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We assure the City if we are selected as your auditors, we will not delegate or subcontract our responsibility without written consent of the City.
Hold Harmless and l~dcmnification
Harshwal & Company, LLP have errors and omissions insurance, property and liability and workers' compensation insurance and will indemnify and hold harmless the City from and against all losses and claims in the execution of our work or the consequences of any negligence or carelessness on our part.
Terminations
Harshwal & Company, LLP has never terminated, held in default, or failed to complete any work. We have always been a ha1lmark for the quality of our audit work. We are committed to providing highquality service without compromising the timely submission of your audit reports. I !
Desk & Field Review~
From time to time, selected Harshwal & Company, LLP's audit engagements are subject to a desk review by federal or other regulators. In all such reviews during the past three years, the reviews have shown our work to be satisfactory, and no disciplinary or other administrative proceedings have resulted from those reviews. There has been no disciplinary action taken against Harshwal & Company, LLP's offices by the AICP A, or any State Board or Society in the last three years. There are also no such actions currently pending. j
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Disciplinan • Action o~ Pending Litigation
Harshwal & Company, LLP's emphasis on quality has rewarded the firm with an excellent track record regarding claims related to professional services. Harshwal & Company, LLP has an impressive history, free of litigation, penalties and debt, and we have no sanctions or restrictions imposed by professional organizations, regulatory authorities or other government institutions. Harshwal & Company, LLP has never been debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs or from receiving federal contracts, subcontracts or financial assistance or benefits, under Executive Order 12549, "Debarment and Suspension" (24 CRT 85.35) or other federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of the agreement.
External Quality Control Review Report
Harshwal & Company, LLP is a member of the Governmental Audit Quality Center (GAQC) and Employee Benefit Plan Audit Quality Center (EBPAQC) of the American Institute of Certified Public Accountants (the AICPA) and the Center for Audit Quality, an affiliate of the AICPA. One of the requirements of membership in these groups is to have our systems of quality control reviewed by another CPA firm once every three years. Our most recent peer review was completed in 2023, and we received a passing peer review rating.
► A copy of our most recent Peer Review report is attached below.
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Report on the Firm's System of Quality Control
February 29, 2024
To Harshwal & Company LLP and the Peer Review
Committee of the CalCPA Peer Review Program
We have reviewed the system of quality control for the accounting and auditing practice of Harshwal & Company LLP (the firm) in effect for the year ended May 31 , 2023. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards).
A summary of the nature, objectives, scope, limitations of, and the procedures performed in a system review as described in the Standards may be found at aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating.
Firm's Responsibility
The firm is responsible for designing and complying with a system of quality control to provide the firm with reasonable assurance of performing and reporting in conformity with the requirements of applicable professional standards in all material respects. The firm is also responsible for evaluating actions to prompUy remediate engagements deemed as not performed' or reported on in confonnity with the requirements of applicable professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any.
Peer Reviewer's Responsibility
Our responsibility is to express an opinion on the design of and compliance with the firm's system of quality control based on our review.
Required Selections and Considerations
Engagements selected for review included engagements performed under Government Auditing Standards, including a compliance audit under the Single Audit Act, and audits of employee benefit plans.
As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures.
Opinion
In our opinion , the system of quality control for the accounting and auditing practice of Harshwal & Company LLP in effed for the year ended May 31, 2023, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Harshwal & Company LLP has received a peer review 'fling of pass.
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June 06, 2024
Sanwar Harshwal
Harshwal & Company LLP
11405 W Bernardo Ct Ste A
San Diego, CA 92127
Dear Sanwar Harshwal:
tosBanos
(650) 522-3094
[email protected]
It is my pleasure to notify you that on June 06, 2024, the California Peer Review Committee accepted the report on the most recent System Review of your firm. The due date for your next review is November 30, 2026. This is the date by which all review documents should be completed and submitted to the administering entity.
As you know, the report had a peer review rating of pass. The Committee asked me to convey its congratulations to the firm.
Thank you for your cooperation.
Sincerely,
I
&,, ~:~ ~!AV#~
Peer Review Program
The Peer Review Program Team
[email protected]
650-522-3094
cc: Justin Williams
Firm Number: 900005526362
·~ Al CP,6; ::,::- Administered by the California Society of CPAs for CA, AK and AZ Review Number: 603500
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Firm's Technical Experience
Harshwal & Company, LLP has performed numerous audits of state and local governments, counties, special districts, educational entities, tribes and tribal governments, housing authorities, and not-for-profit organizations etc., that-are subject to financial audits. The following is a list of clients we have served.
