LOs Banos
At the Crossroads of Cal~fon1i<1
ADDENDUM NO. 1
April 12, 2024
Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Response to Questions
1. Question: Do you happen to know the total sidewalk miles needing to be assessed? Response: Approximately 262 miles of sidewalk.
2. Question: What level of detail of collection method is preferred:
• Walking survey that is collected via GIS field survey mapping methods using GPS, photos, and data gathering.
• Certified Survey data collection methods and precise slope measurements • Aerial Imagery and LiDAR scanning collection methods
Response: Please include in proposal.
3. Question: What features on the sidewalk are to be collected? • Pedestrian Crossing Curb Ramp diagrams, photos, measurements, slope, • Entire width and length of the sidewalk and curbs identifying hazards and obstacles (for wheelchairs or heights for pedestrians/bicycles). • Are bike lanes or any neighboring lane data information to be included in the scope?
• will encroaching vegetation, signs, clacks, roots, and other data to be collected? Response: Please include in proposal.
4. Question: What attributes are to be collected and is there a specified schema for the GIS data deliverables?
Response: Attributes not specified. We are not requiring GIS data deliverables.
This Addendum forms a part of the Proposal Documents and will be incorporated into the Proposal Documents, as applicable. All other conditions of the Proposal Documents remain unchanged.
The following changes, additions, or deletions as set forth herein shall apply to the Proposal Documents and shall be made a part thereof and shall be subject to all the requirements thereof as through originally shown and/or specified.
RFP- Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan 161
City of Los Banos
Public Works Department
411 Madison Ave. Los Banos, CA 93635
Addendum No. 1
Proposals shall be submitted in accordance with this Addendum. All consultants MUST acknowledge receipt of this Addendum by signing and retuming this Addendum with your Proposal.
City of Los Banos Firm Name: Sally Swanson Architects, Inc. ~ ~ru dl~
i§y:~eiene de Melo
By:
Title: CEO
Administrative Coordinator Date: 04/22/2024
RFP- Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan 162
City of Los Banos
Public Works Department
Addendum No. 2
'?age 1, of 1
411 Madison Ave. Los Banos, CA 93635
L jOs Ban os
At the C..-ossroads of California
ADDENDUM NO. 2
April 18, 2024
Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Attached is the City's most recent ADA Surveys from 2016 and 2017.
This Addendum forms a part of the Proposal Documents and will be incorporated into the Proposal Documents, as applicable. All other conditions of the Proposal Documents remain unchanged.
The following changes, additions, or deletions as set forth herein shall apply to the Proposal Documents and shall be made a part thereof and shall be subject to all the requirements thereof as through originally shown and/or specified.
Proposals shall be submitted in accordance with this Addendum. All consultants MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Proposal.
City of Los Banos
elo
Administrative Coordinator
Firm Name:
By:
Title:
Date:
Sally Swanson Architects, Inc.
CEO
04/22/2024
RFP- Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan 163
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Firm Profile
Firm Name: Sally Swanson Architects, Inc.
Years in Business: 44 years
Address: 100 Bush Street, Suite 1628
San Francisco, CA 94104
T 800-533-8771
M 415-308-6555 (Sally Swanson's Cell)
Firm Website: www.swanarch.com
Main Contact: Sally Swanson, AIA, [email protected] Type of Organization: Private Company, California Corporation Incorporated Nov. 19, 2002 Name of Owner: Founder/Principal-in Charge Sally Swanson, AIA License/Registration: CAArchitect License #C12746 CA Business Certificate #379994 Firm Certifications: Woman-owned Business Enterprise (WBE); Small Business Enterprise(SBE) Disadvantaged Business Enterprise (DBE)
Federal Tax 1.0.: 01-0600856
Business License: #C2275182
Scope of Services: Founded in 1980, Sally Swanson Architects, Inc. has two practice specialties:
1. ADA Access Compliance
2. Educational and Civic Architectural Design
Firm History and Organization:
Forty-four years ago Sally Swanson Architects started, and has continued, as a pioneering firm with a passion for creating accessible environments. Our belief is that the best access compliance begins with a deep knowledge of ADA compliance and combines it with a strong design understanding. Bridging the strict requirements of California ADA codes as well as the requirements of place-making design, we collaborate with our clients to create environments that mitigate barriers. We cover the broadest spectrum of projects. Sally Swanson Architects, Inc, has never failed or refused to complete any contracts.
The firm's expertise includes the preparation of Guidance Documents for the Division of the State Architect (DSA) now being used by plan reviewers, building departments, and cities and counties across California. SSA utilizes surface profiling technology that speeds up field data collection on sidewalks six times faster than the traditional approach. SSA provided Universal Design guidelines for the 2014 Sochi, Russia Winter Olympics and Paralympics, and the 2018 PyeongChang, South Korea Winter Olympics and Paralympics. SSA also provided the Accessibility Guidelines for the 2020 Tokyo Summer Olympics and Paralympics.
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Innovative Solution fo Data Collection
Digital Profiling of Sidewalk Inventory & GIS Integration The sidewalk profiler is an alternative to the traditional method of compiling survey results which utilizes cost effective proprietary technology in gathering field data of pedestrian facilities within the public rights-of-way.
Comparing manual sidewalk collection (dots) vs profiler sidewalk collection (lines) At SSA we ensure your results are accurate and precise. The profiler data shown below (lines) shows the consistency between four different surveyors and the repeated performance of identifying cross slope greater than 2.0%. While the manual collection by hand (dots) does not show the same consistency. The manual collection also missed areas where the cross slope is greater than 2.0% . ..,._._.GJST..S.
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GIS Viewers
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Using Surface Profilers with Geographical Information System (GIS) is a cost-effective solution to inventory and map ADA barriers within pedestrian infrastructures. For those who do not have access to GIS software, a browser-based GIS viewer is also accessible from a dedicated webpage. Just like Google maps, the GIS viewer can pan across or zoom into a jurisdiction's map, turn on and off layers to identify barrier types for different pedestrian features, and view collected data and analysis on a dedicated web page from any computer. jurisdiction's map, turn on and off layers to identify
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barrier types for different pedestrian features, and view collected data and analysis on a dedicated web page from any computer. The ability to have documents updated regularly with real-time information on compliance facilitates barrier removal and easy access from a website improves data input as projects are programmed and funding is secured, allowing regular measuring of progress.
The ability to have documents updated regularly with real-time information on compliance facilitates barrier removal and easy access from a website improves data input as projects are programmed and funding is secured, allowing regular measuring of progress.
Prioritize Barriers
To prioritize barriers, layers of information are created and laid on top of each other. A variety of location characteristics, such as socio-economic data, transit routes and stops, arterial classifications, housing and employment density and others, are integrated into GIS. Heavily used pedestrian facilities are assigned a higher activity score, which would determine their priority for upgrades.
User-friendly interfaces also allow adjustment to weights based on stakeholder input and different scenarios to validate the scoring strategy based on the severity of each individual barrier. Knowing the prioritization scores allows fitting the scope of work to existing budgets.
Generate Reports
The sidewalk inventory data is used to generate reports at the push of a button. • The report can be generated by street with scope and cost summaries. • Alternative work orders can be generated to identify a particular type of barrier across the entire inventory.
• Annual update reports provide governing bodies with a dashboard on the utilization of public funds.
• Reports identify barriers within the limits of work of a Capital Improvement Project ensuring inclusion in the final scope and budget.
•
Update in the Field . As projects are completed , or new ones appear in the field, they can be added or annotated in the field through handheld devices. ADA codes and guidelines are automatically incorporated and analyzed and are updated as they change.
Benefits
A detailed inventory of pedestrian infrastructure meets the basic requirement of the law and also =:;:= - ~ >K
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ADA Accessibility Consulting Services and Experience
Self-Evaluations
SSA provides a comprehensive review of an organization's policies and procedures, with recommendations for improving program access for those with disabilities. SSA can also train staff to evaluate on their own. Barriers to ADA compliance are pinpointed so that they can be addressed to achieve compliance. These include not only physical access at facilities, programs, and events, but also employment policy, training, emergency management and grievance policy management.
Transition Plans
The Transition Plan contains ADA surveys of all public facilities, identifying any structural modifications necessary for the removal of barriers to program accessibility. SSA has more than thirty-six years of experience developing ADA Transition Plans for over 100 public and private entities; we also work with Cities, such as St. Louis, MO, where we trained staff to conduct rightsof-way surveys.
Physical Access Compliance Survey/ Paths of Travel
SSA's Paths of Travel surveys provide a comprehensive, detailed physical survey, including full documentation, evaluation reports, and proposed alternative cost-saving solutions.
ADA Workshops and Training
Our experienced CASp professionals have provided training of staff on ADA surveying, design, disability awareness, and ADA sensitivity. SSA delivers programs and activities that minimize exposure to complaints and grievances. We can provide workshops about the new ADA Accessibility Guidelines and how the new 2010 requirements differ from the California Accessibility Standards.
Guidelines, Standards and Specifications
SSA has prepared a variety of guidance documents that cover all accessibility issues and requirements that must be considered for project designs. Standards and checklists set a framework of code compliance expectations that can b ,_.11.1-~ talil •
Sally Swanson Architects was solely responsible for the development of a Transition Plan for the County of Mendocino ... SSA demonstrated a high degree of professionalism ...
Unambiguous advice and effectual guidance is typical for this firm. They provided the County of Mendocino with a product that assists the division of Building and Grounds in the identification and removal of architectural barriers within given budgetary and time constraints. We would readily work with SSA again and recommend their services. - Tim Garrison, Manager, Buildings and Grounds
County of Mendocino, General Services Department
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Architectural Services
Planning and Pre-Design Services
• Facilities Assessments
• Programming
• Site Planning
• Master Planning
• Pre-Bond Planning and support services
• Budget development
• Schedule development
Regulatory Agency Interface
• Office of Public School Construction (OPSC)
• CA Community College System Office (CCCSO)
• Division of the State Architect (DSA)
Architectural Design Services
• Architectural Design
• Historic Preservation
• DSA Plan Check Approval
• Project Phasing
Construction Administration Services
• Bidding Assistance
• Addenda Management
Project Delivery Models
• Lease-Lease Back
• Design-Build
• Multi-Prime
• Agency Construction Management
Sustainable Design Services
• Sustainable Design
• LEED® Certification
• CHPS Certification
• Rebate Assessments
• Energy Audits & Grants
• Cost Analysis
Access Consulting Services
• Access Surveys
• Basic Disability Awareness Training
• Technical Plan Review & Inspection Training
• ADA Transition Plan & Self Evaluation
• Accessibility Master Planning
• Complaints, Grievances & Litigation Support
Mission College
Santa Rosa Junior College
Santa Rosa Junior College
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City of Porterville
ADA Self-Evaluation and Transition Plan
Client Contact:
Javier Sanchez Engineering and Program Management
Director, City of Porterville
291 N. Main Street, Porterville, CA 93257
Phone: (559) 782-7462, Email: [email protected] Services: ADA Surveys: Facilities, Parks, Parking Lots, Streets, Intersections and Sidewalks; Self-Evaluation: Policies, Programs and Services; Public Outreach, Database, Staff Training, Transition Plan •
Type of Project: ADA Self-Evaluation and Transition Plan Date of Project: November 2023 - Present
Project Value: $196,500
Key SSA Staff:
Sally Swanson, Principal-in-Charge/Project Manager,
Scott Saddlemire, CASp, ADA Facilities Specialist,
Deniz Tu ran, Ph.D. Database Specialist,
Tina Dorius, Esq. ADA Policy Specialist,
Tony Mu, Technical/Surveyor
Project Description:
Sally Swanson Architects, Inc. (SSA) was engaged by the City of Porterville to compile and implement a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for City programs, policies, facilities, parks, parking lots, streets, intersections and sidewalks. The scope of work also includes Public Outreach, Database, and Staff Training.
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-_ _ r?.,,}~.Q~ N-~~,?-~t~,A't(dH,i~-~}i~J it(~l:IQt~? 1 fi~P~~~£:§fll~N£~ ,] . - --- - ~ -~- - .--~ --- ~ - --=~- City of Winters
ADA Self-Evaluation and Transition Plan
Client Contact:
Eric Lucero, Director of Operations & Maintenance
City of Winters Public Works Department
318 First Street
City of Winters, CA 95694
[email protected]
530.795.4910 #115
Services: Certified Access Specialist (CASp); Assessment of programs, services and activities; surveys of physical barriers in City buildings, parks, and public rights-of-way (PROW) ; Public Outreach, GIS and Staff Trainings
Location: Winters, California
Type of Project: ADA Accessibility Compliance
Date of Project: December 2023 - May 2024 (in progress) Project Value: $87,445
Key SSA Staff:
Sally Swanson, Principal-in-Charge and Project Manager
Don Salts, CASp, ADA Facilities Specialist
Tina Dori us, Esq., ADA Policy Specialist
Dr. Deniz Tu ran, PhD., GIS and Database Specialist
Tony Mu, Technical and PROW Surveyor
Project Description:
The City of Winters selected Sally Swanson Architects, Inc. (SSA) to update the City's 2018 Transition Plan Update. A new and comprehensive Transition Plan update was prompted as the City had acquired new property, built and opened new facilities and needed to ensure that City facilities are accessible to the public.
SSA is evaluating the City's current ADA Transition Plan, conducting inspections of City buildings, parks, public street rights-of-way (curb cuts), identifying improvements required throughout the City in order to comply with ADA standards and will complete a comprehensive update to the existing Transition Plan. A public meeting will be scheduled to assess the public's concerns and community outreach will be conducted to resources and organizations serving persons with disabilities. SSA Certified Access Specialists are included as part of the dedicated and specialized in-house project team.
The ADA Transition Plan Update is scheduled to be completed by May 2024.
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City of Santa Barbara
Accessibility Reviews
Client Contact: Brian D'Amour, PE
City Engineer
City of Santa Barbara, Public Works
Phone: (805) 897-2661;
Email: [email protected]
Project Description:
Sally Swanson Architects, Inc. (SSA) was contracted by the City of Santa Barbara to provide accessibility reviews at eight existing City facilities. For each facility the accessibility review included an evaluation of the paths of travel throughout the exterior and interior portions of the property and adjacent public right-of-way, including but not limited to parking spaces, ramps, stairs, public spaces, restrooms, signage, employee workspaces.The accessibility reviews checked for compliance against the Architectural Barriers Act, Americans with Disabilities Act (ADA), and the California Building Code Standards. The eight priority locations included:
• City Hall (including City Hall Annex)
• Central Library
• Eastside Library
• Cabrillo Pavilion (includes the East Beach Bath House) • Community Development / Public Works (630Garden Street) • Westside Community Center
• Mackenzie Park (including Lawn Bowls)
• Alice Keck Park Memorial Gardens
While the City's Self-Evaluation and ADA Transition Plan was completed in 1992, and an ADA Transition Plan Update Report conducted in 2007 that included the Police Station, the Police Station was not part of this current scope of work to revisit eight (8) facilities.
Location: Santa Barbara, CA
Type of Project: ADA Accessibility Reviews
Services: Evaluation of Paths of Travel exterior/ interior of select City properties
.,,
Key SSA Staff: Sally Swanson, AIA, Principal-in-Charge/ Project Manager
Date of Project: July 2023 - December 2023
Project Value: $107,000
Scott Saddlemire, CASp,
ADA Facilities Specialist
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San Mateo County Harbor District
ADA Transition Plan
Client Contact: John Moren
Director of Operations
San Mateo County Harbor Di'strict
504 Avenue Alhambra, 2nd Floor
P.O. Box 1449
El Granada, CA 94018
650-583-4400
[email protected]
Contracting Agency: San Mateo County Harbor District
Project Description:
SSA provided ADA Transition Plan Services for the San Mateo County Harbor District (SMCHD). Locations included the Pillar Point Harbor/Admin Office on Half Moon Bay and the Oyster Point Marina. SSA conducted an evaluation of all relevant public facilities, including research, field data collection and data analysis.
Date of Project: 2016-2017
Key SSA Staff: Sally Swa_nson, Principal-in-Charge
Project Value: $160,140
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City of Los Banos Project Team
The SSA team represents necessary professional and technical disciplines for tasks required to conduct the City of Los Banos's Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan.
Quality Assurance
+ Quality Control
Scott Saddlemire, CASp
GIS and Database
Specialist
Dr. Deniz Turan, PhD
City of Los Banos
I
Project Administrator
Sally Swanson, AIA
Tech nica I/Surveyor
Tony Mu
I
Facilities Specialist
Don Salts, CASp
ADA Policy Specialist
Tina Dorius, Esq.
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Roles and Responsibilities
The City of Los Banos ADA Self-Evaluation and Transition Plan project will be managed by Sally Swanson, AIA, Project Administrator who will provide project leadership as the main point of contact with the City.
Quality Assurance and Quality Control will be led by Scott Saddlemire, CASp, ICC who will provide a hands-on approach to the project, complemented by his expertise, understanding and capabilities garnered from his thirty-year portfolio of related ADA Self-Evaluation and Transition Plan projects.
Don Salts, CASp is dedicated to conduct the comprehensive survey and reports for City of Los Banos parking lots, facilities, parks and building exteriors including adjacent public rights-of-way. Mr. Salts has over 15 years of experience as a Certified Access Specialist specializing in ADA facility surveys and building exterior public rights-of-way. His participation lends incomparable support and accountability to the collection and reporting of facility data.
Dr. Deniz Turan, Ph.D. is responsible for the incorporation of City of Los Banos data /GIS into the Rightsof-Way Report.
Tina Dorius; Esq. As an attorney specializing in issues of ADA access compliance, Ms. Dorius has extensive experience in the public sector working with the population of those with disabilities. She is the dedicated ADA Pol icy Specialist and Public Outreach Specialist/Trainer for the tenure of the City of Los Banos project.
Regarding Project Staffing
Per the City of Los Banos RFP, Sally Swanson Architects, Inc. (SSA) attests that it will "submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the consultant's originally proposed personnel and project organization, as depicted on the proposed consultant's organization chart or the consultant's cost proposals.
The substitute personnel shall have the same job classification as set forth herein or in the consultant's Cost Proposal, not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City".
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Project and Management Approach
Sally Swanson Architects, Inc. (SSA) understands that the City of Los Banos Scope of Work will be performed according to the terms outlined in the Request for Proposals (RFP) and, in particular, Exhibit E - Sample Contract Agreement.
SSA staff proposed for the City of Los Banos Americans with Disabilities (ADA) Self-Evaluation and Transition Plan project are committed to fulfill the responsibilities of their position, throughout the project term.
Approach
The best projects are collaborations.
The City of Los Banos Scope of Services as outlined in the Request for Proposals (RFP) is quite clear and SSA will meet or exceed all requirements of the contract. The project approach is flexible and will be tailored precisely to fit the City's needs and resources.
Critical Elements
Following are the elements and benefits of the City's manageable and living ADA Self-Evalu?tion and Transition Plan document. The Access Compliance Assessment Survey will provide the City with:
• A list of existing accessibility barriers describing each barrier and recommendation of a removal solution
• A preliminary cost estimate for removal of each barrier • A priority assigned to each barrier
• A schedule for barrier removal
• Designation of a person responsible for barrier removal • The ability to "check-off" mitigated barriers
• The ability to easily demonstrate steps taken toward removal of all barriers to access.
1. Self-Evaluation
Thorough Review of the Existing Documentation
SSA will identify and obtain all necessary documents and materials to conduct the audit process and survey. SSA will review existing City documentation, departmental and facility rules and regulations, planning documents and any other written policy documentation provided by the City and identified as relevant by SSA. SSA will assist the City in identifying the documents and materials needed for review.
GIS Data Support
SSA will provide GIS data support to the City of Los Banos, including the inventory and mapping of barriers.
Provide Self-Evaluation Strategy
SSA will assist the City of Los Banos in developing the tools and procedures needed to conduct a SelfEvaluation and implement recommendations in accordance with the guidelines and requirements of the Americans with Disabilities Act (ADA).
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Self-Evaluation Report
SSA will compile and finalize the Self-Evaluation Report as tasked by the City of Los Banos
2. Provide City Staff Training
SSA will conduct a Training Workshop with designated City Staff on maintaining and updating the ADA Transition Plan Update (at the City's discretion, this will be conducted via virtual conference technology).
This will be an educational experience for City staff.
a. On-line Training on Applicable Government Code, Statutes and Regulations, Inspection, Report, Database, Mapping, and Monitoring
Training shall be conducted to include, but not limited to:
• Review Federal and/or State accessibility Government codes, statutes and regulations; • Performing field investigations and inspections;
• Preparation of ADA Compliance Assessment Reports;
• Using and maintaining the database;
• Using and maintaining the project map;
• Monitoring and updating the ADA Self-Evaluation and Transition Plan.
SSA will provide the materials required to conduct the Training Workshop.
3. Conduct Facility Survey & Barrier Assessment
Public Right-of-Way (PROW)
Prior to performing the physical survey of City Right-of-Way, SSA will prepare a rating system for the non-compliant items to facilitate identifying and cataloging the type and severity of distress to be used in data collection, which will be approved by the City prior to beginning the survey. a. Inventory Review
SSA's Accessibility Surveyors will collect the required information for the City Right-of-Way throughout the City. A data collection checklist, based on ADA and DOT requirements as well as PROWAG recommendations, will be pre-programmed into handheld data collectors. Using traditional measuring and smart-level equipment, Accessibility Surveyors will enter data directly into the data collectors. b. Physical Surveys of City PROW
SSA will use handheld computers to input measurements in the field and identify the precise geographic location of the pedestrian features. Data collection, data validation, and linking to location and digital photo files will happen automatically as the Accessibility Surveyors enter data and move from SALLY SWANSON ARCHITECTS. INC
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point to point. The Accessibility Surveyors will access the data entry and validation forms and aerial photography along with right-of-way, utility, topographic, or other feature data sets pre-loaded on the data collectors for easy reference in the field. This is very important as the logistics for the day's work will be identified on the map to keep the project on schedule and to minimize the possibility of missing an important feature in the field.
c. Draft Public Right-of-Way Access Compliance Assessment Reports Once review of the field data is complete; SSA will originate the Draft Physical Survey Reports/ Access Compliance Assessment Reports (ACAR) identifying each physical element within the public areas of City facilities that constitutes a code violation or otherwise hinders or prevents access to persons with disabilities.
Each ACAR will include, but is not limited to the following:
• Executive summary;
• As-built dimensions as it relates to ADA and other relevant code/guideline access; • Barrier Severity Rating (relative level of impact to access); • Prioritization & Severity Rating;
• Reference to code defining the barrier to access;
• Proposed solution(s) to eliminate the barrier;
• Individual conceptual cost estimate for each solution; • Digital photograph(s) of each barrier to access;
• Reference drawing/map showing the location of the barrier. d. Final Public Right-of-Way Access Compliance Assessment Reports Once the collected field data is verified by SSA, then SSA will produce the Final Physical Survey Reports / Access Compliance Assessment Reports (ACAR).
