
historical
Cause a substantial
resource as
adverse
defined
change
in section
in the
15064.5?
significance of a □ □ 181 □
Comments: The proposed project site is currently vacant with minimal vegetation and does not contain any buildings or structures.
Based on a review of the Los Banos 2030 General Plan EIR, there are thirteen (13) historic resource sites within the City's Planning Area, primarily In the downtown area. None of these sites include the proposed project. As such, there are no historic resources or sites as defined by Section 15064.5 of the Government Code within the proposed project area. Therefore, the proposed project will have a less than significant impact.
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section 15064.5? □ □ 181 □ Comments: Based on a review of the Los Banos 2030 General Plan and EIR, the Los Banos Creek area has been identified as a highly sensitive area for potential archaeological sites. The proposed project is not located within the Los Banos Creek area, and therefore, potential impacts to archaeological resources are considered to be minimal. The project site has been disked yearly to reduce potential fire hazards and given the disturbed nature of the project site it would be unlikely that unknown cultural resources would be found on-site during grading and excavation associated with construction and installation of utilities for the new development. Therefore, the proposed project will have a less than significant impact. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? □ □ 181 □
Comments: The Los Banos 2030 General Plan and EIR do not identify any unique paleontologlcal resources or sites or unique geologic features within the proposed project area. As noted in the 2030 General Plan, paleontological resources have been typically identified within the Los Banos Creek area. Therefore, the proposed project will have a less than significant impact. d. Disturb any human remains, including those interred
outside of formal cemeteries? □ 181 □ □
Comments: It is not anticipated that the proposed project will disturb any human remains. However, through development and construction of the proposed project, human remains may be identified, particularly during activities requiring ground disturbance (i.e. grading, trench digging, etc.). As such, the proposed project shall incorporate Mitigation Measure No. V-1, specified below, in accordance with Section 15064.S{e) of the CEQA Guidelines, to reduce any potentially significant impacts to a level of less than significant.
Mitigation Measure V-1: In the event of the accidental discovery of recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken:
2. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until;
a. The comer of Merced County is contacted to determine that no investigation of the cause of death is required; and b. If the comer determines the remains to be Native American:
i. The comer shall contact the Native American Heritage Commission within 24 hours. ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.
iii. The most likely descendent may 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 any associated grave goods as provided in Pubic Resources Code Section 5097.98 17 of 38
195
Less than
Potentially Significant w/ Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
Categories and Issues:
VI. Geology and Soils Would the project:
a. Expose people or structures to potential substantial adverse
involving:
effects, including
·
the risk of loss, injury, or death □ □ □
1) Rupture of a known earthquake fault, as delineated on the most recent Afquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based □ □ □ on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
2) Strong seismic ground shaking?
□ □ 181 □
3) Seismic-related ground failure, including liquefaction? □ □ 181 □ 4) Landslides? □ □ 181 □
Comments: No known earthquake faults traverse the project site. The effects of seismic activity were addressed in the Los Banos General Plan EIR and found to be potentially significant. Implementation of General Plan policies S-I-8 mitigates this potentially significant impact to a less than significant level. Policy S-I-8 requires all new buildings be built according to the seismic requirements of the Unifonn Building Code. Therefore, these potential impacts are considered less than significant. No further environmental review is necessary.
b. Result in substantial soil erosion or the loss of topsoil? □ □ 181 □ Comments: Development of the proposed project will Include grading of the site to allow for the installation of multi-family residential building units. Thus, said grading would result in the loss of topsoil. However, through the preparation of Improvement Plans, the proposed project will be required to obtain a Grading Permit from the City of Los Banos. The Grading Pennit process will ensure the proposed project is graded In accordance with the City of Los Banos Standards and Specifications. Therefore, the proposed project will have a less than significant impact. c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
□ D 181 □
Comments: According to the United States Department of Agriculture (USDA) https://websoilsurvey.sc.egov.usda.gov/AppNVebSoilSurvey.aspx the soils in the area are of the project site are primarily Stanislaus-Dosamigos-Urban land complex on flat or nearly flat ground that may be subject to vertical displacement under seismic or static conditions. Such movement could include settlement, compaction, or liquefaction. Future development on the project site (e.g. single-family dwelling units and access driveways) would implement standard engineering and seismic safety design techniques in conformance with the recommendation of a prc;>ject specific design level geotechnical investigation as a standard condition of development would reduce potential impacts to less than significant. d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
□ □ 181 □
Comments: As noted above, the soils within the project area are generally Stanislaus-Dosamigos-Urban land complex. The soil is well drained, but has moderate expansion potential. Future development on the project site would be required to follow the recommendations of a project-specific design-level geotechnical investigation as a standard condition of development.
Development within the City of Los Banos would require review and approval by the Los Banos Building Department and the City Engineer. Given that the proposed project would be required to conform to the recommendations of the geotechnical report and the requirements of the City of Los Banos, the potential risks associated with expansive soils would be reduced to less than significant levels.
18 of 38
196
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal of waste water?
□ □ □
Comments: The proposed project consists of a General Plan Amendment, Zone Change, and Site Plan Review for the development of 16 multi-family residential units, which will be served by City of Los Banos sanitary sewer system. The use of septic tanks or alternative water systems are not part of the proposed project. Therefore, the proposed project will have no impact. 19 of 38
197
Categories and Issues:
VII. Greenhouse Gas Emissions Would the project:
Potentially
Significant
Impact
Less than
Significant w/
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Generate greenhouse gas emissions, either directly or D D 181 D indirectly, that may have a significant impact on the
environment
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of D O 181 D greenhouse gases?
Background Discussion:
Human-generated emissions greenhouse gases (GHGs) are understood to be an important cause of global climate change, which Is a subject of increasing scientific, public concern, and government action. Atmospheric concentrations of GHGs that trap heat in the earth's atmosphere and lead to a variety of effects, including increasing temperature, changes in patterns and intensity of weather and various secondary effects resulting from those changes, including potential effects on public health and safety.
California AB 32 identifies global climate change as a "serious threat to the economic well-being, public health, natural resources and the environment of California." As a result, global climate change is an issue that needs to be considered under CEQA.
GHGs include carbon dioxide (CO2), the most abundant GHG, as well as methane, nitrous oxide and other gases, each of which have GHG potential that is several times that of CO2. GHG emissions result from combustion of carbon-based fuels; major GHG sources in California include transportation (40.7%), electric power generation (20.5%), industrial (20.5%), agriculture and forestry (8.3%) and others (8.3%).
The State of California is actively engaged in developing and Implementing strategies for reducing GHG emissions. State programs for GHG reduction include a regional cap-and-trade program, new industrial and emission control technologies, alternative energy generation technologies, advanced energy conservation In llghtlng, heating, cooling and ventilation, reduced-carbon fuels, hybrid and electric vehicles, and other methods of improving vehicle mileage reduction programs. Using these and other strategies, the State's Global Climate Change Scoping Plan, adopted in December 2008, proposes to achieve a 29% reduction in projected business-as-usual emission levels for 2020.
The City of Los Banos 2030 General Plan and EIR includes policies and mitigation measures that reduce the impact level that is less than significant. Policies POSR-1-46, 52, 53, and C-1-4 of the City's 2030 General Plan include measures, that upon implementation, helps reduce the amount of greenhouse gases generated per capita in the City. It is important to note that the proposed project is consistent with the City's 2030 General Plan.
The SJVAPCD adopted a Climate Change Action Plan in 2008, and issued guidance for development project compliance with the plan in 2009. The guidance adopted an approach that relies on the use of Best Performance Standards to reduce GHG emissions.
Projects implementing Best Performance Standards would be determined to have a less than cumulatively significant impact. For projects not implementing Best Performance Standards, demonstration of a 29% reduction In GHG emissions from business-as-usual conditions is required to determine that a project would have a less than cumulatively significant impact. .
Comments:
VII-a) The proposed project would not generate any substantial greenhouse gas emissions beyond what has previously been identified in the City's 2030 General Plan and EIR. The proposed project is consistent with the 2030 General Plan, and will comply with the Policies noted in the discussion above.
Vll-b) The proposed project will not involve any known conflict with any adopted plan, policy, or regulation for reducing greenhouse gas emissions. The City of Los Banos also requires that all buildings conform to the energy conservation requirements of the California Administrative Code Title 24, as well as the California Green Building Standards (CALGreen) code, which Includes requirements for energy and water conservation in new construction. 20 of 38
198
Categories and Issues:
VIII. Hazards and Hazardous Material Would the project:
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
Less than
Significant
Impact
□
No
Impact
□
Comments: General Plan Amendment, Zone Change, and development of multi-family residential structures do not typically involve the transport, use, or disposal of hazardous materials. However, the project site was historically used for agricultural purposes over 30 years ago, and as such, there may be hazardous materials within the soil. Therefore, prior to the approval of the proposed project's Improvement Plans and Final Map, the applicant, or project proponent, shall prepare and submit to the City a Phase I/Environmental Site Assessment (ESA). The recommendations of the Phase 1/ESA shall be incorporated into the proposed project, as necessary. Therefore, the proposed project will have a less than significant impact with mitigation incorporated. Refer to Mitigation Measure Vlll-1, below.
b. Create a significant hazard to the public or the
environment through reasonable foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
□ □ [8l □
Comments: It is not anticipated that through the General Plan Amendment, Zone Change, Site Plan Review, and development of the proposed project, foreseeable upset and accident conditions will occur. Development of the proposed project will comply with all Federal, State, and local policies and regulations related to the construction of the proposed project. Therefore, the proposed project will have a less than significant impact.
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? □ □ [8l □
Comments: The proposed project is located approximately 0.35 miles to the nearest school which is greater than the stated quarter mile proximity. However, as noted above in VIII-a, the General Plan Amendment, Zone Change, Site Plan Review, and development of a multi-family residential do not typically involve the emission of handling of hazardous materials are identified, all Federal, State, and local policies and regulations related to hazardous materials shall be complied with. Therefore, the proposed project will have a less than significant impact.
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would create a significant hazard to the public or the
environment?
□ □ □
Comments: Appendix A of the Los Banos 2030 General Plan provides a list of hazardous sites within the City of Los Banos. Based on a review of Appendix A, the proposed project is not located on a site identified as hazardous. Therefore, the proposed projec;t will have no impact.
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people
residing or working In the project area?
□ □ □
Comments: The Los Banos Municipal Airport is located within the City of Los Banos and is a general aviation facility with a single paved runway 3,800 feet in length. According to the Merced County Airport Land Use Compatibility Plan, adopted June 21, 2012, the proposed project is not located within the airport's "Airport Influence Area". Therefore, the proposed project will have no impact. f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?
□ □ □
Comments: The project site is not located within the vicinity of a private airstrip. Therefore, the proposed project will have no impact.
21 of 38
199
g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
□ □ □
Comments: The Los Banos Fire Department has reviewed the proposed project, and provided feedback to ensure the proposed project complies with any emergency response plan or emergency evacuation plan. To ensure this compliance, the project proponent will be required to submit for approval to the Los Banos Fire Department the proposed project's Improvement Plans. This approval shall occur prior to the approval of the Improvement Plan. Therefore, the proposed project will have a less than significant Impact. h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
□ □ □ 181
Comments: The proposed project is located within an urban area and within the City of Los Banos, and is surrounded by existing development. As such, no wildlands exist within or adjacent to the proposed project. Therefore, the proposed project will have no impact.
Mitigation Measure Vlll-1: Prior to the approval of the proposed project's Improvement Plans, the applicant, or project proponent, shall prepare and submit to the City of Los Banos Community and Economic Development Department a Phase 1/Environmental Site Assessment (ESA). The recommendations of the Phase I/ESA shall be incorporated into the proposed project, as deemed necessary by City staff.
22 of 38
200
Less than
Potentially Significant w/ Less than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Categories and Issues:
IX. Hl£drologl£ and Water Quali~ Would the project:
a. Violate any water quality standards or waste discharge □ □ 18] D requirements?
Comments: The proposed project will not violate any Federal, State, or local water quality standards or waste discharge requirements. Prior to the Building Permit issuance, the Applicant will be required to obtain approval from the City of Los Banos for the project's Improvement Plans. These Improvement Plans include the design of infrastructure (i.e. water, sanitary sewer, storm drainage) required for the proposed project. Review and approval by City staff will ensure the proposed project complies with any applicable water quality standards and waste discharge requirements. Therefore, the proposed project will have a less than significant impact.
b. Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for which permits have been granted)?
□ □ □
Comments: The domestic water infrastructure proposed as part of the proposed project consists of connecting to the City of Los Banos existing domestic water system. According to Section 8.2 of the Los Banos 2030 General Plan, "the 2008 Urban Water Management Plan estimates that this supply is sufficient to meet City needs through 2030. • Therefore, it is anticipated that the City has sufficient supply to meet the demands of the proposed project. As such, the proposed project will have a less than significant impact.