State and Local Governments
• County of Del Norte
• Town of Apple Valley
■ City of San Mateo
■ City of Sanger
• City of Oakland
• City of East Palo Alto
• City of Crescent City
• City of Vallejo
■ County of Santa Clara
• Cibola County
• Sierra County
• First 5 Alameda County
• First 5 Santa Cruz County
• First 5 Inyo County
• First 5 Marin Children & Families Commission
■ First 5 Monterey County
• First 5 San Bernardino
• Town ofEdgewoo
• Town of Springer
■ Town of Mesilla
• Town of Cochiti Lake
• City of Greenfield
COUNTIES
County of Alameda
• Alameda County Housing and Community
• Community Based Organization Audits
■ Development and Lead Poisoning Prevention
• Alameda County Public Works Department
■ Alameda County Housing and Community
Development - Bond Audit
■ Alameda County Social Services - Food Stamp
■ Oakland-Alameda County Coliseum Authority
■ Alameda County Health Care Services Agency
• Alameda County Auditor-Controller's Agency
• City of Oakland, Office of Public Works
• Alameda County Fire Department
• Alameda County Transportation Authority
Del Norte County
• Del Norte County
• Single Audit (Sub Contractor)
■ County of Santa Clara JTP A Program
■ Del Norte County Solid Waste Management
Authority
Santa Clara Counh·
■ Mental Health Short Doyle Program
■ Sheriff's Department - Inmate Welfare Fund
County of San Mateo
• JTP A Program • Department of Community Services
• Menlo Park Fire Protection District
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• Single Audit • Mental Health - Short Doyle Program
Solano County
• City of Vallejo (Sub Contractor) • Mental Health - Short Doyal Program • Local Transportation Fund
Contra Costa County
• Public Works Department • Emergency Medical Services
EducationalEntities
• Pleasant Valley School District ■ Belmont-Redwood Shores School District • Lamont School District • Azusa Unified School District • Conejo Valley Unified School District • Spark* SF Public Schools • Sacramento Valley Charter School ■ Nazlini Community School • EL Segundo Unified School District • Pinon Community School, Inc. ■ Richland School District • First Mesa Day School
■ La Honda-Pescadero Unified School District • San Mateo - Foster City School District • Ravenswood City School District • Brisbane School District • Napa Valley Unified School District ■ Jefferson School District ■ Fairfield-Suisun Unified School District ■ San Bruno Park School District ■ Benicia Unified School District • Jefferson Union High School District Housing Entities
• Santa Clara Pueblo Housing Authority
• City of Eureka Housing Authority
• Greyhills Academy High School
■ Housing Authority of the County of San Mateo
■ Eastern Regional Housing Authority
■ White Mountain Apache Housing Authority
• Housing Authority of the City of Benicia
• Housing Authority of the County of Alameda
• County of Humboldt Housing Authority
• Sisseton Wahpeton Housing Authority
• Housing Authority of the City of Port Hueneme
• Housing Authority of the County of Butte
• Housing Authority of the City of Richmond
• Pueblo of San Felipe Housing Authority
Private Entities
• Optimize Infrastructure, LLC • Juana Care Facility, LLC • Newport Holdings, L.P. • Solace Supportive Living, Inc. • Terra Verde Energy, LLC • The Child Day Schools, LLC
• The Good Earth Organics, Inc. • Thomas Jee & Associates, Inc. • Tots of Love Child Development Center, LLC ■ Vvd Partners, LLC • Eureka Housing Associates, LP • RADAR Creative
• Nelson Trucking Partners, LLC
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■ Sunrise Recreation & Park District • Saratoga Fire Protection District • Valley of the Moon Water District • Mission Oak Park and Recreation District • Humboldt Bay Harbor, Recreation and ■ El Rancho Simi Cemetery District Conservation District • Lions Gate Community Service District • Aromas Tri-County Fire Protection District ■ Cupertino Sanitary District • Burbank Sanitary District ■ Alameda County Law Library • Goshen Community Services District • Fort Dick Fire Protection District • Cypress Fire Protection District • Border Coast Regional Airport Authority • Artesia Cemetery District • Bardsdale Cemetery District • Big Rock community service district • Border Coast Regional Airport Authority • South Monterey County Fire Protection District • Del Norte Solid Waste Management Authority • Rodeo-Hercules Fire District • Coastside Fire Protection district • • Buena Park Library District • Carmel Highlands Fire Protection District • Central Basin Municipal Water District • Crescent Fire Protection District • Del Norte Library District • Del Norte Local Transportation Commission • Gasquet Community Services District • Loma Prieta Resource Conservation District • Paradise Recreation and Park District • Perris Valley Cemetery District • Plumas County Community Development • Redwood Empire Dispatch Commun.ications Commission Authority
• San Dieguito River Park Joint Powers • Santa Clara County Vector Control District Authority • West Contra Costa Integrated Waste