Parking Lots, Buildings and Park Facilities
Prior to performing the physical survey of City parking lots, buildings and park facilities SSA will review the inventory, previous studies, and planned capital improvement projects that may modify existing facilities and parks. SSA will review the complete City inventory to confirm which facilities/parks provide public access and are not required to be surveyed. SSA will review each parking lot, facility and park in detail to determine what area of the parking lots, facilities and parks are subject to public accommodation and are required to be surveyed, and which areas are not considered public accommodations and are not required to be surveyed.
a. Inventory Review
SSA will work with City staff, including City's legal counsel and/or Risk Management staff when appropriate, to determine if City-owned parking lots, facilities and parks are required to be covered under the Physical Survey Task and the Transition Plan. This determination will be made prior to performing physical surveys.
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Upon completion of the inventory review, SSA will deliver a final facility/parks inventory before beginning subsequent physical survey. b. Building Diagrams
SSA's site and facility reports will include schematic site and floor plans (provided to SSA by the City) on
8.5" x 11" sheets to facilitate locating barriers identified in the ADA Transition Plan. These key drawings correspond to items in the ADA Transition Plan.
c. Physical Surveys of City Parking Lots, Buildings and Parks SSA will conduct surveys of all City parking lots, buildings and parks on the inventory list to identify and locate all physical barriers to access. SSA will be responsible for determining and identifying the applicable accessibility standards and codes under which features will be measured and confirm the standards and codes with the City prior to performing the surveys.
SSA will determine specific features to be surveyed as required and as applicable under the accessibility standards and codes. Field surveys of parking lots, buildings and parks (including interiors, accessible parking, passenger drop-off and loading zones, pedestrian pathways, restrooms, etc.) will include the collection and precise documentation of field data for accessibility elements at each site identified in the scope of work.
Field survey assessments will be done in the most unobtrusive manner possible to afford the least disruption to the City's business. SSA field survey staff will use the applicable current code standards; the updated 2010 regulations of Title II of the ADA, the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and the 2019 edition of the California Code of Regulations/Title 24 and as applicable, the California Building Code (CBC). Elements required to be accessible and covered by the surveys will include the following:
Site Exterior: Survey will include exterior path of travel from/to the nearest site entrance point from/ to the public right-of-way; accessible parking spaces; passenger drop-off and loading zones; walks and sidewalks; curb ramps; other ramps; way-finding signage; exterior elevators, lifts and where paths of travel from public transit or public parking serve the facility.
Interior: Survey will include all interior areas accessible to and by the general public (and select employee areas where there may be an opportunity to develop program alternatives and options for value engineering); entrances and exits; interior paths of travel; lobbies; public counters; seated waiting areas; public telephones (including TTY); drinking fountains; elevators; platform lifts; doors and gates; access to and through all rooms and spaces; corridors, hallways and vestibules; restrooms; room identification signs; areas of rescue assistance; assembly areas; assistive listening systems; and alarms. d. Draft Public Buildings/Parks Access Compliance Assessment Reports SALLY SWANSON ~ ARCHITECTS, INC ~.l
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Once review of the field data is complete; SSA will originate the Draft Physical Survey Reports/ Access Compliance Assessment Reports (ACAR) identifying each physical element within the public areas of City parking lots, buildings and parks that constitutes a code violation or otherwise hinders or prevents access to persons with disabilities.
Each ACAR will include, but is not limited to the following:
• Executive summary;
• As-built dimensions as it relates to ADA and other relevant code/guideline access; • Barrier Severity Rating (relative level of impact to access); • Prioritization & Severity Rating;
• Reference to code defining the barrier to access;
• Proposed solution(s) to eliminate the barrier;
• Individual conceptual cost estimate for each solution; • Digital photograph(s) of each barrier to access;
• Reference drawing/map showing the location of the barrier. e. Final Public Buildings/Parks Access Compliance Assessment Reports Once the collected field data is verified by SSA, then SSA will produce the Final Physical Survey Reports / Access Compliance Assessment Reports (ACAR).
4. Transition Plan
Evaluation of Policies, Programs and Practices
SSA will evaluate municipal codes, master plans, programs, City contract language, and activities for compliance with ADA and California accessibility requirements.
SSA will thoroughly review City policies, programs (including but not limited to recreation programs), and practices in order to identify issues which may be discriminatory to people with disabilities. The review will include City policy documents that affect the public. This evaluation will evaluate current level of program accessibility, including eligibility requirements, participation requirements, facilities used, staffing, transportation, communication, emergency procedures and grievance procedures for accessibility.
Selecting Key Personnel Including Orientation Meeting
SSA will coordinate with designated key City staff to orient staff with the Self-Evaluation process, including type of information that will be requested in staff surveys and how the information will be used for the Self-Evaluation. SSA will assist the City in identifying what staff/departments shall be considered as key staff to coordinate with.
SSA meets with designated key City staff via virtual conference technology (at the City's discretion) to orient staff on the Self-Evaluation process, including types of information that will be requested in staff surveys and how the information will be used for the Self-Evaluation.
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SSA assists the City in identifying what staff /departments will be considered as key staff to attend the meeting.
SSA administers a staff survey to evaluate the level of program accessibility within each City department.
Once the surveys are complete, SSA reviews information provided, then identifies, requests and reviews any additional information that may be helpful in the evaluation of City-wide and program-specific policies, practices and procedures.
If needed, SSA may conduct brief phone or in-person interviews with survey respondents to discuss initial findings and follow-up with additional questions, if necessary.
Finally, SSA drafts a report and recommendations for the City to review.
Following City review, discussion and integration of public comment, SSA prepares a final survey document.
SSA understands that some survey respondents may not have in-depth knowledge of the ADA and accessibility concepts, and that some cities may have heightened sensitivity to this process. SSA ensures that, throughout the entire survey process, SSA is available to answer any questions, and work closely with the City to ensure maximum comfort and security with the process and results.
Example of Information Elicited and Reviewed
For example, SSA's program access specialist reviews existing policies, procedures and practices pertaining to the City's programs - both on-site and on line - to ensure effective communication with members of the public, particularly individuals with disabilities. These recommendations and best practices will cover the appropriate types of auxiliary aids or services necessary to ensure effective communication with individuals with disabilities and will identify the most effective methods of:
• making aurally-delivered information available to individuals who are deaf or hard-of-hearing • making visually-delivered materials available to individuals who are blind or have low vision d. Staff Surveys Including Questionnaires
SSA will administer a staff survey to evaluate the level of program accessibility within each City department. SSA will be responsible to determine the format and contents of the survey in order to conduct a complete and comprehensive Self-Evaluation, however, it is anticipated that the staff survey will consider such information as e~igibility requirements, participation requirements, and facilities used, staff training, transportation, communications, notifications, public meetings, use of contracted services, purchasing, maintenance of accessible features, and emergency procedures.
SSA will submit a draft of the survey for City review, allow for comments, and then prepare final survey documents.
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SSA will present draft survey questionnaires and record feedback from the City Team. SSA will plan and facilitate review meetings via virtual conference technology (at the City's discretion) with the City staff as required to ensure their familiarity with the draft survey questionnaires under the plan and address any questions or comments in a timely manner.
SSA will incorporate all comments and prepare final survey documents. SSA will be fully responsible for distributing and collecting the survey and results; City will only provide administrative support on an as-needed basis upon request. SSA will notify the City if there is no responsiveness or delays in receiving surveys from City staff. SSA will also discuss with each staff member their responses to the survey questions.
e. Draft Programmatic Survey Reports
SSA will present draft Programmatic survey reports and record feedback from the City team. SSA will plan and facilitate review meetings via virtual conference technology with the City staff as required to assure their familiarity with the draft reports developed under the plan and address any questions or comments in a timely manner.
f. Final Programmatic Survey Reports
SSA will incorporate all Comments and Prepare Final Programmatic Survey Reports.
Draft ADA Self-Evaluation and Transition Plan per Title II of the ADA SSA will identify any programmatic solutions to remove an existing barrier by providing equivalent facilitation in lieu of making physical alterations.
SSA will work with City staff to prioritize removal of architectural barriers at each building/park. SSA will consider past and current City planning activities to incorporate the activities into the Transition Plan.
SSA will develop the Draft Self-Evaluation including questionnaire responses, grievance procedure and work plan.
SSA will develop the Draft Transition Plan including priorities, schedule, funding, standard drawings and implementation.
SSA will present the Draft ADA Transition Plan and record feedback from the City team. SSA will plan and facilitate review meetings in person or via virtual c.onference technology (at the City's discretion) with the City staff as required to assure their familiarity with the draft ADA Transition Plan developed under the plan and address any questions or comments in a timely manner.
Final ADA Self-Evaluation and Transition Plan per Title II of the ADA SSA will incorporate all changes and develop the final ADA Transition Plan including Executive Summary.
5. Project Database and Mapping Setup
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Project Database
At the City's discretion, once review of the field data is complete, SSA's technical staff will handle the important task of data entry.
a. Draft Monitoring Survey Database in Excel or City Approved Software b. Final Monitoring Survey Database in Excel or City Approved Software SSA has developed excellent computer-based tools, which provide a variety of accessibility functions.
SSA's BlueDAG (Facilities) FileMaker (PROW) databases are relational database programs that assemble, organize and maintain field survey data; maintain records of as-built conditions (actual measurements), code requirements (required measurements), conceptual cost estimates, and recommendations for solutions for the removal of non-compliant access barriers. The programs will also generate the access compliance survey report.
The BlueDAG (Facilities) FileMaker (PROW} databases will list the identified barriers in a report format that cites all deviations from applicable accessibility requirements contained in the 1991 (revised in 1994) Americans with Disabilities Act Accessibility Guidelines and 2010 Americans with Disabilities Act Accessibility Standards and the International Building Code, as well as California Building Code 2019.
The format will allow sorting of recorded information by location, type, severity, category, cost of identified barriers, etc.
This flexible tool can be easily modified to handle specific client requests and sorting functions; for example, listing the associated costs of updating non-compliant hardware at building entrances within a particular facility. All building and parks data is exportable and compatible with a variety of formats including Microsoft Excel (*.xis}, Access (*.dbf} and Adobe Acrobat (*.pdf}. The database may also be integrated with the City's Facilities Database Management/GIS suite using the same item descriptors.
Mapping
GIS will play a pivotal role in this project from data acquisition (organizing the data points generated during the survey} to creating a mapping interface for asset management, compliance monitoring and prioritizing improvements.
a. Draft City-Wide PROW GIS Reference Map
b. Final City-Wide PROW GIS Reference Map
The GIS process will result in a mapping interface that documents non-standard data points (code compliance deviations} related to City-wide Public Right-of-Way: sidewalks and curb ramps, as well as locations of pedestrian signals, paths and parking lots and exterior pedestrian elements serving the facilities, public buildings and parks. The resulting post-processed data will be posted to the project GIS geodatabase and made available for data analysis and prioritization. The resulting data can be viewed in the final City-wide reference map.
The City-wide reference map includes the data validation tools used in the project GIS and will create a
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platform from which the City staff can analyze and retrieve information on barriers in the public rightof-way, identifying corrective measures on where to make repairs to the Public Right-of-Way: sidewalks, curb ramps and other pedestrian features associated with public buildings and parks. SSA will customize the data elements and analysis reports to facilitate the integration of the data into the City's GIS.
The maps will fully show distinct points for each identified barrier to access. The GIS data will graphically display the physical barrier, and include associated data about the barrier from the Transition Plan such as description, cost to remove, year of removal under the Transition Plan, etc.
The inventory database and GIS mapping will be submitted as a draft for City review and comment, and comments will be incorporated into the final version. The GIS maps will be completed in Excel in 11" x 17" format compiled in a binder.
6. Community Engagement
SSA will assist the City of Los Banos in hosting public outreach events, and soliciting input from stakeholders, per ADA §35.lS0(d)(l) during the development of the transition plan :
" ... A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations presenting individuals with disabilities, to participate in the development of the transition plan"
a. Administration Including Presentation, Agenda, Materials & Minutes Public Outreach Meeting Contingency Plan
While social distancing and sheltering in place have been the new normal, public vetting of the SelfEvaluation and Transition Plan is still required by law. Even if the world returns to 'normal' anytime soon, it's likely that communities of people with disabilities may not want to attend in-person gatherings because they may be more susceptible to ongoing health issues.
In order to help the City to meet its legal obligations for public vetting of this Transition Plan, Sally Swanson Architects, Inc. (SSA) proposes the following Virtual Town Hall Contingency Plan that can be implemented at the City's discretion. The City may prefer in-person gatherings and SSA will comply with the City's directive.
SSA will host in-person or "virtual" Town Halls along with online surveys that can be noticed to the public through the City's marketing channels (e.g., websites, newsletters, email blasts).
Virtual Town Hall
• Set up virtual town hall meetings via Zoom Webinar (Microsoft Teams, or technology of the City's choice).
• Anyone who wishes to participate will need to register (for security, to ensure participants can access, and to support subsequent follow-up if needed). • Zoom/Teams Town Hall meetings will feature ASL and live captioning provided by the City.
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• The City and SSA will co-facilitate the Town Halls, presenting an overview of Transition Plan findings and offering an opportunity for public comment. • SSA will moderate participation to ensure all questions are addressed, and all who wish to have an opportunity to comment are invited to do so.
• During Zoom Town Halls, participants will be invited to use video conference features such as:
o Raise hands (to make comments or ask questions).
o Chat box (to make comments or ask questions).
oQ&A.
• Meetings will be recorded and made available for later viewing, if the City wishes. • Anyone who is unable to attend may submit a public comment via email, in writing, or by phone. • Meeting organizers document all comments made by participants Surveys
• SSA will develop a post-town halls survey to be sent out to participants after town halls, if the City wishes.
Pre-Town Hall Outreach
• SSA will assist the City in reaching out to community members via its marketing channels to inform the public of upcoming Town Halls. • SSA will assist the City in reaching out to interested local community organizations, partners and affiliates.
• The City will provide a link to register for the Town Halls, as well as a link to the Transition Plan for public review.
Share the Results
• Create short reports with the data, results and input from the online surveys and virtual Town Halls input.
• Share reports with the public.
• Thank community members for their participation and ensure that their feedback will be part of the final reports.
b. Public Outreach In-person or Online Meeting
SSA will conduct a Public Outreach In-person or On-Line Meeting that fulfills the City's directive regarding a virtual meeting format, or in-person meeting at the City's discretion. c. Attend One (1) City Council Meeting
At the request of the City, SSA will attend a City Council Members Meeting (in-person or via virtual conference technology at the City's discretion).
7. Project Management
Upon award of the contract, Sally Swanson Architects, Inc. (SSA) will begin planning, coordinating and
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scheduling a Project kick-off. Many project components discussed here regarding contacts, project schedule and communications will be agreed upon prior to an official project kick-off via email and phone conversations. SSA will manage its team including other administrative functions and overall Project activities consistent with the direction from the City of Los Banos in order to meet the Project schedule and budget during the course of services.
Sally Swanson Architects, Inc. (SSA) plans to attend at least four meetings with City staff, including an initial kick-off meeting; interim progress meetings shall be at approximately 50%, 75%, and 90% completion. SSA will also attend and present the ADA Transition Plan to the City of Los Banos City Council members at a separate public meeting.
SSA will attend a kick-off meeting with the City to confirm the scope of work before advancing Tasks.
SSA will identify all materials required to furnish a self-evaluation and transition plan and coordinate with key City personnel, and other stakeholders, as required. SSA will coordinate involvement of various stakeholders to include appropriate City staff, disability advocacy groups, and the general public throughout the process.
SSA will coordinate with the City, other government agencies and other affected parties as required throughout the duration of the Project. The SSA Project Team will arrange to meet via virtual conference technology, at the City's discretion, with the City staff and other appropriate stakeholders to review, refine, and finalize the scope of work, programmatic evaluations, and completion schedules, as well as project communications, final deliverables and overall project strategies and goals.
Project Schedule
SSA will use Microsoft Project to develop schedules including critical tasks. SSA will prepare, monitor, and update progress schedule beginning at the kickoff meeting and ending at the City's acceptance of the final report for the Project. Schedule will indicate significant milestones, targeted completion dates and the critical path for the Project. SSA will notify the City if there are delays in any phase or Task of the Project. In such cases, SSA will make up the schedule in subsequent Tasks of the Project. The schedule will be maintained and kept updated at all times and will be updated each time progress and milestones are changed. In addition, the progress schedule will be updated no less frequently than after each task is complete.
Invoicing
SSA will submit monthly invoice payments with a progress report summarizing partially or completed scope of work for processing. Any administrative time spent on invoicing shall be consumed by SSA's overhead and not billed separately.
QA/QC
Concurrent with the compilation of the report, all drawings and data will be reviewed and doublechecked for accuracy and viability. The ADAAG, ADAS and the California Building Code cited will be verified and the barrier location examined to ensure accuracy and the highest quality report.
SSA will QA/QC all materials prior to submittal to the City of Los Banos. QA/QC shall be budgeted for and invoiced under each respective Task.
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Final note on SSA's Proposed Approach: The strength of any prospective approach is in the structure it provides. SSA's process has proven to be immensely successful, but "one size may not fit all". By this we mean we will tailor the specifics to serve the needs and resources of the City of Los Banos and its stakeholders, whether that means adapting the schedule to allow for unforeseen local circumstances, incorporating technical consulting, or fine-tuning ways to communicate the process with all concerned.
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SALLY SWANSON, AIA Number of Years with SSA: 44 years
Principal-in-Charge/ Project Administrator
Firm Name: Sally Swanson Architects, Inc.
License: Architect, CA, 1982, #C12746
Education: M.A. in Urban Design & Planning, Columbia University; Environmental Studies, University of Washington; B.A. in Architecture, University of Illinois
Experience: Ms. Swanson, Principal of Sally Swanson Architects, Inc. has 45 years of experience in architecture, planning and accessible design and has managed her own award-winning firm since 1980.
Ms. Swanson and her team have provided Transition Plans, Self-Evaluations, cost estimates, preliminary plans, and design and construction documents to help various public clients achieve compliance with Federal and California standards.
Universal Design (UD) as practiced by Sally Swanson Architects, Inc. informs Global wayfinding solutions and creates public environments that are enjoyable, easy to use, and work for everyone at any age with or without a disability. The Global Wayfinding principles that relate to spatial planning include:
key decision points, identity cues, prioritization of signage, nodes/hub standards and detectable keys to circulation. Over the years, Ms. Swanson has introduced special tools and a process that is timetested, successful and contains scoping and technical requirements for accessibility to site, facilities, and buildings, with emphasis on providing full and equal access to all. These Global principles and guidelines promote better "access" to transit and public spaces for all users by improving practicality, comfort and feelings of inclusiveness. Ms. Swanson utilizes standards and Transit UD guidelines that she wrote as a member of the American Public Transportation Association (APTA) Urban Design Working Group to identify challenges that people with sensory and/or mobility impairments experience traveling to, riding and getting from transit. A Recommended Practice is an Action Plan developed by Ms. Swanson to implement Universal Design (UD) principles and concepts. Ms. Swanson's process moves one successfully through a space without doubt, uncertainty or frustration. Ms. Swanson embraces assistive technologies that create solutions for transit environments and other public places.
As a Paralympics Reporter accredited by the United States Olympic Committee, she has participated in developing accessibility standards from the Sochi 2014 Winter Paralympic Games, the Rio 2016 Summer Paralympic Games, the PyeongChang 2018 Winter Paralympic Games, the 2020 Tokyo Summer Olympics and Paralympics Games, to the Beijing 2022 Paralympic Winter Games. Ms. Swanson is also a member of the Transportation Research Board (TRB) Subcommittee on Art and Design Excellence in Transportation. Through her pioneering vision, Ms. Swanson shows it is possible to significantly increase the level of accessibility for everyone including the elderly population and persons with disabilities.
ADA Project Experience:
Cities: Porterville, Winters, Mariposa, Madera, Oakley, Woodland, Richmond, Alameda, Los Angeles, San Francisco, Chowchilla, Bellflower, Danville, Emeryville, Lincoln, Lemoore, Monterey, Orinda, Rancho Cordova, Sanger, San Carlos, Santa Ana, San Marcos, Santa Clara, Solana Beach, Sunnyvale, Tulare, Turlock, and Vernon CA; Rio Rancho and Santa Fe, NM; Bend, OR; Mesa, AZ; Burlington, VT Counties: San Bernardino, Sacramento, Mendocino, CA, Humboldt, Kings, Kern, Marin, Mendocino, Placer, San Mateo, Santa Barbara, Sonoma, Stanislaus and San Luis Obispo, CA; Brown County, WI, and St. Louis County, MO
Special Districts and Transit: Santa Clara Valley Open Space Authority, Golden Gate Bridge Highway
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and Transportation District, California Department of Transportation (CalTrans); Bay Area Rapid Transit (BART); Kings County Association of Governments; Greater Vancouver Transportation Authority; CDCR, Marin Municipal Water District, San Mateo County Harbor District Higher Education: Kern County Community College District, Sonoma County Junior College District, Cerritos CCD, University of California Davis, San Diego CCD, Mt. San Antonio CCD, San Mateo CCD, Solano CCD, Contra Costa CCD, Desert CCD, Los Angeles CCD, West Valley CCD, Sonoma State University, Eastern Washington University, Monterey Peninsula Community College, San Francisco Community College, San Jose Community College
Sutter Health Facilities: Antioch, Berkeley, Oakland, Sacramento, San Leandro, San Mateo, Santa Rosa and Vallejo, CA
References
ARCHITEC;r'~ • - SWANSON, SALLY ANN
LICENSE NUMBER: C 12746
LICENSE TYPE: ARCHITECT
LICENSE STATUS; CURRENT (l)
EXPIRATION DATE: OCTOBER 31, 2025
SECONDARY STATUS: N/A
CITY: SAN FRANCISCO
STATE: CALIFORNIA
COUNTY: SAN FRANCISCO
ZIP: 94134
San Mateo County Harbor District
ADA Transition Plan
University of California, Los Angeles
Americans with Disability Act (ADA) Transition Plan
Client Contact: Client Contact: Phiroze R. Titina John Moren Director of Operations
San Mateo County Harbor District
504 Avenue Alhambra, 2nd Floor
P.O. Box 1449
El Granada, CA 94018
650-583-4400
[email protected]
City of Santa Barbara
Accessibility Reviews
Client Contact: Brian D'Amour, PE
City Engineer
City of Santa Barbara, Public Works
(805} 897-2661;
[email protected]
Principal Project Manager Design
Phone: 310.206.9532
Email: [email protected] .edu
Sacramento County Department of Airports
Americans with Disabilities Act (ADA} SelfAssessment and Transition Plan Client Contact: Chris Martin
Airport Manager - Facilities
Department of Airports
(916} 874-0650
[email protected]
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Scott Saddlemire, CASp
Quality Assurance + Quality Control
Years Experience: 30
Number of Years with SSA: 3
Education: Four-year apprenticeship through IBEW/NECA
Certifications: Division State Architect Project Inspector Cert #5893, Certified Access Specialist (CASp) Cert #677, Lead Certified Access Specialist for Superior Construction Services
Experience: Mr. Saddlemire is a Certified Access Specialist (CASp) with Sally Swanson Architects, Inc. (SSA).
