Agenda packet, first session — Los Banos City Council, March 19, 2025

LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MARCH 19, 2025-6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta par favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cua/quier articulo en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will be duly noted at the meeting, distributed to the City Council via e-mail, and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the following link: https://losbanos.org/category/city-council/
Los Banos City Council Agenda - March 19, 2025 Page 1 of 5 1 1. CLOSED SESSION. 5:00 PM
A. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to § 54956.9(b): (One or More Potential Case).

2. CALL TO ORDER - March 19, 2025 6:00 PM

3. PLEDGE OF ALLEGIANCE.

4. ROLL CALL: (City Council Members)
__ [vacant] - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor
Evan Sanders - District 2
Deborah Lewis - District 4

5. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

6. PRESENTATION - Proclamation Recognizing Red Cross Month.

7. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

8. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #250352 -#250582 in the Amount of $1,173,047.86.

Recommendation: Approve the check register as submitted.

B. City Council Meeting Minutes:
1) City Council Adjourned Meeting Minutes of January 8, 2025. 2) City Council Meeting Minutes of January 15, 2025.
3) City Council Special Meeting Minutes of February 3, 2025 4) City Council Meeting Minutes of February 5, 2025.
5) City Council Adjourned Meeting Minutes of February 10, 2025. 6) City Council Meeting Minutes of February 19, 2025.
7) City Council Meeting Minutes of March 5, 2025.

Recommendation: Approve the minutes as submitted.

Los Banos City Council Agenda - March 19, 2025 Page 2 of 5 pgs. 1-6
pgs. 7-8
pgs. 9-12
pgs. 13-60
2 C. City Council Resolution No. 6898 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Sec. 4003, Section E - Parks & Recreation and Section F - Fire & Building.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6899 - Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6900 - Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024-2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6901 - Amending Resolution No. 6880, Calling and Giving Notice of the Holding of a Special Election to be Held by Mail on Tuesday, August 26, 2025 to Fill a Vacancy Created by the Resignation of Council Member Lambert, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities to Include Provisions Specifying How to Break a Tie, Authorizing the Elections Department to Conduct the Canvas, and Confirming that the City Will Reimburse the County for the Costs of Conducting the Election.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6902 - Approving Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11 B and Accompanying Subdivision Agreement (Stonefield Home, Inc.).

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6903 - Approving Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11 C and Accompanying Subdivision Agreement (Stonefield Home, Inc.).

Recommendation: Adopt the resolution as submitted.

9. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a General Plan Amendment that Would Update the Housing Element of Los Banos General Plan Pursuant to State Law.

Los Banos City Council Agenda - March 19, 2025 Page 3 ofS pgs. 61-64
pgs. 65-70
pgs. 71-86
pgs. 87-94
pgs. 95-134
pgs. 135-172
3 1) City Council Resolution No. 6904 - Adopting the 2024 Annual Report on the Status of the Housing Element of the General Plan and Progress Report in Its Implementation.

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

10. CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6905 - ACCEPTING GRANT DEED OF 2.33+ ACRES LOCATED AT SHAUNESSY VILLAGE PHASE 1 FOR A FUTURE PARK AND STORM BASIN FOR PUBLIC USE AND

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS FOR THIS DEDICATION ACCEPTANCE.

Recommendation: Receive staff report and adopt the resolution as submitted. 11 . CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO

ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

12. CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6906 - IN SUPPORT OF SENATE BILL (SB) 466 THE CHROMIUM-6 MCL COMPLIANCE
SAFEGUARD ACT.

Recommendation: Receive staff report and adopt the resolution as submitted.

13. ADVISEMENT OF PUBLIC NOTICES. (No Reports)
Recommendation: Informational item only, no action to be taken.

14. CITY MANAGER REPORT.

15. 16.

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

CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis - District 4
B. [vacant] - District 1
C. Evan Sanders - District 2
D. Marcus Chavez - District 3
E. Michael Amabile - Mayor
CLOSED SESSION.

A. Conference with Labor Negotiators, Pursuant to Government Code Section 54957.6, Agency Designated Representatives: Interim City Manager Brizzee, City Attorney Vaughn, Human Resources Director Mallonee, Legal Counsel Los Banos City Council Agenda - March 19, 2025 Page 4 of5 pgs. 173-214
pgs.215-226
pgs. 227-796
pgs. 797-800
4 Tuffo, Financial Consultant Kuhn; Employee Organizations: Los Banos Public Employees Union (Public Works) Local 1/AFSCME.

B. Public Employee Performance Evaluation, Title: City Attorney, Pursuant to Government Code Section 54957.

17. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. -g
Lucille
;_,_,t._
L. Mallonee,
;/. ~
City Clerk Dated this 14th day of March 2025
Los Banos City Council Agenda - March 19, 2025 Page 5 of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOs Banos
Al lhe Crossroads of California

PROCLAMATION RECOGNIZING RED CROSS MONTH
WHEREAS, During American Red Cross Month in March, we recognize the compassion of people in Merced County and reaffinn our commitment to care for one another in times of crisis; and
WHEREAS, This generous spirit is woven into the fabric of our community and advances the humanitarian legacy of American Red Cross founder Clara Barton - one of the most honored women in our country's history - who nobly dedicated herself to alleviating suffering; and
WHEREAS, The contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours. Last year in Merced County, volunteers helped 82 households affected by home fires addressing their urgent needs like food and lodging, as well as providing recovery support. In addition, they installed 3 79 smoke alanns, collected 910 blood donations, provided first aid and CPR training to 2,129 residents, and assisted 25 families of our annedforces; and WHEREAS, We recognize this month of March in honor of all those who lead with their hearts to serve people in need, and we ask everyone to join in this commitment to strengthen our community.

NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby recognize the month of March 2025 Red Cross Month in the City of Los Banos and urge all citizens to reach out and support its humanitarian mission.

ATTEST:

In witness whereof,. I have hereunto set my hand
and caused to be affixed the seal of the City of
Los Banos, this 19th day of March 2025.

APPROVED:

Michael S. Amabile, Mayor
LucWe L. Mallonee, City Clerk
ITEM 6
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CK# 250352 - # 250582 03/19/2025 $1,173,047.86
Check Report Los Banos 41 1h. cm • .,,_,...J, o/ Cal/ftm,i<a Check By Date
Check Number Payment Date Vendor Module Payment Type Payment Amount 250352 02/26/2025 Westamerica Bank- Cafeteria Plan Accounts Payable Check 106,897.75 250384 02/28/2025 Apex Annex Health Center, Inc. Accounts Payable Check 730.00 250385 02/28/2025 Sara Blevins Accounts Payable Check 521.25 250386 02/28/2025 CDTFA California Dept. ofTax & Fee Accounts Payable Check 186.13 250387 02/28/2025 Diego Flores Accounts Payable Check 93.00 250388 02/28/2025 Frontline General Engineering Construction Inc Accounts Payable Check 47,469.66 250389 02/28/2025 Gregory Hicks Accounts Payable Check 101.00 250390 02/28/2025 Phil Jacob Accounts Payable Check 250.00 250391 02/28/2025 William McBride Accounts Payable Check 66.00 250392 02/28/2025 Steven Nunes Accounts Payable Check 101.00 250393. 02/28/2025 Gerald "Obie" O'Brien Accounts Payable Check 77.14 250394 02/28/2025 Alheli Oliveras Accounts Payable Check 487.50 250395 02/28/2025 PlaceWorks, Inc. Accounts Payable Check 2,755.00 250396 02/28/2025 Justin Ragunton Accounts Payable Check 101.00 250397 02/28/2025 Rob Robinson Accounts Payable Check 101.00 250398 02/28/2025 Jennifer Topete Accounts Payable Check 1,623.00 250399 02/28/2025 Law Offices of William A Vaughn Accounts Payable Check 12,600.00 250400 02/28/2025 All American Plumbing Accounts Payable Check 414.75 250401 02/28/2025 Always Rescue Plumbing Inc Accounts Payable Check 1,395.00 250402 02/28/2025 Animal Damage Management, Inc. Accounts Payable Check 4,035.00 250405 02/28/2025 Anthony Gomes Accounts Payable Check 821.56 250406 02/28/2025 AT&T Accounts Payable Check 2,181.86
250407 02/28/2025 AT&T Accounts Payable Check 149.80
250408 02/28/2025 Dorothy June Baker Accounts Payable Check 256.65 250409. 02/28/2025 Bruce's Tire Inc Accounts Payable Check 2,365.04 250410 02/28/2025 BSK Associates Accounts Payable Check 1,433.93 250411 02/28/2025. Callander Associates Landscape Architecture, Inc. Accounts Payable Check 4,348.05 250412 02/28/2025 CEP America California Accounts Payable Check 1,286.00 250413 02/28/2025 Core Business Interiors Accounts Payable Check 18,697.25 250414 02/28/2025 Comcast Accounts Payable Check 254.76 250415 02/28/2025 Copy Shipping Solutions Accounts Payable Check 728.63 250416 02/28/2025 CSMFO Accounts Payable Check 50.00
250417 02/28/2025 Cooper Chase Construction Accounts Payable Check 821.15 250418 02/28/2025 Dos Palos Publishing Company Accounts Payable Check 1,499.00 250419 02/28/2025 Fast Track Car Wash Accounts Payable Check 367.50 250420 02/28/2025 Ferguson Enterprises Inc DBA Groeniger & Company Accounts Payable Check 1,967.29 250421 02/28/2025 Gallagher Benefit Services, Inc. Accounts Payable Check 6,250.00 250422 02/28/2025 Garton Tractor Inc Accounts Payable Check 17,217.26 250423 02/28/2025 Gouveia Engineering Inc. Accounts Payable Check 433.13 250424 02/28/2025 Halcyon Creek Inc. Accounts Payable Check 187.69 250425 02/28/2025 Halo Branded Solutions Inc. Accounts Payable Check 621.33 250426 02/28/2025 Hoffman Electronic Systems Accounts Payable Check 11,692.59 250427 02/28/2025 Imperial Bag & Paper Co LLC Accounts Payable Check 419.64 250428 02/28/2025 J. Moraga Construction Accounts Payable Check 904.18 250429 02/28/2025 Kully Supply, Inc. Accounts Payable Check 300.30 250430 02/28/2025 Lions Carrier Inc. Accounts Payable Check 600.00 250431 02/28/2025 Guadalupe Lopez Valenzuela Accounts Payable Check 350.00 250432 02/28/2025 Marfab Inc Accounts Payable Check 125.85 250433 02/28/2025 Merced Truck & Trailer Inc Accounts Payable Check 214.27 ITEM 8A
9 250434 02/28/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 196.89 250435 02/28/202S Maria Trinidad Marguia-Orozco Accounts Payable Check 350.00 250436 02/28/2025 Merced County Behavioral Health & Recovery Service Accounts Payable Check 100.00 250437 02/28/2025 Memorial Hospital Los Banos Accounts Payable Check 500.00 250438 02/28/2025 O'Dell Engineering Accounts Payable Check 9,265.00 250439 02/28/2025 OSE Accounts Payable Check 860.82
2504'!Q 02/28/2025 O'Reilly Auto Parts Accounts Payable Check 412.36 250441 02/28/2025 Pitney Bowes Inc Accounts Payable Check 498.59 25044l 02/28/2025 Price Paige and Company CPA's LLP Accounts Payable Check 2S,867.00 2S0443 02/28/2025 Quad Knopf, Inc. Accounts Payable Check 1,086.43 250444 02/28/2025 Safeguard Business System, Inc. Accounts Payable Check 323.59 250445 02/28/2025 Save Mart Supermarkets Accounts Payable Check 99.21 250446 02/28/2025 Sorensens True Value Accounts Payable Check 415.10 250447 02/28/2025 Samantha Alison Tova Accounts Payable Check 350.00 250448 02/28/2025 United Site Services, Inc. Accounts Payable Check 1,817.34 250449 02/28/2025 USA Blue Book Accounts Payable Check 737.42 250450 02/28/2025 Vanir Construction Management, Inc. Accounts Payable Check 14,990.00 250451 02/28/2025 Verizon Wireless Accounts Payable Check 126.18 250452 02/28/2025 Ciby Thuruthiyil Utility Billing Check 178.49 250453 02/28/2025 George Toste Utility Billing Check 88.84 2504~ 02/28/2025 Leticia Villalvazo Utility Billing Check 74.49 250455 02/28/2025 Daniel Arzate Utility Billing Check 88.84 250456 02/28/2025 Mei H Chen Utility Billing Check 171.31 250457 02/28/2025 Steven Gallichio Utility Billing Check 131.75 250458 02/28/2025 Summer Katona Utility Billing Check 27.75 250459 02/28/2025 Joel Lorenzo Utility Billing Check 27.75 250460 02/28/2025 UC Construction Utility Billing Check 180.36 250461 02/28/2025 UC Construction Utility Billing Check 180.36 250462 02/28/2025 UC Construction Utility Billing Check 180.36 250463 02/28/2025 D.R. Horton Utility Billing Check 150.80 250467 03/05/2025 Aflac-Customer Service Accounts Payable Check 186.93 250468 03/05/2025 AFSCME District Council 57 Accounts Payable Check 1,492.43 250469 03/05/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,612.62 250470 03/05/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,917.00 250471 03/05/2025 Los Banos Police Assn Accounts Payable Check 980.00 250472 03/05/2025 Los Banos Police Assn. Accounts Payable Check 280.00 250473 03/05/2025 William McBride Accounts Payable Check 234.64 250474 03/05/2025 MissionSquare Accounts Payable Check 550.00 250475 03/05/2025 MissionSquare Accounts Payable Check 9,000.00 250476 03/05/2025 Nationwide Retirement Solutions Accounts Payable Check 3,897.49 250477 03/05/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.16 250478 03/05/2025 State Disbursement Unit Accounts Payable Check 1,211.00 250479 03/07/2025 Apex Annex Health Center, Inc. Accounts Payable Check 450.00 250480 03/07/2025 Marisol Calderon Accounts Payable Check 141.00 250481 03/07/2025 Justin Chuvichien Accounts Payable Check 106.00 250482 03/07/2025 Amanda Cobos Accounts Payable Check 141.00 250483 03/07/2025 City of Los Banos Escrow Account Accounts Payable Check 3,707.73 250484 03/07/2025 Department of the Interior, Bureau of Reclamation Accounts Payable Check 10,000.00 250485 03/07/2025 Eric Jacobo Accounts Payable Check 141.00 250486 03/07/2025 Brent Kuhn Accounts Payable Check 14,190.00 250487 03/07/2025 Liebert Cassidy Whitmore Accounts Payable Check 10,840.00 250488 03/07/2025 Memorial Hospital Los Banos Accounts Payable Check 564.80 250489 03/07/2025 Merced County Recorders Accounts Payable Check 39.00 250490 03/07/2025 PSG Fencing Corp. Accounts Payable Check 13,560.00 250491 03/07/2025 Adriana Robledo Accounts Payable Check 631.40 250492 03/07/2025 Salvador Rodriguez Accounts Payable Check 11.60 250493 03/07/2025 Sally Swanson Architects, Inc. Accounts Payable Check 5,050.00 250494 03/07/2025 Law Offices of William A Vaughn Accounts Payable Check 14,059.70 10 250495 03/07/2025 Alhambra Accounts Payable Check 8.49 250496 03/07/2025 AAA Business Supplies Accounts Payable Check 146.18 250497 03/07/202S ACRT, Inc. Accounts Payable Check 4,900.00 250498 03/07/2025 All American Plumbing Accounts Payable Check 2,354.40 250499 03/07/2025 Anderson Pump Company Inc Accounts Payable Check 3,623.82 250500 03/07/2025 Animal Damage Management, Inc. Accounts Payable Check 800.00 250501 03/07/2025 Anthony Gomes Accounts Payable Check 200.00 250502 03/07/2025 AT&T Mobility Accounts Payable Check 5,203.62 250503 03/07/2025 Backflow Apparatus & Valve Co. Accounts Payable Check 1,252.13 250504 03/07/2025 Beam Insurance Administrators LLC Accounts Payable Check 23,202.62 250505 03/07/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 365.00 250506 03/07/2025 Richard A Blak Phd Accounts Payable Check 465.00 250507 03/07/2025 Boot Barn Accounts Payable Check 351.49 250508 03/07/2025 Stericycle Inc Accounts Payable Check 230.51 250509 03/07/2025 BSK Associates Accounts Payable Check 2,952.53 250510 03/07/2025 Buy N Save Market Accounts Payable Check 175.98 250511 03/07/2025 Capital One Accounts Payable Check 598.65 250512 03/07/2025 Carollo Inc. Accounts Payable Check 7,403.00 250513 03/07/2025 Cen-Cal Air Accounts Payable Check 19,367.00 250514 03/07/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 271.85 2505l.2_ 03/07/2025 City Signs Accounts Payable Check 6,826.02 250516 03/07/2025 Coffee Break Service Inc. Accounts Payable Check 432.11 250517 03/07/2025 Comcast Accounts Payable Check 118.16 250518 03/07/2025 D & D Pest Control Accounts Payable Check 163.00 250519 03/07/2025 Division of the State Architect Accounts Payable Check 863.20 250520 03/07/2025 Donnoe & Associates, Inc. Accounts Payable Check 760.00 250521 03/07/2025 Dos Palos Publishing Company Accounts Payable Check 1,910.00 250522 03/07/2025 Fehr & Peers Accounts Payable Check 8,198.75 250523 03/07/2025 Gallagher Benefit Services, Inc. Accounts Payable Check 9,510.00 250524 03/07/2025 Gouveia Engineering Inc. Accounts Payable Check 19,102.03 250525 03/07/2025 Halcyon Creek Inc. Accounts Payable Check 3,932.54 250526 03/07/2025 Home Depot Accounts Payable Check 4,430.13 250528 03/07/2025 Ingraham Trophies Accounts Payable Check 158.44 250529 03/07/2025 JB Anderson Land Use Planning Accounts Payable Check 1,672.50 250530 03/07/2025 J.J.R. Enterprises Inc. Accounts Payable Check 143.97 250531 03/07/2025 Marfab Inc Accounts Payable Check 1,481.30 250532 03/07/2025 McNamara Sports Inc Accounts Payable Check 2,499.95 250533 03/07/2025 Metropolitan Transportation Commission Accounts Payable Check 3,500.00 250534 03/07/2025 Mid-Valley Disposal LLC Accounts Payable Check 302,525.01 250535 03/07/2025 Marysol Martinez Accounts Payable Check 600.00 250536 03/07/2025 NON International LLC Accounts Payable Check 11,471.71 250537 03/07/2025 OSE Accounts Payable Check 80.22
250538 03/07/2025 O'Reilly Auto Parts Accounts Payable Check 481.10 250539 03/07/2025 PG&E Company Accounts Payable Check 137,247.77 250540 03/07/2025 Pace Supply Corp. Accounts Payable Check 2,114.32 250541 03/07/2025 Pitney Bowes Inc Accounts Payable Check 199.35 250542 03/07/2025 Precision Civil Engineering, Inc Accounts Payable Check 1,265.00 250543 03/07/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 33,628.12 250544 03/07/2025 Protech Security & Electronics, Inc. Accounts Payable Check 132.00 250545 03/07/2025 Quad Knopf, Inc. Accounts Payable Check 920.40 250546 03/07/2025 Razzari Ford Accounts Payable Check 761.56 250547 03/07/2025 Reliance Standard Life Insurance Company Accounts Payable Check 6,646.11 250549 03/07/2025 SJVAPCD Accounts Payable Check 143.00 250550 03/07/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 4,936.02 250551 03/07/2025 Safety-Kleen Systems, Inc. Accounts Payable Check 61.20 250552 03/07/2025 Save Mart Supermarkets Accounts Payable Check 125.09 250553 03/07/2025 Sherwin Williams Co Accounts Payable Check 961.17 250554 03/07/2025 Robert & Susan Hansen Accounts Payable Check 1,222.32 11 250555 03/07/2025 Sorensens True Value Accounts Payable Check 927.69 250557 03/07/2025 Stantec Consulting Services, Inc. Accounts Payable Check 8,309.50 250558 03/07/2025 Superior Pool Products, LLC Accounts Payable Check 18,009.25 250559 03/07/2025 SWRCB Accounting Office Accounts Payable Check 673.00 250560 03/07/2025 The Ed Jones Company Accounts Payable Check 1,103.73 250561 03/07/2025 TraffiCalm Systems, LLC Accounts Payable Check 2,292.45 250562 03/07/2025 Uline, Inc. Accounts Payable Check 1,196.63 250563 03/07/2025 United Rotary Brush Corp. Accounts Payable Check 11,067.98 250564 03/07/2025 United Site Services, Inc. Accounts Payable Check 1,950.59 250565 03/07/2025 Verizon Wireless Accounts Payable Check 1,681.09 250566 03/07/2025 Williams Scotsman, Inc. Accounts Payable Check 4,686.94 250567 03/07/2025 Willdan Engineering Accounts Payable Check 31,326.00 250568 03/07/2025 Windecker Inc Accounts Payable Check 29,543.63 250569 03/07/2025 Young's Air Conditioning Accounts Payable Check 868.00 250570 03/07/2025 Carlos Sandoval Ramos Utility Billing Check 17.11 250571 03/07/2025 lrlanda Narcenia Fuentes Perez Utility Billing Check 121.11 250572 03/07/2025 Yueh Hung Utility Billing Check 185.65 250573 03/07/2025 Craig & Craig Prof. Services, Gina Utility Billing Check 124.69 250574 03/07/2025 MHP Builders Inc Utility Billing Check 158.39 250575 03/07/2025 Mike Elward Utility Billing Check 75.87 250576 03/07/2025 Sean Michael Cintas Utility Billing Check 82.59 250577 03/07/2025 Paola Centeno Utility Billing Check 90.59 250578 03/07/2025 MHP Builders Inc Utility Billing Check 170.81 250579 03/07/2025 D.R. Horton Utility Billing Check 167.28 250580 03/07/2025 D.R. Horton Utility Billing Check 164.03 250581 03/07/2025 Rosalva Oregon Maciel Utility Billing Check 200.00 Break in check sequence due to the following: Payment Type Check #250353 - #250383 (Payroll} Regular Checks 191 1,173,047.86 Check #250403 - #250404 (Manual Void) Manual Voids 5
Check #250464 - #250466 (Payroll) Voided Checks 0
Check #250527 (Manual Void) 1,173,047.86
Check #250548 (Manual Void)
Check #250556 (Manual Void)
Check #250582 (Payroll}
12 CITY OF LOS BANOS

ADJOURNED CITY COUNCIL MEETING MINUTES
JANUARY 8, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:01 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert - District 1, Deborah Lewis - District 4, Mayor Michael Amabile, District 2- vacant, District 3- vacant; ABSENT: None
STAFF MEMBERS PRESENT: Acting Police Chief Melden, City Attorney Vaughn, City Manager Pinheiro, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Public Works Director/City Engineer Heim, Financial Consultant Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

ITEM 8B
13 CONDUCT INTERVIEWS FOR FILLING THE LOS BANOS CITY COUNCIL MEMBER VACANCIES IN DISTRICTS 2 & 3 AND SELECT ONE APPLICANT TO FILL EACH VACANT CITY COUNCIL SEAT: CITY COUNCIL RESOLUTION NO. 6866 -

APPROVING AN APPOINTEE TO THE LOS BANOS CITY COUNCIL TO SERVE THE REMAINING TERM OF THE DISTRICT 2 SEAT ON THE LOS BANOS CITY COUNCIL; CITY COUNCIL RESOLUTION NO. 6867 -APPROVING AN APPOINTEE TO THE LOS BANOS CITY COUNCIL TO SERVE THE REMAINING TERM OF THE DISTRICT 3 SEAT ON THE LOS BANOS CITY COUNCIL. Mayor Amabile spoke to the process that the City Council has gone through to get to this interviewing step, the Council really appreciates all those willing to serve and if you aren't selected remember that there are many vacancies on city commissions and do not get discouraged if you are not selected.

City Attorney Vaughn presented the staff report which explained on the preferred method of voting that was decided on at your last meeting and the process moving forward with the interview process.

Starting with District 2 Interviews. City Clerk Mallonee pulled names to set the order in which the candidates will be interviewed as follows: 1. Refugio Llamas, 2. Cody Camacho, 3. Abel Molina, 4. Evan Sanders.

They each came forward to give their opening statement and responded to the following questions as read by City Clerk Mallonee: 1. What do you feel would be the most important economic catalyst for Los Banos moving forward? 2. How does a strong local business community make Los Banos a better place to live? 3. What are your thoughts on creating a sense of community pride in Los Banos? 4. Why should you be chosen to represent your District and what do you hope to accomplish as a council representative for our District? 5. What do you feel is the biggest challenge facing Los Banos, and how do you feel it should be addressed? 6. What od you feel is the best reason someone would want to move to Los Banos and why?
City Clerk Mallonee handed out the first-round ballots for voting and City Attorney Vaughn read the rules to follow: Each Council Member shall vote for their two first place applicants from the full list of applicants, each Council Member must vote for two applicants.

City Clerk Mallonee read the votes aloud: Council Member Lewis voted for Refugio Llamas & Evan Sanders, Mayor Amabile voted for Refugio Llamas & Evan Sanders.

There was a discussion between Council Member Lambert and City Attorney Vaughn as he only wanted to vote for one person. Mr. Lambert wanted to go with the alternative 1 of voting that he chose. Council Member Lambert voted for Abel Molina.

City Clerk Mallonee tallied the votes: Refugio Llamas= 4 votes, Evan Sanders= 4 votes, Abel Molina = 2 votes, Cody Camacho = 0 votes.

The three applicants with votes advanced to the next round.

City Clerk Mallonee handed out the second-round ballots for voting and City Attorney Vaughn read the rules to follow: Each Council Member shall rank by written ballot three (3) applicants in order of preference. Each Council Member must select three (3) different applicants. The applicants will be assigned a point value: 3 points for 1st choice, 2 points for 2nd choice, 1 point for 3rd choice. The applicant who receives the most postings will 14 be selected. Council Member Lambert stated that he will still only vote for one person.

Council Member Lewis stated that we all voted and agreed as to what the process would be, if one Council Member decides to not follow the process his vote should not count.

Council Member Lambert stated that he did not agree with process and wants to stay with the alternative he preferred and will only rank one person. City Attorney Vaughn stated that it skews the voting if you don't vote for three, at the last meeting it was decided that this was the process and alternative that the Council chose to follow and he should honor that and go forward with the vote. Council Member Lambert wants to stick with the Alternative 1 that he wanted in the beginning. City Attorney Vaughn stated that if Council Member Lambert does not want to participate in the voting process chosen, then it invalidates your vote altogether. Mayor Amabile was concerned that allowing Council Member Lambert to only vote for one will allow a tie vote. City Attorney Vaughn spoke to the voting process and how Council Member Lambert must vote for three or not vote at all. Council Member Lewis agrees with what Mr. Vaughn has stated and Mr. Lambert still wants to only vote for one as it was mentioned that the process could be changed. Mr.

Vaughn stated that he finds it unacceptable that you are not following the agreed upon voting process and calls into mind the validity of the vote and he should conform to what was agreed to by the group. Mayor Amabile suggested each Council Member vote for 1 person and Council Member Lewis disagreed that we are giving into 1 person not complying with the process, either they comply or they don't get vote. Mr. Lambert feels that the citizens should be allowed to make the decision. Mayor Amabile would like to find a way to allow Mr. Lambert to vote for. Council Member Lewis stated that there were a few things that didn't happen the way she voted for and doesn't want to give in because Council Member Lambert wants his way, this is why city government doesn't work well when people don't want to follow the rules, its not fair to the Council or the citizens, we agreed on a process and we need to move forward with it. Council Member Lambert reminded everyone that he did not agree with this option last week but went with it because it was what you guys wanted.

City Clerk Mallonee read the votes aloud: Council Member Lewis voted for Refugio Llamas - 3 points, Evan Sanders - 2 points and Abel Molina - 1 point; Mayor Amabile voted for Evan Sanders - 3 points, Refugio Llamas - 2 points, Abel Molina - 1 point, Council Member Lambert voted Refugio Llamas - 1 point, Evan Sanders - 2 points, Abel Molina - 3 points.

City Clerk Mallonee tallied the votes: Refugio Llamas = 6 points, Evan Sanders = 7 points, Abel Molina = 5 points. Evan Sanders is declared the applicant to fill the vacancy in District 2.

Continuing with District 2 Interviews. City Clerk Mallonee pulled names to set the order in which the candidates will be interviewed as follows: 1. Miguel Alejandre, 2. Steven Nunes, 3. Marcus Chavez, 4. Erasmo Viveros, 5. Sybil Halloran.

They each came forward to give their opening statement and responded to the following questions as read by City Clerk Mallonee: 1. What do you feel would be the most important economic catalyst for Los Banos moving forward? 2. How does a strong local business community make Los Banos a better place to live? 3. What are your thoughts on creating a sense of community pride in Los Banos? 4. Why should you be chosen to represent your District and what do you hope to accomplish as a council representative for our District? 5. What do you feel is the biggest challenge facing Los Banos, and how 15 do you feel it should be addressed? 6. What do you feel is the best reason someone would want to move to Los Banos and why?
City Clerk Mallonee handed out the first-round ballots for voting and City Attorney Vaughn read the rules to follow: Each Council Member shall vote for their two first place applicants from the full list of applicants, each Council Member must vote for two applicants.

City Clerk Mallonee read the votes aloud: Council Member Lewis voted for Erasmo Viveros & Marcus Chavez, Mayor Amabile voted for Marcus Chavez & Sybil Halloran, Council Member Lambert voted for Steven Nunes & Sybil Halloran.

City Clerk Mallonee tallied the votes: Erasmo Viveros = 2 votes, Marcus Chavez = 4 votes, Steven Nunes = 2 votes, Miguel Alejandre - 0 votes, Sybil Halloran - 4 votes.

Four applicants with votes advanced to the next round.

City Clerk Mallonee read the votes aloud: Council Member Lewis voted for Marcus Chavez - 3 points, Sybil Halloran - 2 points and Erasmo Viveros - 1 point; Mayor Amabile voted for Marcus Chavez - 3 points, Sybil Halloran - 2 points, Erasmo Viveros - 1 point, Council Member Lambert voted Steven Nunes - 3 point, Sybil Halloran - 2 points, Marcus Chavez - 1 point.

City Clerk Mallonee tallied the votes: Erasmo Viveros = 2 points, Marcus Chavez = 7 points, Seven Nunes = 3 points, Sybil Halloran = 6 points. Marcus Chavez is declared the candidate to fill the vacancy in District 3.

Mayor Amabile thanked all the applicants again and reminded them that there are vacancies on different city commissions and to consider applying for those.

Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6866 - Approving an Appointee [EVAN SANDERS] to the Los Banos City Council to Serve the Remaining Term of the District 2 Seat on the Los Banos City Council. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6867 - Approving an Appointee [MARCUS CHAVEZ] to the Los Banos City Council to Serve the Remaining Term of the District 3 Seat on the Los Banos City Council. The motion carried by the affirmative action of all Council Members present.

ADMINISTRATION OF OATHS OF OFFICE TO NEWLY APPOINTED COUNCIL MEMBERS IN DISTRICTS 2 & 3: COUNCIL MEMBER EVAN SANDERS - DISTRICT 2: COUNCIL MEMBER MARCUS CHAVEZ - DISTRICT 3. City Clerk Mallonee 16 administered the Oaths of Office to Evan Sanders, Council Member - District 2 and then to Marcus Chavez, Council Member - District 3.

ADJOURNMENT. The meeting was adjourned at 8:42 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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18 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JANUARY 15, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:01 p.m.

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

Before roll call Mayor Amabile read a resignation letter from Council Member Lambert dated January 15, 2025 and effective immediately. which is on file with the City Clerk.

None
STAFF MEMBERS PRESENT: Acting Police Chief Melden, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Public Works Director/City Engineer Bergson, Fire Chief Tualla CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Chavez to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: PROCLAMATIONS RECOGNIZING MEMBERS OF CITY COMMITTEE/COMMISSIONS: DAVID ANDERSON - AIRPORT ADVISORY

COMMISSION MEMBER, LARRY LEONARDO -AIRPORT ADVISORY COMMISSION

MEMBER, ELDRIDGE JOHNS - MEASURE H CITIZENS' OVERSIGHT COMMITTEE

MEMBER, LETTY GUERRA - MEASURE H CITIZENS' OVERSIGHT COMMITTEE

MEMBER, MICHAEL AMABILE - MEASURE H CITIZENS' OVERSIGHT COMMITTEE

MEMBER, TIM MCNALLY - MEASURE P COMMITTEE MEMBER, BRAD GARGANO - PARKS & RECREATION COMMISSION MEMBER, SHEMAR PIERCE - PARKS &

RECREATION COMMISSION MEMBER, GARY MUNOZ - PARKS & RECREATION

COMMISSION MEMBER, KATHERINE UHLEY - PLANNING COMMISSION

MEMBER, ELIAS REYES - PLANNING COMMISSION MEMBER, TOM KALJIAN - TREE COMMISSION MEMBER, MARY ACCARDO - TREE COMMISSION MEMBER; PROCLAMATION - RECOGNIZING REVEREND DR. MARTIN LUTHER KING, JR.

DAY. Mayor Amabile presented the proclamations to those that were present to accept, 19 as follows: Brad Gargano and Elias Reyes. Pastor Steve Hammond was present to accept the Martin Luther King, Jr. Day proclamation.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. RAUL GRANILLO, Pastor of Mercey Springs Church, stated that he likes coming to the Council Meetings to see what is happening and he likes to speak words of encouragement, spoke to how we sometimes cause problems by being righteous instead of being part of the solution, how we shut our ears to what needs to be heard, compromising is important and means that the team agrees to take a path that may not be the one a single person needs to take, to not follow the rules is not to compromise it is a division, how the Council must work as a team and once you agree on something you are to follow the decision agreed upon and if you do not do that you harm this entire community, you may not always agree and how diverse voices is what makes this process amazing; KATHY BALLARD, commended our new Council and spoke to the resignation of Mr. Pinheiro and because of the prior Council it has cost the City a lot of money, over $2 million to one person is just not right, no amount of tree trimming and improving parks was worth that, how more and more citizens are becoming involved in what the Council is doing, she hopes it continues and the public is allowed to voice their concerns again at Council Meetings; STEVE HAMMOND thanked the Council for recognizing Martin Luther King Jr. Day and invited the community to come down and celebrate on Monday at 10:00 a.m.; JULIE CREIGHTON spoke to the change of events and how she needs to reformulate what she wishes to state, she welcomed Mr. Chavez and Mr. Sanders to the City Council and how she is recommending Mr. Leyva for the vacant council seat, it is unfortunate that we lost another Finance Director who was there less than a month, we need to figure out why we can't hang on to Finance Directors and why prior ones stated many years, we need to find out why this is all happening, we need an actual employee of the city and is dedicated and has a vested interest, happy to see that we are going to have a new atmosphere up here, a group of us has been fighting for openness and more transparency for a few years and hope that happens. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis, seconded by Chavez to approve the consent agenda as follows: Check Register for #249362 - #249432 in the Amount of $199,861.40; City Council Resolution No 6868 - Accepting the Monroe Avenue Waterline Replacement Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No 6869 - Accepting the West I Street Sewer Lift Station Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No 6870 - Accepting the Animal Shelter Building Project as Complete and Authorizing the Filing of a Notice of 20 Completion with the Merced County Recorder. The motion carried by the affirmative action of all Council Members present.

APPOINTMENT OF MEMBERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION, THREE (3) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2026; PLANNING COMMISSION, ONE (1) FOUR (4) YEAR TERM IN DISTRICT 4- EXPIRING DECEMBER 31, 2028. Motion by Lewis, seconded by Sanders to appoint Dave Anderson and James Davis to the Airport Advisory Commission for a two-year term expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Chavez to appoint Gregory Hicks to the Planning Commission - District 4 for a four-year term expiring December 31, 2028. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. {THREE REPORTS). Community & Economic Development Director Souza Elms reported that there will be three Public Hearings at the Planning Commission on January 22, 2025: to consider a Categorical Exemption from the CEQA and a Mobile Food Vendor Permit #2024-07 to allow the operation of a mobile food vending vehicle on private property for Ivan Gonzalez dba La Jalisciense 2, located at 402 Washington Ave, APN 026-062-006; to consider a Categorical Exemption from the CEQA and Site Plan Review #2025-01 for the proposed six shade said canopies requested by the City of Los Banos Parks & Recreation Division to be located at 515 Stonewood Drive (Ranchwood Park), 226 Citrus Avenue (Citrus Park), 1055 W. I Street (Big Page Park), 2600 Wood Duck Drive (Meadowlands I Park), and 254 Santa Ana Street (David Park); and to consider recommending to the City Council an Annexation of approximately 180-acres located on APNS 082-020-024, 424-010-003, 424-010-004, and 073-220-014 to construct a basin for the purposes of surface and storm water capture as well as for incidental groundwater recharge, the basin would provide multiple benefits in terms of storage, incidental recharge, and re-regulation of various City and Grasslands Water District water sources and possess a combined storage capacity of 500 AF.