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
D □ D
Comments: The proposed project will alter the existing drainage pattern of the site through construction and converting the site from vacant land to urban development. However, the proposed project, and its storm drainage design, will comply with the City's Drainage Design Manual and City Standards and Specifications. Compliance will be ensured through the proposed project's Improvement Plan process. Therefore, the proposed project will have a less than significant impact. d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in flooding on- or off-site?
□ □ □
Comments: The proposed project will contribute runoff water by adding 16 multi-family residential units and associated improvements (i.e. streets, water, sanitary sewer, storm drainage, etc.). However, through the design of the proposed project's storm drainage system, the project proponent will be required to comply with the Los Banos Drainage Design Manual and the City's Standards and Specifications. Therefore, the proposed project will have a less than significant impact. e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
D □ D
Comments: The proposed project will not degrade water quality within the vicinity of the project site. Therefore, the proposed project will have a less than significant impact.
f. Otherwise substantially degrade water quality? □ □ 18] □ Comments: Please refer to the comments and determination above, for IX-a. 23 of 38
201
g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary of Flood
Insurance Rate Map or other flood hazard delineation
map?
D D D
Comments: Based on a review of FEMA Flood Map No. 06047C0850G, dated December 2, 2008, which includes the proposed project site, the proposed project Is not located within a 100-year flood plain. Therefore, the proposed project will have no impact. h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? D
Comments: Please refer to the comments and determination above, for IX-g. i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?
□
D D
D D
Comments: The proposed project is located within the Planning Area as it defined in the Los Banos 2030 General Plan. According to Section 7 .2 of the Los Banos 2030 General Plan, "three dams close to Los Banos have the potential of inundating portions or the whole of the Planning Area. Flood zone mapping by the U.S. Army Corps of Engineers indicates that all of the Planning Area /s located within the San Luis Reservoir dam inundation area. Northern portions of the Planning Area are also located within the Los Banos Detention Reservoir and the Uttle Panache Reservoir Dam inundation area." All three dams are owned by the Bureau of Reclamation, and are inspected regularly for their structural integrity. In response to the potential of inundation by a result of dam failure, the City has adopted General Plan policies, which include coordination with the U.S. Army Corps of Engineers on potential flooding risks, and ensuring that City staff and Emergency Response Services are trained to respond to catastrophic dam failure.
Therefore, the proposed project Will have a less than significant impact. j. Inundation by seiche, tsunami, or mudflow? □ D □ 181 Comments: The City of Los Banos, including the proposed project, is located approximately sixty~six (66) miles east of the Pacific Ocean. Exposure of future residents within the proposed project to the risk of seiches, tsunami, or mudflows is minimal. Therefore, the proposed project will have no impact.
24of 38
202
Less than
Potentially Significant w/ Less than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Categories and Issues:
X. Land Use and Planning Would the project:
a. Physically divide an established community? D D ~ □
Comments: The proposed project is located within the City of Los Banos, which is an urbanized City located along State Route 152 and State Route 165. Specifically, the proposed project is surrounded by existing residential and commercial urban development on the north, south, east, and west sides of the project site. No new streets are proposed to be developed as a result of the proposed development. Therefore, the proposed project would not physically divide the established community, and would have no impact. b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental
effect?
D □ □
Comments: The proposed project would be consistent with existing uses in the project vicinity and would not result in substantial land use conflicts with the surrounding residential uses in the area. The project proposes to amend the General Plan to designate the approximate 0.90 acre project site from Industrial to High Density Residential and rezone the property from General Commercial (C-1) to High Density Residential (R-3), which would be consistent with the surrounding area that is primarily a mixture of single-family and multi-family dwelling units. The High Density Residential Zoning District (R-3) is intended to stabilize and maintain the residential character of the district for multi-family living with substantial space for cooperatively-used facilities and open spaces, which would be consistent with the surrounding area. Thus, the proposed General Plan Amendment to the land use designations and Zone Change would be consistent with the overall intent of the Los Banos 2030 General Plan and the Los Banos Municipal Code. c. Conflict with any applicable habitat conservation plan or natural community conservation plan? D □ □ 181
Comments: The proposed project is not located within an adopted Habitat Conservation Plan or Natural Community Conservation Plan. Therefore, the proposed project will have no impact. 25 of 38
203
Potentially Less than
Significant Significant w/ Less than
Impact Mitigation Significant No
Incorporated Impact Impact
Categories and Issues:
XI. Mineral Resources Would the project:
a.
Result in the loss of availability of a known mineral
resource that would be of value to the region and the □ D □ residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan? □ □ □ Comments Xl-a,b: Section 5.6 of the Los Banos 2030 General Plan, dated July 15, 2009, states, MAccording to the Department of Conservation: Mines and Geology, there are no known significant mineral resources located within the Planning Area. The Planning Area contains parts of San Luis Ranch alluvium and Modesto alluvium, known mineral occurrences of undardetermined mineral resources significance. According to the State Office of Mine Reclamation, sand and gravel is cu"ently mined within portions of the Los Banos Creek Fan, located southwest of the Planning Area. Although further exploration of the Planning Area could result in the reclassification of specific localities, no mineral resources have been historically exploited or are being currently exploited commercially within the Planning Area."
The proposed project is located within the Planning Area as it is defined in the Los Banos 2030 General Plan, and is consistent with the land use designation prescribed by the General Plan. Therefore, as determined in the Los Banos 2030 General Plan, the proposed project will have no impact to mineral resources of Statewide or local Importance. 26 of 38
204
Categories and Issues:
XII. t!Q1!! Would the project:
a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other
agencies?
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
□
Comments: Within the City of Los Banos, a primary source of noise is vehicle traffic. Under the City of Los Banos 2030 General Plan noise standards, the maximum allowable noise exposure to ground transportation is 60 dB CNEL for outdoor activity areas in residential, transient lodging, medical facilities, and church land uses. These land uses, which include the proposed project (residential), require a maximum allowable noise level of 45 dB CNEL for interior spaces. The proposed project will increase the number of vehicle trips within the project area. However, based on a review of Figure 3.11-3 of the Los Banos 2030 General Plan EIR, the proposed project is not located within an area identified as exceeding the City's General Plan noise standard upon build-out of the City's "Planning Area." Therefore, the proposed project will not exceed the Los Banos General Plan noise standards, and will have a less than significant impact.
b. Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels? □ □ ~ □ Comments: Construction of the proposed project will expose residence within the surrounding area to groundbome vibration and noise levels. However, that exposure will be temporary, and the project proponent will be required to comply with the Los Banos Noise Control Ordinance, Article 27. Therefore, the proposed project will have a less than significant impact. c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? □ □ □
Comments: The Los Banos 2030 General Plan EIR states, "The future noise contours suggest that even at build-out there is virtually no land, other than directly on the roadways, being exposed to noise levels above 60 dB." Figure 3.11-3 of the 2030 General Plan EIR further illustrates areas within the City that would be exposed to noise levels above the City's standard. Development of the proposed project will increase noise levels in the project area. However, the proposed project is not located within an area anticipated to generate noise levels above the standard identified in the Los Banos 2030 General Plan. Therefore, the proposed project will have a less than significant impact.
d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?
Comments: Please refer to XI I-c for comments and determination. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
0 □ □
□ □ □
Comments: Figure 3-11.2 of the 2030 General Plan EIR illustrates the existing noise contours as it relates to the airport. The 55 dBA CNEL noise contour line for the airport does not enter the project site, so noise levels from aircraft operations do not exceed standards. Therefore, the proposed project will have no impact. f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the
project area to excessive noise levels? □ □ □
Comments: The project site is not located within the vicinity of a private airstrip. Therefore, no impacts would occur related to noise from a private airstrip.
27 of 38
205
Categories and Issues:
XIII Population and Housing Would the project:
a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
□
Comments: According to the California Department of Finance, 2021 E-5 City/County Population and Housing Estimates (January 1, 2021 ), the population of Los Banos Is 42,869 persons with an average of 3.57 persons per household. The proposed project would enable the future development of 16 multi-family dwelling units within the City of Los Banos. With an average of 3.57 persons per household, the addition of 16 multi-family dwelling units within the City of Los Banos could add up to 57.12 people to the City. The potential population increase as a result of the project implementation is relatively low. Thus the proposed project would not induce substantial population growth. Therefore, the proposed project will have a less than significant impact. b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
□ □ □ 181
Comments: The proposed project will not require the displacement of existing housing which would necessitate the construction of replacement housing. Therefore, the proposed project will have no impact.
C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? □ □ □
Comments: The proposed project site is currently vacant, and at build-out will not displace substantial number of existing housing.
Therefore, the proposed project will have no impact.
28of 38
206
Less than
Potentially Significant w/ Less than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Categories and Issues:
XIV. Public Services
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
1) Fire protection? □ □ ~ □
2) Police protection? □ □ ~ □
3) Schools? □ □ ~ □
4) Parks? □ □ ~ □
5) Other public facilities? □ □ ~ □
Comments: The proposed project consists of a General Plan Amendment, Zone Change, Site Plan Review, and development of 16 multi-family residential units. The addition of these units and future residents will impact public services such as fire protection, police protection, schools, and parks.
Fire and police protection are provided by the City of Los Banos via the Los Banos Fire Department and Los Banos Police Department. To offset any potential impacts to fire and police services as a result of the proposed project, the proposed project will be required to pay the appropriate Capital Facilities Fees at the time a Building Permit is issued. In addition, as a Condition of Approval for the proposed project, the project will be required to annex into Community Facilities District (CFO) No. 2002-01 (Public Safety Services), which is an annual tax assessed to each new parcel within the proposed project. Therefore, potential impacts to fire and police protection services will be offset by payment of the applicable Capital Facilities Fees and annexing into CFO 2002-01.
Therefore, the proposed project will have a less than significant impact.
The proposed project is located within the Los Banos Unified School District (LBUSD). According to LBUSD School Facility Needs Analysis and Justification Study, dated June 2020, the proposed project will generate sixteen (16) students within the LBUSD. 2030 General Plan Policy LU-I-8 states, "Require new development to pay its proportionate share of the costs of public infrastructure, services and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure."
Specifically, based on the Table 1-8, Student Generation Rates, of the LBUSD School Facilities Needs Analysis, the proposed project will generate the following students per grade group:
Grade Group Multi-Family Student Generation Number of Students Generated by Rate Proposed Project
K-6 0.611 10
7-8 0.157 3
9-12 0.211 3
Total 16
According to the LBUSD Boundary Map, these students generated by the proposed will likely attend the following schools:
• R.M. Miano Elementary, which would see an increase of 10 students generated by the proposed project; • Creekside Junior High School, which would see an increase of 3 students generated by the proposed project; and, • Los Banos High School, which would see an increase of 3 students generated by the proposed project.
The LBUSD School Facility Needs Analysis and Justification Study, dated June 2020, states, 'The District's 2019-120 enrollment is greater than the capacities listed above for the K-6, 7-8 and 9-12 grade groups. The District, therefore, has no existing excess capacity available for students from new residential development in the K-6, 7-8, 9-12 grade groups." In addition, as noted above, the Los Banos Unified School District ("District") has prepared and adopted a School Facility Needs 29 of38
207
Analysis, and in accordance with Senate BIii 50, has adopted Level II and Ill impact fees. On June 11, 2020 the Los Banos Unified District School Board adopted a Level II Fee of $10.36 per square foot and a Level Ill Fee of $20.72 per square foot for new residential development. Prior to building permit issuance for the project, the developer will be required to pay the Level II fees to the Los Banos Unified School District in consistency with State Law. The payment of the fees will offset Impacts by funding LBUSD for future development of schools and/ or facilities to accommodate the potential new students.
The proposed project will impact parks and recreational facilities by adding additional residential units and residents within the City.
However, to offset any potential impacts, the developer of the proposed project shall pay the applicable Capital Facilities Fees at the time of building permit issuance. Therefore, the proposed project will have a less than significant impact. 30 of 38
208
Categories and Issues:
XV. Recreation
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Potentially
Significant
Impact
D
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
□
Comments: The proposed project will increase the use of existing park facilities in the City of Los Banos. However, as noted previously in this Initial Study, the developer of the proposed project will be required to pay the applicable Capital Facilities Fees, which include park facilities, at the time of building permit issuance. This Capital Facilities Fee is intended to offset impacts of new development to public services, including parks and park facilities. Therefore, the proposed project will have a less than significant impact.
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
□ □ 181 □
Comments: The proposed project does not consist of the development of new recreational facilities, nor will it necessitate the construction or expansion of existing recreational facilities. As noted above, the developer of the proposed project will be required to pay the applicable Capital Facilities Fee at the time of the building permit issuance. The intent of the Capital Facilities Fee is to offset any potential impacts to public services and facilities, including parks and recreational facilities, as a result of new development.