• Smith River Fire Protection District Management Authority • Guadalupe Coyote Resource Conservation • First 5 Inyo County District • First 5 Santa Cruz County
• San Miguel Community Services District • Ambrose Recreation and Park District • Yolo Local Agency Formation Commission • South Santa Clara Co. Fire District • Alameda County Fire Department • Menlo Park Fire Protection District • SCC Center Fire Protection District • Los Medanos Community Health Care District • Oakland-Alameda County Coliseum Authority • Alameda County Housing and Community • Santa Clara County Sanitation District 2-3 Development • Alameda County Community Development • East Palo Alto Sanitary District Department • Fox Canyon Groundwater Management Agency
Pension Plan Clients
• Akshaya Inc.( 40 IK) • Baker's (Retirement Plan-403 B) • Burning Man Project (401k) Plan • East Bay Agency for Children 403(b) • Fulfilment Systems, Inc. ( 401) • Fundbox Inc. ( 401) • Hammer Prep (401k) Plan • Hog Island Oyster Company (401k) J>lan • Kai Ming, Inc. (403B) • Luxesphere Holdings, Inc. (401k) Plan • Kickapoo Tribe of Oklahoma (401K) Plan • Native American Health Center, Inc. (403B) • Mission Neighborhood Centers (403B) Plan • Skywalker Properties (401k) Plan rrn _ ___ _ l.!:IJ Page 12 ,~f 34
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Tribes and Tribal Entities
• Sac and Fox Nation
• KTNN Native Broadcast Enterprise
■ K'ima: w Medical Center
• Robinson Rancheria Band of Pomo Indians
• Village of Shungopavi
■ Kykotsmovi Village
• California Tribal T.A.N.F Partnership
■ La Jolla Band of Luisefio Indians
■ Big Sandy Rancheria
• Village of Sichomovi
• Kickapoo Tribe of Oklahoma
• Timbisha Shoshone Tribe
• Omaha Tribe of Nebraska
• Kashia Band of Pomo Indians of the Stewarts
Point Rancheria
• Kickapoo Tribal Health Center of the Kickapoo
Tribe of Oklahoma
• Yuwehloo Pahki Community
• Hoopa Valley Tribe
• Pauma Band ofLuiseno Mission Indians
• San Luis Rey Indian Water Authority
• Sipaulovi Village
• Cloverdale porno band of Indians
Non-Profit Organizations
• Manzanita Charter School
• San Diego Civic Youth Ballet
• San Francisco Community Clinic Consortium
• Greater Farallones Association
• Santa Clara Teacher Housing Foundation
• Mother Lode Job Training
• Eden United Church of Christ
• Ruckus Society
• Hopi Credit Association
• New Bridge Foundation
• Center for Third World Organizing
• San Diego Organizing Project
• Family Paths, Inc.
• Santa Cruz County Parents Association
• Consolidated Tribal Health Project Inc.
• Mnc 1240 Valencia Inc.
• Health and Human Resource Education Center
• California Hispanic Chambers of Commerce
• California Municipal Utilities Association
• Center for Youth Development through Law
• A & I Express Inc.
• A&I Transport Inc.
• Access Reproductive Justice
• Alameda County Deputy Sheriffs Activities
League
• Baker's Palace
• United Way of Santa Cruz County
• ICON Community Development Corporation
• Oakland Metropolitan Chamber of Commerce
• Gluon Solutions, Inc.
• Youth Together, Inc.
• Terra Verde Energy
• Luxesphere Holdings, Inc. and Subsidiaries
■ FOOD FIRST/Institute for Food &
Development
• Key Educational Group
• Carbon Offsets to Alleviate Property
• Oakland Community Organizations, Inc.
■ South County Community Health Center, Inc
• Native American Health Center, Inc.
• Community Clinic Consortium
• Allen Temple Baptist Church
• Chinese for Affirmative Action
■ RFHC Bay Pulgas Landowner, Inc.
• Institute for Molecular Medicine
• Centro Latino de San Francisco
• Community Health Partnership, Inc.
• Anti Terror Project, Inc.
• American Federation of State, County &
Municipal Employees Local 2428
• Ainerican Nonsmokers' Rights Foundation
■ Artequity Community
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• Consolidated Tribal Health Project, Inc.
• Countywide Alcohol and Drug Services, Inc.
■ Crowden Music Center
■ Digital Democracy
■ East Oakland Switchboard
• Family Bridges Inc.
• Gallup Inter-Tribal Indian Ceremonial
Association, Inc.
■ Hopi Credit Associations
• IITKanpur
• IIT Bombay Heritage Foundation
• IIT Madras Foundation
• Maisha Meds, Inc.
• Mary Magdalene Community Services
■ New Mexico Cancer Care Alliance
• Pacific Center for Human Growth
• Rwanda School Project
■ San Francisco BayKeeper
■ Solano Coalition for Better Health
• The Estria Foundation
• Tohatchi Area of Opportunity & Services, Inc.
• Women's Daytime Drop-In Center
• St. James Infirmary
• Redwood Region Economic Development
Commission
• Veterans Accession House
■ California Hispanic Chambers of Commerce
Foundation
• Court Appointed Special Adocates Program,
Inc.
• DayBreak Adult Care Centers
• Dominican Sisters Vision of Hope
• Eden Area Foundation
• Faith in Action Bay area
• Heffernan Foundation
• Hiawatha Harris M.D, Inc.
• Just Cities Institutes
• Grand Lodge of California
• Lakeshore A venue Baptist Church
• Mission Language & Vocational Scho.ol
• North County Lifeline Inc.
• Our Common Ground Inc.