CITY MANAGER REPORT. Mayor Amabile read a statement regarding City Manager Pinheiro's resignation. The City thanks Mr. Pinheiro for his dedicated service and progress to the City and the citizens of Los Banos and wishes Mr. Pinheiro well in his future endeavors

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

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Mayor Amabile reported that there is a MCAG meeting tomorrow in Merced at 3 pm and he will report on that at the next meeting. No report for PCE, Measure V, there is a SJVAPCD meeting tomorrow, and we need to appoint a representative to the LBPBID.
21 CITY COUNCIL MEMBER REPORTS:

DEBORAH LEWIS - DISTRICT 4: Thanked Kathy Uhley for her 4 years of service on the Planning Commission for District 4, she did an excellent job and appreciated all the talent she brought to that position and in turn welcomed Mr. Hicks to the Planning Commission. Ms. Lewis stated that she is requesting that an item be brought forward to change the ordinance back to how it used to be to reflect the vote to terminate a city manager be by a majority vote, not the 5-0 vote that it was changed to.

DISTRICT 1: Vacant {Kenneth Lambert resigned prior to the meeting].

EVAN SANDERS - DISTRICT 2: Thanked Mayor Amabile, Council Member Lewis and City Attorney Vaughn for supporting me and stated that the is looking forward to do his part for the citizens, spoke about how he visited the animal shelter and looks forward to meeting residents in the city and in his district, how he has his social media up on Facebook and lnstagram, and reminded people jokingly that he is not always angry this it's just the face he has.

MARCUS CHAVEZ - DISTRICT 3: Thanked Mayor Amabile and Ms. Lewis for their support, he does not take this lightly being on the City Council, spoke to how he got to tour the animal shelter and shooting range, took a tour of the Police Department, there is a lot of stuff that we need to do, like visit and meet the different departments and hear about things that need to get done, visited the Community Center on Saturday and encouraged the community to reach out to him about items at Council Meetings, and he joking said that he's not mad either that's just how he looks too and for the citizens to feel free to visit any time with him.

MICHAEL S. AMABILE - MAYOR: Asked Fire Chief Tualla to speak about the Fire Department team that has been deployed out at the Easton fire in the Los Angeles area for which Chief Tualla spoke to, reminded all that our Fire Stations here in Los Banos continue to be fully staffed and things are good right now.

City Attorney Vaughn explained how the city will handle the resignation of Council Member Lambert and how the Government Code does not allow a majority of the City Council be appointed, the City Clerk and I are reaching out to the Merced County Election Department to gather information to figure out the dates available and next steps required.

Mayor Amabile stated that there are election options available to the City Council that they need decide on and reminded all a that there are still vacancies on the City's various commissions and encouraged all to apply.

CLOSED SESSION - PUBLIC EMPLOYMENT; TITLE: ACTING/INTERIM/CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957(8). Before going into closed session, Mayor Amabile explained the reasoning behind Acting and Interim City Manager and a permanent City Manager.
22 Mayor Amabile stated that action was taken by a vote of 4-0 to prepare and advertise an Request for Proposals (RFP) for a recruitment firm to conduct a search to fill the City Manager position.

Mayor Amabile stated that action was taken by a 4-0 vote that Fire Chief Paul Tualla be appointed the position of Acting City Manager, effective January 16, 2025.

ADJOURNMENT. The meeting was adjourned at 7:43 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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24 CITY OF LOS BANOS

SPECIAL CITY COUNCIL MEETING MINUTES
FEBRUARY 3, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 3:00 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Acting City Manager/Fire Chief Tualla.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Deborah Lewis, Mayor Michael Amabile, District 2 - vacant, District 3 - vacant; Absent: None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Acting City Manager/Fire Chief Tualla CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Sanders to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. Mayor Amabile opened the public forum and invited the public to come forward to speak. No one came forward to speak and the public forum was closed.

CLOSED SESSION: PUBLIC EMPLOYMENT; TITLE: INTERIM CITY
MANAGER/CITY MANAGER. PURSUANT TO GOVERNMENT CODE SECTION 54957(8 ); TITLE: CITY MANAGER. Mayor Amabile stated direction was given to staff, no decision made tonight.

ADJOURNMENT. The meeting was adjourned at 6:22 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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26 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
FEBRUARY 5, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:02 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1- vacant; ABSENT: None
STAFF MEMBERS PRESENT: Acting City Manager/Fire Chief Tualla, Acting Police Chief Melden, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Public Works Director/City Engineer Bergson, Finance Consultant Kuhn
CON SI DE RATION OF APPROVAL OF AGENDA: Motion by Chavez, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS - CITY COUNCIL RESOLUTION NO. 6871 - A RESOLUTION OF COMMENDATION TO KENNETH LAMBERT: CERTIFICATE OF RECOGNITION - CARLOS CAMPOS, PACHECO HIGH SCHOOL: CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR JANUARY 2025 - JEREMY STERLING, CODE ENFORCEMENT OFFICER / POLICE DEPARTMENT. Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6871 -A Resolution of Commendation to Kenneth Lambert. The motion carried by the affirmative action of all Council Members present. Mayor Amabile spoke to Mr. Lamberts 4 years of service and all that he did for the City.

Mayor Amabile presented the certificate to Mr. Campos who was in attendance to acceptance and he then spoke regarding his running program.

Mayor Amabile presented the certificate to Mr. Sterling who was in attendance to accept.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO 27 ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. BLANCHE JORGE shared her experience of helping search for a lost dog and praised the efforts of the Police Department, Animal Shelter, and staff, encouraging continued support for the shelter. AMANDA REESE, a 15-year resident, raised concerns about immigration, specifically asking about the city's plans regarding ICE and the lack of Latino representation on the city council. She also inquired about the status of a previous request to have a police academy in Spanish. VANESSA BARAJAS, a representative for Esmeralda Soria, highlighted resources available to residents, including OMV assistance and mobile office visits, and thanked the Housing staff. She also mentioned that Soria secured $1 million for the Colorado Ballpark project.

IVANI MOLE, a 17-year resident, echoed concerns about ICE, emphasizing the anxiety it causes and asking for clarity on the city's stance and its plans regarding ICE enforcement. LAMONT GOLDSTEIN, a small business owner, expressed frustration about the homeless situation near his business on G Street, citing theft, crime, and safety issues. He requested a fence for his property to improve security, similar to those installed at other city properties. JOHN FULTON, a 30-year resident, thanked the city for allowing him to continue his bird count at the \NWTP and shared his findings. KATHY BALLARD raised concerns about the city's Mobile Food Ordinance, particularly issues with bathrooms, permanent structures, and food vendors operating outside the designated hours. CAMI AVELLAR, a 25-year resident, asked for updates on the progress of Shaunessey Park and De Anza Way, expressing frustration over the lack of improvements. PAUL RI MASO, a member of the Carpenters Union, advocated for higher labor standards in city development projects, urging the city to ensure responsible contractors and fair wages. GREG HOSTETLER expressed interest in improving Shaunessey Park, De Anza, and the Pioneer Corridor. He also offered to donate land for a regional park and suggested developers should contribute more to the city. An UNNAMED PERSON shared frustrations about the town's progress and homelessness, offering support for a more unified community and sharing personal challenges in building a business. Mayor Amabile addressed the $1 million homeless grant, emphasizing the city's commitment to valuing all people. Acting Police Chief Melden commented on ICErelated concerns, referencing a recent LBPD statement and clarifying the role of law enforcement. The meeting highlighted a range of concerns, from public safety and homelessness to development and immigration, with a focus on community engagement and city improvements. Mayor Amabile reiterated the city's commitment to valuing everyone, emphasizing inclusivity and respect for all members of the community, regardless of their background or status. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Sanders requested that items 78 - Second Quarter Investment Report for 2024/2025, 7E - City Council Resolution No 6872 -Authorizing the Acting City Manager to Execute a Purchase Agreement with Motorola Solutions for Motorola APX 8000 Radios in the Amount of $312,765.05, Item 7F - City Council Resolution No 6873 - Accepting the 2025 Street 28 Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder be removed from the Consent Agenda for questions.

Item 7B - Second Quarter Investment Report for 2024/2025. Council Member Sanders inquired as to how do we characterize this in terms of financial health for which Financial Consultant Kuhn responded that we are up in the 1-2% of cities this size, as with a lot of agencies, the yield curve has been inverted and has continued up to this point and how that could possibly change in the future.

Item 7E - City Council Resolution No 6872 - Authorizing the Acting City Manager to Execute a Purchase Agreement with Motorola Solutions for Motorola APX 8000 Radios in the Amount of $312,765.05. Council Member Sanders stated that this wasn't in the budget and is curious why we are investing in new ones, for which Acting City Manager/Fire Chief Tualla explained that some radios are 20 years old and the new ones will last for many years. Mr. Sanders stated that the number of radios does not match the number of employees, why not a full set for which Mr. Tualla explained that the priority now is the Police Department. Council Member Lewis noted that they are demo radios and what is the warranty for which Mr. Tualla said same as the new ones would be, 3- year warranty with significant savings and he really appreciates staff's efforts on making this happen.

Item 7F - City Council Resolution No 6873 - Accepting the 2025 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Council Member Sanders stated that it looked like we went over the 10% contingency and there was no approval for the added budget expense for which Public Works Director/City Engineer Bergson stated that it is common practice is to go up to 25% of contract price, the practice here has been to ask for 10% with the industry standard is 25%. Council Member Lewis noted that there have been 3 change orders, adding pavement to the animal shelter lot and wondered did it come to Council for approval, the animal shelter project was at 25% and couldn't do any more and how the contractor ended up doing it, what budget did the street repairs come out of for which Financial Consultant Kuhn explained that ARPA funds covered the costs. Council Member Sanders stated that there were two projects, paving of streets and animal shelter project ran out of funds so money was used from streets project and it sounds like you ran out of money for one project and when you ran out of money you used a different project to pay for it, for which Parks & Recreation Director Heim explained that there is the budget appropriation for the animal shelter, what occurred was they strategical used another contract to pay for the same work at the animal shelter, in response Mr. Sanders asked if that was normal practice and Mr. Kuhn stated that is was not common to do that.

Ms. Lewis stated that what she is hearing tonight we had the purchase of the building and improvements approved but the paving of the street there did not come back to Council for approval, and how moving forward this council is going to be a bit more precise to do these types of things, for which Mr. Kuhn responded that in terms of the fiscal impact it was okay. Council Member Chavez stated that walking through the animal shelter it seems like a lot of money was spent and for not much in return. Mayor Amabile stated 29 that this whole project was done last year and appreciates all that staff has done and that this Council looks at things differently than the Council did last year.

Motion by Chavez, seconded by Sanders to approve the consent agenda as follows:

Check Register for #249433 - #249726 in the Amount of $3,273,104.04; Second Quarter Investment Report for 2024/2025; Minutes for the January 2, 2025 City Council Meeting; Minutes for the January 8, 2025 Special City Council Meeting; City Council Resolution No 6872 - Authorizing the Acting City Manager to Execute a Purchase Agreement with Motorola Solutions for Motorola APX 8000 Radios in the Amount of $312,765.05; City Council Resolution No 6873 - Accepting the 2025 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. The motion carried by the affirmative action of all Council Members present.

PENINSULA CLEAN ENERGY PRESENTATION. Community & Economic Development Director Souza Elms presented the staff report, introducing Shawn Marshall, CEO Of Peninsula Clean Energy (PCE) who spoke in more detail to what PCE offers the City of Los Banos and those in the JPA.

Council Member Lewis inquired as to when you say battery components, what does that mean for which Ms. Marshall explained that batteries are paired with solar instillation so that you can store the energy for future use. Ms. Lewis asked about upgrading appliances and how residents can apply for only electric, Ms. Marshall said that PCE only offers electric only. Ms. Lewis asked who get the income from the charging stations for which Ms. Marshall responded that PCE does not and they work with a provider to offer up the installation for a minimal charge and the fee is passed off to the tenant, for the public facility there is no surcharge. Ms. Lewis wanted to confirm that the 10% discount is available to all of our customers for which Ms. Marshall said yes. Mayor Amabile encouraged all to check out the PCE website and take advantage of the discount.

APPROVAL OF RESPONSE LETTERS FROM THE LOS BANOS CITY COUNCIL AND

THE ACTING CITY MANAGER REGARDING MERCED COUNTY CIVIL GRAND JURY FINAL REPORT 2023-2024 REGARDING THE AMERICAN RESCUE PLAN ACT (ARPA}. Acting City Manager Tualla presented the staff report. City Attorney Vaughn spoke in more detail to the grand jury report and the reason behind the responses regarding ARPA funding and the proposed letters, findings and recommendations.

Council Member Sanders inquired as to the follow-up process that each business had to go through for which Community & Economic Development Director Souza Elms responded each business had to attest that they spent the money as promised. Mr.

Sanders inquired as to if any money was returned for which Ms. Souza Elms stated that the Elks Lodge returned their check. Financial Consultant Kuhn explained that this was more of a revenue replacement program, how the calculation was done, and was a spending priority approved by Council. Mr. Sanders speaking about the RAD Card and what happened to the funding for which Mr. Kuhn explained, noting that the funds need to be spent by year end 2026 and will be discussed when mid-year is brought to Council. 30 Motion by Lewis, seconded by Chavez to authorize the Acting City Manager and the Mayor on behalf of the Los Banos City Council to execute the attached two letters to the Honorable Steven K. Slocum Presiding Judge, Superior Court of California, County of Merced, responding to the Merced County Civil Grand Jury Final Report 2023-2024 regarding the American Rescue Plan of 2021 (ARPA). The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF ORDINANCE NO. 1206 - AMENDING SECTION 2-3.126 OF ARTICLE 1 CHAPTER 3 TO TITLE 2 OF THE LOS BANOS MUNICIPAL CODE RELATING TO CITY MANAGER (FIRST READING & INTRODUCTION}. City Attorney Vaughn presented the staff report.

Council Member Lewis stated that she is glad to see this cleanup language and that we don't have to worry about this anymore, as the City seeks to look for a new City Manager.

Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1206 -Amending Section 2-3.123 of Article 1 Chapter 3 to Title 2 of the Los Banos Municipal Code Relating to City Manager. The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1206 - Amending Section 2-3.123 of Article 1 Chapter 3 to Title 2 of the Los Banos Municipal Code Relating to City Manager. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Mayor Amabile; NOES: None; ABSENT: None.

CONSIDERATION OF OPTIONS TO FILL THE CITY OF LOS BANOS COUNCIL MEMBER VACANCY IN DISTRICT 1. City Attorney Vaughn presented the staff report.

Council Member Lewis inquired as to if the election is either in August or November, would the cost be reduced if another measure or election were added at the same time, for which Ms. Mallonee responded Yes. Mayor Amabile stated that most people are used to voting on the first Tuesday of November every year, and having the election then would likely result in better voter turnout. However, it would cost $30,000 more than an August election. Ms. Lewis added that historically, presidential elections see the highest voter participation. I'm not sure there will be a large turnout for just one district's election, so I'm considering the cost. Council Member Chavez stated that November is the traditional voting period, and its what people are accustomed to. Council Member Sanders stated that he's been weighing both options and would like to know if the community has an opinion on this as there is value in getting their input. Ms. Lewis inquired as to how will we inform the public, especially those in District 1, that this will be on the next agenda for input and consideration.

Mayor Amabile invited the public to come forward to speak. KA THY BALLARD expressed concern about the legal timeframe to fill a vacancy, suggesting that waiting until November could be too long. She also proposed that a drop box at City Hall would make mail-in voting more financially feasible. REFUGIO LLAMAS, as a taxpayer, emphasized 31 the importance of giving voters the best opportunity to vote and supported the November election date, noting issues with mail delivery and visibility. JOHN FULTON questioned the cost of a special election, which would be 50% more expensive, especially in light of concerns about pandemics. He also observed that recent council sessions seemed timed in a way that could block people from participating, which he felt was unappreciated. He expressed support for mail-in voting given his commuting situation. CAMI AVELLAR also suggested mail or drop boxes as an option. UNNAMED PERSON highlighted the importance of notifying District 1 residents and gathering their input, suggesting that it would be in the best interest of the council. City Clerk Mallonee read a letter into the record from Alyssa Homen from District 2 shares several concerns. She thanks the local animal shelter, Feral Freedom Northern CA, and the community for their work in addressing feral cat overpopulation through the TNR (trap, neuter, release) program.

Having fixed 12 out of 15 cats in her colony and rescued 8 kittens, she urges continued funding for TNR and low-cost spay/neuter programs to prevent a resurgence of overpopulation, she also requests an update on the $11 million grant for building tiny homes for the unhoused community, asking if the funds are still available and if conditions remain unmet. She stresses the need for housing, social workers, and harm reduction services while calling for accountability for crimes committed by a small portion of the unhoused population, she voices concern over ICE raids affecting the local Hispanic community, noting fear and discrimination, including wrongful detainment of legal US citizens. She criticizes local leaders' silence and urges the mayor and council to support and stand with the Hispanic community.

Mayor Amabile suggested holding a workshop to inform potential council members about what is expected of them if elected, including the time commitment, which might be more than anticipated. City Attorney Vaughn stated that staff will advertise and post on the City's website to get the word out and ensure people are aware that you are asking for public input on the options at your next meeting.

ADVISEMENT OF PUBLIC NOTICES. (No Report).

CITY MANAGER REPORT; REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: PARKS & RECREATION DIRECTOR. POLICE CHIEF, AND COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR. Acting City Manager Tualla reported that on January 26, 2025, based upon an annual performance review by the Acting City Manager, the Police Chiefs salary will be increased to $16,453 monthly ($197,436 annually) effective November 1, 2024; on January 24, 2025, based upon an annual performance review by the Acting City Manager, the Parks & Recreation Director's salary will be increased to $11,868 monthly ($142,416 annually) effective November 16, 2024; and on January 30, 2025, based upon an annual performance review by the Acting City Manager, the Community & Economic Development Director's salary will be increased to $16,226 monthly ($195,192 annually) effective February 1, 2025. Mr. Tualla thanked the staff and Council for all the support while he is in this acting role.
32 REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Mayor Amabile reported that he had a meeting a few weeks ago with MCAG and it was time to elect a new chair for MCAG and he was elected Chair which I hope will get us some more road money, also at that meeting CalTrans went through their reports, biggest news there is plans to redo Highway 152 from Santa Fe to Volta the end of this year or next all funded through CalTrans, Waste Management Services, next meeting is February 20, 2025; there was no report for Measure V or LBDPBID. Mayor Amabile stated that he would like to appoint someone to the LBDPBID on a future agenda.

CITY COUNCIL MEMBER REPORTS:

DISTRICT 1: Vacant
EVAN SANDERS - DISTRICT 2: Asked if we can look into the homeless situation and make it better, more bathrooms, more trash pickups, help with fencing, he likes that we allowed for some extra comments during agenda items, what about allowing comments over zoom and better technology for Council Meeting and translation services, he requested a report on Shaunessy Village and de Anza to know what the facts are as it sounds like Mr. Hostetler is willing to work with us now and it would be nice to get that moving, and he noted that he will be at Rancho Mobile Home Park on Saturday to talk to residents.

MARCUS CHAVEZ - DISTRICT 3: Stated that he and Council Member Sanders attended the League of California Cities Conference and it was really helpful, he agrees with doing something for the businesses by the homeless, how he talked with staff recently about this and staff will be letting people know what's going on, would like to look into fencing, how informational postings also need to be in Spanish, inquired as to at lunch time the counter is closed from 12-1 pm and he thinks it would be helpful to be open during those hours for people wanting to take care of business during their lunch hour, and reminded all that commission applications are due February 7, 2025.

DEBORAH LEWIS - DISTRICT 4: Gave congratulations to the two new council members on your first reports, regards to our office being closed during 12-1 pm was because of COVID and she too would like to see City Hall open back up from 12-1 pm for business. Last year we had one meeting about a proposed roundabout on Highway 165 and Dove and there have been no updates and has expressed a lot of concerns, she can see some serious accidents happening, she thinks roundabouts work well in neighborhoods but not on highways, spoke to her experience with roundabouts on highways and would be in favor of paying the extra $1 million for the signal lights and would like to see an update on where Caltrans is on this project and have a workshop during the weekend hours. Now that I have the freedom I can travel around our city and has thoughts on making sure your city looks good, like how the new Starbucks has painted part of the masonry wall that is not part of their condition and we should make 33 them finish off and paint all the wall, we give too much buy-in to businesses, made mention that the Police Department is going to get an upgrade with Motorola equipment, is there other equipment that is old and needs to be replaced and is there something in our midyear that we need to consider, our primary goal is public safety for our residents, we have some real big things to consider as a Council.

Council Member Chavez stated that he agreed about the Police Department and when he was visiting and he noticed how the cameras were outdated and don't talk to other law enforcement agencies and is a huge liability and something we need to look at in the future.

MICHAEL S. AMABILE - MAYOR: Acknowledged City Treasurer Lucy Lawrence in attendance at the meeting. He stated that he too has concerns with the roundabout and the tomato trucks and how that will work, how Caltrans is looking at roundabouts everywhere, he is looking at ways to try and be more transparent on our webpage, how he will be changing the agenda and allowing public input on each item and give them people three minutes each time, he spoke about a 3-hour meeting where they talked about De Anza and Shaunessy Park and feels that we will fix that and appreciative of the willingness of Mr. Hostetler, the G Street homeless situation is an issue and the answer to G Street is that it needs to go away, no fair to the businesses there and the families there, we are holding people accountable, how he wants to do an ordinance to make it illegal for people to drop off people in our community and how he has been told that there have been buses dropping people off, and we should be able to arrest the driver and impound the bus.

Council Member Chavez spoke about roundabouts and tomato trucks and how it is not safe and mass confusion and are not designed for big trucks like that, it has been a challenge and hopes we can find solutions.

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED
REPRESENTATIVES: CITY MANAGER PINHEIRO, CITY ATTORNEY VAUGHN, HUMAN RESOURCES DIRECTOR MALLONEE, LEGAL COUNSEL TUFFO:

EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS

FIRE FIGHTERS ASSOCIATION (LBFFA), LOS BANOS POLICE

DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME,

LOS BANOS POLICE MIDDLE MANAGERS ASSOCIATION (LBPMMA) AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. Direction given to staff, no reportable action.

CLOSED SESSION - PUBLIC EMPLOYMENT: TITLE: INTERIM CITY MANAGER/CITY MANAGER. PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Mayor Amabile stated that action was taken by a 4-0 vote to appoint Gary M.

Brizzee, Jr. as Interim City Manager.
34 ADJOURNMENT. The meeting was adjourned at 10:53 p.m. to 5:00 p.m., February 10, 2025 to Consider Appointment of an Interim City Manager.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 CITY OF LOS BANOS

ADJOURNED CITY COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 5:00 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: Acting Police Chief Melden, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Chavez to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

CONSIDERATION OF INTERIM CITY MANAGER; CITY COUNCIL RESOLUTION NO. 6874 - APPOINTING GARY M. BRIZZEE, JR. AS INTERIM CITY MANAGER AND APPROVING INTERIM CITY MANAGER EMPLOYMENT AGREEMENT. Mayor Amabile invited the public to come forward to speak. No one came forward to speak.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6874 - Appointing Gary M. Brizzee, Jr. as Interim City Manager and Approving Interim City Manager Employment Agreement. The motion carried by the affirmative action of all Council Members present.

Mayor Amabile spoke to the process to appoint an Interim City Manager while the City works through the recruitment process of finding a new permanent City Manager. He 37 thanked Gary Brizzee for coming to the City's aid and accepting the Interim City Manager appointment.

ADJOURNMENT. The meeting was adjourned at 5:03 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
38 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
FEBRUARY 19, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:02 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, Acting Police Chief Melden, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Fire Chief Tualla, Public Works Director/City Engineer Bergson, Financial Consultant Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Chavez to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. CHANDRA LEWIS, a resident of Rancho Los Banos Mobile Home Park, requested several safety measures: surveillance cameras accessible to police, designating the roadway outside the property as private, banning RV and overnight parking, building a 10-foot brick sound wall around the perimeter, and adding a chain-link fence. She also asked for an expedited eviction process, oversight of the management company by a city staff member with quarterly reports to the council, and a requirement that any changes to mitigating conditions of approval require a supermajority (4/5) council vote. She called for a clear reporting process, curfew enforcement, and code enforcement inspections twice a year. Despite these requests, she maintained her opposition to the project, expressing concerns about enduring another three and a half years of mismanagement and urging the council to protect current residents from those who disregard laws; CLAUDIA NUNES, another mobile home park resident, expressed frustration and a sense of injustice, feeling that many council members dismissed 39 residents' concerns. She spoke about the financial hardships faced by seniors on social security and pleaded for the council's help, emphasizing the challenges they've endured and their need for support; LUBIDO MORENO, also a resident, praised the current safety and cleanliness of the mobile home park, contrasting it with past issues during the pandemic when homeless individuals were present. She shared fears about safety, theft, and potential exposure to drugs and inappropriate behavior if the homeless population returned. She described past incidents of crime and violence and urged the council to keep the park safe, emphasizing the need to preserve the peace they currently enjoy; MARC CICAIROS voiced strong opposition to the proposed tiny homes, citing their proximity to local schools and parks. He raised concerns about potential safety risks posed by homeless individuals with substance abuse or mental health issues and warned of the negative impact on property values. He called for increased police presence and strict enforcement of rules to protect the community; GREG HOSTETLER highlighted ongoing issues with the city's planning department, including delays and misinformation.

He criticized the lack of progress on annexing land for schools and accused the department of obstructing development. He expressed frustration over the city's refusal to invest in De Anza Park and called for greater transparency and collaboration with local businesses and developers; ERASMO VIVEROS urged the city to assess its water infrastructure in light of recent wildfires. He proposed a presentation from the fire department on water storage capacity, fire hydrant maintenance, and future preparedness. He also thanked the Mayor and Mayor Pro Tern for the opportunity to interview for the Planning Commission; SAMUEL MENDOZA described his long history of dealing with the nearby homeless encampment and criticized the lack of accountability for its residents. He noted disparities in enforcement, where local residents face penalties for minor infractions while homeless individuals often evade consequences. He called for better support for struggling families to prevent future waves of homelessness and asked what the city was doing to address the root causes of the crisis. City Clerk Mallonee read two written comments into the record: KASEY MILLER, Park Operator of Rancho Los Banos Mobilehome Park, described the severe issues residents faced when the City of Los Banos housed the homeless behind the park for three years, including crime, vandalism, violence, drugs, and fires. While she hopes the tiny home project succeeds, she's worried the park will face similar problems again and wants the city to ensure residents' safety, despite reaching out to city staff member Christy McCammond twice in early October with concerns, she has yet to receive a response, which she sees as a bad sign, she acknowledged a suggestion from Deborah Lewis to install a security gate but explained that the costs of installation and maintenance would lead to a rent increase.

Given the community's efforts to keep rent affordable, she fears higher costs would financially strain tenants, potentially forcing them to move, an outcome she calls unreasonable, she urged the city to provide clear plans for protecting the park and its residents and requested a prompt response; ALYSSA HOMEN, a District 2 resident living near Rancho Mobile and San Gabriel Apartments, supports the tiny home project but has concerns about safety. She asks if background checks will be conducted on tiny home residents to prevent sex offenders and those with violent criminal records from living nearby, especially given the many children in the area. She also agrees with a previous comment that Starbucks only painting part of its wall looks tacky and believes the entire wall should be painted. Additionally, she raises an issue with the bright lights Starbucks 40 installed, which shine into the second-story windows of nearby apartments. Although light shades have been added, the lights remain too bright, and she feels the height of the lights didn't take into account the people living on the other side of the wall. Mayor Amabile acknowledged residents' concerns and stated that the city is constrained by state regulations, which require fairness in addressing these issues. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull items 6B - City Council Resolution No 6875 -Accepting the Community Center Perimeter Fence Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder and 6F - City Council Resolution No 6879 -Adopting the Multijurisdictional Local Roadway Safety Plan (LRSP) for questions.

Item 6B - City Council Resolution No 6875 -Accepting the Community Center Perimeter Fence Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Council Member Lewis inquired as to why the bids were rejected the first time for which Parks & Recreation Director Heim explained it was rejected because of available funding and something they didn't want to pursue at that time.

Item 6F - City Council Resolution No 6879 - Adopting the Multijurisdictional Local Roadway Safety Plan (LRSP}. Council Member Lewis stated that this report encumbrances a lot of information with Merced County, what is in our packet is for Los Banos and she is concerned about a roundabout being proposed at Dove and we've only had one community meeting and would like to see some of the outreach meetings on the weekends, there was great opposition for roundabouts at Highway 165 and people were more in favor or a four-way stop sign, the proposal for in ground signalization which is quite dangerous, she is okay with roundabouts in a residential area but not on a highway it gets really difficult especially in the dark, there was supposed to be other meetings for our community but it has been quite some time and would like to see something scheduled again and the community needs to have more input on what they want, especially when it comes to roundabouts. Public Works Director/City Engineer Bergson spoke to the LRSP presented and that this action makes the roads eligible for funding and options to roundabouts and other improvements he would recommend that we keep all of our streets eligible for extra funds and this is not specific and commits us to any improvements, they are just suggestions. Mayor Amabile agreed that he sees a need for community meetings on this before decisions are made and the roundabout at Volta Rd being funded by Caltrans is of concern. Council Member Lewis also spoke to the costs of the projects and she would rather see the community safer not what is a cost saver, have more community meetings before decisions are made.

Mayor Amabile thanked Blanche Jorge and the Elks Club for the grant funding at the Animal Shelter.
41 Motion by Chavez, seconded by Sanders to approve the consent agenda as follows:

Check Register for #249727 - #249956 in the Amount of $994,028.81; City Council Resolution No 6875 - Accepting the Community Center Perimeter Fence Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No 6876 - Accepting the Three City-Owned Parking Lot Improvement Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No 6877 - Accepting Grant Deed for a 1 O' Public Utility Easement Dedication of Approximately 1,309 Square Feet of Land Along a Portion of Frontage for Lot #40 at the Corner of Pajaro Drive and Summit Drive in the Subdivision The Villages VII Phase 1 B, Unit 1 and Authorizing the Interim City Manager to Execute the Associated Documents; City Council Resolution No 6878 - Approving the Acceptance of a $3,500 Elks Lodge Gratitude Grant and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues int eh Amount of $3,500 for the Los Banos Animal Shelter; City Council Resolution No 6879 -Adopting the Multijurisdictional Local Roadway Safety Plan (LRSP).

The motion carried by the affirmative action of all Council Members present.

MID VALLEY DISPOSAL PRESENTATION & ANNOUNCEMENT OF RECYCLER OF THE YEAR. Public Works Director/City Engineer Bergson presented the staff report, introducing Billie Hansen, Recycling Programs Manager of Mid Valley Disposal who introduced her team with her: Jay, Rick, Marisa, Federico, Teresa other staff in attendance. She gave an update which included a PowerPoint presentation. Ms. Hansen announced that Juliana's Bakery was named Recycler of the Year.

Mayor Amabile inquired as to what is the future of containers, can they be locked and then automatically unlocked with some type of a device; Jay stated that there is locking carts that is used in bear country and they are three times the cost and 75% working mechanism, most communities manage scavenging through enforcement. Council Member Lewis stated that she is really happy about the service provided to Los Banos and how you are handling our recycling, how is Los Banos doing, for with Billie responded that Los Banos is doing really well, the city is taking an active approach to contamination, and wanting to put things in the right containers, she feels the city is doing fantastic. Ms.

Lewis stated sometimes people think that animal waste is organic and it is not and wonders if we have a large problem with that for which Billie stated the top contamination is from plastic bags, extra garbage going into other cans, in the recycling bin the top contaminates are film plastic, recyclables, Styrofoam.

This was an informational item only, no action taken.

CONSIDERATION OF OPTIONS FOR CALLING A SPECIAL ELECTION TO FILL THE VACANCY CREATED BY COUNCIL MEMBER LAMBERT'S RESIGNATION: CITY COUNCIL RESOLUTION NO. 6880 - CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD BY {All Mail Ballot on Tuesday, August 26, 2025 OR Mail and In Person Ballot on Tuesday. November 4, 20251 TO

FILL A VACANCY CREATED BY THE RESIGNATION OF COUNCIL MEMBER

LAMBERT, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF 42 CALIFORNIA RELATING TO GENERAL LAW CITIES. City Attorney Vaughn presented the staff report.

Mayor invited the public to come forward and speak. KA THY BALLARD stated that she is a major tightwad, she thought they had to be placed by certain time and she was wrong, the sooner you have a representative the better, so she would appreciate the sooner election with mail only. Mayor Amabile stated that one letter was received supporting the November date and it is posted on the City's website.

Council Member Lewis stated that some people think that people's right to vote is being taken away be not being allowed to go to the polls, how this is going to be a rare special election and not taking away anyone's option to vote, the August election will be all mail with drop off at city hall option, but not allow poll voting. She doesn't really see why we need to have this extra expenditure for almost $30,000 to conduct this vote when it could cost the city less for a mail in ballot; she hopes the ballots will be turned in and is in favor of the August date and financially makes sense for our city. Council Member Chavez agree with what she is saying and he has heard from various folks about this, if we can get the seat filled sooner it will help prevent ties, we would like to keep things moving and get the seat filled sooner rather than later. Council Member Sanders feels we should go with the August date and wanted public input to see if he would change his mind. Mayor Amabile added that it is going to be a low turnout in August, not voting for a president is a lower turnout, he just likes the November date better but can't disagree with what they are all saying.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6880 - Calling and Giving Notice of the Holding of a Special Election to be Held by A// Mail Ballot on Tuesday, August 26, 2025 to Fill a Vacancy Created by the Resignation of Council Member Lambert, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF A CENTRAL CALIFORNIA ALLIANCE FOR HEAL TH (CCAH) AWARD AGREEMENT AND BUDGET AMENDMENT; CITY COUNCIL RESOLUTION NO 6881 - AUTHORIZING THE CITY MANAGER TO EXECUTE THE CENTRAL

CALIFORNIA ALLIANCE FOR HEAL TH AGREEMENT AND APPROVE A BUDGET AMENDMENT. Community & Economic Development Director Souza Elms presented the staff report, and introduced Housing Manager McCammond who spoke detail to the CCAH, which included a PowerPoint presentation.

Council Member Chavez stressed the importance of finding solutions to help people feel safe, acknowledging that while nobody wants this development near them, the priority must be doing what's right. Council Member Sanders pointed out that there is no budget allocated for services. Housing Program Manager McCammond confirmed this but added that the ERF does allow funding for certain services, asked if adding eight more beds would overburden staff, and Mc. McCammond reassured him that it would not. Mr.

Chavez asked if the funds could be used to help keep other citizens safe. Ms. 43 McCammond clarified that the ERF funds are strictly for capital costs but suggested opening up a conversation with Alliance to explore possibilities within the budget. Council Member Lewis asked whether the criteria for capital costs had been provided. Ms.

McCammond said they hadn't yet but expressed a desire to discuss what the funds could cover. Ms. Lewis raised a concern about the number of bathrooms in three-bedroom units, noting a discrepancy. Ms. McCammond confirmed there would be two bathrooms per unit. Ms. Lewis asked for clarification on the definition of a household. Ms.

McCammond explained that, under HUD's definition, households can be assembled and do not need to be related. Ms. Lewis hoped careful consideration would be given to matching households to avoid potential issues. Ms. Lewis also noted the funding sources, $11 .9 million from non-Alliance funds and $1.3 million in general fund leverage. She asked whether the grant required residents to be medically eligible. Ms. McCammond clarified that this requirement only applies to the units attached to the Alliance grant and that the developer must comply with those conditions, including a veterans' preference.

Mr. Chavez asked about the limits on regulating resident eligibility. Ms. McCammond explained that the criteria are modeled on Section 8 and state guidelines.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No 6881 - Authorizing the City Manager to Execute the Central California Alliance for Health Agreement and Approve a Budget Amendment. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF A DISPOSITION, DEVELOPMENT, AND LOAN AGREEMENT

AND RELATED INSTRUMENTS, INCLUDING A REGULATORY AGREEMENT, WITH

ANABASIS LLC FOR THE ONE TREE VILLAGE PERMANENT SUPPORTIVE HOUSING PROJECT: CITY COUNCIL RESOLUTION NO. 6882 - AUTHORIZING THE

EXECUTION OF A DISPOSITION, DEVELOPMENT, AND LOAN AGREEMENT AND

RELATED INSTRUMENTS, INCLUDING A REGULATORY AGREEMENT, WITH

ANABASIS, LLC FOR THE ONE TREE VILLAGE PERMANENT SUPPORTIVE HOUSING PROJECT; CITY COUNCIL RESOLUTION NO. 6883 - DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY

OWNED BY THE CITY IS EXEMPT SURPLUS LAND FOR PURPOSES STATED

HEREIN, AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Housing Manager McCammond presented the staff report, which included a PowerPoint presentation.

Adam Connor, CEO of Anabasis, discussed the mission and work of the company, particularly in managing facilities like this one. He emphasized their goal of working closely with law enforcement while maintaining some discretion regarding coordinated entry, though there are certain limitations. He also mentioned speaking with Ms. Lewis from Rancho Homes and shared that Anabasis currently has two projects underway in Merced and Atwater. While some may mistake these developments for tiny homes, they are actually apartment-style residences. Adam highlighted that the Anabasis team brings significant experience in property development.
44 Mayor Amabile noted that the residents at Rancho Mobile Homes have been through a lot, and it's important to ensure their well-being. Council Member Chavez asked whether support would be provided to help residents keep their Section 8 vouchers. Housing Program Manager McCammond explained that staff does what they can to assist with this. Council Member Lewis asked about funding for landscaping and supportive services, noting the $1.4 million budget, and asked how long that funding would last. Mr.