Therefore, the proposed project will have a less than significant Impact. 31 of 38
209
Categories and Issues:
XVI. I Transportation / Traffic: Would the project:
a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
□
Comments: The City's 2030 General Plan Circulation Element provides the guiding policies and implementing actions associated with transportation in the City. Specifically, Implementing Action C-I-12 of the 2030 General Plan states, "Require traffic impact studies for all proposed new developments that will generate significant amounts of traffic (100 or more peak hour trips)." The project will develop two multi family structure totaling 16 units. It is not anticipated that the project will generate 100 or more peak hour trips based on the 16 units with 32 associated off-street parking spaces. b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion D D ~ D management agency for designated roads or
highways?
Comments: Please see the comment above in item XVI-a.
c. Result in a change in air traffic patterns, Including either an increase in traffic levels or a change in
location that results in substantial safety risks? □ □ □ Comments: The proposed project will not result in the change of air patterns, most notably from the Los Banos Municipal Airport.
Therefore, the proposed project will no impact.
d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)? □ □ □
Comments: Street improvements installed as part of the proposed project will be done in accordance with Caltrans and City standards and specifications. As such, hazards due to a design feature are not anticipated to occur. Therefore, the proposed project will have a less than significant impact.
e. Result in inadequate emergency access? □ □ □ ~
Comments: The proposed project is considered infill on an existing street where the access to multi-family development will be from two (2) points, one access at F Street and the second on Santa Rita Avenue. The project will have adequate emergency access available. Therefore, the proposed project will have a no impact. f. Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such
facilities?
□ □ □
Comments: The frontages of F Street and Santa Rita. Avenue currently have curb and gutter with no sidewalk, however the development of the sidewalk shall meet the adopted polices and plans for pedestrian/bicycle access and shall also meet the City of Los Banos Standards. Public transit is not located within near proximity to the project site. The proposed project will not decrease the performance or safety of these existing facilities. Therefore, the proposed project will have a less than significant impact. 32of 38
210
Categories and Issues:
XVII. Tribal Cultural Resources
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
1 . Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code
section 5020.1(k), or
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
D
Comments: Tribal cultural resources are generally defined by Public Resources Code 21074 as sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe. A Sacred Lands File Search, performed by the Native American Heritage Commission (NAHC) for the immediate project area did not indicate the presence of Native American cultural resources in the immediate project area. The project site has been annually disked and is surrounded by existing developments. As such, the proposed project will have a less than significant impact.
2. A resource determined by the lead agency, in its
discretion and supported by a substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resource Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
□ □ D
Comments: The project site is not known to contain any identified Native American tribal cultural resources and is not a known Native American sacred site. The City of Los Banos has not received any letters from any Native American tribes requesting tribal consultation per Public Resources Code, Section 210080.3.1(b) regarding the potential for a Native American tribal cultural resource to be located on or near the project site. A Sacred Lands File Search, performed by the Native American Heritage Commission (NAHC) for the immediate project area failed to indicate the presence of Native American cultural resources in the immediate area.
In addition, Mitigation Measure V-1, as previously discussed, would ensure that the proposed project would not cause any substantial adverse changes in the significance of previously unknown tribal cultural resources. Given the results of the NAHC and compliance with Mitigation Measure V-1, impacts related to tribal cultural resources, in accordance with the criteria set forth in Public Resource Code Section 5024.1, would be considered less than significant. 33 of 38
211
Less than
Potentially Significant w/ Less than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Categories and Issues:
XVIII. Utilities and Service Systems: Would the project:
a. Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? D D 181 D Comments: The proposed project will connect to the City's existing sanitary sewer system. The City has sufficient capacity to accommodate the proposed project and will not exceed any treatment requirements imposed by the Regional Water Quality Control Board. Therefore, the proposed project will have a less than significant impact. b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects?
D D D
Comments: The proposed project will connect to the City's existing water and sanitary sewer system. As part of this connection, the proposed project will not be required to increase the size of existing water and sanitary sewer lines in order to serve the project. The City has sufficient capacity in its domestic water and sanitary sewer systems to accommodate development within the proposed project. In addition, the proposed project will be required to pay the applicable Capital Facilities Fees, which include water and sanitary sewer fees, at the time of Building Permit issuance. Therefore, the proposed project will have a less than significant impact. c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant
environmental effects?
D D D
Comments: The proposed project will connect to the City's existing storm drainage system via connecting to an existing storm drain line located on F Street. The design and installation of the proposed project's storm drainage system will be done in accordance with the City's Drainage Design Manual, and does not require the construction or expansion of new/existing facilities. Therefore, the proposed project will have a less than significant impact. d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?
D D 181 D
Comments: It has been determined that there is sufficient water supply capacity available to serve the proposed project. The proposed project does not require the construction of new or expansion of existing facilities. e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
D D D
Comments: It has been determined that there is sufficient waste water supply capacity available to serve the proposed project. The proposed project does not require the construction of new or expansion of existing facilities. f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal
needs?
D D 181 D
Comments: Solid waste in the City of Los Banos is managed by the Merced County Association of Governments. The majority of the City's solid waste is taken to Billy Wright Landfill and additional waste is taken to Highway 59 Landfill. The City's 2030 General Plan EIR determined that there are sufficient options for expansion or relocation of services to meet the demand created by future growth in Los Banos. Therefore, the proposed project will have a less than significant impact. 34 of 38
212
g. Comply with federal, state, and local statutes and
regulations related to solid waste? □ □ □
Comments: The proposed project will comply with all Federal, State, and local statutes and regulations related to solid waste.
Therefore, the proposed project will have a less than significant impact. 35 of 38
213
MANDATORY FINDINGS OF SIGNIFICANCE
a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
Potentially
Significant
Impact
□
Less than
Significant w/
Mitigation
Incorporated
□
Less than
Significant
Impact
No
Impact
□
Comments: Finding (a) Is checked as "Less Than Significant Impact" on the basis of the proposed project's potential impact on biological resources, as described in Category 4 of this Initial Study. Potential impacts were Identified in this issue area but they were identified to be less than significant.
b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable Mure projects)?
□ □ □
Comments: As described in this Initial Study, the potential environmental effects of the proposed project will either be less than significant, or will have no impact at all. Where the proposed project involves potentially significant impacts, these impacts would have a less than significant impact with mitigation measures incorporated.
The potential environmental impacts identified in this Initial Study have been considered in conjunction with each other as to their potential to generate other potentially significant impacts. The various potential environmental impacts of the proposed project will not combine to generate any potentially significant cumulative impacts.
The City of Los Banos 2030 General Plan and EIR comprehensively account for ongoing and foreseeable urban development within the City's "Planning Area" and the cumulative environmental impacts of planned development. Future urban development in Los Banos includes the provision of roads, utilities, schools, and recreational facilities needed to serve City residents and visitors as their demands for urban services increase over time.
The proposed project will contribute to planned urban development in the City of Los Banos, by adding 16 multi-family residential units. The potential environmental impacts associated with the proposed project represent a portion of the environmental consequences of the planned growth and development permitted by the 2030 General Plan. The proposed project may involve a minor addition to the potential environmental impacts identified in the 2030 General Plan EIR, but the proposed project will not result in any substantial contribution to any of the significant cumulative impacts identified in the 2030 General Plan EIR. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? □ □ IZI □
Comments: This Initial Study has considered the potential environmental impacts of the proposed project in the discrete issue areas outlined in the CEQA Environmental Checklist. During the environmental analysis, the potential for the proposed project to result in substantial impacts on human beings in these issue areas, as well as the potential for substantial impacts on human beings to occur outside of these issue areas, was considered, and no other such impacts were identified.
REFERENCES
City of Los Banos 2030 General Plan
City of Los Banos Municipal Code
CEOA
All reference material may be reviewed at the City of Los Banos Community Development Department, 520 J Street, Los Banos, CA 93635. 36 of 38
214
APPENDIX A
Site Plan
37 of 37
215
..
I \
4..1-~- \ ===·--~- ~·:;:·-_ .·'
..,
1,1 '"
111
1,,
'"
111
hl
l11
111
111 I
l 1J--4
l1i I 111 I IJI I ,, .... 111 I
Ill I
lrt I 111 I 111 I
l1J I
111 I
IJI I
111 I 1\1 l
111 I
lit I 111 I
l j I
i11 I 111 I 111 I l[I I
t11 I IJI I 111 I Ill I
111 I 111 I
IJI I 111 I
111 I
IIJ I
111 I
111 I Iii 1 I ! I lj I
Iii I
Id I
111 I
I ii I
111 I
111 I
Ii 1 11 1
11 I
II I II 1 11 1 II I 111 I 111 I 111 I
IJI I l1L~
111 I
1/ 1 111 I
111---t
ljl I
lat I
11 1 1/ I I/ 1 111
,,._____ ________ _
\t~d,;:,===~=~• ===~a==-.a---=.,,,,.•~=
BENCHMARK ENGINEERING~
Cl'#I. 1:1tiiii:iii11 l LAIi> SURV '"" 11,1111_, ___ _
216
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE OFFICIAL
ZONING MAP BY REZONING PROPERTY
LOCATED AT 1133 F STREET ON ASSESSOR'S
PARCEL NUMBER: 025-152-005 FROM
GENERAL COMMERCIAL (C-1) TO HIGH
DENSITY RESIDENTIAL (R-3)
The City Council of the City of Los Banos does hereby ordain as follows:
Section 1. The property identified as Assessor's Parcel Number: 025-152-005 is hereby rezoned as shown on said map from General Commercial (C-1) to High Density Residential (R-3).
Section 2. The City Clerk is hereby directed to make the appropriate markings on the Official Zoning Map in conformance with this Ordinance and the provisions of the Los Banos Municipal Code.
Section 3. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance 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 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 __ Passed on the_ day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria 111, Mayor
1 217
ATTEST:
Lucille L. Mallonee, City Clerk
2 218
Legend
LosBanos_GPLU
GPLU
D Agriculture/Rural
- Civic/Institutional
- Commercial
D Employment Park
[wj High Density Residential
- Industrial
D Low Density Residential
D Medium Density Residential
- Mixed Use
D Neighborhood Commercial
- Park
~
~
... .
I
~
I
z
~ ! ·
General Plan Land Use Map
F Street Multi-Family Project
SAN LUIS ST
rlT
'
1~---··---------·-··-·.
~ ~ 1-·:-r
r.·--------1
I ~ l IA,ir IUl• Sl
~ ....
1 ---.. ~. A ...
. ,._
. i .. 'i
cl
219
Legend
Zoning
ZONE
,..~ A<- 1 f.......J C-1 , -, •• ""-1/
r
/'••,,' / /m/- I.- '
I C-N 1r, / / I I I . .,, / - / /'"· .
- ~, I I ✓ / I "I I fa",
- ~ -J -/ ~: h;; w I I J'r, J --.;,___ _/ // / .. / l-. --•··-·- I - I I J ,, " J ,.
M-X ' / "'..,_/ / /••• •• ~ / '" _____ ::
D OS t; ! I I .• I / ~ ;,·--- / • " "(, I I ,. , ' ' •, ,, '" EIT~a PARK r , I / ; / /"•--.. ··---J
-
~~ /'I · t,' P-F ~ { I B ; •• ·1 I ',,i I ~ -/ / ·•/ / ; ----I - P-0 / • --~ •-· / / " / I . I '"t:-._ '-:_/ I I ;t:
R
/ ·, '-,'- ,· / / ,_, ____ _J
-1 I / -""':, -..., •,J i I ,
D - .. / / 1 -... ' ~·----. / / ! R2 / '" / / "-. ""· / ~ ,. ..... r-;-, I _, 1•• '"'- / :
L:L .... l R-3 / j "' / ! ~- -.• ,. · "'· j •.
- I R
u
-C ,'
-.. ::._,
/ .. _/ l ,.,
/
/
•· //
) ''"'}'
/ '"-. ~ '·--•. - ! / ~ / 7"t •,, ___ _ .... / / / i .,, '-(. / ., / ;· '••,,, . ~ .,
t; 1
~ ...... ........._
...... ~ / //~. '. / .//
... '---.Zj;'
;;
.. ~
:l'
Zoning Map
F Street Multi-Family Project
SAN LUIS ST
t I I -,--TTT. .. .. I I I I l !
I I I
I I
!
___ j
I - l . ; ,. I
~ I - i
i'"J- 1
1 I -1. -~ ,
t· -- ,---+_L_ __ ~ ' I ' I I '
. .. • I
I ! -
..