Mr. Saddlemire's responsibilities include comprehensive Quality Assurance and Quality Control management of Americans with Disabilities Act (ADA) projects where his role includes developing and producing detailed reports. He serves as a very hands-on Quality Assurance and Quality Control Specialist.
Mr. Saddlemire has managed and worked extensively on all types of accessibility compliance projects ensuring that clients are meeting the Americans with Disabilities Act (ADA) Title II, U.S. Architectural and Transportation Barriers Compliance Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way, Federal ADA Accessibility Guidelines and Standards (ADAAG & ADAS), CCR Titles 19 and 24, Code of Federal Regulations (CFR) 28, Part 35 of the ADA, CFR 49, Part 27 of the 1973 Rehabilitation Act and other relevant access obligations.
Mr. Saddlemire develops and implements ADA Self-Assessment and Transition Plan reports from start to finish: a comprehensive process which begins by working closely with the project stakeholders, listening well, and devising a strategy that will best meet the expectations and needs of each client.
ADA Project Experience:
Cities: Madera, Yorba Linda, Montebello and Rialto, CA
Counties: Sonoma, CA
Higher Education: Solano Community College District
References
City of Porterville
ADA Self-Evaluation and Transition Plan
Client Contact:
Javier Sanchez
City of Santa Barbara
Accessibility Reviews
Client Contact: Brian D'Amour, PE
City Engineer
Engineering and Program Management
Director, City of Porterville
291 N. Main Street, Porterville, CA 93257
Phone: (559) 782-7462,
City of Santa Barbara, Public Works
(805) 897-2661;
[email protected]
Email: [email protected]. us
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- - - - - .
Dons Salts, CASp
Facilities Specialist
Firm Name: Sally Swanson Architects, Inc.
Education:
Years Experience: 35+
Number of Years with SSA: 1
Butte College, Oroville Ca-Building Inspection Technology; Diablo Valley College -Associate's Degree, Building Inspection Technology; State of California Berkeley - Resident Engineers Academy Certifications & Licenses:
Certified Access Specialist (CASp) issued by DSA #669
Building Inspector, ICC,Electrical Inspector, ICC, Plans Examiner, ICC, Mechanical Inspector, ICC,Plumbing Inspector, ICC, Combination Inspector, ICC Experience: Mr. Salts joined SSA in 2023 bringing an extensive background in Code Enforcement, Interpretation, and Construction Inspection. As a CASp Inspector he has performed Accessibility Assessments for dozens of clients throughout California in accordance with ADA, California Building Code and CRASCA Standards. Mr. Salts has a broad array of project management skills, is detail-oriented and a fast learner who understands the importance of keeping schedule and budget on track.
With a 32-year history as a Building Official and Deputy Director of Public Works he offers a valuable perspective from the client's point of view.
In addition, Mr. Salts has been a Professor of Construction Technology, having taught several different disciplines of construction including Building Code, Mechanical Code, Plumbing Code, Construction Process both residential and commercial, and Plan Review including Accessibility Requirements under the California Building Codes.
ADA Project Experience:
Cities: Winters, CA, Los Angeles, CA
Counties: Sacramento, CA
Types of Facilities Surveyed: Pools, Parks, Playgrounds, Nature Trails, Golf Corses, Theaters, Schools, Evacuation Shelters, Retail, Office Buildings, Historic Buildings, Stadiums, Restaurants.
References
Sacramento County Department of Airports
Americans with Disabilities Act (ADA) SelfAssessment and Transition Plan Client Contact: Chris Martin
Airport Manager - Facilities
Department of Airports
(916) 874-0650
[email protected]
City of Winters
ADA Self-Evaluation and Transition Plan
Client Contact:
Eric Lucero, Director of Operations & Maintenance
City of Winters Public Works Department
[email protected]
530. 795.4910 #115
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Tina L. Dorius Esq.
ADA Policy Specialist
Firm Name: Sally Swanson Architects, Inc.
Years Experience: 10
Number of Years with SSA: 2
Licenses and Certifications: State Bar of Alabama (admitted 2012), Partners in Policy-making Alabama (2022), ADA National Network (2022) Education: Doctor of Jurisprudence, University of Alabama School of Law; Master of Science Criminal Justice, Troy University; Bachelor of Arts English, University of Oklahoma
Project Experience: Tina Dori us joined SSA in 2022 as a licensed attorney, who has spent the majority of her career working in the public sector, primarily in colleges and universities at the administrative level. The population where Ms. Dorius has served often included disabled adults and ensuring that all of the buildings where their programs were housed were ADA accessible. Most recently, Ms. Dori us was part of Partners in Policy-making Alabama, where part of her training in advocacy included being trained on the ADA and how to monitor and report compliance issues.
Among the strengths Ms. Dorius brings to her position as ADA Policy Specialist and Trainer, is a straightforward and informed approach to each project, and an inquisitive mind that leads to smart solutions.
Ms. Dori us continuously assesses and improves policies and procedures through her development of flowcharts, forms, policies, and procedures, as well as checklists. She is a top trainer on the ADA, FMLA, EEO and how to conduct investigations.
Cities: City of Madera Self-Evaluation, Document and Policy Review and Public Outreach; City of Montebello Self-Evaluation and Public Outreach; City of Madera Self-Evaluation, Document and Policy Review and Public Outreach; Porterville, CA; Winters, CA.
Counties: Sacramento County Department of Airports ADA Self-Assesssment and Transition Plan, County of Mariposa, CA.
Higher Education: Solano Community College Self-Evaluation and Public Outreach References
County of Sacramento
Self-Evaluation and ADA Transition Plan
Client Contact : Bill Irving, PE
City of Winters
Associate Civil Engineer
4111 Branch Center Road,
Sacramento, CA 95827
(916) 874-7640
[email protected]
ADA Self-Evaluation and Transition Plan
Client Contact: Eric Lucero
Director of Operations & Maintenance
Public Works Department
318 First Street
City of Winters, CA 95694
[email protected]
530.795.4910 #115
City of Porterville
ADA Self-Evaluation and Transition Plan
Client Contact:
Javier Sanchez Engineering and Program Management
Director, City of Porterville
291 N. Main Street, Porterville, CA 93257
Phone: (559} 782-7462, Email: [email protected]
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Dr. Deniz Turan, Ph. D.
GIS and Database Specialist
Firm Name: Sally Swanson Architects, Inc.
Years Experience: 11
Number of Years with SSA: 2
Licenses and Certifications: Geographic Information Systems Specialization Coursera 2019
Education: Ph.D., Hydrology from Rutgers University
M.Sc., Hydrogeology from Middle East Technical University B.S., Geological Engineering from Middle East Technical University ADA Project Experience: Dr. Turan has been utilizing GIS services since her undergraduate years. On every project Ms. Turan was assigned on her path to achieving a Ph.D. in Hydrology as well as her work beyond university, Ms. Turan found it increasingly helpful to present her findings on a GIS-based map with an embedded interactive database including every detailed element of information belonging to that project.
Dr. Turan's day-to-day responsibilities at SSA include managing a team of surveyors to ensure timely and accurate delivery of technical reports, and assigning and supervising report tasks among the team members. Her expertise encompasses detailed Quality Assurance /Quality Control review and finalization of technical reports before submission to clients.
Public Sector Experience:
Cities: City of Porterville, City of Winters, City of Montebello ADA Transition Plan, City of Madera ADA Transition Plan, City of Rialto Transition Plan
Counties: Sacramento County Department of Airports ADA Self-Assesssment and Transition Plan, County of Merced ADA Transition Plan, County of Sonoma ADA Transition Plan, County of Mariposa ADA Transition Plan
References
County of Sacramento
Self-Evaluation and ADA Transition Plan
Client Contact: Bill Irving, PE
City of Winters
Associate Civil Engineer
4111 Branch Center Road,
Sacramento, CA 95827
(916) 874-7640
[email protected]
ADA Self-Evaluation and Transition Plan
Client Contact: Eric Lucero
Director of Operations & Maintenance
Public Works Department
318 First Street
City of Winters, CA 95694
[email protected]
530.795.4910 #115
City of Porterville
ADA Self-Evaluation and Transition Plan
Client Contact:
Javier Sanchez Engineering and Program Management
Director, City of Porterville
291 N. Main Street, Porterville, CA 93257
Phone: (559) 782-7462, Email: [email protected]
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TONG MU (TONY)
Technical/Surveyor
Firm Name: Sally Swanson Architects, Inc.
Years Experience: 10
Number of Years with SSA: 6
Education: Academy of Art University San Francisco, CA, M.F.A in Interior Arch & Design; Beijing Institute of Technology Beijing, China, B.A. in Interior Design
Experience: Tony is an experienced access surveyor specializing in Public Right-of-Way (PROW) working with SSA in this capacity for the past seven years.
Tony is also a professional and passionate interior designer with great research and creative skills to resolve issues that will lead to a quality interior environment. As an experienced CAD drafter, he understands the functionality needs of the client should be balanced with aesthetic desires to create a purposeful layout while showcasing high end design.
Tony's expertise spans the range of Access Survey, Revit, AutoCAD, In Design, Graphic Design, Illustrator, 3DMAX, 20/20 Design, Rendering, and Photoshop, Furniture Systems and Specifications, FF&E, Photography and Sketching.
ADA Project Experience:
Cities: Porterville, Rialto, Winters, Madera, Montebello, CA Counties: Sacramento County ADA Self-Evalutation and Transition Plan, Sacramento County Department of Airports ADA Self-Assesssment and Transition Plan, Sonoma County Transition Plan
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University of California, Berkeley
ADA Self-Evaluation and Transition Plan
Client Contact: Ben Perez,
Deputy Director of Community
200 California Hall - MC 1500,
Berkeley, CA 94720-1500
Phone: (510) 643-6456
Email: [email protected]
Project Description:
SSA was selected to work with the University of California, Berkeley to conduct an ADA Self-Evaluation and Transition Plan. The scope of work included the assessment of a
specified selection of University-owned/leased facilities and the public rights-of-way as well as the assessment of the University's programs, services and activities.
Date of Project: November 2019 - April 2022
Key SSA Staff: Sally Swanson, Principal-in-Charge
Project Value: $775,000
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University of California, Los Angeles
Americans with Disability Act (ADA) Transition Plan
Client Contact: Phiroze R. Titina
University of California, Los Angeles
Principal Project Manager Design and
Construction
Phone: 310.206.9532
Email: [email protected]
Project Description:
Sally Swanson Architects, Inc. (SSA) is engaged by the University of California, Los Angeles to conduct a Campus-wide ADA Transition Plan. Campus facilities and PROW are part of the defined Scope of Work. UCLA's Campus-wide ADA access ~ ~•• • compliance project approach is flexible and is tailored precisely by SSA to fit UCLA's needs and resources.
The Access Compliance Assessment Survey will provide
UCLA with:
• A list of existing accessibility barriers describing each barrier and recommendation of a removal solution
• A preliminary cost estimate for removal of each barrier • A priority assigned to each barrier
• A schedule for barrier removal
• Designation of a person responsible for barrier removal • The ability to "check-off" mitigated barriers
• The ability to easily demonstrate steps taken toward
removal of all barriers to access.
UCLA's Scope of Work requires a long-term tenure that
includes dedicated SSA Certified Access Specialists
(CASp), hands-on project management and exceptional
communication.
Location: Los Angeles, CA
Type of Project: ADA Transition Plan
Services: Accessibility Consulting Services
Key SSA Staff: Sally Swanson,
Principal-in-Charge+ Project Manager
Date of Project: 2021- On-going
Project Value: $330,000
SALLY SWANSON
ARCHITECTS, INC II
196
City of Alameda Fire Station No.4
Dormitory Conversion Project
Client Contact: Jack Dybas, AIA, LEED AP
Senior Project Manager
City of Alameda Public Works
950 West Mall Square
Alameda, CA 94501
T 510-747 7948
[email protected]
Contracting Agency: City of Alameda
Project Description: SSA is providing an architectural
design service to the City of Alameda Fire station No. 4 to convert the existing dormitory sleeping units from 7 open plan sleeping units into 7 private bedroom spaces.
The project scope includes the following tasks:
• Demolition of the existing pony walls and curtains
that currently separate the 7 sleeping units.
• Built new full height solid wall which extend 6"
above the new ceiling with insultation in the wall
and above the new ceiling for sound improvement
between each private room.
• Implement new HVAC system into each private
room to provide supply and return air float for room
ventilation.
• Implement a new electrical system into each private
room to provide softer lighting, electrical outlets on
all walls, and new conduit for future needs.
• Provide low voltage review to supply specific needs
in each private room to accommodate future
• "Locution" Systems including automated alert station with speaker and/or overhead lighting and blank outlet/stations.
• Replace existing VCT floor tiles and base with new.
• Provide new doors in each private room with locks on doors for privacy concern. • Provide new storage cabinets to replace the existing storage cabinet removed at the 2nd exit door in the dormitory unit.
• Provide accessible doorbell at building entrance, and accessible water bottle refilling station to replace the existing non-compliant drinking fountain.
Date of Project: Oct 3rd, 2022 - Present
Key SSA Staff: Sally Swanson, Principal-in-Charge
Kathleen Wong, Project Architect
Alice Chang, Job Captain
Project Value: $120,000
Sub-Consultants: John Chou
H&M Mechanical Group
510.569.200
8517 Earhart Rd# 230,
Oakland, CA 94621
Gerald Gonzales
BELDEN Consulting Engineer
4457 Willow Rd., Suite 100
Pleasanton, CA, 94588
925.621.5300
SALLY SWANSON ~ ARCHITECTS. INC rll
197
County of Sacramento
Self-Evaluation and ADA Transition Plan
Client Contact: Bill Irving, PE
Associate Civil Engineer
4111 Branch Center Road,
Sacramento, CA 95827
(916) 874-7640
[email protected]
Contracting Agency: Sacramento County
Project Description:
Sally Swanson Architects, Inc. (SSA) conducted a
county wide ADA Self-Evaluation and Transition Plan
of the Unincorporated County services, programs, and
facilities, including the street right-of-way accessibility.
The general scope of work included various county
programs, services and assets used for diverse public
purposes, including but not limited to: assessing 170
public facilities that includes public buildings, parks, parking lots; 1,000 bus stops; approximately 3300
miles of sidewalk, 14,500 street intersections; and,
county-maintained websites. The county also provides
and/or supports numerous public programs, services
and special public events. More than 50 county
departments are subject to accessibility compliance
assessment.
SSA's scope also required working with the
Sacramento County Department of Transportation
(SacDOT) to conduct a new and comprehensive
Self-Evaluation and an update of the Sac DOT ADA
Transition Plan to develop the county's policies,
practices, and to identify pedestrian accessibility
improvements within the public street right-of-way in
the unincorporated county.
Date of Project: 2017 - 2020
Project Value: $1,722,058
Key SSA Staff: Sally Swanson,
Principal-in-Charge
Chris Sircello, CASp,
Facilities Specialist
SALLY SWANSON ~ ARCHIHCTS INC ~J
198
Sacramento County Department of Airports
Americans with Disabilities Act (ADA) Self-Assessment and Transition Plan Client Contact: Chris Martin
Airport Manager - Facilities
Sacramento County Department of Airports
(916) 874-0650
[email protected]
Services: ADA Access compliance
Location: Sacramento, CA
Type of Project: ADA Self-Assessment and Transition Plan Date of Project: May 2023 - May 2028 (five-year contract term) Project Value: $685,640
Key SSA Staff:
Sally Swanson, AIA, Principal-in-Charge and Project Manager Chris Sircello, CASp, ADA Facilities Specialist
Dr. Deniz Turan, Ph.D. GIS / Database Specialist
Tina Dorius, Esq. ADA Policy Specialist
Project Description:
Sally Swanson Architects, Inc. was selected by the Sacramento County Department of Airports (SCDA) to conduct a department-wide ADA Self-Assessment and Transition Plan (SATP) of Department services, programs, and facilities, including access to the public right-of-way, public transportation vehicles, wayfinding systems, websites, and information and communication technology. This entire effort is in accordance with all ADA related titles and regulations, including the Rehabilitation Act of 1973, California Building Code, the California Manual of Uniform Traffic Control Devices, and other relevant state and local codes or standards that may be more stringent than the ADA guidelines.
The project scope of work includes the following: Review of various Department facilities, programs, services, and assets used for public and non-public purposes, including but not limited to terminals and concourses, cargo buildings, rental car buildings, parking lots, bus stops, street intersections and sidewalks, Department maintained websites, signs and digital displays located throughout the airports within the County Airport System.
As defined by the Sacramento County Department of Airports, the initial term of this Agreement is for five (5) years with one (1) option to extend the term for five (S) years, for a possible total term of ten (10) years.
SALLY SWANSON ~ ARCHITECTS. INC ~l
199
City of Mesa, AZ
ADA Self-Evaluation and Barrier Survey Report for Transportation Facilities Client Contact: Andrea Alicoate, P.E.,
Assistant to the City Manager,
Engineering Department
Phone:480-644-5034
[email protected]
Contracting Agency: City of Meza, Arizona
Project Description:
SSA provided consulting services to prepare an ADA SelfEvaluation and Barrier Report for Transportation Facilities for the City of Mesa. The ADA Self-Evaluation and Barrier Survey project included an "Action Plan" which would provide guidance to the City on a phasing approach for surveying and evaluating all the appropriate facilities along the City's arterial (236 centerline miles) and collector (164 centerline miles) roadways. Field surveys and data collection conducted within the City of Mesa right-of-way limits and at all the ADA facilities along the roadways including, but not limited to: intersections, curb ramps, sidewalks, traffic signals, bus stops, shared use paths, and links to transit.
The data collected from the survey was prioritized according to the criteria found in the City Prioritization Plan and inventoried in a GIS format approved by the City. In addition, the prioritization schedule was used to score results from the data survey to assist with future implementation by priority.
SSA also provided a report defining those facilities that do not meet ADA compliance including a general outline of an Implementation Process, methods to achieve compliance,
associated costs, and durations for achieving implementation.
Date of Project: April 2018 - June 2019
Key SSA Staff: Sally Swanson, Principal-in-Charge
Project Value: $600,000
.,
• • ··1· J •~ I~ -- - =- - --- F
1 \ .,1 I ~ !IHI I ~ • • , ~
L, - I ,. • ,·> ~-
SALLY SWANSON 0 ARCHITECTS INC ~l
200
CONFLICT OF INTEREST STATEMENT
Per the RFP requirements, Sally Swanson Architects, Inc. (SSA) attests that it has no prior, existing or future contractual relationship on any City of Los Banos project related to this solicitation.
SSA agrees to disclose throughout the project term (if awarded the contract) if any other services are provided to any client on any City project listed in this solicitation.
In addition to disclosures, SSA will also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
SSA ensures that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If SSA discovers a conflict during the execution of an assigned task order, SSA will immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by SSA to notify the City Contract Administrator may be grounds for termination of the contract.
SALLY SWANSON
ARCHITECTS, INC.
201
Since its founding, Sally Swanson Architects, Inc. (SSA) has not had any litigation with regard to conducting any aspect of its projects including project mangement services.
SALLY SWANSON
ARCHITECTS INC
202
Contract Agreement
Sally Swanson Architects, Inc. {SSA) attests that it takes no exception to and suggests no needed changes to the proposed contract agreement that is included with the RFP as Exhibit E.
Sally Swanson Architects, Inc. {SSA) affirms that the proposal terms will remain in effect for ninety (90) days following the date proposal submissions are due (April 25, 2024).
SALLY SWANSON
ARCHITECTS, INC.
203
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204
TO:
FROM:
DATE:
LOsBanos
\ t ll1r , , " , d o a Ii {m n w
Agenda Staff Report
Mayor and City Council Members
Ivan Mendez, Police Sergeant
July 17, 2024
SUBJECT: California for All Animals Grant Award
TYPE OF REPORT: Consent Agenda
Recommendation:
Approve the acceptance of a one year UC Davis Koret Shelter Medicine Grant in connection with California for All Animals, in the amount of $80,000 for Fiscal Year 2024-2025 and approve an increase in City expenditures and revenues in the amount of $80,000 for the Fiscal Year 2024-2025.
Discussion:
In December of 2022, the Police Department applied for and was awarded a $50,000 grant from UC Davis Koret Shelter Medicine in connection with California for All Animals. In May of 2024, UC Davis Koret Shelter Medicine contacted The Police Department and offered to renew the original grant (agreement). The Police Department applied and respectfully requested an increase in the amount for a total of $80,000.
The purpose of the grant program is to address the imbalance between the demands on California animal shelters and their capacity to care for animals in need, by providing financial resources, community outreach, and partnership opportunities with the goal of keeping animals healthy and cared for. UC Davis Koret Shelter Medicine group works alongside agencies to create environments that factor in every dimension of well-being to place animals in homes as quickly as possible.
205
With the gracious contribution provided by UC Davis Koret Shelter Medicine in connection with California for All Animals Program, the Los Banos Animal Shelters goal is to enhance the well-being and health of the animals at our shelter, while also assisting the residents of Los Banos with valuable resources associated with their pets.
ITEM
Spay/Neuter Program
General Supplies & Vet
Services
PROPOSED BUDGET/ITEMIZED LIST
(ITEMIZED BUDGET MAY VARY)
DESCRIPTION
Surqical procedures
Pet care supplies, medical supplies,
services.
& veterinary
Community Events Microchip/rabies/adoption events, educational material The budget for this grant, including account numbers are as follows:
Revenues:
Other Grants:
Expenditures:
Spay/Neuter Program
General Materials and Supplies
Overtime
Fiscal Impact:
100-000-339-010
100-429-160-273
100-429-160-267
100-429-160-103
$80,000
$55,000
$20,000
$5,000
AMOUNT
$55,000
$20,000
$5,000
Revenues and Expenditures for the 2024-2025 Fiscal Year will increase in the amount of $80,000.
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
- Resolution
- UC Davis Koret Shelter Medicine Services Agreement
206
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF A $80,000 UC DAVIS KORET
SHELTER MEDICINE GRANT IN CONNECTION
WITH CALIFORNIA FOR ALL ANIMALS
PROGRAM AND AMENDING THE FISCAL YEAR
2024-2025 BUDGET BY INCREASING THE
APPROPRIATION AMOUNT FOR
EXPENDITURES AND REVENUES IN THE
AMOUNT OF $80,000
WHEREAS, enhancing the well-being and health of the animals under the Los Banos Animal Shelter's care is a priority; and
WHEREAS, the Los Banos Police Department has applied for and been awarded an $80,000 grant from UC Davis Koret Shelter Medicine in connection with California For All Animals Program.