Connor explained that it would cover a 36-month period and confirmed that solar panels are included in the project. Ms. Lewis also asked what long-term services would be available, and Adam replied that county services would be provided. When Lewis questioned the $473,000 contingency fund and who would be responsible if the money runs out, Mr. Connor clarified that the responsibility lies with the developer to address any shortfall. Ms. Lewis inquired about a project timeline, and Mr. Connor mentioned that it could move forward once necessary processes were completed. Community & Economic Development Director Souza Elms explained that it would go through the entitlement process and be treated like other multi-family developments. Mr. Connor added that there would be a landscaping service contract. Ms. Lewis asked about the construction of a masonry wall, and Mr. Connor expressed confidence that the additional walls could be built as planned. Council Member Sanders asked about security measures, and Mr.

Connor said they hope to set up surveillance cameras with a direct feed to the LBPD, similar to their approach in Merced. The surveillance would cover the entire facility. Ms.

Lewis brought up two property locations, 125 E 13th Street and 73 S R Street, and Mr.

Connor confirmed those sites and offered to take interested parties on a tour.

Mayor Pro Tern Lewis invited the public to come forward to speak. INAUDIBLE NAME, expressed concern about the high construction costs compared to alternatives like prefab homes and worried about long-term maintenance and landscaping expenses; INAUDIBLE NAME, questioned the developer's lack of experience and noted that progress on similar projects had been slow in the Bay Area. No one else came forward to speak.

Ms. Lewis asked Ms. McCammond to address security measures and project timelines for which she mentioned that good neighbor meetings were happening and that the team had visited residents, though it sounds like they may have missed some calls. Mr. Connor shared that Anabasis consists of four team members with substantial development experience.

Motion by Sanders, seconded by Amabile to adopt City Council Resolution No. 6882 - 6882 - Authorizing the Execution of a Disposition, Development, and Loan Agreement and Related Instruments, Including a Regulatory Agreement, with Anabasis, LLC for the One Tree Village Permanent Supportive Housing Project. Council Member Chavez voted No and Council Member Lewis abstaining as she is not sure that this pencils out for the City and.

Ms. Lewis asked whether HUD requirements differ, and Ms. McCammond explained that they are standard nationwide, for which Ms. Souza Elms noted that the prefab construction would allow the project to move quickly and stay within the grant's timelines 45 and constraints. Ms. Lewis raised concerns about potential financial difficulties, Mr.

Connor reassured her that they had built a robust contingency and that the project costs are 30% lower than hotel conversions and 50% cheaper than tax credit projects, while still exceeding affordable housing standards. Mr. Amabile asked about the timeline for using State funds, and Ms. McCammond confirmed the deadline is June 30, 2025. Ms.

Lewis expressed ongoing concerns about future residents and the impact on those currently living in Rancho Mobile Homes and asked City Attorney Vaughn about potential restrictions, for which he and Bill explained that any restrictions must not be discriminatory. Ms. Souza Elms clarified that ERF guidelines had been approved in October 2024. Mr. Vaughn confirmed that Ms. Lewis's abstention didn't affect the vote's outcome, and the 2-1 vote passed. Ms. McCammond provided more detail on the Section 8 vouchers and the support available for residents.

At 9:03 p.m., Mayor Amabile called for a 10-minute recess. At 9:16 p.m. the meeting reconvened.

Mr. Chavez requested to change his vote after listening to the discussion and gaining a better understanding of the issues. Mr. Vaughn addressed what the City's rules allow regarding vote changes. Ms. Lewis reiterated that her main concern is the safety of the community and the need to follow the state grant's rules, particularly how they affect the housing element. She asked staff to clarify the type of residents who could be housed there and emphasized the importance of working closely with staff to ensure the Rancho Mobile Home community remains safe and secure without feeling pressured by the ongoing developments. She also noted that case management services would be provided in perpetuity. After hearing these assurances and having her concerns addressed, Lewis stated that she was willing to change her vote to a yes.

Motion by Sanders, seconded by Amabile to adopt City Council Resolution No. 6882 - Authorizing the Execution of a Disposition, Development, and Loan Agreement and Related Instruments, Including a Regulatory Agreement, with Anabasis, LLC for the One Tree Village Permanent Supportive Housing Project. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: None.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6883 - Declaring Pursuant to Government Code Section 54221 that Real Property Owned by the City is Exempt Surplus Land for Purposes Stated Herein, and Finding that Such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act. The motion carried by the affirmative action of all Council Members present.

COLORADO BALLPARK PROJECT UPDATE; CITY COUNCIL RESOLUTION NO. 6884 - APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2024, SCHEDULE (1 )(C) $1.000,000 SHALL BE AVAILABLE FOR

THE CITY OF LOS BANOS, COLORADO BALLPARK RENOVATION AND ADA UPGRADES. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation.
46 Mayor Amabile began by asking if the skate park on the map is located where it stands today, to which Mr. Heim clarified that it is actually situated to the south of the map's depiction. Moving on to funding, Mr. Amabile inquired if the $7 million allocated for park development comes from the General Fund or specific park funds and Financial Consultant Kuhn confirmed that these funds are dedicated entirely to park development.

Council Member Sanders questioned whether the $7.5 million in the park fund is the total amount available and Mr. Heim confirmed this, noting that additional funds are collected over the years. Mr. Sanders asked how long it had taken to accumulate these funds, Mr.

Heim estimated approximately 6 years. Mr. Sanders also raised the idea of spreading park investments across multiple locations rather than concentrating them all in one park, and Mr. Kuhn explained that many parks have already been integrated into existing developments.

Mr. Heim requested Council input on whether all funds should be directed toward the Colorado Park. Mr. Sanders suggested that a splash pad at Pacheco Park would be more beneficial than a ballpark at Colorado, and Mr. Heim mentioned a conceptual plan for the splash pad discussed in March, with an estimated cost of $13-17 million. Mr. Kuhn added that the park development fund is particularly useful for matching funds when applying for grants. Mr. Heim confirmed that a conceptual plan is needed when applying for grants, though some flexibility exists. Council Member Lewis reminded the Council that they had previously requested a splash pad at Pacheco Park but expressed a strong preference for keeping it a baseball park. She also asked whether environmental testing was required for the project, and Mr. Heim confirmed that topographic and geotechnical tests had been completed with no issues .. Mr. Heim stated that the project must go before the Merced County Airport Land Use Commission for approval. Ms. Lewis suggested reallocating leftover pickleball funds toward this project, while Mr. Kuhn reminded the Council that ARPA funds need to be spent by the end of the year and would cover the project's initial costs. Ms. Lewis also asked whether the eliminated tennis courts would be replaced, and Mr. Heim indicated that this could be considered. Mr. Amabile inquired about the timeline for the pickleball courts' construction, and Mr. Heim stated that the notice to proceed would be issued that week, with groundbreaking expected in a few weeks. Ms. Lewis noted that local developers had approached the Council about building a regional park and she expressed a desire to keep the park a dedicated baseball facility and replace the splash pad with additional features like a picnic area. Mr. Sanders and Ms. Lewis both emphasized the importance of a more centralized location for the splash pad rather than placing it in a remote area. Council Member Chavez asked if changing the water feature would affect funding, and Mr. Amabile recalled his involvement in creating the skate park, forming a committee for it during his previous tenure as Mayor.

Mayor invited the public to come forward and speak. BLANCHE JORGE lives in the general area on West J Street, she also works with children in the area, originally when this was spoken about the skateboarders were included and there is a lot of children that don't have a lot of access to recreational activities that live in the area of Colorado Ball Park, to have a little bit of something for the kids that don't have much and wants to speak up for the neighborhood children, that neighborhood park has not been improved for some time, please think of the children. No one else came forward to speak. 47 Mayor Amabile stated that when he was growing up in Los Banos we had a swimming pool, there was plans for one in back in 2006 and would like to still see that happen.

Council Member Lewis asked what the next steps were and Mr. Heim stated that he will take the comments received and have community meeting to get more input before moving forward .

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6884 - Approving Application(s) for Specified Grant Funds from the Budget Act of 2024, Schedule (1)(C) $1,000,000 Shall be Available for the City of Los Banos, Colorado Ballpark Renovation and ADA Upgrades. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF AN ANNEXATION OF APPROXIMATELY 170-ACRES TO CONSTRUCT A BASIN

FOR THE PURPOSES OF SURFACE AND STORM WATER CAPTURE AS WELL AS FOR INCIDENTAL GROUNDWATER RECHARGE. AS PART OF THE PROJECT, A

GENERAL PLAN AMENDMENT IS PROPOSED TO CHANGE THE LAND USE

DESIGNATION FROM AGRICULTURAL/RURAL TO CIVIC/INSTITUTION TO

REFLECT THE INTENDED USE OF THE SITE AS A PUBLIC WATER MANAGEMENT FACILITY. ADDITIONALLY, THE PROPERTY IS PROPOSED TO BE PRE-ZONED AS PUBLIC FACILITY TO ALIGN WITH THE PLANNED USE. THE PROJECT SITE IS LOCATED ON MERCED COUNTY ASSESSOR'S PARCEL NUMBER(S): 082-020- 024, 424-010-004, AND 073-220-014; CITY COUNCIL RESOLUTION NO. 6885 - APPROVING THE ANNEXATION OF APPROXIMATELY 170-ACRES AND A

GENERAL PLAN AMENDMENT FROM AGRICULTURAL/RURAL TO CIVIC INSTITUTIONAL FOR THE OLD SANTA FE GRADE BASIN PROJECT; ORDINANCE NO. 1207 - AMENDING THE ZONING MAP TO PRE-ZONE APPROXIMATELY 170

ACRES LOCATED BETWEEN THE SAN LUIS CANAL AND THE SANTA FE CANAL, MERCED COUNTY, CALIFORNIA1 FROM COUNTY GENERAL AGRICULTURAL (A1) TO PUBLIC FACILITY (PF) TO BE ANNEXED INTO THE CITY OF LOS BANOS.

Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Council Member Lewis inquired if the MOU with Grasslands Water District is for division of water and does this include any costs for us to develop this, for which Mr. Bergson responded yes, it does involve Grasslands and there is a draft MOU that is being brought to Council next month for consideration. Ms. Lewis asked if we will share the cost of the application water fee, for which Ms. Souza Elms responded no that is the City's cost.

Mayor Amabile opened the public hearing. BLANCHE JORGE stated that you need to bring back Wild on the Wetlands again; INAUDIBLE NAME asked what is the purpose of this, is it for the city to have more water. No one came forward to speak and the public hearing was closed.

Mr. Bergson explained the need for water and how the basin gives us more flexibility. 48 Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 6885 - Approving the Annexation of Approximately 170.:Acres and a General Plan Amendment from Agricultural/Rural to Civic Institutional for the Old Santa Fe Grade Basin Project.

The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Lewis to waive the first reading of Ordinance No. 1207 - Amending the Zoning Map to Pre-Zone Approximately 170 Acres Located between the San Luis Canal and the Santa Fe Canal, Merced County, California, From County General Agricultural (A-1) to Public Facility (PF) to be Annexed into the City of Los Banos.

The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Lewis to introduce Ordinance No. 1207 - Amending the Zoning Map to Pre-Zone Approximately 170 Acres Located between the San Luis Canal and the Santa Fe Canal, Merced County, California, From County General Agricultural (A-1) to Public Facility (PF) to be Annexed into the City of Los Banos. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Mayor Amabile; NOES:

None; ABSENT: None.

CONSIDERATION OF APPROVAL OF A TENTATIVE AGREEMENT (TA) /

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF LOS BANOS AND THE LOS BANOS POLICE MIDDLE MANAGERS' ASSOCIATION (LBPMMA); CITY COUNCIL RESOLUTION NO. 6887 - APPROVING A TA / MOU BY AND

BETWEEN THE CITY OF LOS BANOS AND THE LBPMMA FOR THE TIME PERIOD OF FEBRUARY 16, 2025- JUNE 30, 2027; CITY COUNCIL RESOLUTION NO. 6888 - AMENDING DIVISION 4, SALARY SCHEDULE - EMPLOYEE CLASSIFICATIONS RELATING TO CHANGES TO SECTION G - POLICE. Interim City Manager Brizzee presented the staff report and gave an oral report for executive compensation making note that this new LBPMMA MOU contain the changes to compensation for the Police Commanders, effective February 16, 2025, as follows: the salary schedule for Police Commanders will be increased by a Cost of Living Adjustment (COLA) of one-quarter percent (0.25%) and an equity adjustment of 6.2%, Incumbents will be placed in the adjusted salary step that is the closest step to their salary step prior to application of the equity adjustment, which does not represent a reduction in pay, such adjustment may result in employees being placed in a lower salary step, but shall not result in a reduction in pay; Police Commanders will receive a lump sum payment of $3,050 as nondiscretionary incentive to ratify the agreement; Effective July 1, 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by a COLA of 3%; effective July 1, 2026, the salary schedules for job classifications represented by the bargaining unit will be increased by a COLA of 3%; Effective February 16, 2025, certificate pay for Commanders who possess a Peace Officer Standards and Training (POST) Advanced Certificate will increase from $225 per month to $400 per month, and for who possess a POST Supervisory Certificate will increase from $275 per month to $500 per month; effective in 2025, employees may make a written, irrevocable election in December to cash out vacation to be accrued the following calendar year of up to one hundred twenty (120) hours, and effective February 16, 2025, management leave for Police Commanders will increase from 40 hours per year to 48 hours per year. 49 Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6887 - Approving a TA/ MOU by and between the City of Los Banos and the LBPMMA for the Time Period of February 16, 2025- June 30, 2027. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6888 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section G - Police. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF APPROVAL OF A TENTATIVE AGREEMENT (TA) /

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF LOS BANOS AND THE LOS BANOS POLICE OFFICERS' ASSOCIATION (LBPOA); CITY COUNCIL RESOLUTION NO. 6889 -APPROVING A TA/ MOU BY AND BETWEEN THE CITY OF LOS BANOS AND THE LBPOA FOR THE TIME PERIOD OF JULY 1, 2024 - JUNE 30, 2027; CITY COUNCIL RESOLUTION NO. 6890 - AMENDING DIVISION 4, SALARY SCHEDULE - EMPLOYEE CLASSIFICATIONS RELATING TO CHANGES TO SECTION G - POLICE. Interim City Manager Brizzee presented the staff report.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6889 - Approving a TA / MOU by and between the City of Los Banos and the LBPOA for the Time Period of July 1, 2024-June 30, 2027. The motion carried by the affirmative action of all Council Members present.

Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6890 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section G - Police. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6891 - AMENDING DIVISION 4, SALARY SCHEDULE - EMPLOYEE CLASSIFICATIONS

RELATING TO CHANGES TO SECTION A - ADMINISTRATION, SECTION B -

FINANCE, SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT, SECTION D -

PUBLIC WORKS, SECTION E - PARKS & RECREATION, SECTION F - FIRE &

BUILDING, AND SECTION G - POLICE FOR UNREPRESENTED MISCELLANEOUS EMPLOYEES. Interim City Manager Brizzee presented the staff report and gave an oral report for executive compensation making note that this item includes changes to compensation for the Assistant Fire Chief, Assistant Public Works Director, and Human Resources Director, effective February 16, 2025, as follows: the salary schedule will be increased by a Cost of Living Adjustment (COLA) of one-quarter percent (0.25%) and an equity adjustment of 8.95% for Assistant Fire Chief, 7.5% for Assistant Public Works Director, and 15.23% for Human Resources Director, Incumbents will be placed in the adjusted salary step that is the closest step to their salary step prior to application of the equity adjustment, which does not represent a reduction in pay, such adjustment may 50 result in employees being placed in a lower salary step, but shall not result in a reduction in pay.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6891 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section A - Administration, Section B - Finance, Section C - Community & Economic Development, Section D - Public Works, Section E - Parks & Recreation, Section F - Fire & Building, and Section G - Police for Unrepresented Miscellaneous Employees.

The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF ORDINANCE NO. 1206 - AMENDING SECTION 2-3.126 OF ARTICLE 1 CHAPTER 3 TO TITLE 2 OF THE LOS BANOS MUNICIPAL CODE RELATING TO CITY MANAGER (SECOND READING & ADOPTION). City Attorney Vaughn presented the staff report.

Motion by Lewis, seconded by Sanders to waive the second reading of Ordinance No. 1206 - Amending Section 2-3.123 of Article 1 Chapter 3 to Title 2 of the Los Banos Municipal Code Relating to City Manager. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Sanders to adopt Ordinance No. 1206 -Amending Section 2-3.123 of Article 1 Chapter 3 to Title 2 of the Los Banos Municipal Code Relating to City Manager. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Mayor Amabile; NOES: None; ABSENT: None.

APPOINTMENT OF A CITY COUNCIL MEMBER TO THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT BOARD {LBDPBID); CITY COUNCIL RESOLUTION NO. 6892 - APPOINTING [TO BE NAMEDI TO REPRESENT

THE CITY OF LOS BANOS ON THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT BOARD. Community & Economic Development Director Souza Elms presented the staff report.

Motion by Amabile, seconded by Chavez to adopt City Council Resolution No. 6892 - Appointing Council Member Deborah Lewis to Represent the City of Los Banos on the Los Banos Downtown Property and Business Improvement District Board. The motion carried by the affirmative action of all Council Members present.

APPOINTMENT OF MEMBERS TO THE FOLLOWING COMMISSIONS: PARKS & RECREATION COMMISSION, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2026; PLANNING COMMISSION, ONE (1) UNEXPIRED TERM IN DISTRICT 3 - EXPIRING DECEMBER 31 , 2026; PLANNING COMMISSION, ONE (1) TWO (2) YEAR AT-LARGE - EXPIRING DECEMBER 31 , 2026. Motion by Amabile, second by Sanders to appoint Sybil Halloran and Brad Gargano to the Parks & Recreation Commission to a Two (2) Year Terms - Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present. 51 Motion by Amabile, seconded by Chavez, to appoint Steven Nunes to the Planning Commission to an Unexpired Term in District 3 - Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present.

Motion by Amabile, seconded by Lewis, to appoint William McBride to the Planning Commission to Two (2) Year At-Large Term - Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (No Report).

CITY MANAGER REPORT: REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: FIRE CHIEF. Interim City Manager Brizzee thanked Council for letting him serve as Interim City Manager, spoke to how tonight's meeting was a great example of how we get business done here at the City, we have a large list of #1 priorities, appreciates all the department heads for the support and they are part of the reason why he was excited to take this job, how the homeless encampment is a priority that staff is focused on, there was a cleanup today and changes happening out at the encampment commending all the work and effort by city staff, how tonight's ERF project was a great example of the hard work that our homeless team is doing, how back in 2023 when the homeless division was created we stole Ms.

McCammond from her prior employer to come work for us, she is a great addition to the management team, the modernizing rehabilitation of city hall project, creating a path forward for the portables and the annex across the street from city hall, the animal shelter upgrades, street paving improvements, focus on staff recruitment and retention, how all city staff do fun and exciting things every day and he is proud to be part of the team and can't thank you enough for the opportunity.

Interim City Manager Brizzee reported that on February 14, 2025, based upon an annual performance review by the Interim City Manager, the Fire Chiefs salary will be increased to $16,719 monthly ($200,628 annually) effective November 1, 2023.

CITY COUNCIL MEMBER REPORTS:

EVAN SANDERS - DISTRICT 2: Spoke to how he asked at the last council meeting about the traffic issues on DeAnza, appreciate staff getting back to me and answering all my emails, happy to close the loop on all the Police Department negotiations, we want to retain people from leaving the city, and his concerns with the homeless encampment situation and appreciates the City putting a focus on this.

MARCUS CHAVEZ - DISTRICT 3: Thanked to Gary Brizzee for helping us out as Interim City Manager and Lucy Mallonee and all the staff for helping me out, glad we were able to work things out and get employee's pay settled, almost done and is glad to get it all done.

DEBORAH LEWIS - DISTRICT 4: Thanked her colleagues for nominating her to the downtown committee, give a great shout out to Lucy Mallonee, Human Resources 52 Director and our negotiating attorney Kelly Tuffo for all their work in getting agreements with the various unions, apologized to our employees for it taking so long, appreciates Interim City Manager Brizzee and the work he is doing and making it all happen, spoke to homeless encampment concerns and structures being built out there by the homeless, would it require a city ordinance to limit what comes into those encampments, she really appreciates all the work all employees are doing.

DISTRICT 1: Vacant
MICHAEL S. AMABILE - MAYOR: Stated that tomorrow is the next MCAG meeting and will discuss what is going on with that when he comes back, he thanked staff for all their work, this time around its a lot more work with a lot of new requirements of the state, appreciate all of staff and Interim City Manager Brizzee for all that he is doing, how he will be on vacation for the next meeting, it's been a long night and appreciative to what got done tonight.

ADJOURNMENT. The meeting was adjourned at 10.54 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
53 THIS PAGE IS INTENTIONALLY LEFT BLANK
54 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
MARCH 5, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Pro Tern Lewis called the City Council Meeting to order at the hour of 6:10 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, District 1 - vacant; ABSENT: Mayor Michael Amabile
STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, Acting Police Chief Melden, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Assistant Fire Chief Dorenbush, Public Works Director/City Engineer Bergson CONSIDERATION OF APPROVAL OF AGENDA: Motion by Chavez, seconded by Sanders to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Amabile absent.

PRESENTATIONS; PROCLAMATION RECOGNIZING ARBOR DAY; CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR FEBRUARY 2025 - TRISHA

SOVA, ADMIN CLERK I / COMMUNITY & ECONOMIC DEVELOPMENT
DEPARTMENT. Mayor Pro Tern Lewis presented the proclamation to Parks & Recreation Director Joe Heim who was in attendance to accept.

Mayor Pro Tern Lewis presented the certificate to Trisha Sova who was in attendance to accept.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Chavez, seconded by Sanders to approve the consent agenda as follows: Check Register for #249957 - #250351 in the Amount of $1,509,163.42; city Council Resolution No 6893 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Sec. 4003, Section G - Police Sergeants; City Council Resolution No 6894 -Approving and Adopting Final Map No. 2015-01 Southpointe at Regency Park - Phase 11A and Accompanying Subdivision (Stonefield Home, Inc.). The motion carried by the affirmative action of all Council Members present, Amabile absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF AN ANNEXATION OF APPROXIMATELY 170-ACRES TO CONSTRUCT A BASIN

FOR THE PURPOSES OF SURFACE AND STORM WATER CAPTURE AS WELL AS FOR INCIDENTAL GROUNDWATER RECHARGE. AS PART OF THE PROJECT. A

GENERAL PLAN AMENDMENT IS PROPOSED TO CHANGE THE LAND USE

DESIGNATION FROM AGRICULTURAL/RURAL TO CIVIC/INSTITUTION TO

REFLECT THE INTENDED USE OF THE SITE AS A PUBLIC WATER MANAGEMENT FACILITY. ADDITIONALLY, THE PROPERTY IS PROPOSED TO BE PRE-ZONED AS PUBLIC FACILITY TO ALIGN WITH THE PLANNED USE. THE PROJECT SITE IS LOCATED ON MERCED COUNTY ASSESSOR'S PARCEL NUMBER(S): 082-020- 024, 424-010-004, AND 073-220-014; ORDINANCE NO. 1207 - AMENDING THE ZONING MAP TO PRE-ZONE APPROXIMATELY 170 ACRES LOCATED BETWEEN

THE SAN LUIS CANAL AND THE SANTA FE CANAL, MERCED COUNTY, CALIFORNIA, FROM COUNTY GENERAL AGRICULTURAL (A-1) TO PUBLIC FACILITY (PF) TO BE ANNEXED INTO THE CITY OF LOS BANOS. Community & Economic Development Director Souza Elms presented the staff report.

Mayor Pro Tern Lewis opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Sanders, seconded by Chavez to waive the second reading of Ordinance No. 1207 - Amending the Zoning Map to Pre-Zone Approximately 170 Acres Located between the San Luis Canal and the Santa Fe Canal, Merced County, California, From County General Agricultural (A-1) to Public Facility (PF) to be Annexed into the City of Los Banos. The motion carried by the affirmative action of all Council Members present, Amabile absent.
56 Motion by Sanders, seconded by Chavez to adopt Ordinance No. 1207 - Amending the Zoning Map to Pre-Zone Approximately 170 Acres Located between the San Luis Canal and the Santa Fe Canal, Merced County, California, From County General Agricultural (A-1) to Public Facility (PF) to be Annexed into the City of Los Banos. The motion carried by the following roll call vote: AYES: ; NOES: ABSENT: Amabile.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6895 - AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO

THE LEASE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND THE

CENTRAL CALIFORNIA IRRIGATION DISTRICT FOR THE ADDITION OF SOLAR LIGHTS ALONG THE H.G. FAWCETT CANAL TRAIL Parks & Recreation Director Heim presented the staff report.

Council Member Sanders inquired if this grant covers the whole cost of the project, for which Parks & Recreation Director Heim explained the cost and funding of the project.

Council Member Lewis stated that this lease with CCID is only until 2029, are there any concerns that they won't renew the lease with us, at first it was a 25 year lease and then a 10 year lease, do you anticipate that they will renew the lease and at what length and how did this get included in our Parks Master Plan for which Mr. Heim explained how the canal trail was included in the Park Master Plan and spoke to how we don't own the canal property but he does anticipate that this relationship on the canal trail to continue as it has been a successful partnership and mutually beneficial in that we maintain the trail for CCID and our citizens use it, he spoke to the past renewals and why he thinks it was only renewed at 10 years, ideally we would like to keep the canal trail lease, and the City has invested in improvements. Ms. Lewis inquired as to if this will come back to Council with renditions of what it will look like and reminded him to be mindful of the residents that have homes and windows on the canal and to make sure that lights are not too bright or troublesome for any of the residents on the trail.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6895 - Authorizing the Interim City Manager to Execute Addendum No. 1 to the Lease Agreement between the City of Los Banos and the Central California Irrigation District for the Addition of Solar Lights Along the H.G. Fawcett Canal Trail. The motion carried by the affirmative action of all Council Members present, Amabile absent.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6896 - RESCINDING CITY COUNCIL RESOLUTION NO. 6678 - AS IT PERTAINS TO DIVISION 1, SEC. 1019 OF THE CITY'S POLICY & PROCEDURES MANUAL REGARDING AT-WILL MIDDLE MANAGERS. Human Resources Director Mallonee presented the staff report. Interim City Manager Brizzee giving an oral report for executive compensation made note that effective February 16, 2025, Middle Manager positions designated as at-will upon hire or promotion into the position on or after September 1, 2023 will no longer be designated at-will. Employees will be subject to probationary periods from date of hire or promotion as required by the personnel rules. 57 Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6896 - Rescinding City Council Resolution No. 6678 - As it Pertains to Division 1, Sec. 1019 of the City's Policy & Procedures Manual Regarding At-Will Middle Manager. The motion carried by the affirmative action of all Council Members present, Amabile absent.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6897 - AMENDING DIVISION 5, PERSONNEL BENEFITS AS IT PERTAINS TO SEC. 5007-

PEACE OFFICERS STANDARDS AND TRAINING (POST) CERTIFICATE INCENTIVE PAY AND SEC. 5011 - ADMIN LEAVE FOR MANAGEMENT AND MIDDLE MANAGEMENT EMPLOYEES. Human Resources Director Mallonee presented the staff report. Interim City Manager Brizzee giving an oral report for executive compensation made note that effective February 16, 2025, certificate pay for a Police Chief who possesses a Peace Officer Standards and Training (POST) Advanced Certificate will increase from $225 per month to $400 per month; certificate pay for a Police Chief who possesses a POST Supervisory Certificate will increase from $275 per month to $500 per month; management leave for Department Heads will increase from 80 hours per year to 96 hours per year; management leave for Assistant Department Heads will increase from 40 hours per year to 48 hours per year.

Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6897 - Amending Division 5, Personnel Benefits as it Pertains to Sec. 5007 - Peace Officers Standards and Training (POST) Certificate Incentive Pay and Sec. 5011 - Admin Leave for Management and Middle Management Employees. The motion carried by the affirmative action of all Council Members present, Amabile absent.

APPOINTMENT OF MEMBERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION, ONE (1) TWO (2) YEAR TERM - EXPIRING DECEMBER 31, 2026; MEASURE H CITIZENS' OVERSIGHT COMMITTEE, THREE (3} TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2026. Motion by Chavez, second by Sanders to appoint Larry Leonardo to the Airport Advisory Commission to a Two (2) Year Terms - Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present, Amabile absent.

Motion by Sanders, seconded by Chavez, to appoint Kathy Ballard & Refugio Llamas to the Measure H Citizens' Oversight Committee to a Two (2) Year Term - Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present, Amabile absent.

ADVISEMENT OF PUBLIC NOTICES. (No Report).

CITY MANAGER REPORT; REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: HUMAN RESOURCES DIRECTOR. Interim City Manager Brizzee reported that in accordance with City Council action at their February 19, 2025 meeting where salary ranges were increased for Department Heads, this is to report that the Human Resources Director's salary will be increased to $15,145 monthly ($181,740 annually) effective February 16, 2025. 58 He encouraged all to come out and join us for the Arbor Day event on Friday and how he appreciates all the things that staff does for the City and also thanked the Council for their support.

CITY COUNCIL MEMBER REPORTS:

MARCUS CHAVEZ - DISTRICT 3: Reported that they have been interviewing people for the Measure H Committee, how he, Mayor Amabile and Council Member Lewis went to tour Camarena Health nice facility and it is very nice, congrats on pickle ball court grand opening, how the tiny homes developer met with the mobile home park and he heard that went well, new people have been appointed to the Planning Commission and welcomed them, how he will be reading at Grasslands Elementary this week, thanked Interim City Manager Brizzee and Acting Police Chief Melden and Code Enforcement for how they have been on it and getting things squared out, met with the PCE representative about how they are billed and how it helps residents enroll and explained their services, for which he enrolled in as the benefits are many and encouraged others to look in to it also.

DISTRICT 1: Vacant
EVAN SANDERS - DISTRICT 2: Apologized for being tardy tonight, spoke to Mayor Amabile about his visit at the mobile home park as he just wants to make sure that everyone knows that he is committed to make sure that everyone feels safe and heard and their concerns are being addressed, he drove pass the homeless encampment and it looks to be getting better, it's a tough situation, would like to comment on the Southpointe item and how he would like to see medium density housing and how the low density homes take away from a more open neighborhood and something we should talk about for future developments, wanted to remind all about the community meetings parks & Recreation Department is having for the Colorado Ball Park improvements this Saturday and another next week, Friday is Arbor Day and Milliken Museum pancake breakfast, it would be interesting to hear more on the BASS project and to have city staff make a comment on the safety, then spoke to his concerns about fireworks as they are something that bugs him every year and wonders if there is something we can do about it and mitigate the issues.

DEBORAH LEWIS - DISTRICT 4: Spoke about the Air Board grant amounts increasing for farming equipment for nut tree farmers to produce less dust in the environment and how she saw a demonstration of the new type vehicle, making note that the Valley Air District met its pm 2.5 standards last year and was below the standard set by the State of California, she thanked all our staff for the hard work they have been doing as we are transitioning here at the City of Los Banos, which goes unrecognized sometimes, how we do still have a few commission vacancies left to fill on Measure H, Measure P, Measure V, and Tree Commissions and encouraged citizens to apply, she also thanked those that serve on the various commissions.

MICHAEL S. AMABILE - MAYOR: Absent
59 ADJOURNMENT. The meeting was adjourned at 7:06 p.m.

APPROVED:

Deborah Lewis, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
60 TO:

FROM:

DATE:

LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~ City Clerk/Human Resources Director March 19, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Update to Salary Schedule
Recommendation:

Attached please find a resolution for your review and consideration of approval that would amend Division 4, Salary Schedule-Employee Classifications to reflect and correct changes associated with intended equity adjustments for the salary ranges of the Assistant Fire Chief and Recreation Supervisor.

Discussion:

On February 19, 2025 the City Council approved a quarter percent (.25%) COLA for all Unrepresented / Miscellaneous Employee classifications (not in a bargaining group), effective February 16, 2025. This was in addition to the two point seven-five percent (2.75%) COLA salary increase these same classifications received on July 1, 2025.

Also, noted in the salary schedule and to be effective February 16, 2025, were changes associated with Unrepresented/Miscellaneous employee classifications that remained behind market after the above stated COLAs, which included the Assistant Fire Chief and Recreation Supervisor as follows:

Assistant Fire Chief
Recreation Supervisor
Behind Market/Equity Adjustment

8.95%

1.32%
ITEM 8C
61 After a thorough review, staff identified that only a 7.5% equity adjustment had been applied to the Assistant Fire Chiefs salary range, leaving a remaining 1.45% still needing to be implemented. Additionally, because the Recreation Supervisor's salary range is tied to the Public Works Supervisor's salary range, which received a 1.32% equity adjustment, the same 1.32% equity adjustment still needs to be applied to the Recreation Supervisor's salary range.

Fiscal Impact:

For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $1,030 for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements. Staff will ensure future increases are factored into the budget projections for the duration of the agreement.

Reviewed by:

Brent Kuhn, Financial Consultant
Attachments:

Resolution
62 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 4,

SALARY SCHEDULE EMPLOYEE

CLASSIFICATIONS RELATING TO CHANGES TO

SECTION E - PARKS & RECREATION SECTION

F - FIRE & BUILDING
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with salary ranges of the Assistant Fire Chief and Recreation Supervisor; and
WHEREAS, the City's Salary Schedule needs to be amended to reflect an additional 1.45% equity adjustment for the Assistant Fire Chief and a 1.32% equity adjustment for the Recreation Supervisor's salary range; and WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of March 19, 2025.

NOW, THEREFORE, BE IT RESOLVED that Division 4, Salary Schedule of the City Policy Manual is hereby amended to reflect the changes as listed above and is hereby approved as submitted as "Exhibit A" respectively.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March 2025, by Council Member Chavez who moved its adoption, which motion was duly seconded by Council Member Sanders and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
63 DIVISION 4

SALARY SCHEDULE
(Approved March 19, 2025 I Effective February 16, 2025) SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY

SECTION E- PARKS & RECREATION
TOTAL POSITIONS AUTHORIZED (14)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS Recreation Supervisor ( 1) 0.25% ~ ~ e;4M e,-7W 1,-094

1.32% 5,914 6,210 6,521 6,847 7,189

SECTION F - FIRE & BUILDING
TOTAL POSITIONS AUTHORIZED (23)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 Assistant Fire Chief ( 1) 7.5% 4G,WG 44,-1-QJ 44-,7aJ ~ ~ s/b 8.95% - 7.5% = 1 .45% 10,815 11,355 11,923 12,519 13,145 STEP6
+;449
7,548
STEP6
~3,€iQ€i
13,802
64 City of Los Banos
At the Crossroads of Calffon,ia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/CitY, DATE: March 19, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Rejecting all bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project
Recommendation:

That the City Council adopts the Resolution to reject all bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project.

Background:

Given the competitive bid proposal received for the first phase of the FY 2025 Street Rehabilitation, there was in excess of $300,000 of street funds available. The City issued a subsequent bid for an additional phase of work.

The streets to be rehabilitated during Phase 2 were the following:
• S. Fallbrook Drive, from Snowgoose Drive to San Luis Drive • S. Rockcreek Drive, from S. Creekside Drive to Snowgoose Drive • Snowgoose Drive, from S. Fallbrook Drive to N. Fallbrook Drive • Sunstream Court, from Snowgoose Drive to West End
• Cool Springs Court, from S. Creekside Drive to East End • Riverbrook Court, S. Creekside Drive to North End
Discussion:

Staff released the project for advertisement on Wednesday, January 29, 2025. The bid opening was held on Thursday, February 20, 2025. The Public · Works Department, through the office of the City Clerk, received only one ( 1) bid from the following contractor:

ITEM 8D
65 Contractor Bid Amount
Consolidated En Inc. s, CA $294,533.00
Public Works staff has re-evaluated the project and determined it is in the City's best interest to reject all bids, and add the list of streets for Phase 2 to the upcoming Capital Improvement Project (CIP) of the 2026 Street Rehabilitation, to be constructed this Summer/Fall, thus producing more competitive bids.

Per section 3-16.07 of the municipal code, the City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid. Consolidated Engineering, Inc. was advised of the City's intent to reject all bids on March 12, 2025. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the agency. Per section 6.028 of the State Contracting Manual, there is no basis for protest if the awarding agency rejects all bids based on the best interest of the agency.

Fiscal Impact:

Funds for this project have been programmed from the Measure Vaccount 214-430-210- 715 and the Streets (S81) account 100-431-210-715 in the 2024-2025 (FY25) fiscal year budget. Staff is recommending City Council to reject all bids.

Reviewed by:

6.~z~ terim City Manager
Attachments:

Resolution
Bid Opening Sheet
Public Notice
Brent Kuhn, Finance Department
66 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS REJECTING THE BIDS
FOR THE CONSTRUCTION OF THE 2025
STREET REHABILITATION PHASE 2 PROJECT
WHEREAS, the Sealed Bids for the construction of the 2025 Street Rehabilitation Phase 2 project were officially opened on February 20, 2025; and WHEREAS, the City Clerk of the City of Los Banos received one (1) sealed bid for the construction of the 2025 Street Rehabilitation Phase 2 project; and WHEREAS, per section 3-16.07 of the municipal code, the City Council has the right to reject any or all bid proposals.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby reject all bids received for the construction of the 2025 Street Rehabilitation Phase 2 project.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March 2025, 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:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
67 LOsBanos
At the Crossroads of California

BID OPENING
2025. Street Rehabilitation Phase 2
February 20, 2025

1. Consolidated Engineering Inc.

Signed:"-~ .. ~, ~~~::....:::::::__:_.:=:...c=...:::...-'------- Sara Blevins, CMC •••
Assistant City Clerk/HR Analyst
$ 294,533.00
Dated: February 20, 2025
68 Advertisement for Bids

CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the 2025 Street Rehabilitation Phase 2 will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, February 20, 2025 and then at said office publicly opened and read aloud.