■ SAN LUIS JU
•
..
l_ -
CANAL FARM LI
•-"Ii:.°'.<.-,..-;;- -.... ..,,,){vi ..::J
220
221
222
223
224
- ----d
"'
\
,__....,..... ___
I
~
lf)
225
THIS PAGE IS INTENTIONALLY LEFT BLANK
226
LOsBanos
At tlte Crossroads of Calif orni.a
a ++
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: June 3, 2022
Regarding: Notice of Public Hearing
Proposal: General Plan Amendment #2020-02, Zone Change #2020-02, and Mitigated Negative Declaration (SCH#2021090191)-F St. Multi Family NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a General Plan Amendment 2020-02, Zone Change #2020-02, and Mitigated Negative Declaration (SCH #2021090191) for the development of two (2) multi-family structures totaling 18,136 square feet with 16 residential units. The purpose of the General Plan Amendment is to amend current Industrial General Plan land use designation to proposed High Density Residential land use designation and Zone Change from General Commercial Zoning District to High Density Residential Zoning District. The project site is located at 1133 F St.; more specifically identified as Assessor's Parcel Numbers: 025-152-005.
The Los Banos Planning Commission held a public hearing on April 13, 2022, for the purpose of considering the above mentioned project. At the completion of the public hearing, the Planning Commission duly considered all evidence presented and recommended approval to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, June 15, 2022, at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Commuity and Economic Development Director at City Hall or at (209) 827-2433.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
-rm
227
THIS PAGE IS INTENTIONALLY LEFT BLANK
228
LOsBanos
i\l the Cro:sroads o.f C,difor nia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: June 15, 2022
TYPE OF REPORT: Non Consent Agenda
SUBJECT: A Resolution of the City of Los Banos Declaring the Existence of Level 2 Water Supply Shortage Conditions
Recommendation:
That the City Council adopts the Resolution declaring that Level 2 Water Supply Shortage Conditions exist, which would implement the provisions of Ordinance No. 186 per the Municipal Code Section 6-7 .28 to reduce water consumption with the goal of achieving a 20% reduction as called for by Executive Order No. N-7-22 and by the State Water Boards Resolution No. 2022-0018.
Background:
On April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, Governor Newsom proclaimed states of emergency that continue today and exist across all the Counties of California, due to extreme and expanding drought conditions.
On March 28, 2022, in Executive Order N-7-22, the Governor affirmed that the orders and provisions contained in the four Proclamations from 2021 remain in full force and effect, except as modified by those Proclamations, and called on all Californians to reduce water use and directed specific State agencies to take actions in support of water conservation. Immediate action is needed to ensure water suppliers and all Californians are taking sufficient actions to conserve water and preserve the State's water supply.
Executive Order N-7-22 directs the State Water Board to consider adopting an emergency regulation by May 25, 2022, that requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources by June 1, 2022; that requires urban water suppliers to implement Level 2 demand reduction actions by a date determined by the State Water Board; and that defines "non-functional turf' and bans the irrigation of non-functional turf in commercial, 229
industrial, and institutional sectors. Emergency regulations adopted under Water Code section 1058.5 will remain in effect for up to one year, unless rescinded earlier, or extended by the State Water Board.
Based on previous gallons per capita usage numbers, the City of Los Banos is mandated a 20% reduction in potable water usage in order to meet the statewide mandate.
Discussion:
Adoption of the proposed resolution would allow Council to declare that a Level 2 Water Supply Shortage condition exists, and the measures in the shortage response action under the Level 2 Water Supply Shortage would become implementable. The resolution would become effective immediately after approval. This action will fulfill the City's obligation to implement water use conservation measures as articulated by the State Water Board and the Governor's executive order, and strive to meet the 20% water reduction goal.
In accordance with the adopted Water Shortage Contingency Plan, Level/Stage 2 is categorized with a possible reduction percentage of up to 20%. This condition applies when the City notifies its customers to reduce water usage due to drought or other reduction in supply. The existence of a Level 2 condition shall implement the conservation practices identified below:
1. Restrict landscape irrigation runoff, and limit over watering when feasible.
2. Landscape irrigation is prohibited between the hour of 11 :00 am and 7:00 pm.
3. Landscape irrigation is to be limited to specific days per Council direction. a. Staff is recommending to limit landscape irrigation per section 9-6.03.1 O ordinance no. 1156.
b. Overhead irrigation shall be restricted to certain days and times at all times during the year. It is unlawful for any person to use City supplied water for irrigation of lawn, landscaping, et cetera, between the hours of 11 :00 a.m. and 7:00 p.m. on any day of the week, year round. Usage of water for the aforesaid purposes shall be restricted year round to Sunday, Wednesday, and Friday before 11 :00 a.m. and after 7:00 p.m. on the even numbered side of any street and Tuesday, Thursday and Saturday before 11 :00 a.m. and after 7:00 p.m. on the odd numbered side of any street.
Watering shall be prohibited on Monday. "Even-numbered side of any street" shall mean that side of the street on which the house numbers end in even figures. "Odd-numbered side of any street" shall mean that side of the street on which the house numbers end in odd figures.
4. Cars, trucks and trailer can only be washed using automatic shut off valves.
5. Potable water may not be used for washing hard surfaces (e.g. concrete, asphalt, etc.).
6. Restaurants are required to only serve water upon request.
7. Lodging establishments are required to provide the option to opt-out of linen service.
8. Per the Executive Order N-7-22 and the State Water Boards, to prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
230
a. The use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. b. The taking of any action prohibited in this section (8) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal. c. For the purpose of this section, "Non-functional turf' means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
City Efforts to Reduce Water Use
As part of the Urban Water Management Plan, the City has adopted Demand Management Measures (DMM). These measures were adopted to aid the City in achieving various water use target pursuant to the California Water Code Section 10608.20. These measures includes the following:
1. Waste Water Prevention Ordinance
a. In 2017, the City adopted Ordinance No. 1156 to promote water conservation and water use efficiency through the establishment of provisions for water management practices and water waste prevention for landscaping as well as comply with State statutes.
2.Metering
a. The Metering DMM entails installing water meters on all new connections and implementing a plan to retrofit all existing unmetered connections.
Beginning in 2010, the City has been requiring meters on all new connections, including public uses. At this time, 100 percent of all connections are metered. The City has removed and replaced older existing meters with new electronic meters.
3. Conservation Pricing
a. The City meters all of its water accounts and encourages water conservation through its water and sewer service rate structure. b. All residential connections to the City's PWS have a flat monthly rate of $22.99 for an allowance of 1,500 cubic feet per month. An additional cost of $1. 78 per 100 cubic feet applies if household connections go over the monthly allowance. For multi-family units greater than one unit on one meter, the cost is the minimum rate plus $8.17 per unit. Commercial rates vary per meter size from $22.99 per month for meters less than 1- inch to $46.02 per month for meters 3 to 4 inches in size.
4. Public Education and Outreach
a. The Public Information DMM involves dissemination of information to the public through brochures, press releases, educational flyers, commercials, water conservation flyers, and conservation kits, to name a few. The City has provided water conservation information through education at schools, including yearly to 3rd graders, mailing letters to landowners, door-to-door information packages, door hangers, radio and TV commercials, educational handouts, and materials on City website. b. The City also promotes free irrigation timer programming as well as mailing annually the City's Consumer Confidence Report which includes 231
"Water Conservation Tips for Consumers" and a summary of the City's "Water Conservation Program."
5. Water Survey Program for Single and Multi-Family Residential (SFR and MFR) a. Upon request, City personnel will perform an exterior inspection (audit) for SFR or MFR customers in order to ascertain potential sources of water waste or water conservation opportunities. City personnel check for water leaks, and non-mandatory control measures are suggested.
Educational materials regarding the importance of water conservation are also provided.
b. In addition, the City offers water audits to all water customers, including customers with large, landscaped areas and landscape accounts, which may include irrigation scheduling assistance and information. The City also helps customers with the programming of irrigation timers. During these visits with the customers, the City staff reviews and helps with irrigation scheduling and efficiency and provides the customers with educational materials to assist with these functions and to promote water conservation.
The philosophy of the City is to educate and collaborate with our residents to achieve Conservation goals. Once passive solutions have been unsuccessful, a Violation of one or more of the water supply conservation measures would constitute a warning notice left at the customer's door. After receiving the "First Violation Written Warning Notice", a separate violation punishable by a fine will be received for the day that the regulations are violated. The first violation is $15, second violation is $30, and third violation is $75.
To that end the City will continue to implement water saving measures already in place as well as implement additional measures to achieve the set forth water conservation goals.
Fiscal Impact:
All previous water conservation requirements will still be enforced and citations will be issued for non-compliance of the City's Water Conservation Program. \
Attachm ts:
Resolution
City of Los Banos Water Shortage Contingency Plan
Executive Order No. N-7-22
State Water Resources Control Board Resolution No. 2022-0018 Water Boards Emergency Regulation FAQ sheet.
232
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS DECLARING THE
EXISTENCE OF LEVEL 2 WATER SUPPLY
SHORTAGE CONDITIONS
WHEREAS, the State of California is experiencing record dry conditions; and WHEREAS, on April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, Governor Gavin Newsom proclaimed states of emergency that continue today and exist across all the counties of California due to extreme and expanding drought conditions; and
WHEREAS, on March 28, 2022, Governor Gavin Newson issued an Executive Order No. N-7-22 directing the State Water Board to adopt an emergency regulation and implement the shortage response actions for a shortage level of up to twenty percent (Level 2) as it deems necessary, pursuant to Water Code section 1058.5, to ensure that urban water suppliers implement conservation measures; and WHEREAS, in response to the ongoing severe drought, on May 24, 2022 the State Water Boards approved an emergency regulation to ensure water agencies, their customers and state residents increase water conservation in urban settings or face possible fines or other enforcement; and
WHEREAS, the new conservation regulation is intended to reduce outdoor urban water use. The regulation, adopted by the State Water Board, mandates response actions to conserve water supplies and shall remain in effect for one year; and WHEREAS, the Los Banos Municipal Code Section 6-7.28 Lawn Irrigation and Section 6-7.32 Supplementary Rules and Regulations authorizes, that the City Council may, by resolution, adjust irrigation hours and times; and WHEREAS, as a step in reducing water usage and in an effort to meet the City's 20% mandated reduction in potable water use, the City Council desires to adopt a resolution which would immediately restrict watering day restrictions for outside irrigation to three days per week and prohibit the use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare the existence of Level 2 Water Supply Shortage and authorize the following:
1. That outdoor irrigation will be restricted to three times a week; Sunday, Wednesday and Friday of each week on the even numbered side of the street, and Saturday, Tuesday, and Thursday on the odd numbered side of the street.
Irrigation of lawns and landscaping would be prohibited between the hours of 11 :00am and 7:00pm on the appropriate days. Watering is not allowed on Mondays.
1 233
2. That the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. The use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. "Non-functional turf' means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
3. That the use of potable water for washing hard surfaces (e.g. concrete, asphalt, etc.) is prohibited.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
2 234
APPENDIX D
Water Shortage Contingency Plan
2020 LOS BANOS
URBAN WATER MANAGEMENT PLAN
235
THIS PAGE IS INTENTIONALLY LEFT BLANK
236
WATER SHORTAGE CONTINGENCY PLAN
FOR
THE CITY OF LOS BANOS
June 2021
Prepared By:
Provost & Pritchard Consulting Group
EST 1968
PROVOST&
PRITCHARD
CONSUL TING GROUP
237
THIS PAGE IS INTENTIONALLY LEFT BLANK
238
City of Los Banos Water Shortage Contingency Plan
Table of Contents
1 -PURPOSES AND PRINCIPLES OF PLAN .••..•..••••••.•..•..•.••••••.•.............•...•.....•.••••••.•.....•........•.• 2 Z -PROCEDURES FOR CONDUCTING ASSESSMENT .................................................................. 3
2.1 Decision Making Process .................................................................................................. 3
2.2 Data Inputs and Assessment Methodology ..................................................................... 4
2.3 Infrastructure Capabilities and Constraints ..................................................................... 6 3 -WATER SHORTAGE STAGES .•...••••••••••••••••••••••••••.•..•................•.......•.•.••.••..•..•.•.•..........•....• 7 4 -SHORTAGE RESPONSE ACTIONS ••••••..•••...•..•......•........•...•..•........•..•..••••......•..•..........••..•••••• 8
4.1 Response Actions by Water Shortage Stage .................................................................... 8
4.2 Artificial Water Features ................................................................................................ 11
4.3 Catastrophic Supply lnterruption ................................................................................... 12
4.4 Seismic Risk Assessment and Mitigation Plan ................................................................ 12
4.5 Locally Appropriate Supply Augmentation Actions ....................................................... 13
4.6 Locally Appropriate Operational Changes ..................................................................... 13
4. 7 Gap Between Supply and Demand ................................................................................ 13 5 -COMMUNITY OUTREACH ...........•.•............•..•...•..•••••.••••..••.••.....••.•..•...•...•.....•.•.•...........•.. 15
5.1 Current and Predicted Shortages ................................................................................... 15
5.2 Shortage Response Actions ............................................................................................ 15 6 -CUSTOMER COMPLIANCE AND ENFORCEMENT ................................................................ 16 7-LEGALAUTHORITY OF THE PLAN .............................................................................................................................................................. 17
7.1 Declaring a Water Shortage Emergency ........................................................................ 17
7.2 Coordination with other Cities and Counties ................................................................. 17 8-REVENUE REDUCTIONS AND EXPENSE INCREASES ............................................................ 18
8.1 Potential Revenue Reductions and Expense Increases .................................................. 18
8.2 Mitigation Actions .......................................................................................................... 18
8.3 Cost Compliance ............................................................................................................. 18 9 -MONITORING AND REPORTING REQUIREMENTS ............................................................. 19 10 - MONITORING AND EVALUATING THE PLAN .................................................................. 20 List of Tables
Table 1: Water Shortage Contingency Plan Requirements ................................................................ 2 i IP age
239
Table 3: Updated Levds of Water Shortage ...................................................................................... 7 Table 4: Mandatory Reduction Methods ........................................................................................... 8 Table 5: Preparation Actions for a Catastrophe .............................................................................. 12 List of Attachments
1 - Matrix of Water Use Restrictions by Water Shortage Stage 2 - Draft Resolution to Declare Water Shortage Emergency ii I P age
240
City of Los Banos Water Shortage Contingency Plan
Definitions
The following words and phrases whenever used in the Water Shortage Response Plan will have the meaning defined in this Section:
"Customer" means any person, business, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, or any other user of water provided by the City of Los Banos.