WHEREAS, our partnership with UC Davis Koret Shelter Medicine will provide us the opportunities to provide valuable resources and education to the residents of Los Banos;and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the UC Davis Koret Shelter in connection with California For All Animals grant in the amount of $80,000, beginning July 1, 2024 and ending June 6, 2025, providing financial resources, community outreach, and partnership opportunities with the goal of keeping animals healthy and cared for, and increase the appropriation limit for revenues in the amount of $80,000; and expenditures in the amount of $80,000. The budget for this grant, including account numbers is as follows:
Revenues:
Other Grants:
Expenditures:
Spay/Neuter Program
General Materials and Supplies
Overtime
100-000-339-010
100-429-160-273
100-429-160-267
100-429-160-103
$80,000
$55,000
$20,000
$5,000
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member ___ who 207
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
208
E,chibit A-1
Los Banos Animal Shelter
• Orgari~atlon Contact:
o Ivan Mend@z; ivan,mendez@losbano5,org
Updated SOW & Additional Funding
• ~tHd term to 6/6/2025
• Awarding an additional $$0,000
CJ Reii'1f veterin<;1rian salaries. and s:pay/neuttr surge:rie$ "' $60,000 o Surgical supplies ., $1 5,000
,; Community outrei:1.:n :. SS,000
209
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210
UC Davis Purc)laif, Agreenumt # UCDP000049335
Formerly UC Dav.ls Agreement# A 7 J 209
Amend111.ent # 1
FIRS1' AMENDMJ:N-r TO SHELTER SERVICES AGREEMENT
(Los Banos Animal Shelter)
rms FIRST A~ENDMENT is made to the University of California., Davis campus agreement# A71209 between TI-IE REGENTS OF THE UNIVERSITY Of CALIFOR.!i~IA ("Onivel"sn)'~} on bdlalf of its UC Davis Oimpus Scbtllil of Veterinazy Medicioe on behalf of its 1<.oret Shelter Medicine .Program (11Fadlil}-, and LOS BANOS AND,,1AL SHEJ. TBR ("Shelter"). Purchase Order# UCDP000049335 replac05, Purcha!i.-e Agreement# A 712:09'.
The parties to the alxlve-referenccd agreement agrc;c: as follows:
1. ~- The term -0f the agreement sh~H be amended to extend through June 6, :2025. "l':Xhibit A-1 "'. attached hereto and inc.mporatw herein, reflects updated scope.
2. Payment by llpivcrsity: Payment by the Facility is incr~d by $80,000.00. The total not to e,cceedamount for the Agreement sh.all nown::~d $110,000.00.
3. Other Terms. All olher terms an.d conditi ems of the agreement shall remain the :.arne. 1N WITNESS WHEREOF, the parties have executed this amendment on the dates sel forth below.
LOS BANOS ANIMAL SHHLTER
1/7tJ6
By:~--
Print Name: Z HJ-I,./ .4i$1L}i:d
Title: _$/;,l?lrl=AfilT
Date: _ 0 6 -zs--2</
11IE REGENTS OF THE
UNlVERSITY Of CALIFORNL.\
a,;.,,"""'111!'1Wl'I~
Steven Kobayashi~:=.:=.~=~ ..... By: --- • :.~i.z~,.~,,_::r:;.r4.I, Stcvai Koharashi
Associate Director
Procurement & Contracting Service
UCDiivl.s
Date: Jun.e 24, 2024
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212
LOsBanos
TO:
FROM:
DATE:
i\t ti, · C,o u ,ul ()/
Agenda Staff Report
Mayor and City Council Members
Ivan Mendez, Police Sergeant
July 17, 2024
SUBJECT: Animal Shelter Donation Fund
TYPE OF REPORT: Consent Agenda
Recommendation:
J,C,
Amend the Fiscal Year 2024-2025 budget to include $7,540 in donations provided to the Animal Shelter, and approve an increase in City expenditures and revenues in the amount of $7,540 for the Fiscal Year 2024-2025.
Discussion:
In January 2024, staff proactively contacted several individuals and businesses throughout the community seeking donations to assist with general supplies and operations at the Animal Shelter. We have graciously received $7,540. That will be used for general supplies and operations.
Account numbers are as follows:
Revenues:
Contributions & Donations: 100-000-365-010 $7,540
Expenditures:
Special Programs 1 00-429-160-270 $7,540
213
Fiscal Impact:
Revenues and Expenditures for the 2024-2025 Fiscal Year will increase in the amount of $7,540.
Reviewed by:
Vanessa Portillo, Finance Director J
Attachments:
- Resolution
214
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS APPROVING THE USAGE OF
DONATION FUNDING IN THE AMOUNT OF $7,540
AND AMENDING THE FISCAL YEAR 2024-2025
BUDGET BY INCREASING THE APPROPRIATION
AMOUNT FOR EXPENDITURES AND REVENUES IN
THE AMOUNT OF $7,540
WHEREAS, staff has graciously received donations for our animal shelter; and WHEREAS, the sustainability of our animal shelter operations is crucial to the shelter's efficiency; and
WHEREAS, the welfare and care of our shelter animals is a top priority.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the budget amendment and increase the appropriation for revenues in the amount of $7,540; and expenditures in the amount of $7,540.
The budget for this grant, including account numbers is as follows:
Revenues:
Contributions & Donations: 100-000-365-010 $7,540
Expenditures:
Special Programs 100-429-160-270 $7,540
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, 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
LOsBanos
Ji 1111
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/
DATE: July 17, 2024
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Grant Deeds of 4. 764.:t acres south of Pacheco Blvd and north of Pioneer Road for the Future Pioneer Connector and 1.401.± acres at the north east corner of Catherine Hostetler Blvd and Future Pioneer Connector for future Fire Station #4.
Recommendation:
That the City Council of the City of Los Banos adopts the acceptance of Grant Deeds for
4. 764.:t acres south of Pacheco Blvd and north of Pioneer Road for the Future Pioneer Connector and 1.401 .:t acres at the north eastern corner of Catherine Hostetler Blvd and Future Pioneer Connector for future Fire Station #4. The land involved is more sp.ecifically, a portion of Assessor Parcel No. 430-010-035-000. The attached resolution authorizes the City Manager to execute all required documents for this acceptance.
Background:
The Tentative Tract Map No. 2021-01 for Villages V 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 of The Villages V, Large Lot. The Final Map was approved by the City Council of the City of Los Banos on September 6, 2023 and was recorded with the Merced County Recorder's Office on September 26, 2023. In June 2024, Stonecreek South Partners, LP, a California Limited Partnership requested the City of Los Banos accept grant deeds for Parcel C and Parcel H shown in The Villages V, Large Lot Final Map.
217
Discussion:
Stonecreek South Partners, LP, a California Limited Partnership, is granting the City of Los Banos Parcel C and Parcel H shown in The Villages V, Large Lot Final Map. Parcel C consists of 1.401.± acres at the north eastern corner of Catherine Hostetler Blvd and Future Pioneer Connector, more specifically a portion of Assessor Parcel No. 430-010- 035-000, and is being dedicated to the City of Los Banos for the future site of Los Banos Fire Department, Station #4. Parcel H consists of 4. 764.± acres south of Pacheco Blvd and north of Pioneer Road, more specifically a portion of Assessor Parcel No. 430-010-035- 000, and is being dedicated to the City of Los Banos for construction of the Future Pioneer Connector.
Fiscal Impact:
None.
Reviewed by:
Josh
Attachments:
Resolution
Grant Deed Transfer for Parcel C (Copy)
Legal Description - Exhibit A
Grant Deed Transfer for Parcel H (Copy)
Legal Description - Exhibit B
Large Lot Final Map - Exhibit C
Preliminary Change of Ownership Report for Parcel C
Transfer Tax Affidavit for Parcel C
Preliminary Change of Ownership Report for Parcel H
Transfer Tax Affidavit for Parcel H
218
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ACCEPTING GRANT DEEDS FROM LODI DEVELOPMENT, INC., TO THE
CITY OF LOS BANOS FOR THE FUTURE SITE OF THE LOS BANOS FIRE STATION #4 AND FOR THE FUTURE PIONEER CONNECTOR [A Portion of APN 430-010-035-000]
WHEREAS, Lodi Development, Inc., a California Corporation has offered to dedicate by grant deed Parcel C as shown on "The Villages V", Large Lot Final Map consisting of
1.401± acres at the north eastern corner of Catherine Hostetler Blvd and Future Pioneer Connector, more specifically a portion of Assessor Parcel No. 430-010-035-000, for the future site of Los Banos Fire Station #4; and
WHEREAS, Lodi Development, Inc., a California Corporation has offered to dedicate by grant deed Parcel H as shown on "The Villages V, Large Lot Final Map" consisting of
4.764± acres south of Pacheco Blvd and north of Pioneer Road, more specifically a portion of Assessor Parcel No. 430-010-035-000, for the Future Pioneer Connector; and WHEREAS, the City Manager of the City of Los Banos requires authorization to execute all required documents for this dedication acceptance; and NOW THEREFORE, BE IT RESOLVED as follows:
1. the City Council of the City of Los Banos does hereby accept the Grant Deed attached hereto as Exhibit A;
2. the City Council of the City of Los Banos does hereby accept the Grant Deed attached hereto as Exhibit B; and
3. the City Council of the City of Los Banos authorizes the City Manager to execute all required documents including the certificate of acceptance for the acceptance of these dedications.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July, 2024 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
219
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220
RECORDING REQUESTED BY:
MAIL TAX STATEMENT
AND WHEN RECORDED MAIL DOCUMENT TO:
Oty of Los Banos
520 J Street
Los Banos, CA 93635
Exempt from Recording Fees _._u_rs __ u __ a __ n __ t __ to .... ........ Go v __ .__ Co ___ de- Se._cti ___ • o ..... n... 2 __ 7 __ 38=3 _______ ..,__ ____ space Above This une for Recorder's Use only _____ _ A.P.N.: 430-010-035-000 File No.: 5300-LA0024TO (de)
GRANT DEED
The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $
-
[ ] computed on the consideration or full value of property conveyed, OR [ ] computed, on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ X ] City of Los Banos, and
[ X ] Exempt from transfer tax; Reason: R&T Code Section 11922 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
STONECREEK SOUTH PARTNERS, LP, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(s) to CITY OF LOS BANOS, A MUNICIPAL CORPORATION the following described property in the City of Los Banos, County of Merced, State of California:
Parcel One:
Parcel C as shown on that certain map entitled "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", Flied for record September 26, 2023, In Volume 86 of Official Plats, at Pages 28-33, Merced County Official Records.
Parcel Two:
A temporary access easement over Parcels H and I for the benefit of Parcels C through G and J through Las shown on that certain map entitled nTRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP" filed for record September 26, 2023, in Volume 86 of Official Plats, at Pages 28-33, Merced County Official Records until such time Parcels H and I are dedicated to the City as Public Rights-of-Way, Mail Tax Statements To: SAME AS ABOVE
--... --------------------------------------------------------------------------------------------------------------------------- 221
Grant Deed - oontinued
A.P.N.: 430-010-035-000
Dated: 06/10/2024
Stonecreek South Partners, LP,
a cantornia Umlted Partnership
By: Anderson Homes, a
california corporation
Its General Partner
By:
Printed Name: Regina Waldron
Title: ____ V-=-=ic=e-=P....,r=e=s=id=e=n=t __
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF L,A.\ifo(VUC,\., )SS
COUNTY OF ~ M'\ Vievt.tiO )
Date: 06/04/2024
File No.: 5300-LA0024TO ( de)
On J UVlv IO , 2,01, 1 before me, :Q\'\j ~ N . T@O ri5 , Notary Public, personally appeared ~ Pt ~
who proved to me on the basis of ~cto~ idence to be the person~ w~ nam~ are- subscribed to the within in~ ent and acknowledged to me that ~ executed the same in ~ /their authorized capacity~, and that by ~ signature£s? on the Instrument the person~ , or the entity upon behalf of which the person'81 acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. 7hls orei/ for offidal nofilrial seal. ~~ VL-~
222
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Los Banos, County of Merced, State of california, described as follows:
Parcel One:
Parcel C as shown on that certain map entitled "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", Filed for record September 26, 2023, in Volume 86 of Official Plats, at Pages 28-33, Merced County Official Records.
Parcel Two:
A temporary access easement over Parcels H and I for the benefit of Parcels C through G and J through L as shown on that certain map entitled "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP" filed for record September 26, 2023, in Volume 86 of Official Plats, at Pages 28-33, Merced County Official Records until such time Parcels H and I are dedicated to the City as Public Rights-of-Way.
APN: 430-010-035-000 (AFFECTS THIS AND OTHER PROPERTY)
NEW APN: 430-010-059-000 (NOT YET ASSESSED)
First American Title
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224
RECORDING REQUESTED BY:
MAIL TAX STATEMENT
AND WHEN RECORDED MAIL DOCUMENT TO:
City of Los Banos
520 J Street
Los Banos, CA 93635
Exempt from Recording Fees
.....,u_rs_u_a __ n __ t _to ___ Go __ v __ ._Co___. de__.... Secti __..._·o..,. n_2_7 __ 38_3 _______ ...._ ____ 5pace Above This line for Recorder's use Only _____ _ A.P.N.: 430-010-035-000 File No.: 5300-LA002STO ( de)
GRANT DEED
The Undersigned Grantor(s) Declare{s): DOCUMENTARY TRANSFER TAX $0.00; CTTY TRANSFER TAX $0.00; SURVEY MONUMEITT FEE $
-
[ J computed on the 1D11sideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ X ] City of Los Banos, and
[ x ] Exempt from transfer tax; Reason: R& T Code Section 11922 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
STONECREEK SOUTH PARTNERS, LP, A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(s) to CITY OF LOS BANOS, A MUNICIPAL CORPORATION the following described property In the City of Los Banos, County of Merced, State of California:
Parcel One:
Parcel H, as shown on that certain map entitled "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V- LARGE LOT FINAL MAPn, flied for record September 26, 2023, In Vol. 86 of Official Plats, at Pages 28-33, Merced County Official Records.
Reserving therefrom, a temporary access easement for the benef'lt of Parcels C through G and l through Las shown on that certain Map entitled "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", filed for record September 26, 2023, in Vol. 86 of Official Plats, at Pages 28-33, Merced County Official Records until such time Parcel H is dedicated to the City as public rights-of way.
Parcel Two:
A temporary access easement over Parcel I for the benef"d: of Parcels created on that certain Map entitled "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", filed for record September 26, 2023, In Vol. 86 of Official Plats, at Pages 28-33, Merced County Official Records until such time Parcels H and I are dedicated to the City as public rights-of way.
Mail Tax Statements To: SAME AS ABOVE
-· ------------------------------------... -----------------------------------------------------------------------------------·---------- 225
A.P.N.: 430-010-035-000
Dated: 06/10/2024
Stonecreek South Partners, LP,
a califomia Limited Partnership
By: Anderson Homes, a
California corporation
Its General Partner
By: B;C' ~,:"., (j ),,J2t1J..v,.--
Printed Name: Regina Waldron
rltle: ____ Vi_1ce __ P_re_s_id_e_n_t __
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Grant Deed - continued
Date: 06/04/2024
File No.: 5300-LA0025TO (de)
STATE OF )SS -------------
COUNTY OF ~M\ ~to
On , \ l)Y)C, l O , 20 Z. 4 :f2::\I ~ N. \ e,w\On$ , Notary Public, personally appeared who proved to me on the basi of satisfacto!X-,_ evidence to be the person~= name(h'j are-subscribed to the within instrument and acknowledged to me that he/~/t:Aey executed the same in • their authorized capacity~, and that by -his/~ signatureOO on the instrument the persones,, or the entity upon beha of which the person'6r acted, executed the instrument.
I certify under PENAL 1Y OF PERJURY under the laws of the State of c.alifomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. This area for official noti!Jrial seiJl 1b£: Yl-~
226
EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of Los Banos, County of Merced, State of California, described as follows:
PARCEL ONE:
PARCELS D, I AND K, INCLUSIVE, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO: 2021- 01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", FILED FOR RECORD SEPTEMBER 26, 2023, IN VOL. 86 OF OFFICIAL PLATS, AT PAGES 28-33, MERCED COUN1Y OFFICIAL RECORDS.
PARCEL TWO:
A TEMPORARY ACCESS EASEMENT OVER PARCELS H AND I FOR THE BENEFIT OF PARCELS D AND K AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", FILED FOR RECORD SEPTEMBER 26, 2023 IN VOL. 86 OF OFFICIAL PLATS, AT PAGES 28-33, MERCED COUN1Y OFFICIAL RECORDS UNTIL SUCH TIME PARCELS H AND I ARE DEDICATED TO THE cm AS PUBLIC RIGHTS-OF WAY.
APN(S): 430-010-024-000 (PORTION OF PARCEL I),
430-010-026-000 (PORTION OF PARCEL I AND K),
430-010-027-000 (PORTION OF PARCELS D, I AND K),
430-010-035-000 (PORTION OF PARCELS D, I AND K) AND
430-103-004-000 (PORTION OF PARCEL D).
NEW APN(S) NOT YET ASSESSED AS FOLLOWS:
430-010-060-000 AND 430-010-061-000 (PARCEL D)
430-010-065-000 THROUGH 430-010-067-000 (PARCEL I)
430-010-069-000 AND 430-010-070-000 (PARCEL K)
First American Title
227
THIS PAGE IS INTENTIONALLY LEFT BLANK
228
OWNER'S STATEMENT
WE, THE UNDEASJGNEO, 00 HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TITLE 0A IN'rE.REST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP; THAT 'WE-ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PP..OPEAlY; ANO THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF SAID MAP AND SI ISOIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
TIJE 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 AND MAINTAIN, POLES, WIRES, CABLES, PIPES, AND CONDUITS
AND THEIR APPURTENANCES UPON, OVER AND UNDER THE STRIPS OF LAND AS SHOWN ON THIS FINAL MAP DESIGNATED AS •P.U.E." (PUBLIC UTILITY EASEMENT), T REAL PROPERlY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES:
TO THE CITY OF LOS BANOS, IN FEE, PARCELS A AND B FOR PURPOSES OF PUBLIC PARKS AND OPEN SPACE, INCLUDING PUBLIC UTILmES 'STORM OR.I.IN FACILmES, SANITARY SEWER FACILITIES, FENCE
MAINTENANCE AND APPURTENANCES THERETO, FOR THE BENEFIT OF THE PUBLIC, AS SHOWN ON THIS FINAL MAP.
THE UNDERSIGNED HEREBY RESERVES PARCELS C THROUGH L FOR FUTURE DEVELOPMENT.
THE UNDERSIGNED HEREBY RESERVES FOR THE BENEFIT OF THE LOTS CREATED BY THIS MAP,
TEMPORARY ACCESS EASEMENTS OVER LOTS HAND I UNTIL SUCH TIME AS TI-IESE LOTS ARE DEDICATED TO THE CITY AS PUBLIC RIGHTS-OF-WAY.
OWf.tERS:
LCOI DEVELOPMENT, INC, A CALIFORNIA CORPORATION AS DESCRIBED IN DOCUMENT NUMBER 2®3-030443, AS DESCRIBED IN DOCUMENT NUMBERS 2019--006438 AND 2019-006439, AND 22.222% OF PARCEL TWO AS DESCRIBED IN DOCUMENT NUMBER 2003-030442
B'I': ,"l.,(,..,J-- "'J.J. ;;:,i~.a.: DATE
NAME: ,!•.:d,,,./ . i, , _;!,_~<':'-'"':I (PRINTNAME)
I . . ITS .. J!.,."' f,.~::_"'· _ .. , .... ,-1., _____ {TITI.E) ANDERSON HOMES, A CALIFORNIA CORPORATION AS TO 77.77S% OF PARCEL ONE AS DESCRIBED IN DOCUMENT NUMBER2022-012213
. , , /1....(, . ,
:- DATE
NAM E: j ~• ,/·-•1 f -)' ·,-: ..... (PRINTNAME)
ITS ),I,",,· ,:-,,,,-' [TITLE)
LARRY W. ANDERSON AND GEORGEANN M. ANDERSON, TRUSTEES OF THE RESTATED LARRY W.
AIYDEASON AND GEORGEANN M. ANDERSON REVOCABLE FAMlL Y TRUST DATED AUGUST 9, 2004 Ni TO DOCUMENT ~BER 20gcjl21768
Bl": ==<:::-... {AJ"-..:.!!..,_ •--... _.;, lARAY'<!,NDEASON {TRUSTEE) ,,._ -•~ ,.,t ..... '> .(t_,tt:•,,.tu~~..; GeoR~NN M. ANDERSON (TRUSTEE) V t,.f'-.t':!i'- •."<::~ DATE --- -
o':fe· !~1/t' ti~
EXHIBITC
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.8.&M.
WEST PACHECO ROAD
HWY J3 & 152
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CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
AUGUST2023
••i•C=l•M
ENG1NEER1NG
, ,ss Scenic Orive, Su lie A
Modesto. CA 95350
Ph 209.571.1765 odellenglneering.com
PRAIRIE SPRINGS ORIV[
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VICINITY MAP
N.T.S.
CARDOZA ROA(!
PLANNING COMMISSION STATEMENT:
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I, STACY SOUZA ELMS, COMMUNITY&. ECONOMIC DEVELOPMENT DIRECTOR FOR THE CITY OF LOS BANOS, 00 HEREBY STATE THAT 1 HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V • LARGE LOT FINAL MAP", AND THAT THE
SUBDIVJSION IS SUBSTANTIALLY THE SAME AS THAT SHOWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CITY PLANNING COMMISSION ON THE 18TH DAV OF JANUARY, 2022, AND THAT THIS FINAL MAP OF-mACTNO: 2021-01, STONECAEEK .a.T LOS BANOS. THE VILLAGES V • LARGE LOT FINAL MAP", COMPLIES WITH All REQUIREMENTS OF SAID PLANNING COMMISSION.
DATEDTHIS~DAYOF -~·:.,';-'l.ild')}Jf , 2023.
BY,--5.h~<
STAC~f ELMS, C0\1Ml/NITY & ECONOMIC DEVELOPMENT DIRECTOR
CITY OF LOS BANOS
SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY
MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT TIE REQUEST OF STONECAEEK PROPERTIES, IN APRK. OF 2023, I HEREBY STATE
THAT THIS FINAL MAP SLIBSTANTIALL Y CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT All THE MONUMENTS SHOWN HEREON WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED ON OR BEFORE JUNE 30TH, 2024; AND THAT SAID MONUMENTS Will. BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. ~.,. ,2023.