• Pawnee Nation College
• Redwoods Rural Health Center
• Sikh Gurdwara San Jose
■ Sustainable Economies Law Center
• Sustainable Sciences Institute
■ V-Day
• Vascular Cures and Pacific Vascular Research
Institute
• El Centro de Libertad/The Freedom Center
• San Carlos Apache Relending Enterprise
• Chinese for Affirmative Action
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Partner, Supervisory, and Staff Qualifications and Experience The expertise and experience of Harshwal & Company, LLP's principals and personnel are at the core of the firm's excellence in performing audits of state and local governments. Harshwal & Company, LLP has experience providing exceptional client service and high-quality audit services through comprehensive knowledge and understanding of governmental accounting standards. We're passionate about our work and your success. We have selected professionals for your service team who are the right fit for your engagement, based on their knowledge and experience in the governmental industry. Harshwal & Company, LLP has a 1¥gh retention rate, allowing us to provide stability.
Staff Continuity over)tbe Term of the Agreement
We focus on our team members as well as our clients. Our turnover is significantly lower than other national and regional service firms. This staff continuity enables us to develop and maintain an in-depth understanding of your. operations, management style and operating practices, which ultimately allows us to offer you experienced resources, value-added services, industry specialization, and overall better personal service. This commitment to people also resides at our executive level where you will find a refreshingly greater hands-on approach compared to other service providers. Our culture stresses the importance of executh1e presence throughout projects and engagements. i ;
Proposed Audit Team's Directon·
N~ll!H.' ofTe1111 \lc11il1t'I"
Sanwar Harshwal, ¢PA, ClA, CISA, CFE
Maricm Tall
Garima Pathak. C4
Samson Reda, CPA
Albert Hwu, CPA
Kinjal Patel, C/~4
Poonam Sharma, ClfA
Role E:xpcricntL'
Managing Partner 40+ Years
Audit Manager 11+ Years
Operation Manager 8+ Years
Senior Auditor 10+ Years
Senior Auditor 10+ Years
Senior Auditor 7+Years
Senior Auditor 7+ Years
Most of our assigned key personnel are licensed to practice as a Certified Public Accountant (CPA). In addition to the key personnel listed, additional staff will be assigned from our pool of highly qualified professionals.
We assure you regarding the quality of staff over the term of the engagement. We will not replace audit personnel except with'prior written permission of the City. In case we replace audit personnel, we will provide replacements fiaving similar or better qualifications and experience. I Overall Supervision tb be Exercised
The audit will be managed by the firm's operation manager, Garima Pathak, who has extensive experience in audits of state and local governments. Garima Pathak has been in charge of various large audits, governmental funded programs, and community-based organizations receiving federal and state .funds.
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Name/Position
Sanwar Harsbwal, CPA
Managing Partner
Mariem Tall
Audit Manager
Garima Pathak, CA
Operation Manager
Samson Reda, CPA
Senior Auditor
Albert Hwu, CPA
Senior Auditor
Kinjal Patel, CPA
Senior Auditor
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Poonam Sharma, Cl'i
Senior Auditor
Audit Team Responsibilities
Responsibility
Sanwar Harshwal will be the principal in charge of administration, reviews, planning of the audit, approval of the audit scope and work, and ·review of work and liaison with the City. He is responsible for conducting the fieldwork, coordination of the audit plan, and ensuring that the plan formulated has been effectively followed and managed. He will coordinate with the manager and supervisor for proper field work progress. He will also manage and organize the audit team's effort and ensure the various audit components are performed efficiently. He also has the responsibility for meeting with the City's management to keep them informed · regarding the progress of the audit. The responsibility also extends to ensure smooth interaction of the firm with the City. He has final authority in the conduct of the engagement, and assumes full responsibility for the work performed.
Mariem Tall is in charge of planning the audit, review of the audit work, and guidance of the audit. She is responsible for conducting the fieldwork in conjunction with the lead auditor, to ensure coordination of the audit plan, providing instruction and coordination to senior and staff auditors on CDA systems, on site reviews, and assistance in the preparation of the report.
Garima Pathak will serve as an operation manager and proviqe the City staff with updates to summarize our progress against the project timeline, and update the status of upcoming deliverables. She will also document discussions leading to important policy decisions and/or the choice of critical assumptions used in constructing the analysis and report.
Samson Reda, is a senior auditor and is in charge of the fieldwork. He will be responsible for preparation and maintenance of various work-papers required for audit report preparation.
Albert Hwu is a senior auditor in the firm's audit group providing auditing services to governmental organizations. Mr. Hwu will serve as Jhe on-site lead auditor and will be in the field. He will assist in directing the staff and specialize in the timely completion of the audit.
Kinjal Patel, is a senior auditor and will perform studies, tests, reviews, and analysis of accounts and financial transactions and will be responsible for preparation of various work-paper.
Poonam Sharma will be responsible for coordinating the efforts of our staff throughout fieldwork and managing on-site audit procedures. She will be available to answer any of your technical questions.