"Days" are defined as calendar days, unless otherwise indicated. "City" means the City of Los Banos.
''Drought" will mean any shortage in water supply based upon expected demands that are caused by hydrological, environmental, legislative, judicial actions, or by infrastructure failure. 'Waste/Unreasonable Use" means among other things, violations of the restrictions set forth in this policy at each specific response level.
'Water Conservation" means the efficient management of water resources for beneficial uses, preventing waste, or accomplishing additional benefits with the same amount of water. 'Water" will refer to potable water, unless otherwise specified. 'WSCP" refers to the City of Los Banos Water Shortage Contingency Plan in existence on the effective date of this ordinance and as readopted or amended from time to time. ll Page
241
City of Los Banos Water Shortage Contingency Plan
1 - PURPOSES AND PRINCIPLES OF PLAN
The purpose of the City of Los Banos (City, CLB) Water Shortage Contingency Plan (WSCP) is to provide a methodology for analyzing water supply reliability, to establish water shortage levels, identify appropriate response actions, and document protocols for enforcing the WSCP. This WSCP was prepared according to requirements in Sections 10632 & 10635 of the California Water Code. Error! Reference source not found. below shows the required components of a WSCP, the relevant water code section, and where they are found in this document.
Table 1: Water Shortage Contingency Plan Requirements
Water Supply WC 10632 (a.1) Section 2 Reliabili Anal sis Annual Assessment WC 10632 (a.2) Section 2 Procedures
Water WC 10632 (a.3) Section 3 Shortage Levels
Shortage Response Actions WC 10632 (a.4) Section 4
Communication Protocols WC 10632 (a.5) Section 5
Compliance and Enforcement WC 10632 (a.6) Section 6
Legal Authority WC 10632 (a.7) Section 7
Financial Consequences WC 10632 (a.8) Section 8 ofWSCP
Monitoring and Reporting WC 10632 (a.9) Section 9
WSCP Refinement WC 10632 (a.to) Section 10 Procedures
21 Page
242
City of Los Banos Water Shortage Contingency Plan
2 - PROCEDURES FOR CONDUCTING ASSESSMENT
2.1 Decision Making Process
Regulatory Requirement
§10632(a.2.A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.
§10632 (a.2.B) (iv) A defined set oflocally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
Written Decision-Making Process
The City determines water reliability through an assessment of the evaluation criteria provided in the following section. These criteria include climate, groundwater conditions, State Mandated Requirements, and catastrophic water interruptions.
The process typically includes the Public Works Director providing information and recommendations to the City Manager, who then presents the information to the City Council. The City Council decides whether to declare a water shortage. In a catastrophic emergency, the Public Works Director or City Manager can declare a Water Shortage if time is of the essence.
Monitoring during drought periods is also fundamental to decision making and evaluating the need for changes in water conservation requirements. The City maintains a decision-making process that consists of continuous communication between the City Manager and the City Council. Under normal water supply conditions, potable water production figures are recorded monthly. During a Stage 1 & Stage 2 water shortage, weekly production figures shall be reported to the City Manager. The City Manager shall compare the weekly production to the target weekly production to verify that the reduction goal is being met. Monthly reports shall be sent to the City Council. If reduction goals are not met, the City Manager will notify the City Council so that corrective action can be taken.
Throughout the implementation periods for Water Shortage Stages 3 through 6, a daily production report will be provided to the City Manager. Daily reports shall also be provided to the City Council.
All procedural reporting is increased to a weekly standard as advanced water shortage stages are implemented. The Council then reserves the authority to review, implement, and adapt necessary restrictions and ordinances if deemed necessary as response to severe shortage situations.
Locally Applicable Evaluation Criteria
Various factors are considered when evaluating and determining appropriate water shortage reductions. The influence of these factors can be policy or climate driven and are carefully considered prior to establishing reduction values and when the City's Council implements specific stages. These include but are not limited to the following factors:
1. Climate Driven Reductions. As seen in times of historic drought, the Central Valley's arid climate can experience multiple year periods of prolonged drought. The City currently has a reliable groundwater supply that offers reserves in dry years. Typically, the City could still meet all of their water needs during a drought. However, to be good stewards of the local water resources, water shortages will typically be declared when dry conditions persist. This will generally be related to local precipitation as well as regional and state-wide drought 3IPage
243
City of Los Banos Water Shortage Contingency Plan
conditions. The City of Los Banos will generally declare a water shortage when precipitation is substantially below normal and other local agencies implement drought related water conservation measures.
2. Groundwater Conditions. As seen recently throughout the Central Valley, SGMA or the Sustainable Groundwater Management Act, has been a driving force in establishing water conservation policy in order to achieve groundwater sustainability by 2040. Specific criteria or pumping restrictions have not yet been developed for Los Banos, although it is anticipated they will be determined over the next few years. They may mandate water conservation in certain years to help achieve groundwater sustainability.
3. State Mandated Water Use Restrictions. The State has the authority to mandate certain water use restrictions and overall water use reduction goals. This was done in 2014 and 2015. When this is required, the City will declare the appropriate Water shortage Response level to match the State requirements, and, if needed, adopt new or different response actions. When a State-wide or County-wide Drought Emergency Declaration is issued, this will typically trigger a Level 4 or higher Water Shortage Stage in Los Banos.
4. Catastrophic Water Supply Interruption. A catastrophic interruption of water supply can be caused by a regional power outage, equipment malfunction, earthquake, or other disaster.
Conservation measures encouraged or required during these conditions are typically meant to be temporary until normal water service can be restored. Water conservation mandates will generally be based on the reduction in the system capacity. For example, if 30% of the well pumping capacity is offline then a 30% water conservation goal will be mandated.
2.2 Data Inputs and Assessment Methodology
Current Year Demand
§10632 (a.2.B) (i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable.
The City of Los Banos does not import its water supply. All water supplied is obtained from City-owned groundwater wells distributed throughout the City, producing water from the Delta-Mendota Subbasin. The City's objective in supplying water to its users is to maximize its groundwater resources utilization through water-conserving measures. The City extracts its water from the Delta Mendota Subbasin via 13 active groundwater wells.
Recent demands include but are not limited to:
• Daily municipal water uses of potable water
• Water use for human health and safety
• Wastewater
• Fire prevention and protection
• Landscape irrigation
41 Page
244
City of Los Banos Water Shortage Contingency Plan
The volume of water to conserve in droughts will be based on a percent reduction of current demands.
Current demands will be defined as the average of the last three years of unconstrained demand, or in other words, the last three years with no special water use restrictions. If the City has experienced significant growth in the last few years, or other special circumstance that have influenced water demands, then this value can be adjusted accordingly. These special circumstances are discussed below.
Population Growth and Demand
As of 2020, population is expected to grow by 1.5% per year. Water demands are expected to increase at the same rate as population, with per capita use staying constant.
Several other factors can affect demand projections including:
■ Land use revisions (pertaining mostly to surrounding agriculturally productive land) • New regulations
■ Consumer choice
■ Economic conditions
■ Transportation needs
• Environmental factors
■
■
Conservation programs
Plumbing codes
The foregoing factors affect the amount of water needed, as well as the timing of when it is needed.
Past experiences have indicated that the economy and climate are the biggest factors in detennining water demand projections. During an economic recession, there is a major downturn in development and a subsequent slowing of the projected demand for water. These issues will be considered when estimating current water usage and water reduction goals.
Quantification of Water Supply
Re2'Ulatorv Requirement
§10632 (a.2.B) The key data inputs and assessment methodology used to evaluate the urban water supplier's water supply reliability for the current year and one dry year. §10632 (a.2.B) (iii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. §10632 (a.2.B) (v) A description and quantification of each source of water supply.
Water supply facilities for Los Banos include 13 groundwater wells, a pipeline distribution system, water storage tanks, and booster pumps. The supply available is based on the combined operational condition of these facilities. System capacities are regularly tested and documented. System capacities are adequate most of the year but can be pushed to their limit during peak summer hours. A new groundwater well is planned for the year 2024 and is estimated to yield 1,500 gpm or about 2,400 AF /yr. The City currently has no specific groundwater use restrictions under SGMA, but they may be developed over the next few years.
The City does not currently utilize or import surface water.
SI Page
245
City of Los Banos Water Shortage Contingency Plan
2.3 Infrastructure Capabilities and Constraints
I §10632 (a.2.B) (iii) Existing infrastructure capabilities and plausible constraints.
Los Banos extracts its water supply from groundwater aquifers via a series of wells. The City's existing system facilities include 13 active wells with a total pumping capacity of 14,875 gallons per minute (gpm), a distribution system with line sizes ranging from 4 to 30 inches in diameter, an devated storage tank with a capacity of 100,000 gallons, and a 5-million-gallon surface mounted storage tank equipped with 4 booster pumps with a total pumping capacity of 10,500 gpm.
Plausible constraints include operational problems or damage to wells, pipelines, pump stations, or storage tanks. During most of the year, the City has excess well capacity. The distribution system is also looped creating multiple paths for delivering water. The City also has redundancy in pumping infrastructure and power supplies, which are described in Section 4.
GI Page
246
City of Los Banos Water Shortage Contingency Plan
3 - WATER SHORTAGE STAGES
Re2Ulatory Requirement
§10632 (a.3.A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers' water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.
As outlined in the new Water Code requirements (10632 a & b.), Water Shortage Contingency Plans must include or be adapted to the six standard water shortage levels, which correspond to the progressive ranges of <10%, 10-20%, 20-30%, 30-40%, 40-50% and >50%. These six levels are described in Table 2. The various Response Actions that correspond with these levels are addressed in Section 4 of this plan.
Table 2: Updated Levels of Water Shortage
Level 1 Mandatory Less than 10%
Level2 Mandatory 10%-20%
Level 3 Mandatory 20%-30%
Level4 Mandatory 30%-40%
Level 5 Mandatory 40%- 50%
Level 6 Mandatory Greater than 50%
These water shortage stages each include specific water use restrictions that will be adopted and enforced. Detailed descriptions of each water shortage stage and their associated water use restrictions are provided in the following section.
This policy establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and prevent unreasonable use of water within the City. These actions will help assure adequate supplies of water to meet the needs of the public and further the public's health, safety, and welfare, recognizing that water is a limited natural resource that requires careful management not only in times of drought but at all times. It establishes six levels of response actions to be implemented in times of shortage with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies.
71 Page
247
City of Los Banos Water Shortage Contingency Plan
4- SHORTAGE RESPONSE ACTIONS
4.1 Response Actions by Water Shortage Stage
Re2Ulatory Requirement
§10632 (a.4) Shortage response actions that align with the defined shortage levels. §10632 (a.4.B) Locally appropriate demand reduction actions to adequately respond to shortages. §10632 (a.4.D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.
Consumption Reduction Methods
The City uses both consumption reduction methods (implemented by City staff) and customer response actions (implemented by water users) to reduce water use in droughts. The consumption reduction methods are summarized in the table below and discussed later in this section where specific water stages are described.
Table 3: Mandatory Reduction Methods
Expand Public Information
Cam ai
Im rove Customer Billin
Increase Frequency of Meter
Rea·
Increase Water Waste Patrols
Offer Water Use Surve s
Community event booths, community center
banners, city website, Facebook website,
news a er articles, door han er ackets, etc.