CITY ENGINEER'Sc:....;;,. ST,;.;A.,;,;Tc;:E;,;.; M;..:cEcc. NccT.c... : ____ _ I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF"TRACT NO: 2021-01, STONECREEKATLOS BANOS, THE Vlll.AGES V • LARGE LOT FINAL MAP", AN □ STATE THAT THE
SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PAOVIStONS OF THE CALIFORNIA SUBDIVIS10N MAP ACT AND ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMf'UEO Wl!!::!:
\-'.A, .. \ • OATEDTHIS--'--=-.DAVOF~t)t• ·, t:, .. ,~ , 2023. -~ -----7,-.j,-
BY, • ....:;::,:,L..-..:_ 11-,,=--
SOKNIRORN THAN, R.C.E. 91278
CITY ENGINEER
CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V - LARGE LOT FINAL MAP", AND I AM SATISFIED THAT l'HIS FINAL • MAP IS TECHNICALLY CORRECT. ,
DATED THIS -1i_'.!__ DAV OF ____l~~,~, 2023.
BY: r:.-t,.:.....- ANNE-SOPHIE TRUONG, PLS 8990
ACTING CITY SURVEYOR
CITY CLERK'S STATEMENT:
l, LUCILLE L. MM.LONEE, CITY CLERK OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, DO HEREBY STATE THAT AT THE REGUlAR MEETING OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, STATE OF CALIFORN(A, HELD ON THIS __ DAV OF ___ ~ 2023, THE HEREIN EMBODIED FINAL MAP ENTITLED "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V • LARGE LOT FINAL MAP". WAS APPROVED AND THAT SAID CITY COUNCIL ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE, THE OFFER OF DEDICATION 11\1 EASEMENT OF ALL PUBLIC UTILITY EASEMENTS (P.U.E.J; ACCEPTED THE OFFER OF DEDICATION IN FEE OF PARCELS A AND 8 FOR PUBLIC PARKS AND OPEN SPACE, AS SHOWN ON THIS FINAL MAP.
DATED THIS/'!°':~ DAV OF: 1 ,;{i~--•: .. f 2023.
BY, #u...~•- 'f • J,,~..JI.~,..,__..,..,__ LL)CIU.E L. MALLONEE, CITY CLERK
CITY OF LOS BANOS
COUNTY RECORDER'S STATEMENT
FILED THIS ,Z.i, : •.oAYOF ~;".C;"l'!:,·~~:k. 2023,AT '?;'-WcLOCK.EM.INVOL~ OF OFFICIAL PLATS, AT PAGES ' ·:;~. J...'- AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY. t,, "el. ze; .-~-~-~?/," FEE$q;i~ -'"'-u :) Ccf-1 MATT H. MAV, RECORDER MERCED COUNTY, CALIFORNIA BY, (Fp vi Ass1STANTW uTYRECORDER- /
SHEET 1 OF 6
VOL .w, PAGE '2f
229
NOTARY STATEMENT (OWNER) A NOTARY PUBLIC OR OTHER OFACER COMPLETINCrTfffS- CERTIFICATE VERIFIES OM. Y THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS __f.™CHED, AND NOT THE TRUTHFULNESS, ACCURACY! OR VALIDITY Of_THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTYOF ,;·· ~:/fl_(tr
ON ,s,, , ... ,. Jr. Jr,42. BEFORE ME, Ecih N. Ter::t'.V'tU. ANOTAAYPUBUC, PE~~~:..LYAPPEAREO_ va.~d An·.hv,·. {NAME OF ~s,"'G~NE!,R",1s"'11.,_ _ ______ _
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PEASON(S) WHOSE NAME(S)$,ARE-SUBSCRIBEO TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME lliAT 6Sr9HEffHef EXECUTED THE SAME INf{.l?,IIWEMHEtA-AVTHORIZED CAPACITY(IES), AND THAT BY itfl)fM6RlilEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON IS) ACTED, EXECLn'EO Tl-ff: INSTRUMENT.
I CERTIFY L.tiOER PENALlY Of PERJURY UNDER THE LAI/IS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT.
wtTNESS MV HANO.
tJ , .,1,.., f;,. ,4,../ fl!#,fl,4
, - ,NOTAAYPIJBL\C
PRINT~N~E: ' "'l •t• '~. ::!..~ft,_,·---' ·,"-r,_F __ _ cOMM1ssiONNUMBER: ;i..1r-:,, H
COMMISSION EXPIRES: A1~--' .-..~ M :!"'" 'J.,,
PRINCIPAL OFFICE LOCATION (coUNTY): ~ t\Jl f'.f>1~tr
NOTARY STATEMENT (OWNER}
( DO NOT STAMP)
·AN0tAR'l"PU8UC 00 OTHER OFFICER COMPLETING THISCERllACATE VERIFIES ONLY THE IOENTllY OF THE INOIYIOUAL WHO SIGNEO THE DOCUMENT TO WHICH lH\S CERTIFICATE IS ATTACHED, AND NOT THE TRUTHRJl.tESS. ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFOFINIA
COUNTY OF ( ,u,a~ P:,J, :-tu
ON ~~ Ao~..:..:...:Z..BEFOAEME, f.t")tA..~►~ .. -
PE~~NA~~YAPPEARED _ _ ~.i~~: Au·i!~J--- {NAME OF SIGNEA(S))
A NOTARY PUBUC,
WHO PROVED TO ME ON THE BASIS Of SATISFACTO~Y EVIDENCE TO BE THE PERSON{S) WHOSE ~x~~~~~~~ ~ 1~~~~Nw~:==t:~H~R~Z~~;f~~E~~~~~i;:; BY
SIGNATURE(SJ ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTAUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGR,'.PH IS TRUE AND CORRECT.
WITNESS MV HAND.
' f !_.:_~. ,--~ .,.. ::-"lt .. r~,1 , ,- , NOTAAY PUBUC PRINTNAME: J-:.t ,,.. ~~ """':, .• , .,-. ...
COMMISSION NUMBEA: _~filj ;
COMMISStON EXPIRES: h~_::-, • ( DO NOT STAMP)
PRINCIPAL OFFICE LOCATION (COUNTY}: LV\ ~, .. "½!:
NOTARY STATEMENT (OWNER) -A NOTARY PUBLIC OR OTHER OFACEA COMPLETING THIS CEATrFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE JS ATTACHED, AND NOT THE TRUTHF\JLNESS ACCURACY, OR VALIDITY 9F THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF $w, 1/,v:,tt·
ON ~ ..... _..J 2,,:,'JPJ-2-, BEFORE ME, £!'.'(M, :;.1e,n:;:-r-,4 . A.NOTARY PUBLIC, PE~~;.2:LYAPPEAREO ~ h'i l'J. ~lf,,,l] W ~....-,:,Wi ~- {NAME OF SJGNER(S))
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE ~~-~SUBSCRIBED TO THE WITHIN INS~~MENT AND ACKNOIM..EDGED TO ME THAT ~f~TE~R~~~~;e:l=THAE~~~~t~~tT~=~:~ciN~~ Of
'NHICH THE PEASON(S) ACfED, EXECUTED THE INSlRUMENT.
I CERTIFY UHDE A PENAL lY OF PEfU .. fW UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT.
PAINT NAME: Ll ·•? ; . f-.• ''• I",·,, .:
COMMISSION NUMBER:__M_lJ._!_1_1. __ _
COMMISSION EXPIRES:_A~-~ .... , 2,.•,:24
PRINCIPAL OFFICE LOCATION (COUNTY):~ 1'
, NOT ARY PUBLIC
( DO NOT STAMP)
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
ELL
ENGINEERING
1165 Scenic Driwl, SUite A
ModflstD, CA 95350
Ph 200.571.1765 odel!eogineering.CQm
RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO. 1213
THE PROPERTY DESCRIBED ON THE HEREON SHOWN MAP IS IN THE VICII\IITY OF LAND LmLIZED FOR AGRICULTURAL PURPOSES AND RESIDENTS OF THIS PROPERTY MAY BE
SUBJECT TO INCOOVENIENCE DR DISCOMFORT ARISING FROM THE USE OF AGRICULTURAL
CHEMICALS, INCLUDING BUT NOT LIMITED TO, PESTICIDES AND FERTILIZERS, ANO FROM THE
PURSUIT OF AGRICULTURAL OPERATIONS INCLUDING, BY NOT LIMITED TO, PLOWING, SPRAYING AND BURNING WHICH OCCASIONALLY MAY GENERA.TE DUST. SMOKE, NOISE, AND COOR.
lliE COUNTY OF ~ERCEO HAS ESTABLISHED AGRICULTURE AS fii PRIORITY USE IN
AGRICULTURAL ZONES WHICH ARE OUTSIDE OF AN ESTABLISHED SPECIFIC UABAN OE.VELoPMENT PLAN (SUDP) BOUNDARY, RURAL RESIDENTIAL CENTER (RAC) BOUNDARY.
HIGHWAY INTERCHANGE CENTER (HIC) BOUNDARY, OR AGRICULTURAL SERVICE CEN"TER (A.SC) BOUNDARY, AND RESIDENTS OF PROPERTY Ill THE VICINITY' OF SUCH AGRICUL TURAI..
ZONES SHOULD BE PREPARED TO ACCEPT tJCONYENIENCE OR [){SCOMFOAT FRa.t NORMAL, NECESSARY AGRICULTURAL OPERATIONS.
SHEET 2 OF 6
VOL _iL PAGE 21
230
IP WISRASS CAP r-.-J---:.~.c.' TO SECTION CORNER,
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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., A. 10 E., M.D.B.&M.
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[~1 M.C.R . ~ 1- Sff !:c!:: I REMAINDl:.R_... ~ Pf. I_Ail,._li ~ - PA1C~~tN~l . ~ SHEET 4
!"., 2019-006439. M.C.R . ..... - r ~--------. ~ I NB .. 2'14"1'/ .. , 35'(M) I I IG555""R·11J I ---::" I f -- . -- -- t - -- -~#~ :
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~ PARCEL ONE: : ~~ [ : o u 7 I :
/~ 2022-012213, I [ji ~ , "'~ :e~ I I Ii M.C.R. ·~~~tl?, ":I I NOTES
1. THIS SUBDIVISION CONTAINS A TOTAL OF 70.478 ACRES, MORE OR LESS.
2. ALL DISTANCES SHOWN ARE GRID OISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND CISTANCES.
3. AU. DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
4. DISTANCES AND DIMENSIONS ARE SMOWN IN FEET ANO DECIMALS THEREOF.
5. ALL FOUND MONUMENTS ARE ACCEPTED UM.ESS OTHERWISE NOTE □.
MONUMENT NOTES
• FOUND 3'4. 9PW.IPUSTIC PLUG ·ACE 29651'. UtUSS<JTHERWISE NOTED. @ FOUND 3/4' IRON PIPE W/PLASTIC PlUG •ACE 29851' INWELL PER (A1). lt4LESS OTHERWISE NOTED.
REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
(A-1) VOLUME 79 OF OFFICIAL PLATS, PAGES 26-31 M.C.R.
(R-2) VOLUME 109 OF PARCEL MAPS, PAGES 44-45, M.C.R.
(A-3) VOLUME 28 OF SURVEYS, PAGES 9·12, M.C.R,
(A◄) VOLUME 3 OF SURVEYS, PAGE 20, M.C.A.
(R-5) VOLUME 99 OF PARCEL MAPS, PAGES 9·10, M.C.R.
(A·6) VOLUME 29 OF PARCEL MAPS, PAGE 20, M.C.R.
(R-1J VOLUME 76 OF OFFICIAL PLATS, PAGES 39-41, M.C.R.
(A-BJ VOLUME570F SURVEYS, PAGE 11, M.C.A.
(R-9) VOLUME 28 OF SURVEYS, PAGES 27·29, M.C.R.
(R-10) VESTING DEED DN 2020-021788, M.C.R.
(A-11) VESTING DEED DN 2003-030442 M.C.R.
(R-12) VESTING DEED ON 2022-012213 M.C.R.
(M) MEASURED DISTANCE
(M-81 MONUMENT TO BOt..NOARY LINE
(M-M) MONUMENT TO MONUMENT
OP OFAC1AlPl.ATS
PM PARCEL MAP
M.C.R MERCED COUNTY RECORDS
L I IR-11 &: R-1 21 1 ~ ~ ~ '. _., . (il I BASISOFBEARINGS - W1,.CORNEROFSECTION21 I w o... U r-.. ,· I SfN(ESTA81.JSHEOATMIOPOlffl) I b. ! 0 . _ _ I N89954'39'"E.0EING THE BEARING Of THELINEBETWEENMERCEOCOUNTV ! f Q I GPSSTAHON 1023ANOMEACEDCOONTYGPSSTATtoN 1024 (R-3).
N89"42'l4"W 655.09"(1.f) I I I BEARINGS AND DISTANCES ARE BASEO UPON CALIFORNIA COORrnNATE l I N89 2'1 -W 020.36'IMJ , _ 1655.3"R•1l) f ~i _____ _,__! I SYSTEMZONEIIINAOB3. TOGETGROUNOCNSTANCESMU..TIPLYGAIO 1475A5'(M) (1476.90' A-41 (1-475.94' A-SJ (1475.72' A·9) ~ --..... 1 DISTANCES SHOWN BY 1.0000016.
N89•42'14"W 1788.13'(M) (1786.15' R-5) _V-/ (ii • ...._ ..J (A-#) REFERENCED RECORD DOCUMENT (A) RADIAL BEARING .~
~N ~~~~S~~:□ NOTHING fl~si ~
~I ~~e:;~~~R ,Y, f
29 p M 20 F02"1P. LS2<02,{R~I ...J ....________ .. • ' ., (1-1/4' IP (FH)J -....'V58"J' (R -6J ' st>sR GPS STATION 1024 FD 2~ DISK, RCE 1531 O
r
SW COANER Of SECTION 20 S 114 COAN EA / t FD H/4• JP, COUNTY OF secnoN 20 r SE COANER Of SECTION 20 SURVE"l'OR TAG, (A-2) FD 3W IP, / FD 3" MERCED COUNTY BRASS DISK ®=--N,t~~,{i"'~~~:','1M~,-- l 1•m_:'.'.'.~2~,,-~ "~ •~1 -· - - ~illN ""~oe IR~K•~'..__ -· ___ PIONEER ROAD '=:-.::........ PERIR·3)
S114COANEAOFSECTION21 "- ...._ N.-1838047.646
GPS STATION 1023 N.1838037.727
FD 2" OlSK, RCE 15310 E-6447400.846
PEA(R-3)
~~•~10•~_2670.S4'[M)(A·1)~-5-J __
~~0~:N\s~i~:~~1KA5J "- .... ....________ E.5453911.sss --- --- - - - -- =-"®--- - - N8i0~4'39"E 6510.83°!A-2)(A-3) BASIS OF BEARINGS-- - - --- --yl---- ----~ SHEET 3 OF 6
VOL f 6_ , PAGEjt, _
231
4(R) 7 1 ~13{A) · F03'<"1P, ~I
• / I~ rAa iueO.(A CJ :..,..-r- S29"54'3t"EO . .U
'.• •~- FROMCORNER --~------- ~ t-0"01'14" ------------• ---- £'
s '"
~ I
5 ~ ;..;=-~
ii~
if~ f~ [
;~ ! nN ~
~; g ~
~
l•D.22'(0-M)
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R 1. .. ,92.so•r,.,.,..J<MJ<R-S.Fj.7)
"'
600
-
00 • d•l8•24•10· L-1a2.,1· T,
SO' 'w'IDE ACCESS EASCH£Nl
PER D.N. 2021-050980
FD 3W IP, ACE 29851 r INMOMJMEfffWEll,(R·I) _ -----
i)--·- - -;;Ec!IEEIS
II ~uLE11,._p.o --
$H
~~ ~ ~ ii i' i:ill t I"~~
::lm"
<
0 :::,
::;
a:
w
al
--------
\ ~~ l"'-------- - ~z - ©- - ,o~•·•P,Rce:c.': ~ I ___ "'!.--,--·, 1 R
1 \~ INMCINUMENT @ ·-·- \{ J
(R·1l J CS -•~ -·® .... ~ ~-; h 7(R) ~ \ ..._,._IN 010 ~ ~ " 5 ,;!! PARCEL C IR-5) &
DOC. NO
2019-006438.
M.C.R.
I ~~'°' l h!f.
I
1 . 00!)'1!
ll!w
~- ~ ----. ~;~
172
171
170
~
I 1i ~;;I!;
l!J f1--- • ,~ ~, :t ij ~uJ
@S
i~ _z
169 ;;:; i
-,,;j~ !Tl· ---- -I ~ I J -~ 167 ~ I i! ,~ : ~ ~ffi 8 z .. ~ CJ -i ~~ ii~ ... ~ x..: I~
~~ ~
166 I , I IN89"22. W'W)(A·1,A·51
~ N8s-22'00"W
/
F02"1P LS2402, (R·8) 101.00'{M)(A-1,R-5)
: (1·1/4'1P(R-4U FD314"1P,LS 071(A-5)\ l ,I ~~"E0.18'FROM I.J - - - ---~ Nsa·4214"W 31058(M){N89"◄2'3J"W31021 R-5) •
DETAIL B FROM SHEET 3 i~OT-TO-SCALE.
~ j~
~ .. I n V--3~
LN: AND CURVE TABlESf0Rst£ETS3 l-4 Otl.Y
RADIAL BEAAINGS
S(A) N19"02'01"E
6{R) S22"10'20"W
7(R) N0"36'04"E
8(R) N5"59'31rW
9{R) N3~4S"W
10(A) N4°1729"'W
CURVE•
Cl
C2
C3
"" - cs
CURVE TABLE
AAOIUS DELTA
530,00' 5•53·52·
530.00' 42W53"
530,00' 48454'46•
570.00' 5•3753•
e;-ool 9"'22'36-:-
LENGTH
63.81'
388,65'
452.45'
65.87'
10J.1a
C6 470.00' 45•59'33~ 377.28'
C7 SS0.00' 1°45'3[1" 15.80'
ca 1n.so· 1 •'3ll~ 'Z' 12s.a2·
C9 BOS.SO' 6°3740" 82.94'
--- -- c,o 474.00' ,~ 8.39"
Ct1 I 1186.50' I 0°47'58" I 16.56'
C12 500.oo· I 8-z8'58" I &2.90'
C13 S70.00' I 4"58'tl3" 1 49.42'
LINH
L1
L2
L3
L4
LS
L6
L7
L8
u,
LIO
L11
1-- '"
L13
LINE TABLE
DIRECTION LENGTH
N1 •01 '12"E 68.29'
N1"01'12"E 164.12'
St"Ot'i2"W 233.-41'
-- S77"0-4'38"W 293.H'
N3"29'31"E 60.50'
N3"29"3rE 60.85'
s11°04'38'W 233.14'
N1"02'19"E 52.83'
NS2"31'1l"W 20.6T
NB-51'58"W 1.38'
N82"08'54"E 76.88'
N41923'26"E 30.29' - S8"51'5El"E 41.33'
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 LJI.NDS 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. (N01'01'0D"E52.83)(R-7)
{N52"25'57'W20.68)4R·5)
l~-W1.38KR-5J
(N82-o!'•rE 76.87)(R-5)
(N41"2J'20"E 30.xr}(R-5)
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
AUGUST 2023
••i•i#i••
ENGlNEE-RlNG
1165S.:.-.:Drive.&uite ,.
Moclello,CA~
OOEI..L.fNaltEERINQ..COM
C14 570.00' 3"39'50" 36.45' l14 N0"36'00"E 50.73' (Noo-37'531: 50.47}(A-5)
79.2; I ! c,s 830.00' 5"06'43" 56.21'
~ 630.00' 4"15"53" 46.89'
PARCEL ONE
DOC. NO.
2003-030 44 3, M.C.R.
Lt5 S5"'39'01-W
I
)
~1 PARCEL TWO
DOC. NO.
2003-030443,
M.C.R.
c,_,
::i
,,
9(A) .J I
I
!
NOT APART
..,I
~1 1755 D.R. 141, M.C.R. I
CIO
t0(R)
1 PARCEL TWO
/ DOC. ND. . / 2003-030443. M.C.R.
DETAIL C FROM SHEET 3 NOTTO SCALE
f
&;
~
f
~
f
N
~ 03060 ===--- ~ 120
SCAt.E: 1"•60'
MONUMENT NOTES
FOOND 314' IP W/Pt.ASTIC PLUG 'RCE29851•, UNLESS OTHERWISE NOTED. @ FOUND 314" IRON P1PEW/ PLASTIC PLUG "ACE29B51" IN WELL PER (R1), UNLESS OTHERWISE NOTED.
SHEET 4 OF 6
VOL ft, , PAGE Ji
232
16(R)
i!
~
~
~
~
r
El
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~
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1 PARCEL F 6.6!5 AC
I
N 0~ '-ro Naa•35•oa·E s8,1a·
.,..,. ;:'.r,. N45"59'34•E 77.67' ~o \ RESTRICTED ACCfSS PER 15{RI , :I>:, ------ ✓ ~ 1755 O.R. 141. M.C.R
~
PARCELJ
9.829 AC
'-t ~ 07· • .,,"30"25~
~ 0 ,-,> w~ 2so.0o,
~ ~:;;·';,';. . ~ ! PARCEL E -~- _ z 12(R) 3.:?06 AC ---.,.-,za,-o -===i-=--- 0 75 150 300
SCALE: 1"• 150'
14{Rt _/ ·•.s:0 R-530.00' 2 :C
f ~ r~ ~ • • so.~;~ ;: ::, ' ••••s~7'7o.oo· ·••·IS ..,,.1• o...-- 0 ,: PARCEL, i ." \'1. 111s1 »· ,.sn.
20• 0 ~ so.50'--/\.. 1ll(AJ
: 1.401 AC Ii,- S>o,00 '•<2•o ~O"c'4o )....- 13(R) j;f ' d.. o•s3• L-388 es· ~ -e. V3.\4' ' GIA) y.. # •••••·w L-'5~.••· ' O ,.,,... f o~ l • ::: o~ SEEOETA'-A :q:& .-.. THIS SHEET i ,:' r> 57 R.S. I I
IR-BJ
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1 PARCEL D ji! FO ., •• IP NOT
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/ 'I 313.sa·(M:M) ... :<!L_ ~ r 16,00'{M·t-A)J 7 8 I 35.01 ~:~<,'-~
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~~~ESS EASEMENT D.N. 2021-050980 /"
·- _;::-,iFii ~-~~ -- ®--- - ~\.~~p..~~;/
~;~:;:;-
SEEOETAll.8 fS' "J----=··--- THISSHEET ~ @-~~-
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PARCELS! ., 0 \ I
2,614 SJ. i::::'.::: ___ jj \I
-- .... r.d
~ - ~ Ii:!' ~ 0) • J::
PARCELL
13.398 AC
:1 ~ _J, -.! ~
~ NJ i I~;
\ SEE OETAILC !! ·-::,; a,:' t'
~ 1 520.00'
NB9•42•1◄"W 1786.13'(T)
•. 1 r,017.;~P.\~~t•{A-<!J\THIS;;:~L~i ~ - -: 12:
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10.ais s.r. __ : 1
:;;
;: .. ;;;---;;'.;'-l'j··~'ij'"-.f:V::::... __ ~N;e•~••:2~·1~·w~,~'"~·oo:__ ___ ~~ r - • _ :::-] 1 • 54a.J2· 1 ~ >..-1.- 7 ' 29 p · M · 201 R-61 • -...... , '------ \. I II I ' : L I ( _______ ..lJ !