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SANW AR HARSBWAL, CPA
Managing Partner
Audit Team Resumes
T Clly oj B· LOS .· anos
Sanwar Harshwal is the managing partner of Harshwal & Company, LLP. He is a globetrotter and a trained technical speaker on auditing and global accounting standards, IT and internal controJs, on fraud prevention, and on examinations and internal audits. With over 40+ years of experience with governmental auditing engagements, Mr. Harshwal is also a leading expert on emerging accounting challenges for state and local governments. Mr. Harshwal has attended AICPA seminars on GASB's New Financial Reporting Model and Financial Statements of state and local governments.
During the last 5 years, Mr. Harshwal has provided over 400 hours of training to several professionals on GASB, GAS, Unifonn Guidance, FASB, SAAS, GAGAS, Pension Plan audits, COSO, COBIT, internal audits, fraud prevention and examination and tribal governmental governance issues. In additioµ to having significant experience in audits, strategic assessments of accounting functions, and internal control structures, Mr. Harshwal has extensive experience in evaluating complex accounting and finance issues. He has proficient knowledge of using Case Ware, Case View, Case Ware IDEA software and other automated tools.
Education:
• B.S. Business Accounting
• Bachelor of Law
Certification:
■ Certified Public Accountant - State of California (CPA) ■ Certified Public Accountant- State of New Mexico (CPA) • Certified Public Accountant - State of Arizona (CPA)
■ Certified Public Accountant - State of Washington (CPA) • Chartered Accountant - The Institute of Chartered Accountants of India ■ Certified Information System Auditor (CISA)
■ Certified Fraud Examiner (CFE)
■ ORACLE Financial Consultant (Oracle Business Suite)
■ Chartered Global Management Accountant (CGMA)
• Certified Risk Management Assurance (CRMA)
• Certified Construdion Auditor (CCA)
Professional MembeJhip:
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■ Member of AICPA
• Member of Ca1ifomia CPA Society of Certified Public Accountants ■ Member of Information Systems Audit and Control Association, USA ■ Member of Association of Certified Fraud Examiners, USA • Member of Institute of Certified Internal Auditors
■ Member of National Association of Construction Auditors • Member of NM CPA Society
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MARIEM TALL
Audit Manager
ros)?anos
Mariem Tall is an audit manager and has been employed with Harshwal & Company, LLP for 11 + years.
She has been engaged in numerous audits and accounting engagements of state and local governments, special districts, tribes and tribal governments, educational entities, housing authorities, and not-for-profit organizations. She provides support to the senior auditor and staff during the period of the engagement \activity and performs detailed audit procedures on financial statement account balances. She pr:epares and adjusts work papers from the client's trial balance, executes day-to-day activities of audit engagements for multiple clients, and interacts with client personnel when needed. • • She performs audit testing activities; documents processes and findings; verifies assets and liabilities in accordance with audit programs; follows documentation standards; and prepares clear, concise, and orderly working papers. She has proficient knowledge of using CaseWare, CaseView, Case Ware IDEA Software and other automated tools.
Education:
• Bachelors of Science in Accounting
GAR.IMA PATHAK,icA
Operation Manager j
Garima Pathak is our ~peration manager and has been employed with Harshwal & Company,.LLP for 8+ years. She has been engaged -in numerous audits of state and local governments, educational entities, counties, tribes and tribal governments, housing authorities, and not-for-profit organizations. Garima has 4 years of experience working with all types of exempt organizations including 50l(c) (3), = 50l(c) (4), SOI(c) (6), and 50l(c) ·(7). Garima has provided tax compliance services to clients in the retail1 real estate, and not-for-profit industries. She concentrates on real estate clients, focusing on low-income housing, including both for profit and not-for-profit entities. Garima has a passion for her not-for-profit clients and the industry at large, providing them with hands-on tax compliance services including Form 990 filings.
She has proficient knowledge of using CaseWare, CaseView, CaseWare IDEA Software and other automated tools.
Education:
• Bachelors in Commerce
Certification:
• Chartered Accoun~nt - The Institute of Chartered Accountants of India (ICAI) i SAMSON REDA, CP~
Senior Auditor !
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Samson Reda is a senior auditor at Harshwal & Company, LLP and has IO+ years of experience in auditing and providing accounting services to state and local governments, counties, special districts, educational entities, housing authorities, not-for-profit organizations, and tribes and tribal governments.
He is an expert in data analysis and reconciliation and his experience includes auditing, the recording and analysis of account transactions; establishing accounting records; reconciliation of cash balances; implementation of accounting controls; and statistical reports. rrn ____ _ l!:IJ P,~ge 18 of 34 .h
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He also conducts sampling, testing and is well experienced in performing audits in accorqance with attestation standards established by the AICPA. He has proficient knowledge of using CaseWare, Case View, Case Ware IDEA and other automated tools. He will assist in directing the staff and specialize in the timely completion of the audit.