Bills include bar-graph illustrating users water
usa e histo and sa · s
All connections are metered
Daily patrol: City vehicles have ''WATER
PATROL" si s a ended
City offers assistance setting sprinkler timers and
water audits on services
Water Shortage Stages and Response Actions
The following stages and response actions were developed in accordance with Water Code 10632 a.4 and may be implemented by the City Council as deemed necessary to combat minimal to catastrophic water shortages. In addition, the various stages and response actions outlined in this plan can also be found in a matrix form as Attachment 1. The response actions include several that are mandated by the State as well as some the City chooses to implement. If the State mandates other response actions during a drought situation, they will be added to the list below.
For each of the stages described below, customers will receive a warning for the first offense when violating any of the restrictions and prohibitions previously discussed in association with Stage 6. A second violation will result in a penalty (See Section 6 of this Plan for more infonnation). Penalties for subsequent offenses will be 150% of the previous penalty. Actual water conservation restrictions and prohibitions are to be based on City Council adopted ordinances. The City council maintains the authority to add in or take out Response Actions from any stage at any time.
Bl Page
248
City of Los Banos Water Shortage Contingency Plan
Stage 1- Reduce Water Use by 10%.
Stage 1 is categorized with a possible reduction percentage of up to 10%. A Stage 1 condition applies when the City notifies its customers to reduce water usage due to drought or other reduction in supply.
The existence of a Stage 1 condition shall implement the conservation practices identified in this Plan.
These actions are all mandatory and may be altered by the City Council if deemed necessary:
Mandatory
■ Minimize landscape irrigation runoff, and limit over watering when feasible. ■ Landscape irrigation is prohibited between the hours of 11:00am and 7:00pm. ■ Landscape irrigation is to be limited to specific days per Council direction. ■ Cars, trucks and trailers can only be washed using automatic shut off valves. • Potable water may not be used for washing hard surfaces ( e.g., concrete, asphalt, etc.).
Stage 2 - Reduce Water Use by 20%
Stage 2 is categorized with a possible reduction percentage of up to 20%. A Stage 2 condition applies when the City notifies its customers to reduce water usage due to drought or other reduction in supply.
The existence of a Stage 2 condition shall implement the conservation practices identified in this Plan.
These actions may be altered by the City Council if deemed necessary:
Mandatory
■ Restrict landscape irrigation runoff, and limit over watering when feasible. ■ Landscape irrigation is prohibited between the hours of 11:00am and 7:00pm. ■ Landscape irrigation is to be limited to specific days per Council direction. ■ Cars, trucks and trailers can only be washed using automatic shut off valves. • Potable water may not be used for washing hard surfaces (e.g., concrete, asphalt, etc.). • Restaurants are required to only serve water upon request. • Lodging establishments are required to provide the option to opt-out of linen service.
Stage 3-Reduce Water Use by 30%
Stage 3 is categorized with a possible reduction percentage of up to 30%. A Stage 3 condition applies when the City notifies its customers to reduce water usage due to drought or other reduction in supply.
The existence of a Stage 3 condition shall implement the conservation practices identified in this Plan.
These actions may be altered by the City Council if deemed necessary:
Mandatory
■
■
■
■
•
•
•
•
■
Restrict landscape irrigation runoff, and prohibition of over watering.
Landscape irrigation is prohibited between the hours of 11:00am and 7:00pm.
Landscape irrigation is to be limited to specific days per Council direction.
Cars, trucks and trailers can only be washed using automatic shut off valves.
Potable water may not be used for washing hard surfaces (e.g., concrete, asphalt, etc.) .
It is prohibited to clean hardscapes with water (other than for health and safety requirements) .
A mandatory irrigation conservation program will be implemented ( certain types of landscape irrigation will be prohibited).
Restaurants are required to only serve water upon request.
Lodging establishments are required to provide the option to opt-out of linen service. 9IPage
249
City of Los Banos Water Shortage Contingency Plan
Stage 4- Reduce Water Use by 40%
Stage 4 is categorized with a possible reduction percentage of up to 40%. A Stage 4 condition applies when the City notifies its customers to reduce water usage due to drought or other reduction in supply.
A Stage 4 declaration is indicative of a severely threatened water supply and may be implemented to temporarily protect the City's existing infrastructure and groundwater quality. The existence of a Stage 4 condition shall implement the conservation practices identified in this Plan. These actions are all mandatory reduction actions and may be altered by the City Council if deemed necessary:
Mandatory
■
■
■
■
•
•
■
•
•
•
■
•
•
■
Landscape irrigation runoff or overwatering is prohibited.
Landscape irrigation is prohibited between the hours of 11:00am and 7:00pm.
Landscape irrigation is to be strictly limited to specific days per Council direction.
The washing of cars, trucks, and trailers is prohibited except for commercial carwashes.
Using potable water for washing hard surfaces (e.g., concrete, asphalt, etc.) is prohibited .
Restaurants are required to only serve water upon request .
Lodging establishments are required to provide the option to opt-out of linen service.
Cleaning hardscapes with water is prohibited (other than for health and safety requirements) .
A mandatory irrigation conservation program will be implemented (certain types of landscape irrigation will be prohibited).
New service connections are prohibited ( other than for those needed for human health and safety).
The filling of artificial water features is prohibited.
Must use a broom for cleaning hard surfaces (e.g., concrete, asphalt, etc.) .
Continued community outreach and awareness campaigns (See Table 3) .
Utilize a bucket when washing outdoor furniture or vehicles to prevent waste.
Stage 5-Reduce Water Use by 50%
Stage 5 is categorized with a possible reduction percentage of up to 50%. A Stage 5 condition applies when the City notifies its customers to reduce water usage due to emergency drought conditions or other reductions in supply. A Stage 5 declaration is indicative of extreme drought conditions causing severe strain and threatening conditions to the City's water supply. This Stage may be implemented to protect the City's existing infrastructure and groundwater quality. The existence of a Stage 5 condition shall implement the conservation practices identified in this Plan. These actions are all mandatory reduction actions and may be altered by the City Council if deemed necessary:
Mandatory
■
■
■
■
■
■
•
•
•
•
Landscape irrigation runoff or overwatering is prohibited.
Landscape irrigation is prohibited between the hours of 11:00am and 7:00pm.
Landscape irrigation is to be strictly limited to specific days per Council direction.
The washing of cars, trucks, and trailers is prohibited except for commercial carwashes.
Using potable water for washing hard surfaces (e.g., concrete, asphalt, etc.) is prohibited.
Restaurants are required to only serve water upon request.
Lodging establishments are required to provide the option to opt-out of linen service .
Cleaning hardscapes with water is prohibited (other than for health and safety requirements) .
A mandatory irrigation conservation program will be implemented and enforced (certain types of landscape irrigation will be prohibited).
New service connections are prohibited ( other than for those needed for human health and 10 IP age
250
City of Los Banos Water Shortage Contingency Plan
safety).
• The filling of artificial water features is prohibited. • The filling of swimming pools is prohibited.
• Must use a broom for cleaning hard surfaces (e.g., concrete, asphalt, etc.). • Continued community outreach and awareness campaigns (See Table 3). • Utilize a bucket when washing outdoor furniture or vehicles to prevent waste.
Stage 6-Reduce Water Use by Over 50%
Stage 6 is categorized with a possible reduction percentage of over 50%. A Stage 6 condition applies when the City notifies its customers of long-lasting emergency drought conditions and/ or other reductions in supply. A Stage 6 declaration is indicative of extreme drought conditions causing severe strain and immediate threat to the City's water supply. This Stage must be implemented to protect the City's existing infrastructure and groundwater quality. The existence of a Stage 6 condition shall implement the conservation practices identified in this Plan. These actions are all mandatory reduction actions and may be altered by the City Council if deemed necessary:
Mandatory
■
■
■
•
■
•
•
•
•
■
•
•
■
•
•
•
•
Landscape irrigation is prohibited except trees and large brush.
Landscape irrigation runoff or overwatering is prohibited.
Landscape irrigation is prohibited between the hours of 11:00am and 7:00pm.
Landscape irrigation is to be strictly limited to specific days per Council direction .
All commercial and private washing of cars, trucks, and trailers is prohibited.
Using potable water for washing hard surfaces ( e.g., concrete, asphalt, etc.) is prohibited .
Restaurants are required to only serve water upon request.
Lodging establishments are required to provide the option to opt-out of linen service .
Cleaning hardscapes with water is prohibited (other than for health and safety requirements) .
A mandatory irrigation conservation program will be implemented and enforced (certain types of landscape irrigation will be prohibited).
New service connections are prohibited (other than for those needed for human health and safety).
The filling of artificial water features is prohibited .
The filling of swimming pools is prohibited.
Must use a broom for cleaning hard surfaces (e.g., concrete, asphalt, etc.) .
Continued community outreach and awareness campaigns (See Table 3) .
Utilize a bucket when washing outdoor furniture or vehicles to prevent waste .
Potable water tanks may be imported into the city for use for filling stations or emergency water.
4.2 Artificial Water Features
Regulatory Requirement
§10632 (a.10) For purposes of devdoping the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.
lllPage
251
City of Los Banos Water Shortage Contingency Plan
In compliance with this requirement, the City has different response actions for swimming pools versus other water features (fountains, pond, etc.)
Use of potable water on fountains and other decorative water features has been prohibited under historic State Drought Emergency Conservation protocols and is likely to be a part of future State Drought Emergency declarations.
4.3 Catastrophic Supply Interruption
In the event of a catastrophic water supply interruption, immediate measures need to be planned that will allow the City to provide a minimum amount of water to its customers. Possible catastrophes may include a regional power outage, terrorism event at selected locations, or a natural disaster which affects selected facilities.
Table 4: Pre aration Actions for a Catastro he
Regional Power
Outa e
Earthquake
Terrorism Event
Activate emergency backup power and provide public notice through broadcasts of emergency and ask customers to reduce consu.m tion to essential uses.
Utilize emergency backup power if utility provided power is interrupted. Immediately implement Stage 2 or Stage 3 demand reduction ro am see Section 4.4 below .
Make use of alternate roduction facilities as available.
4.4 Seismic Risk Assessment and Mitigation Plan
Re~latory Requirement
§10632.S(a) In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. ( c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk.
The City's Public Works Department maintains a Water System Emergency Response Plan that was prepared in 2019. The Plan is not attached since it contains sensitive material, but it is available to other agencies on request. The Emergency plan provides critical detail outlining actions that must be taken prior to, during, and after an earthquake event and is broken down into the following steps:
I. Assess the Problem
II. Isolate and Fix the Problem
III. Monitoring
IV. Recovery and Return to Safety
12 I Page
252
City of Los Banos Water Shortage Contingency Plan
This protocol provides information on actions to be taken during and immediately after the event of an earthquake and what actions should be avoided for public safety. Direction is also given for assessing immediate damage to structures such as visible cracks or structural damages that could affect public health and safety. It is also noted that these events can cause significant power outages that can be slow to recover from. The City maintains back up natural gas or diesel engines that automatically start up if PG&E power is disrupted. These diesel engines have 250-to-500-gallon tanks that are kept at capacity in case of such an event. Additionally, the City also maintains two portable generators at their corporate yard in case of an emergency.
The City also adheres to its General Plan which outlines Seismic Safety measures and protocols. The Plan is currently being updated and is expected to be completed in 2021. More infonnation on this plan update can be found at the link provided below.
Website Link: losbanos2040.org
Lastly, the City also is a part of the Merced County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). This Plan is presently being updated; however, information on the current Plan and update can be found by accessing the link below.
https:/ / experience.arcgis.com/ experience/ c6ad8529e3a84651918e00115607206e/ page/ page_l 0/
4.5 Locally Appropriate Supply Augmentation Actions
§10632 (a.4.A) Locally appropriate supply augmentation actions.
The City currently relies solely on groundwater for its source of water supply and is therefore responsible for assuring drinking water quality standards. Should a particular well become in exceedance, the City will develop the required groundwater treatment facilities or construct a replacement well if needed. A treated surface water supply component may be added to the system in the future as noted in the UWMP. The City also has some level of redundancy in their well capacity and can accommodate loss of some wells over the short tenn and still provide the same level of service.
4.6 Locally Appropriate Operational Changes
I §10632 (a.4.C) Locally appropriate operational changes.
In times of significant water shortage, operational changes may be implemented to adapt the City's system in order to account for added stress or to decrease overall demand. Historically, the City has significantly increased Water Patrols which has included extending nonnal working hours for staff.
Water patrols have been one of the primary methods for regulating water use during a water shortage.
4. 7 Gap Between Supply and Demand
§10632 (a.4.E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.
Bl Page
253
City of Los Banos Water Shortage Contingency Plan
Each Stage has been established to directly reflect conceivable gaps between supply and demand during moderate, severe, and emergency drought conditions and supply shortages. If one stage is not successful at achieving a certain water use reduction, then the next stage will be enacted. Should the City acquire the ability to import additional surface water supply or increase their established groundwater well network, then the vulnerability identified in each Stage may need to be re-evaluated.
