Cities Index.
Agenda packet

Los Banos City Council
September 6, 2023

Document
Agenda packet
Meeting
September 6, 2023
Body
Los Banos City Council
Pages
10
Original file
93.4 MB
Text extracted from the city's file for reading and search. Open the original on losbanos.org. That file is the official record.

Date I Federal Project Number Agency ICaltrans Congressional 07/14/2023 CML-5160(031) City of Los Banos District 10 District 16 Project Contact Title !Email Phone
Nirom Than City Engineer nirom. [email protected] (209) 827-2466 Project Title
Los Banos Pioneer Rd/ Ortigalita Signalization & Traffic Flow Improvements □ HBP Project Location
Los Banos, Merced County, California
Description of Work
Los Banos will install traffic signal, widen the roadway approaches to the ultimate condition of four lanes, install raised median, and add left & right turn pockets. The City will also install ADA curb ramps and realign the existing irrigation channels & overhead utilities.

Functional Classification I D Located I CRS Map No. I ITS Risk Project Oversight Minor Arterial on SHS 8N12 Exempt Locally Administered
Authorization 0 PE ~ R/W 0 CON 0 CE □ NI Advance I CTC Allocation Adjustment □ PE □ R/W 0 CON □ CE □ NI D Construction D Required Invoking Section 1440 of the FAST ACT? No (aka At-Risk PE)?

PROJECT FUNDING
Previously Authorized Phase(s) ~ PE □ R/W 0 CON 0 CE □ NI .Federal Fund Type Project Cost Federal federal Funds State MIiich Participating Cost Funds
PE PREVAUTH 1,817,760.00 1,817,760.00 663,545.00 0.00 HIP 18]TC PE subtotals 1,817,760.00 1,817,760.00 663,545.00 0,00 R/W CMAQ 225,912.00 225,912.00 200,000.00 0.00
TC R/W subtotals 225,912.00 225,912.00 200,000,00 0.00
Total Project Cost 2,043,672.00 2,043,672.00 863,545.00 0,00

COST ESTIMATE
Estimated Phase Completion Date I PED
04/01/2024 04/01/2025
Federal Amount
Requestecl
LocalMatch
Funds
1,154,215.00
1,154,215.00
25,912.00
25;912.00
1,180,127.00
$200,000.00
Other Funds Reimb. P/L
Rate
Detail your project costs with the cost estimate template(s) created on the following pages (applicable templates are created based on the phases selected for authorization and/or adjustment).

If the cost estimate template(s) created cannot be used or a different format is preferred (e.g., Excel spreadsheet), indicate which phase(s) other documentation will be submitted to support your authorization and/or adjustment request:

Any existing inputs and calculations on cost estimate templates will be cleared when selected. □ Right of Way
ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected]. 199
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

PROJECT AUTHORIZATION/ADJUSTMENT REQUEST
LAPM 3-A (REV 01/2022)

RIGHT OF WAY COST ESTIMATE

ESTIMATE SUMMARY
R/W Activity Count Cos1 Participating
Amount
Parcels to Acquire 8 225,912.00 225,912.00
RAP Family Parcels
RAP Business Parcels
LRH / Hardship Parcels
Utilities Cost 3
Support Cost
Total Cost 225,912.00 225,912.00

LIST OF PARCELS
Assessor's Parcel
Number Acquisition Type Description Acres
430060020 Parcels to Acquire Partial Acquisition & 1 emporary 2.731 Construction Easement 430060023 Parcels to Acquire 1-'artial Acquis1t1on is. I emporary 0.053 Construction Easement 431280012 Parcels to Acquire Temporary Construction 0.019 Easement 431280011 Parcels to Acquire Partial Acqu1s1t1on & l emporary 1.000 Construction Easement 431280010 Parcels to Acquire Partial Acqu1s1t1on & l emporary 0.323 Construction Easement 083180029 Parcels to Acquire Partial Acquisition & Temporary 0.714 Construction Easement 083180036 Parcels to Acquire 1-'artial Acquisition & I emporary 0.040 Construction Easement 083180035 Parcels to Acquire Partial Acqu1s1bon is. 1 emporary 0.625 Construction Easement Total

LIST OF UTILITIES
Utility Owner Type of utlllty
PG&E Gas & Electric
Comcast Communications
AT&T Communications
Total

Page 2 of 3 ends

Date Federal Project Number
07/14/2023 CML-5160(031)
NonParticipating Amount·
0,00
Participating Non~
Cost Amc)un.t Participating Amount
49,212.00 49,212.00
812.00 812.00
392.00 392.00
57,995.00 57,995.00
33,390.00 33,390.00
14,905.00 14,905.00
507.00 507.00
68,699.00 68,699.00
225,912;00 225,912.00 0.00
Participating NonCost Amount Participating Amount

0.00 0.00 0.00

0.00 0.00 0.00

0.00 0.00 0.00

0.00 0.00 0,00
~ This Agency agrees to comply with 23 CFR 645.119 "Alternate Procedure" (as explained in LAPM Chapter 13: Right of Way and Chapter 14: Utility Relocations). This alternate procedure is provided to simplify the processing of utility relocations or adjustments under the provisions of 23 CFR 645. Under this procedure, the Federal Highway Administration (FHWA) authorized the California Department of Transportation (Caltrans) to act in relative position of the FHWA for review and approval of the arrangements, fees, estimates, plans, utility agreements, and other related matters required by such regulation as prerequisites for authorizing the utility owner to proceed with and complete the work.

It is understood that the scope of the Department's approval authority under the Alternate Procedure includes all actions necessary to advance and complete all types of utility work under the provisions of such regulation, except Section 645.119 (b)(1) and 645.119 (b)(2).

Two of such documents that need the Department's approval are FHWA Specific Authorization and FHWA Approval of the Utility Agreement(s). See LAPM Chapter 14: Utility Relocations for more information on the activities necessary for federal participation in utility relocations. The approval authority has been delegated to the Right of Way District Utility Coordinators.

ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at Forms.Management. [email protected]. 200
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

PROJECT AUTHORIZATION/ADJUSTMENT REQUEST
LAPM 3-A (REV 01/2022)

REQUIRED SUPPORTING DOCUMENTS

Page 3 ends

Date Federal Project Number
07/14/2023 CML-5160(031)
Include the following items with this form[( = required, • = required if applicable)]. This list does not &J)(esent all documents required to be in the agency's prQject files The District Local Assistance Engineer mav request additional documents for authorization/adjustment.

Project Document RIW
FTIP Document (Include CMAQ Emissions Benefits Calculations, Back-up List and EPSP ✓ Approval if applicable) NEPA Approval Document (LAPM Exhibit 6-F / 6-G) ✓
FHWA Specific Authorization to Relocate Utilities (LAPM Exhibit 14-C) • Cost-Effectiveness/Public Interest Finding (LAPM Exhibit 12-F) • DBE Contract Goal Methodology (LAPM Exhibit 9-D) •

RESPONSIBLE CHARGE CERTIFICATION
I certify that the information provided in this request is accurate and correct. Any changes to the project scope, cost, or schedule will be communicated to the District Local Assistance Engineer. This Agency agrees to comply with the applicable terms and conditions set forth in Title 23, U.S. Code, Highways, and the policies and procedures promulgated by the Federal Highway Administration (FHWA) and C8Iifomia Department of Transportation relative to the abovedesignated project.

I understand that this Agency is responsible for all costs incurred prior to receiving authorization to proceed. In addition, this Agency will be responsible for all costs in excess of the federal and/or state funds encumbered to complete the above-designated project. ~
~ ~ Dighally signed by Soknirom Than
Date: 2023.07.1415:02:32-0TOO'
Signa1un:1 u1 run- 11111t:1 r-uunc employee in Responsible Charge Date NiromThan
Print Name Titte

REMARKS
ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected]. 201

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202
Merced County Association of Governments • Federal Transportation Improvement Program (Dollars In Whole)
Local Hlahwav System
DIST:
10 PPNO: EA: CTIPS 10:
205-0000-0321
Tffi.E (DESCRIPTION): MPO Aprv: 08/1812022
Los Banos Pioneer Rd / Ortigalita Signalizalion & Traffic CT PROJECT ID: MPOID.:

CMAQ21--07
COUNTY: ROUTE: PM:

Merced County
IMPLEMENTING AGENCY: Los Banos, City of
PROJECT MANAGER: William Via
Row Improvements {Los Banos will lnstan traffic signal, State Aprv: 11/16/2022 widen the roadway approaches to the ultimate condition Federal Aprv: 12/16/2022 of four lanes, install raised medians, and add left & right tum pockets. The City will also Install ADA curb ramps
and realign Iha existing Irrigation channels & overhead EPA TABLE II or Ill EXEMPT CATEGORY utilities.) lntersectlon signalization projects.

PHONE: (209) 827-7044 EMAIL: [email protected]
PROJECT VERSION HISTORY (Printed Version is Shaded) (Dollars in whole) Version §!!!!!! Date Updated By
4 -~I 08/18/2022 TPHIMMAS
3 Official 05/19/2022 TPHIMMAS
2 1
'CMAOOfficial 12/16/2021
Official 08/19/2021
• Fund SOllfCe 1 of 4
• Fund Type: Congestion t.Mtigation
• Fllll<fing Agency: Los Banos, City of
' Local Funds -
• Fund Souroe 2 of 4
• Fund Type: City Funds
• Funding Agency: Los Banos, City of
'Other Fed·
• Fund Source 3 ol 4

TPHIMMAS

TPHIMMAS
• Fund Type: Highway lnfrastructur& Program (HIP)
• Funding Agency: Los Banos. City of
• RIP-
• Fund Source 4 of 4
' Fund Type: COVID Relief Funds • STIP
• Funding Agency: Los Banos, City of
Project To1al:

Comments:
....... .,. Version 1 • 06123/22 .........

Project data transfered from 2020 FTIP.
2022 ATP Ch. 9 Table 9.2 and Appendix K .

Change Reason
~~n - {,l(l!'l)'Qver
Amendment - Cost/Scope/Sch. Change
Amendment - Cost/Scope/Sch. Change
Amendment - New Project
PRIOR 22-23 23-24
PE
RW 200,000
CON 1,300,000
Total: 200,000 1,300,000
PRIOR 22·23 23-24
PE
RW 26,000
CON 168,000
Total: 26,000 168,000
PRIOR 22-23 23-24
PE
RW
CON 1,206,000
Total: 1,206,000
PRIOR 22-23 23-24
PE
RW
CON 1,484,000
Total: 1,484,000
PRIOR 22-23 23-24
PE
AW 226,000
CON 4,158,000
Total: 226,000 4,158,000
24--25
~
24-25
24-25
24-25
Amend No.

Q
12 8
4 25-26
25-26
~
25-26
25-26
2&-27
26-27
26-27
26-27
~
Prog Con Prog RW
i.Tsa~ooo mJoo
4,158,000 226,000

2.674,000 226,000
1,468,000 226,000
27-28 BEYOND
~ BEYOND
27-28 ~
27-28 BEYOND
~ BEYOND
....... , Version 3 - 04/14/2022 " 0'""2021 FTIP Amend 12 to program he CTC-adopted 2022 STIP programming of $1,483,898 COVID Relief STIP in FFY 23/24 to construction .

PE
TOTAL
200,000
1,300,000
1,500,000
TOTAL
26,000
168,000
194,000
TOTAL
1,206,000
1,206,000
!QI&
1,484,000
1,484,000
TOTAL
226,000
4,158,000
4,384,000
• ,,.,,., Version 2 - 12Al7/2021 ••"""2021 FTIP Amend 8 to program SACOG's repaid (via Exchange MOU) $1,206.312 HIP in FFY 23/24 to help with Construction c:osls. "TOLL CREDITS' in use .
........ Version 1 - 07/20/2021 """"Program RW {CMAQ = $200,000; City match= $25,912) in FFY 22123 and Construction {CMAO = $1,300,000; City match= $168,429) in FFY 23/24. Local funds are paying tor Prellmlnary Engineering and will also pay for Right-of-Way and Construction. Total project cost= $5,487,000.

