LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 2, 2025 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
If you require special assistance or translation services 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 o asistencia de traducci6n para a tender o participar en esta junta por favor /lame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas_ antes de la junta.
La Ciudad de Los Banos cumple con la fey de Estadounidenses con Discapacidades (ADA) de 1990.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier articu/o 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.
1 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. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City's website for public review. Agenda packets can be found on th~ C.i!Y's website ~t the follqwing link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - April 2, 2025 Page 1 of4 1 1. CALL TO ORDER - April 2, 2025 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
__ [vacant] - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor
Evan Sanders - District 2
Deborah Lewis - District 4
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Certificate of Recognition - Employee of the Month for March 2025 - Mariah Martinez, Recreation Coordinator I, Parks & Recreation Department.
B. Introduction of the Seven (7) New Police Officers: Rafael Gonzalez, Rayshawn Owens, Max Pugh, Joshua Tovar, Marco Alvarado, Benjamin Silva, Kristian Rocha.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #250582 -#250817 in the Amount of $1,661,441.51.
Recommendation: Approve the check register as submitted.
B. City Council Resolution No. 6907 - Accepting Public Improvements for Quail Meadows, The Villages V Phase 2, Unit 2 (Lodi Development, Inc.).
Recommendation: Adopt the resolution as submitted.
C. City Council Resolution No. 6908 - Accepting Public Improvements for Dove Hollow, The Villages VII Phase 3 (Lodi Development, Inc.).
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - April 2, 2025 Page 2of4 pgs. 1-4
pgs. 5-6
pgs. 7-10
pgs. 11-44
pgs. 45-84
2 D. City Council Resolution No. 6909 - Ratifying the City Manager's Approval of the Employment Agreement with the Finance Director Minerva Moreno.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6910 - Approving a Side Letter Agreement / Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Dispatchers / Community Services Officers Association Regarding COLA Salary Increase for Public Safety Dispatchers.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6911 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section G - Police, Public Safety Dispatchers.
Recommendation: Adopt the resolution as submitted.
8. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6912 - AUTHORIZING AWARD OF CONSTRUCTION CONTRACT TO ROLFE
CONSTRUCTION, INC. IN THE AMOUNT OF $4,432,440 WITH A 15% CONTINGENCY OF $664,866 FOR THE CONSTRUCTION OF THE FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6913 - AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PURCHASE
ORDER WITH AGEE CONSTRUCTION CORPORATION IN THE AMOUNT OF $175,269 FOR THE PROCUREMENT OF REINFORCED CONCRETE PIPE PURSUANT TO SECTION 3-10.250(M) OF THE CITY MUNICIPAL CODE.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. MID-YEAR 2024-2025 FISCAL YEAR BUDGET REVIEW.
A City Council Resolution No. 6914 - Adopting a Revised Budget for the 2024- 2025 Fiscal Year as it Pertains to Expenditures and Revenues.
Recommendation: Receive the staff report and adopt the resolution as submitted.
11. CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER AND AN
ALTERNATE TO THE VALLEY-WIDE SPECIAL CITY SELECTION COMMITTEE
ASSOCIATED WITH THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT.
Recommendation: Appoint a Council Member and also an alternate.
12. ADVISEMENT OF PUBLIC NOTICES. (No Reports)
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - April 2, 2025 Page 3of4 pgs. 85-102
pgs. 103-108
pgs. 109-112
pgs. 113-124
pgs. 125-130
pgs. 131-138
pgs. 139-147
3 13. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
14. CITY COUNCIL MEMBER REPORTS.
A. [vacant] - District 1
B. Evan Sanders - District 2
C. Marcus Chavez - District 3
D. Deborah Lewis - District 4
E. Michael Amabile - Mayor
15. CLOSED SESSION - Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b): (One Potential Case).
16. 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. ~ I .~
Lucille L. Mallonee, City Clerk Dated this 28th day of March 2025 Los Banos City Council Agenda - April 2, 2025 Page 4 of4 4 CERTIFICATE OF RECOGNITION
<Presented <To
Mariah Martinez
Recreation Coordinator I - Parks and Recreation Department • In recognition of your outstandzng peiformance and dedzcated service to tlie City of Los <Banos and for 6eing named "P,mp{oyee of tlie 1W.ontli 11for 1W.arcli 2025 :MicliaeC S. }lma6iCe, :Mayor
<Dated': Jlpri[ 2, 2025
,~ T CityoJ B
Q '~~i LOS anos
At tl1c Cmssrnads of Calif nrnia
ITEM 5A
5 LOs Banos
, I I I I I I/, I 111 I
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Ray Reyna, Chief of Police ~
April 2, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Introduction of New Police Officers
There will be a presentation by Police Chief Ray Reyna, to introduce seven new Los Banos Police Officers to the Mayor, Council Members and the Public. The new Officers are:
• Rafael Gonzalez
• Rayshawn Owens
• Max Pugh
• Joshua Tovar
• Marco Alvarado
• Benjamin Silva
• Kristian Rocha
This is an informational item only, no action to be taken.
Reviewed by:
Gary Brizzj lni'e~ anager
ITEM 5B
6 CK# 250582 - # 250817 04/02/2025 $1,661,441.51
Check Report Los Banos
Check By Date \1 rlu- Cw, ,oaJ, of uflf,.,rnrn
Check Number Payment Date Vendor Module Payment Type Payment Amount 250583 03/14/2025 Agile Occupational Medicine PC Accounts Payable Check 190.00 250584 03/14/2025 Apex Annex Health Center, Inc. Accounts Payable Check 710.00 250585 03/14/2025 Central Valley Toxicology, Inc Accounts Payable Check 95.00 250586 03/14/2025 Marcelino Cortez Accounts Payable Check 120.00 250587 03/14/2025 International Association of Fire Fighters Accounts Payable Check 9,000.00 250588 03/14/2025 Imagine Way More LLC Accounts Payable Check 7,500.00 250589 03/14/2025 Liebert Cassidy Whitmore Accounts Payable Check 5,587.50 250590 03/14/2025 Jennifer Loa Accounts Payable Check 161.70 250591 03/14/2025 Marina Landscape, Inc. Accounts Payable Check 24,700.00 250592 03/14/2025 Kyle Umidon Accounts Payable Check 5,174.39 250593 03/14/2025 Law Offices of William A Vaughn Accounts Payable Check 18,964.50 2505~ 03/14/2025 All American Plumbing Accounts Payable Check 447.24 250595 03/14/2025 Allstar Fire Equipment Accounts Payable Check 5,083.29 250596 03/14/2025 Anthony Gomes Accounts Payable Check 714.68 250597 03/14/2025 AT&T Accounts Payable Check 3,424.47
250598 03/14/2025 Dorothy June Baker Accounts Payable Check 856.65 250599 03/14/2025 Bear Electrical Solutions, Inc. Accounts Payable Check 1,110.00 250600 03/14/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 358.00 250601 03/14/2025 Bound Tree medical LLC Accounts Payable Check 587.62 250602 03/14/2025 Brinks Inc. Accounts Payable Check 959.49 250603 03/14/2025 Bruce's Tire Inc Accounts Payable Check 2,201.75 250604 03/14/2025 BS K Associates Accounts Payable Check 6,018.25 250605 03/14/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 1,242.00 250606 03/14/2025 Cal Traffic Accounts Payable Check 857.93 250607 03/14/2025 Cintas Corporation No.2 Accounts Payable Check 446.27 250608 03/14/2025 City Certified Backflow Prevention, Inc. Accounts Payable Check 550.00 250609 03/14/2025 Central Valley Concrete Inc. Accounts Payable Check 3,112.44 250610 03/14/2025 Clark Pest Control Inc Accounts Payable Check 413.00 250611 03/14/2025 Cook's Communications Corp. Accounts Payable Check 713.63 250612 03/14/2025 Copy Shipping Solutions Accounts Payable Check 31.82 250613 03/14/2025 Cornflower Farms Accounts Payable Check 527.44 250614 03/14/2025 CPS Accounts Payable Check 907.00
250615 03/14/2025 CSG Consultants Inc. Accounts Payable Check 150,406.72 250616 03/14/2025 LN Curtis & Sons Accounts Payable Check 334.26 250617 03/14/2025 Justin Campiotti Accounts Payable Check 600.00 250618 03/14/2025 Dispensing Technology Corporation Accounts Payable Check 3,236.85 250619 03/14/2025 Faith Mechanical, Inc. Accounts Payable Check 4,708.00 250620 03/14/2025 Fas Trak Invoice Processing Dept. Accounts Payable Check 8.00 250621 03/14/2025 Food 4 Less Accounts Payable Check 179.40 250622 03/14/2025 Fun Express LLC Accounts Payable Check 7,591.11 250623 03/14/2025 Galvin Preservation Associates, Inc. Accounts Payable Check 8,800.48 250624 03/14/2025 GoTo Communications, Inc. Accounts Payable Check 3,852.57 250625 03/14/2025 Government Revenue Solutions Holdings I, LLC Accounts Payable Check 750.00 250626 03/14/2025 Halcyon Creek Inc. Accounts Payable Check 15,270.00 250627 03/14/2025 Hoffman Electronic Systems Accounts Payable Check 151.95 250628 03/14/2025 JC's Pure Water & More Accounts Payable Check 90.00 250629 03/14/2025 Jerry Witt Accounts Payable Check 2,389.00 250630 03/14/2025 Kimball Midwest Accounts Payable Check 204.44 250631 03/14/2025 Kone Inc. Accounts Payable Check 903.00 ITEM 7A
7 250632 03/14/2025 Lowe's Accounts Payable Check 625.84 250633 03/14/2025 Mark Thomas & Company. Inc. Accounts Payable Check 1,953.46
250634 03/14/2025 Marfab Inc Accounts Payable Check 39.11 250635 03/14/2025 Merced County Regional Waste Management Authority Accounts Payable Check 6,290.38 2506~ 03/14/2025 Merced Truck & Trailer Inc Accounts Payable Check 166.90 250637 03/14/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 142.86 250638 03/14/2025 Alexandria Montoya Accounts Payable Check 350.00 250639 03/14/2025 Napa Auto Parts of Los Banos Accounts Payable Check 520.55 250640 03/14/2025 OSE Accounts Payable Check 267.14
250641 03/14/2025 David Oliveira Accounts Payable Check 80.00 250642 03/14/2025 O'Reilly Auto Parts Accounts Payable Check 630 .26
250643 03/14/2025 Phoenix Group Information Systems Accounts Payable Check 2,1S8.93 250644 03/14/2025 Placeworks, Inc. Accounts Payable Check 5,484 .55
250645 03/14/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 19,204.40 250646 03/14/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 1,188.42 250647 03/14/2025 Save Mart Supermarkets Accounts Payable Check 91.46 l,50648 03/14/2025 Sherwin Williams Co Accounts Payable Check 515.93 250649 03/14/2025 SHI International Corp Accounts Payable Check 77.80 250650 03/14/2025 Robert & Susan Hansen Accounts Payable Check 728.62 250651 03/14/2025 Sorensens True Value Accounts Payable Check 559.40 250653 03/14/2025 Stantec Consulting Services, Inc. Accounts Payable Check 1,246.00 250654 03/14/2025 Gloria Sa las Accounts Payable Check 45.00 250655 03/14/2025 Audra Stewart Accounts Payable Check 350 .00
250656 03/14/2025 Technicon Engineering Services, Inc. Accounts Payable Check 1,360.00 250657 03/14/2025 TeamCalifornia Economic Development Corp. Accounts Payable Check 795.00 250658 03/14/2025 Tractor Supply Credit Plan Accounts Payable Check 119.60 250659 03/14/2025 Tyler Technologies, Inc. Accounts Payable Check 16,058.22 250660 03/14/2025 Utility Truck Equipment Manufacturing, LLC Accounts Payable Check 83.07 250661 03/14/2025 Vanir Construction Management, Inc. Accounts Payable Check 4,270.00 250662 03/14/2025 Verizon Wireless Accounts Payable Check 75.00 250663 03/14/2025 Westside Water Conditioning Accounts Payable Check 256.45 250664 03/14/2025 Luis C. Dinis Utility Billing Check 103 .16
250665, 03/14/2025 Seth Steber Utility Billing Check 96 .00
250666 03/14/2025 Abel Brizuela Jimenez Utility Billing Check 36.79 250667 03/14/2025 Stefanie Foos Utility Billing Check 59 .10
250668 03/14/2025 Anthony Tristan-Rubio Utility Billing Check 59.10 250669 03/14/2025 Sergio Gaytan Utility Billing Check 59.10 250670 03/14/2025 D.R. Horton Utility Billing Check 112.10 250675 03/20/2025 Aflac-Customer Service Accounts Payable Check 186.93 250676 03/20/2025 AFSCME District Council 57 Accounts Payable Check 1,455.25 250677 03/20/2025 Eddie Drum Accounts Payable Check 184.00 250678 03/20/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,612.62 250679 03/20/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,917.00 250680 03/20/2025 Los Banos Police Assn Accounts Payable Check 910.00 250681 03/20/2025 Los Banos Police Assn. Accounts Payable Check 280.00 250682 03/20/2025 Merced County Sheriff Accounts Payable Check 200.00 250683 03/20/2025 MissionSquare Accounts Payable Check 450.00 250684 03/20/2025 MissionSquare Accounts Payable Check 8,250.00 250685 03/20/2025 Nationwide Retirement Solutions Accounts Payable Check 3,731.49 250686 03/20/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.15 250687 03/20/2025 State Disbursement Unit Accounts Payable Check 1,211.00 250704 03/21/2025 Apex Annex Health Center, Inc. Accounts Payable Check 2,498.00 250705, 03/21/2025 Blue shield of California Life & Health Insurance Co. Accounts Payable Check 2,067.94
250706 03/21/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 300.00 250707 03/21/2025 Marcus Chavez Accounts Payable Check 388 .38
250708 03/21/2025 Brent Kuhn Accounts Payable Check 111,190.00 250709 03/21/2025 Brian Laguna Accounts Payable Check 60.00 250710 03/21/2025 Michael Leyva Accounts Payable Check 60.00 8 250711 03/21/2025 Pacheco High School Boys Basketba II Accounts Payable Check 3,000.00
£20712 03/21/2025 Pacheco High School Girls Basketball Accounts Payable Check 3,000.00 250713 03/21/2025 Pacheco High School Volleyball Accounts Payable Check 3,250.00
250714 03/21/2025 Rolfe Construction Inc. Accounts Payable Check 257,166 .14
250715 03/21/2025 Ronny's Inc. Accounts Payable Check 470,606 .45
250716 03/21/2025 US Bank Corp Pymt System Accounts Payable Check 43 ,243.12
250717 03/21/2025 Law Offices of William A Vaughn Accounts Payable Check 7,582.50
250718 03/21/2025 Ninive Villagomez Orozco Accounts Payable Check 2,635.00
250719 03/21/2025 Westamerica Bank
- Cafeteria Plan Accounts Payable Check 105,494.41
250720 03/21/2025 Agee Construction Corporation Accounts Payable Check 23 ,750.00
250721 03/21/2025 Always Rescue Plumbing Inc Accounts Payable Check 2,485 .00
250722 03/21/2025 Anthony Gomes Accounts Payable Check
4,224.34
250723 03/21/2025 AT&T Mobility Accounts Payable Check 782 .83
250724 03/21/2025 AT&T Accounts Payable Check 358.78
250725 03/21/2025 Beacon Athletics LLC Accounts Payable Check 470 .90
250726 03/21/2025 Boot Barn Accounts Payable Check 434
.67
250727 03/21/2025 Bruce's Tire Inc Accounts Payable Check 158 .73
250728 03/21/2025 BSK Associates Accounts Payable Check 1,697.78
2507~ 03/21/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 676 .50
250730 03/21/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 2,590.72
250731 03/21/2025 Central Sanitary Supply, LLC Accounts Payable Check 187 .17
250732 03/21/2025 Comcast Accounts Payable Check 620
.79
250733 03/21/2025 Copy Shipping Solutions Accounts Payable Check 533.94 250734 03/21/2025 CSFA Accounts Payable Check 680.00
250735 03/21/2025 CSG Consultants Inc. Accounts Payable Check 6,877.50
250736 03/21/2025 Casey Curtin Accounts Payable Check 75,736 .27
250737 03/21/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59
250738 03/21/2025 Dos Palos Publishing Company Accounts Payable Check 270.00 250739 03/21/2025 Dept of Transportation Accounts Payable Check 10,106.14 250740 03/21/2025 DR Horton Accounts Payable Check 5,028 .71
250741 03/21/2025 Edges Electrical Group, LLC Accounts Payable Check 13,933 .19
250742 03/21/2025 Engineering Unlimited Inc Accounts Payable Check 1,367.42 250743 03/21/2025 Fastenal Company Accounts Payable Check 168.82 250744 03/21/2025 Fast Track Car Wash Accounts Payable Check 10 .50
250745 03/21/2025 Federal Express Corporation Accounts Payable Check 59.09 250746 03/21/2025 Foster & Foster Consulting Actuaries, Inc. Accounts Payable Check 15 ,250.00
250747 03/21/2025 Granite Construction Inc Accounts Payable Check 2,472.23 250748 03/21/2025 Holt of California Accounts Payable Check 253 .96
250749 03/21/2025 J.J.R. Enterprises Inc. Accounts Payable Check 2,917 .57
250750 03/21/2025 Krazan & Associates Accounts Payable Check 1,569.75
250751 03/21/2025 Language Line Services Accounts Payable Check
4.70 250752 03/21/2025 Los Banos Unified School District Accounts Payable Check 2,107.00
250753 03/21/2025 Los Banos Veterinary Services Accounts Payable Check 4,536.29
250754 03/21/2025 Lucas Business Systems Accounts Payable Check 225.50 250755 03/21/2025 Marfab Inc Accounts Payable Check 37.20 250756 03/21/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 250757 03/21/2025 McNamara Sports Inc Accounts Payable Check 1,151.83
250758 03/21/2025 Merced Truck & Trailer Inc Accounts Payable Check 522 .53
250759 03/21/2025 Miracle Playsystems, Inc. Accounts Payable Check 5,729.04 250760 03/21/2025 Mission Merced Incorporated Accounts Payable Check 13,439 .72
250761 03/21/2025 Merced County As
sociation of Government Accounts Payable Check 100.00
250762 03/21/2025 Napa Auto Parts of Los Banos Accounts Payable Check 147.86 250763 03/21/2025 O'Reilly Auto Parts Accounts Payable Check 873 .73
250764 03/21/2025 PG&E Company Accounts Payable Check 92.41 250765 03/21/2025 Pace Supply Corp. Accounts Payable Check 742.04 250766 03/21/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 31 ,986.92
250767 03/21/2025 Purchase Power Inc Accounts Payable Check
3.29 J50768 03/21/2025 Protech Security & Electronics, Inc. Accounts Payable Check 366.00 9 250769 03/21/2025 Riggs Ambulance Service Accounts Payable Check 855.00 250770 03/21/2025 SJVAPCD Accounts Payable Check 577.00 250771 03/21/2025 Save Mart Supermarkets Accounts Payable Check 72.75 250772 03/21/2025 Sherwin Williams Co Accounts Payable Check 69.78 250773 03/21/2025 Sorensens True Value Accounts Payable Check 1,212.98 250774 03/21/2025 Edith Salinas Accounts Payable Check 350.00 250775 03/21/2025 Cheyenne Sanchez Accounts Payable Check 600.00 250776 03/21/2025 Summers Engineering Accounts Payable Check 500.00 250777 03/21/2025 The Don Chapin Co., Inc. Accounts Payable Check 1,102.61 250778 03/21/2025 The Heil CO Accounts Payable Check 238.00 250779 03/21/2025 Uline, Inc. Accounts Payable Check 461.50 250780 03/21/2025 Vanir Construction Management, Inc. Accounts Payable Check 65,524.71 250781 03/21/2025 Verizon Wireless Accounts Payable Check 1,017.77 250782 03/21/2025 Westside Water Conditioning Accounts Payable Check 193.50 250783 03/21/2025 Williams Scotsman, Inc. Accounts Payable Check 11,618.85 250784 03/21/2025 Willdan Engineering Accounts Payable Check 17,706.00 250785 03/21/2025 Windecker Inc Accounts Payable Check 6,377.27 250786 03/21/2025 Jun Chen Utility Billing Check 69.17
J50787 03/21/2025 Julio M. Orozco Utility Billing Check 72.51 250788 03/21/2025 Maria & Manuel Silviera Utility Billing Check 79.23 250789 03/21/2025 Maria Pedraza de Avalos Utility Billing Check 79.23 250790 03/21/2025 Yuba Shao Utility Billing Check 79.23 250791 03/21/2025 Westhill Property Mgmt Utility Billing Check 20.01 250792 03/21/2025 Brianne Little Utility Billing Check 28.90 250793 03/21/2025 MHP Builders Inc Utility Billing Check 162.70 250794 03/21/2025 MHP Builders Inc Utility Billing Check 160.26 25079S 03/21/2025 D.R. Horton Utility Billing Check 154.63 2S0796 03/21/2025 Angel I. Ochoa Utility Billing Check 89.21 250797 03/21/2025 Xiaoqing Chen Utility Billing Check 89.51 250798 03/21/2025 Jesus Gomez Ill Utility Billing Check 99.60 250799 03/21/2025 Jeramiah Page Utility Billing Check 38.62 250800 03/21/2025 Jeannie Grimsrud Utility Billing Check 96.00 250801 03/21/2025 Maria Carmen Martinez Utility Billing Check 149.79 250802 03/21/2025 John & Krista Larragoitiy Utility Billing Check 106.76 250803 03/21/2025 Vilma lquin Utility Billing Check 125.88 250804 03/21/2025 Borelli Real Estate Utility Billing Check 103.55 250805 03/21/2025 Sandra Guzman Utility Billing Check 106.76 250806 03/21/2025 Juan Cruz Perez Utility Billing Check 42.21 250807 03/21/2025 Beronica Ruiz de la Torre Utility Billing Check 105.76 250808 03/21/2025 MHP Builders Inc Utility Billing Check 25.14 250809 03/21/2025 Westhill Real Estate Utility Billing Check 49.03 250810 03/21/2025 Pravin Lal Utility Billing Check 96.00 250811 03/21/2025 D.R. Horton Utility Billing Check 29.56 250812 03/21/2025 D.R. Horton Utility Billing Check 176.43 250813 03/21/2025 D.R. Horton Utility Billing Check 29.56 250814 03/21/2025 D.R. Horton Utility Billing Check 29.56 250815 03/21/2025 D.R. Horton Utility Billing Check 29.56 250816 03/21/2025 D.R. Horton Utility Billing Check 29.56 250817 03/26/2025 Rex J. Osborn Accounts Payable Check 3,500.00 Break in check sequence due to the following: Payment Type Check #250582 (Payroll) Regular Checks 214 1,661,441.51 Check #250652 (Manual Void) Manual Voids 17
Check #250671 - #250674 (Payroll) Voided Checks 0
Check #250688 - #250703 (Manual Void) 1,661,441.51
10 ,LOsBanos
t tli <f C,difornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson P.E., Public Works Director/City E DATE: April 2, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Quail Meadows at Stonecreek The Villages V, Phase 2 Unit 2
Recommendation:
That the City Council adopts the Resolution accepting Public Improvements for Quail Meadows at Stonecreek The Villages V, Phase 2 Unit 2.