The City also maintains the flexibility and authority to adjust these Stages and Response Actions if deemed necessary.
14 I Page
254
City of Los Banos Water Shortage Contingency Plan
5 - COMMUNITY OUTREACH
5.1 Current and Predicted Shortages
§10632 (a.5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
The City plans to utilize the following media outlets and platforms for general public outreach and education and will also use these outlets to communicate current or predicted shortages:
• Community event booths
• Community center banners
• The City's website (www.losbanos.orw
• Facebook website
• Newspaper articles
• Door hanger packets
• Customer mailers
• City newsletter
The City Council may choose to enhance or adapt these communication methods during a drought or shortage event if deemed necessary.
5.2 Shortage Response Actions
Regulatory Requirement
§10632 (a.5.B) Any shortage Response Actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.
Any other rdevant communications.
As previously noted, during a normal or Stage 1 water shortage weekly production figures are provided to the City Manager. These are then used to evaluate and compare the figures to target weekly production to verify that the current reduction goal is being met in accordance with the appropriate shortage stage. These reports are then correlated to the City Council as deemed necessary. Should the City declare a Stage 3 shortage or higher, these actions will be continued with the addition of daily reports to both the City Manager and City Council.
15 I Page
255
City of Los Banos Water Shortage Contingency Plan
6 - CUSTOMER COMPLIANCE AND ENFORCEMENT
§10632 (a.6) For an urban retail water supplier, customer compliance, enforcement, appeaL and exemption procedures for triggered shortage Response Actions as determined pursuant to Section 10632.2.
Customers will receive a warning for any first offense. Penalties are billed separately upon a second offense. If a City employee notices water waste occurring, the customer will be cited a $15 fine payable to the City of Los Banos. The fine will increase to $30 for a second citation and $75 for a third citation.
Penalties for subsequent offenses will be 150 percent of the previous penalty.
Residents may appeal fines, penalties, and violations by filing a written notice to the City Clerk. The appeal must be filed within fourteen days after the written notice of such action appealed. The City clerk will set a date before the City Manager or City Manager's designee and shall give the appellant at least five days' notice of the time and place of the hearing. The findings on the appeal shall be final and conclusive.
16 I Page
256
City of Los Banos Water Shortage Contingency Plan
7 - LEGAL AUTHORITY OF THE PLAN
Re~ulatory Requirement
§10632 (a. 7 .A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage Response Actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.
Water use prohibitions and enforcement mechanisms must be approved by City Council resolution.
A Draft Water Shortage Emergency Resolution is included in Attachment 2 of this WSCP. The resolution can be modified depending on the severity of the drought and can be approved quickly, should an emergency arise. It is not currently adopted, as specific conditions of each emergency will likely be added as each emergency arises.
This WSCP was adopted jointly with the 2020 UWMP. Water code requirements for public noticing and holding a public hearing were followed. Refer to the City's 2020 UWMP for more details on the adoption process.
7.1 Declaring a Water Shortage Emergency
§10632 (a.7.B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 ( commencing with Section 350) of Division 1.
The City will follow the protocols outlined in this Plan should it become necessary to declare a water shortage emergency. The process will follow the pertinent sections of the California Water Code and be noticed for a public hearing, which will be initiated by the City Manager and Council. 7 .2 Coordination with other Cities and Counties
Rei,ilatory Requirement
§10632 (a.7.C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.
The City is required to coordinate and inform an appropriate wholesale supplier of projected water use in accordance with the Water Code. The City of Los Banos supplies all their own water and therefore this requirement is not applicable. The City provides a small amount of water outside their City limits, and those water users will be informed of drought and emergency situations the same as City residents.
17 I Page
257
City of Los Banos Water Shortage Contingency Plan
8 - REVENUE REDUCTIONS AND EXPENSE INCREASES
8.1 Potential Revenue Reductions and Expense Increases
Regulatory Requirement
§10632 (a.8) A description of the .financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
(A) A description of potential revenue reductions and expense increases associated with activated shortage Response Action described in paragraph ( 4)
The City of Los Banos has a flat rate component in its current rate structure for its residential customers that are billed on a volume basis by means of a water meter. As of 2021, the residential flat rate component was $21.25 per month which includes up to 1,500 cubic feet (cf) of water. Water use in excess of 1,500 cf per month is charged at the rate of $1.26 per hundred cubic feet (hcf). The flat rate component of the water rate is designed to cover basic operation and maintenance costs and helps mitigate the financial impacts of a water shortage on the City. Therefore, reduced water sales on a temporary basis will not prevent the continued funding of the water system. In addition, the City currently has approximately $100,000 in a water system emergency fund.
8.2 Mitigation Actions
§10632 (a.8.B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage Response Actions described in paragraph (4).
The City of Los Banos maintains a water system emergency fund of approximately $100,000 to assist in protecting the City from financial strain during a prolonged drought or shortage event.
8.3 Cost Compliance
§10632 (a.8.C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.
The City has its standard policies that address penalties for wasteful use or overuse of water during a Shortage Stage (See Section 6). Declaring a water shortage and enforcing response actions can be performed by existing staff with no significant increases in operating cost. 18 I Page
258
City of Los Banos Water Shortage Contingency Plan
9 - MONITORING AND REPORTING REQUIREMENTS
Regulatory Requirement
§10632 (a.9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.
The City of Los Banos maintains compliance with State reporting requirements, including the use of meters.
The procedures for monitoring reductions throughout the six different water shortage levels are outlined below:
• During the implementation of Stages 1 through 3, weekly production figures are provided to the City Manager and Public Works Director for review to assure weekly target production is being met. Monthly reports are then sent to the City Council for review. If reduction goals are not met, the City Manager will notify the City Council for further action if deemed necessary.
• During the implementation of Stages 4 through 6, the weekly production reports to the City Manager will continue, as well as the addition of daily production reports provided to both the City Manager and Public Works Director.
19 I P age
259
City of Los Banos Water Shortage Contingency Plan
10 - MONITORING AND EVALUATING THE PLAN
§10632 (a.10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and a ropriate water shortage mitigation strategies are im lemented as needed.
This WSCP is an update to a previous 2015 WSCP, as a part of the Los Banos Urban Water Management Plan (UWMP). This update satisfies new State requirements for WSCPs and reflects the refinements and improvements deemed necessary to adequately address the City's needs. The WSCP will be re-evaluated at least every five years and at the end of each major drought period to assess its performance. If deemed necessary, it will be modified and improved based on lessons learned. The Plan may also be updated in the middle of a drought year if needed. 20 I Page
260
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately 1.1 million acre-feet below lost year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in Morch have required the Deportment of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
261
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph l of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent. hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California. in accordance with the authority vested in me by the State Constitution and statutes. including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627. do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021. May l 0, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in full force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I coll on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632. l of the Water Code no later than June 1, 2022, and submit a final annual water 262
supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that hos submitted a water shortage contingency plan to the
Department of Water Resources implement. at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment.
Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time 263
protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section l 707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through l 732. and where the primary purpose is to improve conditions for fish, the Water Board sh<;ill expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for onadromous fish. California Code of Regulations. title 23, section 1064. subdivisions (a)(l )(A)(i)-(ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought. any ordinance. regulation, prohibition. policy. or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption. cooking. or sanitation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner. the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety. and the environment during this drought emergency. a county. city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of on existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability 264
Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (11 not likely to interfere with the production and functioning of existing nearby wells. and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 {commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 {commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to {a) any actions taken by state agencies, {bl any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under {a} or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable 265
Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required. and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 {commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
14. To increase resilience of state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.
15. By April 15, 2022. state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought. including emergency assistance to communities and households and others facing water shortages as a result of the drought. facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency. protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible. this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to. and does not. create any rights or benefits. substantive or procedural. enforceable at law or in equity, against the State of California, its agencies, departments. entities. officers. employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
GAVIN --'# NEWSOM - Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
266
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018
TO ADOPT AN EMERGENCY REGULATION
TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. These proclamations urge Californians to reduce their water use.
3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitt~d water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of non-functional turf by entities in the commercial, industrial, and institutional sectors.
4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.
Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
267
7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.
8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
9. SaveWater.CA.Gov is an online tool designed to help save water in communities.
This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.
10. Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
11 . On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
12. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: "prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter's priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports."
13. On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board's regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
14. The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state's housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts. 2 268
15. Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier's service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
16. The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
17. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.
2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes. 3 269
4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.
6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.
7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 24, 2022.
AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene 'Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
4 Jean~ Townsend
Clerk to the Board
270
ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
.(g_} As used in this section:
(1} "Commercial. industrial and institutional" refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), {i), and (j), and includes homeowners' associations , common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests.
(2) "Common interest development" has the same meaning as in section 4100 of the Civil Code.
(3) "Community service organization or similar entity" has the same meaning as in section 4110 of the Civil Code.
(4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5) "Non-functional turf' means turf that is solely ornamental and not regularly used for human recreational purposes orfor civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) "Plant factor" has the same meaning as in section 491 . (7} "Separate interest" has the same meaning as in section 4185 of the Civil Code.
(8) "Turf' has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingency plan" means the plan required by Water Code section 10632.
flu Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 5 271
10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the dead line set by section 10632 .1 of the Water Code . .(g ill Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022. at a minimum, all demand reduction actions identified in the supplier's water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1 ), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1 ), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier's water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent {Level 2), provided the supplier meets all of the following:
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report .
.(Ql Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier's water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20} percent (Level 2). implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as email. paper mail, bill inserts. customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum. the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
6 272
{fil (1) To prevent the unreasonable use of water and to promote water conservation , the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. ill The taking of any action prohibited in subdivision {e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
19} A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X. Section 2, California Constitution: Sections 4080, 4100, 4110, and 4185, Civil Code: Section 8627.7, Government Code: Sections 102, 104, 105, 275. 350. 377. 491 , 1122. 10608.12, 10617. 10632, and 10632.1 , Water Code; Lightv. State Water Resources Control Board (2014) 226 Cal.App.4th 1463: Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976. 7 273
THIS PAGE IS INTENTIONALLY LEFT BLANK
274
Second Water Conservation
Emergency Regulation of 2022
Frequently Asked Questions
Updated: June 6, 2022
General Information
1) Where can I find information on the State Water Board"s second water conservation emergency regulation of 2022?
You can find updated documents and subscribe to the Water Conservation Regulations email list for announcements on the State Water Board's Water Conservation Emergency Regulations webpage.
2) When will the emergency regulation be in effect?
The emergency regulation is expected to become effective on or about June 16, 2022.
The official date will be posted on the Water Conservation Emergency Regulations webpage.
3) How long will the emergency regulation be in effect? Once the emergency regulation takes effect, it will remain in effect for one year, unless the State Water Board (Board) modifies it, readopts it, or ends it before then. 4) Where can I find the adopted emergency regulation?
The adopted regulation text is available on the Board's Water Conservation Emergency Regulations webpage.
5) What is now required?
• Urban water suppliers must submit preliminary supply and demand assessments to the Department of Water Resources by June 1, 2022.
• Urban water suppliers must implement all conservation actions in their locally adopted plans meant to address at least a water shortage level of 10 to 20 percent (Level 2) by June 10, 2022.
• Owners and managers of commercial, industrial, and institutional properties must not use potable water for irrigating non-functional turf.
Non-Functional Turf
6) What is "turf''?
Turf means Ila ground cover surface of mowed grass." This official definition of turf can be found in section 491 of title 23 of the California Code of Regulations.
C A L IFORN l .t. ENVI RONMENTA L PR O T E CTION AGENCY STATE WATER RESOURCES CONTROL BOARD 10011 StrHt, Sacramento. CA 115814 • Malling Addre : P.O. Box 100, Sacramento, CA 95812-4100 • --~.ca.go-, 275
Fact Sheet
\\'atcr B11ard~
7) What is "non-functional turf''?
Non-functional turf is a ground cover surface of mowed grass that is ornamental and not otherwise used for human recreation purposes. Non-functional turf does not include school fields, sports fields, and areas regularly used for civic or community events. 8) Does the non-functional turf irrigation ban apply to residential properties?
No, residential properties may continue to irrigate turf, subject to local rules. The Board encourages people to reduce turf irrigation on their properties and to convert turf to water-wise plants, but those are not required by this regulation. For more information and practical tips for converting your landscape and making your yard more water-wise, visit SaveOurWater.com.
9) Are there any exceptions to the non-functional turf irrigation ban? The ban only applies to irrigation of non-functional turf in the commercial, industrial, and institutional sectors and only applies to irrigation with potable water. It does not apply to residential lawns or any turf that is regularly used for human recreational purposes, such as community spaces, or sports fields and other turf spaces used for recreation or events. The regulation does not ban the irrigation of trees or other non-turf plantings.