Education:
• BA in Accounting
Certification:
• Certified Public Accountant
ALBERT HWU, CPA
Senior Auditor
Albert Hwu is a senior auditor and has been employed with Harshwal & Company, LLP for 10+ years. He has been engaged with several audits and accounting engagements of state and local governments, counties, educational entities, special districts, housing authorities, not-for-profit organizations,. and tribes and tribal governments. Mr. Hwu is proficient in the operating nuances of accounting and auditing packages and demonstrates up-to-date knowledge of auditing and accounting pronouncements. Albert has worked on financial and compliance engagements under the Single Audit Act of 1984 and 0MB Circular (Uniform Guidance). He performs audit testing activities; documents processes and findings; verifies assets and liabilities in accordance with audit programs; follows documentation standards; arid prepares clear, concise, and orderly working papers. He has proficient knowledge of using Case Ware, Case View, CaseWare IDEA software and other automated tools.
Education:
• Bachelors of Science in Accounting
Certification:
• Certified Public Aqcountant
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• Member of AICP A! /
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KINJAL PATEL, cp
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Senior Auditor I
Kinjal Patel is a senior auditor. She has been engaged with several audits and accounting engagements of state and local governments, special districts, housing authorities, not-for-profit organizations, educational entities, and tribes and. tribal governments. Kinjal is proficient in the operating nuances of accounting and auditing packages and demonstrates up-to-date knowledge of auditing and accounting pronouncements.
Kinjal has worked on financial and compliance engagements under the Single Audit Act of 1984 and 0MB Circular (Uniform Guidance). She has proficient knowledge of using CaseWare, CaseView, Case Ware IDEA software and other automated tools.
Education:
• Master of Business Administration in Accounting
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• Certified Public Accountant - State of California (CPA) POONAM SHARMAi, CPA
Senior Auditor
Poonam Sharma is serving the firm as senior auditor. She has been engaged with several audits and accounting engagements of state and local governments, special districts, tribes and tribal governments, not-for-profit organizations, educational entities, and housing authorities. Poonam is proficient in the operating nuances of accounting and auditing packages and demonstrates up-to-date knowledge of auditing and accounting pronouncements. She prepares and adjusts work papers from the client's trial balance, executes day-to-day activities of audit engagements for multiple clients, and interacts with client personnel. She performs audit testing activities; documents processes and findings; verifies assets and Jiabilities in accordance with audit programs; follows documentation standards; and prepares clear, concise, and orderly working papers. She has proficient knowledge of using CaseWare,: CaseView, Case Ware IDEA software and other automated tools.
Education:
• Master of Business Administration in Accounting
Certification:
• Certified Public Accountant - State of California (CPA). ■ Chartered Accountant - The Institute of Chartered Accountants of India (ICAI) I
Continuing Professiohal Education (CPE)
Harshwal & Company, LLP places a strong emphasis on lifelong learning and recognizes the importance of developing our professionals to best serve our clients. Because we are committed to the industries we serve, we provide our professionals with specific, ongoing training. This investment ensures our people stay current on the unique challenges and opportunities within the industry sectors so that they are in the best position to help elf ents address these issues.
The follon··ing table d~tails CPE hours for each key member of the proposed audit team:
Audit Ti:am i\kmhL·r Go, t'l"nmcntal CPE No11-(;on:rnmc11tal CPF.
Sanwar Harsbwal, q>A, CFE, CJSA, CFE 140 124
Maricm Tall 113 67
Garima Pathak, C4 84 57
Samson Reda, CPA 80 56
Albert Hwu, CPA 108 55
Kinjal Patel, CPA 58 28
i Poo.nam Sharma, CP,jt 83 40
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Siltlilar Engagements with Other Government Entities
The best indicator of our ability is our success in meeting the needs of our current and past clients. We encourage you to contact these references to inquire about the quality of our services, their overall satisfaction, the effectiveness of our auditing approach, the abilities of our professionals, and the timeliness and overall value of our services. We would be happy to provide additional references upon request, if you would like:
1. Countv of Del Norte
• Address: 981 H Street, Crescent City, CA 95531
• Scope: Financial Statement & Single Audit and FTR
• Date: 2015 to Present
• Total Hours: 370 Approx.
■ Engagement Partner: Sanwar Harshwal
• Contact: Clinton Schaad, Auditor/Controller
• Phone Number1: (707) 464-7214
• Email: [email protected] I
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2. Hoopa Valle Tribe
• Address: 11860 State Hwy 96, PO Box 1348, Hoopa, CA 95546 • Scope: Financial Audit & Single Audit
• Date: 2021 to Present
• Total Hours: 665 Approx.
■ Engagement Partner: Sanwar Harshwal
■ Contact: Pateisha Ferris -Alvarado, Chief Financial Officer ■ Phone Number: (530) 625-4211 Ext. 116
■ Email: [email protected]
3. Omaha Tribe of Nebraska
■ Address: P.O. Box 400, Macy, NE 68039
■ Scope: Financial Audit & Single Audit
■ Date: 2017 to Present
• Total Hours: 1065 Approx.