Background:
The Tentative Tract Map No. 2021-01 was approved by the City of Los Banos Planning Commission on December 08, 2021 by Resolution No. 2021-16. In April 2022, the Public Works staff was contacted by, Lodi Development, Inc., a California Corporation, for Final Map approval. The Final Map was recorded along with a Development Agreement was drafted between Anderson Homes and the City of Los Banos. In this document and in Resolution No. 2005-10 the Vesting Tentative Tract Map No. 2004-00 was also referenced as Vesting Tentative Tract Map No. 2005-05. The agreement was recorded with Merced County on June 28, 2005. An amendment to the 2005 Development Agreement was submitted in May 2015 and recorded with Merced County on July 13, 2015. In November 2020, the Public Works Staff was contacted by the developer, Anderson Homes, for Final Map approval on Final Tract Map No. 2005-05 Southbrook at Stonecreek at Los Banos, The Final Map was recorded along with a Development Agreement was drafted between Anderson Homes and the City of Los Banos with Merced County by Resolution No. 6860 on December 13, 2024. In October 2020, the developer ITEM 7B
11 Works for the approval of Improvement Plans for Quail Meadows at Stonecreek The Villages V, Phase 2, Unit 2. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer.
During construction and upon completion, the site was inspected and deemed substantially complete by the City. In February 2025, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Stonecreek The Villages V, Phase 2 Unit 2.
Discussion:
The subject is generally located within the area bounded by Travertine Way to the north, Pioneer Road to the south, Ortigalita Road to the east, and future Limestone Boulevard extension to the west, more specifically identified as APN 430-060-019.The applicant is Anderson Homes, a California Corporation. The map consists 29 single family lots on
6.03.± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2004-00 also known as Vesting Tentative Tract Map No. 2005-05 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.
Fiscal Impact:
All public improvements for Southbrook at Stonecreek The Villages V, Phase 2 Unit 2 have been completed by the Developer. A Maintenance Bond in the amount of $205,680.00 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Attachments:
Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
- Brent Kuhn, Finance Department
12 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING PUBLIC
IMPROVEMENTS FOR QUAIL MEADOWS, THE
VILLAGES V PHASE 2, UNIT 2.
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Quail Meadows, Villages V Phase 2, Unit 2 that public Improvements for Quail Meadows, Villages V Phase 2, Unit 2 be accepted by the City of Los Banos; and,
WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the Public Improvements of Quail Meadows, The Villages V Phase 2, Unit 2 are in a position to be accepted by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that is does hereby accept the Public Improvements Quail Meadows, The Villages V Phase 2, Unit 2 as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 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
13 N
14 RECORDED FINAL MAP: Villages V Phase 2, Unit 2
OWNER'S STATEMENT
WE.THE~.OOH9lElrf8TATE™-TWEME11-E0Wt'ERSOft11A.YEEIOWAGft',tm.EQJI NT'liAE8T' 94 AHO TO fl IC ACAL Pn0PCAlY N0U.l0CI) ~ ~ ~ ttc)WN ON ltCIMP, THAT WE ME nE CN.V PfASONS'MtCSE CCNEff IS NECESSARY TO PMS CUMTITLE TOStlD .. AL PROPERTY: NC> THAT WE HERESY CCINEM1' TO TIE llWCJNQ AND AECOADMI OIF Ml) MAP~ 9lllOM8KlN AS 8HONN WfflrilN THE omnNr;11VE BOA DER Lt.IE. 1ME.REALPAOPSIT'l"0Esc1WEDIElDWIBoeot0A1Et>WFEE:FORl"\BJCPUAP08(9:
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THE ArAl "'°""'VOUCRafOIIFI DWB l'A>ICATR)ASAH l.~~ Pia.JC~&·
1. AJDrrt,Dct..1J!IW EA9811ENT°TO~ CffYOF L01 IWl:JS.1TJQfTWUIWff'H~ MlHT TO CCHffltUCf, ~T. MPMI l«J tMHT-. "Ot.E&. W1Mt. c;MM.ta. ,...,_ MD C0fCKffl AND,,_ ~SUPON. ovut ~ \.NEfl nE STN'S 0, LM«J Al SHOWH OH THIS ,...._...,...._lSJAS .... U.£.'jl>\8,c lfflUTY-.
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WE ALSO AEUrOJl!H TOllE CrTYOF L06&AHOS Mi ACCE.aa RDffB CiF l.018 n ~ 112 M.ON3 CATIEfllNE ~ ICU.EV.trim MO~ LAHE.. atOWN AS ~ Cit THIS FJlfA MAP. <MIEAII:
ANDEIISCW HOll(I.ACAIJRllNO COAPOAATIOII
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TRUSTEE'S STATEM__E_NT FIAST __,. TIil£. A -COFPOIIA'11011,ASTAIJSTEE.lHlEA THEllEl!lOFffll.ST AE.COfl)!D M.AYS, lm4.AB OIXLMNT l&A&A 2024-010339, CA1CW. A1COAD1i CF MD10ED COlM'I.
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NOTARY STATEMENT (OWNER)
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0N .... l'l.1»!'j __ lE,_l;f1\!!!, M.1etrl>tt4 ·--....... ~.- ~-.~ ¥Itta MOVED TO MIE C». THE M&IS OF UTISFACTOAY E'WOBCE TO IElttE ~WHOSE $15o:==
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WITNESS 11¥ HAN>,
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TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V • PHASE 2. UNIT 2
BEING A SUBDIVISION OF PARCEL L OF lRACT NO. 2021,()1,
VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF
SECTION 21, T. 10 S .. R. 10 E., llD.UM.
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IHEf&Y'ITATElKlTIHAWE~DTMIFIW.IMl'Oll'"'IMCTM:t2021~1.
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I-ITAtET>tATt-~'!MaAlll-Of'"TIIACTNO:lm1<11,_
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CITY CLERK'S STATEMENT:
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15 NOTARY STATEMENT USTEE
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TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V - PHASE 2, UNIT 2
BEING A SU!OMS10N OF PARCEL L OF fflACT NO. 2021.01,
VOI.IME 1111 OP, PAGES 21-33, L¥1NG IN A PORTION OF
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16 SIONATURE OMISSIONS: MONUMENT NOTES
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STONECREEK AT LOS BANOS
THE VILLAGES V • PHASE 2, UNIT 2
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TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VIUAGES V • PHASE 2, UNIT 2
BEING A SUBDIVISION OF PARCEL l OF 'IRACT NO. 2021-01,
VOLUME 18 OP,PAGU28·3:l,LWIGINAPORTIONOF
SEC'llON 21, T. 10 S., R. 10 E. M.D.B.IM.
CITY~ LOii BANOS
ISICEDCOllll1Y.~
NOVEMBER 20lN
□• ELL
EN G 1NEER1NG
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LEGEND AND ABBREVIATIONS
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VOL K'f.'. , PAGE 20 SHEET 4 OF 7
18 MONUMENT NOTES ®
o SETW124"'RJrl l"PEWIPUSTI: PUJB"l'I.B71WRltl.WA\lm .....-.S Oft 1.1T MASS 0l!IK ST#IIIP!D ~ 17W !'al~ NWA.,, /~ .. ....:=:"· =me- I ~ \ 47 TRACT NO: 2021-01
STONECREEK AT LOS BANOS @) THE VILLAGES V • PHASE 2, UNIT 2 SETJ.!f"•Z4•1FOf"'£WtP\MTCPUIQ"PLSTl'tlf'lrilWELL. • 6E.T3.0IJ'MnES!ICOINR.lN.5cmEMU: NOffD,MEASUE> AlONOlDTLNl.~l-CflPE~TO~ CfHTBIM' AS MJftD. Wi; 2"' R:IN Pft' W/PUSTlC fllJ.IG "R.S 77W, • RUIJ3.JIJWfflESl~INBl!CffitERWISEMJT'ED,W.l&Wl)
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VOI.IJME NOP, PAQES28--33,L'IINOINAPOATIONOF
SECTION21. T. 10S. R. 10 E.. M.D.8.IM.
CITY OF LOS IWIOS --·- NOYEMBeRl!V24
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TRACT NO: 2021-01
STONECREEKATLOSBANOS
THE VILLAGES V - PHASE 2, UNIT 2
BEING A SU80MSKlN Of PARCELL OF TRACT NO. 2021-(11,
VOLUME III OP, PAQE6-, lVING IN A PORTION OF
SECTDl21, T.10S., R.10 E .. M.D.B.IM.
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CITY OF LOS~
IIERCS)OOJIIN, - NC>VBEE/12024
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TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V • PHASE 2, UNIT 2
BEING A suaitVISIOII OF PMICB. L OF TRACT NO. 2021•01.
va.UME 86 OP, PAGES a.33 . LYING IN A l'0RTlON OF
SECTION 21, T.10 S., R.10E., M.D.B.&M.
art OF LCSIIN«lS loEACEDOOlMY.~ ~RtoN
□ ... -ELL
EN 01 NEEfll Nu
,,u._.o.t..aa.A
-CAPltZll.571.1115 ~
VOL _ff.. PAGE~ SHEET 7 OF 7
21 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
Recorded in Olllt:1.111 R1Cord1, MERCID COUNTY
MATTH.MAY
Merced County Clerk - Recorder
P Public
Dcot. 2024029606
Hlllllllllllj 11
tSR000061B,2 8 •
S ce above this line for Recorder's use.
12/13/2024
08:59 AM
RE20
Titles: 1 Pa;es: 11
Fees NO FEE
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 4th day of December, 2024, between ANDERSON HOMES, a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No 2021-01 Stonecreek at Los Banos, The Villages V Phase 2, Unit 2, comprised of66 lots on l 3.39±acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos \.funicipal 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 Subdivision Improvement A~ment FM#2021-0l
TiiE VILLAGES V PHASE 2, UNIT 2
22 and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. (Q8'(p 0. to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2021-01.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
SUBDMSION AGREEMENT.
1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the I 51 day of November 2026, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER($) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit •• A") all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accoro with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
XQI-A-kIMPRQVEMENTS:
l. SITE PREPARATION $ 50,865.00
2. WATER $ 481,300.00
3. SANITARY SEWER $ 349,150.00
4. STORM DRACNAGE $ 353,950.00
5. CONCRETE $ 358,500.00
6. PAVING $ 385,900.00
7. ELECTROLIERS $ 64,000.00
8. MISCELLANEOUS l j 3J.35.ilil
TOTAL $ 2,056,800.00
Subdivision Improvement Agreement 2 FM#2021-0l
1lIE VILLAGES V PHASE 2, Ul\1T 2
23 REM~IW!Si:i rMPBQllMt;lll~:
1. SITE PREPARATION $ -0-
2. WATER $ -0-
3. SANITARY SEWER $ -0-
4. STORM DRAINAGE $ -0-
5. CONCRETE $ 54,402.50
6. PAVING $ -0-
7. ELECTROLIERS $ 64,000.00
8. MISCELLANEOUS ~ 13,135.00
TOTAL $ 131,537.50
2. The DEVELOPER{S) shall furnish bonding or other fonns of security for the estimated cost of the remaining improvements, agreed to by the CITY for Perfonnance at I 00%, $131,537.50 and Labor and Materials at 50%, $65,768.75 and prior to the release of other security, for Warranty and Guarantee at 10% of total improvements in the amount of $205,680.00 In addition, the DEVELOPER(S) shall provide a bond or other fonn of security in the amount of $3,500.00 for survey monuments, §66496 per of the Government Code.
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMEKT less any amount previously paid and not to exclude pending invoices from outside consulting firms.
FINAL MAP REVIEW
Charges for Final Map Review
Less: Deposit for Map Review (Rec# 01726480)
SUB-TOTAL
Less: Deposit for Map Review (Rec#R001442l0)
TOTAL
$
$
5_
$
11,097.63
(2,000.00)
11 ,027.63
(9,097.63)
$ -0-
4. Jn accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for Sl,056,800.00 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.
5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Subdivision Improvement Agreement 3 FM#2021-01
11iE VILLAGES V PHASE 2, UNIT 2
24 Tentative Tract Map 2021-01 . All public improvements and uti]ities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.
9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural pennits 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 CJTY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be perfonned under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the Subdivision Improvement Agreement 4 FM#2021-0l
nIE VILLAGES V PHASE 2, Ul\1T 2
25 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 CTTY. The DEVELOPER(S) shall be responsible for all costs incwred 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, finn, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY hannless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the perfonnance 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 perfonnance 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 pennits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision,
15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall Subdivision Improvement Agrc:c:ment 5 FM #2021-0 l
THE VILLAGES V PHASE 2, UNIT 2
26 have the right to reject any or alJ of the work to be perfonned under this AGREEMENT if such work does not confonn 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 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
16. DEVELOPER(S) shall provide for adequate erosion control as detennined 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 perfonned on said work for a period of one (I) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Cpon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Buih" 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 !hat DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those Subdivision Improvement Agreement 6 FM#2021-01
THE VILLAGES V PHASE 2, L"NIT 2
27 of independent contractors.
20. That the applicant furnishes the CJTY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of pennits.
21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map 2021-01 prior to acceptance of public improvements or final of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
13. 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 constnlction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map 2012-01, 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 Subdivision Improvement Agreement
ATTEST:
{..:..A-.4
Lucille L. Mallonee,
-I. ~ City Clerk
City of Los Banos
7 FM#2021-01
THE VILLAGES V PHASE 2. lr.lJJT 2
Sienatures need to be notarized. Attach a Notary AcknowledgemenL 28 AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
[Signature Page Follows]
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A nolary pub6c or olhet officer completing this cettificate verifes only the identity of the Individual wflo signed the docume,il to which this cenificate IS attached, and not1he truthfulness. accuracy. or validity of Iha! documeot.
State of Califor:'\ia }
County of $tin ea, j to
On t:,lp-ronl'.tr l'lf, up~ before me, ....,;t:_N"'"'fiv'----'-N_ ..... 1j_c,m....,.c__,yt-=~ ..... N ... M....a..;. ......... ..;..t\l...a.b_li....;;.e,~ Date ,. I Here tnsen Name and Title of the Officer personally appeared -----'-~-=-· .,_V).;.;g., ""-..,;l'l :...:...;l\.;.:.:.,~'-- \ 11_V1 _ _____ ________ _ Name/«) of Signer(~
who proved to me on the basis of satisfactory evidence~o e the person'81' whose name~!IN!"subscribed to the within Instrument and acknowled~ to me that sh /t'ffl!V executed the same In~ authorized capacity~ and that by~ signature on the Instrument the perso"'8T, or the entity upon behalf of which the person(8f'acted. executed the instrument. fRYKA N. TEMORES
NO¥~~UWJ~~ In SANSEWIOCO!.INIY - ~r C..w. EIP. AUo 14, 2026 I certify under PENAL TY OF PERJURY uncer the
laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my hand and official seal.
Place Norary Seo/ andior Stamp Abc\11!
Signature _It.A~ Ju:~~_
~naturero,y Public
OPTIONAL
Completing lhis information con deter olterotlon of the documenr or fraudulent reattachment of this form ro an unintended dowment.
Description of Attached Documo,nt_ . .
Tttle or Tvpe of Document: SvbJ11/CSIOVI I,npltlytr!)tyt,f- ~ytr/yl! ni: Document Date· Pctem\!tr 1n, / 2t,2,<f Number of Pages:_..,;"1~_ Slgner(s}OtherThanNamedAbove: IAicl)gd ~k?ilc." Lue,ilk. L· V1,d\011cc., Cepncity(io,s) Claimed by Signer(s)
Si9ner's Name: ~~~ ~lol!tLI\
Gl"Corporate Off)c F riC:Ci i>iciatiiE □ Partner - o Llmaed □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other.
Signer is Represenlinn· Ayv,10,W H1>n:)r.5
88 02019 Natio,al Notary Association
Signer's Name: ------ ..,..~--- □ Corporate Officer - Tltlels~):,_. _ ___ _ _ □ Partner - □ Limited eneral
D Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator
D Other.,.. , ___ __________ _
SI ,s Representing: ____ ____ _
88881W la:&%
29 ACKNOWLEDGMENT
A notary public or other officer completing ftiis
certificate verifies only the identity of the individual who signed the document to which this certfficate is
attached, and not the truthfulness, accuracy. or
validltv of 1hat document.
State County of California Merced of __________ _,)
on DecemberlO,2024 before me, Sara Blevins, Notary Public (insert name and title of the officer)
personally appeared ,2!_1ch_ 1a_e...., 1Am_ a~bi~·1 _e __ ~-------------- who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) islare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by hislherttheir signature(&) 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
(Seal)
30 Exhibit "A"
ei•l=ill OPINION OF PROBABLE COST ENG l NE-E-RlNG
Project name: Villages V • Phase 2 - 66 Residential Lots Los Banos, CA Project progress stage: Design 11113/2024
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING AC 13.3 $600.00 $7,960.00
2 GRADING/EARTHWORK CY 12,300 $3.00 $36,900.00
3 EROSION CONTROL AC 13.3 $450.00 $5,985.00
SUB-TOTAL $50,865.00
B. WATER
1 1 O" WATER MAIN LF 2,960 $69.00 $204,240.00
2 10" GATE VALVE EA 17 $2,900.00 $49,300.00
3 12'' WATER MAIN LF 60 $81.00 $4,860.00
4 12'' GATE VALVE EA 1 $3,500.00 $3,500.00
5 WATER LATERAL EA 66 $1,900.00 $125,400.00
6 HYDRANT, BURY & GATE VALVE EA 9 $10,000.00 $90,000.00 7 CONNECT TO EXISTING WATER EA 1 $4 000.00 $4,000.00
SUB-TOTAL $481,300.00
C. SANITARY SEWER
1 6" SEWER MAIN LF 985 $50.00 $49,250.00
2 8" SEWER MAIN LF 1,245 $60.00 $74,700.00
3 10" SE\AfcR MAIN LF 540 $70.00 $37,800.00
4 18" SE\AfcR MAIN LF 70 $95.00 $6,650.00
5 STD. SE\AfcR MANHOLE EA 13 $3,700.00 $48,100.00
6 4" STD. LATERAL EA 66 $2,000.00 $132,000.00
7 CONNECT TO EX. SEWER MAIN EA 1 $650.00 $650.00
SUB-TOTAL $349, 150.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 415 $60.00 $24,900.00
2 15" STORM DRAIN LF 440 $65.00 $28,600.00
3 18" STORM DRAIN LF 685 $75.00 $51,375.00
4 30" STORM DRAIN LF 535 $95.00 $50,825.00
5 36" STORM DRAIN LF 75 $110.00 $8,250.00
6 STD.MANHOLE EA 8 $4,000.00 $32,000.00
7 CATCH BASIN EA 10 $3,700.00 $37,000.00
8 CCID INLET EA 3 $40,000.00 $120,000.00
9 CONNECT TO EX. STORM DRAIN EA 2 $500.00 $1 000.00
SUB-TOTAL $353,950.00
E. CONCRETE
1 5" ROLLED CURB & GUTTER LF 235 $22.00 $5,170.00
2 6" VERTICAL CURB & GUTTER (INCL RETURNS) LF 5,220 $26.00 $135,720.00 3 6" CONCRETE (INCL. RAMPS & RETURNS) SF 27,560 $6.00 $165,360.00 4 ADA RAMPS LABOR ONLY EA 13 $500.00 $6,500.00
5 DRIVEWAYS EA 61 $750.00 $45 750.00
SUB-TOTAL $358,500.00
F. PAVING
2.5" AC OVER 10.5" AB SF 85 000 $4.54 $385,900.00
SUB-TOTAL $385,900.00
G. ELECTROLIERS
1 25' DECORATIVE STREETLIGHT EA 9 $6,500.00 $58,500.00
2 30' ELECTROLI ER EA 1 $5 500.00 $5,500.00
SUB-TOTAL $64,000.00
H. MISCELLANEOUS
3 MONUMENT WELLS EA 14 $400.00 $5,600.00
4 SIGNAGE EA 7 $350.00 $2,450.00
5 STOP AND STOP BAR STRIPING EA 6 $375.00 $2,250.00
6 BARRIER LF 105 $27.00 $2,835.00
SUB-TOTAL $13,135.00
Civil Construction Total $2,056,800.00
10% CONTINGENCY $205,680.00
GRAND TOTAL $2,262,480.00
Notes:
1, This estimate does not include surveying, engineering, landscaping, street trees, or irrigation.
2. This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated with the utility poles.
3. This estimate does not include cost for irrigation ditch removal, relocation, or pipe lining.
4. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthworl<.
5, Items not included as part of this estimate.
A Existing Irrigation Facility Demolition
B. Permits
C. Utility Fees
D. City Fees, Bond Fees
E. Engineering/Design Fees
F. Soils Engineering Cost
G. Power Pole Relocation
H. Construction Surveying
I. Landscaping Fees
J. Easement Acquisitions
K. Joint Trench (Dry Utilities)
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal
0. Mail Boxes
o/oComelete
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
75%
75%
75%
100%
0%
0%
0%
0%
0%
0%
100% 50%PAYMENT 10% WARRANTY
PERFORMANCE SECURITY LABOR & SECURITY
sa:11a1J:z: WilEEIUU
$0.00 $0.00 $798.00
$0.00 $0.00 $3,690.00
$0.00 $0.00 $598.50
$0.00 $0.00 $5,086.50
$0.00 $0.00 $20,424.00
$0.00 $0.00 $4,930.00
$0.00 $0.00 $486.00
$0.00 $0.00 $350.00
$0.00 $0.00 $12,540.00
$0.00 $0.00 $9,000.00
$0.00 $0.00 $400.00
$0.00 $0.00 $48,130.00
$0.00 $0.00 $4,925.00
$0.00 $0.00 $7,470.00
$0.00 $0.00 $3,760.00
$0.00 $0.00 $665.00
$0.00 $0.00 $4,810.00
$0.00 $0.00 $13,200.00
$0.00 $0.00 $65.00
$0.00 $0.00 $34,915.00
$0.00 $0.00 $2,490.00
$0.00 $0.00 $2,860.00
$0.00 $0.00 $5,137.50
$0.00 $0.00 $5,082.50
$0.00 $0.00 $825.00
$0.00 $0.00 $3,200.00
$0.00 $0.00 $3,700.00
$0.00 $0.00 $12,000.00
$0.00 $0.00 $100.00
$0.00 $0.00 $35,395.00
$0.00 $0.00 $517.00
$0.00 $0.00 $13,572.00
$41,340.00 $20,670.00 $16,536.00
$1,625.00 $812.50 $650.00
$11,437.50 $5,718.75 $4,575.00
$54,402.50 $27,201.25 $35,850.00
$0.00 $0.00 $38 590.00
$0.00 $0.00 $38,590.00
$58,500.00 $29,250.00 $5,850.00
$5 500.00 $2,750.00 $550.00
$64,000.00 $32,000.00 $6,400.00
$5,600.00 $2,800.00 $560.00
$2,450.00 $1,225.00 $245.00
$2,250.00 $1 ,125.00 $225.00
$2,835.00 $1,417.50 $283.50
$13,135.00 $6,567.50 $1,313.50
$131,537.50 $65,768.75 $205,680.00
p:209.571.1765 I f:209.571.2466 Probable Cost Estimate
Modesto Office: 1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com O'Dell Engineering 31 EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2021-01 -
QUAIL MEADOWS VILLAGES AT STONECREEK V
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map.
2. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a Community Facilities District created for the purposes of funding public safety, as authorized by Government Code Section 53313( a) and (b ). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.
3. Prior to approval of any Final Map, the Developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution.
The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.
4. The project shall be subject to and the Developer shall pay development impact fees enacted by the City, including scheduled or periodic increases as provided for in the adopting ordinance or resolutions in effect at the time of the Developer's request for the issuance of a building permit and/or as included in the Subdivision Improvement Agreement.
6 32
5. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.
6. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code.
7. All development shall be consistent with the Vesting Tentative Tract Map #2021-01 and approved Final Development Plan #2021-01, reflecting any amendments added during approval.
8. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
9. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
10. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
11. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.
12. A Final Map Guarantee shall be prepared and provided to the County Recorder.
13. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.
14. Developer shall include a Public Utility Easement of ten ( 10) feet along all road frontages.
15. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.
16. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2021-01.
7 33
17. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: "The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."
18. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.
19. On-site improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.
20. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department. The developer shall enter into a subdivision improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.
21. The project is subject to the appropriate Development Impact Fees as established by the City.
22. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.
23. 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.
24. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.
25. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.
26. Building permits will be issued in accordance with City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.
8 34
27. 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.
28. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer.
29. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
30. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls. 31 . Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.
32. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
33. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:
If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
34. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.S(e):
9 35
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Pre-Construction and Construction
32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than 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 Director.
33. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department in areas where residential units are under construction.
34. Temporary construction trailers shall be permitted only in areas immediately adjacent to or within that portion of the subdivision where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.
10 36
35. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.
36. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.
37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water 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 performed on the project shall comply with the requirements of the State Business and Professions Code.
39. Construction shall be limited to those times allowed by City Ordinance:
Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.
These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing installed in accordance with the American Society for Testing and Materials standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
11 37
g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
41 . Where standard 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 except for the masonry wall along the Pacheco/ Pioneer Connector Road.
44. The developer shall install a decorative masonry wall along the eastern right-of-way of the Pacheco/Pioneer Connector as approved by the Community and Economic Development Director and Public Works Director.
Air Quality:
45. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
46. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.
47. Natural gas line and electrical outlets shall be included in the backyard or patio areas of residences to encourage the use of gas and/or electric barbecues.
48. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.
49. Only low emitting, EPA approved fireplace inserts and/or wood stoves or natural gas fireplaces shall be installed. No open hearth fireplaces shall be allowed.
50. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District.
Developer shall prepare an air emissions reduction if required. 12 38
Access and Circulation:
51. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF).
52. Half-street sections will not be permitted in the construction of VTTM #2021-
01. 53. All 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.
54. 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.
55. Improvements to arterials and collector streets shall be completed prior to occupancy of any use within each phase as shown on the improvement plans, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.
56. 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.
57. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City and/or Caltrans standards.
58. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
59. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
60. Prior to Final Map approval, the developer shall have a Traffic Engineer design traffic calming measures throughout the project area to be approved by the Public Works Director/City Engineer. Traffic calming measures may include, but are not limited to, raised intersections, stop signs, varied cross sections, solar speed limit radars, and roundabouts to be installed by the developer.
13 39
Utilities:
Water:
61. The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan review stage.
62. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
63. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
64. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
65. 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.
66. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare into oncoming traffic. Streetlight locations shall be shown on Improvement Plans.
Developer shall utilize decorative streetlights, as approved in Final Development Plan, meeting the illumination standards required in the City street light standards, except that cobra-head streetlights shall be used on arterial streets.
67. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
68. Approved backflow devices shall be installed as required.
69. Domestic water services shall not be placed in driveways.
70. Prior to recordation of a Final Map, certification shall be obtained by the Central California Irrigation District that the property has been detached from CCID, or that remaining CCID lines will be intact or rerouted to the satisfaction of CCID.
14 40
Sewer:
71 . 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.
72. 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:
73. Final Improvement Plans for the storm drainage system shall utilize the TR55 analysis method. 7 4. All development shall comply with the Phase 11 storm water regulations.
75. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
76. 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.
Public Safety:
77. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
78. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards.
79. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
80. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
81 . 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.
15 41
82. Fire hydrants (or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. 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.
83. Street names shall be approved by the Fire Department.
84. Driveway approaches, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.
85. Upon completion and approval of the project plans, developer shall submit an electronic file, via email or file sharing service (i.e. Dropbox) to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
86. In accordance with the Stonecreek Area Plan and the Stonecreek Area Plan EIR, developer shall dedicate Lot Bas shown on the Vesting Tentative Tract Map (VTTM #2021-01 ), consisting of 1.4 acres, to the City of Los Banos to be used for Fire Station #4, which will be constructed by the City of Los Banos. The parties shall take all reasonable and necessary steps and actions to satisfy this condition within a reasonable time after the approval of the Vesting Tentative Tract Map (VTTM #2021-01) and Development Agreement. The dedication shall be completed with the recording of the final map for the phase containing Lot B.
Landscaping:
87. 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.
88. Draught tolerant planting may replace front yard turf as approved by the Community and Economic Development Department and Public Works Department.
89. The developer shall comply with the adopted street tree ordinance.
90. Masonry walls shall be landscaped with vines to discourage graffiti.
91. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
92. Landscape plans for single-family residences shall utilize drought tolerant 16 42
Parks:
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.
93. Landscape plans shall be designed in accordance with any adopted revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and/or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.
94. The developer shall provide an Irrevocable Offer of Dedication (IOD) for Lot Fas shown on the Vesting Tentative Map (VTTM #2021-01 ), consisting of 10,836 square feet for future development of a neighborhood park.
95. A Park Dedication and Parks and Recreation Impact Fee shall be paid with each building permit for the development of new recreational facilities in Los Banos.
Notice: This approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government code sections 66000 et seq.) This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act. 17 43
c-8•1#199 OPINION OF PROBABLE COST t:: t"1 r.;; 1 ,-"'r:-zr-=t• N("'i Project name: Villages VII - Phase 3 - 108 Residential Lots & 5 Parcels Los Banos, CA Project progress stage: Design 8/19/2024
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING LS 1 $40,000.00 $40,000.00
2 GRADING/EARTHWORK CY 16,735 $3.00 $50,205.00
3 EROSION CONTROL LS 1 $25,000.00 i25,000.00
SUB-TOTAL $115,205.00
B.WATER
8" WATER MAIN LF 776 $30.00 $23,280.00
2 B"GATEVALVE EA 3 $1,500.00 $4,500.00
3 10" WATER MAIN LF 3010 $50.00 $150,500.00
4 10" GATE VALVE EA 15 $2,500.00 $37,500.00
5 12" WATER MAIN LF 712 $70.00 $49,840.00
6 12" GATE VALVE EA 4 $3,500.00 $14,000.00
7 WATER LATERAL EA 112 $1,500.00 $168,000.00
8 HYDRANT, BURY & GATE VALVE EA 9 $6,500.00 $58,500.00
9 TEMPORARY BLOW-OFF VALVE EA 5 $2,500.00 $12,500.00
10 AIR RELEASE VALVE EA 2 $3,000.00 $6,000.00
11 CONNECT TO EXISTING WATER EA 2 $1 500.00 $3 000.00
SUB-TOTAL $527,620.00
C. SANITARY SEWER
1 8" SEWER MAIN LF 4,542 $50.00 $227,100.00
2 STD. SEWER MANHOLE EA 21 $3,800.00 $79,800.00
3 4" STD. LATERAL EA 112 $1,200.00 $134,400.00
4 CONNECT TO EX. SEWER MAIN EA 1 $1 000.00 $1 000.00
SUB-TOTAL $442,300.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 604 $40.00 $24,160.00
2 15" STORM DRAIN LF 2,085 $45.00 $93,825.00
3 18" STORM DRAIN LF 309 $47.00 $14,523.00
4 STD. MANHOLE EA 11 $4,000.00 $44,000.00
5 CATCH BASIN EA 20 $2,700.00 $54,000.00
6 CONNECT TO EX. STORM DRAIN EA 1 $1 ,000.00 i1 .ooo.oo SUB-TOTAL $231,508.00
E.CONCRETE
1 5" ROLLED CURB & GUTTER LF 729 $25.00 $18,225.00
2 6" VERTICAL CURB & GUTTER (INCL. RETURNS) LF 7,739 $25.00 $193,475.00 3 6" CONCRETE (INCL. RAMPS & RETURNS) SF 45,543 $5.00 $227,715.00 4 ADA RAMPS LABOR ONLY EA 16 $750.00 $12,000.00
5 DRIVEWAYS EA 101 $600.00 ~60,600.00
SUB-TOTAL $512,015.00
F. PAVING
1 2.5" AC OVER 8" AB SF 29,951 $4.00 $119,804.00
2 3" AC OVER 10" AB SF 103,892 $4.75 ~93,487.00
SUB-TOTAL $613,291.00
G. ELECTROLIERS
ELECTROLIERS EA 25 S6,500.00 S162,500.00
SUB-TOTAL $162,500.00
H. MISCELLANEOUS
1 MONUMENT WELLS EA 19 $300.00 $5,700.00
2 SIGNAGE EA 8 $300.00 $2,400.00
3 STOP AND STOP BAR STRIPING EA 8 $250.00 $2,000.00
4 BARRICADE EA 5 $1,500.00 $7,500.00
5 SPEED HUMP LS 1 $5 000.00 $5,000.00
SUB-TOTAL $22.600.00
• Civil Construction Total $2,627,039.00
10% CONTINGENCY $262,703.90
GRAND TOTAL !.2,889,742.90
Notes:
1. This estimate does not include surveying, engineering, landscaping, street trees, or irrigation.
2. This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated with the utility poles.
3. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
4. Items not included as part of this estimate.
A. ExistinQ lrrioation Facilitv Demolition I. LandscaoinQ Fees B. Permits J. Easement Acquisitions
C. Utility Fees K. Joint Trench (Dry Utilities)
D. City Fees, Bond Fees L. Landscape Design Improvements E. Engineering/Design Fees M. Street Trees
F. Soils Engineering Cost N. Tree Removal
G. Power Pole Relocation 0. Mail Boxes
H. Construction Surveying P. Masonry Walls
% Complete
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
0%
0%
0%
0%
0%
0%
100% 50% PAYMENT 10% WARRANTY
PERFORMANCE SECURITY LABOR SECURITY
Sliii~llli~ IHAlliilAI
$0.00 $0.00 $4,000.00
$0.00 $0.00 $5,020.50
io.oo $0.00 $2.500.00
$0.00 $0.00 $11,520.50
$0.00 $0.00 $2,328.00
$0.00 $0.00 $450.00
$0.00 $0.00 $15,050.00
$0.00 $0.00 $3,750.00
$0.00 $0.00 $4,984.00
$0.00 $0.00 $1,400.00
$0.00 $0.00 $16,800.00
$0.00 $0.00 $5,850.00
$0.00 $0.00 $1,250.00
$0.00 $0.00 $600.00
$0.00 $0.00 $300.00
$0.00 $0.00 $52,762.00
$0.00 $0.00 $22,710.00
$0.00 $0.00 $7,980.00
$0.00 $0.00 $13,440.00
$0.00 $0.00 $100.00
$0.00 $0.00 $44,230.00
$0.00 $0.00 $2,416.00
$0.00 $0.00 $9,382.50
$0.00 $0.00 $1,452.30
$0.00 $0.00 $4,400.00
$0.00 $0.00 $5,400.00
io.oo $0.00 1100.00
$0.00 $0.00 $23,150.80
$0.00 $0.00 $1,822.50
$0.00 $0.00 $19,347.50
$0.00 $0.00 $22,771.50
$0.00 $0.00 $1,200.00
J!0.00 $0.00 $6 060.00
$0.00 $0.00 $51,201.50
$0.00 S0.00 $11 ,980.40
10.00 io.oo 149 348.70
$0.00 $0.00 $61,329.10
S162 500.00 $81 250.00 ~16 250.00
$162,500.00 $81,250.00 $16,250.00
$5,700.00 $2,850.00 $570.00
$2,400.00 $1,200.00 $240.00
$2,000.00 $1,000.00 $200.00
$7,500.00 $3,750.00 $750.00
$5.000.00 S2 500.00 $500.00
$22.600.00 $11.300.00 $2.260.00
$185,100.00 $92,550.00 $262,703.90
44 TO:
FROM:
DATE:
LOsBanos
l th Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Charles Bergson P.E., Public Works Director/City Engineer April 2, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Dove Hollow at Stonecreek The Villages VII, Phase 3
Recommendation:
That the City Council adopts the Resolution accepting Public Improvements for Dove Hollow at Stonecreek The Villages VII, Phase 3.
Background:
The Tentative Tract Map No. 2017-01 was approved by the City of Los Banos Community Development Department on March 8, 2017 by Resolution No. 2017-07. In July 2022, the Public Works staff was contacted by, Lodi Development, Inc., a California Corporation, for Final Map approval. The Final Map was approved by City Council of City of Los Banos on October 2, 2024. The Final Map was recorded along with a Development Agreement was drafted between Anderson Homes and the City of Los Banos with Merced County by Resolution No. 6841 on January 13, 2025. In October 2022, the developer contacted Public Works for the approval of Improvement Plans for Dove Hollow at Stonecreek The Villages VI, Phase 3. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion, the site was inspected and deemed substantially complete by the City. In February 2025, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Stonecreek The Villages VII, Phase 3.
ITEM 7C
45 Discussion:
The subject is generally located within the area bounded by Pajaro Drive to the North, Ortigalita to the East, Pioneer Road to the South and future Pioneer Connector to the West, more specifically identified as Assessor Parcel Numbers 430-060-017, 430-060- 034, 430-060-035, 430-060-036. The applicant is Lodi Development, Inc., a California Corporation. The map consists of a total of 108 residential lots and 5 parcels on
23.716±. acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2017-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.
Fiscal Impact:
All public improvements for Southbrook at Stonecreek The Villages VII, Phase 3 have been completed by the Developer. A Maintenance Bond in the amount of $95,199.50 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Attachments:
Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Brent Kuhn, Finance Department
46 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING PUBLIC
IMPROVEMENTS FOR DOVE HOLLOW, THE
VILLAGES VII PHASE 3.
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Dove Hollow, The Villages VII Phase 3 that public Improvements for Dove Hollow, The Villages VII Phase 3 be accepted by the City of Los Banos; and, WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the Public Improvements of Dove Hollow, The The Villages VII Phase 3 are in a position to be accepted by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that is does hereby accept the Public Improvements Dove Hollow, The The Villages VII Phase 3 as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of April, 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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48 OWNER'S STATEMENT
WE. THE U..OERSl0HED, DO HEREBY STATE THATWEMl!:lHEOWNERS; M HAYE SOME ROHT. mt£ OR INTEREST IN iUETDnE REALP'IIOf"ERTV IHCLJ.l>ED'M'TMIN'"E BUIOM6ICINBHCMM ON TMEIMP; lHAT WE AIIE THE CN.V P9l90H5-MOIE OONSEHTISNECfSSARY TO l'ASS Q.!AFITfTLE TO 5AI> Rf.AL PROPMTV:NIO THIil WE~ CONl!'iENT TO THE M¥JNQ NC> R£t':OAONI OF BA1:1 MA.P AICJ SUBDMSION ,lS ~ wmtN TIE D«'l'N!'TM IIOR0ER LNE.
ntE REAi. P'A0PERTY DE!CRIBED IIR.0W 19 DEDICATED.,. FEE P'C>A PUBUC PURPOllES:
1. TO 'THE CITY 01 LOS MN0S F~ Pla.lC RldH'T-0f0WA.Y 'VRPOSEB. n«>SE ~ OF BAI) lAHOSOESIGM.'TEDONMIDIIAPAS~DAN'E.~BOUL!V-"l).AUSOCOIJAT, ES1¥U.Accu:IT,Q.IAl#ATA.OIIWE."NXINDArYE.CARMIB.COJlff,P~DANEAPI01HE1S WIDE "°"-DWl>ENHl AlCIG PW:INEER ROAD.
TME REAL PAOPERTY DEiCRtllED IBJJWI ME DEOM:ATED AS EASBENT5 FOR P"U!lJC PUR"°6ES:
1 A NCW-EXCWSIVE. EASEIIENT T0 TME Cff'Y OF LOS IWCJS, TOaEltEA wrTH TIE RNJHT 10 ~. RfOOHSTIIM:T, REPAIR NE YANT~ 1"01.EI, WlilB. CAllf:S, PIPES. NftJ 00NXJffS UC)THSR ~..ES~oYa. N«JU'C)EFITIIE STFlflSOF l»DOESIQN.\TB> M -P.U.E." (PUBUC unJTY ~ AS Sl«M'N ONllflS ANAl. MAP.
2. A NQN.EXa.USM EASBENTTOlHE aTVOFLOS IANOS.FOR PURPOSES Of FIEPNR NID MAwmwfCE C,. TtE S0tH) WM.L F0A THE AMAS DESIOHATB> AS "W.E."' (WiU.1. u..sa,eff) AL.OHO LOfS 17 THROUGH 1GI, AS SHOWN ONTIIS FWW.. MAP'.
WE AU30 REJ.NJUISHTOn-llE CITY OF LOS BANOS AU ACCEB9 ~ OF l.OlS tJ7 THR0U8H 1811 TO N'#OFACMnEWK>effrfGCWFDID AIQHT'Df WAY Al.ONO ,oi,&R 1110M) Stt0¥mASL..i,,L..U.L.ONlMS FINAL.MAP.
WEAL.SO HEfB!V RESERVE LOTS A Tlft:IUOH E FoA fU1UAE PfWAlE DEVELOPIErff AND ARE NOT DEOK: ... TED~. """'"""' --~·--~ l!IV: 'A~~
NAME: L ~~ Ts{t,~ !Tl, ,u. Prrs(cfent~ lffl\£\
IQ~ omPURCHASE AGREEMENT STATEMENT
n1E SEl.1.8'$ lN)EFI lHE ~ OF NJ11&1191T ftEOOADEO MAAOi 25, 2022 M 00CUMENT MMIIEFI 2022012211, or:FK:IAl REOOAD8 OFMEACEDCCUffY.
TlE REl!TATEDLNIPl'I W. NIDERSCWNE~ M. N«JIEFl90N NVOC'AIILE FNAYTft\JST o•ffo•~ fl'/: ~ CJ..___. _1<1>-$."2.'\ ,_.., fli.ts?u DATE "'' 4-1'>,, ~~ rJ~..,11.,__, -~~£=-~Y
DATE
ANASAZI AIOOE LLC, A C.&l.JR'.RrM. l.MTED UAMlfY rJ::MJNft . ... ~ c....,C~---=-
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TRUSTEE'S STATEMENT
lflo-~-'VI
DA1E
FRIT AMERICAN Tm.E COMPMY, AS lRUSTEE. \.NJEfl 1..:: DEED OF TRUST RfecRJB) OCTOBER 31), ~A800C\.UENfJrAMIEA.2020lmlll5, 0FP'tCIAL AECOADSOFUEACEDCOUMTV, HEREIIV COHSEN'l'S TO ntE MAkNI AND RECORDINQ Of 'MS MAP OATEC noo•IPA• o, . .a...-~-.
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SEE SHEET 2 FOR NOTARY STATEMENTS
Recorded Final Map: The Villages VII, Phase 3
TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES Vil, PHASE 3
BEINGA SUBDIVISION OF LOTS F, GANDH OF TRACT 2017-01, VOL 80 OP, PAGES 36-«l, MCA AND PARCEL B OF PARCEL MAP, IIOL. 108 PM, PAGES 415, MCR AND BEING A POffTION OF THE SO\/TMWEST QUARTER OF SECTION 21, TOWNSHIP 10 SOlmt, RANGE 10 EAST MOUNT DtABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
OCTOBER202-4
□•□ ELL
ENG1N E ER1NG
1115~DtM,MIIA __ CA.....,
Pfl20tJi71.t715 ~mm
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N'!.S
PLANNING COMMISSION STATEMENT:
I, STA.CV 90UlA BM9. COliM.NTV I ECOIOMC DE'VE.DPMtNT OfAECTOR FOR DIE cnY OF LOS IWC!.DOt4ERB!IVSJA1'E1'HATIHAVIEXAIMtB>1MISfWU..IMPOF"'TRACTND.I02.1-01.
IT~ATLOSIM«)S. 'TM: ¥IJ.ABl8 VI, PMlrSE.$", ANOTHAT'M ~ '9 9Llll!TANNU.Y 1HE UME AS THAT SNJWN ON THEVISlNil TENTA11YE MA,-APPAC>\lm IV TIE crrv PI.NM«i OOIAIISIICWONTHE 1STOAV OFIMV,Zf?. Mil lMATnetS FtW..W.-, 0, ,NiCTNO. 2021-01,~AT LOSUM:18. T14E \l'l.lAafaVI, "4A3E :r, CilW'lJES WITH Ill flE04 fl=&ef13 Of" SMJ P"\.AIINll'G a::MmSOt.
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CrrYOFLOSUNOS
SURVEYOR'S STATEMENT ,,,_liLl.l'WQl'tllEPAREOIYlll:0111\KIEAll't'DIIIECnJNAJ«I rslAIIDu,ratA ,=e.o.....-rv MADIEll-wm,TNE-OFlll'--ACTNIOl..,.. ~ATTH!~O,~~ll.lt~0,.21121, IHPIAY ~:=~~:====~ =~HE===:;»TIE CMIMC1UI MID OC'XU"tntf: fl09ffltNI: liQCA'T!O ONOfl~.UEJCrnt. m:e AJCJTMAT SMl~WI.L IE~TOl:JrWU:,,_ SUM'IVTOIE A£nW;:£D.