Products of CTIPS Page 1 05/2212023 11 :36:28
203

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204
2021 Congestion Mitigation & Air Quality (CMAQ) Program

PIONEER ROAD WIDENING PROJECT -

ORTIGALITA ROAD INTERSECTION SIGNALIZATION
Applicant: City of Los Banos
T Ci~of B LOS . anos
CMAQ Cost Effectiveness and
Emissions Benefit Calculation
205

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206
Navigator
lntfflMtl9n ID1P'9Yl!DIOb
Traffic Slloll SynchronlMtjpn
Roundabouts
Intersection Improvements
This calculator will estimate the emission reductions resulting from Improving traffic signals at a four-way Intersection EXISTING COND1TIONS
Ewlua~on v .. ,
Area Type
Busl.-Dlwla
Total peal< hours per day{AM+l'M
Exlllflll Intersection Is
I
Avera,• Annual Dolly Tl'lfflc volu,ne (MPIJ (both d~ectlonsl Peek-hour Volume (bolh dlrecllonll
Numbe, al IJonllJ (one dlrectlanl
Trude Percenuae.:

I
I
PIIOPOSED CONDmONS
Ex1stin1 Deley per Vehid,,
E,dsling Left-Mn ""-
Eldsdng Right-tum -
INPUT
2030
Rural
No
4 Un-signalized
,- .... ~- ... ZD,000
2,000
2 6"
20B
No
No
Cyclela"l\hl 100 1-
·---- - 6.000
600
1 3"
4S
No
No
.. ,t,/dey
1/ltr ""'
,u/wh
UN the table - to tsllmate delav (HCM
2010, E>hlblt 21-ll
IAVllof -RamenceTlble
Oehw •tvehJ
LOS un,lgnallud SlgnaHzed
Intersection lntenectlons
A 0-10 0-10
B >10· lS >10-20
C >lS • 25 >20-.3S
D >25 • 3S >3S·SS
e >35-50 >55-B0
F• >50 >BO .. . . . - . "
hase.ceeded-
---~---~9 Right-tum PhM• ~ No I ~ No I Ratio of Green Time per C\ICh! '111!1< 0.6 0.4. ~1 ~2
-
l 2
4,o75 1,398
4,852 1,997
·i,ooo liOO
197.4 I 24.S
~ 1' :I 429-' I s.& 111111-NIII • lllitot •35.r
Pollutant
ca,b,m "'°"°"111• (C:OJ
Pl'1kul1b MIIU• -4.S l'ffl (PM1.J
Pl'1kuLIIO Mattt«'.10 pm (,M1.)
en°""'41"°"1
Volattle "1plllc ~•!Id• (VOC)
Cotbon Dlo•ldo ~•lv lenl (CO2■
Total Eoc..v Cotnumptlon (MManJl
PukHours
Kll0gram1/day

0.581

0.042

0.047

0.507

0.083
l.i.14.365
lS.934
C,075
4,151.
~
·l.5
Off-Peak Hours
KIiograms/day

0.000

0.000
IJJlOO
0,000

0.000

0.050
•0,1101
Dally Total
Kilograms/day
0,581
0;043
0,047
Q.507
Q,083
I :!im.314
lS.!134
207
Pioneer Rd & Ortigalita Rd Intersection
CMAQ Funding $ 1,500,000
Capital Recovery Factor (CRF)
Emissions ROG
Annual Emmision Reduction (kg/day)
Annual Emmision Reduction (lbs/year)
CEF = (CRF x Funding)/ (ROG+ NOx + PMlO + PM2.5)
Cost-Effectiveness of Funding (CEF)

0.0838

0.083
67 $ 230.54 $ J lb. emissions
NOx

0.507
407
PM2.5Ex PMl0

0.042 0.047
34 38
208

CEQA EXEMPTION/ NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM (rev. 06/2022)
Proiect Information
Project Name (if applicable): Ortigalita and Pioneer Road Intersection Improvement DIST -CO-RTE: 10- City of Los Banos PM/PM: NIA
EA: N/A Federal-Aid Project Number: CML-5160(031)
Project Description
The City of Los Banos, in coordination with the California Department of Transportation (Caltrans), proposes to improve the intersection of Ortigalita Road and Pioneer Road (project). The project will include signalization of the intersection, left-tum pockets in all directions at the intersection, with right turn movements allowed on Ortigalita Road from the through lanes. Right of Way acquisitions and temporary construction easements will be required. The purpose of the project is to improve operation and pedestrian network of the intersection. The project is needed to reduce congestion and improve air quality.

Caltrans CEQA Determination (Check one)
jg) Not Applicable - Caltrans is not the CEQA Lead Agency □ Not Applicable - Caltrans has prepared an IS or EIR under CEQA Based on an examination of this proposal and supporting information, the project is:
□ Exempt by Statute. (PRC 21080[b]; 14 CCR 15260 et seq.) □ Categorically Exempt. Class Enter class. (PRC 21084; 14 CCR 15300 et seq.) □ No exceptions apply that would bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). See the SER Chapter 34 for exceptions. □ Covered by the Common Sense Exemption. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 15061[b][3].) Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date
P·roject Manager
Print Name Signature Date

Page 1 of 3 ends

209

CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION

DETERMINATION FORM
Caltrans NEPA Determination (Check one)
□ Not Applicable
Caltrans has determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b ). See SER Chapter 30 for unusual circumstances. As such, the project is categorically excluded from the requirements to prepare an EA or EIS under NEPA and is included under the following:
~ 23 USC 326: Caltrans has been assigned, and hereby certifies that it has carried out the responsibility to make this determination pursuant to 23 USC 326 and the · Memorandum of Understanding dated April 18, 2022, executed between FHWA and Caltrans. Caltrans has determined that the project is a Categorical Exclusion under:
181 23 CFR 771.117(c): activity (c)(B)
□ 23 CFR 771.117(d): activity (d)(Enter activity number) □ Activity Enter activity number listed in Appendix A of the MOU between FHWA and Caltrans
□ 23 USC 327: Based on an examination of this proposal and supporting information, Caltrans has determined that the project is a Categorical Exclusion under 23 USC 327.

The environmental review, consultation, and any other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by Caltrans pursuant to 23 USC 327 and the Memorandum of Understanding dated May 27, 2022, and executed by FHWAand Caltrans.

Senior Environmental Planner or Environmental Branch Chief Elizabeth Hummel ~~ lfu;n;,,,J 06/29/2023
Print Name signture Date
Project Manager/ DLA Engineer
Parminder Singh _JJ~sm.p 06/29/2023
Print Name Signature Date
Date of Categorical Exclusion Checklist completion (if applicable): 6/29/2023 Date of Environmental Commitment Record or equivalent: See Continuation Sheet Briefly list environmental commitments on continuation sheet if needed (i.e., not necessary if included on an attached ECR). Reference additional information, as appropriate (e.g., additional studies and design conditions).

EA: N/A Page 2 of3
Federal-Aid Project Number: CML-5160(031)
210

CEQA EXEMPTION/ NEPA CATEGORICAL EXCLUSION

DETERMINATION FORM
Continuation sheet:

General:
• Environmental reevaluation will be required if the scope of the project changes to include additional areas or activities, or if previously unknown cultural or other sensitive resources are discovered. Contract Environmental Chief if project changes occur or sensitive resources are discovered.

Cultural:
• If cultural materials are discovered during construction, including human remains, do not disturb the resources and immediately stop all work within a 60-foot radius of the discovery and within any nearby area suspected to overlie the discovery.

Immediately notify all appropriate parties including the Caltrans District 1 0 Local Assistance archaeologist, the Locar Assistance Engineer (DLAE), and the County Coroner if human remains are found. Do not move cultural materials or take them from the job site. Do not resume work within the discovery area until authorized.

Additional protocols for human remains are given in the State Health and Safety Code Section §7050.5 and §5097.98.

Hazardous Waste:
• Adhere to all recommendations outlined in the Initial Site Assessment dated June 9, 2023.

No Permits Required
EA: N/A Page 3 of3
Federal-Aid Project Number: CML-5160(031)
211

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212
LOsBanos
At dte Crossroads of Calif or11ia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE: September 6, 2023
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2021-01 Quail Meadows-Villages at Stonecreek V Large Lot Final Map
Recommendation:

That the City Council adopts the Resolution approving Final Map No. 2021-01 Quail Meadows- Villages at Stonecreek V Large Lot Final Map.

Background:

The Tentative Tract Map No. 2021-01 was approved by the City of Los Banos Planning Commission on December 08, 2021 by Resolution No. 2021-16. In June of 2023, the Public Works staff was contacted by, Lodi Development, Inc., a California Corporation, for Final Map approval.

Discussion:

The subject is generally located within the area bounded by Highway 152 to the North, future Pioneer Rd to the West, Prairie Springs Drive to the East, and Cardoza Road to the South, more specifically identified as APN. 430-010-024, 430-010-026,430-010-027, 430-010-028, 430-010-035, and 430-103-004. The applicant is Lodi Development, Inc., a California Corporation. The map consists of a total of 70.476± acres. This Final Map subdivides the subject property into large lots for future residential subdivision phasing purposes and is in substantial compliance with Tentative Subdivision Map No. 2021-01 . 213
Fiscal Impact:

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
Vesting Tentative Map
Brent Kuhn, Interim Finance Director
214
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2021-01

QUAIL MEADOWS VILLAGES AT STONECREEK
V LARGE LOT.

WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot Final Map and accompanying Subdivision Improvement Agreement: and WHEREAS, the single-family residential subdivision consists of 6 parcels on

70.476± acres; and
WHEREAS, the Acting Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, 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. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot 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. 2021-01.

2. All required processing, development, plan check, and inspection fees to date 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 6th day of September, 2023, 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:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
215

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216

OWNER'S STATEMENT
WE, ll-lE UNDERSIGNED. DO HEREBY STATE THAT WE ARE THE 01MIIERS OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHO\'VN ON THE MAP; THAT

WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PROPERTY: AND THAT WE HEREBY CONSENT TO TIE MAKING AND RECORDING OF SAID MAP AND SUBOMS\ON AS SHQv.,.t WITHIN Tl£ OISffiCTrvE BORDER l1'1E.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

1. TO THE CITY OF LOS BANOS. A NON-EXCLUSIVE EASEMENT TOGETHER WITH THE RIGHT TO CONSTRUCT, RECONSTRUCT. REPAIR MO MAINTAIN, POLES, WIRES, CABLES, PIPES, AIIIO CONDUITS

AND THEJR APPURTENANCES UPON, OVER AND UNDER THE STRIPS OF LAND AS SHO'WN ON THIS FINAL MAP DESIGNATED AS "P.U.E." (PUBLIC UTILITY EASEMENT), THE REAL PROPERTY DESCRIBED ea.ow IS DEDtCATEO IN FEE FOR PUBLIC PURPOSES:

1. TO THE CITY OF LOS BANOS, IN FEE, PARCELS A AND B FOR PURPOSES OF PUBLIC PARKS AND OPEN SPACE. INCLUDING PUBLIC UTILITIES • STORM DRAIN FACILITIES, SANJrARY SEWER FACILITIES, FENCE MAINTENANCE ~D APPURTENANCES THERETO, FOR THE BENEFIT OF THE PUBLIC, AS SHOWN ON Tl-lSFIIALMAP.

THE UNDERSIGNED HEREBY RESERVES PARCELS C THROUGH L FOR FUTURE DEVELOPMENT.

THE UNDERSIGNED HEREBY RESERVES FOfl THE BEN EAT OF THE LOTS CREATED av THIS MAP.

TEMPORARY ACCESS EASEMENTS OVER LOTS H MID I UNTIL SUCH TIME AS THESE LOTS ARE DEDICATED TO THE CITY AS PUBLIC RIGHTS-OF•WAY.

OWNERS:

LOOI DEVELOPMENT, t-ae. A CAUFQRfllA CORPORATION AS DESCRIBED IN DOCUMENT NUMBER 2003-030443, AS DESCRIBED IN DOCUMENT NUMBERS 2018-006438 AND 2019-006439, AND 22.222% OF PARCEL TWO AS DESCRIBED IN DOCUMENT NUMBER 2003-030442
BY:

DATE
NAME: ________ (PRINT NAME)
ITS: [11TI..E)
ANDERSON HOMES, A CALIFORNIA CORPORATION AS TO 77.n3% OF PARCEL ONE AS DESCRIBED IN DOCUMENT NUMBER 2022.012213
BY:

DATE
NAME: _ (PRINT NAME)
ITS: __________ (TITI.E)
LARRY W. ANDERSON AND GEORG~ M. ANDERSON, TRUSTEES OF THE RESTATED LARRY W.

ANDERSON ANO GEORGEANN M. ANDERSON REVOCABLE FAMILY TRUST DAlED AUGUST 9, 2004 AS TO DOCUMENT NUMBER 2020-021788
BY:

LARRY W. ANDERSON (Tl'lUSTEE) DATE
GEORGEANN M, ANDERSON {TRUSTEE} DATE __ _
TRACT NO: 2021-01

STONECREEK AT LOS BANOS

THE VILLAGES V - LARGE LOT FINAL MAP
BEING A SUBDIVISION OF PARCEL C OF MS 2004-02 VOLUME 99 PM. PAGES 9-10, THE REMAINDER PARCEL OF TRACT NO. 2006-12 VOLUME 78 OP, PAGES 39-41, AND THE LANDS DESCRIBED IN
DOCUMENT NUMBER 2020-021788, DOCUMENT NUMBER
2022-012213, DOCUMENT NUMBER 2003-030442 AND DOCUMENT
NUMBER 2003-030443,
LYING IN A PORTION OF SECTION 21, T. 10 S .. R. 10 E .. M.D.B.&M. CITY OF LOS BANOS MERCED COUNTY. CALIFORNIA
AUGUST2023
□ ... DELL ENG1NEER1NG
1165 Scenic Drive, Suite A
Modeclo, CA 95350
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VICINITY MAP
N.T.S.