■ Engagement Partner: Sanwar Harshwal
■ Contact: Ms. Nf arisol Lantz, acting CFO
• Phone Numbe~: (402) 837-5391 Ext. 111
' ■ Email: [email protected]
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4. Town of Apple Valley
• Address: 14955 Dale Evans Pkwy, Apple Valley, CA 92307 • Scope: CAFR, Financial & Single Audit, MRF Separate Report, Tax Returns and FTR • Date: 2019 to 2021
• Total Hours: 445 Approx.
• Engagement Partner: Sanwar Harshwal
• Contact: Sydnie Harris, Director of Finance
• Phone Numbe~: (760) 240-7000 Ext. 7704
• Email: [email protected]
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5. Citv of Port Huenehte
■ Address: 250 N Ventura Road, Port Hueneme, CA 93041
• Scope: Financial and Single Audit
• Date: 2015 to 2019
■ Total Hours: 620 Approx.
• Engagement Partner: Sanwar Harshwal
• Contact: Lupe Acero, Finance Director
• Phone Number: (805) 986-6554 Ext. 6524
• Email: LAcero:i_t_d.pon•huenemc.ca.us
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Technical Proposal to· Provide Specialized Auditing Services • tosBanos Specific Audit Approach
Scope of the Work
At Harshwal & Company, LLP, our professionals have extensive experience performing audit of state and local governments and our team has a broad understanding of the work environment that is necessary to conduct an audit of City of Los Banos. We understand that you require us to conduct an audit of the capital projects of the City for the period from July 01, 2022, through June 30, 2024. We will adhere to the requirements of the RFP and will be performing the following tasks (including, but not limited to):
► Review Capital Projects Records: We will conduct a comprehensive analysis of the City's capital projects from July 01, 2022 through June 30, 2024.
► Identify Anomalies: We will detect and document any evidence of fraud, misappropriation, or deviations from applicable laws and regulations.
► Evaluate Internal Controls: We will assess the efficiency and adequacy of the existing financial controls of the City and provide recommendations for enhancements. ► Present Findings: We will deliver a detailed report summarizing our observations, conclusions, and actionable recornm,endations for improvement. !
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Understandine, of tbe Project to be Performed
The two most critical components of the audit are (1) to have continuity and consistency among the auditors involved and (2) to have the entire audit team, from partners to staff, understand and be aware of the technical requirements for the engagement. Therefore, careful audit planning is emphasized'along with written instructions, and a comprehensive workshop is carried out for the staff engaged; We have ascertained that this effort not only serves to state the line of organization and responsibility from the commencement but also serves to discuss the areas of concern and applicable audit techniques to be adopted in the examinations proposed to be conducted.
Our plan will involve a comprehensive entrance meeting with the City's audit committee and management. During this phase, we hope to establish the timetable for the examination and identify dates for future meetings to report on our progress in the examination. Shortly thereafter, the partners and an audit manager will meet with the City Manager or Finance Director to be able to obtain a more detailed outline of the City's financial systems and processes. This will help us to determine the :extent and concentration of our audit effort, obtain knowledge and an understanding of the legal an4 reporting requirements by obtaining pertinent statues, regulations, charter provisions, bond coverage and other requirements.
The meeting will serve as a guideline to prepare and outline our audit-planning memorandu,n and the audit plan. Upon completion of the audit plan, we will meet with the City Officials to go over our plan.
During the meeting, we hope to share our understanding of the audit approach and fine-tune the dates of commencement, the assistance available to us, and the assistance the City may need from us, and the introduction of the audit team seniors to the City Officials. In the next step, a conference will, be initiated by the audit team to be assigned. The conference will serve as a platform to share our audit plan and programs, discuss areas of concern, identify audit teams and dates, and address any and all pertinent questions from our staff.
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METHODOLOGY
Our audit process begins with the assignment of staff to the engagement. Our engagement team has the expertise to provide the level of service desired and deserved by your organization. Our engag~ments are supervised by the engagement partner and an audit manager. As high-level involvement is vital to a quality audit, the partner and manager's time will account for approximately 30% of the total hours spent on the engagement. Our team's approach is to be efficient, yet non-intrusive. We believe on-going communication throughout the entire audit will ensure that all aspects of the audit are thoroughly addressed. We encourage regular communications throughout the year, not just during fieldwork. As such, we do not anticipate any potential audit problems to arise during our engagement. • I
(. Planning and Risk 1-\.ssessment
The audit engagement will commence with a structured planning phase aimed at understanding the City of Los Banos' internal control environment and the capital project activities conducted during the period from July 1, 2022, through June 30, 2024. During this phase, we will conduct an entrance meeting with the City's Finance Director and relevant personnel to confirm the scope, clarify expectations, and establish lines of communicatio~. A preliminary review of key documents-such as previous audits, capital improvement budgets, procurement policies, and financial statements-wi11 be performed to gain background knowledge and prepare for a risk-based approach.
We will conduct a comprehensive risk assessment to identify high-risk capital projects and activities. This includes evaluating the size, duration, and complexity of each project, as well as identifying any past issues that may indicate heightened risk of mismanagement or non-compliance. In parallel, we will review and document the internal control processes governing capital projects, including procurement, budgeting, contracting, expenditure approval, and project monitoring. Based on this assessment, we wilt develop a tailored audit plan and !preliminary risk matrix that guide the audit approach and resource allocation.