DETAIL A
~E r------7
TRACT NO: 2021-01
STONECREEKAT 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, ANO THE LANDS DESCRIBED IN
DOCUMENT NUMBER 2020-021788, DOCUMENT NUMBER
2022-012213, DOCUMENT NUMBER 2003·030442 ANO 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 AND CURVE TABLES.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
AUGUST2023
ELL
-ENGlN-EER l NG
11&5Scanlc0rtva,SuuA
t.1odtm,C,-.115l5\l
OOEUENOINEEPJNQ.COM
2, SEE SHEET 3 FOR ABBREVIATIONS, BASIS OF BEARINGS, LEGEND AND REFERENCES.
2. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
3. ALL DISTANCES ARE MEASURED LmLESS OTHERWISE NOTED.
4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET ANO DECIMALS THEREOF.
5. THE TEMPORARY ACCESS EASEMENTS OVER LOTS HAN □ I ARE FOATHE BENEFIT OF THE LOTS CREATED BY THIS MAP UNTIL SUCH T!ME THESE LOTS ARE DEDICATED TO THE CITY AS PUBLIC A/GHTS-OF·WAY.
MONUMENT NOTES
SET 314,· x 24" IRON PIPE W/Pl.ASTIC PLUG "f>t.S n88' FOR UNPAVED AREAS OR 1,17" BRASS DISK STAMPED "Pt.S 77~ FOR CONCRETE AREAS.
• FOUND 314• 1P W/PLASTIC PLUG "RCE 29851". UNLESS OTHERWISE NOTED. @ FOUND 314• IRQN PIPE WI PLASTte PLUG "ACE 29851" IN WELL PER (A1), UNLESS OTHERWISE NOTED. r------------------.------~ - --7 \ "~~NOO.,•oo·e 20J.50'(T)·'-------;.:;:,;f. I 1 at:;; 177.SO'(M-MXM){R-1) Mt.',; -i I - - 4R W~ - I FD3/4"1P, --/II R•777.50' ~®~-W(R) :
I RCE~B51 IN ~®~9~ 0.~gi'{M-M r41.33'1M) ~
1 I MONUMENT WELL, ~ • 2(A) 3(R) \ N8~52'05"W"-
: {R·1) 02011 ~1t •x ~ 41.31-'{R-1) :
I 11RI PAflC~_B ~!.~ ~ _ I :
I ~ g~i -~J\ I I "ts \ g ~ 3 • I I PARCELL ~ FD 314• IP ACE -! g!~ ~ \ I I to 298511N, \ ";~'.:,I I I MONUMENT WELL, a:! <1 ~ I
I ~ fR-1) 1 I .... I ,
l __________ ~ __________ I ~ _J_ __ j
,------------ ------------T--r--• : PARCELL 79 M 26-31 I : I (R-11 _ 1 I O 11000 0 101.00 j i ' I w 1- N .. ' 22'00-W 21 U JO-(T) - :l ~ !.!l • I 8., . \" f::I1::;;; . I ~ ~ PARCEL A ~ g : ; > 1 : ~ ~ 10.aJ6 SJ. >I ½ ~ 1~ ;:: I L--o Nes•ot2'1 "W 11.001 ~ f'l § f N69~4214"W 17861::1 (TJ FD 3/◄" IP, LS 4071 (A-5) ~ ~ I N11•02·s1·Eo.1e· FROM
CORNEA
FD 3/-4" IP, ACE 29851~ 11 , ~~ ~,ONUMENT WELL, ® l
L--------------------------------~
DETAILS
NOTTO SCALE
OETAILC
NOTTO SCALE
SHEET 5 OF 6
VOL i;{_, _ , PAGE jz__
233
- LINE TABLE LINE TABLE I LINE TABLE
LINE. DIRECTION l LENGTH
-
LINE# DIRECTION
~
LENGTH 1 LINE# DIRECTION • LENGTH
'-1--- L1 N52"31'11-W 20.67' l21 N0"38'00'':._ 195.~ .; u, N34"50'3TE I ,j9,60' -- L2 N8°51'58"W 1.38' l22 N9°34'58"W 52.78' I
L3 N82"08'54"E 76.88' L23 N0•t7'-46"E 110.00'
L4 N41"23'26"E 30.29' L24 N0"1746"E 110.00' , ... N40"2T07"E 52.00' -- L5 N0"38'00"E 51,11' l25 N3"02'08-W 52.09' L45 N43"03'16"E 110.00" - -- - - - -- --- L6 N24"46'09'W 67.03' l26 N1"59'-46"W 225.18' L46 N46°56'44"W, 2.37 ---· L7 N66°51'21"W 74,03' l27 N0"05'05"E 50.54' L47 N46°56'44"W 48.82' --- L8 N-46°56'44-W 51.18' L28 N0"30"26"E 50.54" "' N46"56'44"W 51.18' N1"02'19"E T 52.83'
,_____ L9 L29 N0"48'32"E 60.54' "' N66°51'21"W 66.20'
- LIO N3a0
0730"W 41.05' L30 N1 "57'15'E 50.06' L50 N68"48'53"E 69.66' __ ,, - ~ , __ - L11 N46"22'04"E 110.51' L31 N4"2754"E 49.94' l.51 N1-01'10"E Ll2 N38°0730"W \ 33.40' L32 N6"33'31"E 59.92' L52 N1"01'1D"E L13 N51"52'30"E : 52.00' L33 N9"3D"51"E 49.97' L53
L14 N24~56'15'E 125.35' "'' N12"08'12'E ~ Ll5 N15"57'02"E 59.15' L35 N14•33·54•E 49.96' I LI~- N11°11·os·e 49.26' L36 N17°28'21"E 59.84' Ne0 45•31•E I~ - L17 L37 N2o•s3•3re 49.93'
RADIAL BEARINGS RADIAL BEARINGS - LINE# DIRECTION LINE# DIRECTION CURVE# >-- 1(RI N0-38'0"'-"E 16(R) N22~4'01"E c,
2(R) N0"26'09"VV 17(A) N57°53'12"W C2
3{R) N5"59'36'W 18(A) N57"53'12"W C3
4(R) N0°38'04"E 19(R) .N65"30'53"W C4
5{R) N0"3T51"E 2D(R) cs N43"15'31"E
C6 6{A) N19"02'0l"E 21(R) N40"26'38"E
C7
7{R) N20"4"'02"E 22(R) N77"04'05'E
ca
BIR) N18"58'23"E 23(R) N77"44'2rE C9
9{R) N<4-"17'29"W C10
10(R) N3°32'45"W C11
11(R) N29"05'31"E Cl2
-- 12(R) N33' 04"11~E 013
-- 13(R} N72"40'57W C14
14(R) Nas·oe·orw C15
15{R) N85•21'30"W C16
C17
C18
C19
C20
CURVE TABLE
RADIUS DELTA LENGTH
803.50' 6937 0" 92.94'
603.50' 1°04'13" 15.01'
803.50' 5°33'26" 77.93'
474.00' 1°00'52" 8.39'
1551.00' 10°2705" 282.92'
856.00' 4°09'24" 61.67'
asO.oo· 15°45'13" 233.71'
850.00' 19"54'3T 295.37
- ~
1250.00' 8°49'14" 192.44'
550.00' 32°54'08" 315.64'
'--- 550.00' 1"45'39" 16.90'
550.00' 31-o6'28" 29B.93'
600.00' 18°24'10" j 192.71'
570.00' 8°37'53" 85.87'
630.00' 9•22•36• r 103.10'
640.00' 2°48'53" j 31.44'
1150.00' 8°49'14" 177.04'
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
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
AUGUST 2023
...,DELL
NGlNEERlNG
1185So!toic0ri¥11,Suit11A
Modeslo,C ... 95.350
OOELLENGINEERINCi.COM
CURVE TABLE
RADIUS DELTA LENGTH
1549.00' o•w3r 11.54'
1186.50' 0"4758" 16.56'
SHEET 6 OF 6
VOL fr"&_ , PAGE l:!_~
234
BOE-502-A (Pl) REV. 18 (05-23)
PREUMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject property, In accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property Is located.
NAME AND MAIUNG ADDRESS OF BUYER/TRANSFEREE
(Make necessary conections trJ the printed name ,md ITlililln{} ilddress) i
L
01Y OF LOS BANOS
520 J Street
Los Banos, CA 93635
7 _J
ASSESSOR'S PARCEL NUMBER
430-010-035-000
SEU.ER/TRANSFEROR
STONECREEK SOUTI-l PARTNERS, LP, a California limited partnership BUYER'S DAYTIME TillPHONE NUMBER
BUYER'S EMAIL ADDRESS
[email protected]
STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
Parcel C, The Villages V- Large Lot Anal Map, Los Banos, CA D YES (i2J NO This property is intended as my principal residence. If YES, please Indicate the date of occupancy or Intended occupancy.
MO DAY YEAR
D YES QI NO Are you a 100% rated disabled veteran who was compensated at 100% by the Department of Veterans Affairs or an unmarried surviving spouse of a 100% rated disabled veteran?
MAIL PROPERTY TAX INFORMATION TO (NAME)
Ci of Los Banos
MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CITY STATE ZIP CODE 520 J Street Los Banos CA 93635
PART 1. TRANSFER INFORMATION Please complete all statements.
This section oontains possible exduslons from reassessment for certain types of transfers.
YES NO
B B] :: This transfer is solely between spouses (addition or removal of a SfJOU$e, death of a spouse, dlvorre settlement, etc.].
This transfer is solely between domestic partners currently registered with the California Sea'etary of State (addition or removal of a partner, death of a partner, termin.mon settlemen~ etc.]. □
□
□
□
□
□
□
□
□
□
□
□
□
□
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&ZJ *F.
fZI *G.
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&21 ).
This is a transfer: D between parent(s) and child(ren) D between grandparent(s} and granddlild(ren).
Was this the transferor/grantor's principal residence? D YES D NO Is this a family fann? 0 YES □ NO
This transfer is the result of a cotenant's death. Date of death --------- Toi s transaction is to replace a principal residence owned by a person 55 years of age or older.
This transaction is to replace a principal residence by a person who is severely disabled, This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or natural disaster for which the Governor proclaimed a state of emergency.
This transaction Is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage}.
If YES, please explain: - - -------------------------------- Toe recorded document aeates, terminates, or reconveys a lender's interest in the property.
This transaction is recorded only as a requirement for financing purposes or to aeate, terminate, or reconvey a security Interest (e.g., a:>signer}. If YES, please explain: ____________________________ _ K. The recorded document substitutes a trustee of a trust, mortgage, or other similar document.
QI
L. This is a transfer of property:
1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of D the transferor, and/or D the transferor's spouse D registered domestic partner.
2. to/from an irrevocable trust for the benefit of the
D aeator/grantor/trustor and/or D grantor's/trustor's spouse D grantor's/truster's registered domestic partner.
M. This property is subject to a lease with a remaining lease term of 35 years or more lndudlng written options.
N. This Is a transfer between parties in which proportional interests of the transferor(s) and transferee(s} in each and every parcel being transferred remain exactly the same after the transfer. &ZJ O. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.
~ *P. This transfer is to the first purchaser of a new building containing a D leased D owned active solar energy system.
D Q. Other. This transfer is to _ ______________________ _ * Please refer to the instructions for Part 1. Please provide any other Information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
235
BOE-502-A (P2) REV. 18 (05-23)
PART 2. OTHER TRANSFER INFORMATION Check and complete as app//cable.
A. Date of transfer, If other than recording date: ______ _ B. Type of transfer:
D Purchase D Foreclosure bZI Gift 0Trade or exchange O Merger, stock, a partnership acquisition (Fonn BOE-100-B) 0 Contract of sale. Date of contract: ---=---- 0 Inheritance. Date of death: _________ _ D Sale/leaseback D Creation of a lease D Assignment of a lease D Termination of a lease. Date lease began: _________ _ Original tenn in years (Including written options): __ Remaining tern, In years (lndud/ng written options): _____ _ D Other. Please explain:-------------------------------------- C. Only a partial interest in the property was transferred. 0 YES D NO If YES, indicate the percentage transferred:
PART 3. PURCHASE PRICE AND TERMS OF SALE
A. Total purchase price
B. Cash down payment or value of trade or exchange excluding dosing CDSts Check and complete as applicable.
C. First deed of trust @ __ % interest for __ years. Monthly payment $ _____ _ 0 FHA l_Discount Points) □ Cal-Vet O VA l_Dlscount Points) □ Fixed rate O Variable rate D Bank/Savings & Loan/Credit Union O Loan carried by seller D Balloon payment$______ Due date: ____ _
D. Second deed of trust@ ___ % Interest for __ years. Monthly payment$ _____ _ 0 FD<ed rate D Variable rate D Bank/Savings & Loan/Credit Union O Loan carried by seller 0 Balloon payment$_____ Due date: ____ _
%
I $ o.oo
Amount$ _ ____ _
Amount$ _____ _
Amount$ _____ _
E. Was an Improvement Bond or other public financing assumed by the buyer? DYES ONO Outstanding balanoe $ _____ _ F. Amount, if any, of real estate commission fees paid by the buyer which are not lnduded In the purchase price $ _____ _ G. The property was purchased: 0 Through real estate broker. Broker name: ____________ Phone number: --~----- 0 Direct from seller D From a family member-Relationship ________ _ 00ther. Please explain:--------------------------------------- H. Please explain any special tenns, seller concessions, broker/agent fees waived, financing, and any other Information ( e.g., buyer assumed the existing loan balance) that would assist the Assessor In the valuation of your property.
PART 4. PROPERTY INFORMATION
A. Type of property transferred
Check and complete as applicable.
B Single-family residence
. Multiple-family residence. Number of units: __
0 Other. Description: (i.e., timber, mineral, water rights, etc.) D Co-op/Own-your~
B Condominium
Timeshare
B ManufactlJred home
Unimproved lot
0 Commerdal/Industrlal
B. 0 YES QI NO Personal/business property, or incentives, provided by seller to buyer are induded in the purchase price. Examples of personal property are furniture, fann equipment, machinery, etc. Examples of Incentives are club memberships, etc. Attach list if avaHable.
If YES, enter the value of the personal/business property: $._______ Incentives$ _______ _ C. 0 YES 0 NO A manufactured home is included In the purchase price.
If YES, enter the value attributed to the manufactured home: $ ______ _ 0 YES QI NO The manufacb.lred home Is subject to local property tax. If NO, enter decal number: _____ _ D. 0 YES QI NO The property produces rental or other Income.
If YES, the Income iS from: 0 lease/rent D Contract D Mineral rights E. The condition of the property at the time of sale was: li2J Good D Average Please desalbe:
Other: ------------ Fair
CERTIFICATION
I certify (or declare) that the foregoing and aH Information hereon, including any «r0111fJi1ny/ng statements or documents, Is true and cr:mect to the best of my knowledge a belief.
DATE
0'< (Cl 2.01-1 TELEPHONE
(209 )367-7600
EREE/PERSONAL REPRESENTATIVE/CORPORA'TE OFFICER {PLEASE PRINT} TITLE EMAIL ADDRESS rs, LP, a C&!Wornla llmlted partne!ship, by Anderson Homes.Its General Partner. by Vice President [email protected] The Assessor's office may contact you for additional information regarding this transaction. 236
BARBARA J. LEVEY
COUNTY OF MERCED
ASSESSOR-CLERK-RECORDER
DOCUMENTARY TRANSFER TAX AFFIDAVIT
WARNING
RECORDER
2222 "H" Street
Herr:ed, CA 95340
(209) 385-7627
(209) 385-7626 Fax
www.ro.mera:d.ca. us
ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF
AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5,20 OF ORDINANCE 1929 OF THE COUNTY OF MERCED AND IS SUB.JECT TO PROSECUTION FOR SUCH OFFENSE.
ASSESSOR'S PARCEL NO. 430-010-035-000 I declare that the documentary transfer tax for this Property Address: Parcel C, The Villages V- Large Lot Final transaction Is: $ Map, Los Banos, CA
If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.
I CLAIM THAT THIS TRANSACTION IS EXEMPT FRON DOCUNENTARYTRANSFER TAX BECAUSE: (TheSections listed below are taken l'rom the Revenue and Taxation Code). Please check one or explain In "other".
1. Section 11911 The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor.
2. Section 11921 The conveyance was given to secure a debt, provided the proportional ownership will revert back to the original holding within one month of recording
3. ✓ Section 11922 The conveyance is to a governmental entity or polltlcal subdivision.
4. Section 11923 Conveyance under bankruptcy Federal c.ase No. ------- --
5. Section 11924 Transfer by order of the Securities and Exchange Commission c.ase No. -------
6. Section 11925 The transfer is between Individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held.
IS THIS A TRANSFER BETWEEN LEGAL ENTITIES? 0 Yes O No
IF YES, TRANSFERS INVOLVING LEGAL ENTITIES MUST PROVIDE, DOCUMENTATION AT THE TIME OF RECORDING.
SOME EXAMPLES ARE USTED BELOW.
Entity ownership documentation is required if you are a:
r--J...... Corporation - A copy of the Articles of Incorporation amendments and any other documents L--..y showing the shares issued and share ownership; or r--J...... LLC - A copy of the Operating Agreement, amendments, and any other documentation showing L--..y the partners and ownership/percentage; or
For Recorder's Use:
MCR 11911 (Rev. 04/17)
Partnership - A copy of the Partnership Agreement, Amendments and any other cloruments showing the partners and ownership percentage.
237
7. Section 11926 The conveyance is to a grantee who Is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt.
8. Section 11927 The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a wtitten recital in order to dalm this exemption. This form may be used for that purpose.)
9. Section 11930 The conveyance is an Inter vivosglft* or a transfer by death. *Please be aware that information stated on this d0a1ment may be given to and used by governmental agencies, including the Internal Revenue Service. Additionally, certain gifts In excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form709 (Federal Gift Tax Return) with the Internal Revenue Service.
10. __ The easement is not perpetual, permanent, or for life.
11. __ The document is a lease for a term of less than (35) years (including written options.)
12. __ Other (Include explanation and legal authority) ________________ ___ _ I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING rs TRUE AND CORRECT.
Executed this 1 oth day of ___ J_u_n_e _____ , 20 -=2'-'- 4 __ at __ ---L.. H .... o-lh ... ·s=te.....,r .... , .,,. CL.AL-. ___ _ • ) Oty, State
~ ,v U4P., ~ Re ina Waldron
SignatureoAffiant/ Authorized Representative Printed Name of Afflant/ Authorized Representative Stonecreek South Partners, LP, a California limited
partnership, by Anderson Homes.its General Partner
Name of Firm (if applicable)
P.O. Box 1237, Lodi. CA 95241
Address of Afflant (lnduding City, State, and Zip Code) 209-367-7600
Telephone Number of Afflant (Including area code)
This form is subject to the califomla Public Records Act (Government Code 6250 et. seq.) 238
ME EDfa BARBARA J. LEVEY
COUNTY OF MERCED
ASSESSOR-CLERK-RECORDER
DOCUMENTARY TRANSFER TAX AFFIDAVIT
RECORDER
2222 WM" Street
Merced, C.A 95340
(209) 385-7627
(209) 385-7626 Fax
www.co.merced.ca.us
COUNTY
WARNING
ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF
AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5.20 OF ORDINANCE 1929 OF THE COUNTY OF MERCED AND JS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.
ASSESSOR'S PARCEL NO. 430-010-035-000 I declare that the documentary transfer tax for this Property Address: Parcel H, The Villages V-L.arge Lot Anal transaction is: $ Map, Los Banos, CA
If this transaction is exempt from Documentary Transfer Tax, the reason must be Identified below.
I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (711e Sections listed below are taken from the Revenue and Taxation Code). Please check one or explain in •Other'.
1. Section 11911 The consideration or value of the property, exduslve of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor.
2. Section 11921 The conveyance was given to secure a debt, provided the proportional ownership will revert back to the oliginal holding within one month of recording
3. ✓ Section 11922 The conveyance is to a governmental entity or political subdivision. --
4. Section 11923 Conveyance under bankruptcy Federal case No. --
5. Section 11924 Transfer by order of the Securities and Exchange Commission Case No. --
6. __ Section 11925 The transfer is between individuals and a legal entity or parmership, or between legal entities and does not change the proportional interests held.
IS THIS A TRANSFER BETWEEN LEGAL ENTITIES? 0 Yes O No
IF YES, TRANSFERS INVOLVING LEGAL ENTITIES MUST PROVIDE, DOCUMENTATION AT THE TIME OF RECORDING.
SOME EXAMPLES ARE USTED BELOW.
Entity ownership documentation Is required if you are a:
r---1\_ Corporation - A copy of the Artldes of Incorporation amendments and any other documents L-....i,/ showing the shares issued and share ownership; or r---1\. LLC - A copy of the Operating Agreement, amendments, and any other documentation showing L-....i,/ the parmers and ownership/percentage; or
r---1\. Partnership - A copy of the Partnership Agreement, Amendments and any other documents L-....i,/ showing the partners and ownership percentage.
For Recorder's Use:
MCR 11911 (Rev. 04/17)
239
7. Section 11926 The conveyance is to a grantee who Is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt.
8. Section 11927 The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital rn order to dalm this exemption. This form may be used for that purpose.)
9. Section 11930 The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, induding the Internal Revenue Service. Additionally, certain gifts In excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor {donor/grantor) may be required to file Form709 {Federal Gift Tax Return) with the Internal Revenue Service.
10. __ The easement is not perpetual, permanent, or for life.
11. __ The document is a lease for a term of less than (35) years (including written options.)
12. __ Other (Indude explanation and legal authority) ____________ ______ _ I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING rs TRUE AND CORRECT.
Executed this 10th day of June , 20 24 at Hollister CA ---------- - --- ----~~~------ g O ~ J u J {.,,(,4-i, c.l..u,yy Regina Waldron
· J Oty, State
Signature Af6ant/ Authorized Representative Printed Name of Affiant/ Authorized Representative Stonecreek South Partners, LP, a California limited
artnershi , by Anderson Homes,its General Partner
Name of Firm (if applir.able)
P.O. Box 1237, Lodi, CA 95241
Address of Affiant (induding Oty, State, and Zip Code)
Telephone Number of Affiant (lnduding area code)
This form is subject to the California Public Records Act (Government Code 6250 et. seq.) 240
BOE-502-A (Pl) REV, 18 (05-23)
PREUMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject property, In accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Reportmust be filed with eadl conveyance In the County Recorder's office for the county where the property is located.
NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE
(Make necessary CtHTeCtiOru tr, the printed name and malling ilddlE!ss) ' CITY OF LOS BANOS
520 J Street
Los Ba.nos, CA 93635
L
7 _J
ASSESSOR'S PARCEL NUMBER
430-010-035·000
SELLER/TRANSFEROR
Stonecreek South Partners, LP, a California limited partnership
BUYER'S DAYTIME TELEPHONE NUMBER
BUYER'S EMAIL ADDRESS
[email protected]
STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERlY
Parcel H, The Villages V·Large Lot Final Map, Los Banos, CA 0 YES NO This property Is Intended as my principal residence. If YES, please Indicate the date of occupancy MO DAY YEAR or Intended occupancy.
0 YES G2j NO Are you a 100% rated disabled veteran who was compensated at 100% by the Department of Veterans Affairs or an unmarried surviving spouse of a 100% rated disabled veteran?
MAIL PROPERTY TAX INFORMATION TO {NAME)
Ci of Los Banos
MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CilY srATE ZIP CODE 520 J Street Los Banos CA 93635
PART 1. TRANSFER INFORMATION Please complete all sliltements.
YES
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
~
This section contains possible exclusions from reassessment for certain types of transfers.
NO
[yj A.
&ZJ B.
Tos transfer Is solely between spouses {addition or removal of a spouse, death of a spouse, divorce settlement, etc).
This transfer Is solely between domestic partners currently registered with the California Secretary of State {addition or removal of a partner, death of a partner, termination settlement, etc.).
GZl *C.
IY1*o.
~ *E.
~*F.
~ *G.
This Is a transfer: D between parent(s) and c:hild(ren) D between grandparent(s) and grandchlld{ren).
Was this the transferor/grantor's principal residence? D YES D NO Is this a famBy farm? □ YES □ NO
This transfer is the result of a cotenant's death. Date of death ________ _ This transaction Is to replace a principal residence owned by a person 55 years of age or older.
This transaction is to replace a principal residence by a person who Is severely disabled.
This transaction Is to replace a principal residence substantiaDy damaged or destroyed by a wllclflre or natural disaster for which the Governor proclaimed a state of emergency.
This transaction Is only a correction of the name(s) of the person(s) holding title to the property {e.g., a name change upon marriage).
If YES, please explain: ---------------------------------- The recorded document creates, terminates, or reconveys a lender's Interest in the property.
This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security Interest {e.g., cosigner). If YES, please explain: _____________________________ _ K. The recorded document substitutes a trustee of a trust, mortgage, or other stmilar dorurnent.
L This Is a transfer of property:
1. to/from a revocable trust that may be revoked by the transferor and ls for the benefit d D the transferor, and/or D the transferor's spouse O registered domestic partner.
2. to/from an Irrevocable trust for the benefit of the
D aeator/grantor/trustor and/or D grantor's/trustor's spouse D grantor's/trustor's registered domestic partner.
M. This property Is subject to a lease with a remaining lease term of 35 years or more Including written options.
N. This is a transfer between parties in which proportional Interests of the transferor(s) and transferee(s) In each and every parcel being transferred remain exactly the same after the transfer. [yj O. This Is a transfer subject to subsidized low-Income housing requirements with governmentally Imposed restrictions, or restrictions imposed by specified nonprofit corporations.
[yj *P. This transfer is to the first purchaser of a new building containing a D leased D owned active solar energy system. D Q. Other. This transfer Is to _______________________ _ * Please refer to the Instructions for Part 1. Please provide any other Information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
241
BOE-502-A (P2) REV. 18 (05-23)
PART 2. OTHER TRANSFER INFORMATION Oleck and aJmp/ete as app/i<Bb/e.
A. Date of transfer, ff other than recording date: ______ _ B. Type of transfer:
0 Purchase D Foreclosure 0Gift 0Trade or exchange O Merger, stock, or partnership acquisition (Form BOE-100-B) D Contract of sale. Date of contract: __ ----==---- 0 Inheritance. Date of death: _________ _ 0 Sale/leaseback D Creation of a lease D Assignment of a lease D Termination of a lease. Date lease began: _________ _ Original term in years (/nduding written options); __ Remaining term in years (induding written options) ____ _ Oot11er. Please explain:------------------------------------- C. Only a partial ilterest in the property was transferred. □ YES O NO If YES, indicate the percentage transferred:
PART 3. PURCHASE PRICE AND TERMS OF SALE
A. Total purchase price
Oleck and aJfTlp/ere as appllcable.
B. cash down payment or value of trade or exchange excluding closing costs Amount$ _____ _ C. Rrst deed of trust @ __ % interest for __years. Monthly payment$ _____ _ Amount$ ____ _ _ 0 FHA l_Discount Points) 0 cal-Vet D VA LJ)iscount Points) D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union LJ Loan carried by seller D Balloon payment$ ______ Due date: ____ _
D. Second deed of trust @ __ % Interest for __ years. Monthly payment$ _____ _ Amount$ ___ _ _ _ D Fixed rate O Variable rate D Bank/savings & Loan/Credit Union D Loan carried by seller LJ Balloon payment$ _____ Due date: ____ _
E. Was an Improvement Bond or other public financing assumed by the buyer? DYES D NO Outstanding balance $ _____ _ F. Amount, If any, of real estate commission fees paid by the buyer which are not induded in the purchase price $ _____ _ G. The property was purchased: 0Torough real estate broker. Broker name: ----------~Phone number: ,...__ _ _.__ _ __ _ D Direct from seller D From a family member-Relationship ________ _ 00ther. Please explain: - ------------------------------------ H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other Information (e.g., buyer assumed the existing loan balance) that would assist the Asses.5or In the valuation of your property.
PART4.PROPERTYINFORMATION
A. Type of property transfered
O,eck and axnp/ele as applicable.
0 Single-family residence
0 Multiple-family residence. Number of units: __
0 Other. Desaiption: (i.e., timber, mineral, water rights, etc.) D CO-Op/OWn-your-own
D Condominium
0Tlmeshare
QManufactured home
521' Unimproved lot
□ Commercial/Industrial
B. D YES li2J NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentiveS are dub memberships, etc. Attach 1st if available.
If YES, enter the value of the personal/business property: $'-------- Incentives$ ______ _ C. □ YES ~ NO A manufactured home Is lnduded In the purchase price.
If YES, emg the value atbibuted to the manufactured home: $ ______ _ 0 YES M NO The manufactured home Is subject to local property tax. If NO, enter decal number: _____ _ D. DYES ~ NO The property produces rental or other income.
If YES, the income Is from: D Lease/rent D Contract D Mineral rights E. The condition of the property at the time of sale was: l2f' Good O Average 00ther: _____________ _
0Fair
Please desaibe: _______________________________________ _
CERTIFICATION
I cstify(ordedare} that the foregoing and all infamation hereon, lndudhg any~ stattments ordoamenls, is truelllKi cared to the best of my knowledge and belief.
DATE
OCt (0 2.b:Z.cf
TB.fPHONE
( 209 ) 367-7600
REE;/PERSONAL REPRESBfl'ATIVE/CORPORATE OFACER (PLEASE PRINT} 1TTlE EMAIL ADDRESS Partners, LP, a ca1110,r1a Umfted partnerstip, by Andersa'I Homes,115 General Partner, by Vice President [email protected] The Assessor's office may contact you for additional information regarding this transaction. 242
TO:
FROM:
DATE:
LOsBanos
t tl1t HJ u tl<I O/ 111/m lll<l
Agenda Staff Report
Mayor & Council Members
Lucy Mallonee, City Clerk~
July 17, 2024
SUBJECT: Certification of Sufficiency of Recall Petitions and Adoption of Resolutions Calling Recall Elections As Required by Law
TYPE OF REPORT: Consent Agenda
Recommendation:
1. Accept the City Clerk's certifications of sufficiency of the recall petitions against Councilmembers Begonia and Jones.
2. Consider a Resolution of the City Council of the City of Los Banos, California, Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024, for the Recall of Councilmember Brett Jones as Required by the Provisions of the Laws of the State of California Relating to General Law Cities.
3. Consider a Resolution of the City Council of the City of Los Banos, California, Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024, for the Recall of Councilmember Douglas Begonia, Jr., as Required by the Provisions of the Laws of the State of California Relating to General Law Cities.
The Merced County Elections Office (County Elections Office) has completed its review of the Petitions to Recall Councilmembers Begonia and Jones (Petitions) and provided information for the Certificates of Sufficiency, confirming that the Petitions have been signed by the requisite number of voters. As required by Elections Code § 11240, at tonight's regular City Council meeting the City Clerk will present the Certificates of Sufficiency for City Council acceptance. As required by Elections Code§ 11240, the City 1 243
Council must, within 14 days of this meeting, call an election and issue an order stating that an election shall be held to determine whether or not Councilmembers Begonia and Jones shall be recalled. The duty to call the election in the face of a valid recall petition is strictly ministerial and not discretionary. See Good v. Common Council of San Diego, 5 Cal. App. 265, 271 (1907) (granting writ of mandate against council that refused to act on a sufficient recall petition).
There is currently no City Council meeting scheduled in the fourteen days following this meeting, so the Council will either have to adopt the resolutions at this meeting or call a special meeting to be held within the next 14 days.
The election must be held no sooner than 88 days and no later than 125 days after it is called, unless holding it within 180 days of the order of election will permit the recalls to be consolidated with a regularly scheduled election. If a regular or special election is set to occur within that timeframe, the recall election must be consolidated with that election. (Elections Code § 11242), meaning that the recall elections must be consolidated with the statewide general election to be held on November 5, 2024.
Background:
On April 23, 2024, two Notices of Intention to Circulate Recall Petition were filed with the City Clerk. Councilmembers Begonia and Jones filed Answers to the Notices of Intention on April 26, 2024. On May 13, 2024, the form of the Petition was determined to meet the statutory requirements, thus allowing for the proponents to begin gathering signatures.
Elections Code§ 11221 (a) provides that the number of requisite signatures must be equal in number to not less than the following percent of registered voters in the electoral jurisdiction: twenty-five percent (25%) if the registration the electoral jurisdiction is less than 10,000 but at least 1,000. According to the Report of Registration filed with the Secretary of State, District 2 has 5,436 registered voters and District has 5,453 registered voters, meaning that 1,359 and 1,364 verified signatures were required in those Districts, respectively, to qualify these recalls for the ballot.
Per Elections Code § 11220(d), 90 days were provided to collect signatures (i.e., until August 12, 2024). On May 28, 2024, the Petitions were filed with the City Clerk's Office in accordance with Elections Code§§ 11220 and 11221(a).
The City Clerk completed the prima facie review of the Petitions and confirmed that each contained a sufficient number of unverified signatures to warrant commencement of the verification process. The City Clerk therefore provided the Petitions to the County Elections Office for examination and verification of signatures.
Pursuant to Elections Code § 11224, the County Elections Office examined the Petitions and, from the records of voter registration, ascertained that the Petitions were signed by the requisite number of voters. The County Elections Office submitted results of their examination and verification of signatures to the City Clerk/Elections Official on June 25, 2024 (Begonia) and June 27, 2024 (Jones). Per Elections Code§ 11227, the Certificates of Sufficiency are now submitted to the City Council for acceptance. 2 244
Discussion:
Pursuant to Elections Code §§ 11224 and 11225, the County Elections Office has examined the Petitions and ascertained it was signed by the requisite number of voters.
Upon finding the Petitions sufficient, the County Elections Office provided the results of their examination and verification of signatures to the City Clerk.
The City Council must now accept the Certificates of Sufficiency as provided by Elections Code§ 11240 and call the elections within 14 days (i.e., no later than July 31, 2024). The election must be held not less than 88 days, nor more than 125, days after the issuance of the order unless holding it within 180 days will allow for the consolidation of the recall elections with a regularly scheduled election. (Elections Code§ 11242.) If the City Council does not act within 14 days as specified, Elections Code § 11241 requires that the County Elections Official must, within 5 days, set the date for the election.
The next election in Merced County is scheduled for November 5, 2024, which is within 180 days of the submission of the Certificates of Sufficiency.
The resolutions before the City Council this evening accept the Certificates of Sufficiency and set November 5, 2024, as the date of the recall elections as required by state law.
Fiscal Impact:
There will be a cost associated with the conduct of the recall elections, as the City is required to reimburse the County for the costs of conducting the consolidated elections.
Based on the cost estimates provided by Merced County Registrar of Voters, the estimated costs of conducting the two recall elections on November 5, 2024, will be in the range of $17,618.69 - $22,290.92.
Attachments:
• Attachment 1 - City Clerk's Certificates of Sufficiency, with Certificates from the Merced County Elections Office attached thereto
• Attachment 2 - Resolution Calling the Recall Election for Douglas Begonia, Jr., to be held on November 5, 2024
• Attachment 3 - Resolution Calling the Recall Election for Brett Jones, to be held on November 5, 2024
Vanessa Portillo, Finance Director
3 245
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246
LOsBanos
At the Crossroads of California
CERTIFICATE OF SUFFICIENCY OF RECALL PETITION
(DOUGLAS BEGONIA, JR.)
I, Lucille L. Mallonee, City Clerk for the City of Los Banos, County of Merced, State of California, do hereby certify:
That on May 28, 2024, the proponents of a proposed recall of the Los Banos City Councilmember representing District 2, Douglas Begonia, Jr., submitted to my office the petition to recall Mr. Begonia, which was accepted for filing and delivered to the Merced County Registrar of Voters on May 29, 2024, to verify the signatures.
That said petition contained signatures purporting to be 2,006 signatures of qualified electors of the City of Los Banos, California. The petition is considered sufficient to qualify if signed by at least 25% of the 5,436 registered voters in District 2 in the City of Los Banos, equal to 1,359 valid signatures.
That attached to said petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported. qualified electors signed this petition.
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that, to the best of his or her own information and belief, each signature to that section was the genuine signature of the person whose name it purports to be.
That the Registrar of Voters of the County of Merced has certified the following facts regarding this petition, as reflected in the attached certificate:
1. Recall sought Douglas Begonia, Jr., as the named officer.
2. Holding the Office of Councilmember, District 2.
3. Total number of signatures on the petition: 2,006
4. Total number of valid signatures on the petition: 1,404
5. Number of signatures that were disqualified: 302
Based on this examination, and in accordance with Eiections Code Sections 11222, 11224, and 11227, the recall petition is hereby acknowledged as sufficient to be submitted to the voters at a special election not less than 88, nor more than 125, days after the issuance of the order, unless the election can be consolidated with a regularly scheduled election held within 180 days after the issuance of the order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Los Banos this 5th day of July, 2024.
~~ i.~
Lucille L. Mallonee, MMC
City Clerk, City of Los Banos
247
SIGNATURE VERIFICATION CERTIFICATE
I, Melvin E. Levey, Registrar of Voters of the County of Merced, State of California, hereby certify:
Initiative Title
Recall and removal of Douglas Begonia Jr., holding the office of City Council member of District 2, in Los Banos, California. has been filed with this office on 05/28/2024 that the said petition consists of 67 4 I sections;
That each section contains signatures purporting to be signatures of qualified electors of this county:
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon the section, that all of the signatures were made in his or her presence, and that to the best of his or her own knowledge and belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponent filed the petition, I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective supportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition:
1. Number of unverified signatures filed by proponent (raw count)
2. Number of verified signatures
Number of signatures found SUFFICIENT
Number of signatures found INSUFFICIENT
INSUFFICIENT because of DUPLICATE
2,006 I
1,706
1,404
302
19 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 06/25/2024
Melvin E. Levey
Registrar of Voters
By _ G-=---io-v-an-~~,=---i~~1e_g_a-s--C-o_n_e_!-E=l-ec-t-io_n_S_p_e_c_ia-lis_t_l_ 248
LOsBanos
At the Crossroads of California
CERTIFICATE OF SUFFICIENCY OF RECALL PETITION
(BRETT JONES)
I, Lucille L. Mallonee, City Clerk for the City of Los Banos, County of Merced, State of California, do hereby certify:
That on June 10, 2024, the proponents of a proposed recall of the Los Banos City Councilmember representing District 3, Brett Jones, submitted to my office the petition to recall Mr. Jones, which was accepted for filing and delivered to the Merced County Registrar of Voters on June 10, 2024, to verify the signatures.
That said petition contained signatures purporting to be 2,252 signatures of qualified electors of the City of Los Banos, California. The petition is considered sufficient to qualify if signed by at least 25% of the 5,453 registered voters in District 3 in the City of Los Banos, equal to 1,364 valid signatures.
That attached to said petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition.
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that, to the best of his or her own information and belief, each signature to that section was the genuine signature of the person whose name it purports to be.
That the Registrar of Voters of the County of Merced has certified the following facts regarding this petition, as reflected in the attached certificate:
1. Recall sought Brett Jones as the named officer.
2. Holding the Office of Councilmember, District 3.
3. Total number of signatures on the petition: 2,252
4. Total number of valid signatures on the petition: 1,650
5. Number of signatures that were disqualified: 602
Based on this examination, and in accordance with Elections Code Sections 11222, 11224, and 11227, the recall petition is hereby acknowledged as sufficient to be submitted to the voters at a special election not less than 88, nor more than 125, days after the issuance of the order, unless the election can be consolidated with a regularly scheduled election held within 180 days after the issuance of the order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Los Banos this 5th day of July, 2024.
~~--/. ~
Lucille L. Mallonee, MMC
City Clerk, City of Los Banos
249
.
. -
SIGNATURE VERIFICATION CERTIFICATE
I, Melvin E. Levey, Registrar of Voters of the County of Merced, State of California, hereby certify:
Initiative Title
Recall and removal of Brett Jones, holding the office of City Councilmember of District 3, in Los Banos, California.
has been filed with this office on 06/10/2024 that the said petition consists of 837 I sections;
That each section contains signatures purporting to be signatures of qualified electors of this county;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon the section, that all of the signatures were made in his or her presence, and that to the best of his or her own knowledge and belief, each signature to that section was the genuine signature of the person whose name it purports to be; .
That after the proponent filed the petition, I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective supportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition:
1. Number of unverified signatures filed by proponent (raw count)
2. Number of verified signatures
Number of signatures found SUFFICIENT
Number of signatures found INSUFFICIENT
INSUFFICIENT because of DUPLICATE
2,252
2,252
1,650
602
56 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of - . .
... , ~, .· ,,
06/27/2024
Melvin E. Levey
Registrar of Voters
By ~ ~~1/-----
Giovanni Villegas-Cortez, Election Specialist I
250
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A RECALL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024, FOR THE RECALL OF
COUNCILMEMBER DOUGLAS BEGONIA, JR., AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, on April 23, 2024, the City Clerk received a Notice of Intention to Circulate Recall Petition which proposed the recall Councilmember Douglas Begonia, Jr. (the "Begonia Petition for Recall"); and
WHEREAS, on April 26, 2024, Councilmember Begonia filed an Answer to the Notice of Intention; and
WHEREAS, on May 13, 2024, the Begonia Petition for Recall form was determined to meet the statutory requirements of the Elections Code and was approved for the proponents to begin gathering signatures; and
WHEREAS, Elections Code§ 11221 states the number of requisite signatures for a recall petition must be equal in number to not less than the following percent of registered voters in the electoral jurisdiction: twenty-five percent (25%) if the registration if the registration is less than 10,000 but at least 1,000. According to the Report of Registration filed with the Secretary of State, Los Banos City Council District 2 has 5,436 registered voters, and thus 1,359 verified signatures are required; and WHEREAS, Elections Code § 11220 states that 90 days are provided to collect the requisite signatures set forth above, and thus the deadline to submit a recall petition is August12,2024;and
WHEREAS, on May 28, 2024, the Petition to Recall Councilmember Douglas Begonia, Jr., was filed with the City Clerk's Office in accordance with Elections Code § 11220, et seq.; and
WHEREAS, on July 17, 2024, the Los Banos City Clerk certified the sufficiency of the petition to the City Council according to Elections Code §§ 11224, 11225, and 11227; and WHEREAS, California Elections Code§ 11240 requires that the City Council, within 14 days after the meeting at which it receives the Certificate of Sufficiency, call for an election to be held to determine whether or not the officer named in the petition shall be recalled; and WHEREAS, California Elections Code § 11242 requires that the election be held not less than 88, nor more than 125, days from the order calling for the election unless conducting the election within 180 days of the order will permit the recall election may be consolidated with a regularly scheduled election; and
1 251
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Recall Election shall be held on November 5, 2024, to determine whether or not Councilmember Begonia shall be recalled; and
WHEREAS, the Recall Election is to be consolidated with the General Statewide Election to be held on the same date and the precincts, polling places and election officers for the elections be the same, and that the Board of Supervisors of the County of Merced canvass the returns of the Recall Election and the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare, determine, and order as follows:
SECTION 1. The City Clerk's Certificate of Sufficiency of the petition seeking to recall Councilmember Douglas Begonia, Jr., is hereby accepted.
SECTION 2. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Los Banos on Tuesday, November 5, 2024, a Recall Election to determine whether or not Councilmember Begonia shall be recalled from the Office of Councilmember.
SECTION 3. the Board of Supervisors of the County of Merced ("County") is hereby authorized to canvass the returns of the Recall election, and that the Recall Election and the other elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 4. The ballots to be used at the election shall be in the form and content as required by law.
SECTION 5. The following ballot question shall appear on the ballot:
Shall Douglas Begonia, Jr., be recalled
(removed) from the office of Councilmember of YES (+)
the City of Los Banos? NO (+)
SECTION 6. the Board of Supervisors is hereby requested to issue to all officers of the County charged with duties pertaining to the other election instructions to take any and all steps necessary for the holding of the consolidated elections. Pursuant to Elections Code § 10002, the Board of Supervisors of the County is requested to permit the Registrar of Voters and County Clerk as County Elections Official to render all services specified by Elections Code§ 10400, et seq., relating to the election, for which services the City agrees to reimburse the County.
SECTION 7. The consolidated election shall be held and conducted, election officers appointed, vote centers designated, ballots printed, polls opened and closed on election day, ballots counted and returned, returns canvassed, and all other proceeding in connection with the election shall be regulated and done by the County Clerk of the County in accordance with the provisions of law regulating the elections so consolidated. 2 252
SECTION 8. The City Clerk is hereby authorized to execute a service agreement with the County to render specified services to the City relating to the November 5, 2024 Recall Election.
SECTION 9. Notice of the time and place of holding the election shall be given and the City Clerk is authorized, instructed and directed to give further additional notice of election, in time, form and manner as required by law.
SECTION 10. The City Clerk of the City is hereby directed to file a certified copy of this resolution with the Registrar of Voters of the County as soon as possible and in no event later than 88 days prior to the date set for the elections.
SECTION 11. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the City of Los Banos meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).
SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and to take other appropriate actions necessary to ensure the placement of said question before the voters of the City of Los Banos at said Recall Election.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, 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:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
3 253
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254
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A RECALL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 2024, FOR THE RECALL OF
COUNCILMEMBER BRETT JONES AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, on April 23, 2024, the City Clerk received a Notice of Intention to Circulate Recall Petition which proposed the recall Councilmember Brett Jones (the "Jones Petition for Recall"); and
WHEREAS, on April 26, 2024, Councilmember Jones filed an Answer to the Notice of Intention; and
WHEREAS, on May 13, 2024, the Jones Petition for Recall form was determined to meet the statutory requirements of the Elections Code and was approved for the proponents to begin gathering signatures; and
WHEREAS, Elections Code § 11221 states the number of requisite signatures for a recall petition must be equal in number to not less than the following percent of registered voters in the electoral jurisdiction: twenty-five percent (25%) if the registration if the registration is less than 10,000 but at least 1,000. According to the Report of Registration filed with the Secretary of State, Los Banos City Council District 3 has 5,453 registered voters, and thus 1,364 verified signatures are required; and WHEREAS, Elections Code § 11220 states that 90 days are provided to collect the requisite signatures set forth above, and thus the deadline to submit a recall petition is August12,2024;and
WHEREAS, on May 28, 2024, the Petition to Recall Councilmember Brett Jones was filed with the City Clerk's Office in accordance with Elections Code§ 11220, et seq. ; and WHEREAS, on July 17, 2024, the Los Banos City Clerk certified the sufficiency of the petition to the City Council according to Elections Code §§ 11224, 11225, and 11227; and WHEREAS, California Elections Code § 11240 requires that the City Council, within 14 days after the meeting at which it receives the Certificate of Sufficiency, call for an election to be held to determine whether or not the officer named in the petition shall be recalled; and WHEREAS, California Elections Code § 11242 requires that the election be held not less than 88, nor more than 125, days from the order calling for the election unless conducting the election within 180 days of the order will permit the recall election may be consolidated with a regularly scheduled election; and
1 255
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Recall Election shall be held on November 5, 2024, to determine whether or not Councilmember Jones shall be recalled; and
WHEREAS, the Recall Election is to be consolidated with the General Statewide Election to be held on the same date and the precincts, polling places and election officers for the elections be the same, and that the Board of Supervisors of the County of Merced canvass the returns of the Recall Election and the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare, determine, and order as follows:
SECTION 1. The City Clerk's Certificate of Sufficiency of the petition seeking to recall Councilmember Brett Jones is hereby accepted.
SECTION 2. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Los Banos on Tuesday, November 5, 2024, a Recall Election to determine whether or not Councilmember Jones shall be recalled from the Office of Councilmember.
SECTION 3. the Board of Supervisors of the County of Merced ("County") is hereby authorized to canvass the returns of the Recall election, and that the Recall Election and the other elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 4. The ballots to be used at the election shall be in the form and content as required by law.
SECTION 5. The following ballot question shall appear on the ballot:
Shall Brett Jones be recalled (removed) from
YES (+) the office of Councilmember of the City of Los
Banos? NO (+)
SECTION 6. the Board of Supervisors is hereby requested to issue to all officers of the County charged with duties pertaining to the other election instructions to take any and all steps necessary for the holding of the consolidated elections. Pursuant to Elections Code § 10002, the Board of Supervisors of the County is requested to permit the Registrar of Voters and County Clerk as County Elections Official to render all services specified by Elections Code § 10400, et seq., relating to the election, for which services the City agrees to reimburse the County.
SECTION 7. The consolidated election shall be held and conducted, election officers appointed, vote centers designated, ballots printed, polls opened and closed on election day, ballots counted and returned, returns canvassed, and all other proceeding in connection 2 256
with the election shall be regulated and done by the County Clerk of the County in accordance with the provisions of law regulating the elections so consolidated.
SECTION 8. The City Clerk is hereby authorized to execute a service agreement with the County to render specified services to the City relating to the November 5, 2024 Recall Election.
SECTION 9. Notice of the time and place of holding the election shall be given and the City Clerk is authorized, instructed and directed to give further additional notice of election, in time, form and manner as required by law.
SECTION 10. The City Clerk of the City is hereby directed to file a certified copy of this resolution with the Registrar of Voters of the County as soon as possible and in no event later than 88 days prior to the date set for the elections.
SECTION 11. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the City of Los Banos meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).
SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and to take other appropriate actions necessary to ensure the placement of said question before the voters of the City of Los Banos at said Recall Election.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, 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:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
3 257
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258
TO:
FROM:
DATE:
LOsBanos
Ar he ros Toads of California
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Directo~ July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to execute a lease agreement with Willscot for the lease of a Flex Modular Unit for 24 months
Recommendation:
That the City Council adopt a Resolution authorizing the City Manager to execute a lease agreement with Willscot for one (1) Flex Modular Unit to be used for temporary office space on the same terms as the contract between Region 4 ESC - TX and Willscot for Modular Buildings, Portable Storage, and Relocatable Walkways, Contract Number:
R210503 in a form approved by the City Attorney that complies with applicable law.
Background:
The City of Los Banos is currently renovating the former Police Annex to be utilized as a Development Services Center (DSC) to house the Community and Economic Development Department, Building Department and Engineering Division of Public Works. The purpose of the DSC will be to create a one-stop-shop for developers and citizens seeking to obtain licenses and permits. The former Police Annex was recently remediated for asbestos and base plans are being developed to efficiently utilize the building for the purposes of a DSC. The renovation is estimated to be completed in approximately 24 months.
1 259
In addition, City Hall is currently experiencing space shortage. To address this issue, while the DSC is being renovated, the City has identified the need for a temporary modular unit to provide temporary space until the renovation of the DSC is completed.
Discussion:
The proposed Flex Modular Unit will provide temporary office space of approximately 2,240 square feet for a period of 24 months. This unit will be placed in the north western section of the parking lot at City Hall and will be equipped with a restroom, HVAC, electrical wiring, and internet connectivity. Willscot will be responsible for delivery, setup, and removal of the unit at the designated location.
Normally such leases would be procured under section 3-10.290 of the Municipal Code (cooperative procurement). However, the underlying contract was not awarded by a political subdivision of the State of California. Therefore, this procurement is justified by section 3-10.290, subd. (c) of the Municipal Code, which restates the common law 'impractical, unavailing or impossible' exception to competitive bidding discussed in Graydon v. Pasadena Redevelopment Agency (1980)104 Cal.App.3d 631, under which section 3-10.290 of the Municipal Code (cooperative procurement) is authorized. City staff has evaluated the availability of leases for units substantially similar to the Flex Modular unit and concluded that it would be impractical, unavailing or impossible to obtain units substantially similar to the Flex Modular unit through informal or formal competitive bidding or proposals pursuant to Title 3 Chapter 10 of the Municipal Code because such units are typically procured at a scale far beyond the needs of the City, and therefore the terms set forth in the cooperative purchasing agreement between Region 4 ESC - TX and Willscot for Modular Buildings, Portable Storage, and Relocatable Walkways, Contract Number: R210503 are most advantageous to the City.
Fiscal Impact:
The cost of the lease will be funded from the City Hall Impact Fee Account: 304-410-100- 720. The total expenditure for the lease term of 24 months is $351 ,154.07. This expenditure would impact Fiscal Year 2024-2025 budget by $210,504.47. The remaining balance will be carried forward to Fiscal Year 2025-2026.
Environmental Review:
This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 New Construction or Conversion of Small Structures because it involves the leasing of a 2,240 square foot temporary office not involving the use of hazardous substances in the Public Facility Zoning District for the use of a public facility. 2 260
Vanessa Portillo, Finance Director
1 . Resolution
2. Lease Agreement
3 261
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262
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO SIGN A LEASE AGREEMENT
WITH WILLSCOT FOR A FLEX MODULAR UNIT
WHEREAS, the City of Los Banos requires additional space to address the immediate capacity needs of City Hall while the former Police Annex is being renovated; and
WHEREAS, Willscot offers a Flex Modular unit that meets the City requirements; and
WHEREAS, the City Council has reviewed the terms of the lease agreement and finds them acceptable.
WHEREAS, City staff has evaluated the availability of leases for units substantially similar to the Flex Modular unit and concluded that it would be impractical, unavailing or impossible to obtain units substantially similar to the Flex Modular unit through informal or formal competitive bidding or proposals pursuant to Title 3 Chapter 10 of the Municipal Code because such units are typically procured at a scale far beyond the needs of the City, and therefore the terms set forth in the cooperative purchasing agreement between Region 4 ESC - TX and Willscot for Modular Buildings, Portable Storage, and Relocatable Walkways, Contract Number: R210503 are most advantageous to the City ("Staff Findings").
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby finds as follows:
1. The City Council adopts the Staff Findings as its own.
2. The City Manager is hereby authorized to sign a lease agreement with Willscot for one (1) Flex Modular Unit on the same terms as the contract between Region 4 ESC - TX and Willscot for Modular Buildings, Portable Storage, and Relocatable Walkways, Contract Number: R210503 in a form approved by the City Attorney that complies with applicable law.
3. The City Manager is authorized to take all necessary actions to implement this resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member __ _ 263
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
2 264
IWILLSCOTJ IIIIIIJ/lelllllli Your Sales Representative
Ben Hostetler
Agreement Number: Q-1696954
Revision: 4
Date: 7/12/2024
Expiration Date: 8/1112024
Master Lease Agreement and Order
Lessee:
City of Los Banos
411 Madison Ave
Los Banos, CA 936354632
Rental Pricing Per Billing Cycle
Single Story - 40'x48' Flex
Personal Property Expense
Restroom - Standard
Loss Damage Waiver (8)
General Liability Insurance
ADA/I BC Ramp - 30ft & Less
Data Hub - Rental
Lg. Format FLEX Window
Minimum Lease Billing Period: 24
Billing Cycle : 28 days
Estimated Delivery And Installation
Foundation I Tiedown Plans
Return - 8' wide Flatbed
Standard Flex Complex Setup and Anchor
Standard Flex Complex Knockdown
Special Equip required for installation
Special Equip required for removal
CA Transport Delivery Fee
License fee
Fuel Surcharge Delivery
Fuel Surcharge Return
Ramp - Delivery & Installation
Ramp - Knockdown & Return
Essentials Delivery Charge
Delivery - 8' wide Flatbed
Estimated Final Return Charges•
CA Transport Return Fee
Contact:
(559) 653-8054
[email protected]
Ship To Address:
Stacy Souza Elms 520 J St
520 West J Street
Los Banos, CA 93635, US
Phone: (209)827-2433
LOS BANOS, CA 93635, US
Estimated Delivery Date :7/22/2024
Email: [email protected]
Quantity
12 1
2 12
8 Price
$ 7,200.00
$ 360.00
$ 200.00
$ 87.00
$ 260.00
$ 450.00
$ 50.00
$ 15.00
Total Recurring Building Charges:
Subtotal of Other Recurring Charges:
Total Recurring Charges Per Billing Cycle:
Total Recurring Charges Per Billing Cycle Including Estimated Taxes:
12 12
12 2
2 12
$ 2,400.00
$ 943.00
$ 11 ,100.00
$9,440.00
$5,000.00
$5,000.00
$1,200.00
$ 1.00
$ 216.89
$ 216.89
$ 750.00
$ 750.00
$ 456.00
$ 943.00
Total Delivery and Installation Charges:
Total Delivery and Installation Charges Including Estimated Taxes:
$1,200.00
Due On Final Invoice•:
Due On Final Invoice Including Estimated Taxes•:
Extended
$7,200.00
$ 360.00
$ 200.00
$1,044.00
$ 260.00
$ 900.00
$ 600.00
$ 120,00
$ 7,200.00
$ 3,484.00
$10,684.00
$11,612.05
$ 2,400.00
$ 11,316.00
$11 ,100.00
$9,440.00
$5,000.00
$5,000.00
$ 1,200.00
$1.00
$2,602.68
$2,602.68
$1,500.00
$1 ,500.00
$ 456.00
$11,316.00
$ 65,434.36
$71 ,159.87
$1,200.00
$ 1,200.00
$1 ,305.00
Total Including Recurring Billing Charges, Delivery, Installation and Return••: $ 323,050.36 Total Including Recurring Billing Charges, Delivery, Installation and Return Including Estimated Taxes .. : $ 351 ,154.07 Scope Of Work
Omnia R210503
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500
265
IWILLSCOTj
Summary of Charges
Model: Single Story - 40'x48' Flex
Your Sales Representative
Ben Hostetler
(559) 653-8054
ber][email protected]
Agreement Number: Q-1696954
Revision: 4
Date: 7/12/2024
Expiration Date: 8/11/2024
Quantity: 1 Total Charges for (1) Building(s): $ 323,050.36 Total Charges for (1) Building(s) Including Estimated Tax: $351,154.07 Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500
266
I WILLSOOT .I IIIIIIJ/le 1111111
Master Lease Terms & Conditions
Your Sales Representative
Ben Hostetler
(559) 653-8054
[email protected]
Agreement Number: Q-1696954
Revision: 4
Date: 7/12/2024
Expiration Date: 8/11/2024
1. This Master Lease Agreement shall apply to any Order between Williams Scotsman, Inc. and/or any affiliate ("Lessor") and City of Los Banos ("Lessee") for any Equipment as defined below ("Agreement"). This Agreement and any Order governs Lessee's use of Lessor's Equipment. By (1) signing this Agreement, (2) executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable methods of acceptance, Lessee agrees to the terms of this Agreement.
2. Definitions
a. "Delivery Date" shall be defined as the date the Equipment was physically delivered. Within 48 hours of delivery, Lessee shall inspect the Equipment and notify Lessor in writing of any defects. Lessee must contact Lessor to relocate any Equipment and obtain Lessor's written consent prior to doing so. Lessee shall pay Lessor's relocation rates if the Equipment is moved without Lessor's written consent. Lessee acknowledges that delivery of Equipment may be in parts and not all at once.
b. "Equipment" means products leased from Lessor, which include Storage Containers, Refrigerated Storage Containers, Ground Level Offices ("GLO"), Modular Equipment, FLEX offices, Blast Resistant products, ancillary products and essentials, Additional Rental Equipment, and any additional products or services available for Lease from Lessor at the time of an Order. Any Lease for Equipment such as an Over the Road Trailer, Temporary Structure or other Equipment may be subject to an Addendum or Equipment specific terms and conditions. Lessee agrees Equipment shall not be used for residential occupancy.
c. "Lease" is defined as any Order for the Lease of Equipment by Lessee from Lessor. d. "Lessee" means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and affiliates of that company or entity (for so long as they remain affiliates), which have entered into an Order. e. "Order" means a WillScot document or online Order forming an individual Lease, specifying the Equipment to be provided hereunder that is entered into between Lessee and Lessor or any of their affiliates, including any addenda and supplements thereto. By entering into an Order hereunder, the Lessee or it's affiliate agree to be bound by the terms of this Agreement as if it were an original party hereto.
3. Lessee is responsible for all site conditions, use permits, and applicable Fees, and maintains sole responsibility for site selection, which shall be a flat, firm and open space, and prepared prior to Equipment Delivery as set forth in the Site Suitability Addendum, incorporated herein by reference.
4. If delivery of the Equipment is delayed through no fault of Lessor for a period of more than thirty (30) days from the confirmation date set forth in the Order, Lessee shall pay Lessor a storage fee equal to 50% of the Total Lease Charges for each thirty (30) day period of delay, or portion thereof, until the Equipment is delivered, in addition to any other Lease payments, charges and Fees due. Any such storage fees shall not affect commencement of the Minimum Lease Term. •
5. Lessee is responsible to inspect and maintain the Equipment in good condition. Lessee shall use the Equipment in accordance with and be responsible for all maintenance as set forth in the Williams Scotsman Service Guide and/or any instructions contained in or on the Equipment.
6. Lessee shall maintain commercially reasonable insurance limits covering the Equipment's replacement cost. Lessee may obtain insurance for their contents at their discretion or can elect to participate in an optional third-party Contents Insurance Program provided through Lessor for a fee.
Optional coverage programs offered to Lessee include General Liability, Loss Damage Waiver and Content Insurance. Details can be found at https:/1 www.willscot.com/the-essentials/insurance-a nd-waivers-package.
7. Lessee shall provide no less than 15 days prior notice to schedule a pick-up date, and no less than thirty (30) days prior notice for any multi-floor Modular Equipment. Lessor shall not prorate any fraction of a Billing Cycle. Upon return, Lessee agrees to pay for all reasonable charges for cleaning, repair, and any damage beyond ordinary wear and tear. Lessee may have the option to pick-up and/or return certain Equipment, which shall be subject to signing an appropriate addendum.
8. LESSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND LESSEE AGREES THAT IT HAS SOLELY DETERMINED THAT THE EQUIPMENT ARE SUITABLE FOR LESSEE'S INTENDED USE. LESSEE LEASES THE EQUIPMENT "AS IS, WITH ALL FAULTS."
9. Each Party agrees to defend, indemnify, and hold the other harmless for any third-party claim arising from the alleged conduct of the other Party under this Agreement. Neither Party shall be liable to the other Party for any special, punitive, exemplary, indirect or consequential damages, losses or damages for lost revenues or profits whether foreseeable or not, arising out of, or in connection with this Agreement.
10. This Agreement shall supersede and replace all prior documents and agreements between the Parties. 11 . Lessee shall be solely liable for any and all applicable sales and use, lease or rental, excise, gross receipts, transaction privilege, value-added, goods and services, or similar transactional tax, levy duty or assessment imposed by a taxing authority ("Taxes"). Lessee shall pay or shall reimburse Lessor for any Taxes related to the Equipment.
12. Lessee's failure to make timely payments, filing of bankruptcy, abandonment of the Equipment or other failure to comply with this Agreement is a default, allowing Lessor to immediately terminate this Agreement, at which time Lessor has the right to pick-up and remove the Equipment upon reasonable notice or as required by law.
13. Lessee shall be solely liable for any and all applicable pass-through charges for costs associated with the Equipment including, but not limited to, ad valorem, real property, and ownership tax/personal property taxes, licensing and titling Fees, and any other expenses and/or third-party Fees associated with the Equipment ("Fees").
14. Except as otherwise stated herein, Lessor may amend the terms and conditions of this Agreement and such amended terms shall be effective thirty (30) days after notice is provided to Lessee. If Lessee does not object in writing to such amended terms before their effective date, such terms shall be deemed accepted. Lessee may not amend or assign this Agreement unless agreed to in writing by Lessor. Lessee may not sublet Equipment subject to this Agreement unless agreed to in writing by Lessor.
15. Lessee acknowledges this is a True Lease, and that ownership and title of any Equipment remains with Lessor, and Lessee has no right to ownership or to transfer or sell the Equipment.
16. In the event of any dispute over this Agreement, the Parties agree to waive a trial by jury and that venue shall be in the County or Parish where the Equipment was originally delivered.
17. To the extent permitted by applicable law, Lessee irrevocably and unconditionally authorizes Lessor to charge all amounts due under this Agreement to any credit card provided by Lessee.
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500
267
lwtLLSCOTJ '11/JJ/sllt/JJf
Billing & Payment Terms
Your Sales Representative
Ben Hostetler
(559) 653-8054
[email protected]
Agreement Number: Q-1696954
Revision: 4
Date: 7/12/2024
Expiration Date: 8/11/2024
1. Lessor reserves the right to request Payment in advance of the Delivery Date, and Lessee may be required to make payment in advance to secure its performance of this Lease. Advance payments may include initial, final and/or recurring charges and will be applied to applicable invoices. Lessor reserves the right to charge an administrative fee for special billing requests.
2. Invoices will be generated on a 28 Day Billing Cycle, in advance, with payment due no later than Net 30 Days after invoice issuance.
3. AMOUNTS UNPAID WHEN DUE SHALL BE CHARGED INTEREST OF UP TO 1½% PER BILLING CYCLE OF THE UNPAID AMOUNT FOR THE PERIOD UNPAID [CUSTOMER EXEMPT], AND AN ADMINISTRATIVE CHARGE PER BILLING CYCLE THE INVOICE REMAINS UNPAID.[CUSTOMER EXEMPT]
4. Initial Invoice Charges may include first and last Billing Cycle charges, delivery and installation charges, estimated charges for pick-up, teardown and Equipment removal, as well as any fuel surcharges. Final charges for pick-up, teardown and Equipment removal will be finalized at the time of pick-up based on existing site conditions. Upon the expiration of the Minimum Lease Term, the Lessor may make changes to the Lease rate, pick-up, teardown, removal, fuel surcharges and/or other charges.
5. The Initial Invoice will be issued on the earlier of the confirmation date or Delivery Date. In the event Lessee requests a delay to the delivery, as agreed to in the Confirmation, the Initial Invoice will be issued solely for the Equipment lease charges and a Storage Fee equal to 50% of the Lease, and all remaining Initial Invoice Charges will be invoiced on the Delivery Date. Lessee agrees that upon Termination prior to the Minimum Lease Term, Lessee shall pay the remaining payments for the unfulfilled Minimum Lease Term, and any applicable charges related to the Equipment, plus all return charges.
Optional Insurance and Optional Coverage
General Liability Insurance
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Customer elects to participate in the General Liability Insurance Program, whereby Lessee will receive insurance coverage through American Southern Insurance Company ("Insurer") and administered by Allen Insurance Group ("Agent"). The Lessee acknowledges and agrees that the policy issued by the Insurer is a third party liability policy that covers those amounts, subject to policy exclusions, that Lessee is legally obligated to pay due to bodily injury and property damage arising from the use and occupancy of Equipment leased from Lessor up to the policy limits. Coverage is subject to underwriting and specific terms and conditions and exclusions set forth in the policy. An outline of coverage is available upon request.
Loss Damage
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Lessee elects to participate in the Loss Damage Waiver Program. Lessee understands and agrees that under this program and subject to any exclusions, the Lessor waives, for a fee, Lessee's obligation to carry Commercial Property Insurance and Lessee's liability for repair or replacement of the Equipment leased from Lessor resulting in loss or damage.
Please refer to the LOSS DAMAGE WAIVER PROGRAM ADDENDUM for specific details on coverage, exclusions and restrictions on coverage. The Loss Damage Waiver is not and shall not constitute a contract for insurance.
Contents Insurance
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Lessee elects to participate in the Contents Insurance Coverage Program, whereby Lessee will receive insurance coverage through Airpark Insurance ("Insurer") and administered by Falvey Insurance Group, Ltd. ("Falvey")) as Managing General Agent of those Interested Underwriters at Lloyd's, London ("Agent"). The Lessee acknowledges and agrees that the policy issued by the Insurer is a third party property policy that, subject to policy exclusions, provides comprehensive contents coverage and adds an additional layer of protection for the stored contents up to the selected limit of coverage. Coverage is subject to underwriting and specific terms and conditions and exclusions set forth in the policy. An outline of coverage is available upon request.
Acceptance and Authority
Lessee represents and warrants they have the authority to agree to the terms and conditions stated in this Agreement by (1) signing this document, (2) executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable means methods and, by doing so, this Agreement shall become legally binding. Lessor will consider the Order rejected if changes have been made to the Order by Lessee.
Lessee: City of Los Banos
Signature:
Print Name:
PO#:
Date:
Title:
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500
268