The major work consists of the pavement rehabilitation of several streets in the City of Los Banos using asphalt concrete overlays on approximately 97,750 square feet of pavement. The work also includes pavement digouts of failed pavement areas and application of pavement markings.

The tirne for completion shall be twenty-five (25) working days.

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

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

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

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

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

The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A or C-12.

Prospective bidders are required to attend a mandatory pre-bid meeting held at 411 Madison Avenue Los Banos, CA 93635 on February 6, 2025 at 10 a.m.

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

Bidders shall refer to the Contract Document's Information for Bidders for complete instructions. 69 Bidders are solely responsible for the cost of preparing their bids.

The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 70 LOs Banos
1 ti ( ,o~sroad. alijo n a
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City George Rivera Jr., Facilities Manager
DATE: March 19, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Adopt a resolution to authorize the City Manager to enter into an agreement with Peninsula Clean Energy Authority that will provide funding applicable to Heating, Ventilation, and Air Conditioning Systems (HVAC) upgrades to critical City facilities and authorize an amendment to the 2024-2025 fiscal year budget to increase revenue and expenditures
Recommendation:

That the City Council adopts a resolution authorizing the City Manager to authorize the acceptance of grant funding in the amount of $422,711 through Peninsula Clean Energy Authority and approve an agreement between Peninsula Clean Energy Authority (PCEA) and the City of Los Banos and increase revenues and decrease expenditures for the 2024-2025 fiscal year budget.

Background=
The City of Los Banos has developed a plan to replace our old HVAC units with new efficient and environmentally friendly alternatives. All HVAC units are currently R-22 and R-41 0A, with gas-electric furnace for heating. The City is committed to lowering our carbon footprint by replacing gas-electric HVAC equipment with heat-pump units that will eliminate all natural gas combustion emissions. The City's Facilities Manager reviewed an HVAC assessment and it was discovered that the majority of The City's HVAC equipment is outdated and operating in an inefficient manner. With the assistance of local HVAC contractors a replacement plan has been developed. The plan has two phases, the initial phase will replace approximately 10 gas-electric units with heat-pump heating units and the second phase will do the same with another 10 units being replaced. The total number of units replaced can increase, if the grant budget permits.

ITEM 8E
71 The benefits of this project include:
• The City will obtain financial and environmental benefits of upgraded HVAC systems throughout the city.
• The City will replace outdated HVAC units with new efficient units that feature environmentally friendly heat pump technology.
• The City will replace approximately 20 gas-electric units with heat-pump heating units over a 20-month period beginning in May 2025.
• The City will eliminate all-natural gas combustion emissions which lowers the City of Los Banos carbon footprint.
• Modem systems come with better air filtration and purification features. This equates to cleaner indoor air which is beneficial for health, especially for individuals with allergies or respiratory issues.
• Efficient HVAC systems require less energy contributing to a reduction in overall environmental degradation.
• The new systems will be efficient, this translates to lower energy bills which is a crucial factor in the cost-benefit analysis.

Discussion:

By utilizing this grant funding opportunity over the next 20 months, the City of Los Banos can potentially replace 20 HVAC units. The units currently selected to be replaced are on average over 20 years old. The current plan that has been developed, will insulate the City of Los Banos from future regulatory scrutiny. Global warming and climate change have revolutionized the manner in which local governments conduct business and the City's facility equipment upgrades are not an exception. Green policies are making their way into municipal codes and the State of California has already implemented them by enforcing the California Green code. California Green code is the first-in-the-nation mandatory green building standard codes.

This HVAC replacement plan is in line with California Climate Commitment plan and will begin to set the standard for the City of Los Banos going forward, and will be the initial de-carbonization project of many to come. The City will lower their carbon footprint not only by eliminating natural gas combustion byproducts, but also by maximizing the consumption of clean energy from Peninsula Clean Energy. ' ~• I
Fiscal Impact:

There are no upfront costs for the City of Los Banos, as upon execution of the agreement, the first payment of $211,356.00 will be received for the HVAC installations. HVAC units will be replaced in accordance with the HVAC assessment, and the remainder amount of $211,355.00 will be reimbursed upon submittal of project invoices to PCEA.

A recommended amendment to the 2024-2025 fiscal year budget is needed to increase revenues in account 605-000-335-010 (local grant) for $422,711.00 and increase appropriations to expenditure account 605-427-100-753 ( specialized equipment) for $422,711.00.
72 Brent Kuhn, Finance Department
Attachments:

Resolution
Agreement Between Peninsula Clean Energy Authority and City of Los Banos Member Agency Grant Application with HVAC Assessment
73 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING
THE CITY MANAGER TO ENTER INTO . AN

AGREEMENT WITH PENINSULA CLEAN

ENERGY AUTHORITY AND AMEND THE
FISCAL YEAR 2024-2025 BUDGET BY

INCREASING REVENUES AND

EXPENDITURES IN THE FACILITIES FUND
WHEREAS, the City of Los Banos has been awarded grant funding from the Peninsula Clean Energy Authority of $422,711.00; and
WHEREAS, the City of Los Banos will be able to utilize this funding to replace and upgrade Heating, Ventilation, and Air Conditioning Systems (HVAC) identified in a HVAC assessment; and
WHEREAS, the City of Los Banos will be able to replace outdated HVAC units with new efficient units that feature an environmentally friendly heat pump technology and provide the City the ability to eliminate all-natural gas combustion emissions and lower the City's carbon footprint; and
WHEREAS, this grant funding will impact the 2024-2025 Fiscal Year Budget and. an increase to revenue account 605-000-335-010 (local grant) for $422,711.00 and an increase to appropriations in expenditure account 605-427-100-753 ( specialized equipment) for $422,711.00;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby authorize the City Manager to enter into an agreement with Peninsula Clean Energy Authority and approve an amendment to the Fiscal Year 2024-2025 Budget by increasing revenues in account 605-000-335-010 (local grant) for $422,711.00 and appropriations in expenditure account 605-427-100-753 (specialized equipment) for $422,711.00.

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
74 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND CITY OF LOS BANOS for MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this ___ day of ___ , 2025, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called "PCEA," and City of Los Banos, hereinafter called "Grantee." * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A-Project Description
Exhibit B-Grant Distribution

2. Grant Process
In consideration of the payments set forth in this Agreement and in Exhibit B, Grantee shall implement the Project in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA's total fiscal obligation under this Agreement exceed four hundred and twenty-two thousand, seven hundred and eleven dollars ($422,711). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from May 1, 2024, through April 30, 2026.

5. Relationship of Parties
75 Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
{B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee's failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee's duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee's own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
76 The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee's own legal counsel and/or Risk Manager.

9. Compliance With Laws
The Project to be performed by Grantee pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. The Project shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal granter agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA's authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
77 This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

12. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

13. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Nameffitle: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Nameffitle:

Address:

Telephone:

Email: lRR1J
78 14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

15. No Recourse Against PCEA's Member Agencies
Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee waives any recourse against PCEA's member agencies.
* * *
In agreement with this Agreement's terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY City of Los Banos

AUTHORITY
Chief Executive Officer, Peninsula Clean
Energy Authority Title: ____________ _
Date:____________ Date: __________ _
79 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached Proposal
80 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Eligible Project Expenses
Expenses funded under this agreement must be in alignment with PCEA's mission and the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $211,356. Upon execution of this contract

2. Second payment: $211,355. Upon receipt of project invoices for Eligible Project Expenses of $422,711 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o [account name]
o {financial institution]
o [routing number]
o [account number]
o [account type]rRR2J
81 Peninsula Clean Energy
Member Agency Grant Application
Charles Bergson
.,• 'ult<) ? •°'•,
, t:JMt-'1-f
I
82 1. Overview and Project Description
Overview
The City of Los Banos is located in the heart of California's central valley. With a population of 46,639, the City of Los Banos is Merced County's second largest city.

The City is planning to replace HV AC (Heating Ventilation and Air Conditioning) units that have exceeded their 1ife cycle and no longer operating efficiently. To get this project completed, Peninsula Clean Energy has a Member Agency Grant with up to $422,711 available for the Ci1y of Los Banos. The City has coordinated with local HV AC contractors to install beat-pump HV AC units that will lower the City's carbon footprint and meet current efficiency standards.

1. Project Description
The City of Los Banos has developed a plan to replace our old HV AC units with new efficient and environmentally :friendly alternatives. All HV AC units are currently R-22 and R-4 lOA, with a gas-electric furnace for heating. The City is committed to lowering our carbon footprint by replacing gas-electric HV AC equipment with heat-pump units that will eliminate all natural gas combustion emissions.

The facilities manager of the City conducted an HV AC assessment and it was discovered that the majority of HY AC equipment is outdated and operating in an inefficient manner. With the assistance oflocal HV AC contractors a replacement plan has been developed.

The plan has two phases, the initiaJ phase wilJ replace approximately IO gas-electric units with heat-pump heating units and the second phase wiH do the same with another-IO units being replaced. The total HV AC units to be replaced by this project will be approximately 20. The total number of units replaced can increase, if the budget pennits.

2. Outcomes and Benefits
83 Outcomes
The current plan that has been developed, will insulate the City of Los Banos from future regulatory scrutiny. Global wanning and climate change have revolutionized the manner in which local governments conduct business and the City's facility equipment upgrades are not an exception. It is no secret that Green Policies are making their way into municipal codes. The state of California has already implemented and is enforcing California Green code, which is the first-in-the-nation mandatory green building standards code.

This HV AC replacement plan will set the standard going forward and be the initial de..carboniz.ation project of many to come. The city wiJJ lower their carbon footprint not only by eliminating natural gas combustion byproducts, but also by maximizing the consumption of clean energy from Peninsula Clean Energy.

Benefits
After the completion of this project the City wilJ have lowered its operating cost by cutting natural gas biHs significantly and will b~me resilient to any building regulatory changes that may come froni the state level. It will also provide the City with safe and environmentally friendly means of heating and cooling for our facilities. The impact of this project will be felt by all departments of the city, by eliminating the financial burden of maintaining old HV AC units and their costly repairs. This will allow the city to continue to operate seamlessly for the residents of Los Banos.

3. Budget
The project will be broken down into 2 phases. The initial phase, phase I of the project will cost $2 J 1,355 and will be made up of the HV AC units in line item 6, 7, 8, 12, 13, 24, 26, 29 and 3,0, in accordance with the HV AC ASSESS1\1ENT. Other line items will be added to this phase in chronological order, if the project cost of phase 1 can be maintained under $211,355. 84 Phase 2 of the project will be made up of the HV AC units in line item 32 (if not completed). 33, 34, 35, 39, 40, 44, 47, 48 ~d 50, other HV AC wiits will be added in chronological order from the HV AC ASSESSMENT, if the project cost of phase 2 can be maintained under $211,355. The Member agency grant fimds will only be utilized for the replacement of gas burning HV AC units with heat-pump beating HVACunits.

4. Timeline
The completion time for this project can be executed in 12 months from the moment of funds being allocated to each City department respectively. HVAC units take approximately l week to install and most contractors have a 2 week lead time for equipment. The Proper organization and planning will make the completion of this project start to finish around 20 months from the moment of contract approval to closeout.
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Agenda Staff Report
TO:

FROM:

Mayor and Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: March 19, 2025
SUBJECT: Amendments to Resolution Calling a Special Election to Fill the Vacancy Created by Councilmember Lambert's Resignation, Requested by the County Elections Department
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council adopt a resolution amending Resolution No. 6880, which called a special election to fill the vacancy left by Councilmember Lambert's resignation on August 26, 2025, to adopt additional provisions requested by the Merced County Elections Department.

Background:

On January 15, 2025, Councilmember Lambert resigned from the Council, effective immediately. On February 19, 2025, pursuant to State law, the Council adopted Resolution No. 6880, calling a special election to be held on August 26, 2025, to fill the vacancy and requesting that the County Elections Department conduct the election on the City's behalf. The County Elections Department has requested that the Council add three additional provisions to the Resolution.

Discussion:

The three provisions that the County Elections Department has requested are:

1. A provision specifying how to break a tie.

2. A provision authorizing the Elections Department to conduct the canvass.

3. A provision confirming that the City will reimburse the County for the costs of conducting the election on the City's behalf.
1 ITEM 8F
87 We believe each of these provisions is implicitly addressed by Resolution No. 6880, but to avoid any possible delay or impediment to the conduct of the election Staff recommends adopting these additional provisions as requested by the Elections Department.

Fiscal Impact:

There will be no additional costs associated with the adoption of these amendments that were not anticipated by Resolution No. 6880.

Reviewed by:

Interim City Manager
Attachments
Resolution for adoption
Resolution No. 6880 dated February 19, 2025
Resolution No. 5975 dated June 26, 2018
2 88
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS, CALIFORNIA, AMENDING RESOLUTION
NO. 6880, CALLING AND GIVING NOTICE OF THE

HOLDING OF A SPECIAL ELECTION TO BE HELD BY
MAIL ON TUESDAY, AUGUST 26, 2025, TO FILL A

VACANCY CREATED BY THE RESIGNATION OF

COUNCILMEMBER LAMBERT, AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, on January 15, 2025, City Councilmember Lambert tendered his resignation from the Council, effective immediately; and WHEREAS, Under the Government Code, the Council has sixty days to direct the manner by which the vacancy is to be filled; and
WHEREAS, though in most circumstances, the Council has the option of appointing a new councilmember to fill the vacancy or calling a special election, Cal. Govt. Code§ 36512(b ), the Government Code further provides, "an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed," id. at subd. (d)(1 ); and
WHEREAS, currently, the two councilmembers representing Districts 2 and 3 hold their seats by means of appointment to fill vacancies resulting from the recall elections in November 2024;and
WHEREAS, the Council must call a special election "to be held on the next regularly established election date not less than 114 days after the call," Cal. Govt. Code§ 36512(d)(2); and
WHEREAS, pursuant to Elections Code Section 4004, as a "small city" (defined as less than 100,000 population according to California Department of Finance statistics), the City of Los Banos has the option of filling this Council vacancy through the use of an all-mail ballot election rather than a traditional precinct/poll/vote center election, as long as the following circumstances exist:

A. The City Council, by resolution, authorizes the use of all mail ballots for the election;
B. The election is not held on the same date as a Statewide Primary or Statewide General Election;
C. The election is not consolidated with any other election; and 1 89
WHEREAS, August 26, 2025, qualifies as an all-mail special election date to fill the Council vacancy pursuant to Elections Code § 1500; and
WHEREAS, on February 19, 2025, the Council adopted Resolution No. 6880, calling for an all-mail ballot special election on August 26, 2025; and WHEREAS, Resolution No. 6880 requested that the Merced County Registrar of Voters conduct the election on the City's behalf; and
WHEREAS, the Registrar has asked that the City Council adopt additional provisions addressing three topics: the resolution of any ties, the authority for the Registrar to conduct the canvass, and the reimbursement of costs by the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare, determine, and order that Resolution No. 6880 be amended by adding the following additional provisions:

SECTION 12. If any two or more persons receive an equal and the highest number of votes for the office to be voted for within the City at the August 26, 2025 special election, the tie votes shall be resolved by lot in accordance with Elections Code section 15651 (a) and Resolution No. 5975 of the Los Banos City Council.

SECTION 13. In accordance with Section 8 of Resolution No. 6880, authorizing the City Clerk to contract with the County Registrar to render election services to the City, the Registrar is authorized to canvass the returns of the Election.

SECTION 14. In accordance with Sections 5 and 8 of Resolution No. 6880 and Elections Code section 10002, the City shall reimburse the County in full for the services performed upon presentation of a bill to the City.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March 2025, 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:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 90
RESOLUTION NO. 6880

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS, CALIFORNIA, CALLING AND GIVING

NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO
BE HELD BY MAIL ON TUESDAY, AUGUST 26, 2025, TO

FILLA VACANCY CREATED BY THE RESIGNATION OF

COUNCILMEMBER LAMBERT, AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, on January 15, 2025, City Councilmember Lambert tendered his resignation from the Council, effective immediately; and
WHEREAS, Under the Government Code, the Council has sixty days to direct the manner by which the vacancy is to be filled; and
WHEREAS, though in most circumstances, the Council has the option of appointing a new councilmember to fill the vacancy or calling a special election, Cal. Govt. Code§ 36512(b), the Government Code further provides, "an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed," id. at subd. (d)(1); and
WHEREAS, currently, the two councilmembers representing Districts 2 and 3 hold their seats by means of appointment to fill vacancies resulting from the recall elections in November 2024;and
WHEREAS, the Council must call a special election "to be held on the next regularly established election date not less than 114 days after the call," Cal. Govt. Code§ 36512(d)(2); and
WHEREAS, the next "regularly established election date" not less than 114 days from today is November 4, 2025, Cal. Elec. Code§ 1000(e); and WHEREAS, pursuant to Elections Code Section 4004, as a "small city" (defined as less than 100,000 population according to California Department of Finance statistics), the City of Los Banos has the option of filling this Council vacancy through the use of an all-mail ballot election rather than a traditional precinct/poll/vote center election, as long as the following circumstances exist:

A The City Council, by resolution, authorizes the use of all mail ballots for the election;

8. The election is not held on the same date as a Statewide Primary or Statewide General Election;
C. The election is not consolidated with any other election; and WHEREAS, August 26, 2025, qualifies as an all-mail special election date to fill the Council vacancy pursuant to Elections Code § 1500; and
WHEREAS, the Merced County Registrar's office has estimated the cost to the City of holding an election on November 4, 2025, to be $76,315.00; and WHEREAS, the Merced County Registrar's office has estimated the cost to the City of holding an election on August 26, 2025, be $45,545.00; and WHEREAS, holding an earlier election will result in the vacancy being filled sooner.

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. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is hereby called and ordered to be held in Electoral District 1 1 91
of the City of Los Banos, California, on Tuesday, August 26, 2025, a Special Municipal Election to be conducted by all mail ballot for the purpose of the election of a Council member for the term of office in which the vacancy was created by the resignation of Councilmember Lambert which ends November 2026.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is hereby authorized, instructed and directed to procure and furnish, or cause to be procured and furnished from the Merced County Registrar of Voters/Election Department, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to property and lawfully conduct the election by all mail ballot.

SECTION 4. That pursuant to the California Elections Code, the Los Banos Municipal Code, and any other applicable provisions of law, said Special Election shall be conducted by all mail ballot, which and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code.

SECTION 5. That in all particulars not recited in this resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of the holding of the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Elections Department of the County of Merced.

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 Special Municipal Election.

SECTION 9. That 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. CEQA. That 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 11. Certification. That 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 Special Municipal Election.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of February 2025, by City Council Member Lewis, who moved its adoption, which motion was duly seconded by City Council Member Sanders, and the Resolution was adopted by the following vote:

AYES: Council Members Chavez, Lewis, Sanders, Mayor Amabile NOES: None •
ABSENT: None
ABSTAIN: None
ATTEST:
t-fuuUe
Lucille L. Mallonee,
'-f. ~
City Clerk
2 92
RESOLUTION NO. 5975

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS PROVIDING FOR

DETERMINING A TIE-BREAKER METHOD (BY

LOT) AMONG CANDIDATES FOR GENERAL

MUNICIPAL ELECTIONS IN THE CITY OF LOS

BANOS IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 15651
WHEREAS, Section 15651 of the Elections Code of the State of California authorizes the City Council to determine the means and manner in which a tie vote is to be resolved in the event two or more persons receive an equal number of votes and the highest number of votes ("tie votes") for an office to be voted upon in a city; and WHEREAS, Section 15651 of the Elections Code of the State of California provides that the tie vote shall be resolved in one of the following ways: • a) By Lot: The City Clerk, serving as the Elections Official pursuant to Elections Code Section 320, or his or her designee, shall summon the candidates who have received the tie votes, whether upon the canvass of the returns or upon recount by a court, to appear before the City Council at a time to be designated by the City Council. The City Clerk shall at that time and place resolve the tie votes by lot (defined below).
b) By Special Election: The legislative body may resolve a tie vote by the conduct of a special run-off election involving those candidates who recieved an equal number of votes and the highest number pf votes. A special run-off election shall be held only if the legislative body adopts provisions of Section 15651 (b) of the Elections Code prior to the conduct of the election resulting in a tie vote. AU future elections conducted by that body shall be resolved likewise, unless the legislative body later repeals that order for the conduct of a special run off election.

WHEREAS, The City Council desires that a tie vote be resolved by lot.

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

Section 1. That Pursuant to Section 15651 of the Elections Code of the State of California, if any two or more persons recieve an equal and the highest number of votes for an office to be voted for within the City, the tie votes shall be resolved by lot. "By lot" means, by deciding the matter through implementing a method of chance in order to afford each candidate receiving tie votes a fair opportunity at the election.

Section 2. That the City Council has the authority to resolve tie votes by lot, by implementing various methods of chance, including but not limited to, a coin toss, generation of a random number, or a drawing of names. In the interest of maintaining decorum, fairness and transparency, the method implemented for resolving tie votes in General Municipal Elections shall be drawing of names, in accordance with the following procedure:

The City Clerk shall type the name of each candidate who has tied for office on a separate, but identical piece of paper which shall be folded and deposited into a container and mixed so that pieces of paper become indistinguishable. The City Clerk, or her designee, shall then draw from the container one (1) piece of paper of the candidates who have tied. The candidate whose name appears upon the drawn piece of paper shall be deemed elected.
1 93
Section 3. That this Resolution shall apply to all General Municipal Elections in the City of Los Banos until otherwise repealed by the City Council.

The foregoing Resolution was introduced at a special meeting of the City Council of the City of Los Banos held on the 26th day of June 2018, by Council Member Silveira who moved its adoption, which motion was duly seconded by Council Member Johnson-Santos and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Members Johnson-Santos, Lewis, Silveira
Mayor Villalta
Council Member Faria
Lucille
~~I-~ L. Mallonee, City Clerk
2 94
LOsBanos
I t1
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City DATE: March 19, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2015-01 Southpointe at Regency Park- Phase 11 B Recommendation:

That the City Council adopts the Resolution approving Final Map No. 2015-01 Southpointe at Regency Park- Phase 11 B.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 6065. In October of 2023, the Public Works staff was contacted by the developer Stonefield Home, Inc., a California Corporation, for Final Map approval. In January 2025, a Stonefield Representative contacted the Public Works Department with an updated Final Map; Southpointe Phase 11 B separating original Phase 11 into three phases. In March 2025, the Phase 11 B final map was deemed substantially complete by the Public Works Director.

Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Place Road to the west, Mission Estates and Verona Subdivisions to the south, and Ward Road to the east, more specifically identified as APN: 424-120-030. The applicant is Stonefield Home, Inc., a California Corporation.

Southpointe Phase 11 Final Map originally consisted of 132 Single Family homes acres.

Southpointe Phase 11 B Final Map consists of 60 single family residential lots on ITEM 8G
95 approximately 9.03+ acres with an additional 10.61 + acres for Southpointe at Regency Park Phase 11 C and future Northpointe Subdvision (remainder).

Approval of any future Final Maps will require dedication of streets and on-site landscaping improvements consistent with City policy.

Fiscal Impact:

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

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

Reviewed by:

Attachments:

Resolution
Exhibit A Legal Description
Exhibit B Final Map
Site Map
Tentative Map
Subdivision Improvement Agreement
Exhibit A Engineers Cost Estimate
Exhibit B Conditions of Approval
Exhibit C Final Development Plan
Brent Kuhn, Finance Department
96 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01

SOUTHPOINTE AT REGENCY PARK,
PHASE 11 BAND ACCOMPANYING

SUBDIVISION IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11 B and accompanying Subdivision Improvement Agreement: and
WHEREAS, the single-family residential subdivision consists of 60 single family residential lots on approximately 9.03+ acres with an additional 10.61 + acres for Southpointe at Regency Park Phase 11 C and future Northpointe Subdvision (remainder); and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2015-01 Southpointe at Regency Park Phase 11 B, and any minor technical revisions necessary, for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording of said map and associated documents based upon the following findings:

1. The Final Map is a minor deviation from the Tentative Tract Map No. 2015-01, however, the accommodation has been approved by the Public Works and Planning and Community Development Directors; and

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

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

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March, 2025, 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:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
97 OWNER's STATEMENT
~ 1'-1£ UNOfRSIGNED, DO f£R&Y STATE THAT Wf ARE THE OWNcRS OR HA\£ SOME RIGHT. 11Tl£. OR INTfRfST OF RfCORO IN THE LAND SHOWN ON "THfS MAP, AND Wf" CONSeff ro THE PRfPARAT10N #ID RECOROATION OF rHIS WP. Wf ALSO HER&r OFFER AN fRRE\«ABI.£ OEDIQ.TION TO THE CITY OF LOS BANOS. AS fASEMENrS, FOR PUBUC USE. ALL PUBUC UTIUTY E:ASEIJEIITS {PU[). IIF Al.SO omR AN IRREl1:1CABI.£ 0£DICArlOII ro rHE: CITY OF LOS BANOS, fN FR; FOR PU8UC US£, ALL smrrr RIGHTS-OF-WAY, ALL AS SHOWN ON THIS FINAL UAP.

OWNER: STONEF1EW HOU£, INC., A C)JJFORNIA CORPORATKJN
BY, -.G~RE:G=HO~S""/Ul£R==---------- OA'Tc: ---------
T'RUSTff: FTDEUTY NAT10N)l rm.£ COMPAN'f OF CALIFORNIA, A CA/JFORNIA CORPOIMOON BY, -.SIG= w."'ru"'•""s _ _________ _ D41F: ________ _
PRINT NAM[ tWlltf mu:.

NOTARY ACKNOWLEOGMENT
A NOTARY PU8UC OR OTHER OfflCER COIIPI.ETTNG THIS CERTTF1CATE VERIAES ONLY THE IDEWTTY OF THE INOMDUAL ~
WHO SfGNEIJ THE OOCUMEW" TO WHICH THIS CERT1F1CATE IS ATTM;HfD, AND NOT THE 11WTHF'lJLNFSS, OR VAUDfTY OF THAT OOCUUENr.
~7:rr OF t:AllFORNIA / S.S.

ON ________ , 20_, BEFORE~ ___________ _
A NOTARY PUBLJC, PERSONAU.Y APPE:ARE1J ________________ _ WHO PROVED TO UE ON THE BASIS OF S417SFACroRY f\lfDfNCC ro BE THE PERSON(S) MfOSE NANE(S) IS/ARE SUBSCRIBfD ro THE WTTHIN INSTRUMEHT, ANO ACJ<N()Wl.EfX;f]} ro UE THAT H[/'SHE/m£Y D<ECI/TfD rHE SUI[ IN HIS/HER/THEJR AUTHORIZED C4PACmf/ES), ANO 11-IAT SY HfS/llfR/11-IEIR SIGNATUF£(5} ON THE INSTRUMENT TffE PERSON(S}, OR THE ENTTTY UPON B9IAl.F OF WU/CH THE PERSON(S) AC7m, D<ECI./TED T1lf INSTRUUENr. f CER11FY UNDER PfN'LTY OF PfRJURY UNDm THE LAWS OF THE STATE OF CA/.JFrJRNIA THAT 11-IE: FOREGOING PARAGRAPH IS 1R/J£ ANO CORf?£CT.

WfTNESS IIY HAND SIGNATURE: ___________ _ COMMISSION NUUBER: ______ _ PRINCFAL COUNTY OF BUSINESS: _____ _ MY COMM/SSION EXPfRES: _____ _

NOTARY ACKNOWLEDGMENT
A NOTARY PU8UC OR OTHER OFFICER COMPU1TNG THIS CERT1F1CATf I/ER/RES ONLY TH£ ID£NTTTY OF THE INDMOIJAJ.. WHO SIGNED THE OOCUUENT ro WHICH THIS CEKT1F1CA1E IS ATTACHED. ANO NOT TH£ TRUTHRJUl£SS, ACCURACY. OR V,y)OfTY OF 1HAT DOCIA,IENT, ~~ruroRNIA j S.S.

ON ________ , 20_. BEFORE UE. ___________ _
A NOTARY PUBLIC. PfRSONALL.Y APPEARrn ________________ _ WHO PROVfD n, ME ON THE BASIS OF SATTSFACTO({Y EVIDENCE n, Br TH£ F£RSON{S} WHOSE NAME{S) IS/mf SUBSCRf8£0 n, TH£ WTT11/N fNSTRUMENr. AND ACKNOWI..EDGED n, Al[ THAT HE/SH[/THcY ~ THE 5.AAIE fN HIS/HER/THEfR AUTHORIZED CAPACITY(IES), ANO 1HAT BY HfS/HER/THElR SIGNATURE(s) ON THE INSTRUAIENT THE PERSON(S), OR THE F:N11TY UPON BEHALF OF Wl-ffCH TH£ PERSON(S) AcmJ. EXECfJ1ED THf INSTRUAIENT.

I C£RT1FY UNOER PENALTY OF PERJURY /JND£R 1HE LAltS OF THE STATF OF CALIR}l?NIA THAT THF: RJREC()//t/G PARAGRAPH IS TRUE AND CORRECT.

WITNESS fiY HAND
SIGNATURE: ___________ _ COMMISSION MRIBER: _ _____ _
PRfNCIPAL COUfffY OF BUSINESS: _____ _ MY cx»JMISSION EXPfRES: _____ _ DAT£: 2025-3-14 10:03 FILE: M:\1D0025\SUrvey 0rowings\PHASE 11B Ft.1\01 - CERT.dwg TRACT NO. 2015-01

SOUTHPOINTE AT REGENCY PARK
PHASE118
BEING A SUBDMSION OF THE REMAINDER SHOWN ON ·soUTHPOINTE AT REGENCY PARK PHASE 11A • IN VOLUME OF omc/AL PLATS, PAGES - , MERCED COUNTY RECORDS; LYING IN THE SOUTHEAST 0/JARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN crrr OF LOS BANOS, COUNTY OF MERCED, STATE OF CAUFORNIA MARCH 2025

EE BENCHMARK ENGINEERING

CIVIL ENGINEERING, PLANNING, AND LAND SURVEYING
4295SPYRESWAY,SlfflA,IIODESTO,tAl.l'ORNIA,95358 r-lM&flOO I
N
,,,I
le
;
HENRY MILLER A\.£
le
~ "' I HIGHWAY J.J
"-~ le
;
"' i!i
\ I
le
~
>- ~ ili <" "' ~
'~

OMITTED SIGNATURE STATEMENT
PURSUANT ro SECT10N 664.JB OF Tff£ SUBOMSION MAP ACT, THE FOi.LOWiNG SIGNATURfS ll,1~ BEEN oumm:

M'JIE:

TYPE OF INTfREST:

OffO RE:FmENCE:

M'JIE:
rtPEOFINTmEST:

DEED REFrnfNCE:

WV SPfNA AND ROS41.E SPINA ANY RIGHT OF ENr1?Y ANO EASEUENT' NEC£SSARY FOR TH£ PRODUCTION, £XPLORA110N, OR STDRAGE' OF OIL OR AIINERAJ..S BOOK 806 OF OFRCIAL RECORDS. PACE" J48, U.C.R., R£COROED 4 JUN£. 1945 THf SAN JOAQUIN AND KINGS RfV£R CAWL ANO IRRIGAT10N COMPANY

CNIAL RIGHT OF WAY
BOOK P Of DEEDS, PAGE 280, U.C.R.

PLANNING COMMISSION STATEMENT
I, STACY SOUZA El.MS, DIRECTOR FOR 'THE CITY OF LOS BANOS COUIIUNITY AND ECONOUIC OE\£LOPAIENT' OEPAfmlENT. 00 HEREBY STATf 1'HAT f H4\£ £XAJ.lfNED THIS F1NAl. UAP OF iR,1/;T NO. 2015-0f SOUTffPOINTf AT REGENCY PARK - PHASE 11 • AND 1HAT 11{£ SUBDMSION IS SUBSTANTW.LY THE SAIIE AS THAT SHOWN ON TffE mfl'A11\£ MAP APPROVED 8Y 'THE C1TY Pt.ANNING COMMISSION ON THE H'TH JMY OF MAY, 2016, AND THAT THIS FINAL MAP OF "'nMCr NO. 2015-01 SOUTHPOIMTf AT Rro£NCY PARK - ~ 11" COMPUES WITH ALL REOU/REMENTS OF S4JO Pt.ANNING COM""5SION.

DA1ED T1IIS __ OAY OF ____ • 20_.

STACY SOUZA ET.US, COUMUNfTY AND-ECONOMIC OB£1..0PUENT DIRECTOR

CITY OF LOS BANOS

RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO, 121.J:

THE PROPEHTY DESCRf8ED ON THE HEREON SHOWN UAP IS IN THE VICINnY OF LAND unuzm FOR AGRICULTURAL PURPOSES AND RfSID£NTS OF THIS PROPERTY MAY BE SUBJECT TD INCONVEN/£NC£ OR OISCOUFORT ARISING FROM THE USE OF AGRfCULTURAL CHEJlfCALS, INCLUDING, BUT NOT I.H,Jl1ElJ 10, P£S11CIDES ANO FER11UZERS, ANO FROM THE' PURSUff OF AGRICULTURAi. OP£RA110NS INCLUDING. BUT NOT LIMITED TO, PLOWING. SPRAYING, AND BURNING WHICH OCCASIONALLY "4Y GENERATf DUST, SIJOK£. NOISE, AND ODOR. 'THE COUNTY OF ll£RCED ~ ESTABLISHED ACRICIJlnJRE AS A PRfORfTY I.JS£ IN AGRfCUl..11.IRAL ZONES WHICH ARf OUTSIOC OF AN ESTNJUSHED SP£CIF1C URBAN DB£LOPUENT' {SUDP} BOUNDARY, RURAL RESaNTW.. CEN1ER (RRC) BOUNDARY, HIGHWAY fNTERCHANGE CENT'ER (HIC} 80I.JNOAl(Y. OR AGRICULTURAL SOMCE CENTfR (ASC) BOUNDARY, AND RESfO£NT'S OF PROPERTY IN T1fE VICINITY OF SUCH AGRICl.ll.7URA/.. ZONES SHOIJlD BE PREPARED TD ACCEPT INCOmrNIENCE OR OISCOIIFORT FRQU NOINAL. NECESSARY AGRtCULTURAL OPERATIONS.

SURVEYOR'S STATEMENT
1HfS I/AP WAS PREPARfD BY ME OR I.HIDER 1,('I OIRfCT10N AND IS ~ UPON A F1El..O SUffVEY fN CONFORUANCE WITH THE REQUIREJIENTS OF THc SUBDMSJON UAP ACT AND LOCAL ORO!NANCf AT THE RfOt/fST OF GREG HOS1ETl.£R IN OCTOBER 2022. I HEREBY STATF THAT T1IIS FINAL MAP SUBSTANTIAU.Y CONFORUS n, THE .IPPROVED OR CONDITIONAL APPROVW TENTA~ AW', mAT ALL UONWJENTS AR£ OF THE CHARACTcR AND OCCUPY 'THE POS1110NS INDICArED, OR THAT 'THC( WILL B£ SU IN T1-IOSE POSmONS ON OR BUORE SAID SUBOMSION ffl/PRO\£MENTS ARE ACCEPTED BY TH£ CITY OF LOS BANOS, ANO 1HAT THE MONUMENTS ARf OR MLL Br SUFFICIENT n, ENABI..E THE SUR\,£Y TD 8£·~CED.

D41ED THIS __ OAY OF ____ , 20_.

B!il3&n...n!MlQOO 1)@:w lp'Co)@ ~IBWIJlfilV&'Z @fill[ W M/CHA£1.. HALTFRMAN P.LS. 8lHO crrr ENGINEER'S STATEMENT
I HEREBY STAl'E TU4T f ~\IE" fXAMINED THIS PARC£!. IIAP AND STAl'E 1'HAT THE StJ8DMSION SHOWN HEREON IS SUBSTANT1All.Y THE SA.VE" AS fT APP£ARED ON THE TfNTA~ AW'. AND ANY APPROVED ALTfRAT10NS 7HEREXJF. THAT ALL PfffMS10NS OF THE SUBDMSfON MAP ACT ANO ANY LOCAL ORDINANCES APPUCABI..£ Ar THE nME OF APPRCNAL OF 11{£ IDffATNE MAP ~\IE" BEEN COi/Pi.JED wmt.

OATED TIIIS __ OAY OF ____ , 20_.

CHARLEs------C:-SEffGSofC R-:C.E. .J4J47 C1TY ENCfNEER OF 'THE CfTY OF LOS BANOS crrr SURVEYOR'S STATEMENT
I HEREBY STA1E THAT fN ACCOROANCf WfTH THE PRCNISIONS OF CAl..lFORNIA GOVfRNUENT COOC SECT10N 66450. I ~~ EXAMINED THIS MAP AND I AM SAT1SFTED THAT THIS UAP fS TE'CHNICALLY CORRU;T, AND THAT THIS I/AP CONFORMS TD THE APPROVED OR CONDlnoNAU.Y APPROVED 1'E'N1'A11\£ MAP.