DAffll~ - 0, ,-. .., • • .LIi.
CITY ENGINEER'S STATEMENT:
l~ITA"TE1WITIHAW~1M&f'IML-.,,Of'-nw:-TND.2m1-G1.
~ AT LOI UH0S, 1Hl VUMiEJ. W. PIM.SES", MIC STATE THAT '™E l!UIOIYIPJN ASSHOMIHEIEONISI.IASTNITW.LYT'41.SA1,,5.AlrT'Al"HN'IEDONTHITENTATIVEUAP, ~
N«>NtfA""90YIDALTEMTl'.N!'T1-E.MY,AWJTMi\TAlL~Of'M
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OF'JHE1BffAT1YE IMP.If~. MAYE BHJIQCMIUEtl wm4,
OATEDlMS~"-'YOF ~e...1...~ ~ -
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CITY SURVEYOR'S STATEMENT: 1~8TATEffVITIHAYEIDI.Al9elMSF9W..ua,Qf""f1W:TND.-1-Gl,110PiECAEEK ATL.05 MMJa, TMWIUAOESVI.PtlUEY'NC>IAM IIATIIFIEDTHATTHISflW. IIAPtS 'fl!CHIM:ALLYOCJll9tECT.
OATEDTMI _M!!!.._.,.ya, _~_ ,..,.._
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CITY CLERK'S STATEMENT:
l,LUC&l.ELltAU.CINB!:.ClfYClBllC/FlMECffYOFLOl!IIANOS.STATIOFCM.F()RHIA. 00 IEIIE8YSTA'l!ntATAT1M! f'EGl&M~_9FnECffY.iiir.:C.:.LOS IAHOI.STATEOIF~HEU:JON'MS~OAV OF THE I-BllaNFWML.IWIICF91'NCT'NO.IDlt-ot,~AT , VI,
~S". WAI~ .vmTMllT SAIDCIT'YCX'llllCI. .&CCEP'1'II> ateew.F OF lta: Na.IC '°" fWIJC UIE. THEOFFBI OIi DEOtel,n:J1 N EA9981TOF All Pia.JC Vft.lTV IEAIREWTS f',U.E.t.MC>'MlrU.EMBIENT(W.E.t.All.MIHOWNOl'MBIWW._,:~ACCE"'IBllME OFfflllllOF
~
DEDtCATION .. PU OFlHI! S'nl&'f~WAV ANJ THE 11 fOOTWl>E NlAD ALONG ,clNfffl M)U).AI 8"CMW ONllllSF.w. lil.&P:#C)A0CEPlll>TIE -a,A(X:US-,,Ol'UITll'7T><OOCIM1 ... A8SHQMj0N1MSF--. MID"""1ftD/IIM..19BIAECT'TO~ OATED.,...7-3.,f.,_.,o, odJip, ......
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COUNTY RECORDER'S STATEMENT
FUDTIIB..!!!..DAVOf Qah,C • .. ,AT .l.;.l__l,OU.OCK,A,M.INva. .. lJ OFOR=ICUil. fll.ATS.ATPMIESe p .. sz. AT'lMEftEOUUfO,fNTMEAICNt ~~-
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SHEET 1 OF 8
VOL 1:1__ PAGE .SO
49 . ···- ··-... __ 0Riffl41fl Ciffiet~l'tfs'tl!~AJFlES-<»&.1{ I K>BmTYOf'nfE ~ MtOSKlNEDlHEOOCI.IWE-HTTOMHC.H T.-S eE:JfflF'ICATE IS •TTACMED1 Ml> t«:lf THE ff'~. ACCUR4C_'!_i9" VALK)£TY OF "™-'·T DOCl.lilBff.
STATl:OF~ l COU<TYO,Set)::J: ....
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WHICH THE PIA90Hcat' ACTED. 8ECUn:0 THE tarmlNENL
IC!R11FY LICIEA PEIW.1YOFPERJl.fflYlNJER THE LAWS0f"THESTATE 0,CAL fallllt4.G ™E FOREG04NG PARAGRAPM ISfAUE AND CORRECT.
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( 00 NOT STAMP)
r~lUD:M-GW~'Mt~m,~ "ltll:N'mY Of THI N>f\l'D.lN,. WHO AJNtf) nE DC'QMEHT"TO WMICH TH tMT1f1CitTE IS A ff ACHED, ~ -~ -~I!!~:!!!!~•~-JIESS, 4CCURACY, 0fl VALIUTY ~ Tt4AT DOC\Al9ff .:._ STATEOFCAL IFONt ~
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I CERTIFY LNJEA NNAL1V01 ~lN>Dl'TltE IAWSO, 1M: STAff OF~ IFOAalllTME F<>Af:OONJ PMAORAf"H ts fffJE Ne c:tWIECT.
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I Xii,t.tf;QuCONWcWi!IAc5dllMfilG~-cilllw.1'"1i9'Jlliill?A.v..,,.- 10efflT'Y"f'JI THE INDnl'OJAI.. WMOSION!DM. D0CUIIENTT0 ..WIICff . 'Ml C8'1FICATE ■ . An ACHED. ANO NOT™E TNJ1W\AMIS. IIIX;t.JIU,,Ct, ~v~ DF_lMAT_]IIJCl-..vT STATE OIF CM.l'OINA
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lcamf'V l...o&I fl'Plll,l.nO# NIU.MW I..NJllffl THE LA'#SOITHE STAff OF CIIL.F<JAMA 1WAT1ME POfllEOONO ,~ IS TRUE NIO COARECT.
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TRACT NO: 2021·01
STONECREEK AT LOS BANOS
THE VILLAGES VII. PHASE 3
BENG A SUIIOMSION OF LOTS F. G AND HOF mACT 2017.01. VOL 10 OP. PAGES - • Mell ANO PAACEL BOF PARCEL r.MP. V0l. 108 PM. PAGES 45. MCA AND BEINGA l'OROON OF THE SOUll!WEST QUN!Tal OF SECTION 21, lOWNSHIP 10 SOUTH, RANGE 10 EAST MOUNT DWlU) BASE AND MERIDIAN
cm Of LOS BANOS. MERCED COUNTY, CALIFOANI" OClOIIER 202• □• ELL
ENGlNEEf'llNG
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RIGHT TO FARM STATEMENT
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D&te&li, NCUIJNl BUT lll'JT LMffl) TO, PUTICUS AND FBnlJZIRS, NID,..,.. THE JUl!ltlTOFJIIOIIUA.lUIUILOl'IMnoNIIIN:U.a«l. 8Y N01LUftOTO,"-OWN1. 9fl'RAYf«lMC)....«lwtlet4 ~-..MAYQENEM"TE. DUff, SNQCE. ICMK.MD """" Tieoa.Mr'YC,~MMEST....-OMfllltla.ruMASA""""""USEN
DEVEL_,.,....,._,_ AMCLT\M. ZONES WHIC>t ..,_.OO'TSR Of.,. BTA&J!lHED&Peen;.....,. ,.._,.....,.,._......,. __ , tflCJHIIAY ~ 0IWffllt fMIC)IOUNDARY, OflNWCtl.lUMLSEIMCE CENT'E" (ASC) kUCJMY, AHO tl!SIDllffS a,""'°"°"" .. 1'41! \IICNTY ~ IIJCH NJNCUI. YUfW. 1'0Nl8 SHCUI)• ,,_.MB>TO,a;Wf ~Ofll 018CCJMF'CWff FflWJM N0NIW..
NECESMIIY MWIICU.lUIW. c::,,(Ml1Ctf!,
CERTIFICATE OF DEDICATION
THE P01J.(MWQ REM.~• OSJCATED8Y L.08 UHOIS 1DI LP, A C,IIIJfUNA l...n'l:D,.~U ,O..WWS:
1) 'nO!IE. ~ OF 1M» LNCJIODIOHATm ON MIOIUJI iU ~ Ofl~
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SOILS REPORT •9CU:~COY091Gn4ELAM)v.mllll~~CFnE-..otVl!JION WAI MIDEIYE.umel'f'STBIIS~SMN:J11-I: DATEClf'AtO.IIJN, 2011.A COl'YOFwt«:NSDNn!"WffMTHl:Off'YO#t.088Nl:JS. ~CTNQ. JD'l2'8-CJIR SHEET 2 OF 8
VOL 11 PAGE IL.,
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2•·1,s --27 ~ ~- \ __ 55\54 ~~6 47 .,,,,~0~-' \~1~~7 -~ TRACT NO. 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES VII, PHASE 3
llffiG -'SUBDIVISION OF LOTS F, GANO HOF TRACT 2017-01, Ya.. 80 OP, PAGES 3IMO, MCR ANO PARCEL B OF PARCEL MAP, VOL 108 PM. 34 6 7 45 35 , ,~ 56, , \ / _.,--(/ ~'e:
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REFERENCED RECORD DOCUMENTS ~COMrtAE0CJIIIDS
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STONECREEKATLOSBANOS
THE VILLAGES VII, PHASE 3
BEING r. SUIIOMSION OF LOTSF. Gr.NOH OFTAACT 2017-01. VOL 80 OP. Pr.cJES 3MO. MCA AND PARCEL BOF Pr.llCEL MAP. 'IOI.. 1QI PM.
PAGES '65, MCA AND BEING A PORTION OF THE 30VftMl:ST
QUMITEII OF SECTION 21, lOWNSHIP 10 SOUlk. RANGE 10 EAST MOtM DIABI.O BASE r.NO MERIDIAN CITY OF LOS BANOS. i.lEFICED OOUNTY. CAllfOIINIA OCTOlfA 200!4
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SHEET 8 OF 8
VOL a_•t__ . PAGE $ 7
56 . , ...
Recording Requested By:
City of Los Banos
And When Recorded Mail 10:
Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635
R1eonled In Official Retards, MERCED CDUNTV
MATT H. MAY
Merced County Cltrk - Recorder
P Public
Doct. 2025000668
1 IIIHIHIHHII
Titles: 1
Fees
01/13/2025
08:38 AM
re03
Pages: 11
NO FEE
t S R O O O O 6 2 2 1 0 6 S * - • - . - -- ---· - - "':.·..::-.:- r• ·.:•· ·7;-";"--···----:•-··-·-·-· ~ S ce above this line for Recorder's use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 2nd day of October, 2024, between ANDERSON HOMES, a California Corporation, Parties of the First Part, ~ereinafter 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 DEVELOP.ER(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 2017-0J Stonecreek at Los Banos, The Villages VII, Phase 3 comprised of I 08 residential lots and lots A, B, C, D and E on 23. 716± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on sajd 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, ~rtain 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 mention~d Subdivision Improvement Agreement FM #2017-01
TiiE VILLAGES VII, PHASE 3
57 ---------------- - -
and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. (ocf{.< I to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2017-01.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required .by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
SUBDIVISION AGREEMENT
1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perfonn the work and irnprovements hereinafter specified and at such time during this period as desi!J}ated by the Public Works Director/City Engineer of the CITY, but no later than the 30th day of September 2026, 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 oftimc stated herein above in this paragraph stated and fixed, do or cause to be done and perfonned, 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;
TOTAL IMPROVEMENTS:
1. S !TE PREPARATION
2. WATER
3. SANITARY SEWER
4. STORM DRAINAGE
S. CONCRETE
6. PAVING
7. ELECTROLIERS
8. MISCELLANEOUS
Subdivision Improvement Agreement
TOTAL
2 $ 115,205.00
$ 527,620.00
$ 442,300.00
$ 231,508.00
$ 512,015.00
$ 6B,291.00
$ 162,500.00
$ 22,600.00
$ 2,627,039.00
FM#2017-0l
TUE VILLAGES VII, PHASE 3
58 BF;MAIJSl~G IMl!BQ~MElSJ:~:
1. SITEPREPARATION $ -0-
2. WATER s -0-
3. SANITARY SEWER $ -0-
4. STORM DRAINAGE $ -0-
5. CONCRETE $ 153,604.50
6. PAVING $ 613,291.00
7. ELECTROLIERS $ 162,500.00
8. MISCELLANEOUS ~ 22,600.00
TOTAL $ 951,995.50
2. The DEVELOPER(S) shall furnish bonding or other fonns of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $951,995.50 and Labor and Materials at 50%, $475,997.75 and prior to the rele~se of other security, for Warranty and Guarantee at 10% of total improvements in the amount of $262,703.90. In addition, the DEVELOPER(S) shall provide a bond or other fonn of security in the amount of $3,SO0.OO for survey monuments, §66496 per 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.
FINAL MAP REVIEW
Charges for Final Map Review
Less: Deposit for Map Review(Rec# 01772742)
SUB-TOTAL
Less: Deposit for Map Review (Rec# R00121801)
ENGINEERING AND INSPECTION
5% of Approved Engineer's Cost Estimate
Less: Deposit for Plan Check (Rec# 01734142)
Less: Payment (Rec# ROO 12180 I)
$
$
$
$
$
7,760.50
(2,000.00)
$ 5,760.50
(5,760.50)
TOTAL $ -0-
133,718.40
(53,487.36)
$ (80,231 .04)
TOTAL $ -0-
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $2,627,039.00 (attached as Exhibit "A"), as Subdivision Improvement Agreement 3 FM #2017-01
THE VILLAGES VII, PHASE 3
59 ------ - -·· ·---··------------------
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 \1unicipal 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 2017-01. 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, DEVELOPt.:R(S) agree to repair or replace such destroyed er damaged improvements at their c,Jst whenever such damage shall occur.
7. Stree1 lights shall be furnished and installed hy the DEVELOPF::R(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 tht:ir 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 impro\'ements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which arc to be placed within the proposed City right-of-way, including mailboxes. private and utility works, shall not he constructed withou! written approval from the CITY. It shall be the DEVELOP[R(S) responsibility to ensure that mailboxes for use by the l:.s. Postal Service are available for residents al the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.
9. All eanhwork 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 iss:iance 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 lmprovement Standards Subdivision Improvement Agreement 4 N#2017-0I
THE VTLLAGES Vil, PHASE 3
60 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 perfonned under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from perfonning satisfactorily in the opinion of the CJTY, 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 perfonning the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval bytheC[TY atno costtothe CITY.
12. The CITY shall not be liable to the DEVELOPER{S) or to. any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said _subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the perfonnance 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 Subdivision Improvement Agreement 5 FM#2017-01
TI-IE VILLAGES VII, PHASE 3
61 of any occupancy pennits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
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 4 of this AGREEMENT·. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvement<;. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one ( 1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) sha11 either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter Subdivision Improvement Agreement 6 FM #2017-01
THE VILLAG0ES Vil, PHASE 3
62 \
I
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 furnishes the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of pennits.
21. DEVELOPER(S) shall comply with all applicable; original or amended Conditions of Approval of Vesting Tentative Tract Map 2017•01 prior to acceptance of public improvements or final of any housing units.
22. No work shall commence under the tenns 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 detennine if revisions are required. ln_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 2012-01, and the conditions of approval for said tentative map, (attached herein as Exhibit "C"), in the development of this Subdivision.
26. The terms of this AGREEMENT are not intended to, nor do they, relieve the Subdivision Improvement Agreement 7 FM#2017-0J
THE VILLAGES VII, PHASE 3
63 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 pennit 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.
[Signature Page Follows]
Subdivision Improvement Agreement 8 FM#2017-0l
THE VILLAGES VII, PHASE 3
64 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:
{~;f.~
Lucille L. ~allonee, City Clerk
City of Los Banos
A:\JDERSON HOMES
A California Corporation
Michael Anderson, Vice President
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
Paul Llanez, Mayor
PARTIES OF THE SECOND PART
Signature5 need to be notarized. Attach a Sotary Acknowledgement.
Subdivision Improvement Agreement 9 FM#2017-01
THE VILLAGES VII, PHASE 3
65 CALIIIORNIA ACKNOWLEDGMENT. CIVIL CODE § 1189
0001 l!lll ttJOOS?989?P·eee n • e tcerm:921
A notary public or other officer completing this cenlflcate verifies only the Identity of the indiVklual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or vafidity of that document.
State of California }
County of _-'~- ~_ k_ n.._i_ft> ____ _
on Sevtr,!'ter i1, 2-oJ.-'f before me. £rj"' t-l-1~~, N~1~ f>uPI ;e, Dote Here Insert Nome and Title of the Officer
personally appeared ___ ____,_tA--'-i--"e,h ..;....;.;.i~~e,{:.......;~;..:..;..;:u~ .;;;. ~.:..:=:""'V'-------------- Nome(,sJ of Slgner(if)
who proved to me on the basis of satisfactory evidence lo be the person(sf whose name(s)'~ere-subscribed· to the within instrument and acknowledged to me that@/!J!ettlrev executed the same in@~~ authorized capacity~. and that by fii':;)'l,erlttreirsignature(g1 on the instrument the person,E!), or the entity upon behalf of which the perso~ acted, executed the Instrument.
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of Calilomia that the foregoing
paragraph ls true and correct.
WITNESS my hand and official sear.
OPTIONAL
Signature ~vi,.~ ignature o ~
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Docum!",t
Title or Type of Document: . &u\?A.MSIOt\. .I:Mp~ aj ?½rtc,rneef Document Date: ___________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: fuu\ L..\"-1\C,,t , Lu~lle. l,, . 1'1iillotiee. • • I Capaclty~Claimed by Sliner"1
Signer's Name: Mict'wl C/tSC)V\,-
121'corporate Officer - Title{4-:u fuikitf'. □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: - - ---..-..---..,.,..-- - - -
Signer is Representing: 6"'4CA:Se!': fuit?ile '
Slgner's Name: _____ _____ _
□ Corporate Officer - Title(s): ___ ___ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator □ Other: ____________ _ Signer is Representing: _______ _ _
88988988lll88 6R&BS8fUE ?? E 1 :CW88888
«:l2019 National Notary Association
66 I •
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of Merced
on January 2, 2025 before me, Sara Blevins, Notary Public (insert name and title of the officer)
personally appeared _ P_a_u_l_L_I ai _ e_z _ ___________________ ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/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.
l'4l.,.G..&,,A .................... l , ~ SAAA&.EVINS
- .. ,~, Noury Publtt • t.JUfornia ii I • = Mel'(td Counl:)' ~ ] 0 •• • Commlssilln 12352517 ,-
• • ·• My Comm. txpfm Mir 21, 2025
(Seal)
67 EXHIBIT A
c-i•C=i99 OPINION OF PROBABLE COST , H,-.1 t e.2 · N n
Project name: Villages VII - Phase 3 - 108 Residential Lots & 5 Parcels Los Banos, CA Project progress stage: Design 8/19/2024
ITEM DESCRIPTION UNIT ~UANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING LS 1 $40,000.00 $40,000.00
2 GRADING/EARTHWORK CY 16,735 $3.00 $50,205.00
3 EROSION CONTROL LS 1 i25,000.00 $25,000.00
SUB-TOTAL $115,205.00
B. WATER
1 8" WATER MAIN LF 776 $30.00 $23,280.00
2 8" GATE VALVE EA 3 $1 ,500.00 $4,500.00
3 10" WATER MAIN LF 3010 $50.00 $150,500.00
4 10" GATE VALVE EA 15 $2,500.00 $37,500.00
5 12" WATER MAIN LF 71 2 $70.00 $49,840.00
6 12" GATEVALVE EA 4 $3,500.00 $14,000.00
7 WATER LATERAL EA 112 $1 ,500.00 $168,000.00
8 HYDRANT, BURY & GATE VALVE EA 9 $6,500.00 $58,500.00
9 TEMPORARY BLOW-OFF VALVE EA 5 $2,500.00 $1 2,500.00
10 AIR RELEASE VALVE EA 2 $3,000.00 $6,000.00
11 CONNECT TO EXISTING WATER EA 2 $1 ,500.00 i3,000.00
SUB-TOTAL $527,620.00
C. SANITARY SEWER
1 8" SEWER MAIN LF 4,542 $50.00 $227,100.00
2 STD. SEWER MANHOLE EA 21 $3,800.00 $79,800.00
3 4• STD. LATERAL EA 112 $1 ,200.00 $134,400.00
4 CONNECT TO EX. SEWER MAIN EA 1 $1 .000.00 i1 ,000.00
SUB-TOTAL $442,300.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 604 $40.00 $24,160.00
2 15" STORM DRAIN LF 2,085 $45.00 $93,825.00
3 18" STORM DRAIN LF 309 $47.00 $14,523.00
4 STD.MANHOLE EA 11 $4,000.00 $44,000.00
5 CATCH BASIN EA 20 $2,700.00 $54,000.00
6 CONNECT TO EX. STORM DRAIN EA 1 i1 ,000.00 $1 ,000.00 SUB-TOTAL $231,508.00
E.CONCRETE
1 5" ROLLED CURB & GUTTER LF 729 $25.00 $18,225.00
2 6" VERTICAL CURB & GUTTER (INCL. RETURNS) LF 7,739 $25.00 $193,475.00 3 6" CONCRETE (INCL. RAMPS & RETURNS) SF 45,543 $5.00 $227,715.00 4 ADA RAMPS LABOR ONLY EA 16 $750.00 $12,000.00
5 DRIVEWAYS EA 101 ~600.00 i6o,6oo.oo
SUB-TOTAL $512,015.00
F. PAVING
1 2.5" AC OVER 8" AB SF 29,951 $4.00 $119,804.00
2 3" AC OVER 10" AB SF 103,892 ~ .75 i493,487.00
SUB-TOTAL $613,291 .00
G. ELECTROLIERS
1 ELECTROLIERS EA 25 i6,500.00 §162,500.00
SUB-TOTAL $162,500.00
H. MISCELLANEOUS
1 MONUMENT WELLS EA 19 $300.00 $5,700.00
2 SIGNAGE EA 8 $300.00 $2,400.00
3 STOP AND STOP BAR STRIPING EA 8 $250.00 $2,000.00
4 BARRICADE EA 5 $1,500.00 $7,500.00
5 SPEED HUMP LS 1 $5,000.00 $5 000.00
SUB-TOTAL $22.600.00
Civil Construction Total $2,627,039.00
10% CONTINGENCY $262,703.90
GRAND TOTAL ! 2,889,742.90
Notes:
1. This estimate does not include surveying, engineering, landscaping, street trees, or irrigation.
2. This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated with the utility poles.
3. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
4. Items not included as part of this estimate.
A. ExistinQ lrriQalion Facilitv Demolition
B. Permits
C. Utility Fees
D. City Fees, Bond Fees
E. Engineering/Design Fees
F. Soils Engineering Cost
G. Power Pole Relocation
H. Construction Surveying
I. LandscaoinQ Fees
J. Easement AcQuisitions
K. Joint Trench (Dry Utilities)
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal
0. Mail Boxes
P. Masonry Walls
% Comelete
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
0%
0%
0%
0%
0%
0%
100% 50% PAYMENT 10% WARRANTY
PERFORMANCE SECURITY LABOR SECURITY
5E~lli~ liHlllEEilA'
$0.00 $0.00 $4,000.00
$0.00 $0.00 $5,020.50
$0.00 $0.00 $2,500.00
$0.00 $0.00 $11,520.50
$0.00 $0.00 $2,328.00
$0.00 $0.00 $450.00
$0.00 $0.00 $15,050.00
$0.00 $0.00 $3,750.00
$0.00 $0.00 $4,984.00
$0.00 $0.00 $1 ,400.00
$0.00 $0.00 $16,800.00
$0.00 $0.00 $5,850.00
$0.00 $0.00 $1,250.00
$0.00 $0.00 $600.00
$0.00 $0.00 i300.oo
$0.00 $0.00 $52,762.00
$0.00 $0.00 $22,710.00
$0.00 $0.00 $7,980.00
$0.00 $0.00 $13,440.00
$0.00 $0.00 ~100.00
$0.00 $0.00 $44,230.00
$0.00 $0.00 $2,416.00
$0.00 $0.00 $9,382.50
$0.00 $0.00 $1 ,452.30
$0.00 $0.00 $4,400.00
$0.00 $0.00 $5,400.00
io.oo $0.00 $100.00
$0.00 $0.00 $23,150.80
$0.00 $0.00 $1,822.50
$0.00 $0.00 $19,347.50
$0.00 $0.00 $22,771 .50
$0.00 $0.00 $1,200.00
SO.OD :io.oo ~,060.00
$0.00 $0.00 $51,201 .50
$0.00 l!0.00 $11 ,980.40
io.oo l!0.00 ~49,348.70
$0.00 $0.00 $61,329.10
i162,500.00 S81,250.00 $16,250.00
$162,500.00 $81,250.00 $16,250.00
$5,700.00 $2,850.00 $570.00
$2,400.00 $1,200.00 $240.00
$2,000.00 $1,000.00 $200.00
$7,500.00 $3,750.00 $750.00
$5000.00 $2 500.00 $500.00
$22.600.00 $11 .300.00 $2,260.00
$185,100.00 $92,550.00 $262,703.90
p:209,ft7U7!>5 I f.l09-571.l%6 t ~eo.thtim*-j
~ OH,a; 11&!. Scllni< c,,;,.., !.ult. A. Modasto, CA!t!.150 I www..odelt.ll(!IMfflllgmm __ _ O'"Otll E'111~111& . 68 EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2017-01 -
DOVE HOLLOW VILLAGES AT STONECREEK VII
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map.