PLANNING COMMISSION STATEMENT:

I, STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR FOR 'Tl-IE CITY OF LOS BANOS, DO HEREBY STATE THAT I HAVE EXAMINED TI--tlS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V • LARGE lOT ANAi. MAP", AND TI--tAT THE SLIIDfVISION lS SUBSTANTIALLY THE SAME Mt THAT SHOWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CITY Pt.ANNING COMMISSION ON TIE 18TH DAY OF JANUARY, 2022, AND THAT THIS FINAL MAP OF "TRACT NO: 2021·01, STONECREEK AT LOS BANOS. THE VILLAGES V- L.ARGE LOT FINAL MAP", COMPLIES WITH ALL REQUIREMENTS OF SAID PLANNING COMMISSION, DATED THIS DAY OF _____ , 2023.

BY; ~ ST'"AC°'""YSOUZA ==e--,--MS~.=COM= MUNITY & ECONOMtC OEvaOPMENT DIRECTOR

CITY OF LOS BANOS

SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION ANO IS BASEO UPON A AELO SURVEY MADE IN CONFORMANCE WITH THE REOUIREMEJ,.ITS OF THE SUBDIVISION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST OF STONECREEK PROPERTIES, IN APRIL OF 2023. I HEREBY STATE THAT n-us FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT ALL TtE MONLNENTS SHOWN t-EREON WU BE OF 'THE CHARAClER ,N,IO OCCUPY THE POSITIONS INDICATED ON OR BEFORE JUNE 30TH. 2024; AND THAT SAID MONUMENTS WILL BE SUFACIENT TO ENABLE THE SURVEY TO BE RETRACED.

OATEDTHIS DAYOF _____ ,2023.

BY:_ ~~-~~~--
OYLAN CRAWFORD. P.L.S. 7788
CITY ENGINEER'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMWEOTHIS FINAL MAP OF-JRACT NO: 2021-01, STONECREEK AT LOS BANOS, TI--tE VILLAGES V • LARGE LOT FINAL MAP". AND STATE THAT TtE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME Af3 IT APPEARED ON THE TENTATIVE MAP, ANO NlY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF

THE CALIFORNIA SUBDIVISION MAP ACT ANO ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF TI£ TENTATIVE MAP, IF REOUIREO, HAVE BEEN COMPUEOWITI-l.

DATED THIS DAY OF
BY:

SOKNIRORN THAN. R.C.E. 91278

CITY ENGINEER
CITY SURVEYOR'S STATEMENT:
, 2023.

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V- LARGE LOT ANAL MAP", ANO I AM SATISFIED THAT TI-US ANAL MAP IS TI:CHNICAll Y CORRECT.

DATED THIS DAY OF
BY: ~,.=.=e.~so=p=Hl=e=rn=UON = G. PLS 8998

ACTING CITY SURVEYOR
__ ,2023.

CITY CLERK'S STATEMENT: __ _
I. LUCILLE L MALLONEE, CITY CLERK OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, 00 HEREBY STATE rnAT AT THE AEGLR.AR MEETING OF THE CITY COUNCIL OF THE CITY Of LOS BANOS, STATE Of CAUFORNLA, HELO ON THIS CAY OF , 2023, THE HEREt,l EMBODIED FINAL MAPENTITI.EDi'RACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V • LARGE LOT FINAL MAP", WAS APPROVED AND THAT SAID CITY COUNCrL ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE. THE OFFER OF DEDICATION IN EASEMENT OF ALL PUBLIC UTILITY EASEMENTS (P.\J.E.): ACCEPTED THE OFFER OF DEDICATION SN FEE OF PARCELS A ANO 8 FOR P~UC PARKS ANO OPEN SPACE, AS SHOWN Ofll THS Ft.lAL MAP.

DATEDTI--tlS 0AYOF _____ J 202:\.

BY, "'L"uc= u'"'E,,.,-., M-..ALL = ON= EE~. -' cITY= c·L-"EA""K~---- CtTY OF LOS BANOS

COUNTY RECORDER'S STATEMENT
Fa.eoms __ DAYOF --- , 2023,AT __ O'CLOCK._M. t,/VOL_
OF OFACIAL PLATS, AT PAGES _ ____ , AT THE REQUEST OF FIRST AMERICAN TlllE COMPANY.

FEES
MATT H. MAY, RECORDER
MERCED COUNTY, CALIFORNIA ~-~ST=AN=r,=oe=PUTY = =RECOROER SHEET 1 OF 6

VOL PAGE
217

NOTARY STATEMENT (OWNER)
I
- ANOTARYPUBIJCOROTHEAOFFIC£RCOMPLETINGTHISCERTIF1CATEVERIFIESONI.YlHE IDENTITY OF 11-IE INDMDUAl WHO SIGNED nE DOCUMENT TO WHICH THS CERTIRCATE IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY. OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COt.llfTYOF ____ _
ON(DATE·)- _____ BEFOREME, ANOTARYPUBLIC,
PERSONALLY APPEARED ___ _ ___ ~---------- (NAME OF SIGNER(S)I WHO PROVED TO ME ON Tt-E BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(SJ WHOSE NAME(S) IS/ARE SUBSCRIBED TO TtE W1TI-nN INST'RtMENT ANO ACKNO~EDGEO TO ME THAT HE/SHE/TTEY EXECUTED THE SAME IN HIS/HER/THEIR AIJTliORIZED CAPACITYUES), AND THAT BY HISIHEA/THEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON{S), OR THE ENTITY UPON BEHALF OF WHICH THE PEASON(S} ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY ~DEA PENALTY OF PEFUJAV UNDER Tt-E LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOCNG PARAGRAPH 1S TRUE ANO CORRECT.

WITNESS MY HAND.
_______________ ,NOTARY PUBLIC
PR1NTNAME: ___________ _
COMMISSION NUMBER: __________ _
COMMISSION EXPIRES;
PRJNCIPALOFFICE LOCATION (COUNTit: ____ _
A-NO'
IDEI<
A'fTA.,,,....,,n,n.,,n,, •111. ,n..,.,,,. ..,._,u _ _,..,, ,_,.,...,,

STATE OF CALIFORNIA
COUNT'r' OF ____ _

ON BEFORE ME, (DATE) --
PERSONAl.l. Y APPEARED
{NAME OF SIGNER(SI}
( DO NOT STAMP)

A NOTARY PUBLIC,
WHO PROVED TO ME ON Tt-E BASIS OF SATISFACTORY EVIDENCE TO BE 11-IE PERSON($) WHOSE NAME(S) ISIARE SUOSCREED TO 11-IE W~ ... STRUMENT ANO ACKNOW\.EOGEO TO ME THAT

HE/SHE/THEY EXECUTED TIE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSlRUMENTlliE PERSON(S), OR TI-IE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSmUMENT.

I CERTIFY UNDER PENAL TY OF PEA.JURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGONG PARAGRAPH IS TRUE AND CORRECT.
'MTNESS MY HANO.

PRINT NAME: ____ , NOTARY PUBLIC
COMMISSION NUMBER:

COMMISSION EXPIRES: __________ _ { 00 NOT STAMP)
PAINCLPAL OFFtcE LOCATION (COUNTY): ____ _

NOTARY STATEMENT (OWNER)
I A NOTARY PU8UC OR Oll-ER OFFICER COM Pt.Ell NG 11-11S 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'"DA~T"'Ei,------BEFORE ME,_ ______ A NOTARY PUBLtc, PERSONALLY APPEAREO ___ {N~ ... ~.~OF= s~IG=N=ER{ = =sn---------- WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(Sl WHOSE NAME($) IS/ARE SU3SCRl8EO TO THE W1THIN NSIBUMENT ANO ACKNm\lEOGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HISt1-IER/lltEIR AUTHORIZED CAPACITY(IES). AND TliAT BY

HISIHEMHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY ~DER PENAL TY OF PERJURY l.WOER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
\l.i'ITNESS tJN HAND.
, NOTARY PUBLIC
PRNTNAME:

COMMISSION NUMBER: __________ _
COMMISSION EXPIRES: __________ _ j 00 NOT STAMP)
PRINCIPAL. OFFICE LOCATION (COUNTY):, ____ _
TRACT NO: 2021-01

STONECREEK AT LOS BANOS

THE VILLAGES V - LARGE LOT FINAL MAP
BEING A SUBDIVISION OF PARCEL C OF MS 2004-02 VOLUME 99 PM, PAGES 9-10, THE REMAINDER PARCEL OF TRACT NO, 2006-12 VOLUME 78 OP, PAGES 39-41, AND THE LANDS DESCRIBED IN
DOCUMENT NUMBER 2020-021788, DOCUMENT NUMBER
2022-012213, DOCUMENT NUMBER 2003-030442 AND DOCUMENT
NUMBER 2003-030443,
LYING IN A PORTION OF SECTION 21, T. 10 S,, R. 10 E .. M,D,B.&M. CllY OF LOS BANOS MERCED COUNlY. CALIFORNIA
AUGUST2023
,.,DELL
ENGlNEERlNG
1165SeenleDrlve,SulleA
Modfflo, CA 95.150
Ph 209.571.1765 odehngtnMrtng.com

RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO. 1213

TI-IE PROPERTY DESCRIBED ON THE HEREON SHO'WN MAP IS IN THE VICINITY OF LAND UTILIZED FOR AGRICU.TURAL PURPOSES AND RESl>ENTS OF THIS PROPERlY MAY BE

SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE USE OF AGAICUL TURAL

CHEMICALS, INCLUDING BUT NOT LIMITED TO, PESTICIDES AND FERTILIZERS, ANO FROM THE PURSUIT OF AGRICUL llJRAL OPERATIONS INCLUDING, BY NOT LIMITED TO, PLOWING, SPRAYING AND BURNING WHICH OCCASIONALLY MAY GENERATE DUST, SMOKE, NOISE. AND ODOR.

THE COUNTY OF MERCED HAS ESTABLISHED AGRICULTURE AS A PRIORliY USE IN

AGRICULTURAL ZONES WHICH ARE OUTSIDE OF AN ESTABLISHED SPECIFIC URBAN

DEVELOPMENT PLAN (SUOP) BOUNDARY, RURAL RESIDENTIAL CENTER (RAC) BOUNDARY, HIGHWAY INTERCHANGE CENTER {HIC} BOUNDARY, OR AGRICULTURAL SERVICE CENTER jASC) 80\.NDAAY, AND RESIDENTS OF PROPERTY ti lliE VICtJITY Of SUCH AGRIC U.. T\JRAI..

ZONES SHOUlD BE PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL.

NECESSARY AGRICUL TVRAL OPERATIONS.

SHEET 2 OF 6

VOL PAGE
218
r - -:.J--Ft>:'IP, W,9RASSCAP
1 -----------------------------7 /'l{ •! ~~;:.::CIDNCORNER, 1 .,,..--,o,..,.WIBIIASSCAP I / I 1 I / JO' W.C. TO SECTION CORNER. I I I I i IR-4)JR,Sl(R,9) L-~.... I . ......, FOT-BAR. Ail\ JR,B)JR-9) -111 TRACT NO: 2021-01

STONECREEK AT LOS BANOS

THE VILLAGES V - LARGE LOT FINAL MAP
BEING A SUBDIVISION OF PARCEL C OF MS 2004--02 VOLUME 99 PM, PAGES 9-10, THE REMAINDER PARCEL OF TRACT NO. 2006-12 VOLUME 78 OP, PAGES 39-41 , AND Tl-IE LANDS DESCRIBED IN DOCUMENT I ! LI ~j!! 1755 D.R. 141, M.C.R.
6=0"13'4I"
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M.C.R.

DOC. NO.
2020-021788,
M.C.R.

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DETAIL A NOTTO SCALE

LEGEND AND ABBREVIATIONS
i'!
~i
ie~
!::

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I
11755
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D.R. 141, M.C.R. i
- SEE
" DETAIL C
'"SHEE1 4
57 R.S. J l
IR-al

PARCEL TWO
DOC. NO.
2003-030443,
NB9•26·31 "W ~1 /jl) M. C.R

46.64' L ~ . • 9'26'31"W
PARCEL ONE IR- 71
DOC. NO. !;;
iii 2003-030443, ~-
~ ~~j M.C.R. ~ SEE
ti ~ PARCEL IR- 7) z SHEET 4
NUMBER 2020-0217B8, DOCUMENT NUMBER 2022-012213, DOCUMENT NUMBER 2003-030442 AND DOCUMENT NUMBER 2003-030443,
LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.O.B.&M.

I
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~ 100 200
CITY Of LOS BANOS

MERCED COUNTY, CALIFORNIA
AUGUST 2023
□ ... DELL -ENGlN-EE-RlNG
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1165Soar.t0rin.S...A
ModHlo,CA9SlSII
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SCALE: r • 200'
NOTES

1. THIS SUBDIVISION CONTAINS A TOTAL OF70.476 ACRES, MORE OR LESS,

2. ALL DISTANCES SHOWN ARE GRID DISTANCES, MUL TIPL V GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
3, AU DISTANCES ARE MEASURED UNLESS OllERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. ALL FOUND MONUMENTS ARE ACCEPTED UNLESS OTHERWISE NOTED.