There is an exemption process available for certain low water using turf species and irrigation approaches. To be exempt from the ban, an owner or manager must provide to their water supplier evidence that they have met two requirements: (1) the user must certify that the turf species needs low levels of water (a plant factor of 0.3 or less; "plant factor'' is a factor used to estimate the amount of water needed by plants - see section 491 of title 23 of the California Code of Regulations) and (2) the user must demonstrate that the turf is irrigated in a way that uses low levels of water (less than 40 percent of reference evapotranspiration). For more information on plant factors and reference evapotranspiration, see the state's Model Water Efficient Landscape Ordinance. 10) May people use recycled water or greywater to irrigate turf? Yes, however the Board encourages people to prioritize irrigation of trees and other plants due to the severity of the drought and the amount of water required for turf. 11) Does the regulation affect trees? Do urban trees need to be watered?
The regulation does not restrict the watering of trees, just turf. Although most mature trees often require little to no irrigation, some species do. The Board urges people to continue to water trees, even while reducing or stopping the irrigation of turf. Trees that are just getting established may need to be watered more frequently, including hand watering. Trees near or on non-functional turf could be impacted by some responses to the ban on turf irrigation, but the regulation allows continued irrigation of trees even if turf, such as turf under trees, will receive water. For more information about tree species and water needs, visit the Save Our Trees section within SaveOurWater.com. 2 276
Fact Sheet
\\"atcr Bl>a1J~
12) Who will enforce the non-functional turf prohibition? Water suppliers and local governments are expected to communicate the ban on irrigation of non-functional turf to their commercial, industrial, and institutional customers. The emergency regulation makes violations of the ban an infraction: any entity that is already authorized to enforce infractions, such as a water supplier or local government, may choose to enforce violations of the regulation.
In addition, anyone may report water waste, including irrigation of non-functional turf on a commercial, industrial, or institutional property, to the Board at SaveWater.CA.Gov.
The Board may use its enforcement authority to respond to violations of the regulation. 13) What actions may a water supplier or local government (or any entity already authorized to enforce infractions) take to enforce violations of the regulation? What actions may the Board take? Local or Board enforcement may include warning letters, conservation orders, and fines (up to $500 per day). The Board also encourages agencies to provide additional assistance to disadvantaged communities and translate conservation announcements and materials into the languages spoken at properties in commercial, industrial, and institutional sectors.
14) Where can I report water waste violations?
You can report water waste violations online at SaveWater.CA.Gov. These reports are sent to local water suppliers and the Board. The website allows you to upload photos, which helps with enforcement decision-making.
Homeowners' Associations (HOAs) & HOA Residents
15) Does this regulation apply to HOAs?
Yes, but only to non-functional turf on property the homeowners' association (HOA) owns, not residences. While an individual's property is considered residential, property owned and maintained by an HOA is considered the same as landscapes owned and maintained by commercial or institutional entities. This means that the regulation does not prevent homeowners from irrigating turf; it prohibits the irrigation of non-functional turf (with potable water) on property an HOA owns. However, the regulation does not ban the irrigation of turf used for recreation or community activities. 16) Who decides if turf is functional?
An HOA should review areas of turf that it maintains, consult with residents, and determine whether the turf is functional or not. Water suppliers may defer to HOAs' determinations that specific areas of turf are used for recreation or community events.
However, water suppliers also retain the authority to enforce the irrigation ban if there is a documented violation.
3 277
Fact Sheet
\\'alt'r Bt>artb
17) Can my HOA stop me from conserving water?
No. Homeowners may remove their lawns and replace them with water-wise plants. If you install water-efficient landscaping during the drought, your HOA cannot prevent you from maintaining it or require you to remove it when there is no longer a drought state of emergency. Additionally, your HOA cannot impose a fine or assessment for reducing or eliminating the watering of vegetation or lawns during a drought state of emergency, nor can it prohibit, or include conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. For more information and practical tips for making your yard more water-wise, visit SaveOurWater.com. 18) Are apartment buildings considered part of the commercial, industrial, and institutional sectors?
Most apartment buildings are part of the residential sector and therefore not subject to the ban on irrigation of non-functional turf. However, apartment buildings may also include commercial facilities, such as ground floor businesses or other commercial operations on site, in the same manner as HOAs (see above). Apartment building owners and managers should check with their water supplier to see whether their building or complex may be considered, in part, commercial, industrial, or institutional and would therefore have some landscaped areas subject to the same rules (and exclusions) as similarly situated landscaped areas in HOAs.
Water Shortage Response Actions
19) Where are instructions for suppliers to submit preliminary annual supply and demand assessments?
Annual supply and demand assessments should be submitted to the Department of Water Resources. Instructions for submitting this information can be found on the Department of Water Resources website.
20) By when must urban water suppliers that have not yet implemented Level 2 water shortage response actions do so? Per the regulation, urban water suppliers must implement Level 2 demand reduction actions by June 10, 2022.
21) What are Level 2 water shortage response actions?
For most urban water suppliers, water shortage responses have been adopted in the supplier's water shortage contingency plan and include actions intended to respond to a water shortage of 10 to 20 percent. Examples of Level 2 actions include rebate programs, drought rate structures, expanding information campaigns, and restrictions on outdoor irrigation days and times.
22) Are drought rate structures required?
Water suppliers are required to either implement drought pricing or enact a water waste ordinance (see Water Code sections 365-367). When implementing drought pricing, 4 278
Fact Sheet
Water B1,arJ~
water suppliers should design rates or surcharges to incentivize conservation by high-use customers. Information on conservation pricing is available on the Board 's website. 23) If a water supplier has adequate supply according to its supply and demand assessment, why is it required to implement Level 2 demand reduction actions?
The severity of this new normal makes it imperative that all Californians save water in every way possible. The drought emergency is statewide, and conservation is important to extend supplies so that more water is left for the future and for the environment. All water suppliers can support California's water resilience through additional conservation. See Question #27 for clarification on which water suppliers may take alternative compliance actions.
24) Are water suppliers required to implement all demand reduction actions in Level 2 of their plan?
Yes, water suppliers are required to implement all of their Level 2 demand reduction actions. However, they do not have to implement new residential connection moratoria if that is one of their Level 2 actions. See Question #27 for clarification on which water suppliers may take alternative compliance actions.
25) Are water suppliers required to implement Level 2 actions that do not reduce the demand for water?
Supply augmentation actions identified in Level 2 of a supplier's water shortage contingency plan are not required by this regulation; only Level 2 demand reduction actions are required.
26) What if an urban water supplier has not defined Level 2 water shortage response actions?
If an urban water supplier has not already complied with the preexisting requirement to submit a water shortage contingency plan to the Department of Water Resources, then, by July 10, 2022, they are required to implement the minimum demand reduction actions listed in the regulation: (1) a public information and outreach campaign, (2) a weekly irrigation schedule, and (3) bans on water uses as prohibited in the Board's January 2022 emergency regulation. For more details, see the regulation on the Water Conservation Emergency Regulations webpage. These actions were adopted after considering suggestions from the Department of Water Resources and public comment. 27) Which suppliers may take alternative compliance actions? Water suppliers may elect to implement the minimum actions required of suppliers that have not yet submitted water shortage contingency plans instead of all their Level 2 demand reduction actions if they meet the following criteria: (1) their annual water supply and demand assessment demonstrates an ability to maintain reliable supply until September 30, 2023; (2) they do not rely on, for any part of their supply, the Colorado River, State Water Project, or Central Valley Project, and no more than 10 percent of 5 279
Fact Sheet
\\atcr BPan.h
their supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources; and (3) their average number of gallons of water used per person, per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
28) Does the regulation require urban water suppliers to implement Level 3 actions?
No, but Governor Newsom has encouraged all urban water suppliers to implement stronger actions that would respond to water shortages of up to 30 percent (Level 3 actions).
Other Information
29) Am I subject to both this new regulation and the one adopted in January 2022 that prohibits certain wasteful water-use practices? Yes. Both regulations are currently in effect. (The earlier emergency regulation adopted in January 2022 will remain in effect until January 18, 2023, unless the Board acts to end, modify, or readopt it before then). This means that turf irrigation that is not prohibited must still be done in a manner that does not cause water to flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
30) How is the Board advancing drought resilience and water conservation for the long-term?
Among other ongoing activities related to water rights and water quality, the Board is working on regulations to Make Conservation a California Way of Life, including adopting long-term standards for the efficient use of water and water loss performance standards for urban retail water suppliers. The Safe and Affordable Funding for Equity and Resilience (SAFER) program supports permanent and sustainable drinking water solutions that ensure all Californians have access to safe, affordable, and reliable drinking water. For information and updates on the Board's drought activities, visit the Board's Drought website.
6 280
ATTACHMENT 1
City of Los Banos Water Use Restrictions by Water Shortage Stage Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6
Water Supply Reduction % < 10% Up To 20% Up To 30% Up To 40% Up To 50% >50% Landscape Irrigation Runoff
Prohibited • • • • • •
Landscape Irrigation Prohibited
Between the Hours of 11:00am and • • • • • •
7:00pm.
Limit Lansdcape Watering to Specific
Days. • • • • • •
Automatic Shut-Off Valves When
Washing cars, Trucks, and Trailers. • • • • • •
Potable Water is not to be Used for
Washing Hard Surfaces (e.g., • • • • • •
concrete, asphalt, etc.).
Restaurants May Only Serve Water
Upon Request. • • • • •
Lodging Establishments are Required
to Provide the Option to Opt-Out of • • • • •
Linen Service.
Prohibited to Clean Hardscapes with
Water (Other than for Health and • • • •
Safety Requirements).
Implementation of an Irrigation
Conservation Program. • • • •
New Service Connections are
Prohibited (Other Than Those Needed • • •
for Human Health and Safety).
The Filling of Artificial Water Features • • • is Prohibited.
The Filling of Swimming Pools is • • Prohibited.
Use a Broom for Cleaning Hard • • •
Surfaces (e.g., concrete, asphalt, etc.).
Continued Community Outreach and
Awareness campaigns. • • •
Utilize a Bucket When Washing
Outdoor Furniture or Vehicles to • • •
Prevent Waste.
All Landscape Irrigation Prohibited
Except Trees and Large Brush •
Potable Water Tanks May be
Imported into the City for Use. •
Note: At any time the City Council may choose to increase fines and patroling efforts and/or outreach and education to promote water savings, based on the current implemented Stage. Additionally, all regulations associated with an State Drought Emergency Declaration may become mandatory at any given Stage.
281
THIS PAGE IS INTENTIONALLY LEFT BLANK
282
ATTACHMENT 1
Draft Resolution to Declare a Water Shortage Emergency
DRAFT RESOLUTION NO. -----
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
TO DECLARE A WATER SHORTAGE EMERGENCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOS BANOS AS FOLLOWS:
WHEREAS, PURSUANT to California Water Code Section 350 et seq., the Council has conducted duly noticed public hearings to establish the criteria under which a water shortage emergency may be declared.
WHEREAS, the Council finds, determines and declares as follows:
(a} The City is the water purveyor for the property owners and inhabitants of Los Banos; (b) The demand for water service is not expected to lessen. (c) When the combined total amount of water supply available to the City from all sources falls at or below the Stage 2 triggering levels described in the Water Shortage Contingency Plan in the current Urban Water Management Plan, the City will declare a water shortage emergency. The water supply would not be adequate to meet the ordinary demands and requirements of water consumers without depleting the City's water supply to the extent that there may be insufficient water for human consumption, sanitation, fire protection, and environmental requirements. This condition is likely to exist until additional water supply facilities can be constructed or until water system damage resulting from a disaster are repaired and normal water service is restored.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby directs the City Manager to find, determine, declare and conclude that a water shortage emergency condition exists that threatens the adequacy of water supply, until the City's water supply is deemed adequate. After the declaration of a water shortage emergency, the City Manager is directed to determine the appropriate Water Shortage Stage and implement the City's Water Shortage Contingency Plan.
FURTHERMORE, the Council shall periodically conduct proceedings to determine additional restrictions and regulations and modifications to the Water Shortage Contingency Plan which may be necessary to safeguard the adequacy of the water supply for domestic, sanitation, fire protection, and environmental requirements.
PASSED AND ADOPTED, by the City Council of the City of Los Banos, County of Merced, State of California on
Name , Mayor
ATTEST:
Name , City Clerk
___ , City Clerk of the City Council of the City of Los Banos, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City at a regular meeting held on _______ _ and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Name , City Clerk
283
THIS PAGE IS INTENTIONALLY LEFT BLANK
284
TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor & City Council Members
Gary Brizzee, Chief of Police o /21."l-1.. f. £.
June 15, 2022
SUBJECT: Council Member Request - Discussion Regarding Homeless Encampment (Council Member Lewis)
TYPE OF REPORT: Informational Item
Recommendation:
No action required; this is an informational item only.
Discussion:
The Police Department will update the City Council regarding the homeless encampment in the 2100 Block of the rail trail.
285