2. 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 #2017-01 and approved Final Development Plan #2017-01, reflecting any amendments added during approval.
5. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
6. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
7. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAD 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 #2017-01.
14. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: "The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."
15. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.
16. On-site improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.
17. Off-site public improvement plan( s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department. The developer shall enter into a subdivision improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.
18. The project is subject to the appropriate Development Impact Fees as established by the City.
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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 Policy that identifies the improvements required in order for a building permit to be issued.
24. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform 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 in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer.
26. Prior to issuance of building permits for development of sensitive residential land uses {e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community 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 included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:
If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
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 in all permits in accordance with CEQA Guidelines section 15064.S(e):
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097 .98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Pre-Construction and Construction
32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 9 72
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 Director.
33. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department in areas where residential units are under construction.
34. Temporary construction trailers shall be permitted only in areas immediately adjacent to or within that portion of the subdivision where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.
35. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.
36. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.
37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water 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 performed on the project shall comply with the requirements of the State Business and Professions Code.
39. Construction shall be limited to those times allowed by City Ordinance:
Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.
These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
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b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing installed in accordance with the American Society for Testing and Materials standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
41. Where standard 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 Quality:
44. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
45. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121 .
46. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District. 11 74
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).
48. Full width street improvements for Badger Flat Road (street to the eastside of Dove Hollow Villages at Stonecreek VII), shall be constructed as approved by the Public Works Director based on a phasing plan which contemplates the surrounding tentative maps.
49. Half-street sections will not be permitted in the construction of VTTM #2017-01.
50. Pavement along Pioneer Road will need to be rebuilt in accordance with the City of Los Banos Standards and Specifications.
51. The bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.
52. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted.
Improvements to arterials and collector streets shall be completed prior to occupancy of any use within the project boundaries, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.
53. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.
54. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City and/or Caltrans standards.
55. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
56. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
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57. Prior to Final Map approval, a Traffic Engineer shall design traffic calming measures throughout the project area to be approved by the Public Works Director/City Engineer. Traffic calming measures may include, but are not limited to, raised intersections, stop signs, varied cross sections, solar speed limit radars, and roundabouts to be installed by the developer.
Landscape and Lighting District:
58. Prior to approval of any final or parcel map, the developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.
Community Facilities District:
59. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a community facilities district created for the purposes of funding public safety, as authorized by Government Code Section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.
Utilities:
60. The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan Review stage.
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Water:
61. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
62. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
63. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
64. 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.
65. Lot layout shall be subject to the approval of Pacific Gas and Electric (PG&E) prior to recordation of any final map.
66. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
67. Approved backflow devices shall be installed as required.
68. Domestic water services shall not be placed in driveways.
69. Prior to recordation of a Final Map, certification shall be obtained by the Central California Irrigation District that the property has been detached from CCID, or that remaining CCI D lines will be intact or rerouted to the satisfaction of CCID.
Sewer:
70. 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.
71. 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:
72. Final Improvement Plans for the storm drainage system shall utilize the TR-55 analysis method.
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73. Prior to acceptance of Final Improvement Plans, the applicant shall submit verification from the manufacturer that the pump station capacity is adequate for full basin to shut-off operational conditions. 7 4. All development shall comply with the Phase II storm water regulations.
75. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
76. 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.
Public Safety:
77. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
78. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards.
79. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
80. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
81. 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.
82. Fire hydrants (or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. 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.
83. Street names shall be approved by the Fire Department.
84. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.
85. Upon completion and approval of the project plans, a CD shall be submitted to the Fire Department providing information on street layout, 15 78
hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
86. By separate instrument to be recorded, in accordance with the Stonecreek Area Plan and the Stonecreek Area Plan EIR, prior to approval and the recordation of a Final Map within the Dove Hollow Tentative Map boundary the Developer shall reserve for dedication to the City a 1.4+/- acre Fire Station Site for the development of a fire station by the City. The location (generally in the western quadrant of the Stonecreek Area Plan within APN 430-010-035), the form, the terms and the conditions of the reservation tor dedication and the dedication of the Fire Station Site shall be as approved by the City Council, in its sole and exclusive discretion, upon recommendation of the Planning Commission and the Fire Chief.
The parties shall take all reasonable and necessary steps and actions to satisfy this condition within a reasonable time after the approval of the Vesting Tentative Map (VTTM 2017-01) and Development Agreement.
Landscaping:
87. 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.
88. Draught tolerant planting may replace front yard turf as approved by the Community and Economic Development Department and Public Works Department.
89. The developer shall comply with the adopted street tree ordinance.
90. Masonry walls shall be landscaped with vines to discourage graffiti.
91. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
92. 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.
93. Landscape plans shall be designed in accordance with any adopted revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and/or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any 16 79
residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.
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EXHIBIT C
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2017-01 -DOVE
HOLLOW VILLAGES VII
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 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.
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 line. The minimum front yard setback to porches shall be 1 O'.
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.
9. The minimum rear-yard setback shall be 1 O' for single story units and 20' for multi-story units.
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10. 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.
11. To protect privacy, building placement that offsets side-facing second-story bedroom windows at adjacent houses shall be required.
12. Residential dwelling units shall not exceed 30 feet in height.
13. 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.
14. 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:
15. The developer shall provide the same decorative lighting as provided in Villages at Stonecreek IV (Southbrook) Subdivision throughout the project site.
16. Enhanced pedestrian treatments shall be provided at the entrance points of the subdivision, which include Jasper Drive, Granite Boulevard, and Barley lane. Such treatments shall include but are not limited to stamped concrete or pavers as approved by the Community and Economic Development Director.
17. The developer shall install a six-foot high decorative masonry wall along Badger Flat Road, Pioneer Road, and Cardoza Road within the non-access strip at the rear of private properties.
Landscaping:
18. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.
19. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.
20. The developer shall comply with the current development standards for 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.
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21. 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.
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84 LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Gary Brizzee, Interim City Manager g;. f w
Lucy Mallonee, City Clerk/Human Resour6~s Direct~
DATE: April 2, 2025
SUBJECT: Employment Agreement for Finance Director - Minerva Moreno TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve a Resolution accepting and approving the Employment Agreement for Finance Director Minerva Moreno.
Discussion:
The City went through a comprehensive recruitment and screening process to identify the best-qualified candidate to the Finance Director position, for which Minerva Moreno has been selected by the Interim City Manager to be the City's next Finance Director. Pursuant to the City Manager's appointment authority under the Los Banos Municipal Code Section 2-
3.115 the City Manager has evaluated Ms. Moreno's knowledge, experience, administrative skills, and ability to serve as the City's Finance Director and has determined that Ms. Moreno has the necessary education, experience, skills and expertise to serve as the City's Finance Director.
Ms. Moreno's Employment Agreement includes the following key provisions:
• Effective date: April 3, 2025
• Base salary: $180,000 annually ($15,000 per month)
• Medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired after April 1, 2010.
ITEM 7D
85 • Retirement: Contribute a percentage of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the retirement plan she is eligible for: Seven percent (7%) of Employee's reportable wages for the 2% at age 60 formula (Misc 2nd Tier) or eight point two-five percent (8.25%) of Employee's reportable wages for the 2% at age 62 formula (Misc PEPRA). • Retiree Health: When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA and consistent with City policy. • Vacation/Sick Leave: Accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee will be frontloaded twentyfour (24) hours of Vacation Leave and twenty-four (24) hours of Sick Leave. • Administrative Leave: Twelve (12) workdays off, with full salary and benefits, during every fiscal year of employment. Every July 1st, eighty (80) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date.
As Finance Director, Ms. Moreno will be responsible to plan, organize, direct and review the activities and operations Department of Finance & Information Technology (IT), which delivers services to the public and organization in the following areas: accounting, revenue, purchasing, budget, and IT. and to provide highly responsible and complex administrative support to the City Manager.
This at will employment agreement has been reviewed and approved by the City Attorney.
Fiscal Impact:
This at-will employment agreement is projected to cost the City of Los Banos approximately $22,596 a month (salary and benefits).
Brent Kuhn, Financial Consultant
Attachments:
Resolution/Employment Agreement
86 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS RATIFYING THE CITY
MANAGER'S APPROVAL OF THE EMPLOYMENT
AGREEMENT WITH THE FINANCE DIRECTOR
MINERVA MORENO
WHEREAS, the City is in need of the services of a Finance Director and the City has engaged in a comprehensive recruitment and screening process to identify the best qualified candidate to fill the Finance Director position; and WHEREAS, after conclusion of the recruitment process, the Interim City Manager has selected Minerva Moreno as the City's next Finance Director and has negotiated the terms of his employment agreement; and
WHEREAS, pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Minerva Moreno's knowledge, experience, administrative skills, and ability to serve as the City's Finance Director, and has determined that she has the necessary education, experience, skills and expertise to serve as the City's Finance Director; and
WHEREAS, the City desires to employ Minerva Moreno as Finance Director; and WHEREAS, Minerva Moreno desires to accept the employment as Finance Director; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Minerva Moreno's employment as Finance Director; and WHEREAS, the City Attorney has reviewed the Finance Director Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos hereby ratifies the City Manager's selection and appointment of Minerva Moreno for the position of Finance Director pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves the Employment Agreement for Minerva Moreno to serve as Finance Director of the City of Los Banos as presented in Exhibit A.
87 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of April 2025, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
88 EXHIBIT A
CITY OF LOS BANOS
EMPLOYMENT AGREEMENT
Department Head - Finance Director
This Employment Agreement ("Agreement") is made and entered into as of this ___ day of April, 2025, by and between the City of Los Banos, a California municipal corporation, ("City"), and Minerva Moreno ("Employee"). City and employee may individually be referred to herein as "Party" or collectively as "Parties".
RECITALS
1. The City is in need of the services of a Finance Director and the City has engaged in a screening process to identify the best-qualified candidate to fill the Finance Director position.
2. Pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Employee's knowledge, experience, administrative skills, and ability to serve as the City's Finance Director, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Finance Director.
3. The City desires to employ Employee as the Finance Director.
4. Employee desires to accept the employment as Finance Director.
5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee's employment as Finance Director.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Appointment and Employment
The City Manager hereby appoints Employee to the position of Finance Director of the City of Los Banos pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council·hereby approves this Agreement for Employee to serve as Finance Director of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.
2. Term of Employment
(a) This Agreement shall become effective as of April 3, 2025 and continue until terminated as provided for in this Agreement.
1 89
3. Salruy and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $180,000 ($15,000 per month) payable in equal semi-monthly installments at the same time and in the same manner that other City employees are paid. This salary shall be effective as of April 3, 2025. Subject to a satisfactory annual performance evaluation (in accordance with Section 6 herein), the City Manager may grant, in his/her sole discretion, an increase in the annual base salary.
The annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other management employees in the City. (b) Cost of Living Adjustment: Employee shall be entitled to the same percentage cost of living adjustment (COLA) as other Unrepresented/Miscellaneous Employees. ( c) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents.
(1) Medical/ Dental /Vision/ Life Insurance: Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired after April 1, 2010. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section 5005 Los Banos Personnel Policy).
Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $400 per month, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage. (See, Section 5005 B 5 Los Banos Personnel Policy).
(2) Retirement: For Fiscal Year 2023/2024, Employee must contribute a percentage of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the retirement plan she is eligible for:
Seven percent (7%) of Employee's reportable wages for the 2% at age 60 formula (Misc 2nd Tier); OR
Eight point two-five percent (8.25%) of Employee's reportable wages for the 2% at age 62 formula (Misc PEPRA). This percentage is subject to change each fiscal year in accordance with CalPERS actuarial and reporting requirements.
The terms of the contract between the City and CalPERS shall govern the eligibility for and level of benefits, if any, to which Employee is entitled. Employee contribution to CalPERS is tax deferred. (See, Section 5005 C Los Banos Personnel Policy). 2 90
(3) Retiree Medical/Retirement Health Savings Plan. When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA. (See, Section 5005 E Los Banos Personnel Policy)
(4) Deferred Compensation: Employee may participate at his/her own expense in the City's deferred compensation. (See, Section 5005 G Los Banos Personnel Policy). (5) Tuition Reimbursement: Tuition (education related expenses) will be reimbursed in accordance with policy upon successful completion of courses up to $3,000.00 per fiscal year. (See, Section 5005 I, Division 5-A Los Banos Personnel Policy). (6) Sick Leave: Sick leave shall be accrued at eight (8) hours per month. (See, Section 5005 J, Division 5B Los Banos Personnel Policy). Employee shall also be frontloaded twenty-four (24) hours of sick leave.
(7) Vacation Leave: Employee shall be entitled to vacation accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See, Section 5005 K, Division 5-C Los Banos Personnel Policy). Employee shall also be frontloaded twenty-four (24) hours of vacation leave.
(8) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 N, Division 5-H Los Banos Personnel Policy).
$100 per month for AA/ AS; or
$175 per month for BA/BS; or
$225 per month for MA/MS
(9) Bilingual Incentive Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 5005 0, Division 5-L Los Banos Personnel Policy).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written presentation Skills
(10) Administrative Leave: Employee shall receive ten (10) work days off, with full salary and benefits, during every fiscal year of employment. Every July 1st, eighty (80) hours are accrued and may not be carried over. Employee shall receive a pro-rated amount based on hire date. (See, Section 5011 Los Banos Personnel Policy).
(11) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel and training expenses of Employee for professional and 3 91
official travel, meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. (12) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). (13) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Section 5008 & Division 5-I Los Banos Personnel Policy). (d) No Reduction of Benefits: City shall not at any time during the term of this Agreement reduce the salary, compensation or other benefits of Employee, except to the degree of such reduction for all management employees at the department head level. ( e) Dues and Subscriptions: City shall budget and shall pay for the professional dues and subscriptions of Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her professional growth and advancement, and for the good of City.
4. Duties
(a) Employee shall serve as Finance Director and perform those duties of the Finance Director under the direction of the City Manager as set forth in the Finance Director Job Description attached as "Exhibit A" and incorporated herein by this reference, in addition to any other functions and duties specified by state law, city ordinance, or resolution, or other directive, and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. The City may amend the Finance Director job description at any time without Employee's approval and without an amendment to this Agreement. (b) Employee shall devote all necessary time and effort to fulfill the obligations of the Finance Director position. The City acknowledges that Employee is reasonably expected to be available but does not have regularly set hours of work. Employee's work schedule will vary in accordance to the work required to be performed.
5. Exclusive Employment
Employee shall devote all of his time, energy and efforts to the City, and shall accept no outside employment, except as may be specifically approved by the City Manager in writing in advance.
6. Performance Evaluation
The City Manager shall evaluate Employee's performance annually and may, in addition, establish goals and performance objectives to be accomplished during the next year and used as a basis for the next performance evaluation. In the City Manager's sole discretion, the performance of Employee may be reviewed on a more frequent basis.
4 92
7. Separation - At Will Employment
(a) The parties expressly agree that the position of Finance Director is an "at-will" employee, and that Employee is employed in an "at-will" capacity, serving at the pleasure of the City Manager. Employee may be terminated by the City Manager and the City Manager may terminate this Agreement at any time with or without cause and with or without advance notice. There is no express or implied promise made to Employee of continued employment. Employee understands and agrees that the terms of her employment are governed solely by this Agreement. Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that she is not entitled to due process for any disciplinary action under the City's personnel policies and rules, including termination.
(b) Employee may resign and terminate this Agreement at any time upon providing thirty (30) days written notice to the City.
( c) The City Manager and Employee may terminate this Agreement by mutual written agreement.
(d) In the event this Agreement is terminated by the City Manager, while Employee is still willing and able to perform the duties of Finance Director, Employee shall be entitled to three (3) months' severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.
The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly conditioned on the execution, delivery, and non-revocation of a General Release Agreement by Employee.
It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
5 93
( e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect ofresponsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved ( or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; (viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.
If this Agreement is terminated by the City Manager "for cause," Employee's employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, and other City property entrusted to Employee for the purposes of the discharge of his duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (f) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager.
Employee shall keep all information acquired through his position in the strictest confidence.
8. Compliance with Government Code Section 53243 et seq. {Assembly Bill No. 1344). (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he 1s subsequently convicted of a crime involving the abuse of his office or position. 6 94
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if she is subsequently convicted of a crime involving an abuse of her office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (Government Code Section 53243.2.)
(d) For purposes of this section, 11 abuse of office or position11 shall be as defined in Government Code Section 53243.4.
( e) The parties agree to fully comply with the Government Code sections that are part of AB 1344 made effective February 1, 2021 as it may be amended.
9. Indemnification
City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.
City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
10. Notices
Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
CITY:
EMPLOYEE:
City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Minerva Moreno
* Address on file with Human Resources
7 95
11. Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.
12. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.
13. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
14. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution and the Parties agree that venue shall be in Merced County, California.
16. Attorney's Fees
In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs.
17. Representations
City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof. 8 96
18. Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.
Dated:
Dated:
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn, City Attorney
"EMPLOYEE"
Minerva Moreno
"CITY"
Gary M. Brizzee, Jr., Interim City Manager
9 97
CITY OF LOS BANOS
Job Description
POSITION TITLE
DEPARTMENT
EMPLOYMENT CATEGORY
EMPLOYMENT LEVEL
DEFINITION
FINANCE DIRECTOR
FINANCE
EXEMPT
MANAGEMENT
Performs highly responsible and professional work in planning, organizing and leading the operations of the Department of Finance & Information Technology, which delivers services to the public and organization in five key functional areas; accounting, revenue, purchasing, payroll, and budget. Primary responsibilities include: developing and implementing efficient and effective financial policies; managing debt, investments, internal controls, and organizational risk; and providing leadership for the department.
SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the City Manager. Exercises direct supervision over other assigned professional, technical, and clerical support personnel.
EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Reliable and dependable attendance and punctuality.
• Develop, plan and implement Department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Maintain skills through continuing education and training. • Attend various meetings, trainings, etc.
Finance Director
98 • Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Recommend and assist in the implementation of goals and objectives; establish schedules and methods for the operation of the City's financial and fund accounting systems; implement policies and procedures.
• Plan, prioritize, assign, supervise and review the work of staff involved in the development and administration of the City's budget and fund accounting and the performance of a variety of financial related duties.
• Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.
• Oversee general ledger, bank reconciliations, fixed asset system, payroll, accounts payable, cash receipts and municipal utility services.
• Prepare a variety of technical and financial statement and reports. • Coordinate the development and implementation of the annual budget; assist City departments regarding the budget process.
• Direct the development, implementation and administration of the City's capital improvement program as it relates to City-owned utilities and electrical facilities. • Perform utility rate structure analysis and make recommendations on utility rates. • Provides customer account services by analyzing and clarifying computations or billing discrepancies; makes municipal utility services account adjustments as necessary.
• Coordinate and perform a variety of research, collection and analysis of financial and related data.
• Coordinate and prepare a variety of financial reports and studies including the annual audit.
• Plan, prioritize, and review the work of staff assigned to a variety of clerical accounting duties including the processing of payments and maintenance of a variety of financial reports and records.
• Manages grant compliance function with respect to financial activity and the preparation of related reports.
• Supervises the maintenance of financial records and files. • Performs risk management tasks including insurance requirement reviews. • Manages and oversees special district and restricted revenue fund activity. • Perform the most difficult work related to area of functional responsibility, which may include utility billing, accounts payable/receivable. • Performs other duties as assigned.
Knowledge of:
• Budgeting procedures and techniques.
• Pertinent local, State and Federal laws, rules and regulations. • Modern office procedures and computer equipment.
Finance Director
99 • Principles and practices of leadership, motivation, team building and conflict resolution.
• Principles and practices of organizational analysis and management. • Principles and practices of supervision, training, and personnel management. • Current accounting practices, familiarity with Generally Accepted Accounting Procedures (GAAP).
• Principles and practices of accounting theory and its application to a wide variety of accounting transactions and issues.
• Advanced principles and practices of budget development, implementation and monitoring.
Ability to:
• Plan, direct and control the administration and operations of the Finance Department and Information Technology Department.
• On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and interpret policy. • On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Interpret and apply local, State, Federal, City and department policies, procedures, rules and regulations.
• Supervise, train and evaluate personnel.