MONUMENT NOTES ~ ~~I REMAINDER ~ [ D.E TA LL_li
~ ;;j & DOC. NO. °' i; 2019-006439, M.C.R. r- ----------, l) DOC. NO. z I N89.42'14"W 655.35'{M) I I
• FOUND 314" IP W/Pl..ASTIC PLUG 'ACE 29651',UNLESS OTHERWISE NOTED. i 2020-021788, F" (655.52&·R-11) I V, I
g g i ,~:.:\~-, i' - - - - - - T" ~:~~ ! REFERENCED RECORD DOCUMENTS u ~ ~ ~ ----1 L MERCEOCOUNTVRECOROS
0 N ~ I ~ iif (R-1 j VOLUME 79 OF OFFICIAL PLATS, PAGES 26-31 M.C.R.

D 'f :: .- i _ :i:= - (R-2) VOLUME 109 OF PARCEL MAPS, PAGES 44-45, M.C.R @ F0UN03/4" IRON PIPEW/ Pt.ASTIC PUIG "RCE.29851' INWELL PEA (A1), UNLESS OTHERWISE NOTED.

Q t 1::: ~:;: ! ~ @--@-- (R-3) VOLUME280FSURVEYS.PAGES9-12.M.C.R. __ _ ___ _ ___ _ __ C\l ~ i ~~t ~~ --r•@ {R-4)VOLUME30FSURVEYS,PAGEZO.M,C,R.

CENTERLINE 2 e I~ PARCEL TWO ~! "9 m b \ :~: ~~i~~~=~::~~t:~!.:~~82~::c~R~'R.

SUBDMSION BOLNDARV LINE
EXISTiNG-EASEMOOLiNE_________ ;:! "' DOC. NO. 8: ~ I ? @ (R-7) VOLUME780FOFFICIALPLATS, PAGES39-41,M.C.R. , , , , , , , , , , , , , , , , , , , , , , , , , ,~ 2003-030442 &: ~J:: ::;J ~a,.,: - I (R-8) VOLUME<70fSURVEYS, PAGEt1,M.C.R.

RESTRICTED ACCESS ,._ 1,L' PARCEL ONE <? w ,.. Q rJ 7 (R-9) VOLUME 28 OF SURVEYS, PAGES 27-29, M.C.R.

BASISOFBEARINGn~ - - - -- ~ It 2022-012213, i~ i ~ N::E -~;: I ~:~~:~~:~:~~g~~gg~:=:;::·;;:.· AC. ACRES "' ,~ M.C.R. ~f ~ l,J Q :E ci: j (R-12)VESTINGOEEDDN2022..012213M.C.R.

FD FOLND w z 1ni al l} :Z: ~
IP ll10NPIPE•DIAMET"ERNOTED ?'· I IR-l l &: R- 121 ~ ~ ~. "' @ BASISOFBEARINGS (M) MEASUAEDDISTANCE .- W114CORNEAOFSECTION21 lU n_ U r--. I ==;.::..=--==--"--'===----------- (M•B) MONUMENT TO BOUNDARY LINE :: SFN (ESTABUSHEO AT MIDPOINT) I C D N89•54'3Q"E BEING THE BEARING OF THE LINE BETWEEN MERCED COUNTY ~Ml ~:~~5MONUMENT ~ N6~• 2'14'W 655.09'(M) Q I =~~~~rio~l~~~~R:r~~~~SC~~~:t~~&NATE PM PARCEL MAP N69°42'14'W 8?1) ')f.'ft.,} 1 - (655.00' R-11) ~ _____ _, I SYSTEMZONElllNAD83, TOGETGROVNODISTANCESMU..TIPLYGRID M.C.R MERCED COUNTY RECORDS / 1-115.ll~(M) (1476,90' R-4) {1475.9-4' R-5) (1475,72' R•9) Y-- --- I DISTANCES SHOWN BY 1.0000018. (A-#) REFERENCED RECORD DOCUMENT Nae·42'14"W 1786.13'(M}(1786.15'R-5) I @ --. ..j ~A~ :::c::8:~NDNOlHING ,,/;; FD2"lP, LS2402,(R-8) --------------....1 '--- In TOTAL DISTANCE ~t,/' ~ 29 I; ·M6) 20 Jt-114' IP.(R-41) -"~-.,. W,C WITNESS CORNER 7',0 j - S128"R GPSSTATION 1024 w.e. WALL EASEMENT / ~ -.. ....., FD Z' DISK, RCE 15310 r
~f~r=00.\120 r~l:~~ER20 _,, SECORJ\'EROFSECT10N20 S1!4CORNcR0rS~~ , :~~~:7.846 SURVEYORTAG (R-2} FD3/4"IP, / ~ 1 lFD:rMERCEDCOUNTYBRA.SSDISK F03/4"IP,LS4156,IN "'' - E:6453911.666 ®=,; .. ~~:!M::)361M~ @ TAG 11.l.EG, '""~ z'-= 2&~95IMXR-2) - ~--INBRIOG=-'R~ - __.!'.!QN~ER ROAD - ....... , •• ~2"7054'(MXR-t)~-•-I --- ---- ---- --M-ON~ENTWELL,(R-1)~·5)~ '--- .... -.... ~~,f.~!:,•,ace
GPS sTATION 1023
"'" NE-6
- 1™037.721
447400.84&
- - N89"54 39"E 6s10.B3' (R·2KR-3) 0AsIs OF BEARINGS +--- SHEET ~ 3 OF 6

VOL ,PAGE
219
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/ INMONUMENTWELL,(R•IJ - -----
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IN MON<JMENT (!) -- 1/( .,.. : _;;,, . tR-11 ) 09 -•,: @ i~ 7tRI ~ \ o••~~ ,:~
PARCEL C IR-5 J &
DOC. NO.
20 19- 006438 ,
M.C.R.
17 2 i~ao
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170
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11·1"'1P.(~)l
66 (N89"22'07'W)(R·1,R-5)
N89~2'00"'W
101.00'(M~f,R-5)
FO 314" P , LS 4071 (R-5} \
N17"02'51"E0.18'FROM k CORNEA ..J
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DETAIL B FROM SHEET 3 ~

NOTTO SCALE
LINE AND CURVE TABLES FOR SHEETS 3 & 4 ONLY

RADIAL BEARINGS
LINE# DIRECTION
1(R) S22-,,4'01-W
2(RJ N29"05'31"E
'lRI N18"58'23"E
4(RI N20•44'02"E
S{R) N19"02'01"E
6(R) Sl2•10·2o"W
7(RI tw38'04"E
S(R) Ns•59'36"W
9(R) N3~2'4S"W
10(A)T N4·1729"W

CURVE TABLE
- CURVE# RAOlUS DELTA
01 530.0<r 6'"53'52"
C2 530.00 42'00'53"
Cl 530.00'
C4 _i_.:.70,00'
05 630.00' 9"22'38'
-- o, 470.00' 45•59·33•
07 550.00'
08 {· 777.fh C9 803.SU 6·37'40"
--+ --- c,o 474.00' 1"'00'52" 8.39'
-- Cl1 1186.50' 0•4rse· 16.56'
012 500.00' ........ 82.90'
013 570.00' .... ~,i 48,42' t-- C14 570.00' J-:!i1'50" 38.45 ~ 00' 5"08'43" 58.~
C18 1 SJ0.00' 4°15'53" ... ~.,

PARCEL ONE
DOC. NO.
2003-030443 , M.C.R.
::; "'

LINE TABLE
LENGTH
--

69.29'
164.12'
233,41"
233.14'

80.50'

60.8S
233.14'

52.B3'

20.87'
l10 N8"51'58"W 1.38'
l11 t· N82"08'54"E 76.88'
L12 ~ N41"2r.!6"E J0.29'
L13 . ss•S1'58"E 41.33'
l14 No-38'00'1: 50.73'
L15 S5'"39'01"'W 78.tt

PARCEL TWO
DOC. NO,
2003-030443,
M.C.R.
3 c,!
9(RJ
~
1755 0.R. 141, M.C.R.

DETAIL C FROM SHEET 3 NOTTO SCALE
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V • LARGE LOT FINAL MAP
BEING A SUBDIVISION OF PARCEL C OF MS 2004-02 VOLUME 99 PM, PAGES 9-10, THE REMAINDER PARCEL OF TRACT NO. 2006-12 VOLUME 78 OP, PAGES 39-41, AND THE LANDS DESCRIBED IN DOCUMENT NUMBER 2020-021788, DOCUMENT NUMBER 2022--012213, DOCUMENT NUMBER 2003-030442 AND DOCUMENT NUMBER 2003-030443,
LYING IN A PORTION OF SECTION 21, T. 10S., R.10 E., M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
AUGUST 2023
(N01"tl1'00"E52.83)(R-7)
(N52°25'57"W 20.58)(R-5)
(ND3"S~ 1.38l!Ml
(NS2"08'4TE76.67){R-5)
(K41923'20"E30..50>(R-5)
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IN00":17'53"E5(U7)(R-5)
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SCALE: r - 60'

MONUMENT NOTES
• rout«> S/4" IP WJPt..ASl1C PUIG "ACE 29851 ". Utl.ESS OTHERW\SE NOTED. @ ~~;~3,16;~~::E:~tsnc PLOO "RCE 29851" IN WELL PER (R1), SHEET 4 OF 6

VOL , PAGE
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DETAIL A Nof'i'o'scA[E TRACT NO: 2021-01
r------7 STONECREEK AT LOS BANOS
~ I
I
I o I

THE VILLAGES V - LARGE LOT FINAL MAP
i ~:
: ______ ~ _J
BEING A SUBDIVISION OF PARCEL C OF MS 2004-02 VOLUME 99 PM, PAGES 9-10, THE REMAINDER PARCEL OF TRACT NO. 2006-12 VOLUME 78 OP, PAGES 39-41, AND THE LANDS DESCRIBED IN
DOCUMENT NUMBER 2020-021788, DOCUMENT NUMBER
2022-012213, DOCUMENT NUMBER 2003-030442 AND DOCUMENT
NUMBER 2003-030443,
LYING IN A PORTION OF SECTION 21, T.10 S., R. 10 E., M.D,B,&M.

NOTES

1. SEE SHEET 6 FOR LINE ANO CURVE TABLES.

CllY OF LOS BANOS
MERCED COUNlY, CALIFORNIA
AUGUST2023
,.,DELL
ENGlNEE-RlNG
1165 Sc.lK OM. Suite A
Mod~.CA.115350
OOELLENGINE~.OOM

2. SEE SHEET 3 FOR ABBREVIATIONS, BASIS OF BEARINGS, LEGEND ANO REFERENCES.

2. ~ otS"TANCES SHOWN ARE GRID DISTANCES, MULTIPLY Gmo DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTNIICES.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES ANO DIMENSIONS ARE SHOWN IN FEET ANO DECIMALS TI-IEAEOF.