OATED TIIIS __ OAY OF ____ , 20_.
11M07HY M. ODOM, PLS 8468 ACnNG CITY SURl,£YtJR OF THE Cf1Y OF LOS BANOS

CITY CLERK'S CERTIFICATE
[p ·'17
I, LUCILLE L 4W.l.0Nff. Cf1Y CLERK OF THE CITY OF LOS BANOS, STATE" OF CALIFORNIA. DO H£RfE/Y STATE" 1'HAT AT Tl-IE REGULAR UEET1NG OF THE CfTY COUNCIL OF THE CITY OF LOS BANOS, STATE" OF CAlJFORNIA, HELO ON THIS __ OAY OF ____ , 20_ , THE ACCOUPANYINC FINAL MAP OF "mACr NO. 2015-01, SOUTffPOINTE AT RfGENC'f PARK - ~ t tA • WAS APPR01,£D; ACCEPT'ED ON BEHALF OF 11{£ PUBUC. FDR PU8UC USE, THE OFFER OF OEDICA110N IN £ASEIIE1ff OF All PUBUC UT1lJTY EASEM£NTS (PUE) ANO THE OFffR OF OEDICAnON fN F'EI OF ALL STR£cT' RIGHTS-OF-WAY,· ALL AS SHOWN ON THIS RNA/. UAP.

JMrED THIS __ OAY OF ____ , 20_.

LUCY MALLONEc. CITY Cl.ERK 8Y: _ ____________ _
PRINT' NAUE.· ------------
RECORDER's STATEMENT
F1LED THfS __ OAY OF ______ , 20_ , AT ____ O'CI..OCK _ II.

IN &«UME __ OF PARC£!. IIAPS AT PAGES __________ __ , 11.C.R.

AT 71£ REQUEST OF STONEFTEI.O HOU£,, INC.

FE:E ______ _
MATT ff. MAY, COUNTY RfCOROER
.,,, ___________ . DE:PIITY
VOLUME_ PAGE SHEET 1 OF
98 LEGEND
•
~
:•:
0 :o:

OP
NOTf:: ALL Pf PE SIZES ARf fNSfDE OWJOER
FOUND J/4• IRON PfPE STAMPED LS 8040 P& (8) ANO/OR (CJ, UNLESS NOTfD OTHERWISE FOUND J/4• ff(()N PIP£ STAMPED LS 804() IN AIONUU£NT lf£U P£R (C) UNLESS NOrrD

OTHERWISE
FOUND GPS MONUMENT, AS SHOWN ON REF' (A}
FOUND BRASS TAG ST,IJ,IPED LS 80.fO IN CONCRE:Tf AT 1.00 FOOT PROJECnON OF ALL LOT UNES INT"O S11?EET ANO AT ALL RIGHT-oF-WAY ANGLE POINTS PER (8) SU J/4. x 24• IRON PfPc, WTTH PLASTTC PLUG STAMPfD LS 8040 SIT J/4• x 2-i• fRON PfPf, WTTH PiASTlC PLUG STAAIPW LS 804() IN MONUUENT WEU.

S£T BRASS TAG STAMPfJJ LS 8040 fN CONCRDF AT 1.00 FOOT PROJFCTION OF AU. LOT UNES INTO STREIT ANO AT A/.L RIGHT-GF-WAY ANG/.£ ANO CUM POINTS OFFICW..PI.A7S
D.N. OOC/JMcNT NUM8£R l (Al) MEi'SlffefD ON THIS SurNFY (R) RADIAi. BfARING
PUE PUBUC UT1UTt fAS£11£NT ~lilli~ C42 CURVE TABL£ REFfRENCE L99 UNE TABLE RUrnENCE

LINE DATA TABLE
UNE llfN/1NG DISTANCE
LI N88""8'02"W J09.16'
L2 589'57'04't ,07.02'
Ll Nt•t1'58C 20.69'
L4 N76"J5'02't 14-5.12'
l5 S89"58'0t"E 149.95'
l6 N5701'08t 186.64'
l7 S7J'20'09"W !XU/0'
LB 58lr2.J'04"W 49.65"
l9 NBIF.f8"02"W 5.J.J6'
LIO S84"18'(H,V 61.59'
(IJ)(B)(C)
(IJ)(B)(C)

IM(B)(C)
'(IJ)(B)(C)
(IJ}(B}(E}
(IJ}(B}(E)
(IJ)(B)(E)
(IJ)(B)(E)
(IJ)(B)(E)
(M}(B)(E)

LINE DATA TABLE
UNE BfARING OISTNICE
LIi 579"01'47"W 50.00'
LIZ 588"33'.J.J'W 48.9S'
UJ SlT01'59'W JO.I)()'
"' N89"58'01"W 100.00· I
l15 N<J'01'59"E: 122.00·
LI• N89"58'01"W 255.S7'
Ll7 N6"59'oO"E: 94.27'
LIB 51J"01'z,t."W 6.84'
L/9 N1"11'S8"E: 84.72'
L20 S44"22'J'3"E: 21.4.J'

I 'M)(B)(E)
(IJ)(B)(E)
(M)(B}(E)
(M)(B)(E)
(M}(B)(E)
(M}(B)(E}
(IJ)(B)(C)
(IJ)(B)
(IJ)(B)
(IJ)(B)

LINE DATA TABLE
UNf I BfARING I DISTANCE
L2I I NIJ9'57'04-W I 89.72· (M)(B)
l.22 I N1'JO'SQ-W I 7'.98' (M}(B)

CURVE DA TA TABLE
CUfM DELTA IW}//JS
C1 11"48'05• 1036.00'
CZ 6'24'06· 526.00'
CJ 1z4g•55• 1000.00'

BASIS OF BEARINGS
LENGTH
212.78' I
1 (11)(8)
(u}(C}
(IJ)(G)
S8.77' j
223.96' I
TRACT NO. 2015-01

SOIJTHPOINTE AT REGENCY PARK
PHASE11B

BEING A SUBDMSION OF THE REMAINDER SHOWN ON
·soUTHPOINTE AT REGENCY PARK PHASE 11A" IN VOLUME OF
OFFICIAL PLATS, PAGES - , MERCED COUNTY RECORDS;
LYING IN THE SOUTHEAST QUARTER OF SECnON 12, TOWNSHIP 10 SOUTH, RANG£ 10 EAST, MOUNT DIABLO MERIDIAN

CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2025
A 8£ARING OF N26"2J''32'W WAS MEASURED FOR TH£ UN£ 8F:TWfEN GPS/GIS 1021 AND GPS/GIS 1017 AS SHOWN ON TH£ GPS sum£Y CONTROL NETWORK RLED IN K)LUME 28 OF SUrNF't'S. AT PMXS 9-12, MERCED COUNTY ~ R£COR1JS.
~
;tc_
-u4 1--UJ' N89"58'01"W 1224.9t'(U)(B)(E) - u2._...-•-•-• L1' LIO l.9 LB g..r ~"' ' ~~. ~ . -. ~.,; "" ~

WC WITNESS CORNER AT DISTANCE NOTED I NOTES

1. All BEARINGS ANO OfSTANCES SHOWN HETIDJN ARE J.IEASUR£D UNLESS OTHERWfSE NOW.

PARCEL MAP
NO. 97-03
83-PM-01
'I if:1)1;1~ "!,. \'o. :!1 sef' o~· \ t ~
,-~w,-i. IIEMA"°" , =~~- ~ , '-...._N89"58,
01 ,., 66;:;_1
,(MJ(s) Lf 6 ( ✓,• 10.61 ACRES b L5
79 ~ ~ SEE DETAIL A <'> 2. ALL 0/ST»ICES ANO O/AIENSIONS SHOWN ARE IN FEEr ANO DECfMAL PAR'fS rTHIS SHITT 52.0l'(IJ} sz.OO'(M}(B}(F) S,,S'.5.I1l'lf(BJ._~~ THEJ/£rJF. J. AU. RECORD INFORJ.IAT10N SHOWN IS FffOII UfRCED COUNTY RECORDS.

REFERENCES
(A) GPS SURVEY CONTROL NETWORK, VOLIN£ 28 OF SURI.OS, PAGES 9-12, AI.C.R. (BJ TRACT NO. 201'-01, 50UTHPOINTE AT RfGENCY PARK - PHASE 11A, VOL.UM£ OF OFF1CW. PLATS. PAGES - . M.C.R. (CJ 71?ACT NO. 2015-IJI, SOUTHPOINTf AT RfGENCY PARK 7-11. VOLUU£ BS OF OFF1CJAJ.. PUTS, PAGES 4-4-49. U.C.R. (D) 71?ACT NO. 2015-01, SOUTHPOINTE AT RfGENCY PMK - PHASE 7, VOL.UM£ BS OF OFFICIAL Pt.ATS, PAGES 50-SJ. U.C.R. (EJ CERTIFICATE OF C0MPUANC£. D.N. 2024-0040J7, U.C.R.
(F) TRACT NO. 2015-01, SOIJTHPOINTE AT R£G£NC'f PARK - PHASE 6, \<OLUM£ 84 OF ~ Pt.ATS, PAGES 15-17, AI.C.R. (GJ TRACT NO. 2015-01, SOUTHPOINTE AT RfGENCY PARK - PHASE 4. VOLUME 84 OF OFF1CW.. P!A1S, PAGES 9-11, M.C.R. {HJ TRACT NO. 2015-01, SOUTHPOINTE AT RfGENCY PARK - PHASE 5. VOLUME 84 OF OFF1CW.. Pl.ATS, PAGES 12-14. M.C.R. (IJ TRACT NO. 2015-01, SOUTHPOINTF AT REGENCY PARK - PHASE 9, VOlUM£ 86 OF OFFICIAL PLATS, PAGES 15- 17. U.C.R.

NS728'M"W 1S98.17' .-I-(IJ-GR{)/JNO)
~b~\~~ ~~~ ~_J s!/>:!1 \ \\
u~ -i:3 ~ -l \ \ ~~~ ~~\ \ ~~-- <SJ~~\ \'!. ,.... "' l ~~ \% I ~\\ ~ -., GPS/GIS DITAIL -=, c\ \t. 1"111 NOT TD SCALE ~--. ~ I '<.b'll;.\ ~ =" \, \~\ \\
"1 \ s
'§, ~
1;_~.=N~\ l FOUND 3/4" 1i--M<'(IJ)(8) \ 1111
STAMPED IRON PIPE LS I 8040 PE~ (BJ 1 88 I '-. 78 /
....._ _ _..

DETAIL A NOT 10 SC4/.£
~ \\ \ 2• DIAMETER ALUMINUM
"tt--C4P STAMPED •GPS/GIS ~1!:,0[M]OOO&rnlW (;':@ml~□~ @m[,,W 1021 F?.C.£. 1SJ10-(A) DATE: 2025-3-14 10:36 FILE: M:\100025\Survey Drowings\PHASE 118 FM\02 - BND.dwg 78 ' f'<:;._ \ 29J.5lf(M)(B) I -1·
••
,r- N89"57'04"W 1081.74'(MJ 629.IJ'(u) -·, L2
LJ'~.J:•-
:::::• I N88'"8~2-W
M2.6J''(U)(BJ(F)
JB<.6J'(ll)(B)(C) f ~
~ ,.
"'i91.. 191 '96 195 ,., I 19, ,92 f 212 ~ ~ 210 I 269 I 268 I 267 I 266 I 265 I ,, =4: ;-'-~..__._..__._.J- 1/ 88 "' ~-'-1- ' ' 2 I" SOUTHPOINTE 1~4 115
116
113 -
;;-i-~
--j 118
SOUTHPOJNT[
7 ' f-~ t SOUTHPOINTE PHASE 10 - 94 PHASE 11A
86-0P-34 - -OP- . , ~ 72 95 --1·120
- - 1091--
7' 96 ---t- 121
/
- ~ , ~!-~ 10 98 I 101 123
- -+- ~ 69 99 106 124
~ - /00 105 + -;;; ~r~-t'.'.'. I ;;;:s- l i- 102 ~ 103 I ~
~i
'3

52.0l'{U)(B~ l' -
'4
- -:•'.------ I - ~ \ 187 r , 9 \ "" t; L 16' I ,.. -u )--I- - ,~ § I , •• I i "15
'=- - w
-• m m•
' --- ----- I--- __ - • ~ 21' I I I 2ss I 25• I 25J I 252 I 251 I ;sr -
- ~ lli
m
'" E 6 -~
~
,.9 'ii:!/
1 SE~ SHEET a 1
3t 17J
°'I SEE GIS DETM 152 r---;;--- Q::
m ;w 131
130
/29
148
184
~- <Q 217
BJ ~- ., .... 218
Jll-
.Bl := 219 ;; - '80 220
-
22'
222
~'76 = 8 "' I/ '8 ~ /THfS SHEET I 175 -'
~- LI - ~-~= •£ 178.16'_-._ 26•.vv 'IM'.; CJ 5 N88"48'02"W •• ,. .... .,. • .,_, •• SOUTHPOINTE '-- ~ PHASES
84-0f-12,
I ,., 12,21,,,1 ' I I m 245 246 1 I 247
240 - -l-, +-+-I +- -t 23,
1 ,JJ 232 239
I 2JB I 23
1 I
236
I
2 " !~ I
$OUTHPOINTE CRAIG
84-0P-9 '
, , I 231 ~ 225 I 226 I 221 I 22• I 229 23~ "'
:O,'"" -
OVERLAND ~ I 71 ~:J-;~ FOUND J/4" ff?ONj l 331 PIP£ STAMPED LS ~ )... -L 3JO 8040 ':a1m;rtrJ; i I - - PHASE: 4 COURTfil

SUBDMSION SUMMARY
SOUTHPOINTE #9 f-- - PHASE 8 SO
86-0P-12 PHASE: 7 85-0P-50
~
~
~
- ,-- SOU~HPOINTE -j 329
PHASE: 7
85-0P-50

VOLUME PAGE
60 LOIS smms

REJJAJNOER
mrAL

7.00 ACRES 2.o.J ACRES

10.61 ACRES

19.64 ACRES
SHEET 2 OF 4
99 ooNAvAN I.AN£ SEE SHEET4 ~Po,11-1~ <#c - ~•1-
-f,~•\- , , )°sWc' / ('o\- \, J51!C ( !
a> 111 Ill 11 -
0 ;;f ~i . ~ ' :?l:, ' ~ /l :ai ! " ' J I:~ :3 ~ '.! 26' ~ 26' }-,,._,o• '83 ~ :; SOUTHPOINTE "' ., " '59 •• " ' " " ~ 144 ~ 26' 26' ~ \ 168 ~ -M N88'48'o2"W ,b,. PHASE 5
-M N88'48'02,,, , , 10500' II 84-0P-12 ,; -•~• [ • • - J __ ! Lw ~ /82 > "' I - - - ~-,~ 10500 10' PUE _JI. j 1~ 1'0' PUE 158 § \ 10500' 10' PUE- ·1- 1~ II FOUND~;!!,;;,, PIPE_:!f_ ----1--- - i ~ 145 !'l ,g 4,72HF. .. 8 I 8 STA/,/PED LS BD"; PER (G) (I\ I ,c,g 7·5SF. l,g I \.; 169 "' ,, N88'4802,,, 0~ '3' 8 '· , • 'o' N88'48~2,,, .. 4,725 S.F. I .. I A I 10500' 'I<'. '!J 01 N88''8'0~,,, I : : '!' I 10500' 111 N88''8~2,,, 'o' 1- . ;\!: 219 ~ t:-: - - - -•\ 105.00 • ' 0\ 10500' I , ' . 8 I 181 8 ~ Cl ~,l -·~ I , ·1· 1 ,... ~, -- I .I, ~ , -v----::7'1,
;;-~8 ' 145 I~;:: ' 1'! .,a ~ I ,,125s., 157 ~,
"a ' "' ,a 4,725 SF. ,a ~ ~ 170 18., i I _,..
02 ,,, 11 133
8 ,g
4 ,
725
SF. j ~ ;,. ~, I N88'48'02-., 1o'!J 4,725 SF. ~ ~ :o: 10500' \ ----1--- _ __ iL~\ 105.00' j 'lj., ;:,; ~. l:,- o 10500, I .0
1 , '- g j STA/,/P[O LS 8040 PER {G) S ~ :;i= - ill "" "8 I 155 ,,!'l \ • "' _ - t :;i 180 :;ii! 220 I ~idi 147 I I;!;:: ~ ~ '!J 4,725 S.F. :;;~ b 171 I 8 ~ 'l! ! "' I 5,250 S.F. ~ 132 "''8 .. 4,725 S.F. I "' l-1 ', I N88''8~2,,, !llj'l1 4,725 S.F. I ,a~ .,1., ', I N88'48'0~,,, \0 SO."> ~- - ' "' <> •- .. K ~ -- 1,! ....,,. I ,
1 : '
0 1' j
105
•
00 ' t IIJ N88'48'02-., I 'o' ~ ·, I FOUND J}i-°'/.oN PIPE_.-4 1 /\_ ----1--- 1 PHASE 11A - ~ -•\
10500
81 "'s°/\ 105_00· •
1 , ;::
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TRACT NO. 2015-01

SOIJTHPOINTE AT REGENCY PARK
PHASE11B
BEING A SUBDMSION OF TH£ REMAINDER SHOWN ON
·soUTHPOINTE AT REGENCY PARK PHASE 11A" IN VOLUME OF
OfflCIAL PLATS, PAGES - , MERCED COUNTY RECORDS;
LYING IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANG£ 10 EAST, MOUNT DIABLO MERIDIAN

CITY OF LOS BANOS, COUNTY OF MERCED, STA TE OF CALIFORNIA MARCH 2025
NOTES

1. ALL 8cAR!NGS AND DISTANCES SHOWN HEREON~ AIEASURFJJ UNLESS OmrRWISE NOTED. 2. ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET ANO DEC/UAL PARTS THffiWF.

J. ALL RECORD INFORAIA.TION SHOWN IS FROM MERCED COUNTY R£COROS. 4. FOR LEGEND AND REFERENCE ™TA SEE SHEIT 1WO. ,.,..--;:r-------" / ~~ \ I :::~ ( "' '" \ I
I }1.._c,5 \ 1111
\ DOWELL COURT ,'1;(•W:.J2I(R) I I
\ i l5J I
" t / '-- / ........ - DETAIL 8 NOT ro SCALE

CURVE DATA TABLE I I LINE DATA TABLE
CURVE DEl.TA RADIUS LENGTH UNE BEARfNG DISTANCE
Cl ,1·,w•05• IOJ6.00' 212.78' //J)(B)(C) 122 Nl'JO'SO"W 74.98' CJ 12'.f.9'55• 1000.00' 22J.96' //J)(C) 123 S46'1''58"W 21.21· c, 8"01'22" 1000.00' 140.02' (M/(0 124 N4J"48'02"W 21.21' C5 4",#J'J5• 1000.00' lil95' 125 NJ'1f'041f 9.81'
C6 14-'2.f.'J9" 29.00' 7.29'
Cl JZ'09'24-. 29.00' 16.28'
C8 46'J4'0J" 2s.oo· I 2J.sl'
C9 ,f.,J'l9'59"
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C16 46'34-'0J" 29.00' 23.57'
C17 723'02'" 1036.00' 1.13.51' I CIB 4'2J'02" IOJ6.00' 79.27' 1(8)
R)
DATE: 2025-3-14 10:06 FILE: M:\100025\Survey 0rowings\PHA.SE 118 fM\03 - MAP.dwg VOLUME __ PAGE __ SHEET J OF 4 r---
100
TRACT NO. 2015-01

SOUTHPOINTE AT REGENCY PARK
PHASE118 LINE DATA TABLE CURVE DATA TABLE CURVE DATA TABLE CURVE DATA TABLE UNE BEARING 0/STANCf CUIM OELrA RADIUS LENGTH CUIM DELTA RADIUS LENGTH CUIM DELTA RAO/US LENGTH BEING A SUBDMSION OF THE REMAINDER SHOWN ON L2 589"57'04"£ 107.02' {ll)(s)(c) C/9 .JS,U'0Z- 25.00' 15.59' C2J JT42'12" 9.J.00' 6t.20· C27 0"06'.Jf" 9.J.00' 0.18' ·soUTHPOINTE AT REGENCY PARK PHASE 11A" IN VOLUME OF L20 S44'22'JJ"£ 21.0· {11)(8) C20 J'48'20" 25.00' 1.66' C2' 2SJJ'49" 9J.OO' 41.49' C28 159'J5'J5" 9J.OO' 259.04' omC/AL PLATS, PAGES - • MERCED COUNTY RECORDS; L26 s,u·22'JJ"£ 21.,f.J' C21 J!TJ2'2Z- 25.00' 17.25' C25 24'59'4.J" 9J.OO' 4().57' C29 J2"55'58" 25.00' 14.37' LYING IN THE SOUTHEAST QUARTER OF SEWON 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT D/ABLO MERIDIAN L27 N4SJ7'27"£ 21.00· C22 39'13'10" 9.J.00' 63.66' C26 JZ-00'10" 9.J.00' 51.95' CJO 4•0,•41" J26.00' 22.93'

CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA I MARCH 2025 REMAINDER
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CURVE DATA TABLE
CUIM'J DELTA RADIUS j LENGTH
CJ/ I t8'09'0J" 214.00• 1 86.so'
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NOTES

1. ALL BEARfNGS AND DISTANCES SHOWN HmFON ARE
UFAStJMD UNLESS 0~ NOTFD. 2. ALL DISTANCES ANO OIUENS/ONS SHOWN ARc IN FFIT AND 0£CfUAL PARTS 7'-IEREOF. J. ALL RffXJRD INFORUAT10N SHOWN IS FROM MERCfD COUNTY RECORDS.

4. FOR LEGEND ANO REFERENCE DATA SEE SHEET Tittl.

SHEET 4 OF 4
101
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01

SOUTHPOINTE AT REGENCY PARK,
PHASE 11 BAND ACCOMPANYING

1. The Final Map is a minor deviation from the Tentative Tract Map No. 2015-01, however, the accommodation has been approved by the Public Works and Planning and Community Development Directors; and

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

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

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March, 2025, 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:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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Recording Requested By:

City of Los Banos
And When Recorded Mail to:

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

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 19th day of March, 2025, between STONEFIELD HOME, INC., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2015-01, Southpointe at Regency Park Phase 1 IB, comprised of 60 single family residential lots on approximately 9.03± acres with an additional 10.61± acres for Southpointe at Regency Park Phase 11 C and future Northpointe Subdvision (remainder), a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S) have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in Subdivision Improvement Agreement
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details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the Planning Department has determined that it is in the best interests of the City to waiveany further work of completion of items related to the ponding basin and park land areas detailed in the Final Development Plan, and the Conditions of Approval set for in items 22, 23, 25 and 26 (the "Further Basin and Park Land Improvments"), to facilitate the dedication of the lands delieneated in the Final Map for a ponding basin, which will be dedicated up the approval of the Final Map for Southpointe Phase 11 C, and that the waiver of such further work on the Further Basin and Park Land Improvments constitutes minor modifications of the Conditions of Approval of the Final Development Plan (the "Minor Modification"), as authorized by Los Banos Municipal Code Section 9.2809.

WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. to be in substantial compliance with the designs and Conditions of - - - - Approval of Vesting Tentative Tract Map No. 2015-01, as modified by the Minor Modification, and further ratifies and confirms that such Minor Modification approved by the Planning Department is consistent with the requirements of terms of Los Banos Municipal Code Section 9.2809, and is otherwise in the best interests of the City.

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

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of April 2027, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph Subdivision Improvement Agreement
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stated and fixed, do or cause to be done and performed, the following described work and improvements,( as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:

1. WATER $ 2,000.00

2. CONCRETE $ 178,900.00

3. PAVEMENT $ 8,110.75

4. ELECTROLIERS $ 24,500.00

5. MISCELLANEOUS $ 202,808.00
10% CONTINGENCY $ 41,4631.88
TOTAL $ 457,950.63

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $457,950.63 and Labor and Materials at 50%, $228,975.32 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$45,795.06. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

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

ENGINEERING AND INSPECTION
5% of Original Engineer's estimate of$ 1,959,764.05
Less: Deposit for Plan (Check# 24824)
Less: Payment (Check #32213)

SUB-TOTAL
Subdivision Improvement Agreement
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3 $ 97,988.20
$ (39,195.28)
$ (58,792.92)
TOTAL
SOUTHPOINTE AT REGENCY PARK, PHASE 1 IB
$ 0.00
$ 0.00
111

FINAL MAP REVIEW
Charges for Phase 11 B to date (Final Invoices Pending) $ Less: Deposit for Map Review (Check# 32112)

SUB-TOTAL
$
-0.00-
(2,000.00)
TOTAL
$ 0.00
$ 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $457,950.63 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2015-01. All public improvements and utilities must be installed prior to occupancy of units.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

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

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or final of any housing units.

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

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

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

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2015-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

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

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

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

ATTEST:

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

Attach a Notary Acknowledgement.

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Stonefield Home, Inc.

A California Corporation
Greg Hostetler
President

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
Michael S. Amabile
Mayor

PARTIES OF THE SECOND PART
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
- attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ____________ _
On _ ___________ before me, __________________ _
(insert name and title of the officer)
personally appeared _ _ _ ____________________ ____ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _____________ _
Subdivision Improvement Agreement
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(Seal}
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Ii BENCHMARK

ENGINEERING
Exhibit A

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 11 B - 60 LOTS

LOS BANOS, CA
ITEM DESCRIPTION UNIT QUAN.

A. WATER

1. CONNECT TO EXISTING 8" WATER EA 2

SUB-TOTAL
B. CONCRETE

1. ACCESSIBLE RAMP (LABOR ONLY) EA 10

2. 5' WIDE SIDEWALK (INCLUDING RETURNS) SF 13,008

3. 8' WIDE SIDEWALK (INCLUDING RETURNS) SF 4,372

4. RESIDENTIAL DRIVEWAY EA 58

SUB-TOTAL
C. PAVEMENT

1. 0.21' AC/ 0.50' AB/ 0.50' ASB SF 2,513

2. MONUMENT WELL EA 4

SUB-TOTAL
D. ELECTROLIERS

1. 150W STREET LIGHTS EA 7

SUB-TOTAL
E. MISCELLANEOUS

1. LANDSCAPING/IRRIGATION SF 28,044

2. STRIPING AND SIGNAGE LS 1

3. EROSION CONTROL LS

SUB-TOTAL

UNIT PRICE
$1 ,000.00
$500.00
$5.00
$5.00
$1,500.00
$2.75
$300.00
$3,500.00
$7.00
$1 ,500.00
$5,000.00
IN-TRACT SUB-TOT AL------------>
10% CONTINGENCY============>
CONSTRUCTION GRAND TOTAL------------>
NOTE:

JOB #100025
02/13/2024
AMOUNT
$2,000.00
$2,000.00
$5,000.00
$65,040.00
$21 ,860.00
$87,000.00
$178,900.00
$6,910.75
$1,200.00
$8,110.75
$24,500.00
$24,500.00
$196,308.00
$1 ,500.00
$5,000.00
$202,808.00
$416,318.75
$41,631.88
$457,950.63

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY NK
REVIEWED BY ___ M_R __ _
K:1100025\Estimates\PHASE 111(2025-02-13_ 11 B Bond Estimate.xls]ENGEST 119
Exhibit B
CONDffiONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP n>l.5-01-

SOUTHPOINTE AT REGENCY PARK
General

1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reffecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. ff necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed t7_,, the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract.Map.

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

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

4. All development shall be consistent with the Vesting Tentative Tract Map #2015-01 and approved Final Development Plan #2015-01, reflecting any amendments added during approval.

5. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, induding any changes set forth il the conditions of approval.

6. A Final Map shall be prepared by a professional land surveyor licensed il California or a professional engineer licensed In California and qualified to practice land surveying, according to the SubdMsion Map Act, and local ordinances.

7. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.

8. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.

9. A Final Map Guarantee shall be prepared and provided to the County Recorder.
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10. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized {notary shall not be stamped on the map) and delivered to the Public Works Department

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

12. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.

13. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2015-01.

14. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: ''The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A comer record shall be flied in accordance with State law for any reset monuments at the Contractor's sole expense."

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

16. On-site Improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.

17. Off-site public improvement plan{s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval Is received by the Public Works Department. The developer shall enter Into a subdivision Improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.

18. The project is subject to the appropriate Development Impact Fees as established by the City.
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19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.

20. The applicant shall obtain City approval in advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.

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

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

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

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

25. An engineering soils report shall be prepared for all projects i1 order to identify soil characteristics requiring special structural design. On+site and off-site structural design shall confor:m to the findings and recommendation of the engineering soils report. The report shall be prepared prior to Issuance of a grading .pennlt, subject to review and approval of the Los Banos City Engineer.

26. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care}, or other uses in which persons may contact soils}, a Phase 1 environmental assessment shall be prepared to determine If soils contain hazardous materials. If necessary, a remediation plan shalt be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
27 ♦ Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.

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

29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
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30. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be induded i1 any permits Issued for the project site, lnduding, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:

If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find an+ the area shall be staked off. The project developer shall notify a qualified professional archaeologist If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
31; In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is induded in all permits h accordance with CEQA Guidelines section 15064.S(e}:

If human remains are found during construction there shall be ro further excavation or disturbance of the site or any nearby area reasonably suspected to over1ie adjacent human remains until the Los Banos Police Department contacts the coroner of Merted County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall Identify the person or persons It believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided In Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a} the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b} the descendent identified falls to make a recommendation; or c} the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Pre-Construction and Construction

32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 123
200 feet of a residence, a six-foot high opaque fence shall shiek:I the storage area from view when the storage area is inactive for more than eight hours_. This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Department

33. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department h areas where residential units are under construction.

34. Temporary construction trailers shall be pennitted only i1 areas immediately adjacent to or within that portion of the subdMsion where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.

35. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.

36. Prior to acceptance of public improvements, all entries to the subdMsion shall be barricaded to prevent the public from entering the construction site.

37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.

Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taller than eighteen inches.

38. All contractors and subcontractors performing work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project All work perfonned on the project shall comply with the requirements of the State Business and Professions Code.

39. Construction shall be limited to those times allowed by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPOES storm water regulations.

These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
124
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing ins lled in accordance with the American Society for Testing and Materials standard 06462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National Pollution Discharge Elimination System (NPOES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.

41. Where standard corner lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.

42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.

43. Masonry walls shall be decorative and in conformance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.

AirQualit)c

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

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

46. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District. 125
Developer shall prepare an air emissions reduction if required.

Access and Circulation:

47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program {TIF). The reimbursements shall only apply b Ward Road up to Over1and Avenue intersection and Over1and Avenue.

48. Full width improvements for Ward Road from the souther1y boundary of the project to the northerly boundary, shall be constructed i1 conformance with the phasing plan as approved by the Public Works Director.

49. No driveway access shall be allowed from or on Place Road or Over1and Avenue.

50. Ward Road shall be designed with a minimum 59' public right-of-way.

51. The Class I and II bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.

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

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

53. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.

54. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs h accordance with the public improvement plans and City standards.

55. Final Map(s) shall show a non-access strip 12 inches i1 width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
ffi. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs i1 accordance with City and/or Caltrans standards.
126

57. The developer shall be responsible for obtaining encroachment pennits from the City of Los Banos prior to. performing any work within the City's right-of +Nay.

58. The developer shall design and install traffic cal,riing measures throughout the project area as approved by the City Engineer.

59. Traffic calming shall be provided on the existing and future Castellana Street and Palermo Street.

60. Traffic calming measures may lndude, but are not limited to, raised intersections, speed cushions, stop signs, vari ♦ cross sections, and roundabouts.

Landsca ♦ .and Lighting District:

61. Prior to approval of any final or parcel map, the developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, slgnage and public lighting induding a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as detennined in its sole and exclusive discretion. It is the Intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.

Utilities:

62. The applicant shall construct water, sewer, and stonn drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department ., regards to needed infrastructure and development during the Improvement Plan Review stage.

63. In confonnance with the Subdivision Map Act, the developer shall pennit Installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.

64. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties. 127

65. All existing overhead utilities shall be placed undergroµnd wi1h the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.

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

Water:

67. 68.

69. Sewer:

70. 71.

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

Approved backflow devices shall be installed as required.

Domestic water services shall not be placed il driveways.

The sewer collection system shall connect to the Meadowlands sewer 111 station.

Upon issuance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable h accordance with the Northgate Sewer Lift Station Reimbursement Agreement.

72. The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.

73. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.

Storm Drainage:

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

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

76. Adequate capacity for the stonn drainage detention needs of Pacheco High School shall be accommodated within the new storm drainage basin, 128
described in the Stonn Drain Conveyance and Pump Station Analysis dated Januaay 14, 2005, subject to the review of and as may be modified by the City Engineer.
n. Prior to acceptance of Anal Improvement Plans, the applicant shall submit verification from the manufacturer that the pump station capacity is adequate for full basin to shut-off operational conditions.

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

79. All development shall comply with the Phase I stonn water regulations.

80. Final Improvement Plans for the stonn drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading pennil

81. The Developer shall generate a Stonn Water Pollution Prevention Plan (SWPPP) for pre and post construction best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources.

82. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.

Public Safety:

83. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development pennits.

84. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standa.rds.

85. The developer, as specified by City development standards, shall Install "Blue Dof fire hydrant locators.

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

87. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.

88. Fire hydrants ( or other methods approved by the Fire Chief) on Overland Avenue shall be in place and functioning prior to approval of the first 129
residential building pennit. Fire hydrants (or other methods approved by the Fire Chief} shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.

89. Street names shall be approved by the Fire Department

90. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior 1D Issuance of building permits.

91. Upon completlon and approval of the project plans, a CD shall be submitted to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pr planning}.

Landscaping:

92. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building permit issuance and shall be approved by the City Engineer and Community and Economic Development Director.

93. The developer shall comply with the adopted street tree ordinance.

94. Masonry walls shall be landscaped with vines to discourage graffiti.

95. The applicant shall submit landscape and irrigation plans with each phase of the Improvement plans for City review and approval of streetscape landscaping.

96. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. Irrigation systems shall be set to minimize water use and spillage onto paved areas.

97. Landscape plans shall be designed i"I accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 130

EXHIBITC
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2015-01 -

SOUTHPOINTE AT REGENCY PARK
General:

1. All development shall be consistent with the Final Development Plan, reflecting any conditions of approval or amendments approved by the Los Banos City Council, which includes: the Vesting Tentative Tract Map, the land use type, pedestrian and vehicular access, architectural design, parks, open space, and recreation, public facilities, services, and infrastructure, and phasing plan.

2. Building Master Plans shall be consistent with the Final Development Plan and approved by the Community and Economic Development Department and Building Department prior to issuance of a building permit.

Lighting:

3. All street fighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.

Architecture and Physical Design:

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

5. The monotony of straight building lines shall be alleviated by varying the size of individual buildings, staggering the front yard setbacks, varying exterior building materials and colors, articulating building facades, and utilizing extensive landscaping.

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

7. The minimum front yard setback for front-loading garages shall be 20' and side-loading garages shall be 15'. The minimum setback to living areas shall be 15' from the front yard property tine. The minimum front yard setback to porches shall be 10'.

8. The minimum side-yard setback for interior lots shall be 5', standard corner lots shall be 10', and reverse corner-lots shall be 15' from the property line. 131

9. The minimum rear-yard setback shall be 10' for single story units, and 20' for multi-story units.

10. The rear yard setback may be reduced by 2' to provide for stagger.

11. The typical architecture and plot plans set forth in the Final Development Plan are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.

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

13. Residential dwelling units shall not exceed 30 feet in height.

14. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.

15. If parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-

3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.

Physical Amenities:

16. The developer shall provide decorative lighting as shown in the Final Development Plan.

17. Enhanced pedestrian treatments shall be used at the intersection of Overland Avenue and Place Road, such as, but not limited to stamped concrete as approved by the Community and Economic Development Director.

18. The developer shall install a six-foot high decorative masonry wall along Place Road and Ward Road within the non-access strip at the rear of private properties.

Parks and Landscaping:

19. Linear corridors shall be in conformance with the Final Development Plan, and in accordance with the designs shown therein.

20. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.
21 . Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.
132

22. The developer shall comply with the current development standards for basins and drains, to include all landscaping and related irrigation systems.

The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.

23.A palette of locally native plants should be specified for landscaping within the park basin area adjacent to the San Luis Canal. The landscape plan shall be subject to review and approval by the Central California Irrigation District to ensure that the provisions of the landscape plan do not conflict with the District's on-going weed abatement program. The buffer shall be designed to include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifolia), and native grasses, and shall not include plantings of non-native, invasive plant species, such as yellow star thistle (Centaurea solstitalis), brooms (Genista spp.), pampas grass (Cortaderia spp.), and tamarisk (Tamarix spp.). The buffer area shall provide native vegetation adjacent to the San Luis Canal and the recreational pathway and provide a vegetative barrier to discourage human and domestic animals from disturbing the canal or its banks.

24. Landscape plans for each residential front yard shall utilize drought tolerant plantings. The developer shall be required to follow local and State mandates regarding water conservation and water efficiency. Once the City adopts a new water efficient landscape ordinance, the developer shall be required to follow the new ordinance requirements. Landscaping shall be installed prior to Certificate of Occupancy.

25. The developer shall include the following utilities in the park basin facility:
electrical, sewer connections, storm drainage, and water service.

26. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.
133

THIS PAGE IS INTENTIONALLY LEFT BLANK
134
LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City DATE: March 19, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2015-01 Southpointe at Regency Park- Phase 11 C Recommendation:

That the City Council adopts the Resolution approving Final Map No. 2015-01 Southpointe at Regency Park- Phase 11 C.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 6065. In October of 2023, the Public Works staff was contacted by the developer Stonefield Home, Inc., a California Corporation, for Final Map approval. In January 2025, a Stonefield Representative contacted the Public Works Department with an updated Final Map; Southpointe Phase 11 C separating original Phase 11 into three phases. In March 2025, the Phase 11 C final map was deemed substantially complete by the Public Works Director.

Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Place Road to the west, Mission . Estates and Verona Subdivisions to the south, and Ward Road to the east, more specifically identified as APN:
424-120-030. The applicant is Stonefield Home, Inc., a California Corporation.

Southpointe Phase 11 Final Map originally consisted of 132 Single Family homes acres.

Southpointe Phase 11 C Final Map consists 10 single family residential lots on ITEM 8H
135
approximately 5.05.± acres with an additional 5.56± acres for future Northpointe Subdvision (Lots A, B & C).

Approval of any future Final Maps will require dedication of streets and on-site landscaping improvements consistent with City policy.

Fiscal Impact:

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

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

Reviewed by:

Attachments:

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01

SOUTHPOINTE AT REGENCY PARK,
PHASE 11C AND ACCOMPANYING

SUBDIVISION IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11 C and accompanying Subdivision Improvement Agreement: and
WHEREAS, the single-family residential subdivision consists of 10 single family residential lots on approximately 5.05.±. acres with an additional 5.56.±. acres for future Northpointe Subdivision (Lots A, B & C); and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2015-01 Southpointe at Regency Park Phase 11 C, and any minor technical revisions necessary, for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording of said map and associated documents based upon the following findings:

1. The Final Map is a minor deviation from the Tentative Tract Map No. 2015-01, however, the accommodation has been approved by the Public Works and Planning and Community Development Directors; and

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

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

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March, 2025, 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:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
137

OWNER'S STATEMENT
1£ THE UNOfRSIGNED, DO HER&'( STA1l' 71-IAT WE' ARE THE OWNERS OR HA~ SOl,IE RIGHT, Tm£, OR fNTERfST OF RfCQRO IN THE wm SHOWN ON THIS MAP, ANO WE' CONS£Nr ro THE PRfPARATION AND R£COROAT10N OF' THIS .w.P. lt'f AL.SO HERfJJY OFFER AN IRREVOCABt..E OEDICAT10N TO THE CITY OF LOS BANOS, AS fASDIENTS, F'OR PUBUC USE, ALL PUBUC unuTY EAS£MEWTS (PUE). lt'f ,'LSO OFFER AN IRREVOCABLE OflJICATION TO THE crrr OF I.OS BANOS, IN FEf, FOR PU8I..JC USf. fil STRfET RIGHTS-OF-WAY, ALL AS' SHOWN ON THfS RNA/.. MAP.

OWNER: STONtF1ELD HOM£. INC., A CAUFDRNfA CORPORATTON
BY, ~GR~=ro HO= s==~--------- lMTE: ________ _
TRUSTff: A08.17Y NATIONAL Tm.£ COMPANY OF CAI..JFORNl,I,, A CAl.lFDRNfA CORPORAT10N 8Y ~S'"IGIIA=TU"'•"'r __________ _ lM1E: ________ _
PRfNT NAME PRINT Tm..£

NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OrHER OFFICER COUPL£11NG THIS CERTTF1CATE VER1F1£S ONLY THE IDOfflTY OF THE INDIVfDUAL WHO SIGN£0 TH[ DOCUMOff ro WfflCH THIS CERT1F1CATE: IS A"ACHED, ANO NOT THE TRUTHFUl.NESS, ACCUR,f.C)',_ OR VAJ.JOITY OF 11-IAT DOCIJUENT.
~tirr OF CAUFVRM4 I S.S.

ON ________ , 20_, BEFORE U[. ___________ _
A NOTARY PIJBUC, PERSONALLY APP64RfD ________________ _ WHO PROVm TO UE ON THE: BASIS OF SA11SFACTOHY E\lfOENCE TO BF rffE PERSON(S) WHOSE NANE(S) IS/ARE SUBSCR/8£0 TO THE wmllN INSTRUMENT, ANO ACl<NOWl..£OCED 1V UE THAT HE/SHE/THEY EXECUTfD THE SAJIE IN HIS/HER/THEIR AtmlOFNZED CAPACITY(fES}, AND THAT BY HIS/HER/THEIR SICNATURE(S) ON 1H£ INSTRUIIENT TH£ PfRSON(S), OR 'THf OIT1TY UPON BEHALF OF t+HfCH T1lf PV&JN{S) AC1ED, D<£CIITE() THE: INSTRUMENT.

I CERTlFY UNDER PENALTY OF PERJURY UNDER 11-£ lAltS OF THE: STAil' OF CNJFDRN/A THAT THE FORa;OING PARAGRAPH IS TRUE ANO CORR£Cr.

WfTN£SS MY HANO
SIGNAnJRC: ___________ _ COUIIISSION NUUBER: ______ _
PRINCIPAL COUNTY OF BUSJNESS: _____ _ MY COIIIIISSION D<PfRES: _____ _

NOTARY ACKNOWLEDGMENT
A NOTAHY PIJ8LIC OR 071-IER OFF1C£R COUP1.£TTNG 71-115 CEFmFlCATE VERIFIES ONLY 71-IE ID£NTT1Y OF THE WOMOUAL ~
WHO SIGN£D THE OOCUUENT TO MflCH 71-IIS CER11F1CATE IS ATTACHED, ANO NOT THE TRUTHFUI..NfSS, OR VAUOfTY OF THAT OOCUUENT. ~~OFG4LJFORNL4 I S.S.

ON ________ , 20_ , BERJRE IIE, ___________ _
A NOTAHY PUBUC, PffiSONALLY APP64RED ________________ _ WHO PROVfO TO 11£ ON THE BASIS OF SAT1SFACTORY EVfOENC£ TO Bf THE PERSON(S) WHOSE' NAJ,JE(S) ts/ARE SIJBSCRfBED TO THE wtnllN INSTRUMENT. ANO ACKNOWLEDGW TO ME THAT HE/SHE/THEY EXECUTED THE SAJIE IN H/Sfi/ER/THEIR AUTHORIZED CAPAaTY{{ES}, ANO THAT B'I HIS/HER/THEIR SIGNATURE(S) ON 1Hc /NSml.H,f£NT 71-1£ PERSON(S), OR THE ENTTTY UPON 8EI-IALF' OF WHICH THE PERSCN(S) AC1ED, EXECUTED THE /NSTRWJENT.

I CERTIFY UNDER PeW.TY OF PERJURY UNDER THE lAltS OF THE STATE OF CAJJroRNIA THAT THE: Fr)R£(](JING PARAGRAPH IS 'TRUE ANO CORR£CT.

WTTN£SS MY HANO
SIGNATURB _ _____ _ _ _ __ _ COUIIISSION NUUBER: _ _____ _ PRINCIPAL COUNTY OF BUSINESS: _ ____ _ MY COMII/SSION EXPfRES: _ ____ _ DATE: 2025-J-14 12:30 FILE: M:\100025\Survey 0rawings\PHASE 11C FM\01 - CERT.dwg TRACT NO. 2015-()1

SOIJTHPOINTE AT REGENCY PARK
PHASE11C
BEING A SUBDMSION OF THE REMAINDER SHOWN ON ·soUTHPOINTE AT REGENCY PARK PHASE 118" IN VOLUME OF OfflC/Al PLATS, PAGES - , MERCED COUNTY RECORDS; LYING IN THE SOUTHEAST QUARTER OF SECnON 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN CITY OF LOS BANOS, COUNTY OF MERCED. STATE OF CAUFORNIA MARCH 2025

II BENCHMARK ENGINEERING

CML ENGINEERING, PLANNING, AND LAND SURVEYING
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Pl/"5/JANT TO SFX:T10N 664J6 OF THE Sll8DMS10N UAP ACT, THE FOLLOWING SIGNATUFES HU£ BEEN OUITTED:

NAN£:

TYPE OF INTEREST:

OffD REFERENCE:

NNJE:

TYPE OF INTEREST.· DEED l/£FE/lfNCE,
YITO SPINA ANO ROSALIE SPINA ANY RIGHT OF ENTRY ANO EASEMENT NECESSARY FOR THE PROOOCT10N, EXPLORATION, OR STORAGE" OF OIL OR MINERALS 800K 806 OF OFF1CW.. RECORDS, PAGE J48, M.C.R., REC0R0CD 4 JUNE, 19.fS THE S,W JOAQUIN ANO KINGS Rfl,£R CANAL AND IRRIGATION COAIPANY C,ANAJ. RfCHT OF WAY BOOK P OF DEEDS, PAGE 280, M.C.R.

PLANNING COMMISSION STATEMENT
I, STACY SOUZA El.MS, DIRfCTOR FOR THE CITY OF LOS BANOS COUit/UNiTY ANO £CONOUIC OEVEl.OPAIENT OEPARnlENT. 00 HEREBY STATE 71-IAT I H4\1£ £XAMINED THIS FINAL MAP OF "'mACT NO. 2015-01 SOUTH~ AT RfGCNCY PARK - PHASE 11 • AND THAT 71-IE SUBOMSfON IS SUBSTANTIAU.Y THE SA.WE" AS 71-IAT SHOWN ON THE TENTATTVE UAP APPROVED gr THE CITY Pl»INING CQUUISSION ON THE 1171-1 tl4Y OF ~Y. 2016, AND 71-IAT THIS FINAL UAP OF "m4CT NO. 2015-01 SOU71-IPOINTf AT~ PARK - PHASE 11• COMPU£S WTTH All REQUIREMENTS OF SAJO Pl.ANNING COUIIISSION.

DATED THIS __ DAY OF ____ , 20_
STACY SOUZA £UIS, COUMUNfTY AN(rECi:JNOfJIC-DB£f..OPMEW' DIRECTOR

CITY OF LOS BWOS

RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO. 121 J:
'THE PROP£RTY OESCRl8ED ON THE H£RmN SHOWN MAP IS IN 71-1£ 'VfC/NfTY OF LAND /JTIUZEO FOR AGRICUL7UFW..

PURPOSES ANO RESIDENTS OF THIS PROPERTY ~y BE SIJBJcC'f TO INCONVENIENC£ OR OISCOUFORT ARISING FR0U THE USE OF AGRICUl.nmAJ.. CHE.MCAJ..S, INCLUOING, 8111' NOT lJAIITEJJ TO, PEST1CIDES AND FERT1UZERS, AND FROM 71-1£ P/JRSIJIT OF AGRICULTURAL OPERA110NS INCLUDING, BUT NOT UIJJTfD TO, PLOWING. SPRAYING, ANO BURMNG WHICH OCCASfONAU.Y MAY GENERATE OUST. SAIOKE. NOISE. ANO ODOR. 71-1£ COUNTY OF MERC£O ~ EiTABUSHED N;RfCIJLTlJRE AS A PRfORfTY US£ IN AGRIClA.TURAL ZONES WHICH AR£ OUTSIDE OF AN 6TAa.JSH£0 SPCCIFTC URBAN OEVFI..OPAIENT {SUDP} BOUNDARY, RURAL RES/DENTW.. CENTER (RRC} BOUNDARY. HIGHWAY INTERCHANG£ CENTrn {HIC} 80UNDAHY. OR AGRICULTURAL S£1MCE CENTER (ASC} BOUNDAHY. ANO RESIOENTS OF IWOPER7Y IN 71-1£ YICINfTY OF SUCH AGRICULTURAL ZONES SHOULD 8£ PREPARED TO ACCEPT INCONVEMENCE OR OISCOIJFOl?T FROM NORMAL. NE'CESSARY AGRICULTURAL OPERATTONS.

SURVEYOR'S STATEMENT
THfS UAP WAS PREPMED f/Y ME OR UMJER MY DIRECTION ANO IS BASED UPON A FIEI..D SURVEY IN CONFORUANCC WITH 71-IE R£QIJIROl£NTS OF THE SUBDMSION UAP ACT IND LOCAL ORDINANCE AT THE RroUfST OF CR£G HOSTrn.ER IN OCTOBER 2022. I HERfBY STATE THAT THIS FINAL UAP SIJBSTANTlALLY CONFORUS TO Tl-IE APPROVED OR CONDITTONAL APPROVED TENTA~ UAP, 11-IAT All AIONUUENTS ME OF 71-IE CHMACTfR ANO OCCUPY 71-1£ POSITIONS INOICA1ED, OR THAT THEY lt1LL Be SIT IN TH0S£ POSITIONS ON OR BEF'OM SA/0 SU8DMSION IUPR(JllfMENTS AR£ ACCEP1ED gr THE arr OF LOS BANOS, AND THAT THE MONUUENTS ARf OR MU BE SIJFRC/ENT TO ENABLE THE Sum£Y TO 8£ ReTRACED. ll41ED THIS __ OOY OF ____ , 20_.
"r®!RrLOrM!OOOfllEW wro) ~ [..,[K\Vl[llffl C02li:1Jr W MICHAEL. HALTEJNAN P.LS. B{UO

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT f HA\£ DWJ!Nff) 71-115 PARCEL UAP ANO STATE THAT THE SU8DMS10N SHOWN HEREON IS SUBSTANT1ALLY THE SAME AS ff APPEARED ON THE TENTATTVE M4P, ANO ANY APPROVfD ALTERAOONS THEREOF. 71-IAT ALL PRfJVISIONS OF 71-1£ SUBOMSION UAP N:T AND ANY LOCAL OROININCES APPUCABt£ AT THE TlAIE OF APPROV.AJ. OF THE TENTATTVE UAP HAVE' 8ffN COIIPUEO Wl11-I.

MTFIJ THIS DAY OF ____ , 20_
CHARLES L. BERGSON, R.C.£. .xJ.fl CITY ENGINEER OF THE CITY OF LOS BANOS

CITY SURVEYOR'S STATEMENT
I HEREBY STA TE THAT IN ~ WTTH THE PROVISIONS OF CALIFORNIA GOVcRNll£NT CODE: SECTlON 66450, I HAI-£ EXAMINED THIS MAP AND I AM SA11SF1ED 71-IAT '1H1S MAP IS TECHNDll.Y CORRFCT, AND 71-IAT THIS I/AP CONF'ORIIS TO THE N'PROl/fD OR CONOIT10NALJ.Y APPRCNED 1ENTA~ MAP. ll'1"1 "'1S __ DAY OF ____ • 20_.
11MOTHY M, ODOM, PLS 8.f68
ACTTNG CfTY SUR\.£lVR OF THE CITY OF LOS BANOS
CITY CLERK'S CERnRCATE
rPr.t~110.ffifil0.l}l]Jilf'l7
I, LUCILLE L IJALLONEE, CITY CLERK OF 71-IE CITY OF LOS BANOS, STATE OF CALIFORNIA. DO HEREHY STA'ff 71-IAT AT THf REGULAR UfrnNG OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, STATE OF CAUFDRNIA, HELD ON THIS -,r-RCGENCY- £M ~ARK=c----PHAS£==-c,cc1A: :SAPPRO"::o~':, ~fFm~·,g;'~ ~:rr OFFfR OF DEDICATION IN fASfll£NT' OF All PUBLIC UT1UTY EASDIENTS (PU£) AND THE OFFrn OF 0£DICAT10N IN FEE OF All SmrrT RIGHTS-<JF-WAY; All AS SHOWN ON 71-1IS F1NAL UAP.

DATED THIS __ DAY OF ____ , 20__,
LUCY MALLONEE, CITY CJ.ERK 8Y.· _____________ _
PRINT NAU£·------------

RECORDER'S STATEMENT
FILED 'THIS __ lMY OF _ _____ , 20_, AT ____ O'Cf..OCI(_ _ U.

IN K)LUUE' __ OF PARCEi... MAPS AT PAGES _ ___________ , M.C.R.

AT THE REQUEST OF STON£F1El..D Hour, INC.

FEI, -------
MA" H. AIAY, COUNTY RECORDER BY,----------- • D£PUTY
VOLUME PAGE SHEET 1 OF
138
TRACT NO. 2015-01

SOUTHPOINTE AT REGENCY PARK
PHASE11C

BEING A SUBDIVISION OF THE REMAINDER SHOWN ON
·soUTHPOINTE AT REGENCY PARK PHASE 118" IN VOLUME OF
omCIAL PLATS, PAGES - ' MERCED COUNTY RECORDS;
LYING IN THE SOUTHEAST QUARTER OF SECnON 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN

CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2025
LEGEND
•
15 :•:
"
NOTE:: N.1. Pl~ SIZES ~ INSIDE DWIETER
FOUND J/t1• IRON PIPE STAMPED l.S BOW PER (A) OR (8), AND/OR {C), UNLESS NOTcD OTHfRWISE
FOi/NO J/4" IRON PIPf STAMPED LS 8040 IN MONUMENT llru. PER (C) IJNl£SS NOW

OTHERWISE
FOUND GPS UONUM£NT. AS SHOWN ON RU A
FOUND BRASS TAG STAMPED LS BOW IN CONCRfJF AT 1.00 FOOT PROJECOON OF AU. LOT UNfS INTO smrrr ANO AT AU. RIGHT-OF-WAY POINTS PER {C)
SIT J/,1• x 2-1• IRON P/Pf, W1T1-I Pf..AST1C PLUG STAI.IPED l.S 80tl() SIT J/t1• x 24• IRON PIPf, W1T1-I PU.Snc PLUG STAI.IPED l.S BOW IN MONUUENT WEl1

REFERENCES
{A} GP5 SUR\£Y CONTROL NE:TWORK, VOLUME 28 OF st.lR\£YS', PNZS 9-12, M.C.R. (8) TRACT NO. 2015-01, SOUTHPOINTE AT RECENCY P,IRK - PH.I.SE 118, VOlUME OF OFF1CIAL PJ.Ars, PAGES - . M.C.R. {C) n?ACT NO. 2015-01, SOUTHPOINTc AT RECENCY PARK - PHASE 11A. VOlUME OF OFF1CIAl. Pt.ATS, PAGES - , M.C.f?.
{OJ TRACT NO. 2015-01, SOUTHPOIM'f AT RECENCY PARK 7-11, VOLi.JUE 85 OF OFFICIAL Pt.ATS, PAGES -14-49. M.C.R. {E) TRACT NO. 2015-01, SOUTHPOlNTE AT "8;eJCY PARK - PHASE 10, VOLUME 86 OF OFFTCIAJ.. Pl.Ars, PACES J4-J6, M.C.f?. {F) TRACT NO. 2015-01, 50/JTHPOINTE AT RECENCY P,WK - PHliSE 6, VOLUME 8-1 OF OFF1CIAL PLATS, PAGES 15-18, 11.C.R.
{G) CElfflncATc OF COUPUANCE, D.N. 2024-0(H()J7, M.C.f?.

NOTES
NBlr#i's2"W
[
666.52'{11-GROUND}
~ -r ~~~ \' p ~~2 \ \ :;!'~ \
::)
"Iii ~ \
~!i 'S.,,\ \ ' :$~ -".Cf\
~n_ ~~\ \~
"'I () b ~.£.\ 'r.i -z:. GPS/GIS DETAIL N ~ \'ai~ NOT TO SCdlE .-:--:: - ~ _ ·o S£T BRASS TAG STAAIPro lS 8(),f() IN CONCRU£ AT ,.oo roar PROJEC710N OF All. LOT ,. AU. 8EARINCS AND DISTANCES SHOWN H£RBJN ARE 1EASURED UNLESS OTH£RWISE NOTm. fj N89"58'0t'W --~ _,,,,,- - -...._ , • UNES INTO STR£U ANO AT ALL RfGHT-OF'-WAY ANGLE ANO cu~ POINTS 2. ALL 0/SrNH:ES ANO DIUENSfONS SHOWN ARf IN FEB AND DECIAI.Al PARTS THEREOF. ~~\110. S.fb. \',.; I ~V'lo\ ~~ '(:.~ C
-~~<\§. / "I\ 2MO ( 26 00 _l' / '- ~ - J. ALL RBXJRD INFrJR/MrlON SHIJlm IS FROM MERCED COUNTY REr:OROS. ::; LJ LJ5 / , OP OFFICIAL PUTS /\.,d -...._ /71~ ~ 3 '<~ \ I LOT
8 \ O.N. OOCI.Jll£NT NU/.IBER ~~ '
0 0 '--.. SUBDIVISION SUMMARY
/ Ll7,:s». "s: o-\ I oTo \ (M) MfASURfD ON THIS SlfflO' / ~ 0 ~ ',-,., \.'CA. \ 10 LOTS 2J5 ACRES "' "'l ~~ / ~'V 26.00' I 26.00' ,<& I "J,· i:F.. ~- \ LOT A o·2s ACRES I ~ ~ ~."[ ~,IIMllfM'.lrlill~I 7 "_J (R) RADl<L 81:ARING lo ~\ -;;,~ LOT 8 .:,, ACReS \ ~ fL lSili ... '> SULLNAN I NI \ 0 3 ° I PUE PUBUC IIIIUTY <Asa/ENT ',~e. " °(\,,·, r.',. \ ~ I;g = Ill<> i:§~t; 5\fc DRIVE N \ ~- ,•.,. "" ·-c. [lj r,:[lj ~ . \ __j C42 Cl.HM: TABII RmJIF:NCE I ',);~ , \ ~ · / TOTAL lo.61 ACReS \ ', "'"i <> ~ / ~ l99 IJNE TABLE REm/ENCE \'9. ~ ~, / \ ~ / (<i'· . 7•\ J9.9I'-t7 \ SUUIVAN DRIVE / " ~J«2' / 5}',,9, ,o ~ ~• (I NM'f'OI p FOUND J/4" IRON'--.. / "" WITNESS CORNER AT DISTANCE NOW \ \. N89'5801'<'>,V ,Al~&' .,...._ ....__ _j. ,,,?" PIPE, TAGGED ........__ ,~ !.JI' ~~ ~ ~ ~ - L.S. 8040, PER (E} - - _...- ADJUSTED PARCEL 2 - • s~ti oi· ;-)1 e; DETAIL A DETAIL 8 D.N. 2005-077193, M.C.R. - _..., i<> ,:, S.w ll.. NOT TO SCALE' NOT ro SCALE DETAIL C LB L? L6 • ~a;~ ~ --:--\ N8!T58'01"W 1224.91'(11)(8) NOT ro 500.E' Ll1 .JJ2-.•..!!-•--•-•---- 01 ;i:o...~ 1~11\)["iol 117291' ::•-• TH!SS! ~ "' LIJ ~ -IO'PUE .J ri---rr·1 ~ l!l I I OITNL A LOT B OETNL 8 IO'PUE ' '.J SI ...., -THIS SHEIT 4 12 ACRfS [7HIS SHID ].....-::, 10PUEti ::J l 1£..U 10'PUE IO'PU[ LJ.~lJ~LJO IO'PUE CB -L26- - ~- ~ LOT A Iv o.):Q.. - - -1- - - - -N89'58~1'1r85091'- - --; - - -;-- - -1- - 0 0 ' -N89'58~1'1r25JO<'-l--=-~-0 -- 0 ~
028ACRfS ~ io S1./i'LLM'A" 'lo io N8!TSBOl"W1227..J1 ° oncn,r- • 0~5'lf'CL2J o;"4 I
~,/:::. .., =:.:.:.:me:___ c-.. 9JJ27'c.,. _____ _____ vrnr~ 29404' ~ crz 10 C1 ~-9820'J.'O 7,,•~-=. 43914' - ~ 5~J ~- - 78816' - - ~ ~~6_g.!Lo t1 9 o~---
I N89'58·o,.,, 255.57r,.,J(B) 'l I r 1 1 1 -y,,~1XJ1J:.ZZI(R). ~ I"'! 79 , I e~f•"W(8) LOT c I 2 I I j":!? t TH,g",;-'j/,J{! 80 81 82 8.J ~ SEE SHEET 3 204 205 208 207 I 208 209 210 OO'(MXf/J'i\.~11 IO'PUE , /6 ACReS ,, ~ ' !ii! S2.0I/M)(B) I I I ¥-1-,~ JJ2.6J'(M}(B)
..... _.,,.,,,,,,,,,,,,,.,,.. .... -.,,.-,,- 7J6.15'/M)(B) 12-=-- l N88'48'02'1r JB•6J'(M)(•}(o) I I
~ N89'5704'1rl081.74{M}/B) • I [ 212 J ~ 270 I 269 I SOUTHPOINTE I CASEY LANE t~ 78 f '5l... \ 29J.58'{'f}(C) - !') ' - I , , 62~.IJ'{M}/B) I -·- LI • ~ , , , FOUND J/<" IRON PIPE..._ A/fj --... \ 87 86 \ 85 [ 84 ;;i 199 I I98 f I91 1196 [ Is5 I I94 f I9J f I92 [ 191 I I9D 189 / .,, PHASE 6 MONUMENT WELL PER (E) ~ 77 " -....., ..... _ c__/ /
STAMPED LS 8040 IN I ~ 88 8 188 - l I 84-0P-15
,o (ij ........ ,o ' ',,._--'._..J.__L_....J.._.L____I_..J...._L.__v / - -SOUTHP,
PHASE
-;~774
75 ~
ih~ ~,~ ~ --t-- II I II ~~ a§ SOUTHPOINTE
PHASE 118
-OP187
186
2/J I I I LUNA COURT
214 I
1~1 256 I 251 I 258 I 259 I 2•0
215 I LINE DATA TABLE LINE DATA TABLE LINE OATA TABLE LINE DATA TABLE CURVE DATA TABLE CURVE DATA TABLE lmE BfARING
LI S89'S7'o4"F
12 snr'SB"W
LJ N7f;J5'02"E
L< S89'58'0I'!:

L5 N5ro1'08"E
L6 S7J'20'09"W
L7 S88'2J'(H"W
LB N88'48'02"W
L9 S84"t8'(H"W
LIO S79"01'47"W
LIi SBlfJ.J'JJ,V

DISTANCE
107.02'

20.69'
145.12'
149.95'
186.64'

50.00'

49.65'
5J.J6'

61.59'

50.00'
"8.95'
(M)(B)(D)
(M)/8)(0)
(M)/B)(D)
(M)/8)
(M)(B)
(M)(B)
(M)(B)
(M)(B)
(M}(B)
(M)(B)
(M)(B)
UNE
L/2
LIJ
u,
L/5
L/6
Lil
LIB
L/9
l2IJ
l2I
122
:?lxiJ3!1Jl[kilDOOfulxlW ~c a~ ©OOL.w
8fARING DISTANCE
N(J'01'59"E JO.OD'
N89"58'01"W 100.00'
SO"Ot'59"W 122.00·
56'59'00,V 94.27'
N1J'01'24"£ 6.84'
s1•11'sa"W 68.J4"
Ntl2'25'J6"E: 20.18'
S88'"8'02"E: 56.02'
N5701'08"E 25.00'
S7758'52"£ 21.21'
SJ2'58"52"E J0.74"
(M)(B)
(M)(B)
(M}(B)
/11)(8/(D) I
UNE
12J
124
125
126
127
128
L29
LJO
LJI
LJ2
LJJ
DATE: 2025-3-14 13:44 FILE: M:\100025\Survey Drowlngs\PHASE 11C FM\02 - BND.dwg 8fARING
S8lftll1'02"E
NSro1'oa"E:

NJ758'5Z-W
N88'48'02'1r
ssro1'oa"W
S12'01'08'W
N5701'08c'
Nt1,t1,'58'0t"W
589"58'01"E
S4-5'01"59'W
N0'01"59"E:

DISTANCE UNE BEARING DISTANCE I CURVE: oaTA fWJJUS I lDIGTH CURVE: OEl.TA f?ADIUS I l.ENGTH

56.02' lJ4 N.f4'58'01"W 21.21'

71.00' LJ5 N0"01'59"E: 85.00'
112.7,1," LJ6 N0"01'59"E: IIH.58'

56.02' LJ7 NO"Ol'59"E 7,1,.58'

25.00' LJB S0"01'59"W UH.58'

21.21' .!:!!... ..!!_758'52"E 41.00'

72.29'

21.21'
Cl 6'2''06" 526,00' 58,77' (M}(B)(D)
C2 6'27'57" 526.00' 59.36'
C12 I IJ'J2'26. I JOO.OD' I 70.90'
CIJ r;42•02· I J2s..oo· I JB.12·
CJ I 1z-s2m· I 526.oo' 111s.tJ'
c, I s-025<" I 551.00' I 78.2''
cs I 34•10•50• I 274.00• 1 ,.,_,..

C6 ] J,1,'10'50. I JOO.DO' I 178.97'
a I ,,-,o~o· I J26.oo' 1 ,.,_,s•
ca I 1,r4z'z5• I J26.oo' I B.J.68'
----, ........ / / 19 " ,r21'J1· 62-1.00' -17.47' r- - _y 80 \ I'5J'20" 650.00' 2I.4J' f,-Ll6 \
C16 :n7"if.J" 650.00' 26.<H' \ 78 •
C17 ,r11·02· 650.00' 47.-17' \ I CIB 11'18~2" 650.00' 12&JO' (U)(<) \,_ 88 ./ /
C19 15'29'Jt1,• 650.00' 175.76' '- _ _...-
C1'
C/5

52.00' C9 I 1,r42'2s· I JOO.oo· I n.01· DETAIL D

21.21' cto I 1,r42•2s· I 214_00· I '10.JJ' NOT TO SCAl£

41.00" CII I 1J"J2'26. I 274.00' I 64.75'

VOLUME PAGE
Th,\
<;~'\
~ "( 8, \
2• OIAMETrn ALUMINUM t, \'
CAP STAMPED •cPS/GIS--~
1021 f?.C.£. 15.JTO"(A)
I ~ 11111 ,·-100'
I
\
\\ '
\ ~\
--- ,.,.,,.... -- "?o~ .........._ '-...
/wrs / ~ •'\•t'' .,_ " \
/ .,,r,),°11' \!, \ l\~ LOT 8 \
I 1/ "'~ \ I I 07 ~y • .l-~ \\ ~ I 'a-. \kli t,11"'' ~- N (.., sll~i~ ":"-1 ~ I
I t ;>~0
,
1 ' \\ ,, ~ 1 \'&-o &;,, ~\/
/ ~~ 'l' '-. LOTC
0 \ 1:, /
'--........ ~'_..., y ____ .;...-
DETAIL £
NOT TO SCALE SHEET 2 OF 3
139
TRACT NO. 201Ut

SOIJTHPOINTE AT REGENCY PARK
PHASEttC

LEGEND REFERENCES

BEING A SUBDMSION OF THE REMAINDER SHOWN ON
·soUTHPOINTE AT REGENCY PARK PHASE 11A· IN VOLUME OF
omCIAL PLATS, PAGES - • MERCED COUNTY RECORDS;
LYING IN THE SOUTHEAST QUARTER OF SECllON 12, TOWNSHIP 10

SOUTH, RANGE IO EAST, MOUNT DIABLO MERIDIAN

CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CAUFORNIA MARCH 2025

EE BENCHMARK ENGINEERING
CML ENGINEERWG, PLANtlNG, AND LAND SURVEYING GIi SPYRES WAY, SUIIEA, IIODESIO,c:AU'OIINIA, 153111 (2111) ll4MIID ~ l,: SULLIVAN a-----:.. - 4J9 ,,,. -
I ~ NB9'58 '01"W 522.95'(11) ~ ~
-~r- ..... : : .,,;:?Jl~·:: .,oo· : : .,_.,. -·~..,
l,:
~Ji! t;;;:;,u;- - - - - --- --q~: !=:>~ 1-,1. i,.i_ ,t...i_ 10'Pllf ! 26' ~~Ir) o, "'- °' !Q QI O lri
~:;::; 80 ~" 81 ~" 82 ~ "\ 83 " ,... ~ 7.627 SF. ; i 6,518 SF. i ~ 6,519 SF. i ~ 8,080 S.F. I~ f ,. le 29J.58' ::a:: 26"
u6t.48289· •_,,:;;, - 6.500~-=- -::.......65ao' • 80.70' ::::W, ,. \ I I I ~ I
•
•
:•:
0 :o:

OP
O.N.
{II)
(R)
PUE
C'2
,..

WC
NOTf: ALL PIPf SIZES ~ fNSIOE OIMIUUl
FOUND J/4" IRON PrPf S,AMPED IS BOW PU/ {A) OR (8). AND/OR {C) FOUND J/4• IRON PIPE STAMPED LS BOW IN AIONI.NENT fflL P£R (C) UNl£SS NOTfD

OTHERWISE
FOUND GPS UONUUENr, AS SHOWN ON R£F' A
Fr:JUNO BRASS TAG STAMPED LS fKHO fN CONCRfJf AT f.00 FOOT PROJECT'ION OF ALL LOT UNES INTO STREIT AND AT ALL RfCHT-OF-WAY POINTS PER (CJ SB J/4• x 24" IRON PIPE. WITH PUST1C PUIG STAJIP£D LS 8fH() S£r J/f" x 24" IRON PIP£, WTTH PU.ST1C PLUG STAJIPfD l.S 8fHO IN UONUIIENT MU SET BRASS TAG STAMPCD LS 8040 IN CONCR£1'f AT 1.00 FOOT PROJEC110N OF AU LOT UNfS INT() STREET AND AT ALL RJCHT-<JF-WAY ANCI.C ANO CURVF POINTS omctl<PWS
OOCVWff IRM8ER
AIEASUREDONT1flSSI.NMY
-- PU8UC UTl.JTY £ASEl/ENT
CURVE TAEJI..E RfFfRENCE
UNf TM/LE RUERENC£
WfTNESS CORNER AT OISTANCc NOrrD
l
~illj~
I
SEESHEET2
LOT 8
(A) GPS SU~ CONTROL NITW0RJ<. VOl.UM[ 28 OF 5t/Rl,OS, PAGES 9-12, 11.C.R. (8) rRACT NO. 2015-01, StJUnlPOINT[ AT RmENCY PARK - PHASf 118, VOI..UAIE OF OfflCIAL PU.15, PAGE'S - . 11.C.R.
(C) rRACT NO. 2015-01, SOUT11POINT[ AT RfGENCY PARK - PHASE 1 IA, VOLUME OF OFFICIAL Pt.ATS, PAGES - . >I.C.R . (D) TRACT NO. 2015-01, SOUTHPOHflE AT RfGENCY PARK 7- 11, VOI.UUE 85 OF omcJAJ.. PLATS, PACES «-49. AI.C.R . (f) TRACT NO. 2015-01, SOllnlPOINTf AT ReGENCY PARK - PHASt 10, VOlUAIE 86 OF omctAL PLATS', PAGE'S J4-J6, 11.C.R.
(F) 11/ACT NO. 20,s-o,, SOI.JTHPOINTE AT Ra;ENCY PARK - PHJSf 6, 'KJLUAlf s, OF' omcw. PLA'5, PAGES ,5-18, 11.C.R,
(G) cemFICATE OF' COUPUANCf, O.N. 2024-<XH(JJ7, 11.C.R.

NOTES

1. AU SfARfNGS ,W{) DISTANCES SHOWN HEREON ~ llf"ASURBJ IJNL£SS 01H[RWISC NOTED. 2. Ali. DISTANCE'S AND 00/fNSIONS SHOWN AR£ IN F£CT NIO OfQM.4L PARTS TH£RCOF.