• Work independently.
• Understand and follow both oral and written instructions. • Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Exercise independent judgment.
• Establish and maintain a high level of trust.
• Remain calm and focused during emergency operations.
• Prepare and administer department budgets.
• Develop and implement department policies and procedures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Develop and implement programs to meet the needs of the City. • Effectively oversee multiple projects simultaneously while managing project costs, resources and schedules.
• Prepare and present staff reports at City Council meetings; attend City Council meetings.
Finance Director
100
• Coordinate and perform the collection, analysis, and interpretation of accounting and financial data and make recommendations and decisions; prepare clear and concise financial reports and studies.
• Understand and apply municipal budgeting practices.
• On a continuous basis, know and understand all aspects of the job, intermittently analyze work papers, reports and special projects, identify and interpret technical and numerical information, observe and problem solve operational and technical policy and procedures.
• Perform the most complex duties related to the processing of utility payments, accounts payable/receivable and payroll.
• Intermittently review documents related to department operations. • Use modern office equipment including personal computer applications such as automated accounting information systems, spreadsheet, and database software. • Maintain confidentiality of a wide range of sensitive information. • Work with a wide variety of customers, the public, and others in a respectful and effective manner to resolve problems or complaints ..
• Manage, oversee and administer the information technology consultant's contract and special projects.
• Manage business changes in the implementation of emerging Information Technologies.
MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to completion of the twelfth grade.
• Possession of a valid California Class C driver license. • Bachelor's degree from an accredited college or university in accounting, business administration, or related field.
• Five (5) years of increasingly responsible professional experience in financial accounting, including three (3) years supervisory experience providing technical and functional supervision over assigned personnel.
DESIRED QUALIFICATIONS
• One (1) year of local governmental accounting experience. • Certified Public Accountant (CPA) certification.
1/21
Finance Director
101
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102
TO:
FROM:
DATE:
LOs Banos
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
April 2, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Side Letter Agreement between the City of Los Banos and the Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA)
Recommendation:
Adopt the Resolution approving the Side Letter Agreement between the City of Los Banos and the LBPDCSOA regarding a COLA salary increase for Public Safety Dispatchers.
Discussion:
The requested changes represent a quarter percent (.25%) COLA for the Public Safety Dispatcher, effective April 1, 2025. This is in addition to the two point seven-five percent (2. 75%) COLA salary increase these same classifications received on August 1, 2024.
The City and the LBPDCSOA agree to modify the salary section of the current Memorandum of Understanding (July 1, 2024 through June 30, 2027) to allow for this extra .25% COLA for the Public Safety Dispatchers.
Fiscal Impact:
For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $500 for which funds were budgeted in the General ITEM 7E
103
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:
~ K~onsultant
Attachments:
Resolution
104
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SIDE
LETTER AGREEMENT / MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
DISPATCHERS / COMMUNITY SERVICES
OFFICERS ASSOCIATION REGARDING COLA
SALARY INCREASE FOR PUBLIC SAFETY
DISPATCHERS
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Side Letter Agreement to the current Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA) regarding a quarter percent (.25%) COLA for the Public Safety Dispatchers; and
WHEREAS, the current Memorandum of Understanding will remain in effect from July 1, 2024 to June 30, 2027; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of April 2, 2025.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPDCSOA is hereby modified 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 2nd day of April 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: Council Members
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
105
EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
WHEREAS, the City of Los Banos ("City") and Los Banos Police Dispatchers Community Services Officers' Association represented by AFSCME/PEU Local One ("Union") (collectively "the parties") have agreed to a Memorandum of Understanding (MOU) with a term of July 1, 2024 through June 30, 2027;
WHEREAS, the City has experienced ongoing recruitment and retention challenges for Public Safety Dispatchers;
WHEREAS, the City's Police Department would benefit considerably from recruitment of lateral candidates and retention of experienced non-sworn personnel to ensure critical law enforcement services for the City;
NOW THEREFORE, in consideration of the foregoing recitals, the parties agree to modify Section X, subsection A, entitled "Pay Rates," of the 2024-2027 MOU between the City and Association as follows:
SECTION X - Pay Rates and Practices
A. Pay Rates
1. Salary Ad justments
Effective the first full pay period following City Council approval of a successor MOU in 2024, the salary schedules for job classifications represented by the bargaining unit will be increased by a cost of living adjustment of two and three-quarters percent (2. 75%). In addition, effective the first full pay period following City Council approval of a successor MOU in 2024, CSO's will receive a one quarter percent (0.25%) equity adjustment, to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE 1 .f J. 1 2 §
Public Safety Dispatcher 8/XX/2024 4,767 5,005 5,255 5,518 5,794 6,084 Community Services
Officer 8/XX/2024 3,509 3,684 3,868 4,061 4,264 4,477
Effective Agril 1, 2025, the salarv schedules for Public Safety Disgatcher will be increased by a cost of living ad justment of one-guarter of a 12ercent (0.25%). to reflect monthly salarv ranges as follows:
106
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
EMPLOYEE
CLASSIFICATION
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
STEP STEP STEP STEP
DATE ! I J. 1
STEP
~
Public Safety Dispatcher 4/1/202S 4,779 5,018 5,269 5,532 5,809 6,099 Effective July 1, 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by a cost of living adjustment of three percent (3%)--tw& aAa three quarters 13ereeAt (2.75%). IA aaaitioA, effeetive July 1, 2025, CSO's 'Nill receive a oAe quarter 13erceAt (0.25%) equity aajustFAeAt, to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE ! l J. ~ 2 .§
Public Safety Dispatcher 7/1/2025 4,922 5, 168 5,426 5,697 5,982 6,281 Community Services
Officer 7/1/2025 3,614 3,795 3,985 4,184 4,393 4,613
Effective July 1, 2026, the salary schedules for job classifications represented by the bargaining unit will be increased by a cost of living adjustment of three percent (3%)fW& aAa three quarters 13erceAt (2.7596). IA aaaitioA, effecth.1e July 1, 2026, CSO's ..ill recei¥e a eAe quarter 13ereeRt (0.25%) equity adjustFAeAt, to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE ! l J. ~ 2 .§
Public Safety Dispatcher 7/1/2026 5,070 5,323 5,589 5,868 6,161 6,469 Community Services
Officer 7/1/2026 3,722 3,908 4,103 4,308 4,523 4,749
This agreement sets forth the complete agreement of the parties.
107
SIDE LETTER AGREEMENT BETWEEN
CITY OF LOS BANOS AND
LOS BANOS POLICE DISPATCHERS COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA)
REPRESENTED BY AFSCME/PEU LOCAL ONE
RE: MID-CONTRACT SALARY CHANGES
This side letter is a tentative agreement subject to ratification of the bargaining unit and approval of City Council.
SO AGREED:
FOR THE UNION:
Signature
3/25/25
Date
FOR THE CITY:
Signature
March 25, 2025
Date
108
LOs Banos
At the Cmssmads of California
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: April 2, 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 changes associated with the approval of the Los Banos Police Dispatchers Community Services Officers Association (LBPDCSOA) Side Letter Agreement to the current Memorandums of Understanding (MOU).
Discussion:
With approval of the Side Letter with the LBPDCSOA, effective April 1, 2025, the City's Salary Schedule needs to be amended to reflect the approved quarter percent (.25%) COLA salary increase for the Public Safety Dispatchers.
Fiscal Impact:
For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $500 for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements.
Reviewed~
B~J0nancia1Consultant
Attachments:
Resolution
~AA/
GaryB~ ee, Interim City Manager
ITEM 7F
109
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 G - POLICE
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 the salary range of the Public Safety Dispatcher; and WHEREAS, the City's Salary Schedule needs to be amended to reflect an additional .25% COLA for the Public Safety Dispatcher'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 April 2, 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 2nd day of April 2025, by Council Member who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
110
DIVISION 4
SALARY SCHEDULE
(Approved April 2. 2025 I Effective April 1. 2025)
EXHIBIT A
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (83)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEPS Public Safety Dispatcher (11) * 4,+e-7 a,ooa ~ ~ &,--794
0.25% 411/2025 4,779 5,018 5.269 5,532 5,809
3% 7/112025 4,922 5,168 5.426 5,697 5,982
3% 7/112026 5,070 5,323 5,589 5,868 6,161
STEP6
6;0M
6,099
6,281
6,469
111
THIS PAGE IS INTENTIONALLY LEFT BLANK
112
LOsBanos
At die Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/Ci
DATE April 2, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Authorizing Award of a Construction Contact Agreement to Rolfe Construction Inc. in the amount of $4,432,440 for construction of the Final Kilometer Sewer Trunk Line Replacement Project
Recommendation:
That the City Council adopt a Resolution awarding the Construction Contract to Rolfe Construction Inc. and to authorize the Interim City Manager to execute the Construction Contract Agreement in the amount of $4,432,440, with a 15% contingency in the amount of $664,866.
Background:
The 36" Main Trunk Line to the Wastewater Treatment Plant Project (Final Kilometer Sewer Trunk Line Replacement) is on the City's Capital Plan. This project is to accommodate wastewater flows from new development as well as replace wastewater collection infrastructure serving the City, which has reached the end of its useful life.
Discussion:
The existing 24" trunk main is at capacity, and has reached the end of its useful life and needs to replaced. In order to accommodate increased wastewater flows from new development, this project will increase the pipe diameter from 24" to 36" providing an increased capacity of fifty-five percent.
Due to elevation conflicts with the trunk main crossing Grassland Water District's (GWD) San Luis Canal the canal flows need to be rerouted through a new siphon. The "in-water" work needs to be completed in a 45-day window while the canal is dewatered for GWD maintenance activities which are scheduled between June 1 - July 15, 2025. The short ITEM 8
113
timeframe will most likely require night time work to complete the new siphon within this 45-day window. Construction of this work while the San Luis Canal is dry, will save an estimated $250,000.
The bid opening for the Project was held at City Hall on March 21, 2024 at 2:00 PM. The Public Works Department, through the Office of the City Clerk, received five (5) bids from the following contractors:
Contractor
Rolfe Construction Inc.
Mountain Cascade Inc.
Mozingo Construction Inc.
Mid Cal Pipeline and Utilities Inc.
Teichert Construction
Location
Atwater, CA
Livermore, CA
Oakdale, CA
Merced, CA
Roseville, CA
Amount
$4,432,440
$5,060,402
$5,371,920
$5,723,800
$5,980,400
Staff reviewed each bid proposals for completeness and researched the experience of the apparent low proposer. Rolfe Construction Inc. has provided the lowest responsive and responsible bid for the Project. Staff is recommending Rolfe Construction Inc. be awarded the contract for the construction of the Project in the amount of $4,432,440 and approving a 15% contingency amount of$664,866 to address potential changed conditions during construction.
In addition to the construction contract and contingency, a construction support amount of $1,100,000 has been budgeted to provide for construction management by a consulting civil engineer, surveying, material testing, and to provide for compliance with the specifications.
This work is expected to commence in May, 2025 with a construction duration of 242 working days (approximately 11 months).
Staff recommends a Construction Budget of $6, 197,306 as shown below:
Construction Contract:
Contingency @ 15%:
Owner supplied items, Construction Management,
Survey staking, testing services and inspections:
Total Construction Budget:
Fiscal Im pact:
$4,432,440
$ 664,866
$1,100,000
$6,197,306
Funds in the amount of $6,197,306 for this project have been programmed in Wastewater Collections account 502-432-100-739 in the 2024-2025 (FY25) fiscal year budget.
Environmental Analysis:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (b ), Existing Facilities. The 114
project involves the replacement of an existing publicly-owned utility used to provide sewer services to the public.
Reviewed by:
13 ~ re
Gary Bri~~e Jr., Interim City Manager
Attachments:
Resolution
Project Location Map
Advertisement for Bid
Bid Opening Sheet
Agreement
Brent Kuhn, Finance Department
115
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS AUTHORIZING AWARD OF CONSTRUCTION
CONTRACT TO ROLFE CONSTRUCTION, INC. IN THE
AMOUNT OF $4,432,440 WITH A 15% CONTINGENCY OF
$664,866 FOR THE CONSTRUCTION OF THE FINAL
KILOMETER SEWER TRUNK LINE REPLACEMENT
PROJECT
WHEREAS, the City of Los Banos Public Works Department received competitive bids on March 21, 2025 for the purpose of constructing the Final Kilometer Sewer Trunk Line Replacement Project; and
WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Rolfe Construction, Inc. provided the lowest responsive and responsible proposal in the amount of $4,432,440; and
WHEREAS, the Public Works Department requests the City Council authorize a 15% contingency in the amount of $664,866; and
WHEREAS, the Public Works Department requests the City Council authorize the Interim City Manager to execute the Construction Contract Agreement with Rolfe Construction, Inc. and authorizes the Public Works Director/City Engineer to administer the Construction Contract including the 15% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Final Kilometer Sewer Trunk Line Replacement was adequately evaluated and determined to be categorically exempt pursuant to Section 15301(b), Existing Facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Rolfe Construction, Inc. in the amount of $4,432,440 with a 15% contingency in amount of $664,866, authorizes the Interim City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 15% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of April, 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:
116
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
117
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118
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, March 21, 2025 and then at said office publicly opened and read aloud.
The major work consists of Furnish and Install approximately 3,328 lineal feet of 36-inch HOPE SDR 21 (Class 100 psi) (STA 10+00 to STA 42+58 & STA 50+98.26 to STA 51+67.52), Furnish and Install 60-inch manholes along the 36-inch sewer pipeline alignment, Construct San Luis Drain Crossing (STA 42+58 to STA 50+98.26), Construct a sewer junction box, tie-in to existing facilities at different locations, Furnish, Install, and Operate Sewer Bypass, Furnish and Install Traffic Control & Detour Plan, Install Owner furnished 368 lineal feet of 48-inch RGRCP C361 C-25, construct the San Luis Canal siphon, construct the San Luis Canal turnout, and construct the San Luis Canal outlet.
The time for completion shall be two hundred and forty-two (242} working days.
The time for completion for the work within the San Luis Canal right-of-way shall be from June 1st to July 15th, 2025.
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:llwww.dir.ca.gov/ Public-Works/ PublicWorks.html
119
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.
A pre-bid meeting will be held on March 13, 2025 at 10am.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 120
LOs Banos
At the Crossroads of California
BID OPENING
KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT
March 21 , 2025
1. Mid Cal Pipeline & Utilities Inc.
2. Rolfe Construction Inc.
3. Mountain Cascade Inc.
4. Mozingo Construction Inc.
5. Teichert Construction
Signe!C'~
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Administrative Coordinator
$ 5,723,800.00
$4,432,440.00
$5,060,402.00
$5,371,920.00
$5,980,400.00
Dated: March 21, 2025
121
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2025 by and between the City of Los Banos, a California municipal corporation ("Owner") and Rolfe Construction, Inc. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT".
The work is generally described as follows:
• The major work consists of Furnish and Install approximately 3,328 lineal feet of 36- inch HOPE SOR 21 (Class 100 psi) (STA 10+00 to STA 42+58 & STA 50+98.26 to STA 51+67.52), Furnish and Install 60-inch manholes along the 36-inch sewer pipeline alignment, Construct San Luis Drain Crossing (STA 42+58 to STA 50+98.26), Construct a sewer junction box, tie-in to existing facilities at different locations, Furnish, Install, and Operate Sewer Bypass, Furnish & Install Traffic Control & Detour Plan, Install owner furnished 368 lineal feet of 48-inch RGRCP C361 C-25, construct the San Luis Canal siphon, construct the San Luis Canal turnout, and construct the San Luis Canal outlet.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents. Contractor shall commence the work required to construct San Luis Canal Siphon, San Luis Canal Turnout, and San Luis Canal Outlet on or before June 1st.
All work within the San Luis Canal shall be completed by July 15th. Failure to complete the work within the San Luis Canal will result in liquidated damages.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Thousand Dollars($ 5,000.00) for each working day that passes after the time specified for work within the San Luis Canal right-of-way. Contractor shall furnish, install, and operate at no cost to Owner a canal bypass system with a capacity up to 200 CFS in order to pass operational canal flows around the work area in Paragraph 2 herein. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Thousand Dollars($ 2,000.00) for each working day that passes after the time specified in the Notice to Proceed.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The 122
Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by PROVOST & PRITCHARD CONSULTING GROUP entitled "FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT", dated March 5, 2025.
(N) Drawings prepared by PROVOST & PRITCHARD CONSUL TING GROUP numbered 1 (Sheet G1) through 33 (Sheet 05).
(0) Addenda No. 1, dated March 14, 2025 and No. 2, dated March 18, 2025 There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
8. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this 123
Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Calendar Day, the time period shall be extended to the next Calendar Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By:------------ ----
Title:
By:
Title:
Authorized Representative of Owner
----------------
---------------- Authorized Representative of
Contractor
----------------
(Attach Acknowledgement for Authorized Representative of Contractor) 124
LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City En DATE: April 2, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Authorize the Interim City Manager to a exeQute a Purchase Order with Agee Construction Corporation in the amount of $175,269 for the procurement of Reinforced Concrete Pipe pursuant to Section 3-
10.250(m) of the City's Municipal Code.
Recommendation:
That the City Council adopt a Resolution authorizing the Interim City Manager to execute a Purchase Order with Agee Construction Corporation in the amount of $175,269 for procurement and delivery of reinforced concrete pipe pursuant to The City's Municipal Code, Section 3-10.250(m).
Background/Discussion:
The City is actively moving forward to construct the 36" sewer trunk main from the easterly City Limits to Wastewater Treatment Plant. Due to elevation conflicts with the sewer trunk main crossing Grassland Water District's San Luis Canal, the canal flows need to be rerouted through a new siphon constructed of reinforced concrete pipe (RCP). This "inwater" work needs to be completed in a 45-day window while the canal is dewatered for GWD maintenance activities which are scheduled between June 1-July 15, 2025.
Recognizing the long lead time for acquiring the concrete piping needed to construct the siphon, the City advertised for bid for procurement of the RCP as a separate item which would be supplied by the City to the selected Contractor for the sewer trunk line project.
A Notice to Bidders for the RCP was published in the Westside Express on January 29th and February 3rd with bids due February 20, 2025. In addition to our standard posting with the builder exchanges, staff sent the Notice to Bidders to several RCP pipe manufacturers and a local contractor. No bids were received.
ITEM 9
125
After consultation with the City Attorney, it was determined that in accordance with Section 3-10.250(m) of the City's Municipal Code, the City could proceed to have the services performed or the goods procured without further competitive bidding. Pursuant to this provision, staff negotiated with Agee Construction Corporation, who is currently under contract to construct the Pioneer/Ortigalita Intersection improvements, for the procurement of the needed RCP. The recommended Resolution authorizes the Interim City Manager to execute a Purchase Order with Agee Construction Corporation in the amount of $175,269 for the procurement of the RCP.
Fiscal Impact:
There are sufficient appropriations budgeted in Account No. 502-432-100-739 to fund the RCP procurement.
Reviewed by:
Interim City Manager
Attachment
Resolution
Brent Kuhn
Finance Department
Cost Proposal from Agee Construction Corporation
126
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE A PURCHASE ORDER WITH AGEE CONSTRUCTION
CORPORATION IN THE AMOUNT OF $175,269 FOR THE
PROCUREMENT OF REINFORCED CONCRETE PIPE PURSUANT
TO SECTION 3-10.250(m) OF THE CITY MUNICIPAL CODE
WHEREAS, The City of Los Banos has the responsibility to procure, manage, and maintain the City's wastewater, water and stormdrain utility infrastructure; and WHEREAS, In an effort to timely provide materials needed for the construction of the Final Kilometer Sewer Trunk Line Replacement (Project), the City desires to provide certain long-lead items to be provided by the City to the contractor selected to construct the Project; and
WHEREAS, Reinforced Concrete Pipe (RCP) has been identified as a long-lead item necessary to complete the Project within the construction window associated with construction activities within the San Luis Canal; and
WHEREAS, A Notice to Bidders for the RCP was published in the Westside Express on January 29, 2025 and February 5, 2025 with no bids received on the due date of February 20, 2025; and
WHEREAS, Section 3-10.250(m) of the Los Banos Municipal Code allows for goods and services to procured without further competitive bidding when no bids are received for the goods or services under the formal or informal bidding process; and WHEREAS, Due to long-lead time to secure the material, staff negotiated with Agee Construction Corporation, who is currently under contract to construct the Pioneer/Ortigalita Intersection improvements, for the procurement of the needed RCP; and
WHEREAS, Sufficient funds have been budgeted in Account No. 502-432-100- 739 to fund the Purchase Order for procurement of the RCP.
NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Los Banos authorize the Interim City Manager to execute a Purchase Order with Agee Construction for the procurement of RGP for the Project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of April, 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:
127
AYES:
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
128
Cost Proposal from Agee Construction Corporation
RGRCP Pipe Supply, Delivery and Unloading
RGRCP to meet ASTM C361-C25 standards and specifications, single gasket type.
RGRCP gaskets to meet ASTM 1619 standards and specifications, standard gasket type.
Item
No. Item Description Unit Quantity Unit Price Amount
1 Mobilization, Transportation and LS 1 $22,000.00 $22,000.00 Unloading at Location No. 1.
2 48" Diameter by Eight Foot (8') EA 50 $2,352.00 $117,600.00 Long RGRCP Pipe with single
spigot grove
ASTM C361- C25.
3 48" Diameter by Four Foot (4') EA 12 $2,352.00 $28,224.00 Long RGRCP Pipe with single
spigot grove
ASTM C361- C25.
5 48" Diameter RGRCP Gaskets, EA 68 $13.75 $935.00
standard type. ASTM C1619
6 15" Diameter by Eight Foot (8') EA 13 $495.00 $6,435.00 Long RGRCP Pipe with single
spigot grove
ASTM C361- C25.
7 15" Diameter RGRCP Gaskets, EA 15 $5.00 $75.00
standard type. ASTM C1619
TOTAL AMOUNT: ITEMS 1-7 $175,269.00
/ A~rlif-inn::,I rl-.~~~~ tn I 1~ 1~~r4 ;;it 1, 1 ~~ n,;n nn ~~ nso.oo - Location No. 2 129
THIS PAGE IS INTENTIONALLY LEFT BLANK
130
LOsBanos
\t the Cu I uul, o/ < t1l1/m ,11 ,
Agenda Staff Report
TO: Mayor Amabile & Council Members
FROM: Brent Kuhn, Financial Consultant
DATE: April 2, 2025
SUBJECT: Mid-Year Budget Review and Approval of a Resolution to Amend the 2024/2025 Budget
TYPE OF REPORT: Non-Consent Agenda
Recommendation:
Staff recommends that the City Council adopt a resolution to revise the budget for the 2024/2025 Fiscal Year as it pertains to changes in revenues and expenditures.