5. THE TEMPORARY ACCESS EASEMENTS OVER LOTS HANO I ARE FOR THE BENEFIT OF THE LOTS CREATED BY THIS MAP ll\lTI.. SUCH T~E THESE LOlS ARE DEOICAlEO lO lHE CITY AS PUBLIC RtGHTS-OF-WAY, MONUMENT NOTES SET3/4" x24"1RON PFE w, PLASTIC Pl.UG "Pl.S n68" FOR UNPAVED AREAS OR 1.17" BRASS otSK STAMPED ~PLs Tn,8"' FOR CONCRETE AREAS.
• FOUND 3W IP WIPLASTIC PLUG •RCE 29851·, UNLESS OTHERWISE NOTED, @ FOUND 314• IRON P\PE WI PLASTIC PlUG "'RCE 29351· IN WELL PER {R1 ). UNLESS Ol'HERW\SE NOTED. i - o~[:N00"38'00"E 203,50~£ - - 7 : a; 177.S<r(M-M)(M){R-1) v,1r-.'f __ -t I FD314"IP,__:_ / (RI R•777,50' :.:;r-®~'WIRI I
I
I MONUMENT ACE29851 IN
WELL, 5L®------X-s°3o·o ~ .. 2• L .. 128.gi'{M-M t r41.33'(M) ~ 2(RJ J(R) ""\ N8"52'05'W I (R-1) m [ c;: •~ , 41.3S'IR-1) \ :
: 1
1RI C2 PARCEL B !f,=::!: ~
1 •~ I I :3 ,~o "7 I I o LSl.\'.\l o C $. I ..Jo ~:.~ I I PARCELL l.A FD 3/4" IP, RCE - • 11 g\j";; I
I 1 29B51 IN -f~ ,I~ : I
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I O 110.00' 10100' 2 ;f_ 1 I I ~,~ -- N89"2ZOIYW O 211.oo·m · ~ ~ ~: I !l ii i::1i:: z I : ~;;; PARCELA ;I;~ I I i 10,836 S.F. i ~ ~ : ~ o N89'"4Z'14~ 211.00- t" ~ NB9°42'14"W 178&.13(T) g 8 ~ II FD 3/4" IP, LS 4071 (R--5) z z N17°02'51"E0.18' FROM I CORNER I F0314.IP,RCE2Q851i I IN MONUMENT WEU., 1
(R-1) • I L--------------------------------~

DETAILB
NOTTOSCA[E

DETAILC
~E
SHEET 5 OF 6

VOL ,PAGE
221
LINETA8LE LINE TABLE I LINE TABLE
>--~ LINEii DIRECTION LENGTH LINEI DIRECTION LENGTH 7 LINE# DIRECTION LENGTH ..':'_ N52-:J1'11-W 20.87' L21 No-JS"OO"E 1es.oo· I L41 N34~'37"E 49.80' - L2 Nlr51'56'W 1.36' L22 N9-:M'58-W 52.78' l42 M38*42'3TE 49.60' C- --.- - ~ l3 N82"08"54"E 76.815' l23 NO"1746"E 110.00' l43 N40"23'36"E 72.04' l4 N41°23'26"E 30.29' L24 N0°1T46"E 110.00' L44 N40°V'07"E 52.00' L5 ti.'0"38'00"'E 51 .11' L2S N3"0Z08'W 52.09' l45 N43"03'16"E 110.00' - <- Nt•sg46"W 1- 225.18' f----
l6 N24"46'09"W 67.03' L26 L46 N46"56'44"W 2.37'
l7 N66"5r21-W 74.03' l27 N0"05'05"E 50.54' L47 N46"!56'-44"W 48.8.2' l6 N46"58'44"W 51.18' l28 N0":30'26"E 50.54' ua N46'56'44"W 51 .18' l9 N1"02'19"E 52,83' L29 NO• *: l49 N66151'21'W 66,2(1
- ~ ~
l10 ..,..ono-w 41 ,05' l30 N1"57'15"E 50.06' l50 N68"43'53"E ...... l11 N46"22'04-"E 110.51' L31 N4"27'54"E 49.94' 1 LSI N1"01'10"E 100.40' l12 N38"07'30"W 33.40' L32 N6"33'Sl"E 59.92' L52 N1"01' 10"E 109.40' l13 N51952'30""E 52.00" l 33 N'r30'51"E 49.97' 1.53 N&9"42'14"W I 73. s· l14 N24-"56'15"E 125.35' L34 N12"08'12"E 59.85'
l15 N15957'~ .1-59, 15' L35 N14"33'54"E 49.96'
l16 N11•tt'D9"E ...... l36 N17"2:8'21"E 59.84'
l17 N6"45'31 "E 51.48' L37 N20"53'37''E 49.93'
l18 N2·~ se.ea· L38 N2J•26'50"E 59.77'
- ~
l19 N0"1746 "E 120.W l3' N2s•21'06"E 49.59'
l20 N2°22'15"W SO.OS' L40 N30"3f>"39"E 59.38'
RADlAl BEARINGS RADlAL EIEARINGS CURVE TABLE
LINEii DIRECTION LINEtt DIRECTION CURVE# RADIUS DELTA . ---- l(R) N0"38'04"E 16(A) N22"24'01"E c, 803.50' L..__5"37'40" 2(A) N0"26"09"W 17(R) N57"53'1'l.:"W CZ 803.50' 1"04'13" 3(A) N5"59'36"W 18(A) N57"53'12'W c, 803.50' 5"33'26"
"{A) N0"38'04"E 19(R) NG5"30'53-W C4 474.00' t-00'52"
--- 05 1551.011 1D~T05" S(A) N0"3T51"E ZO(R) N43"15'31'"E - +-- C6 850.00' 4°09'24" 6(R) N19"02'01"E 21(A) N40"26'38"E -- - - C7 850.00' 15"45'13" 7(A) N20'"44'02"E 22(R) N77"04'05'1:
- C6 850.00' 19"54'37"
B(A) N1B"58'23"E 23{R) N7?944'27"E
--- C9 1250.00' 8°49'14"
9(A) N4"1729"W - . c,o 550.00' 32""54'0B"
,_
10(A) N3"32'45"W l C11 550.00' 1"45'39"
- ,__ 11(Rl N29"05'31"E C12 550,00' 31"08'28"
12(A) N33"t14'tt "E C13 ....... 18°24'10"
13(R) N72"40'57'W 014 570,00' 8"37'53"
I- ---- 14(R) NS3°oa'02"W 015 630.00 9~36"
15(A) NB5"21'30"W C18 640.00' 2"48'53"
C17 1150.00' 8°49'14"
C18 750.00' 19"54'3T I--o,. 1551.00' r10'0-4"
czo 1551.00' rsr ·
LENGTH
---

92.94'

15.01'

77.93'

8.39'
282.92'

61.67"
233.71'
295.37
~
192.44'
315.84'

16.90'
298.93'
192.71'
85,87'
103,10'

31.44'
177.04'
260.62'
194.03'
206.49'"
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V • LARGE LOT FINAL MAP
BEING A SUBDIVISION OF PARCEL C OF MS 2004-02 VOLUME 99 PM, PAGES 9-10, THE REMAINDER PARCEL OF TRACT NO. 2006-12 VOLUME 78 OP, PAGES 39-41, AND THE LANDS DESCRIBED IN
DOCUMENT NUMBER 2020-021788, DOCUMENT NUMBER
2022-012213, DOCUMENT NUMBER 2003-030442 AND DOCUMENT
NUMBER 2003-030443,
LYING IN A PORTION OF SECTION 21 , T. 10 S .. R. 10 E., M.D.B.&M.

CURVE#
C21
C22
CllY OF LOS BANOS
MERCED COUNlY, CALIFORNIA
AUGUST2023
□ ... DELL
NGlNEE-RlN G
1165.SC.nll.Oriv,.S..INA M<Hf to,CA!l5350
OOEll.EffGINEERINO,COM

CURVE TABLE

RADIUS DELTA LENGTH
- 1549.00' 0"25'37" 11.54'
1186.50' 0"4758" 16.56'
SHEET 6 OF 6
VOL . PAGE
222

LEGAL DESCRIPTION
Order Number: 0192-6434978
Page Number: 8
Real property in the aty of Los Banos , County of Merced, State of California, described as follows:

PARCEL 1:

PARCEL C OF PARCEL MAP MS 2004-02, IN THE CITY OF LOS BANOS, COUNlY OF MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY 11, 2005 IN BOOK 99, PAGES 9 AND 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF SAID COUNlY.

PARCEL lA:

AN EASEMENT FOR ROAD PURPOSES AS RESERVED IN DEED RECORDED NOVEMBER 17, 1919 IN BOOK 142, PAGE 270 OF DEEDS.

PARCEL 2:

BEGINNING AT A POINT WHICH BEARS 0° 12' WEST, 30 FEET AND NORTH 89° 50' EAST, 820.42 FEET FROM THE NORTHWEST CORNER OF SECTION 21, IN TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE AS FOLLOWS:

SOUTH 0° 12' WEST, 2653.84 FEET; THENCE 89° 42' EAST, 655.30 FEET; NORTH 0° 12' EAST, 1400 FEET; SOUTH 89° 42' WEST, 46.84 FEET; NORTH 4° 52' EAST, 1257 FEET AND SOUTH 89° 50' WEST, 710 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION CONDEMNED FOR STATE HIGHWAY PURPOSES, RECORDED OCTOBER 24, 1967 IN BOOK 1755, OFFICIAL RECORDS, PAGE 141, MERCED COUNlY RECORDS.

ALSO EXCEPTING THEREFROM THOSE PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 15, 2021 AS INSTRUMENT NO. 2021050979 OF OFFIOAL RECORDS.

PARCEL 3:

A PORTION OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF LOS BANOS, COUNlY OF MERCED, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENONG AT THE NORTHEAST CORNER OF SECTION 20 OF SAID TOWNSHIP AND RANGE; THENCE, ALONG THE EAST LINE OF SAID SECTION 20, SOUTH 01 ° 01' 13" WEST, 401.26 FEET TO A POINT OF NON-TANGENT CURVATURE; THENCE, LEAVING SAID EAST LINE, EASTERLY, ALONG THE

ARC OF A NON-TANGENCY CURVE, CONCAVE SOUTHERLY THE RADIUS POINT OF WHICH BEARS SOUTH 22° 10' 23" WEST, HAVING A RADIUS OF 1570.00 FEET, A DELTA OF 00° 13' 41", A DISTANCE OF 6.25 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, CONTINUING ON LAST

SAID CURVE, SOUTHEASTERLY ALONG THE ARC OFA CURVE, CONCAVE SOUTHWESTERLY, A DELTA OF 13° 35' 22", A DISTANCE OF 372.37 FEET TO A POINT OF TANGENCY; THENCE, SOUTH 54°00' 34" EAST, 527. 95 FEET TO A POINT OF TANGENT CURVATURE; TliENCE, SOUTHEASTERLY, ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 530.00 FEET, A DELTA OF 06° 53' 52", A DISTANCE OF 63.81 FEET TO A POINT OF NON-TANGENCY; THENCE, SOUTH 01° 01' 13" WEST, 1761.12 FEET; THENCE NORTH 89° 42' 33" WEST, 820.36 FEET TO AFORESAID EAST LINE OF SECTION 20; THENCE, ALONG SAID EAST LINE, NORTH 01 ° 01' 13" EAST, 1112.53 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 38° 06' 10" EAST, 322.62 FEET, TO A POINT OF TANGENT CURVATURE; THENCE, NORTliEASTERLY, ALONG THE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1186.50 FEET, A DELTA OF 00° 47' 58", A DISTANCE OF 16.56 FEET TO A POINT OF NON-TANGENCY; Rrst American Tttle
Page8 of 20
223
Order Number: 0192-6434978
Page Number: 9
THENCE, RADIAL TO LAST SAID CURVE, NORTH 52° 41' 48" WEST, 248.28 FEET; THENCE, NORTH 01° 08' 18" EAST, 752.81 FEET TO THE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 2019-04, RECORDED JULY 1, 2020, AS INSTRUMENT NO. 2020021786 OF OFAOAL RECORDS.

PARCEL 4:

REMAINDER PARCEL, AS SHOWN ON THAT CERTAIN SUBDIVISION MAP OF TRACT NO. 2006-12, QUAIL MEADOWS AT STONECREEK THE VILLAGES V-A, PHASE 3, FILED FOR RECORD JUNE 11, 2009, IN VOL 78 OF OFFICIAL PLATS, PAGES 39-41, MERCED COUNTY RECORDS AND AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JUNE 13, 2022, INSTRUMENT NO. 2022022538, OFFIOAL RECORDS.

PARCEL 5:

ALL THAT PORTION OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH POINT BEARS SOUTH 0°12' WEST, 30.00 FEET; NORTH 89°50' EAST, 820.42 FEET AND SOUTH 0°12' WEST, 1875.02 FEET (SOUTH 0°12' WEST, 1,871.93) FEET PER RECORD OF SURVEY 3/20) FROM THE NORTHWEST CORNER OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 0°12' WEST, 778.82 FEET; NORTH 89°42' EAST, 655.30 FEET (NORTH 89°31' EAST 655.00 FEET PER RECORD OF SURVEY 3/20) NORTH 0°12' EAST, 778.82 FEET (NORTH 0°13' EAST, 778.82 FEET PER RECORD OF SURVEY 3/20) AND SOUTH 89°42' WEST 655.526 FEET (SOUTH 89°31' WEST 655.226 FEET PER RECORD OF SURVEY 3/20) TO THE POINT OF BEGINNING.

PARCEL SA:

A TEMPORARY NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS OVER THE NORTHERLY SO FEET OF PARCEL C OF PARCEL MAP MS 2004-02, IN THE CITY OF

LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY 11, 2005 IN BOOK 99, PAGES 9 AND 10 OF PARCEL MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE ACCESS

TO THE LAND ABOVE, AND ONLY UNTIL SUCH TIME THAT THIS AREA IS DEDICATED AND ACCEPTED BY THE CITY.