J. AU. RECORD INFOINATION SHOWN IS FROM lllRCCD COUNTY RECOROS.

LINE DATA TABLE
UN£ EJEAl1fl/C or.rrNa
LI 589'57'04-"£ ,01.02'
12 N1"11'sll"E 20.69'
LIS S6"59'00"W 94.21'
LIB S13"01'24,r 6.84'
LW S44"2J'02"£ 21.<IJ"
w N4SJ6'58"E: 2UXJ'
"2 S44"2J'02"£ 21.<IJ'
--¾- . 294.04' 5 - - - - ---,
{U){B){O)
{N){B){O)
l,: -sa·o1"W 1221.J1 ' ~ OR/VE 1,: t
'----·-,o· mn,;;,,;.1,1, "''.o:'uv·•~.......... :I?: :9: _........ :s( ......... :9: .... ,. .. -:0:<.. . r' /. , •• ,~,10'PUE t. lu >,, lu. t:. lu. lu. t:. lu >,, t:. lu. t:. 10'PIJE,I!! 26' ,t I ~ ! 200 ~: 201 ~ g 202 ~; 203 q 204 q 205 ~ ~ 206 q 207 ~ g 208 ~; 209 ~ ~ 210 ~ ~ 211 ~ ~ ~ ~I 6,121 S.F. ; - 6.022 S.F. ; - 6.02J S.F. i - 6,024 S.F. ; - 6,025 S.F. § - 6.026 S.F. Ii - 6,027 S.F. ; - 6,028 S.F. ; - 6,029 S.F. ; - 6.0JO S.F. ii - 6,0JI S.F. ~ - 6,729 S.F. I~ <o , ~ ~/u 26
• ..!k::69.07' •-==-o~•~ '::'i ~ .00' :'I ~~-==-o~·~o-:;'i 1:,-Jt.' :to~~-==- ~-i].' - - 60.00' => - 60.00' - 0-.::....~0- 67.07'::g!~ ~ ~ I I I
NIW37'04"W 1081.74'/U)/8) I I I I ,; ~ I I . I / S0/JTHPOINTE ;) ~ ;! '•?,!!M{C) \ 78.02'/ll)(C) -1 '9.J2'{U){C) I 5().00'/U){C) l-68.96'/ll){C) - ' ill \ / I I .. l1 86 BS 6' !i,l;i .
"
88 \ \ I I ~~I~
' •"'9.70'{U){8) 145.00'{U)/8) ! 45.00'{U/(8) 145.00'{11)(8) i 45.00'{U){B) 1 '5.00'{U)/8) I '5.00'{U)r8) 145.00'{11){8) i '5,00'{U){B) I '9.JS'(ll)/8) 1- 91·5Q'{U){9) 7 - 7BSO'{U)(9) t- L1 _/ ~ E":

I I I I I I I \ I \ 189 / PH_!-5E_ 5 ~ ~! 199 198 197 196 195 194 l9J 192 191 I 190 I 84 OP 15 ; /! I I I I I I I I / 188 / ____ _ i::! " " " \ ---~ I I i \ I I I I I I I I ----1-----._ / / / 91 I ~ / ~:;(;~f:o::ff, LU~ ··1 oo@'!.#l -~
~ ( ,---,J9 ----,---1 - ,,0 -] ~ I t<
~--~ ~
/ l/0/IUMENr l!lli PfR (F} I COUR:
'" 1--.~- I ( --.... --.... --....
rr 115
90 114 SOUTHPOINTE
PHASE /IA ------~ -OP91 I
J>OOII.\J:IMJCOO&rn'!7 l:'@C!l l',;IIWIJ:I~ ©OOc.'!7
DATE: 2025-J-14 12:JJ FILE: M:\100025\ Survey Drowil'M}S\ PW.SE 11C FM\ OJ - MAP.dwg I
!2
~ 8 ~ ----7L _ ___ ~ g I§
163
I ___ _ SOUTHPOINTE
PHASE 118 -OP-
-
18 6 - -~ - - .~ - ~ I I
VOLUME PAGE __ SHEET J OF J
140
... _
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ro
~
Q)
:!:::

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141
"-./
~
VES11NG TENTATIVE SUBDIVISION MAP

SOUTH POINTE

AT REGENCY PARK
LOS BANOS, CAUFORNIA BEING A 5UBOMS/ON OF A PO/fflON OF SECTION 7, TDWNSHIP 10 sourn, RANGc 11 cAST, AND SECTION 12, 7tJWNSHIP 10 SOUTH, RANGc 10 cAST, MOUlff 0/ABI.O BASE ANO I.IUlffJIAN, IN THE: CITY OF LOS BANOS, COU/flY OF A/fllCE:O, SrAl'r OF CAJJFORNIA
NORTHP()lflTE 'AT REGENCY PARK
tu--,\ ·' ,,i:s.~-J .<.~-;;,> ,v; rr'!lTc:rcrscr;i-cns,1::;;.;' .,:;wt1--TTTT:t;"~,.F=r::.=-:::.=~=~=~~;;======~ ~,- "-· Ml ""'"I
IH!ErNCl
-,- aMRBHEEr
HDRIZDNTN.
-
c::affllCl. - Pf.NI • • • • --
srr:RIDRAM8Aa,18fMLWB. UTIJTY l'I.AN
U1Vrf PUN
-
A.tHMCmDaS
t&JAQ£011.IO.SUIE"C
IDS~CII Allll5' (la})~{1'DIEJ
(lO(l}e-«IOO~
STA1QIFNT Of SUBDMDCR
-- (ASIEXCIDllll'atr<7'UlSBW::ISM.N:lN.cotlf;
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Recording Requested By:

City of Los Banos
And When Recorded Mail to:

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

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2015-01, Southpointe at Regency Park Phase 1 lC, comprised of 10 single family residential lots on approximately 5.05± acres with an additional 5.56± acres for future Northpointe Subdvision (Lots A, B & C), a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in Subdivision Improvement Agreement
FM #2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE l lC
147
details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the Planning Department has determined that it is in the best interests of the City to waiveany further work of completion of items related to the ponding basin and park land areas detailed in the Final Development Plan, and the Conditions of Approval set for in items 22, 23, 25 and 26 (the "Further Basin and Park Land Improvments"), to facilitate the dedication of the lands delieneated in the Final Map for a ponding basin, which will be dedicated up the approval of the Final Map for Southpointe Phase 11 C, and that the waiver of such further work on the Further Basin and Park Land Improvments constitutes minor modifications of the Conditions of Approval of the Final Development Plan (the "Minor Modification"), as authorized by Los Banos Municipal Code Section 9 .2809.

WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ___ _ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2015-01, as modified by the Minor Modification, and further ratifies and confirms that such Minor Modification approved by the Planning Department is consistent with the requirements of terms of Los Banos Municipal Code Section 9.2809, and is otherwise in the best interests of the City.

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of April 2027, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph Subdivision Improvement Agreement
FM #2015-01
2 SOUTHPOINTE AT REGENCY PARK, PHASE 1 lC
148
stated and fixed, do or cause to be done and performed, the following described work and improvements,( as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:

1. WATER $ 4,400.00

2. CONCRETE $ 189,030.00

3. PAVEMENT $ 176,446.25

4. ELECTROLIERS $ 17,500.00

5. MISCELLANEOUS $ 28,851.00
10% CONTINGENCY $ 55,122.73
TOTAL $ 606,349.98

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $606,349.98 and Labor and Materials at 50%, $303,174.99 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $60,634.99. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

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

ENGINEERING AND INSPECTION
5% of Original Engineer's estimate of$ 1,959,764.05
Less: Deposit for Plan (Check# 24824)
Less: Payment (Check #32213)

SUB-TOTAL
Subdivision Improvement Agreement
FM #2015-01
3 $
$
$
97,988.20
(39,195.28)
(58,792.92)
TOTAL
SOUTHPOINTE AT REGENCY PARK, PHASE 1 lC
$ 0.00
$ 0.00
149

FINAL MAP REVIEW
Charges for Phase 11 C to date (Final Invoices Pending) $ Less: Deposit for Map Review (Check# 32135) $

SUB-TOTAL
-0.00~
(2,000.00)
TOTAL
$ 0.00
$ 0.00

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $606,349.98 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service Subdivision Improvement Agreement
FM #2015-01
4 SOUTHPOINTE AT REGENCY PARK, PHASE 11 C
150
are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

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

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, Subdivision Improvement Agreement
FM #2015-01
5 SOUTHPOINTE AT REGENCY PARK, PHASE 11 C
151
demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

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

Subdivision Improvement Agreement
FM #2015-01
6 SOUTHPOINTE AT REGENCY PARK, PHASE 11 C
152

19. It is hereby mutually covenanted and agreed by the parti~s hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

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

Subdivision Improvement Agreement
FM #2015-01
7 SOUTHPOINTE AT REGENCY PARK, PHASE 11 C
153

Subdivision Improvement Agreement
FM #2015-01
8 SOUTHPOINTE AT REGENCY PARK, PHASE l lC
154
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:

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

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement
FM #2015-01
Stonefield Home, Inc.

A California Corporation
Greg Hostetler
President

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
Michael S. Amabile
Mayor

PARTIES OF THE SECOND PART
9 SOUTHPOINTE AT REGENCY PARK, PHASE 11 C
155

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

State of California
County of ____________ _,
On before me, - - ---------- - ------------------ (insert name and title of the officer) personally appeared _ ______________________ ____ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _____________ _
Subdivision Improvement Agreement
FM #2015-01
(Seal)
SOUTHPOINTE AT REGENCY PARK, PHASE 1 lC
156
Exhibit A

BE BENCHMARK

ENGINEERING
ITEM
I. IN TRACT
A. WATER

DESCRIPTION

1. CONNECT TO EXISTING 8" WATER

2. CONNECT TO EXISTING 10" WATER
B. CONCRETE

1. 6" VERTICAL CURB & GUTTER

2. ACCESSIBLE RAMP (LABOR ONLY)

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 11C -10 LOTS

LOS BANOS, CA
UNIT QUAN.

EA 2
EA 2

SUB-TOTAL
LF 3,867
EA 10

3. 5' WIDE SIDEWALK (INCLUDING RETURNS) SF 7,912

4. 8' WIDE SIDEWALK (INCLUDING RETURNS) SF 1,693

5. RESIDENTIAL DRIVEWAY EA 52

SUB-TOTAL
C. PAVEMENT

1. 0.21 ' AC/ 0.50' AB/ 0.50' ASB SF 50,389

2. 0.38' AC/ 0.54' AB/ 1.10' ASB SF 9,879

3. MONUMENT WELL EA 11

SUB-TOTAL
G. ELECTROLIERS

1. 150W STREET LIGHTS EA 5

SUB-TOTAL
H. MISCELLANEOUS

1. LANDSCAPING/IRRIGATION SF 2,693

2. STRIPING AND SIGNAGE LS 1

3. EROSION CONTROL LS 1

SUB-TOTAL

UNIT PRICE
$1 ,000.00
$1,200.00
$15.00
$500.00
$5.00
$5.00
$1,500.00
$2.75
$3.50
$300.00
$3,500.00
$7.00
$2,000.00
$5,000.00
IN-TRACT SUB-TOT AL------------>
JOB #100025
02/13/2025
AMOUNT
$2,000.00
$2,400.00
$4,400.00
$58,005.00
$5,000.00
$39,560.00
$8,465.00
$78,000.00
$189,030.00
$138,569.75
$34,576.50
$3,300.00
$176,446.25
$17,500.00
$17,500.00
$18,851 .00
$2,000.00
$5,000.00
$25.851 .00
$413,227.25
157

ENGINEERS BOND ESTIMATE

SOUTHPOINTE AT REGENCY PARK

LOS BANOS, CA
JOB#100025
02/13/2025
PAGE 2

ITEM DESCRIPTION
II. OFF-SITE

A SEWER

1. 8" SEWER

2. 12" SEWER

3. 4" SEWER SERVICE

4. DROP MANHOLE
NOTE
UNIT QUAN. UNIT PRICE
LF 1,085 $40.00
LF 160 $60.00
EA 65 $1 ,000.00
EA 5 $4,000.00

SUB-TOTAL
OFF-SITE SUB-TOTAL------------>
IN-TRACT SUB-TOTAL------------>
CONSTRUCTION SUB-TOT AL------------>
10% CONTINGENCY============>
CONSTRUCTION GRAND TOTAL------------>
AMOUNT
$43,400.00
$9,600.00
$65,000.00
$20,000.00
$138,000.00
$138,000.00
$413,227.25
$551 ,227.25
$55,122.73
$606,349.98

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY NK
REVIEWED BY ----,-M-:-:R----
K:\100025\Estimates\PHASE 11\(2025-02-12_ 11 C Bond Estimate.xls]ENGEST 158
Exhibit B
CONDmONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #3l15-01-

SOUTHPOINTE AT REGENCY PARK
General

1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. ff necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract.Map.

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

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

4. All development shall be consistent with the Vesting Tentative Tract Map #2015-01 and approved Final Development Plan #2015-01, reflecting any amendments added during approval.

5. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth i1 the conditions of approval.

6. A Final Map shall be prepared by a professional land surveyor ricensed i1 California or a professional engineer licensed In California and qualified to practice land surveying, according to the SubdMsion Map Act, and local ordinances.

7. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.

8. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.

9. A Final Map Guarantee shall be prepared and provided to the County Recorder.
159

10. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department

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

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

17. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval Is received by the Public Works Department. The developer shall enter Into a subdivision Improvement agreement with the City and provide labor and maintenance bonds il an amount of 100% of the Enginee(s Estimate for public improvements to be completed following recordation of the Final Map.

18. The project is subject to the appropriate Development Impact Fees as established by the City.
160

19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.

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

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

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

25. An engineering soils report shall be prepared for all projects n order to identify soil characteristics requiring special structural design. Ontsile and off-site structural design shall confor:m to the findings and recommendation of the engineering soils report. The report shall be prepared prior to Issuance of a grading .pennlt, subject to review and approval of the Los Banos City Engineer.

26. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine If soils contain hazardous materials. If necessary, a remediation plan shalt be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
27 ♦ Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.

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

29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
161
..

30. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be induded il any permits Issued for the project site, lnduding, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:

If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find an+ the area shall be staked off. The project developer shall notify a qualified professional archaeologist If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
31; In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included il all permits il acx::ordance with CEQA Guidelines section 15064.S(e}:

If human remains are found during construction there shall be ro further excavation or disturbance of the site or any nearby area reasonably suspected to over1ie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall Identify the person or persons It believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided h Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a} the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b} the descendent identified falls to make a recommendation; or c} the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Pre-Construction and Construction

32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 162
200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours. This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Department.

34. Temporary construction trailers shall be pennitted only n areas immediately adjacent to or within that portion of the subdMsion where active subdivision construction is taking place. Placement of said construction trailer is subject to the . Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.

35. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.

36. Prior to acceptance of public improvements, all entries to the subdMsion shall be barricaded to prevent the public from entering the construction site.

Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taller than eighteen inches.

38. All contractors and subcontractors performing work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work perfonned on the project shall comply with the requirements of the State Business and Professions Code.

39. Construction shall be limited to those times allowed by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPOES storm water regulations.

These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
163
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing ins lled in accordance with the American Society for Testing and Materials standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National Pollution Discharge Elimination System (NPOES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.

41. Where standard corner lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.

42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.

43. Masonry walls shall be decorative and in conformance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.

Air Qualit)c

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

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

46. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District. 164
Developer shall prepare an air emissions reduction if required.

Access and Circulation:

47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (flF). The reimbursements shall only apply b Ward Road up to Over1and Avenue intersection and Over1and Avenue.

48. Full width improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed i1 conformance with the phasing plan as approved by the Public Works Director.

49. No driveway access shall be allowed from or on Place Road or Overland Avenue.

00. Ward Road shall be designed with a minimum 59' public right-of-way.

51. The Class I and U bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.

53. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.

55. Final Map(s) shall show a non-access strip 12 inches h width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.

56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs i1 accordance with City and/or Caltrans standards.
165

57. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of+.vay.

58. The developer shall design and install traffic cal,riing measures throughout the project area as approved by the City Engineer.

59. Traffic calming shall be provided on the existing and future Castellana Street and Palermo Street.

60. Traffic calming measures may lndude, but are not limited to, raised intersections, speed cushions, stop signs, vari ♦ cross sections, and roundabouts.

Landsca ♦ _and Lig~ting District:

61. Prior to approval of any final or parcel map, the developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, slgnage and public lighting induding a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Artide XIIID of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as detennined in its sole and exdusive discretion. It is the Intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.

Utilities:

62. The applicant shall construct water, sewer, and stonn drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department In regards to needed infrastructure and development during the Improvement Plan Review stage.

64. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties. 166
Water:

Sewer:

65. All existing overhead utilities shall be placed undergroµnd with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.

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

67. 68.

69. 70.

71. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, induding payment of the water connection Impact fee.

Approved backflow devices shall be installed as required.

Domestic water services shall not be placed i'I driveways.

The sewer collection system shall connect to the Meadowlands sewer 111 station.

Upon issuance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable h accordance with the Northgate Sewer Lift Station Reimbursement Agreement

72. The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.

73. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.

Storm Drainage:

74. The development shall provide storm drainage to the new basin, clld then discharge directly to the San Luis Canal, as described h the Storm Drain Conveyance and PUl'T!P Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer. All improvements to conform to the City's Storm Drainage System Master Plan. All deviations to be approved by the City Engineer.

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

76. Adequate capacity for the stonn drainage detention needs of Pacheco High School shall be accommodated within the new storm drainage basin, 167
described in the Stonn Drain Conveyance and Pump Station Analysis dated Januaay 14, 2005, subject to the review of and as may be modified by the City Engineer.

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

79. All development shall comply with the Phase I stonn water regulations.

80. Final Improvement Plans for the stonn drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading pennit.

81. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP} for pre and post construction best management practices (BMPs}. A Notice of Intent (NOi} shall be submitted and approved prior to construction by the State Department of Water Resources.

82. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.

Public Safety:

83. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development pennits.

84. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standa.rds.

85. The developer, as specified by City development standards, shall Install "Blue Dof fire hydrant locators.

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

87. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.

88. Fire hydrants ( or other methods approved by the Fire Chief) on Overland Avenue shall be in place and functioning prior to approval of the first 168
residential building pennit. Fire hydrants {or other methods approved by the Fire Chief} shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.

89. Street names shall be approved by the Fire Department

90. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to Issuance of building permits.

91. Upon completlon and approval of the project plans, a CD shall be submitted to the Fire Department providing information on street layout hydrant locations, water mains, storm drain inlets {i.e. Fire Department pr planning).

Landscaping:

92. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building pennit issuance and shall be approved by the City Engineer and Community and Economic Development Director.

93. The developer shall comply with the adopted street tree ordinance.

94. Masonry walls shall be landscaped with vines to discourage graffiti.

95. The applicant shall submit landscape and irrigation plans with each phase of the Improvement plans for City review and approval of streetscape landscaping.

97. Landscape plans shall be designed il accordance with TIiie 10, Ch.apter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 169

EXHIBITC
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2015-01 -

SOUTHPOINTE AT REGENCY PARK
General:

Lighting:

3. All street lighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.

Architecture and Physical Design:

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

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

7. The minimum front yard setback for front-loading garages shall be 20' and side-loading garages shall be 15'. The minimum setback to living areas shall be 15' from the front yard property line. The minimum front yard setback to porches shall be 10'.

8. The minimum side-yard setback for interior lots shall be 5', standard corner lots shall be 10', and reverse corner-lots shall be 15' from the property line. 170

9. The minimum rear-yard setback shall be 1 O' for single story units, and 20' for multi-story units.

10. The rear yard setback may be reduced by 2' to provide for stagger.

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

13. Residential dwelling units shall not exceed 30 feet in height.

14. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.

15.lf parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-

3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.

Physical Amenities:

16. The developer shall provide decorative lighting as shown in the Final Development Plan.

18. The developer shall install a six-foot high decorative masonry wall along Place Road and Ward Road within the non-access strip at the rear of private properties.

Parks and Landscaping:

19. Linear corridors shall be in conformance with the Final Development Plan, and in accordance with the designs shown therein.

22. The developer shall comply with the current development standards for basins and drains, to include all landscaping and related irrigation systems.

The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.

23.A palette of locally native plants should be specified for landscaping within the park basin area adjacent to the San Luis Canal. The landscape plan shall be subject to review and approval by the Central California Irrigation District to ensure that the provisions of the landscape plan do not conflict with the District's on-going weed abatement program. The buffer shall be designed to include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifotia), and native grasses, and shall not include plantings of non-native, invasive plant species, such as yellow star thistle (Centaurea solstitalis), brooms (Genista spp.), pampas grass (Cortaderia spp.), and tamarisk (Tamarix spp.). The buffer area shall provide native vegetation adjacent to the San Luis Canal and the recreational pathway and provide a vegetative barrier to discourage human and domestic animals from disturbing the canal or its banks.

25. The developer shall include the following utilities in the park basin facility:
electrical, sewer connections, storm drainage, and water service.

26. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.
172
TO:

FROM:

DATE:

LOsBanos
\ I ,, I , c> , uu I () / (
Agenda Staff Report
Mayor Amabile and Council Members
Stacy Souza Elms, Community and Economic Development Director <f:Jl, March 19, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: 2024 Housing Element Annual Progress Report
Recommendation:

That the City Council adopt a resolution approving the 2024 Annual Report on the status of the Housing Element of the General Plan and progress in its implementation.

Background:

The Housing Element is one (1) of seven (7) mandated elements of the General Plan and includes information related to the City's existing housing needs, an analysis of the City's population and employment trends, household characteristics, and inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state-mandated requirements. In addition, the City is required to provide progress and status towards meeting the City's fair share of the Regional Housing Needs Allocation (RHNA).

Pursuant to California Government Code Section 65400(a)(2) each jurisdiction is required to prepare and submit an annual progress report on its General Plan Housing Element by April 1st of each year. The annual report is required to contain the following:
• Status of the City's General Plan Housing Element and progress in its implementation;
• Progress in meeting the City's regional housing need; and 1 ITEM 9A
173
• Any actions taken by the City toward completion of Programs identified in the City's Housing Element.

This report is required to be reviewed and considered by the City's legislative body (City Council), and subsequently submitted to the California Office of Planning and Research (QPR), and the California Department of Housing and Community Development (HCD).

The annual report does not require approval by these State Agencies.

Discussion:

The 2024 Housing Element Annual Progress Report is attached to this Staff Report as Attachment 2. The purpose of the annual progress report is to:
1) Remain compliant with Government Code Section 65400(a)(2) and Housing Element Law;
2) To update City Council on housing development and implementation of the Housing Element;
3) Provide City's status towards meeting the City's RHNA; and 4) Ensure eligibility for State grant funding.

For the City to be eligible for State funding for a variety of Housing and Parks Grants, the State requires the City's Housing Element to follow State Housing Law (certified) and for the City to make Annual Progress Reports to the Office of Planning and Research and the Department of Housing and Community Development annually (by April 1st of each year).

Progress Towards Meeting RHNA
The RHNA process allocates the State's future housing needs to each County. The State HCD identifies housing needs for each region in response to projected population and household growth, and mandates that each Council of Governments (COG) distribute the RHNA to each jurisdiction (Cities and Counties).

Each income category is defined as a percentage of the Area Median Income (AMI), as established by HCD which is currently $87,900 for a four-person household. The income categories are then used to calculate housing affordability for rental and owner-occupied housing. Each income category is defined as follows:
• Extremely Low-Income Households have a combined income at a lower than 30 percent of AMI.
• Very Low-Income Households have a combined income between 30 and 50 percent of AMI.
• Low Income Households have a combined income between 50 and 80 percent of AMI
• Moderate Income Households have a combined income between 80 and 120 percent of AMI.
2 174
• Above Moderate-Income Households have a combined income greater than 120 percent of AMI.

As illustrated in the table below, the City has a shortfall of 2,817 in Low to Moderate Income categories for the 2024-2032 Housing Element Planning Period.

Projection Total Total
RHNA Period- ~ Units to Remaining
Income Level Allocation by N Date RHNA by 6/30/23- 0
Income Level N {all Income
1/30/24 years) Level
Deed Restricted
Very Low Non-Deed Restricted 719 0 719
Deed Restricted 493 7 486 Low Non-Deed Restricted 7
Deed Restricted 566 16 550 Moderate Non-Deed Restricted 16 Above 1354 165 127 292 1062 Moderate
Total RHNA 3132
Total Units 400 2242 2817
Progress toward extremely low-income housing needs, as determined pursuant to Government Code 65583(a)(1).

Total
Extremely ~ Units to Total Units Income Level Low-Income N Date 0 Remaining Need N {all years)
Extremely Low-Income Units I 360 I I I I 360
The proposed Annual Progress Report ensures that the City will remain up-to-date in regards to the requirements imposed for future grant opportunities.

Environmental Review:

The proposed Housing Element Annual Progress Report for Calendar Year 2024 is not considered a project as prescribed by the California Environmental Quality Act (CEQA).

This progress report does not authorize construction of any housing.

Reviewed by:
()- ~
Gary BrizJe, Interim City Manager
3 175
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING THE 2024

ANNUAL REPORT ON THE STATUS OF THE

HOUSING ELEMENT OF THE GENERAL PLAN

AND PROGRESS IN ITS IMPLEMENTATION
WHEREAS, the City of Los Banos is required by Government Code Section 65400 to provide an Annual Progress Report on the General Plan for the preceding year; and WHEREAS, the Annual Progress Report must be provided to the City Council, the California Office of Planning and Research, and the California Department of Housing and Community Development; and
WHEREAS, the Annual Progress Report must include all of the following: a) the status of the Housing Element and progress in its implementation, b) the progress in meeting Los Banos' share of the regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, the degree which its approved General Plan complies with the guidelines adopted pursuant to Section 65040.2.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby adopt the 2024 Annual Housing Element Progress Report and authorizes staff to submit said report to the California Office of Planning and Research and California Department of Housing and Community Development.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March 2025, 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:

Michael Amabile, Mayor
ATTEST:
1 176
Lucille L. Mallonee, City Clerk
2 177
Attachments:

1. Resolution

2. City of Los Banos 2024 Housing Element Annual Progress Report

3. Public Hearing Notice
4 178
Jun dlc!lcn Los Banos
Ra n Yur 2024 Jan. 1 - Dec. 31
Ho111ln Element Plennl Period 61h C le 01/31/2024 - 01/31/2032 8u~d n ■ ,..,.,,Ila 11....cl nv lilYSunlmllY
lncoma Level Cunwnt V.• r J ' Deed 0 Restricted Very Low Non-Deed Restricted 0
Deed 0 Restricted Low Non-Deed
Restricted 0
Deed 0 Restricted Moderate Non-Deed
Restricted 181
Above Moderate 165i
Total Units 18f
Note. Units serving extremely low-income households are included 1n the very low-1ncome Unlta 111V ~=~T- Enuu.d ,,...,._ ~- I
Sinole-familv Attached 0 0 0
Sirmle-familv Detached 0 165 89
2 to 4 units oer structure 0 0 0
5+ units oer structure 0 0 0
Accessorv Dwellino: Unit 0 16 51
Mobile/Manufactured Home 0 0 a,,
Total 0 111 Mi
Unlta C--• 88 423 llln-nnlna ~-11a I
·--· R1mal OwHnhiD Totlll I Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0 Above Moderate 0 0 01
Total 0 0 DI
a...-1111na Prov111- U..,. - P.....,tlnd Unl1a "ol Pral cta Unlb i SB 9 ~20:.dl A Duplex m SF Zone 0 0 SB 9 12021 l - Residential Loi Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB4L-' cud) 0 0
Ministerial 202 Discretionary 0
un1m ea
Number of Applications Submitted Reciuesting a Densitv Bonus I 0 Number of Units in ApDlications Submitted Ret:iuestinQ a Densitv Bonus I 0 Number of Proiects Permitted with a Densitv Bonus I 0
Number of Units in Pro·ects Permitted with a Densitv Bonus I 0 ~
3 .
al
179
..._,,~ 1c-...,.

Project Identifier
I
--1 --·

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Unit Types Date Application
Submittad
Note,-+~indlc11.t8"1 anoptlon11.lfl• ld
Cellsln9rer containeuto-<::11k;ul!!tionformulas
Table A
Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes
...=..1==1 ·- 1-~1·:::1·=1 .::.1•=:::::-1.::::.1-=·1..:z.1~ ~- N'II 1 = .............. = -=- ..._,. ...... =-= ,.._,. =
,. 384G~EENEWAY 2024-0017 0
Tot I
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Density Be
Appllec:
1i ,.... --
- .... 1_
-:..we;~ - I ·- I =..::....=: j:~: -=- .-i.ca p ..... ...... . ....... ...... IQ.. ...........
·c.,1. _- .,
4l 4•HIHlfU US6 COULTE~ LN 2024-0018 0 l ~~NVN !.-: _
• 2• •110-017 ll~S COULTER LN 2024-0019 0 1! NONE
~ 2_!!1::915 2177COOLTERLN 2024-0020 0 • • ''"'''"
No -~No
2150COULH~ LN 2024.0021 0 NONE Nol
1024-0022 0 NON No
1/12/2024, NONE No
UlT£RLN 2024.0025 5FD O 1 Ol• I NONE No
Ul.TERLN 2024-0026 S~D O J/Jl/201• 1
~
~~ I I:~::~ I~:~ I ~I ~:! 401BROAOSTONECT 2024-00'!0 0 1/12/20241 NON No)
tr, ~ No'
ONE ~
tr. NONE No'
o= No
.W, B~OAOSTONECT 20?4-0031 0 1 024 NONE No
424-220-032 382 GEISS CT 2024-0032 0 l/12/2024 NONE _-l!l>. 424-220-034 311!1 GEISS CT 2024-0033 o 1 024 1 NONE No 424-220-046 399 B~OAOSTONE CT 2024-0034 0 1 2024 1 NONE - ------1:!2 424-220--044 40SB~OA05TONECT 2024-003S O l/12/2024 NONE --"" 424•2'l0-035 _ 390GEISSCT ?024-0036 OI 1/~ : ,~.,~ 414-HC-033_ j 386GEISSCT J g~~:::!; ~~ ---~,--= ~~ I No No
b 97GEISS CT
Ism I 01 = 0 1 ~ 1/18/2024
,~
~
1/11/2024
l/1!/2024
1/18/2024
1/18/ZOZ• I
l/18/2024
NONE No
NONE No
NONE No
NONc No
NONE No
NONE No
NO>E No
NONE No
NONE No
NONE N
NONE No
.t:!..OJ::!I;
~ ~ No
180
~
II
jl
H
!
jli
'" 1111 I
~ 1,1,
!It•
1,11
lr!I
11,
I
, 11 11 !i 111 ' rl
I I
I
I , I~
1111 I
I I ( J I l II I 1 1 :
~ '!1
-l I
lfiil ' i ,
jJJIJIUII I
I I I m,

I I I I I I I
· I
181
Jurisdiction LoaB•noe ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
This table is auto-populated once you enter your Junsdiction name and current year data Past year 1nforrnation comes from previous APRs R9l)Ol'tingY..- 2024 (Jan. 1 - Dec. 31) Please oontact HCD if your data Is different than the material supp~ed here Pianfflng r>.iod !Ith Cycle 01/31/2024...c:_ 0~41~2
Projection
Period
Table B
R_e_gional Housing Needs Allocation Progress
Permitted Units lssued_b_y Affordabilitv
tnoome L• v ..
,...,._
RHIIA ~ , P•riad •
lw_L_ -
01,-. -- - - - - - - lG3I -l...,\Mllo .. ll_......._, o ... (1111 _..,, _.I _ t....,
Very Low
k®'
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
r,0 1-------+----'-+--------'+-----+---- ---""'-,--------'+-----+-----+------1 ;i..,1-----'+----+----+--------'+--------'+--------'+--------'+---------'+---------'+------I Moderate ~~ ~=~tr~c~:eicted r 5Ml-----'-1-----=-1---.....:-1----+----..:....-----=-,---....:.-1-----'+-----+------'-j 165 1 1;~ I :I :I :I :I :I :I ·1 :I
~ .. 1fl l ;;i
2%2 lffl
'
Above Moderate I ' 1.3:'>(
_Total RHNA _ ~ '1-----------------~------------~---~---~---~--~=r-- Tota! Units -1--:,,oJ __ p11 Extremely Low-Income Units* T
Extremely lowIncome Need
-~
,1.c1 , .. , ., ., ., ., Progress toward extremety low-Income houainQ need, as determined pursuant to Government Code 65583(a)l1 l. - - iml
-T -._J
- --T
T - •Extremely low-income housing need determined pursuant lo Government Code 65583(a)(1). Value in Section 5 Is default value, assumed to be half of the very low-income RHNA. May be over.vritten.

Please Note: Table B does not currently contain data from Table For Table F2 for prior years. You may login to the APR system to see Table B that contains this data. ,..., -- Total Units to Total Units
Date Remaining
T
-T ·T ...

Note: units serving extremely low-income households are Included fn the very low-Income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (oect!on 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).

Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B wilt only include units that were permitted sfnce the start of the planning period. Projection Period units are in a separate column.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or oontact HCD staff at [email protected].

VU Deed Restricted
VU Non Deed Restricted
182
- L°'Banoo ANNUAL ELEMENT PROGRESS REPORT l
:Note: "+"lndicatesanoptionalfleld
ReportlngY- 202, (.111.n 1-Dec.31) Housing Element Implementation CellsNlgraycontainaulo-cak:ulationformulas (p11....- peftod ... ~ om..-.~
Table C
Sites Identified or Rezoned to Accommodate Shortfall Housina Need and No Net-Loss Law Project Identifier Date of
Re.tone RHNA Shortfall by Household Income Category Re.tone Type Sites Description ' ' . ' . ' . " " ' -- ...... . .,_ - - ------,1 - -1-- -"' I ..... . ,...M..., 'ttr __ N_ . - - -- - ·- - - ·- -- ..... .. o-.e,, c--- ~- -·- - t-•·
- - - - -·
'
'
183
Jurisdiction
Reporting Year

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Los Banos
2024 (Jan. 1 - Dec. 31 )
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenark:e, improvement. and development of housing as identified In the housing element.
1 2 3 4
Name of Program Oblactive Timeframe in H.E Status of Prooram Implementation The City shall designate sufficient land at
various densities to allow for the
construction of sufficient housing to meet its
legally adopted HCD Regional Housing
Needs Allocation (RHNA) between 2014
and 2023. The City shall review, as needed ,
the amount of land designated for various In October 2022 , the City adopted General Plan 2042, which redesignated sites to the residential uses in conjunction with the High-Density Residential Zone and increased the minimum density for high-density Program 1 amount of and types of housing produced in 2014-2023 residential land use from 12 to 20 units per acre to accommodate future demand for the previous year to determine if any multifamily housing. changes in the General Plan or Zoning Ordinance may needed to meet the City's
housing needs. A review of the supply of
vacant land and development patterns over
the preceding year will be incorporated into
each annual evaluation of the City's
implementation of the Housing Element
programs.
l
1 184
Create and maintain an up to date site The City annually updates and maintains the residential site inventory and continues to inventory detailing the amount, type and assist developers in identifying land suitable for residential development.

Program 1A. size of vacant or underused parcels, and Ongoing assist developers in identifying land suitable The City conducted several meetings with developers to review potential vacant sites for residential development. for residential development. The City also prepared maps identifying these sites, which were shared with developers.

Continue to seek grant funding from State On April 18, 2024, the City was awarded $11.8 million in Encampment Resolution and Federal sources to assist in the Funding Round 3 (ERF) funding for the One Tree Village Permanent Supportive development of affordable housing. Housing Project consisting of 50 units of affordable housing, supportive services, Whether the City applies for funding operating subsidies, and administrative costs. individually, as part of a consortium of
public agencies, or through a formal Joint On July 31, 2024, the City was also awarded an additional $2.5 million grant from the Powers Agreement with other public Central California Alliance (CCAH) for 8 additional units in the One Tree Village agencies, will depend on the type of Permanent Supportive Housing Project, cumulatively securing $14.3 million. program and the benefits to City of joint The proposed project consists of 58 units on a City-owned parcel for special needs versus singular application. Such programs include Section 202 Housing for the Elderly groups, including individuals experiencing homelessness and extremely low-income and Handicapped, Rental Housing households at risk of homelessness.

Program 1B. Construction Program (RHCP), Family Ongoing The project will be sustained by the Developer's ownership of rental units and revenue Housing Demonstration Program, from a mix of renter-paid, Section 8, Project-based, and HUD-VASH vouchers, and is
HOME/HOPE Programs, Community subject to a 55-year Affordable Housing deed restriction.

Reinvestment Act Programs (CRA), and On February 19, 2025, the City Council adopted a resolution authorizing the execution State Farmworker Housing Program. There are a number of other state and federal of the Disposition, Development, and Loan Agreement (DDLA) for the project (City programs that provide grants, loans, or Council Resolution No. 6882) The City has kept the RFP open for new opportunities as mortgage insuring for affordable housing grant funding becomes available and has also issued an RFQ for future projects. The development and in which eligible City anticipates completing construction of the 58-unit Permanent Supportive Housing applicants are for profit or non-profit home Project by June 30, 2027. builders. The city would lend its support to RFP issued on 4/12/2024: https://losbanos.org/wp-content/uploads/2024/04/RFP- such applications through favorable land use policies should eligible and financially Developer-Affordable-Housing-2024-FI NAL-1 .pdf feasible projects be submitted to the City. DDLA Staff Report/Resolutions (Resolution No. 6682): https://losbanos.org/wpcontent/uploads/2025/02/CC-Agenda-Packet-2.19.25-revised2 .pdf 185
Program 1C.

Program 1D.

Program 2
f O ldl.,;lllldlt: Ult: U t,Vt:IU tJIIl~lll 0 1 III UllllCU1111y housing affordable to lower-income
households, the City will identify and rezone
approximately 32 (shortfall of 625 units and
calculated at 20 du.lac.) acres of vacant
land currently zoned R-1 to the R-3 zoning
district, allowing exclusively residential uses
by right (not requiring a conditional use
permit, planned development or any other
discretionary approval), containing a
minimum of 16 units per site and a
minimum density of 20 units per acre by
March 2017. The rezoned sites will be
selected from the list of identified sites · -- ......... 0 _j_ in___.11_ 0 ~•&..· To meet the Unaccommodated Need from
the 4th Cycle identified in Program 1 C of
the 2009-2014 Housing Element and
AB1233 Analysis located in Section 5, the
City will rezone the site(s) listed in Table V6 and adopt a General Plan Amendment (if necessary) to meet the unaccommodated
need of eighty-one (81) units. The site(s)
will meet the following criteria:

Can meet a minimum of 16 units;
Can meet a minimum density of twenty (20)
dwelling units per acre;
Rezone to a district that permits residential
uses (by-right)
Staff will periodically review the
development standards for the residential
zones to identify standards that may
constrain the development of affordable
housing and housing for special groups,
such as disabled individuals.

Begin research in 2016 and
Rezone in 2017/2018
31-Mar-17
Ongoing
On March 20, 2019, as part of the General Plan update the City rezoned 5 acres from R-1 to R-3 which provided an additional capacity of 96 units for future multifamily housing.
(Ordinance No. 1169)
On March 20, 2019, as part of the General Plan update the City rezoned 5 acres from R-1 to R-3 which provided an additional capacity of 96 units addressing the unaccommodated need from the 4th cycle Housing Element. (Ordinance No. 1169)
In 2024, the City completed an administrative draft of the Community Design Standards which will help to promote affordable housing. A community workshop is scheduled for March 2025.
186
Affordable housing developers often face
constraints in developing affordable
housing projects. One way the City can
assist such developers is by providing fasttrack/priority processing for low-income and special needs housing projects. This
service can encourage affordable housing
development by allowing developers to go
through the approval and permitting
process quicker keeping costs down and The Community and Economic Development Department developed a streamlined Program 2A unit affordable. Options include: Ongoing permitting process in 2015 and continues to collaborate with affordable housing developments, guiding them through the local development process as projects are -Assign a primary contact for priority received. housing developments to assist with all
necessary entitlement and assist
navigating various local departments.
-Hold pre-application development
conferences.
-Provide information about permit
streamlining at the planning counter, on
the City's website and in other public
places to increase awareness.