Background:
The primary purpose of the Mid-Year Budget Review is to review assumptions used in developing the fiscal year budget. Once reviewing these assumptions, it may be necessary to adjust these estimates. This review allows Staff the opportunity to determine if the City is on track or if adjustments are needed. It also provides an opportunity for staff to update the City Council on the major financial factors affecting the City's current fiscal year budget and make recommendations for amending the budget.
Discussion:
The Mid-Year Budget Review is developed using seven months of actual (unaudited) activity. The Finance Departmental projections of anticipated spending and revenue trends for the remainder of the fiscal year include using statistical data, economic analysis, professional judgement and expertise from economic consultants, professional organizations and other resources. The findings and adjustments will be discussed during the Council Meeting Presentation. The following items were key areas identified during this process that required additional discussion, otherwise the items identified in Exhibit A will be discussed during the Mid-Year Budget Presentation.
Police Overtime At the beginning of the current budget year, the Police Department estimated the Department overtime expense to remain consistent from the prior years. This fiscal year, an additional $312,548.00 was reduced out of the budget. In addition, the Police Department had a few events that affected the current overtime budget. The Police Department incurred additional overtime due to numerous staff vacancies, long term illnesses, vacation requests and training requirements ITEM 10A
131
for personnel. These time off requests required us to backfill positions at times to meet minimum staffing requirements set forth within the Los Banos Police Officers Memorandum of Understanding (MOU).
The Police Department has obligations to ensure safety and staffing at several community events in addition to staffing operations to effectively meet the needs of our community Although the department has 7 cadets graduating the academy, which should augment staffing in the next few months, no realized staffing gains will reduce overtime in the next few months. Currently the police department has lost 3 Officers to outside agencies in the past 2 months and these staffing shortages requires existing staff to fill those voids, thus increasing overtime expenses.
In addition to the core functions of the Police Department, the department also contracts with the School District and County Office of Education to staff High School events, participates in Traffic Safety Grants, and provided safety for community events. All of these activities are reimbursed to the City for overtime expenses.
As of current $622,157.51 has been expended in overtime costs for the current fiscal year. Labor and management have met and developed solutions to minimize overtime when feasible. As we look at the remainder of the fiscal year, we still have time off requests, mandatory trainings, workers comp coverages, potential critical incident responses and other sick coverages.
Fire Overtime At the beginning of the current budget year, the Fire Department estimated the Fire Department overtime expense to remain consistent from the prior years. This fiscal year, additional funding was reduced out of the budget. In addition, the Fire Department had several events that affected the current overtime budget. The Fire Department incurred additional overtime due to numerous California OES statewide responses, long term illnesses, vacation requests and training requirements for personnel. These time off requests required us to backfill positions at times to meet minimum staffing requirements set forth within the Firefighter Memorandum of Understanding (MOU).
The Fire department has been actively engaged in responding to incidents coordinated by the California Office of Emergency Services (OES). The Fire Department participates in statewide mutual aid where OES provides a fire engine for response and the department provides four (4) personnel.
This fiscal year we responded to several incidents throughout the State of California. This contributed to the need for overtime hours for responding personnel and to backfill vacant positions at home. We have received $288,000.00 in reimbursements from these deployments.
Although we have recently filled the Assistant Fire Chiefs position, prior to his arrival, Fire Captains assisted the Fire Chief in weekend Duty Officer coverage when needed. This incurred additional costs.
As of current $405,452.35 has been expended in overtime costs for the current fiscal year. Labor and management have met and developed solutions to minimize overtime when feasible. As we look at the remainder of the fiscal year, we still have time off requests, mandatory trainings, workers comp coverages and other sick coverages.
General Fund Staff analyzed the current Fiscal Year through January 31, 2025 with the exclusion of two (2) month of Sales Tax Remittances (due to the timing of the State's collection and remitting process). With fifty-eight percent (58.3%) of the year completed, General Fund revenues collected are Fifty percent (50%) of the budgeted amount. General Fund expenditures are fifty-three percent (53%) of the budgeted amount.
132
General Fund Revenues are projected to end the fiscal year within the current budget. The primary revenues growth continues to be property tax revenue and interest revenue; however, sales tax revenue is projected to be 4% below budgeted expectations. Given the complexities of the current macroeconomic environment, projecting for revenues outside of general tax revenue is not an exact science.
The projections for revenues are based on the most recent economic information available to the City and actual revenue distributions known at the time of the preparation of this report. The FY 2024/2025 Adopted Budget General Fund revenues were developed by incorporating the assumption of continued fiscal uncertainty, and the most recent activity demonstrates continued economic recovery and increased general tax revenue growth has slowed. Therefore, the City still needs to exercise caution regarding future budgetary decisions due to the uncertainties affecting the overall economy.
The Mid-Year Budget Review continues to project a surplus for the General Fund and project an operating surplus for the Enterprise Funds.
Staff is requesting to increase General Fund revenues by $1,605,387.04 and expenditures by a total of $833,731 and Measure H Fund expenditures by a total of $364,265.12. Staff is also requesting to decrease Special Revenue Fund expenditures by a total of $1,745,602.73 increase Enterprise Fund expenditures by a total of $73,710.65, increase Capital Project Funds expenditures by a total of $1,255,000 and decrease Internal Service Fund expenditures by a total of $319,992.52. The detail of the expenditures and transfers of the requested mid-year changes to the City-wide budget are outlined in Exhibit A.
The City's overall financial position at Mid-Year will be further discussed during the April 2nd MidYear Budget Review Presentation, including additional changes to the budget not highlighted in this report.
Fiscal Impact:
Attached to the resolution is a schedule showing a detailed account of the requested changes to the Budget for the 2024/2025 Fiscal Year.
Reviewed by:
Attachments:
Resolution
Exhibit A- Mid-year Budget Adjustments
133
RESOLUTION NO. __
A RESOLUTION OF THE CITY OF LOS BANOS ADOPTING A REVISED BUDGET FOR THE 2024/2025 FISCAL YEAR AS IT PERTAINS TO
EXPENDITURES AND REVENUES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2024/2025 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2024/2025 Fiscal Year by action to amend the budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the 2024/2025 Fiscal Year Budget shown in "Exhibit A".
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 2nd day of April, by Council Member _____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Michael S Amabile, Mayor
ATTEST:
ludlle L. Maflonee, City Clerk
134
EXHIBIT A
Fund Account# Account Description Adjustment Reason for Adjustment
REVENUES
100 100-000-3 3 4-0 IO State Grant $ 91,050.00 To roll over unearned funding for the Merced Co. Tobacco Grant To correct revenue amount to actual amount budgeted in Enterprise 100 100-000-363-050 Rental - Land $ (41,662.96) Property Lease Expenditure To correct charge ins - outs for Facility Maintenance and department 605 605-000-341-060 Building Maint. Service Charge $ (321,300.00) specific expense 100 100-000-499-000 Transfer In $ 556,000.00 To transfer out interest from ARPA to General Fund 100 100-000-499-000 Transfer In $ 1,000,000.00 To close out Police Station Capital Projects Fund
EXPENDITURES
502 502-432-990-753 Specialized Equipment $ (66,000.00) To remove expenditures that were in the budget by error. 100 100-410-100-240 I.T. Services $ 5,543.00 To included capital portion ofIT budget allocated to departments 100 100-419-100-240 I.T. Services $ 2,376.00 To included capital portion ofIT budget allocated to departments 100 100-421-140-240 I.T. Services $ 37,040.00 To included capital portion ofIT budget allocated to departments 100 l 00-422-100-240 I.T. Services $ 9,669.00 To included capital portion ofIT budget allocated to departments 100 100-426-100-240 I.T. Services $ 380.00 To included capital portion ofIT budget allocated to departments 100 100-431-210-240 I.T. Services $ 1,537.00 To included capital portion ofIT budget allocated to departments 100 100-451-240-240 I.T. Services $ 5,250.00 To included capital portion ofIT budget allocated to departments 100 l 00-452-100-240 I.T. Services $ 2,110.00 To included capital portion ofIT budget allocated to departments 236 236-421-100-240 I.T. Services $ 11,149.00 To included capital portion ofIT budget allocated to departments 238 238-422-100-240 I.T. Services $ 3,240.00 To included capital portion ofIT budget allocated to departments 501 501-410-100-240 I.T. Services $ 4,795.00 To included capital portion ofIT budget allocated to departments 501 501-461-100-240 I.T. Services $ 1,491.00 To included capital portion ofIT budget allocated to departments 502 502-410-100-240 I. T. Services $ 4,795.00 To included capital portion ofIT budget allocated to departments 502 502-432-100-240 I.T. Services $ 1,491.00 To included capital portion ofIT budget allocated to departments 502 502-433-100-240 I.T. Services $ 1,424.00 To included capital portion ofIT budget allocated to departments 510 510-410-100-240 I.T. Services $ 4,795.00 To included capital portion ofIT budget allocated to departments 510 510-490-100-240 I.T. Services $ 1,491.00 To included capital portion ofIT budget allocated to departments 510 510-490-210-240 I.T. Services $ 1,424.00 To included capital portion ofIT budget allocated to departments 100 100-410-100-250 Insurance $ 3,879.01 To correct Insurance line to actual numbers 100 100-419-100-250 Insurance $ (7,525.00) To correct Insurance line to actual numbers 100 100-419-120-250 Insurance $ 2,299.17 To correct Insurance line to actual numbers 100 100-421-140-250 Insurance $ 36,775.14 To correct Insurance line to actual numbers 100 100-422-100-250 Insurance $ 4,435.22 To correct Insurance line to actual numbers 100 I 00-424-100-250 Insurance $ 44.80 To correct Insurance line to actual numbers 100 100-426-100-250 Insurance $ 498.36 To correct Insurance line to actual numbers 100 100-429-100-250 Insurance $ 13,094.48 To correct Insurance line to actual numbers 100 100-431-210-250 Insurance $ 10,566.56 To correct Insurance line to actual numbers 100 100-451-240-250 Insurance $ 2,935.65 To correct Insurance line to actual numbers 100 100-452-100-250 Insurance $ (10,672.00) To correct Insurance line to actual numbers 101 101-421-290-250 Insurance $ 814.93 To correct Insurance line to actual numbers 101 101-421-291-250 Insurance $ 5,038.65 To correct Insurance line to actual numbers 101 101-422-290-250 Insurance $ 5,124.29 To correct Insurance line to actual numbers 101 101-429-290-250 Insurance $ 2,515.89 To correct Insurance line to actual numbers 101 101-451-290-250 Insurance $ 1,071.36 To correct Insurance line to actual numbers 287 287-458-200-250 Insurance $ 60.52 To correct Insurance line to actual numbers 290 290-421-100-250 Insurance $ 316.10 To correct Insurance line to actual numbers 291 291-422-100-250 Insurance $ 5,933.41 To correct Insurance line to actual numbers 501 501-410-100-250 Insurance $ 1,743.56 To correct Insurance line to actual numbers 501 501-461-100-250 Insurance $ 31,383.37 To correct Insurance line to actual numbers 502 502-410-100-250 Insurance $ 1,551.16 To correct Insurance line to actual numbers 502 502-432-100-250 Insurance $ 3,819.53 To correct Insurance line to actual numbers 502 502-433-100-250 Insurance $ 21,212.95 To correct Insurance line to actual numbers 505 505-435-100-250 Insurance $ 2,847.99 To correct Insurance line to actual numbers 135
EXHIBIT A
Fund Account# Account Description Adjustment Reason for Adjustment 510 510-410-100-250 Insurance $ 1,532.62 To correct Insurance line to actual numbers 510 510-490-100-250 Insurance $ 2,280.44 To correct Insurance line to actual numbers 510 510-490-210-250 Insurance $ 5,782.03 To correct Insurance line to actual numbers 601 601-480-210-250 Insurance $ 1,973.21 To correct Insurance line to actual numbers 605 605-427-100-250 Insurance $ 200.27 To correct Insurance line to actual numbers 610 610-410-100-250 Insurance $ (866.00) To correct Insurance line to actual numbers 100 100-4 21-140-720 Building & Structures $ 93,703.00 To roll over unspent funding for Police Range Remodel 100 100-421-140-270 Special Programs $ 22,214.55 To roll over unspent funding for the Ca Wellness Funding Grant JOO 100-421-180-103 Overtime $ 58,048.92 To roll over unspent funding for the Merced Co. Tobacco Grant 100 100-421-180-120 Benefits $ 27,863.48 To roll over unspent funding for the Merced Co. Tobacco Grant 100 100-421-180-257 Travel & Training $ 4,867.00 To roll over unspent funding for the Merced Co. Tobacco Grant 100 100-421-180-273 Special Expenses $ 270.60 To roll over unspent funding for the Merced Co. Tobacco Grant 100 100-429-160-238 Technical Services $ 437.00 To roll over unspent funding for the Maddie Fund Grant 100 100-429-160-270 Special Programs $ 6,810.00 To roll over unspent funding for the Petco Grant 100 100-429-170-270 Special Programs $ 38,158.00 To roll over unspent funding for the UC Davis $100K Grant 100 100-429-170-103 Overtime $ 8,000.00 To roll over unspent funding for the UC Davis $1 O0K Grant 100 100-429-160-270 Special Programs $ 3,032.50 To roll over unspent Animal Shelter donations from FY 2023-2024 100 l 00-429-170-273 Special Departmental Services $ 4,568.00 To roll over unspent funding for the UC Davis $50K Grant 207 207-430-2 l 0-820 Charge-In $ (442,846.35) To correct line item to reflect actual Streets Budget charge-out 100 100-452-100-726 Misc. Improvements $ 21,500.00 Henry Miller Light project 101 101-451-290-747 Park & Playground Equip. $ 24,500.00 To roll over installation cost not completed in FY 23/24 for Gardens III 100 100-451-240-23 l Professional Services $ 10,900.00 To cover normal operating costs for included in the budget To cover water usage for Pacheco Park that was connected to City water 100 100-452-100-213 Water, Sewage, and Disposal $ 40,000.00 services 281 281-458-200-747 Park & Playground Equip. $ 9,300.00 To cover broken slide at Meadowlands Park II To transfer appropriations for the Right of Way purchase for the 229 229-430-100-716 Street Road Improvements $ (239,622.10) Ortigalita/Pioneer Intersection To transfer appropriations for the Right of Way purchase for the 229 229-430-100-710 Land Purchase $ 239,622.10 Ortigalita/Pioneer Intersection 100 100-419-120-JO l Salaries $ 35,000.00 To correct Salaries budgeted incorrectly 100 100-431-210-10 l Salaries $ 102,338.00 To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 100 100-431-210-120 Benefits $ 84,150.00 To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 100 100-431-210-121 Benefits-PERS $ 8,372.00 To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 100 100-452-100-10 l Salaries $ (51,169.00) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 100 l 00-452-100-120 Benefits $ (42,075.00) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 100 100-452-100-121 Benefits-PERS $ (4,186.00) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 501 501-461-100-101 Salaries $ (25,584.50) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 501 501-461-100-120 Benefits $ (21,037.50) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 501 501-461-100-121 Benefits-PERS $ (2,093.00) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 502 502-432-100-10 l Salaries $ (25,584.50) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 502 502-432-100-120 Benefits $ (21,037.50) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 502 502-432-100-121 Benefits-PERS $ (2,093.00) To correct (2) Maintenance I Salaries/Benefits budgeted incorrectly 100 100-495-100-900 Contingency $ (206,000.00) To adjust for salaries 100 100-410-100-101 Salaries $ 148,000.00 To adjust for City Manager Severance pay 100 100-419-120-101 Salaries $ 58,000.00 To correct Salaries budgeted incorrectly 101 101-429-290-101 Salaries $ 64,000.00 To correct Salaries budgeted incorrectly 100 100-431-210-726 Misc. Improvements $ (85,000.00) F Street Paving 100 100-452-100-726 Misc. Improvements $ (85,000.00) F Street Paving 510 510-490-100-726 Misc. Improvements $ (85,000.00) F Street Paving 306 306-430-100-238 Technical Services $ (60,000.00) F Street Paving 306 306-430-100-726 Misc. Improvements $ 315,000.00 F Street Paving 206 206-498-000-000 Transfer Out $ (556,000.00) To transfer out interest from ARPA to General Fund 323 323-498-000-000 Transfer Out $ (1,000,000.00) To close out Police Station Capital Projects Fund To transfer appropriations for the AG Sports Complex project out of Park 250 250-454-220-717 Landscape & Irrigation $ (1,940,418.00) Fund into ARPA 206 206-410-100-720 Building & Structures $ (2,322,052.00) To transfer appropriations within the ARPA fund to proper line item 136
EXHIBIT A
Fund Account# Account Description Adjustment Reason for Adjustment To transfer appropriations within the ARPA fund to proper line item and 206 206-410-100-726 Misc. Improvements $ 3,061,400.00 increase for Pacheco Park project 230 230-430-220-735 Master Plan & Rate Study $ (162,000.00) Master plans and Rate Studies are not capital 501 501-461-100-735 Master Plan & Rate Study $ (250,000.00) Master plans and Rate Studies are not capital 502 502-432-100-735 Master Plan & Rate Study $ (260,000.00) Master plans and Rate Studies are not capital 505 505-435-100-735 Master Plan & Rate Study $ (150,000.00) Master plans and Rate Studies are not capital 605 605-427-100-735 Master Plan & Rate Study $ (273,400.00) Master plans and Rate Studies are not capital 230 230-430-220-231 Professional Service $ 162,000.00 Master plans and Rate Studies are not capital 501 501-461-100-231 Professional Service $ 250,000.00 Master plans and Rate Studies are not capital 502 502-432-100-231 Professional Service $ 260,000.00 Master plans and Rate Studies are not capital 505 505-435-100-231 Professional Service $ 150,000.00 Master plans and Rate Studies are not capital 605 605-427-100-231 Professional Service $ 273,400.00 Master plans and Rate Studies are not capital 100 100-419-100-720 Building & Structures $ (235,000.00) Master plans and Rate Studies are not capital 100 100-419-100-231 Professional Service $ 235,000.00 Master plans and Rate Studies are not capital Leaf machine ordered I 0/23 expected 04/24 arrived I 0/24, budget not 510 510-490-100-753 Specialized Equipment $ 62,500.00 rolled over paid first $120,000 need to pay balance NSP Program Income is to be returned quarterly and was not done since 294 294-463-100-238 Technical Services $ 135,000.00 2nd qtr. FY 22/23 100 100-410-100-231 Professional Services $ 125,000.00 Additional expense for PRA's 501 501-410-100-231 Professional Services $ 13,000.00 Additional expense for PRA's 502 502-410-100-231 Professional Services $ 13,000.00 Additional expense for PRA's 510 510-410-100-231 Professional Services $ 13,000.00 Additional expense for PRA's 100 100-410-100-232 Service Charge $ 8,000.00 Credit Card Fees 501 501-410-100-232 Service Charge $ 33,000.00 Credit Card Fees 502 502-410-100-23 2 Service Charge $ 33,000.00 Credit Card Fees 510 510-410-100-232 Service Charge $ 33,000.00 Credit Card Fees 501 501-410-100-239 Elections $ 4,427.00 Nov 2024 Elections came in more than anticipated - Recall 502 502-410-100-239 Elections $ 4,427.00 Nov 2024 Elections came in more than anticipated - Recall 510 510-410-100-239 Elections $ 4,427.00 Nov 2024 Elections came in more than anticipated - Recall 100 I 00-452-100-825 Charge-Out $ (150,908.44) To correct charge ins - outs for LLD budgeted incorrectly 271 271-458-200-820 Charge In $ 8,992.37 To correct charge ins - outs for LLD budgeted incorrectly 272 272-458-200-820 Charge In $ 1,911.82 To correct charge ins - outs for LLD budgeted incorrectly 273 273-458-200-820 Charge In $ 4,148.92 To correct charge ins - outs for LLD budgeted incorrectly 274 274-458-200-820 Charge In $ 2,813.40 To correct charge ins - outs for LLD budgeted incorrectly 275 275-458-200-820 Charge In $ 1,328.05 To correct charge ins - outs for LLD budgeted incorrectly 276 276-458-200-820 Charge In $ 436.88 To correct charge ins - outs for LLD budgeted incorrectly 277 277-458-200-820 Charge In $ 335.29 To correct charge ins - outs for LLD budgeted incorrectly 279 279-458-200-820 Charge In $ 45,742.39 To correct charge ins - outs for LLD budgeted incorrectly 280 280-458-200-820 Charge In $ 798.56 To correct charge ins - outs for LLD budgeted incorrectly 281 281-458-200-820 Charge In $ 8,561.21 To correct charge ins - outs for LLD budgeted incorrectly 282 282-458-200-820 Charge In $ 2,011.06 To correct charge ins - outs for LLD budgeted incorrectly 283 283-458-200-820 Charge In $ 808.89 To correct charge ins - outs for LLD budgeted incorrectly 284 284-458-200-820 Charge In $ 4,774.74 To correct charge ins - outs for LLD budgeted incorrectly 285 285-458-200-820 Charge In $ 45.89 To correct charge ins - outs for LLD budgeted incorrectly 286 286-458-200-820 Charge In $ 274.62 To correct charge ins - outs for LLD budgeted incorrectly 137
EXHIBIT A
Fund Account # Account Description Adjustment Reason for Adjustment 287 287-458-200-820 Charge In $ 7,409.72 To correct charge ins - outs for LLD budgeted incorrectly 288 288-458-200-820 Charge In $ 2,185.26 To correct charge ins - outs for LLD budgeted incorrectly 289 289-458-200-820 Charge In $ 1,735.52 To correct charge ins - outs for LLD budgeted incorrectly • To correct charge ins - outs for Facility Maintenance and department 605 605-427-100-101 Salaries $ (151,200.00) specific expense To correct charge ins - outs for Facility Maintenance and department 605 605-427-100-120 Benefits $ (120,100.00) specific expense To correct charge ins - outs for Facility Maintenance and department 605 605-427-100-121 Benefits PER $ (10,000.00) specific expense To correct charge ins - outs for Facility Maintenance and department 605 605-427-100-205 Facility Maintenance $ (13,000.00) specific expense To correct charge ins - outs for Facility Maintenance and department 605 605-4 27-100-720 Building and Structures $ (27,000.00) specific expense To correct charge ins - outs for Facility Maintenance and department 100 100-451-240-214 Building/Structure Maint. $ 31,400.00 specific expense To correct charge ins - outs for Facility Maintenance and department 100 100-452-100-214 Building/Structure Maint. $ 74,200.00 specific expense To correct charge ins - outs for Facility Maintenance and department 101 101-451-290-214 Building/Structure Maint. $ 201,200.00 specific expense To correct charge ins - outs for Facility Maintenance and department 505 505-435-100-214 Building/Structure Maint. $ 14,500.00 specific expense 100 100-422-100-103 Overtime $ 100,000.00 To increase overtime for year end projections 101 I 01-422-290-103 Overtime $ 20,000.00 To increase overtime for year end projections 238 238-422-100-103 Overtime $ 125,000.00 To increase overtime for year end projections 291 291-422-100-103 Overtime $ 50,000.00 To increase overtime for year end projections 100 100-421-140-103 Overtime $ 220,000.00 To increase overtime for year end projections 101 101-421-290-103 Overtime $ 40,000.00 To increase overtime for year end projections 100 l 00-4 29-100-103 Overtime $ 3,000.00 To increase overtime for year end projections 290 290-421-100-103 Overtime $ 20,000.00 To increase overtime for year end projections 138
LOsBanos ·\t tit • Crossroad3 of C ,,li/on11a
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Gary Brizzee, Interim City Manager t?..t,1..,~
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: April 2, 2025
SUBJECT: Appointments to the Valley-wide Special City Selection Committee Associated with the San Joaquin Valley Air Pollution Control District (SJVAPCD)
TYPE OF REPORT: Agenda Item
RECOMMENDATION:
Appoint Council Member(s) as a Committee Member and Alternate Committee Member as requested on the attached email from the SJVAPCD.