PARCEL 6:

ALL THAT PORTION OF THE NORTHEAST ¼ OF SECTION 21 TOWNSHIP 10 SOUTH, RANGE 10 EAST, M.D.B. & M. DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH BEARS NORTH 89 DEG. SO' EAST, 1530.42 FEET AND SOUTH O DEG. 12' WEST, 30.0 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 4 DEG. 52' WEST, 1257.0 FEET; THENCE NORTH 89 DEG. 42' EAST, 1913.75 FEET, TO A POINT ON THE WEST

LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO GERALD KOUTNIK BY DEED RECORDED DECEMBER 12, 1962 IN BOOK 1593 OF OFFICIAL RECORDS PAGE 697; THENCE NORTHERLY ALONG THE WEST LINE OF SAID KOUTNIK PARCEL OF LAND, 1248.78 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 DEG. SO' WEST, 1810. 75 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION OF THE NORTH HALF OF SECTION 21, TOWNSHIP 10 SOUTH, RANGE 10 EAST, AND BEING A PORTION OF THAT PROPER1Y DELINEATED UPON THAT CERTAIN RECORD OF SURVEY FILED IN VOL 3, RECORD OF SURVEY, PAGE 20, IN THE OFFICE OF Rrst American ntle

Page 9 of 20 ends

224
Order Number: 0192-6434978
Page Number: 10
MERCED COUNTY RECORDER LYING EAST OF A LINE DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH BEARS SOUTH O DEG. 12' WEST, 30.00 FEET AND NORTH 89 DEG. 50' EAST, 1546.42 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING ON THE EASTERLY LINE OF A 16 FOOT ROAD EASEMENT AS RESERVED IN DEED TO JOHN VICTOR SILVA, ET AL, RECORDED NOVEMBER 17, 1919 IN BOOK 142 OF DEEDS, PAGE 270; THENCE SOUTH 2 DEG. 42' WEST, 1253.00 FEET (SHOWN AS SOUTH 2 DEG. 44' WEST, 1253.60 FEET IN SAID SILVA DEED) ALONG THE EASTERLY LINE OF SAID EASEMENT AND THE TERMINUS OF SAID EASTERLY LINE.

FURTHER EXCEPTING THEREFROM THOSE PORTIONS CONDEMNED FOR STATE HIGHWAY PURPOSES, RECORDED OCTOBER 24, 1967 IN BOOK 1755, OFFICIAL RECORDS, PAGE 141, MERCED COUNTY RECORDS.

APN: 430-010-024-000 (Parcel 1)
Portions of APN 430-010-027-000 and 430-010-028-000 (Parcels 2 and 6) 430-010-035-000 (Parcel 3)
430-103-004-000 (Parcel 4)
430-010-026-000 (Parcel 5)
First American Title

Page 10 of 20 ends

225

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TO:

FROM:

DATE:
,LOsBanos
At tl1e Crc,. s,o ls of Calffon1ia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director1~ September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: License Agreement for Jams209
Recommendation:

Adopt a Resolution approving and authorizing the City Manager to execute a License Agreement between the City of Los Banos and the Bad Boys for Life, LLC, DBA: Jams209 for property located at 516, 518, and 520 I Street
Discussion:

The owner of the property located at 516, 518, and 520 I Street are requesting to enter into a License Agreement to encroach into a portion of the I Street public right-of-way in front of their building. The encroachment will provide enhanced outdoor dining to the building consisting of the addition of a raised concrete dining platform at the front of the existing building encroaching 5'2" at its furthest point into the City's right-of-way.

Clearance for handicap accessibility will be maintained in the public right-of-way. The encroachment does not prohibit the City from performing necessary maintenance and repair to sidewalk, utilities, and other right-of-way improvements. The owner has agreed to indemnify the City from any claims arising from the encroachment onto the City's rightof-way. 1 229
Reviewed by:
~~l&f
Josh ~ inheiro/ City Manager
Attachments:

1. Resolution

2. License Agreement
2 230
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

LICENSE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND THE

BAD BOYS FOR LIFE, LLC
[516, 518, 520 I STREET/JAMS209]
WHEREAS, Bad Boys for Life, LLC ('Owners') are owners of the property located at 516, 518, 520 I Street, wish to enter into a License Agreement to encroach into a portion of the I Street right of way in front of their building; and
WHEREAS, the encroachment will provide enhanced outdoor dining feature to the building consisting of the addition of a raised concrete dining platform at the front of the existing building encroaching 5'2" at its furthest point into the City's right of way; and, WHEREAS, the proposed encroachment does not prohibit the City from performing necessary maintenance and repair to sidewalk, utilities and other right of way improvements; and
WHEREAS, the Owners have agreed to indemnify the City from any claims arising from the presence of the encroaching concrete platform onto the City's right-of-way.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:

1. The Los Banos City Council finds and determines that the matters set forth in the Recitals to this Resolution are true and correct statements.

2. The Los Banos City Council hereby authorizes and approves the License Agreement as presented herewith and authorizes the City Manager to execute said Agreement.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 2023, by City Council Member ____ _ who moved its adoption, which motion was duly seconded by City Council Member _ __ _ and the Resolution was adopted by the following vote:

AYES:
231
NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
232

RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Los Banos
520 J Street
Los Banos, CA 93635
Attn: City Clerk

EXEMPT FROM RECORDER'S FEES

PURSUANT TO GOVERNMENT CODE
SECTIONS 6103 AND 27383
Space above this line for Recorder's use only

LICENSE AGREEMENT TO PERMIT ENCROACHMENT ON CITY

PROPERTY AND DECLARATION OF RESTRICTIVE COVENANTS
This License Agreement and Declaration of Restrictive Covenants ("Agreement") is entered into on ____ _ , 2023 between the City of Los Banos, a California municipal corporation, ("Licensor"); and Bad Boys for Life LLC, a California limited liability company ("Licensee"). This Agreement is made with reference to the following facts:

RECITALS
A. Licensee is the owner of real property at 516, 518, and 520 I Street, City of Los Banos, CA, commonly known as APN # 025-191-017 and further described in Exhibit "A".

B. Adjacent to the property line of said real property is a right-of-way owned by Licensor.

C. Licensee desires to construct certain improvements which will encroach upon and be located in the above-referenced right-of-way owned by Licensor.

D. Licensor is agreeable to permitting said encroachment and granting a revocable license upon the terms and conditions expressed herein.

AGREEMENT
In consideration of the foregoing, and subject to the terms and conditions set forth herein below, the parties agree as follows:

1. Grant. Licensor hereby grants to Licensee, subject to the terms and conditions contained herein, the right to construct, maintain, and install the following described improvements on the following described public right-of-way owned by Licensor, all as shown on Exhibit "B" attached hereto and/or on file with the City of Los Banos Building Department. 1 233
a. The improvements permitted to be constructed, maintained and installed by this Agreement are described as follows:

A concrete patio platform encroaching 5'-2" (at its furthest point) into the City of Los Banos right of way. The purpose of the encroachment is to accommodate outdoor dining ancillary to the restaurant located on the real property. b. The public right-of-way and/or property which will be burdened by said improvements is described as follows:

Sidewalk at 516, 518, and 520 I Street, City of Los Banos, CA.

2. License Fee. In consideration for the license herein granted, Licensee agrees to pay to Licensor the City of Los Banos' applicable encroachment permit fee, payable upon execution of this Agreement, and to pay all costs and fees, including staff time and/or City Attorney fees, if any, incurred by the Licensor for the negotiation and preparation of this Agreement.

3. Construction and Maintenance Expenses. Licensee shall bear the cost and expense of constructing, reconstructing and maintaining the improvements described above. Licensee further agrees that all work upon or in connection with said improvements shall be done at such times and in such manner as is approved by Licensor and shall be done in accordance with plans and specifications approved by Licensor and subject to all permits required by Licensor pursuant to state or local law or regulation.
a. Licensee shall not modify or in any fashion change the improvements, once constructed, without the written permission of Licensor. b. Licensee agrees to construct said improvements in a workmanlike fashion and to at all times maintain said improvements and the portions of Licensor's right of way on which the improvements are constructed in a good and sound condition and in a condition that remains aesthetically and visually pleasing and acceptable to the Licensor

4. Termination/Removal of Improvements.
a. This Agreement and the rights granted hereunder may be terminated by Licensor with or without cause at any time by the City Manager and the giving written notice to Licensee at least three hundred and sixty five (365) days prior to the termination. Within thirty (30) days after issuance of the notice of termination to Licensee, Licensee shall be given an opportunity to request to meet and confer with the City Manager to object to the decision to terminate the Agreement and to show cause why the Agreement should not be terminated. b. Should Licensee, its successors and assigns, at any time abandon the use of the property described in Exhibit "A" or any part thereof, or fail at any time to use the same for the purpose for which development of said property was approved for a continuous period of one hundred eighty (180) days, the rights and obligations hereby created shall cease to the extent of 2 234
the use so abandoned and/or discontinued, and Licensor shall have the right to declare this Agreement terminated to the extent of the use so abandoned or discontinued. c. Upon termination of the rights and privileges hereby granted, Licensee, at its own cost and expense, agrees to remove said improvements for which this license is granted and to return the right-of-way to the condition it was in prior to the construction of the permitted improvements. Should Licensee in such event fail, neglect, or refuse to remove said improvement or return the right-of-way to such condition, such removal may be performed by Licensor at the expense of Licensee.
d. If Licensor is required to remove said improvements, Licensee agrees to reimburse Licensor for the cost thereof and for any costs necessary to return said right of way of Licensor to the condition existing before the construction of the improvements within 30 days after the mailing to Licensee an invoice for said costs by Licensor. If such invoice is not so paid, the remaining balance shall accrue interest at the rate of 10% per year until paid. Furthermore, if said invoice is not so paid, Licensee agrees to permit Licensor to impose a lien upon the real property described in Exhibit "A" without notice to Licensee.
e. Licensee hereby waives any/or all claims against Licensor for any and all damage or injury done to the real property described in Exhibit "A" and/or the structures and/or any personal property located thereon caused as a result of the removal of the improvements and Licensee indemnifies and holds Licensor harmless for any and all such damages or injuries, irrespective of the passive or active negligence of Licensor.

5. Indemnification and Hold Harmless.
a. Licensee shall assume all risks of damage to the improvements and any appurtenances thereto and to any other property of Licensee or any property under the control of Licensee while upon or near Licensor's right-of-way described at paragraph l(b). b. Licensee further agrees to indemnify and hold harmless Licensor, its officers, employees, agents, successors, and assigns, from any and all claims, liabilities, damages, failure to comply with any current or prospective laws, attorney's fees, loss or damage to property whether owned by Licensor, Licensee and/or third parties to this Agreement, and/or injury to or death of any person arising out of the construction, maintenance, removal, replacement, rehabilitation, repair, or the location of the improvements or out of Licensee's activities on Licensor's right- of-way described hereinabove.

6. Insurance. Licensee, at its sole cost, shall maintain general liability and property damage insurance in the amount of $2 million combined single limit for bodily injury and property damage, with insurers which are acceptable to Licensor, insuring against all liability of Licensee and its authorized representatives arising out of and in connection with Licensee's use or occupancy of Licensor's property pursuant to this Agreement.

All general liability insurance and property damage insurance shall insure performance by Licensee of the indemnity provisions of this Agreement. Licensor shall be named as an 3 235
Additional Insured, and the policy shall contain cross-liability and primary insurance endorsements.

Each policy, or a certificate of the policy, shall be deposited with Licensor at the commencement of the term of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration of the term of the policy. Licensee shall provide evidence of said insurance.

Licensee shall make arrangements with the insurers that the insurers shall provide Licensor with notice of cancellation or termination of the insurance at least thirty (30) days in advance of cancellation or termination. Licensee shall continuously maintain the insurance required by this Agreement until said improvements are removed from the Licensor's right of way.

7. Notices. All notices, requests, demands, or other communications required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, registered or certified, with first class postage fully prepaid, addresses as follows:

LICENSOR:

City of Los Banos
520 J Street
Los Banos, CA 93635
LICENSEE:

Bad Boys for Life LLC
2100 Geer Rd, Ste B
Turlock, CA 95382

8. Waiver. The waiver by Licensor of any breach or any term, covenant, or condition herein shall not be deemed to be a waiver of such term, covenant, condition o"r any subsequent breach of the same, or any other term, covenant or condition herein contained.

9. Authority of Parties. Each individual executing this Agreement in behalf of a corporation or other private entity shall represent and warrant and that he/she is duly authorized to execute this Agreement on behalf of the corporation and/or entity, in accordance with the duly adopted resolution of the Board of Directors of such corporation, and/or entity, a copy of said resolution shall be provided to Licensor, along with the executed original of this Agreement.

10. Attorney's Fees. In the event that either party is required to bring an action to enforce or interpret terms and conditions of this Agreement, the prevailing party shall be entitled to payment of its attorney's fees, as well as expert witness fees.

11. Assigns and Successors. This Agreement shall inure to the benefit and be binding upon each party's assigns and successors, and it is the intent of the parties that this license and its 4 236
terms and conditions shall run with the land and be binding upon all successors in interest to the real property described in Exhibit "A" attached hereto.

IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives as of the Effective Date indicated on the first page of this Agreement.