The City's efforts have focused on securing $11.8 million in ERF funds and $2.5 million Assist fifty (50) first-time homebuyers in CCAH funds for the 58-unit Permanent Supportive Housing Project to assist special Program 2B. through the 2014-2023 Housing Element Ongoing needs groups and due to lack of capacity, has not yet applied for additional FTHB Planning Period funding. The City plans to actively pursue additional state funding for the first-time homebuyer program during the planning period.
187
In November 2024, to enforce the Nuisance Ordinance, the City established regulations Program 2C. Actively enforce Nuisance Ordinance with Ongoing regarding public camping and the storage of personal property on public property or in regard to abandoned or vacant homes. public areas in Title 5 Chapter 11 . These regulations were adopted so the City could take specific actions to address encampments while adhering to due process.

In accordance with Government Code
Section 65589.7, immediately following City
Council adoption, the City must deliver to all
public agencies or private entities that
provide water and sewer services to
properties within Los Banos a copy of the
2014-2023 Housing Element. The City of
Los Banos provides water and sewer Within 30 days of adoption of Program 2D. services to all residents and businesses the Housing Element; The City is the only water and sewer provider within its limits and has never denied within the City. As such, a copy of the prepare written procedures water and sewer services to new developments, regardless of affordability. adopted 2014-2023 Housing Element will by the end of 2017. be provided to the applicable Department(s)
within 30-days. The City will also establish a
written procedure by the end of 2017
pursuant to Government Code Section
65589. 7 to provide water and sewer service
to developments with units affordable to
lower income households.
188
To promote continued opportunity for public
engagement, the City shall conduct an
annual Housing Element review and
provide opportunities for public engagement
and discussion in conjunction with the State
requirement of written review of the General
Plan by April 1 of each year (per
Government Code Section 65400). Use the
Planning Commission and City Council as
an avenue for public input on housing
issues and housing element
implementation. Notices shall be prepared
in English and Spanish and be published in The City annually prepares the Housing Element Annual Progress Report and presents Program 2E. a newspaper of general circulation and Ongoing posted at City Hall. Website and social this at a public hearing. The report is submitted each year by April 1. media notification shall be encouraged. To
ensure General Plan Consistency between
the Housing Element and other Elements of
the General Plan, the City shall, in addition
to the requirements above, complete the
following: • Maintain the Draft General Plan
Housing Element Review on the City's
website; • Develop an evaluation matrix to
determine the consistency between the
Housing Element policies and programs
and the other Elements of the General
Plan.

Continue programs for rehabilitation and The City's efforts have focused on securing $11.8 million in ERF funds and $2.5 million encourage the county-wide CDBG
Program 3 consortium to apply to the State for funds Ongoing 2014-2023 in CCAH funds for the 58-unit Permanent Supportive Housing Project to assist special for housing rehabilitation on behalf of Los needs groups and due to lack of capacity, has not been able to assist the CDBG Banos. consortium in applying for funding.

Provide information to homeowners and The City continued to provide information to homeowners and nonprofit groups via Program 3A. nonprofit groups regarding funding and Ongoing social media, the City's website, and utility bills regarding any funding assistance assistance programs. programs.
189
Monitor at risk units by establishing and
maintaining close contact with property
owners regarding their long term plan for
Program 3B. projects on an annual basis. Seek funds to Ongoing The City did not have any units at risk of converting in 2024. The earliest date of any purchase and preserve the affordability of potential conversion is 2035. the units and establish and implement a
proactive tenant noticing and education
strategy.

Establish and implement a program to
Program 3C. reduce, waive or subsidize local Ongoing City staff continue to work with the City Council to reduce, waive, or subsidize local development fees associated with development fees on a case-by-case basis. preservation or replacement of at-risk units.

The City shall conduct a Housing Condition
Survey. This Housing Condition Survey will
follow HCD Guidelines. Results of the
survey are to be published on the City's
website and the City will assist the Housing
Authority of the County of Merced in
rehabilitation and targeted efforts. Actions The City conducted a Housing Condition Survey in March 2019 and posted the survey Program 3D. to be taken following the results of the December 2018 results on the website.

Survey include but are not limited to: https://losbanos.org/wp-contenUuploads/2013/09/Housing-Condition-Survey.pdf -Apply for HOME and CDBG grant funds
for rehabilitation projects identified as part
of the Survey; and
-Contact homeowners identified in the
Survey as having a home qualifying for the
rehabilitation program
190
Discourage land division of sites currently While the Community and Economic Development Department continues to discourage Program 3E.
zoned high density residential. Ongoing the land division of sites zoned high density residential, the City did not receive any proposals to subdivide large parcels
Continue to enforce State energy
conservation requirements such as Title 24
of the Building Energy Efficiency Standards On October 19, 2022, the City amended Title 8, Building Regulations of the Los Banos Program 4. for new residential projects and encourage Ongoing Municipal Code and adopted by reference the 2022 edition of the California Code of residential developers to employ additional Regulations Title 24, California Building Standards Code, with amendments. energy conservation measures with respect (Ordinance No. 1199) to: subdivision design, siting of homes on
the lot, landscaping and solar access.

Program 4A. Promote standards that promote passive so Ongoing In 2024, the City permitted 165 residential units featuring solar energy systems.

Evaluate Zoning Map to ensure that higher The Community and Economic Development Department evaluated existing higher- density zoning is adjacent to services and density residential uses in relation to the proximity of services and transit. The 58-unit Program 5. transit and make changes if necessary, Ongoing Permanent Supportive Housing Project funded by the ERF funds, currently under also work with developers on future developments to ensure close proximity of development, is strategically located near essential services. The site is within a quarter services to higher density residential uses. mile of a transit stop, a grocery store, and urgent medical care services. 191
Extremely Low-Income Housing
Development Funding. Coordinate with
developers, non-profit housing agencies,
and County, State, and Federal Agencies to
obtain available sources of funding for the
development of affordable housing units.

The City's Community and Economic
Development Department shall coordinate
with the Housing Authority of the County of The City secured $11.8 million in ERF funds and $2.5 million in CCAH funds for a Merced to research and pursue potential Permanent Supportive Housing project, comprising 58 units on a City-owned parcel funding opportunities, process applications, which will provide housing opportunities for special needs groups, including extremely Program 5A. and manage funds received for the Ongoing, 2014-2023 low-income households. development of affordable housing. Specific In addition, the City is working with the Housing Authority of the County of Merced to emphasis shall be placed on the develop 1 O tiny homes. The project has been approved entitlements and is currently development of extremely low-income undergoing the building permit process, which will be permitted ministerially. housing through a variety of activities,
including annual outreach to affordable
housing developers, providing technical
and/or financial assistance through
identifying grant and/or loan programs and
providing expedited processing of
applications for the development of housing
for extremely low-income households.

Program 58. Establish and implement a Reasonable By March 2017 On March 18, 2020, the City established a Reasonable Accommodation Ordinance.

Accommodation Ordinance (Ordinance No. 1181)
192
The City will work with the Merced County
Housing Authority to provide fair housing
services to its residents and property
owners by Distributing educational
materials to property owners, apartment
managers, and tenants, making public The City continues to work with the Merced County Housing Authority to provide fair Program 5C. service announcements via different media Ongoing (e.g., newspaper ads and public service housing services. announcements at local radio and television
channels, responding to complaints of
discrimination (i.e., in-taking, investigation
of complaints, and resolution) and Referring
services to appropriate agencies.

The City shall refer residents to the Central
Valley Regional Center for housing and On March 18, 2020, the City established a reasonable accommodation ordinance and services available for persons with amended its Municipal Code related to SRO, Supportive and Transitional Housing, and developmental disabilities. Provide Emergency Shelters to ensure compliance with State law.

Program 5D. information on services on the City's Ongoing In 2024, the City focused on the One Tree Village Permanent Supportive Housing website. As available, the City will pursue Project and secured $11.8 million in ERF funds and $2.5 million in CCAH funds for 58 State and federal monies for direct support permanent supportive housing units to assist special needs groups, including for housing construction and rehabilitation individuals experiencing homelessness and extremely low-income households at risk of specifically targeted for housing for persons homelessness. with developmental disabilities.

Program 6. Continue to maintain programs providing Ongoing The City continues to monitor the first-time homebuyer program and provides assistance for first time homebuyers information as requested. The City did not assist any First-time homebuyers in 2024.

Maintain contact with owners of affordable The City continues to maintain contact with the owners of affordable rental properties Program 7. rental properties and provide information Ongoing relating to maintenance and rehabilitation. and provides information as available.

Continue with funding programs established The City's efforts have focused on securing $11.8 million in ERF funds and $2.5 million Program 7A. for rehabilitation targeting affordable rental Ongoing in CCAH funds for the 58-unit Permanent Supportive Housing Project, and due to lack units. of capacity, has not applied for any additional funding for rehabilitation programs. 193
In cooperation with private developers, nonprofit housing corporations, Merced County, and other interested entities to apply for and
utilize State and Federal funding to assist
with projects for special needs housing. In On March 18, 2020, the City established a reasonable accommodation ordinance and addition, the City shall review and update if necessary the Los Banos Municipal Code to amended its Municipal Code related to SRO, Supportive and Transitional Housing, and Program 8. ensure the definition of special needs Ongoing, 2014-2023 Emergency Shelters to ensure compliance with State law. housing to ensure the definition is Through the $11.8 million in ERF funds and $2.5 million in CCAH funds, 58 permanent consistent with the United States supportive housing units will be developed for special needs groups.

Department of Housing and Urban
Development and the California
Department of Housing and Community
Development
Work with community based organizations
and developers with regard to special
needs housing and information on The City worked closely with the Merced County Rescue Mission, a nonprofit Program 8A. emergency shelters. The City shall contact Ongoing, 2014-2023 organization, on two bridge homes that provide emergency shelter totaling 20 beds. community based organizations on a semi- These homes are operated in partnership with the Merced County Rescue Mission and annual basis regarding opportunities for are funded through the City's PHLA funding . special needs housing and information on
emergency shelters.
194
To ensure the needs of aging residents are
met, the City will permit the development of
senior housing in specific areas of the
community, including residential and
commercial zones at higher densities than
are traditionally allowed. Zoning Incentives
will be given for senior housing
Program 8B. development such as reduced parking Ongoing The City did not receive any applications for senior housing projects in 2024 standards, reduced unit sizes, increased heights, and increased maximum lot
coverage. As senior housing projects are
received, the City will hold pre-application
meetings to discuss opportunities for higher
densities and zoning incentives to maximize
the potential for each project. This program
will be completed on a case-by-case basis.
195
Assist in the development of housing for
farmworkers. Actions will include
assistance with site identification and
support of applications for funding. The
City shall provide technical assistance
when needed, and continue to conduction
pre-application conferences and meet with
The City continues to assist in the development of housing for farm workers. Through farmworker housing developers on an the $11.8 million in ERF funds and $2.5 million in CCAH funds, 58 permanent ongoing basis. Actions include: supportive housing units will be developed for special needs groups. The project is Program BC. -Post information on the Community and Ongoing, 2014-2023 subject to a 55-year deed restriction for affordable housing and will broadly target all Economic Development Department low-income households, including farmworkers. Housing resource information has website within 1-year of Housing Element been posted on the City's website. adoption. 111 I Page Information https://losbanos.org/wp-content/uploads/2023/08/Housing-Division-Brochure.pdf includes a site inventory and available
land, housing resources and grant
information.
-Contact farmworker housing developers
to determine interest and identify
constraints to farmworker housing
development within the City.
196
The City will work with the agricultural
community, housing providers and
agricultural groups to develop and build
year-round and seasonal agricultural
worker housing. This will require an The City continues to support the development of farmworker housing and seeks analysis of prime agricultural areas in the City to identify suitable locations for at least ?pportunitie~ to collaborate with developers and local farmworker organizations through 20 units of farmworker housing. Information rmplementation of the 6th Cycle Housing Element Update.

Program 8D. gathered from this analysis shall be Ongoing provided , in conjunction with Program 8C, In 2024 the City identified a suitable site for the One Tree Village Permanent Supportive to agricultural and affordable housing Housing Project, consisting of 58 permanent supportive housing units. The project will developers in a manner conducive to their be a general affordable housing development, potentially including housing for yearuse for developing the actual units. In round or seasonal agricultural workers. addition, the City shall invite developers and
local farmworker organizations to be
involved in the Housing Element update
and other housing related activities.

The City will encourage and support State
and Federal funding applications for farm
worker housing and supportive
infrastructure by providing technical
assistance when needed, and continue to
conduct pre-application conferences and The City's efforts have focused on securing the $11.8 million in ERF funds and $2.5 meet with farm worker housing developers million in CCAH funds for the 58-unit Permanent Supportive Housing Project but Program 8E. on an ongoing basis. Technical assistance Ongoing continued to encourage and support funding applications for farmworker housing and can include but is not limited to information supportive infrastructure as needed. As part of the effort, the City has kept the RFP for gathering, peer review of State and Federal the "One Tree Village Permanent Supportive Housing Project" open to consider new funding applications and assistance in projects as grants become available. Additionally, the City issued an RFQ to explore finding suitable sites for farm worker future opportunities. housing. Additionally, the City will provide
information on County farm worker housing
through the Housing Authority of Merced
County.
197
The City will amend Title 9, Chapter 3 to
allow for the location of Single Room
Occupancy {SRO) uses as a conditional use
in the High Density Residential District (R3) and adopt development standards that allow and accommodate the inclusion of
new SRO's. Development standards may
include:
-Ensure development standards that do
not constrain the development of SROs, Draft Zoning Text On April 1, 2020, the City established development standards for Single Room ogram SF. the City will adopt development standards Amendment in 2017 and Occupancy (SRO) housing. that include: Amend Title 9 in 2017 /2018. (Ordinance No. 1182) -Requirements for a management plan
outlining policies and procedures;
-24- hour on-site management;
-Room limitation to single occupancy,
with allowance for overnight guests;
-Units must be 250-300 square feet in
size and include kitchen or bathroom; and
-Parking ratio of one space per unit and
bicycle rack storage of one rack per 5 units
The City will review and amend if
necessary, Title 9, Chapter 3, Article 23:

Site Plan Review to ensure the Planning Review Planning The City reviewed Title 9 Chapter 3 Article 23: Site Plan Review and concluded that Program 8G. Commission criteria for approval and Commission Criteria for there were no constraints to housing development. findings are not a constraint to the Approval 2016/2017. development of housing requiring Site Plan
Review.
198
The City will review and amend if
necessary, Title 9, Chapter 3 to ensure that
Transitional and Supportive Housing
complies with Senate Bill 2. If necessary,
the City shall amend the Zoning Ordinance
to permit Transitional and Supportive On March 18, 2020, the City amended Title 9, Chapter 3 to permit transitional and Program 8H. Housing as a residential use in all zones Review Zoning Ordinance supportive housing as a residential use, which is subject to only those restrictions that allowing residential uses and only subject to 2016/2017. apply to other dwellings of the same type in the same zone. those restrictions that apply to other (Ordinance No. 1182) residential dwellings of the same type in the
same zone. In addition, the City shall
amend Article 2: Definitions to include
Transitional and Supportive Housing and
Target Population, per Senate Bill 745.

The City will review and amend if
necessary, Title 9, Chapter 3 to ensure On December 2, 2020, the City amended Title 9 Chapter 3 related to Employee Program 81. Housing for Farmworkers is consistent with Review Zoning Ordinance Housing to comply with the California Health and Safety Code Sections 17021.5 and the Employee Housing Act (Health and 2016/2017. 17021.6.

Safety Code Section 1700 et. seq.), (Ordinance No. 1188) specifically, Sections 17021.5 and 17021 .6.
199
Annual Progress Report
r .. -- ""- -~ -r-l]iiiii; ,..,_. 202,4 l l_J

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation (CCRTitk>25§e202)
Commercial Development Bonus Approved °pursiiant to GC Section 65_915.7 Projectldentifi11r
---1--·1-=- -··
.....
-
UnitsConstructed!l!IPartofAgn,,emant
-- -=- --- D.,.criptiono
Commercial
-
--·
--
NolQ:"+"indic919SMOptiormlr»fd
Celh;ingreyconteina<.to-celculBtion
Jormukts
Commerclal Development Bonus
o,,teApproved
---- -
200
Jurisdiction Los Banos ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates indicates an optional optional field Reporting Period 2024 31) Housing Element Implementation Cells in grey contain contain auto-calculation auto-calculation formulas formulas Planning Period 6th Cvcle 01/31/2024- 01/31/2032
Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1 (c)(1 )(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Unlts that Count Towards RHNA • The description should adequately document Note - Bei;;ause lhe statutory req\,liremenas severely li111it what how each unit complres with subsection (c) of Unita that Do Not Count Toward& RHNA • ean be caunted, please contact HCD at [email protected] Government Code Section 65583.1•. Listed for lnforrnstfonal Pu,po,;,ses Only we will lll'\lock !He form which enable you to pcpulate these- i;-aii" detailed rapottlng_ requirements, SH the AcUvlty Type fields. chcldlst heret
hlll:l~&'./WWW hcd.ca.gov/communiti,:-
Extremely Low• Very low• Extremely Low- Very low• TOTAL develoomen!ldocs.'a_d_i,_gufil~-s1les-checkl1Sl.filli 1ncome• income• l.ol#-lncome. TOTAL UNITS• trn:ome• Income• Low-lncmme • UNITS ..

Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Annual Progress Report January 2020
201
Jurisdiction Los Banos
Reporting
Period 2024 (Jan. 1 - Dec. 31)
Planning
Period 6th Cycle 01/31/2024 - 01/31/2032
For up to 25 percent of a jurisdiction's moderate-income regional housing need c Project Identifier
1 Prior APN+ Current APN Street Address Project Name+
Summary Row: Start Data Entry Below
202

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Above Moderate Income Units Converted to M
1llocation, the planning agency may include the number of units in an e> for the unit. Before adding information to this table, please ensure h, Unit Types
2 3
Local Unit Tenure Very Low- Very LowIncome JurlJdlctlon Category R=Renter Income Deed Non Deed Tracking ID (2 to 4,5+) Restricted Restricted 0 0
203
Note: "+" indicates an
optional field
Cells in grey contain auto-calculation formulas
Table F2
oderate Income Pursuant to Government Code section 65400.2 cisting multifamily building that were converted to deed-restricted rental housing for moderate-in ousing developments meet the requirements described in Government Code 65400.2(b).

Affordability by Household Incomes After Conversion
4 Low- Income Moderate- Moderate- Above Low- Income Deed Income Non Restricted Non Deed Income Deed Deed ModerateRestricted Restricted Restricted Income 0 0 0 0 0!
204
1come households by the imposition of affordability covenants and restrictions Units credited toward Moderate
Income RHNA
5 Total Moderate Income Date
Units Converted from Converted
Above Moderate
0 Notes
6 205
206
Jurisdiction
Reporting
Period
Los Banos
2024
NOTE: This ta
{Jan. 1 _ Dec. ALL surplus/e
31 ) jurisdiction m
-------------------------- --- ANNUAL ELEMENT PRO
Housing Element lm1
For Merced County jurisdictions, please format th
Table H
Locallv Owned Sur
Parcel Identifier
1 2 3 4
APN Street Addressnntersectlon Existing Use Nuroberof
Unit■
Summarv Row: Start Data Entl"II Below I
207
Jurisdiction Los Banos
Reporting
Period 2024
Planning
Period 6th Cycle
(Jan. 1 - Dec.
31)
01/31/2024 ~ 01/31/2032
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table J
Note:

Cells in gre
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Se, Project Identifier Project Type Date Units (Beds/Student Capacity) Approved 1 2 3 4
local Very Low- Very Low- Low-Income Low-Income Moderate- Moderate- Above I APN S"'1Addn,s1 Pl'ojeot Name• Jllrildlction Unit category Dale Income Deed Income Non Deed Non Deed Income Deed Income Non Moderate- I Tl'Kklng 10• (SH • Student Housing) Restricted Deed Restricted Restricted Restricted Deed Income I Restricted Restricted Summar:v Row: Start Data EntJv, Below
Annual Progress Report January 2020
208
Jurisdiction Los Banos ANNL
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2024 - 01/31/2032
Local governments are required to inform HCD about any local tenant preference ordinan< Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adoptin rr
Does the Jurisdiction have a local tenant preference pQlicy? No .I If the Jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.

Notes
209
Jurisdiction Los Banos
2024

ANNUALE
Local Early ~
Please update the status of the proposed uses listed in the entity's application for fu on the eliaible uses specified in Section 50515.02 or 50515.03, as applicable.

Total Award Amount $
Task $ Amount Awarded
Prepare Admin Draft LU &/ PC&CC workshops on LU and Circulation $28,000.00 Element Circulation Element Prepare draft Anx Planning Policies $14,300.00
Respond to revisions and comments $5,000.00
Anx Policy Joint Study session with PC and CC #1 and #2 $3,000.00 Revise and prepare for PC and CC review $7,700.00
Planning Commission Hearings and City Council Hearings $5,000.00 Housing Element Initiation and site inventory $12,880.00 Outreach with stakeholders and community $26,000.00
Prepare Housing Element Draft and CEQA $12,120.00
Public Review of Draft Housing Element $7,940.00
HCD Submittal and Housing Element Revisions $6,140.00
Final Housing element and Adoption $21 ,920.00
Summary of entitlements, building permits, and certificates of occupancy (auto-pop1..

Completed Entitlement Issued by Afforda,bllity Su11
'I
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
210
Bulldlng Pennits IHUed by Affordability Summ
I Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Certtflcate of Occupancy Issued by Affordablllty Su
I Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
211
(~an. 1 - Dec. 31)
:LEMENT PROGRESS REPORT
,ction Planning (LEAP) Reporting
(CCR Title 25 §6202)
nding and the corresponding impact on housing within the region or jurisdiction, as applical _ _ _______ 1_so...;,,_oo_o_.o_o_,I Total award amount is auto-populated based on amou, $ CumulatJve Other Reimburseme"t Task Status
Requested Funding
$28,000.00 Completed None
$14,300.00 Completed None
$5,000.00 Completed None
$3,000.00 Completed None
$7,700.00 Completed None
$5,000.00 Completed None
$12,880.00 Completed None
$26,000.00 Completed None
$12,120.00 Completed None
$7,940.00 Completed None
$6,140.00 Completed None
$21 ,920.00 Completed None
,lated from Table A2)
,mary
Current
Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
212
1ry
Current
Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 16
165
181
mmary
Current
Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 5
89 94
213
LOsBanos
\t J/1t 10 "'"''' 01 aliJo, ""'
a - -- - -- COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT Date: March 7, 2025
Regarding: Notice of Public Hearing
Proposal: City of Los Banos Housing Element Annual Progress Report 2024 NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider the City of Los Banos General Plan Housing Element Annual Progress Report for calendar year 2024 and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant Section 15061 (b)(3) of the CEQA Guidelines as the Annual Report has no significant effect on the environment.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, March 19, 2025 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.

All persons are invited to be present at the virtual public hearing and present testimony concerning the items listed above. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
rm
214
T Cityof B LOS ·anos
"
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Engineer an
Joe Heim, Parks and Recreation Director
DATE: March 19, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Accepting a Grant Deed for 2.33± acres located at Shaunessy Village Phase 1 for a future park and storm basin for public use and authorizing the Interim City Manager to execute all required documents.

Recommendation:

That the City Council adopts the Resolution approving the acceptance of a Grant Deed for 2.33± acres located at Shaunessy Village Phase 1 for a future park and storm basin for public use and authorizing the Interim City Manager to execute all required documents.

Background:

The Tentative Tract Map No. 2018-03 for Shaunessy Village Subdivision was approved by the City of Los Banos Planning Commission on October 24, 2018 by Resolution No. 2018-29. The subdivision was split into three phases and the Final Maps for these phases were approved by City of Los Banos City Council in August 2019. On November 6, 2019 Shaunessy Villages Phases 1, 2 & 3 Public Improvements were accepted by City of Los Banos City Council by Resolution No. 6143. The Final Development Plan included 2.33± acres within Shaunessy Village Phase .1 for a future park and storm basin for public use, however, the developer maintains ownership of this area.

Discussion:

Per the Tentative Tract Map a 2.33± square foot area is required at Shaunessy Village Phase 1 for a future park and basin for public use. The subject site is located north of DeAnza Way, south of Hayley Street, east of Columbia Drive and west of Spadafore Street, more specifically identified as Assessor Parcel No. 083-640-022, requires ITEM 10
215
Grant Deed was reviewed and approved by a third-party consulting firm. Both the Planning and Public Works Department have reviewed and approved the dedication documents. Upon dedication, Stonefield Home, Inc. is entitled to Park Development Reimbursement in the amount of $204,434.54 and Park Dedication Fee Reimbursement in the amount of $84,633.95 to be paid from account 261-454-220-717. The Finance Department has reviewed and approved the reimbursement.

Fiscal Impact:

Upon dedication, Stonefield Home, Inc. is eligible for Park Development Reimbursement in the amount of $204,434.54 and Park Dedication Fee Reimbursement in the amount of $84,633.95 for a total of 289,068.49 to be paid from account 261-454-220-717 (Shaunessy Village Park).

Reviewed by:
/3 ~ Al
Gary~~ee, Interim City Manager
Attachments:

Resolution
Grant Deed Transfer (Copy)
Location Map - Exhibit A
Preliminary Change of Ownership Report
Transfer Tax Affidavit
Site Map
Brent Kuhn, Interim Finance Director
216
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING GRANT DEED
OF 2.33+ ACRES LOCATED AT SHAUNESSY
VILLAGE PHASE 1 FOR A FUTURE PARK AND

STORM BASIN FOR PUBLIC USE AND

AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE ALL REQUIRED DOCUMENTS FOR
THIS DEDICATION ACCEPTANCE.

WHEREAS, the Planning and Public Works Department, requests that the City Council of the City of Los Banos adopts the acceptance of a Grant Deed for 2.33.± acres located at Shaunessy Village Phase 1 for a future park and storm basin for public use. The land involved is more specifically, Assessor Parcel No. 083-640-022; and WHEREAS, per the Tentative Tract Map a 2.33.± square foot area is required at Shaunessy Village Phase 1 for a future park and basin for public use. The subject site is located north of DeAnza Way, south of Hayley Street, east of Columbia Drive and west of Spadafore Street, more specifically identified as Assessor Parcel No. 083-640-022, requires dedication to the City of Los Banos for a future park and storm basin for public use;and
WHEREAS, a 2.33.± square foot area is being irrevocably offered for dedication for a future park and basin for public use to the City of Los Banos as described in Exhibit A and as shown on Exhibit B; and
WHEREAS, the City's Consulting Professional Land Surveyor has reviewed and approved the documents associated with the 2.33.± square foot area that is being irrevocably offered for dedication for a future park and storm basin for public use as shown on Exhibit B; and
WHEREAS, upon dedication Stonefield Home, Inc. is eligible for Park Development Reimbursement in the amount of $204,434.54 and Park Dedication Fee Reimbursement in the amount of $84,633.95 to be paid from account 261-454-220-717; and
WHEREAS, all information has been submitted to the City Council of the City of Los Banos for approval; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the dedication of the Grant Deed for 2.33.± acres located at Shaunessy Village Phase 1 for a future park and storm basin for public use. 217
The land involved is more specifically, Assessor Parcel No. 083-640-022 and authorizes the Interim City Manager to execute all required documents for the acceptance of this dedication and the reimbursements associated with the dedication.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of March, 2025, 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:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
218

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF LOS BANOS
520 J STREET
LOS BANOS, CA 93635

EXEMPT FROM RECORDING FEES

PURSUANT TO GOVERNMENT CODE
SECTION 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 083-640-022

GRANT DEED
For no consideration, receipt of which is hereby acknowledged, STONEFIELD HOME, INC., a California corporation, GRANTOR, hereby Grants to CITY OF LOS BANOS, a municipal corporation, GRANTEE, all of its right, title and interest in and to the real property in the City of Los Banos, County of Merced, State of California, described below and depicted on Exhibit "A" which is attached and incorporated herein.

Lot B of Tract No. 2018-03, Shaunessy Village, Phase 1, in the City of Los Banos, County of Merced, State of California, according to the map thereof recorded in Volume 81 of Official Plats at Pages 28 through 34, Merced County Records.

Stonefield Home, Inc., a California corporation
By: ____________ _ Dated: --- ---- Greg Hostetler, President

ATTACH NOT ARY ACKNOWLEDGEMENT
219
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(N38'22'54"W 26.281
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64 51
52 67
--- - - - - SECTION LINE
--- - -- PROPERTY LINE
-- - -- CENTER LINE
-
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EXHIBIT A
114 J J 5 116
J

HAYLEY STREET
(S88'59'14"E 395.971
--
LOT B
101,685.82 SF

2.JJ ACRES
"'----......
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50 - - - - - - - 10' P.U.£ (PUBLIC UTILITY EASEMENT}
() DATA PER TRACT NO. 2018-03, MERCED COUNTY RECORDS
1 J 7 118 119
- (S-43'._5_9-'14-.. E- 24~~
42 --
j1 146
I
I 147
148
149
150
151

27.581
SCALE 1" =80'
0 40' 80'
1: ~t-----------..-------------~------------,-------1
~ EXHIBIT PROJECT NAME: SHEET I tl!!9e!",-'l.'~'/• N DESCRIPTION: SHAUNESSY VILLAGE - PHASE 1 _ r,r.iiii.'-4 ~j • TRACT NO. 2018-03 ~ - CIVIL ENGINEERING, INC PARK EXHIBIT A
i..._ ~ __________ ..._ ___________ ___. _____ 03/ 12/2025 ...._ ____ 24-077.11 ----1,__ __ ___. 1 OF 1
220
BOE-502-A (P1) REV. 14 (05-18)

PRELIMINARY CHANGE OF OWNERSHIP REPORT ASSESSOR'S OFFICE 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.

BARBARA J. LEVEY - ASSESSOR
2222 M STREET MERCED, CA 95340
Phone: (209) 385-7631 Fax: (209) 725-3956
WWW.CO.MERCED.CA.US

NAME AND MAILING ADDRESS
(Make necessary corrections to the printed name and mailing address r

CITY OF LOS BANOS
520 J STREET
LOS BANOS, CALIFORNIA 93635
L

STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
7 _J

ASSESSOR'S PARCEL NUMBER
083-640-022

SELLER/TRANSFEROR
STONEFIELD HOME, INC. BUYER'S DAYTIME TELEPHONE NUMBER
( 209 ) 827-7000 BUYER'S EMAIL ADDRESS
SHAUNESSY VILLAGE PHASE 1 - PARK AND STORM BASIN AREA
DYES [Zj NO This property is intended as my principal residence. If YES, please indicate the date of occupancy or intended occupancy.

D YES [Zj NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs?

MAIL PROPERTY TAX INFORMATION TO (NAME)

CITY OF LOS BANOS

MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CITY
520 J STREET LOS BANOS
PART 1. TRANSFER INFORMATION Please complete all statements.

This section contains possible exclusions from reassessment for certain types of transfers.

YES NO

MO DAY YEAR
STATE ] ZIP CODE
CA 93635
□ [Z) A. This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). □ [Z) B. 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.). □
□
□
□
□
[Z) * C. This is a transfer: D between parent(s) and child(ren) D from grandparent(s) to grandchild(ren). [Z) • D. This transfer is the result of a cotenant's death. Date of death ___________ _ [Z) * E. This transaction is to replace a principal residence owned by a person 55 years of age or older.

Within the same county? DYES D NO
[Z] * F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? DYES D NO
[Z) G. 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: ________________ ________________ ___ _ □ 0
□ [Z)
H. The recorded document creates, terminates, or reconveys a lender's interest in the property.

I. 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:
0 □ 0
□ [Z)
0 0
J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document.

K. 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 creator/grantor/trustor and/or D grantor's/truster's spouse D grantor's/trustor's registered domestic partner.

L. This property is subject to a lease with a remaining lease term of 35 years or more including written options.

M. 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.

I{] N. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.

I{]• 0. This transfer is to the first purchaser of a new building containing an active solar energy system.

D P. Other. This transfer is to The City of Los Banos for park and storm basin area for public use. * 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
221
BOE-502-A (P2) REV. 14 (05-18)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.

A Date of transfer, if other than recording date: ___ ___ _ B. Type of transfer:

D Purchase D Foreclosure D Gift D Trade or exchange D Merger, stock, or partnership acquisition (Form BOE-100-B) D Contract of sale. Date of contract: ____ ___ D 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 term in years (including written options): __ Remaining term in years (including written options):
[l] Other. Please explain: Stonefield is dedicating to the Cjty of Los Banos an area for park and storm basinfor public Lise-:- c. Only a partial interest in the property was transferred . DYES D NO If YES, indicate the percentage transferred : % PART 3. PURCHASE PRICE AND TERMS OF SALE
A Total purchase price
Check and complete as applicable.
1 $ -o.ooB. Cash down payment or value of trade or exchange excluding closing costs Amount $ _____ _ C. First deed of trust@ ___ % interest for ___ years. Monthly payment$_ ____ _ Amount $ _ ____ _ D FHA (_Discount Points) D Cal-Vet D VA (_Discount Points) D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D Balloon payment$______ Due date: ____ _ _
D. Second deed of trust@ ___ % interest for ___ years. Monthly payment$______ Amount $ _____ _ D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D 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 included in the purchase price $ ___ __ _ G. The property was purchased: Through real estate broker. Broker name: _____ ____ Phone number: ( __ _ ~) ____ _ D Direct from seller D From a family member-Relationship ________ _ D Other. 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 Assessor in the valuation of your property.

PART 4. PROPERTY INFORMATION
A Type of property transferred
Check and complete as applicable.

D Single-family residence
D Multiple-family residence. Number of units: __
[Z] Other. Description: (i.e., timber, mineral, water rights, etc.) Park and Storm Basin
D Co-op/Own-your-own
D Condominium
D Timeshare
D Manufactured home
D Unimproved lot
D Commercial/Industrial
B. DYES D 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 club memberships, etc. Attach list if available.

If YES, enter the value of the personal/business property: $________ Incentives $ _ _ ____ _ C. DYES D NO A manufactured home is included in the purchase price.

If YES, enter the value attributed to the manufactured home: $ ______ _ _ DYES ONO The manufactured home is subject to local property tax. If NO, enter decal number:

D. DYES D NO The property produces rental or other income.

If YES, the income is from: D Lease/rent D Contract D Mineral rights D Other: _____ ________ _ E. The condition of the property at the time of sale was: 0Good Please describe:

Average

CERTIFICATION
0Fair 0Poor
I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief.

SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE ►

NAM E OF BUYER/TRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) TI TLE Gary Brizzee on behalf of the City of Los Banos Interim City Manager The Assessor's office may contact you for additional information regarding this transaction.

TELEPHONE
( 209) 827-7056

EMAIL ADDRESS
[email protected]
222
I
MEf!CEDk
COUNTY
BARBARA J. LEVEY

COUNTY OF MERCED

ASSESSOR-CLERK-RECORDER

DOCUMENTARY TRANSFER TAX AFFIDAVIT

WARNING

RECORDER
2222 ''M" Street
Merced, C4 95340
(209) 385-7627
(209) 385-7626 Fax
www. co.merced.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 SUBJECT TO PROSECUTION FOR SUCH OFFENSE.

ASSESSOR'S PARCEL NO. 083-640-022 I declare that the documentary transfer tax for this - ---------- Property Address: Shaunnessy Village Phase 1 - park and storm basin area transaction is: $-0- - ------
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: {The 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, 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 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 partnership, or between legal entities and does not change the proportional interests held.

IS THIS A TRANSFER BElWEEN LEGAL ENTITIES? □ Yes i;zJ No IF YES, TRANSFERS INVOLVING LEGAL ENTITIES MUST PROVIDE, DOCUMENTATION AT THE TIME OF RECORDING.

SOME EXAMPLES ARE LISTED BELOW.

Entity ownership documentation is required if you are a:
~ Corporation - A copy of the Articles of Incorporation amendments and any other documents ~ showing the shares issued and share ownership; or
~ LLC - A copy of the Operating Agreement, amendments, and any other documentation showing ~ the partners and ownership/percentage; or
~ Partnership - A copy of the Partnership Agreement, Amendments and any other documents ~ showing the partners and ownership percentage.

For Recorder's Use:

MCR 11911 (Rev. 04/17)
223

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 in order to claim 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, 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 IS TRUE AND CORRECT.

Executed this ---- day of
- ----------
Signature of Affiant/ Authorized Representative
City of Los Banos
Name of Firm (if applicable)
t 2025 at Los Banos
City, State
Printed Name of Affiant/ Authorized Representative
520 J Street, Los Banos, California 93635
Address of Affiant (including City, State, and Zip Code) (209) 827-7000
Telephone Number of Affiant (including area code)
This form is subject to the California Public Records Act (Government Code 6250 et. seq.) 224
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226

Los Banos City CouncilMarch 19, 2025

Los Banos City Council
March 19, 2025