DISCUSSION:
At the June 5, 2019 City Council Meeting, Council Member Lewis was appointed to the Valley-wide Special Selection Committee, with Council Member Jones appointed as the Alternate.
FISCAL IMPACT:
None
ATTACHMENTS:
February 3, 2025 email from SJVAPCD
ITEM 11
139
Lucy Mallonee
From: Katrina Rojas < [email protected] >
Sent: Monday, February 3, 2025 9:54 AM
To: Lucy Mallonee
Subject: Please Review and Respond: SJV SPECIAL CITY SELECTION COMMITTEE Attachments: SJV SPECIAL CITY SELECTION COMMITTEE DIRECTORY 1.2025.pdf Good morning City Clerks of the San Joaquin Valley,
My name is Katrina Rojas and I am the Deputy Clerk to the Boards for the San Joaquin Valley Air Pollution Control District.
We are tentatively planning to convene a meeting of the SJV Special City Selection Committee to fill a vacancy for a Small City Representative to our District's Governing Board. Our tentative meeting date for the Special City Selection Committee to convene will be in late April.
In order to begin our reappointment/meeting process, we need to confirm that the information listed for your city's representatives on the SJV Special City Selection Committee are still accurate. At your earliest convenience, please respond with the following:
• Please review the attached roster of SJV Special City Selection Committee members for the names of representatives that we currently have on file for your city. Please review their contact information and reply with any updates so that we may follow up with the members directly once we have a scheduled meeting date. • If your city's representative is incorrect, and new Committee member appointments are needed, please have your City Council appoint new Primary/Alternate representatives as soon as possible and send a signed Resolution or Minute Order to me via email to reflect this action. In addition, please include any new Committee members' contact information (cell phone/email address) so that we may follow up with them as we confirm the meeting dates.
If you anticipate a change in your representative please indicate when your office will be appointing the new members to this committee.
I appreciate your prompt attention to this request. Please feel free to contact me with any questions or
concerns.
1 140
Best,
Katrina Rojas
Deputy Clerk to the Board
San Joaquin Valley Air Pollution Control District
1990 E. Gettysburg Avenue I Fresno, CA 93726
P. 559.230.6001 I c. 559.908.8226
■ San Joaquin Valley - AIR POLLUTION CONTROL DISTRICT.
■ • ca C:J rm
2 141
CITY
Arvin
Atwater
Avenal
Bakersfield
Ceres
Chowchilla
Clovis
Coalinga
Corcoran
01/31/2025 11 :47 am
San Joaquin Valley Air Pollution Control District
Special City Selection Committee Directory
I CLERK AND CONTACT INFORMATION I COMMITTE MEMBERS
Cecilia Vela, City Clerk COMMITTEE MEMBER:
P.O. Box 548 Mayor Olivia Trujillo
Arvin, CA 93203
6615575840 [email protected]
(661)854-3134 Ext: ALTERNATE: Councilmember Donny Horton [email protected] 6619031522 [email protected]
Kory Billings, City Clerk COMMITTEE MEMBER:
11650 5th Street
Councilmember Danny Ambriz
Atwater, CA 95301 [email protected]
(209)357-6317 Ext: ALTERNATE: Councilmember Tyler Button [email protected] [email protected]
Maria Ortiz, City Clerk COMMITTEE MEMBER: Councilmember Alvaro Preciado 919 Skyline Blvd
Avenal, CA 93204
559381334 7 [email protected]
(559)386-5782 Ext: ALTERNATE: Richard Verdugo
[email protected] [email protected]
Julie Drimakis, City Clerk COMMITTEE MEMBER:
1600 Truxton
Councilmember Eric Arias
Bakersfield, CA 93301
6613330753 [email protected]
(661)326-3767 Ext: ALTERNATE: Councilmember Manpreet Kaur jdrimakis@bakersfie/dcity.us 6615780626 [email protected] Fallon Martin, City Clerk COMMITTEE MEMBER: Councilmember James Casey 2220 Magnolia Street Ceres, CA 95307 [email protected]
(209)538-5731 Ext: ALTERNATE: Vacant
[email protected]
Joanne McClendon, City Clerk COMMITTEE MEMBER:
130 S. Second Street, Civic Center Plaza
Jeff Troost
Chowchilla, CA 93610
5592233091 jtroost@CityOfChowchi/la.org
(559)665-8615 Ext: 102 ALTERNATE: Councilmember Kelly Smith cityc/[email protected] 5592673534 [email protected] Briana Parra, City Clerk
COMMITTEE MEMBER:
1033 5th St
Councilmember Drew Bessinger
Clovis, CA 93612
5593242063 [email protected]
(559)324-2057 Ext: ALTERNATE: Councilmember Diane Pearce [email protected] 5593242060 [email protected] Shannon Jensen, City Clerk
COMMITTEE MEMBER:
155 W Durian Mayor James Hom
Coalinga, CA 93210
5594101137 [email protected]
(559)935-1533 Ext: 113 ALTERNATE: Mayor Pro Tern Jose {Manny) Ramirez [email protected] [email protected]
Marlene Spain, City Clerk
COMMITTEE MEMBER:
832 Whitley Ave
Councilmember Patricia Nolan
Corcoran, CA 93212
5596398199 [email protected]
(559)992-2151 Ext: 5 ALTERNATE: Councilmember Jerry Robertson mar/ene. [email protected]
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CITY I CLERK AND CONTACT INFORMATION COMMITTE MEMBERS
Ricardo Chavez, City Clerk COMMITTEE MEMBER:
PO Box 3010
Mayor Pro Tern Salvador Solorio-Ruiz
Delano Delano, CA 93215
6613874231 [email protected]
(661) 720-2228 Ext: ALTERNATE: Councilmember Veronica Vasquez [email protected] 6612924018 [email protected] Maria Alaniz, Interim City Clerk COMMITTEE MEMBER: Councilmember Kuldip Thusu Dinuba 405 E. El Monte
Dinuba, CA 93618
5592881871 [email protected]
(559)591-5900 Ext: 108 ALTERNATE: Mayor Linda Launer
[email protected] [email protected]. gov
Ysidro Garcia, City Clerk
COMMITTEE MEMBER: Councilmember Debbie Orlando 2174 Blossom Street Dos Palos Dos Palos, CA 93620 2093922174 [email protected]
(209)392-2174 Ext: ALTERNATE: Vacant
[email protected]
Jaylen French, City Clerk COMMITTEE MEMBER: Mayor Andrew Hagan Escalon 2060 McHenry Ave
Escalon, CA 95320 2096917 412 [email protected]
(209)691-7400 Ext: ALTERNATE: Mayor Pro Tern Malinda Walker [email protected] 2096917 413 mwalker@cityofesca/on.org Francesca Quintana, City Clerk/Human Resour
COMMITTEE MEMBER: Councilmember Frankie Alves P.O. Box 237 Exeter Exeter, CA 93221 5596232350 [email protected]
(559)592-9244 Ext: 100 ALTERNATE: Public Works Director vacant [email protected]
Rochelle Giovani, City Clerk
COMMITTEE MEMBER: 909 W. Visalia Road Councilmember Greg Gomez Farmersville Farmersville. CA 93223 [email protected] (559)747-0458 Ext: ALTERNATE: Mayor Tina Hernandez
[email protected] 5597502053 [email protected] Rita Lozano, Deputy City Clerk
COMMITTEE MEMBER: 1133 "P" Street Mayor Felipe Perez
Firebaugh Firebaugh, CA 93622
5594166438 [email protected]
( 559)659-2043 Ext: 5 ALTERNATE: Mayor Pro Tern Elsa Lopez [email protected] 5595176899 [email protected]
Angela Vasquez, Deputy City Clerk
COMMITTEE MEMBER: 128 S. 5th St Councilmember Amarjit Gill Fowler Fowler. CA 93625
5599672888 [email protected]
(559)834-3113 Ext: ALTERNATE: Councilmember Leonard Hammer [email protected]. us ljammer@ci. fowler. ca. us
Todd Stermer, City Clerk
COMMITTEE MEMBER: 2600 Fresno Street, Room 2133 Councilmember Miguel Arias Fresno Fresno, CA 93721 5596217834 [email protected] (559)621-7650 Ext: ALTERNATE: Vacant
todd. [email protected]
Melanie Correa, Deputy City Clerk
COMMITTEE MEMBER: Councilmember Blake Giles
Gustine P.O. Box 16
Gustine, CA 95322 2096780489 [email protected]
(209)854-6471 Ext: ALTERNATE: Councilmember Rich Ford
[email protected] 2092058043 [email protected]; richfordii@s 01/31/2025 11 :47 am
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CITY I CLERK AND CONTACT INFORMATION COMMITTE MEMBERS
Natalie Corral, City Clerk COMMITTEE MEMBER: Mayor Travis Paden Hanford 319 N. Douty St
Hanford, CA 93230
5593813096 [email protected]
(559)585-2517 Ext: ALTERNATE:
[email protected]
Ashton Gose, Deputy City Clerk
COMMITTEE MEMBER: Councilmember Sam Rush
P.O. Box 9 Hughson Hughson, CA 95326
2095816409 [email protected]
(209)883-4054 Ext: ALTERNATE: Councilmember Julie Strain [email protected] 4084839308 [email protected]
Juanita Veliz, Administrative Assistant
Huron P.O. Box 339
COMMITTEE MEMBER: Councilmember Roberto Pimentel
Huron, CA 93234
5598168703 profe_ [email protected]
(559)945-2241 Ext: 3 ALTERNATE: Councilmember Hilda Plasencia [email protected] 5599452241 [email protected] Josie Camacho, City Clerk COMMITTEE MEMBER: Councilmember Berdie Hall Kerman 850 S. Madera
Kerman, CA 93630
[email protected]
(559)846-9380 Ext: ALTERNATE: Mayor Maria Pacheco
[email protected] [email protected]
Abigail Palsgaard, City Clerk
COMMITTEE MEMBER:
1401 Draper St Councilmember David Silva
Kingsburg Kingsburg, CA 93631
55 [email protected]
(559)897-6520 Ext: ALTERNATE: Councilmember Staci Smith [email protected] [email protected] Teresa Vargas, Deputy City Clerk
COMMITTEE MEMBER: Councilmember Stephen Dresser 390 Towne Centre Dr Lathrop Lathrop, CA 95330 2093193039 [email protected]
(209)941-7230 Ext: ALTERNATE: Mayor Paul Akinjo
[email protected]. us 2099920025 [email protected] Marisa Avalos, City Clerk
COMMITTEE MEMBER: Councilmember Patricia Matthews
Lemoore 711 W. Cinnamon Drive
Lemoore, CA 93245 5599246744 [email protected]
(559)924-67 44 Ext: 700 ALTERNATE: Councilmember David Orth [email protected] 5599246744 [email protected]
Maegan Paton, City Clerk and Assistant to the
COMMITTEE MEMBER:
P.O. Box 369 Adriana Nave
Lindsay Lindsay, CA 93247
5593398530 [email protected]. us
(559)562-7102 Ext: 803 ALTERNATE: Joe Soria
[email protected] 5599203973 [email protected]
Monica Cisneros, Deputy City Clerk
COMMITTEE MEMBER: Councilmember Jason Roth
Livingston 1416 "C" Street
Livingston, CA 95334 2097567018 [email protected] (209)394-5544 Ext: ALTERNATE: Mayor Pro Tern Gurpal Samra mcisneros@/ivingstoncity.com [email protected]
Olivia Nashed, City Clerk
COMMITTEE MEMBER: P.O. Box 3006 Mayor Lisa Craig
Lodi Lodi, CA 95241 2093335513 [email protected]
(209)333-6702 Ext: ALTERNATE: Mayor pro tempore Cameron Bregman [email protected] 295033278 [email protected]
01/31/2025 11 :47 am
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CITY I CLERK AND CONTACT INFORMATION COMMITTE MEMBERS
°"~ Los Banos
Lucy Mallonee, City Clerk COMMITTEE MEMBER: Councilmember Deborah Lewis 520 J St .. Los Banos, CA 93635
2098299441 [email protected] /
(209)827-2412 Ext: 124 ALTERNATE: Councilmember Bfelldonc3 lucy.mal/[email protected] ~ QQ~Ss~;i;ee- MH.,is~ss@!},fee9en '"~·"' g Alicia Gonzales, City Clerk COMMITTEE MEMBER: Mayor Santos Garcia Madera 205 West Fourth Street
Madera, CA 93637
5597088484 [email protected]
(559)661-5405 Ext: ALTERNATE: Council Member Anita Evans [email protected] 9033051965 [email protected]
Cassandra Tilton-Candini, City Manager COMMITTEE MEMBER: Vice Mayor Charlie Halford Manteca 1001 West Center St
Manteca, CA 95337
2098154105 [email protected]
(209)456-8017 Ext: ALTERNATE: Councilmember David Breitenbucher [email protected]. us [email protected]
Meghan Anderson, City Clerk COMMITTEE MEMBER:
P.O. Box 550 Mayor Pro Tern Virgil Bell
Maricopa Maricopa, CA 93252 6614440890
(661) 769-8279 Ext: ALTERNATE:
[email protected]
Erica De La Cruz, City Clerk
COMMITTEE MEMBER: 401 W Kern St Councilmember Amador Ayon McFarland McFarland, CA 93250 6615439264 [email protected] (661)792-3091 Ext: ALTERNATE: Councilmember Anita Gonzalez [email protected] 6615439216 [email protected] Celeste Cabrera-Garcia, City Clerk
COMMITTEE MEMBER: Councilmember Oscar Rosales
Mendota 643 Quince St
Mendota, CA 93640 5598608583 [email protected] (559)655-4298 Ext: ALTERNATE: Councimember Jose Alonso
[email protected] 5594 766872 ja/[email protected] Scott McBride, City Clerk
COMMITTEE MEMBER: 678 W 18th Street, 1st Floor Councilmember Matt Serrato Merced Merced, CA 95340 2096280101 [email protected] (209)388-8650 Ext: ALTERNATE: Councilmember Shane Smith [email protected] 3104222783 [email protected] Dana Sanchez, Interim City Clerk
COMMITTEE MEMBER: Councilmember Chris Ricci
Modesto P.O. Box642
Modesto, CA 95353 2095715597 [email protected]
(209)577-5397 Ext: AL TERNA TE: Councilmember Eric Alvarez [email protected] [email protected]
Mike Maier, Deputy City Clerk
COMMITTEE MEMBER: P.O. Box 787 Councilmember Gisel Pimentel Newman Newman, CA 95360 209862121 O [email protected] (209)862-3725 Ext: ALTERNATE: Councilmember Matthew Harden [email protected] 2096134690 [email protected] Colleen Anderson, City Clerk
COMMITTEE MEMBER: Mayor Cherilyn Bairos
Oakdale 280 N. Third Ave
Oakdale, CA 95361 2098453694 [email protected]
(209)845-3573 Ext: ALTERNATE: Vacant
candersen@ci. oak dale. ca. us
01/31/2025 11 :47 am
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CITY I CLERK AND CONTACT INFORMATION COMMITTE MEMBERS
Cynthia Cisneros, City Clerk
COMMITTEE MEMBER:
633 6th St Mayor Diana Guerra Silva
Orange Cove Orange Cove, CA 93646
5598598365
( 559)626-4488 Ext: 214 ALTERNATE:
[email protected]
Dorothy Garza, City Clerk
COMMITTEE MEMBER:
1100 East Partier Mayor Alma Beltran
Parlier Partier, CA 93648
5593569889 [email protected]. us
( 559)646-3545 Ext: 227 ALTERNATE: Sonia Hall
[email protected]. us [email protected]. us
Alegre Aracely, City Clerk
COMMITTEE MEMBER:
P.O. Box 667 Councilmember Dominic Farinha
Patterson Patterson, CA 95363 2095730916 [email protected]. us (209)895-8014 Ext: AL TERNA TE: Councilmember Jessica Romero [email protected]. us 2096205124 [email protected]. us Patrice Hildreth, City Clerk
COMMITTEE MEMBER: 291 N. Main Councilmember Don Weyrauch Porterville Porterville, CA 93257 5593101831 [email protected] ( 559) 782-7 464 Ext: ALTERNATE: Greg Meister
cityc/[email protected]. us 5597929277 [email protected]. us Ruthie Greenwood, City Clerk
COMMITTEE MEMBER: 1717 9th St Councilmember Suzanne Byers Reedley Reedley, CA 93654 [email protected]. gov
(559)637-4200 Ext: 212 ALTERNATE: Councilmember Anita Betancourt ruthie.greenwood@reed/ey.ca.gov 5593975820 gilbertanita 70@ao/.com Lisa Roos, City Clerk
COMMITTEE MEMBER:
Ripon 259 N. Wilma Ave Mayor Leo Zuber
Ripon, CA 95366 2096145807 [email protected]
(209)599-2108 Ext: ALTERNATE:
[email protected]
Kathy L. Teixeira, Interim City Clerk
COMMITTEE MEMBER: Councilmember Darlene Barber-Martinez Riverbank 6707 Third St
Riverbank, CA 95367 2097199254 [email protected] (209)863-7198 Ext: ALTERNATE: Councilmember Luis Uribe
[email protected] 2097199255 [email protected] Matthew Flood, City Clerk
COMMITTEE MEMBER:
San Joaquin P.O. Box 758 Councilmember Christina Covarrubia San Joaquin, CA 93660 5593534956 [email protected] ( 559)693-4311 Ext: 16 ALTERNATE: Mayor Pro Tern Julia Hernandez [email protected] 5595384059 [email protected] Rebecca Padron, City Clerk
COMMITTEE MEMBER: Mayor Frank Gonzalez
Sanger 1700 7th St
Sanger, CA 93657 5599551314 fgonzalez@ci. sanger. ca. us (559)876-6300 Ext: 4 ALTERNATE: Councilmember Esmerelda Hurtado bpadron@ci. sanger. ca. us 5596187591 ehurtado@ci. sanger. ca. us Reyna Rivera, City Clerk
Selma 171 O Tucker St COMMITTEE MEMBER: Councilmember Blanca Mendoza Navarro Selma, CA 93662 [email protected]
(559)891-2200 Ext: 310 ALTERNATE: Mayor Pro tern Beverly Cho [email protected] [email protected]
01/31/2025 11 :47 am
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CITY I CLERK AND CONT ACT INFORMATION COMMITTE MEMBERS
Yazmina Pallares, City Clerk COMMITTEE MEMBER: Mayor Pro Tern Chad Givens 336 Pacific Ave Shafter Shafter, CA 93263
6619795796 [email protected]
(661)746-5006 Ext: ALTERNATE: Mayor Cathy Prout
[email protected] 6612037334 [email protected]
Katherine Roland, Interim City Clerk COMMITTEE MEMBER: Mayor Kevin Lincoln Stockton 425 N. El Dorado St
Stockton, CA 95202 [email protected]
(209)937-8458 Ext: ALTERNATE: Councilmember Susan Lenz
[email protected] 2099378279 Susan. [email protected] Yvette Mayfield, City Clerk COMMITTEE MEMBER:
209 E. Kern St Councilmember Josh Bryant
Taft Taft, CA 93268
6614773230 [email protected]
(661) 763-1222 Ext: 16 ALTERNATE: Councilmember Carlos Chavira [email protected] 6617631222 [email protected] Adrianne Richardson, City Clerk
COMMITTEE MEMBER: Mayor Dan Arriola
Tracy 333 Civic Center Plaza
Tracy, CA 95376
2093620292 dan. [email protected]
(209)831-6000 Ext: 0 ALTERNATE: Mayor Pro Tern Steve Abercrombie cityc/[email protected] 2098716755 st eve [email protected] Melissa Hermann, Chief Deputy City Clerk COMMITTEE MEMBER: Councilmember Jose Sigala 411 E. Kern Ave Tulare Tulare, CA 93274 5593299864 [email protected]
(559)684-4200 Ext: ALTERNATE:
[email protected]
Kellie Weaver, City Clerk
COMMITTEE MEMBER: Councilmember Pam Franco
Turlock 156 S. Broadway Ste 230
Turlock, CA 95380 2096685540 [email protected]
(209)668-5540 Ext: 110 ALTERNATE: Councilmember Nicole Larson [email protected]. us 2092627570 [email protected]. us Leslie Caviglia, City Manager COMMITTEE MEMBER: Councilmember Liz Wynn Visalia 220 N Santa Fe Street
Visalia, CA 93292
5597134400 liz. [email protected]
(559)713-4512 Ext: ALTERNATE: Councilmember Emmanuel Hernandez Soto [email protected] 5597134512 emmanuel.hemandezsoto@visa/ia.cit Maria O. Martinez, City Clerk
COMMITTEE MEMBER:
7 46 8th Street Councilmember Alexandro Garcia
Wasco Wasco, CA 93280
6617790427 a/[email protected]
(661)758-7214 Ext: ALTERNATE: Councilmember Eddie Saldana [email protected] 6617790489 [email protected] Patricia Krause, Deputy City Clerk COMMITTEE MEMBER: 101 E. Street Mayor Charlie Goeken Waterford Waterford, CA 95386 2094506882 cgoeken @cityofwaterford.org (209)87 4-2328 Ext: ALTERNATE: Councilmember Elizabeth Talbott [email protected] 2095187163 [email protected] Irene zacarias, City Clerk
COMMITTEE MEMBER: 350 N. Valencia Councilmember Jose Martinez Woodlake Woodlake, CA 93286 5595648055 [email protected] (559)564-8055 Ext: ALTERNATE: Councilmember William Valero izacarias@ci. woodlake. ca. us 5597897754 William. [email protected] 01/31/202511:47 am
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