LICENSEE

BAD BOYS FOR LIFE LLC
By:-------------- Dated: -------------

LICENSOR

CITY OF LOS BANOS
By: _ _________ ___ _
Dated: -------------
ATTEST:

Lucille L. Mallonee, MMC
City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
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EXHIBIT "A"
[Insert Legal Description]
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EXHIBIT "B"
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TO:

FROM:

DATE:

LOsBanos
At the Crossroads of Cal~fonlia
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer5t--=-I C September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Redstone Construction, Inc. in the amount of 1,145,345.00, with a 10% contingency in the amount of $114,535.00 for the construction of the Eastern Application Field Irrigation Piping Replacement at the Waste Water Treatment Plant Recommendation:

That the City Council adopts the Resolution to:
• Award the Eastern Application Field Irrigation Piping Replacement at the Waste Water Treatment Plant to Redstone Construction, Inc., and authorize the City Manager to execute the Construction Contract Agreement in the amount of $1,145,345.00. Staff is requesting a 10% contingency of $114,535.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
• Amend the Fiscal Year 2023-24 Budget by increasing appropriation amount in the Waste Water Treatment fund 502-433-100-717 in the amount of $940,000.00.

Background:

The existing irrigation infrastructure at the eastern application field has been in place since the inception of the Waste Water Treatment plant and has long past its useful life.

The current system lacks the hydraulic capacity to efficiently deliver waste water effluent from the treatment ponds to the irrigation field. Additionally, the existing irrigation valve and control structures have significant deterioration that limit our ability to shut-off and/or open the flow to channels effectively. The work for this project consists of replacing the existing irrigation system in the Eastern Application Field and gates in the flow distribution box located westerly from the Eastern Application Field. Also included is work at the crossover piping feeding Ponds 5, 6 and 7.
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This project is time sensitive and is critical to maintain the current capacity at the Waste Water Treatment Plant. With a forecast of another wet year in ear1y 2024, this project must be completed prior to the next irrigation season, and in time for potential emergency operation in the Winter and Spring of 2024.

Discussion:

Staff enlisted the services of Provost and Pritchard Consulting Group to design and prepare bid documents for the project. Staff released the project for advertisement on July 24, 2023. The bid opening was held on August 31, 2023. The Public Works Department, through the office of the City Clerk, received three (3) bid from the following contractors, including Bid Additive Alternative (A1) to Add Irrigation Bypass to Pump System:

Redstone Construction, Inc. Atwater, CA
McElvany, Inc. Los Banos, CA
Mid Cal Pipeline & Utilities, Inc. Merced, CA
$1,135,345.00
$1, 181,372.46
$1, TTS,550.00
Staff reviewed the bid proposal for completeness. Redstone Construction, Inc. submitted the lowest responsive and responsible bid for the project.

Staff is recommending a 10% contingency in the amount of $114,535.00 to be made available for the project and to include Bid Alternative A1 for the Temporary Bypass System of an additional $10,000.00. The administration of the contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Environmental Analysis:

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 as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (b ), Existing Facilities. The project involves the replacement of an existing publicly-owned utility used to discharge waste water effluent at the City owned property at the Wastewater Treatment Plant.

Fiscal Impact:

The Eastern Application Field Irrigation Piping Replacement project is funded from the Waste Water Treatment fund 502-433-100-717 in FY24 for a total of $400,000.00. Due to the bid result above, staff is recommending City Council to amend the Fiscal Year 2023-24 Budget by increasing appropriation amount in the Waste Water Fund in the amount of $940,000.00. This total include the additional construction cost of $860,000 and the consultant cost for construction observation and construction management of $80,000 (with Provost and Pritchard). This brings the total budget to $1,340,000.00 for this project.

Brent Kuhn, Interim Finance Director
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Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Project Area Map
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RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AWARD

OF CONSTRUCTION CONTRACT TO REDSTONE
CONSTRUCTION, INC. IN THE AMOUNT OF
$1,145,345.00 WITH A 10% CONTINEGENCY IN
THE AMOUNT OF $114,535.00 FOR THE

CONSTRUCTION OF THE EASTERN

APPLICATION FIELD IRRIGATION PIPING

REPLACEMENT PROJECT AND ADOPTING A

REVISED BUDGET FOR THE FISCAL YEAR
2023-24 AS IT PERTAINS TO THE WASTE

WATER TREATMENT FUND
WHEREAS, City of Los Banos Public Works Department received competitive bids on August 31, 2023 for the purpose of constructing the Eastern Application Field Irrigation Piping Replacement project; and
WHEREAS, the Public Works Department determined, after receiving competitive bids, that Redstone Construction, Inc. provided the lowest responsive and responsible bid in the amount of $1,135,345.00; and
WHEREAS, the Public Works Department recommend the award of Bid Alternative A1 for the Temporary Bypass System for a total contract amount of $1,145,345.00; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $114,535.00; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with Redstone Construction, Inc. and authorize the Public Works Director/City Engineer to administer the Construction Contract including the 10% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Eastern Application Field Irrigation Piping Replacement project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301 (b), Existing Facilities; and WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2023-2024 Budget; and WHEREAS, the proposed amendment to the Fiscal Year 2023-2024 would increase expenditures by $940,000.00 in the Waste Water Treatment Fund (502-433- 100-717).
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:

1. Accept and award the construction bid of Redstone Construction, Inc. in the amount of $1,145,345, with a 10% contingency in amount of $114,535, authorizes the City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 10% contingency.

2. Amend the Fiscal Year 2023-24 Budget by increasing the appropriation amount in the Los Banos Park Fund (502-433-100-717) in the amount of $940,000.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 2023, 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:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
250
T Cityof B LOs ,anos

BID OPENING

EASTERN APPLICATION FIELD IRRIGATION PIPING REPLACEMENT (WASTEWATER TREATMENT PLANT)
August 31 , 2023 - 2:00 p.m.

1. Mid Cal Pipeline & Utilities, Inc.

2. McElvany, Inc.

3. Redstone Construction, Inc.

Signed: \~~ (.___. ,
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Jel De Melo,
Administrative Coordinator
$ 1,735,550.00
$1,161,372.46
$1,145,345.00
Dated: August 31, 2023
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Advertisement for Bids

CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of Eastern Application Field Irrigation Piping Replacement will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. PDT, August 31, 2023, and then at said office publicly opened and read aloud.

The major work consists of replacing the existing irrigation system in the Eastern Application Field, and gates in the flow distribution box located westerly from the Eastern Application Field. Also included is work at the crossover piping feeding Ponds 5, 6 and 7.

The time for completion shall be fifty {50) working days.

The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:

Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics {www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.

The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.

No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http:ljwww.dir.ca.gov/ Public-Works/ PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.

The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A.

Prospective bidders are required to attend a mandatory pre-bid meeting on August 15, 2023 at 1:00 p.m 253
PDT. The meeting will be held at the City's Madison Avenue conference room, 411 Madison Avenue, Los Banos, CA 93635, followed by a site visit to the WWTP immediately afterwards.

Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.

Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.

Bidders are solely responsible for the cost of preparing their bids.

The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 254
Agreement
THIS Agreement is dated as of the ___ day of ___ in the year 2023 by and between the City of Los Banos, a California municipal corporation ("Owner") and Redstone Construction, Inc. ("Contractor").

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled Eastern Application Field Irrigation Piping Replacement." The work is generally described as follows:

The major work consists of replacing the existing irrigation system in the Eastern Application Field, and gates in the flow distribution box located westerly from the Eastern Application Field. Also included is work at the crossover piping feeding Ponds 5, 6 and 7.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.

2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.

3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars ($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.

4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).

5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.

6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to th is Agreement:
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(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Provost & Pritchard Consulting Group entitled :

Eastern Application Field Irrigation Piping Replacement dated April 2023. (N) Drawings prepared by Provost & Pritchard Consulting Group. (O) Addenda No. 1, dated August 21, 2023
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.

7. MISCELLANEOUS.

A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.

B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

D. The Laws of the State of California shall govern this Agreement. Venue is Merced County.

The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government 256
Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.

F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.

Date
ATTEST:

Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
By: ------------------ Authorized Representative of Owner Title:
257
By: ----------------- Date Authorized Representative of Contractor Title:
(Seal if Corporation)
(Attach Acknowledgement for Authorized Representative of Contractor) 258
1®
Knowwllats below,
CaUw.11,oaidlg.
~

WARNING

POWER LINES
<MRtt!All

NOTTO SCALE
~cr--oomw AAbsiJRFAce: irilmcn.JREBARE SHOWN ON TAEWWW, THE LOCATldNS, DEPTH ANO 151MEN1516Ni DF STRUCTURES NU! BEUEVED TOBEREAaONABI..Y COAR!CT, BUT AA!!: NOTGl,l,l',IWffEED.Suett STRUCTURE& ARE SHOWN FOR THE NFORMATl0N OF TIE CONTRACTOR, BUT IWORIU,TION 50 GIVEN ft! NOT TO Bl!: OON!ITRUl!O Al A REPRESENTATION 'JH,\T 8UCH 51RUC1URE3 M.L, INN..LCASES,, 8EFQUNOWHEREStOl'rltlOR THl'ITTHEY REPRE6ENI' ALL MTHE~Vfft:H MAY BE '"""""""'
~:~ifl~~JIT066Riiidi'CONSTRUCT10NMWW6PfREe&ffitXcliirsMi#m:u.::aiib TlEUfD:RTNIIHOOFINSPl!:cnoHaORTHfGMJ«IOFMTRUCTIONSASAUJHOAIZEOHEREIHISNOTINTENOB>TOIHCUCERa'IEWOF THEID£aJM:'fOfnEcetffllACTOR'SSNETYMfMlRESIH..ON.0ANEAATHE~•TENGatW.1NOTIECONSffl\£D AIJSUPelM6fONOFTHE~COHSTitLCTlONNORMA.KEnEEHGltEER,OWHERORITIJADENTllRE!PON91al.EFOR~A WE PLACE FOIi THE PERFORIAANCE OF WORK BY THE CON'mACTOFt. 6UBCONl~CTOR8. OR SUPPUEAS, OR FOR ACCE8,, VJ8IT8, U&E. 'MlAK.. TRAVB, OR OCCUPN«:Y BY NN PiASOH.
1)£00fffltACTOAatW..lHA.VEATTHEW0RllsnE,CCIPIESORSUTMll.EEXTRACT80FCQ«JTROCncNMP'l!lVOROER8.'68llE08Y ~-o&HA.~BHALLOOMPLY',',l'll-iPROVISIONSOFT'HE15EANDAU.on£RAPP\.JCA8LE~.~9AND REGULA'T10N$,, THE CONTRACTOR MUSTOOMPLY'MTH PROVISIONII OFllE SI\FETY NE HEALTH REGUlA110NSF0R CONSTRUCTION, PROMULGATED BY THE SECRETARY OF LA90R Utc:IER SECTION 1g7 Ol'nE CONTRACT WORlt HOURS Nm SAFETY STANOARDS N::r, I,& SET FORTH IN Tln.E 29 C.F.R.

TO PROm:TTHE I.MS NOMEAlll4 OF CONTRACTOR'S EMPlO'f1£SlHJER11ECONlRACf, 1lE CONTR-.c'lOR stw.J.COUPt.Y\WlH ...U. PERT11£NT PRO\IISIONS OF THE 'MANI.W. OF AcaoeNT PREVENTION IN 00NUJtlJC1ION" ISSUED BY 11E ASSOaATfDGENEIW.

CONTRACTDRS OF AMERIC,t,, INC.. ANO 5HALL MAINTAIN AN ACCURAT! RECORD Of AU. CASES OF DEATH,, OCClPATIONAL CISEASE, AND INJUR't' REQUIRING MEDICAL ATTENTION OR CAUSING LOSS OFTTME FROM WORK, ARIBING 00T OF AND IN n-tE COURSE OF EMPLOYMENT ORW0RKUHDERTl-£CONTitl,CT.
1lE CONlRACJOR ALONE ~LL BE RESF'OtGBLE FORTHEBN'ETY. EF1'1CIENC'r, ANDACIEOU,t\r::f Of COHlltACTOR'SfACtt.l'!leS, APl"IJANCES, AND METHODS AND FOR Nff MM.a.GE, V'IHC>t MA't' RESUl T FROM THEIR FNI.IME OR lleR IMPROPER CON6TRUCTIOH,

MAINTENANCE OR OPERATION,
THEcotffRAcTOR AmiEE8 TMATIT SHALLAS&I.ME 60lE ANlCOUPl.£TE RESPON6111lm' FOR JOB 8ITE CONCIT10fM OUR1HO Tl-£ DOI.MSEOFCONllA\.CTKIN OFnts PROJECT, INCl.UDING u.FETY01' ALL PER110HSN«>PROPERTY; THATTHISREQUREMENTSHAI.L APPl't' CONTINUOUSLY -"">NOT BE LIMITED TO NORMAL WOIU(ING HOURS; AND THAT TI-IE COJlll'RACTOR SHAU. CEFEND, IN:lEMIIIA' AND HOLD Tl£ OWNER. PROVOST .. PRl'Ta-lAAD CONSUL TING GROUP, N10 THBR REflPECTM: AGBff'S HARMLESS fRDM PH( .ANO ALL u.a.elLITY, REAL OR ALLEGED, IN CONNECTIONWTH THI! PERFORMANCE OF WORK 0N THS PROJECT. EXCEPTING FOR UAMJTY AAl:Sh'«J FROM TI£ 80U!! Nl!GIJOENCI! OF CM'NER, ENOINEER, ORT1£1RRESP£CTIVEAOEl'ffa Tl-£ OWNER N«) rra NJENTS' aTE RE&PONSIBlJTIES ME LIMl1B>80LELY TO THE! ACTMTJe& OF 'THEIR EMPlOYEEI ON em;:. 1HES£ REIPONSIBIUTil!&atAI.LNOT 8E INFcRRllOB't' Nii PNt1Y TD MEANTHATTHE orM-Jl!R ORIT8.AGENT8 HAW RERPONSIBIUTY FORSfrE S.-..cl!TY. SAFETY IN. ON. OR AIIOUT Tl£ SITE IS THE SOL.l!AND EJCct.USIVE RfSPOHSISIUTY Of T>fl!: CONTRACTOR Al.ON!!. THE CONTRACTOR'S ... E'TtklDS 01' 'I.ORI( PERFORPMNCE, 8l.ffRINT£N09IC #ID n£ 00HTRAC:TOR'S EJ.tPLOY!E9. AND SE:01.ENC!NG OF CONllRUCTtONME ALSO TI£ S0l.E ANJ EICCUJ8NE RESPOHSle:uflEl9 OF 1HE COtfflUCTOR AUlHE.

CITY OF LOS BANOS

COUNTY OF MERCED

EFFLUENT IRRIGATION SYSTEM

IMPROVEMENTS
TOPOGRAPHY NOTE TOPOGRAPHY &HOWN WA8 00l.l£CTl!O 1Y PROV06T" PAIT0-WIOCOk!l\l.l1HBOROlPDUAING 1'18.D~ C()t0.JCTEDNAPR11.0FZQZ1N<IOCT08ERCF:zozl.

BASIS Of BEARINGS ""MoCAl.FORtMCOORaNAlE 8Y8TEM Of' IM). ZONI! l , ESTA81.18tel1 LDCALL Y BY GPS OBScRVATIONS,
~
~~TJONBENCHIU,RK"'k.s.29',A.BPMSDISKIN
TJ,;E 50llTHEAST HEADWALL Of ABRIOCJEOVER THE SAN llJIS CRAIN. ADJACENT TO THE lOS 1!1AN08 WNrP, 2.55 MJLl!:9
NDRTlfNESTOFl«i~Y 112 ELEVATION•1DIUIO',.__V088DIITIM
~

SITE MAP
9~

1. crrrDFlOIIAN08PVBUCWORK80IRECTOR,NRORHTt-PNCZ09427-2488)aw.LL8ECONTACTEDATLEASTfl ~PRtOA TOCOMMEHCBIENT OF WOAKONMNEM EXISTll«lomR!l:TfACl.lllES. 2, USED MATERSAL, REJECTS. MISATS, OR IECONOS, l!TC. ARE NOT .AOCEPTABLE FOR USE ON aTY OF LO$ llANOO l"ACILmES.

1. ALLCON31RUCTIONSHllrlllEIN~v«TM1HESEPlA~PROJECTSPEctFICA1lON8.

4. CONTRACTOR: SHALL FIELD VERIFY THEHORIZONTALANDVBmCAL lOCATlONS OF AU. EXJSTTNO FACIUOES PRIOR TO COMMENCIHll lNORIC. CALL UNDERGROI.M) SERVICE ALERT (IJSA)AT 1-M. CONTW'-CTOR81-'All MAICE ENOINl!l!R A.WAR!C' N<'f DISCREPANCIES.

5. AU.C"9T.fi.PI..ACE OONCREre BlRLICT\.RE8 atw..l BE FORMEOlfelJEAt«>OUT NC)OONCta:TEVIBRATED tiUFFICIEN'TlY TO PROYIOf ~SMOOTH 6URFACEDWALl.&fl.00Ri!i1Wln-w1'\JOIDSNE HONEYCOMBS. s. THF CITY 8KAl.l INSPECT AU. 'W0RI( PHASES ON cot«::RETE FACILffiES FOR COtEORMANCE TC THE arv·s 8P£CFICATIONB.RBl'WOROHOSHAl.lNOTBEENCA8ED ... CONCRETENTHOUTPRIORTHEaTY'8 "8P£Cll0MI. UICEY"8f'~ ~~NOT B(;etlv'EAB)'-MTHCARP--1 f'ftklA_ TOTI-Ecm-& ~

7. CONCRETE CESkJN MIX Stw.L BESUl!MITIBl TO Tt-£ENG1NEER FOR REYl~ANDAPPROYAL ALL CONCll:ETE Sl-W.lHAVE A.28-0''1' MtrtMUJ/100MPR081VESTREMlTH OF 3000 PSI UNLE88 OTI-ERYJISE SPECIFIED.

I. ALL 8TEB. ~NfOFtTIIOOS 6tW..L U R..RNSHED'MTHJo.SHOPAPPtJED ttGH 80006 EPOX't' COATING ON -nEINTERIORNC>EXllHOR.UNl.£6SOTlER'MSEINDICA18>.AlLOTHEREXl'06EOSTllLSMALI.BEPAINTEO v«TMA PRl!•TREA.TMEM" PRIMER.~ l.M:IERCQ.\T ANDA FINAL OOAT Of'PNHJ IN ~NCEWITHTHE OlY'SSPEOFICA.TIONS.
9, ALLNUT8,80LTS,NC>WASl-£RSUSt:0TOISEQMEUNOEtm'RDl.#ClFITTNJSstWJ.8ESTN~IITE!L AfTBNITAUAT10N,M.t.8TEEl.HMr1#Nl/£.stw.l811!CMTEO'MTHARVSff't.E\etTAfll/E.'Mll"i>l'eO'M'TH4 JiaLPOt.YETH't'\..ENESHEETINll.ANDSJ:Cl}REWITMl'VCTN'E.

10. TMRI.IST AESTFWNT:l TO BE PROVIDED AT All PIPEUNE8cNDS, 'Mii:THER OR HOTSHovn-lONTIE PLANS.

11. AU.CDNSTRUCTIONQW.L.Be f'ERFORNl:ONAOOORCANCE 'MlltAPf'UCI.Bl.f HEALTMAJl)&AfETY lAWS Of T1E STATE 01'~ AADCAUOSHA IST~ltt!G.

12. TRENCH BACl(flLL AMl RESER\IOIR EMllNIKMENT8 SHALL BE COMPACTED ... ACCORD-'NCEWITH TI-E 8PECIFICAT10N8 AND TH! GEOTECHIIICAL REPORT CONTAINED IN THE Sf'EC:IFICATlONS.

13. CONTRACTOR WI.I. BE RESPONSl!LE FOR THE REP¥!: OF M.J. PfPEIJHECRAa(S. w«HDE\IELOP~INO CONSTRUCllONOFIMPROIIEMENT8AFF9:TINODJSTINIJ FACn.JTIE&. 14, ALL exeess MATERIALANOIOR DEBRIS SHAU. Be REMOIIED UPONOOMPLE"110NOf lt,,sTM.LATIQN.

15. eowm.a.CTOR8HAU.BERE8PCN!l81..EFORPRO'IIOO«l~TEOU6TCOHl"ROlAT ALL TIMES. ®

SHEET INDEX
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C4' IAAk»illON 01SCHMOE8TRUCT1.AE IMPROYEMSml PLAN
C.OS IRRIDATIONSYSTEM•F'I.ANA~f"ROPI.E
048 RECIRCULATION STRUCTURE AND PIPE IMPRO'l!:M'EN'TS
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259

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260
LOsBanos
l rlu• ( 1r11ia
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director~ Soknirorn Than, P.E., Public Works Director/ City Engineer DATE: September 6, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Improvement Standards and Specifications and Community Design Standards Technical Advisory Committee Appointments
Recommendation:

Appoint members to the following Technical Advisory Committees:

Improvement Standards and Specifications
Two (2) City Council Members
Two (2) Planning Commissioners
One ( 1) member from the Traffic Safety Committee
One (1) member from the Parks and Recreation Commission One (1) member from the Tree Commission
Community Design Standards
Two (2) City Council Members
Two (2) Planning Commissioners
Discussion:

On August 2, 2023, the Los Banos City Council adopted Resolution 6676 and 6677 to create Technical Advisory Committees for the Improvement Standards and Specifications and the Community Design Standards. The role of the committees will be to facilitate the 1 261
preparation of the Improvement Standards and Specifications and Community Design Standards update that reflect the community's vision for the City. The term of the committees will conclude with the City Council adoption of the comprehensive updates.

Reviewed by:
2 262
LOsBanos , L ilu: Crossromls <~{ Cal({<nnia
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: September 6, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointment
Recommendation:

Appoint member to the following City Commission:

Tree Commission
One (1) Two (2) Year Term -Expiring December 31, 2024
Discussion:

Staff advertised the above vacancy on the City's website, on social media, and on the bulletin board outside of City Hall. Applicant was interviewed by a committee per City policy. Any remaining vacancies on City commissions will continue to be advertised.

Fiscal Impact:

None
263

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264
LOsBanos
At the Crossroads OJ L;a 9u , ia
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: September 6, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Designation of Voting Delegate and Alternate(s) for 2023 League of California Cities (LCC) Annual Conference
Recommendation:

That the City Council designate a voting delegate and alternate voting delegate(s).

Discussion:

League of California Cities (LCC) procedures require the City Council to designate the voting delegate and alternate(s) for the LCC Annual Conference & Expo being held September 20-22, 2023 in Sacramento. The following are registered to attend the conference:

Council Member Begonia
Council Member Jones
City Manager Pinheiro
City Attorney Vaughn
For additional information, attached is a memorandum from the LCC.

Attachment:

LCC Memorandum
265

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266

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 28, 2023
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities' event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
1400 K Street, Suite 400. Sacramento, CA 95814 • 916.658.8200 • calcities.org 267

LEAGUE OF

CALIFORNIA
CITIES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/ Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 97 6.658.8200 • calc1ties.org 268

LEAGUE OF

CALIFORNIA
CITIES
General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.or-g 269

LEAGUE OF

CALIFORNIA
CITIES
CITY: __ 1o_s_ BA_N_o_s _ _ _______ _
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name: ____________ _
Title: _____________ _

2. VOTING DELEGATE - ALTERNATE
Name: -------------
Title:--------------
Email:

Email: - ---- - - - ----

3. VOTING DELEGATE - ALTERNATE
Name:
---- ------- -
Title: - ----- - ---- --
Email: - ---- -------

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Lucy Mallonee Email: lucy. [email protected]
Mayor or City Clerk: __________ Date: ____ Phone: 209-82 7-2412 [circle one) [signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
270

LEAGUE OF

CALIFORNIA
CITIES
How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how Resolutions and the General Assembly works.

P.fi°or to f.ie ~nnua Co fe nee a ci E ~o
General Resolutions
Sixty days before the
I Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

Petitioned Resolutions
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

General Assembly
Policy Committees
• • • The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Resolutions Committee
• • • The Resolutions Committee
Q considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualifled.2
••wttti·
.,
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

What's new in 2023?
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(1).

For more Information visit www.calcltles.org/general-assembly Who's who
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates -
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
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272
T City·. of . B . LOS a OS

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date:

Re:

Proposal:

September 1, 2023
Notice of Public Hearing
Site Plan Review #2023-07 - El Pollo Loco
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2023-07 for the development of a 2,400 sq. ft. commercial structure with drive-thru and various site improvements located within the Highway Commercial Zoning District at the southeast corner of Mercey Springs Rd. and Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083-130-039.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, September 13, 2023 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 Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.

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 the 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
Rudy Luq ·n----- Associate Planner
273
LOsBanos

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 1 , 2023
Re: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-08 - Commercial Storage Container NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Accessory Structures) for Conditional Use Permit #2023-08 to allow the use for four (4) storage containers for additional storage to be located within the Mixed Use Zoning District at 508 I St., more specifically identified as Assessor's Parcel Number: 025-191-019.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, September 13, 2023 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 Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.

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 the 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
Rudy Luquin
Associate Planner
274
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 1, 2023
Regarding: Notice of Public Hearing
Proposal: Vesting Tentative Parcel Map #2023-01 - Geluah LLC NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Negative Declaration (SCH #2023080280) and Vesting Tentative Parcel Map #2023-01 to divide three (3) parcels into eighteen (18) parcels. The project site is located south of Technology Rd; more specifically identified as Assessor's Parcel Number: 084-030- 004,033,047.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, September 13, 2023 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 Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.

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 the 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 275
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 1, 2023
Regarding: Notice of Public Hearing
Proposal: Cottage Food Operation #2023-02 - 958 J St.

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2023-02 for Elizabeth Rogers at 958 J St., more specifically identified as Assessor's Parcel Number: 026-132-022.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of . the Los Banos Planning Commission on Wednesday, September 13, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827- 2432.

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 the 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 u r1n--•l-+-fi~ .. - ~
Associate Planner
276

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