IL Fieldwork and Trln.sactional Testing
The fieldwork phase involves the systematic review and testing of capital project transactioirs to verify their propriety, completeness, and compliance with internal and external regulation~. Using the risk-based approach developed in the planning phase, we will select a representative sample of capital projects. Each selected project will be tested for proper documentation, authorization, and adherence tci applicable procurement and contract management procedures.
To detect anomalies and potential instances of fraud or abuse, we will perform detailed transaction testing and leverage data analytics to identify irregularities such as duplicate payments, unusual contract amendments, or vendor relationships that may indicate conflicts of interest. Control testing will also be conducted to evaluate the design and operating effectiveness of key contra ls, such as segregati<;>n of duties, approval hierarchies, and disbursement procedures. Our team will document all audit evidence in accordance with Generally Accepted Government Auditing Standards (GAGAS), ensuring lhe audit's credibility and defensibility.
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III. Reporting and Recommendations
Following the completion of fieldwork, we will compile our findings into a Draft Audit Report, clearly presenting each issue under standardized categories such as internal control deficiencies, compliance violations, and process improvement opportunities. Each finding will be assigned a severity,rating and accompanied by practical, risk-mitigating recommendations. Where possible, we will engage management to gather responses and proposed corrective actions for inclusion in the report.
An exit conference will be conducted with City management to present preliminary res4lts, solicit feedback, and ensure accuracy of context. Based on this input, the Final Audit Report will be prepared and submitted no later than December 31, 2025. The report will include management responses and an implementation timeline to facilitate accountability. At the City's request, our engagement team will also be available to present the report and key findings to the City Council or other stakeholders• to support transparent governanc¢. I
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IV. Staffing and Tools
Our audit team will be led by a dedicated Engagement Partner with extensive experience in governmental auditing and capital project oversight. A seasoned Audit Manager will supervise fieldwork activities, while a Senior Auditor will manage the day-to-day audit execution. Audit Associates will support transaction testing, data analysis, and documentation. We will utilize data analytics and specialized audit software to enhance efficiency and detect anomalies within large transaction sets. Our tearn's''familiarity with government accotnting and capital project auditing will ensure a focused and effective approach.
V. Compliance and Siandards
This audit engagement will be conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS), also known as the Yellow Book, ensuring that the audit meets high standards of quality, independence, and ethical conduct. In addition, Generally Accepted Auditing Standards (GAAS) will guide technical audit procedures. Our finn will remain fully independent from the City of Los Banos, and we will maintain strict confidentiality of all records and information obtained during the course of the engagement. All deliverables will be prepared with accuracy and objectivity to provide the' City with reliable and actionable: insight into its capital project practices. I Audit Sample Size an~ Use of Statical Sampling
The sample size for this engagement will be determined based on a risk-based approach and th~ volume of transactions associated with each capital project. While our primary methodology will rely onjudgmental (non-statistical) sampling, we will apply statistical sampling techniques where appropriate: to ensure representativeness and objectivity, particularly in high-volume transaction categories such as vendor payments and procurement.
Sampling will be designed to provide a sufficient basis for audit conclusions while focusing resources on high-risk areas. Each sample will be traced and tested for compliance with internal policies and applicable regulations, and any exceptions will be further investigated to assess whether they are ~solated or indicative of systemic issues.
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Analvtical Procedurek
Lltyof B. · os· .. anos
Analytical procedures will be a key component of both the planning and fieldwork phases of this audit.
During planning, we will use comparative analytics to assess trends in capital project expenditures across periods, identify anomalies or unexpected fluctuations, and prioritize high-risk projects. During fieldwork, we will perform ratio analysis, trend analysis, and regression-based techniques to detect inconsistencies in cost allocations, project progress, and timing of expenditures. Where irregularities are identified, we will perform additional substantive testing to verify underlying causes. These procedures help to highlight potential inefficiencies, fraud indicators, or policy deviations that may not be apparent through' individual transaction reviews alone.
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Understanding and ~ocumenting Internal Control Structure To gain a thorough understanding of the City's internal control environment surrounding capital project management, we will conduct interviews with key personnel, including finance, procurement, and project management staff. We will request and review existing policies, procedures, and workflow documents to assess the formal structure of internal controls. Walkthroughs will be performed for key processes-such as contract authorization, purchase order issuance, and payment approval-to confirm how controls operate in practice. The documentation of internal controls will be organized using flowcharts and narrative summaries to map responsibilities, identify control points, and assess whether controls are designed and implemented effectively. Any weaknesses observed will be evaluated in terms 9f potential impact and likelihood.!
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Determination of Laws and Regulations
Our approach to identifying applicable laws and regulations begins with reviewing relevant federal, state, and local legal frameworks that govern public capital expenditures. During the planning phase, we will review available documentation and meet with City officials to identify all legal and regulatory requirements applicable to the sampled capital projects. Based on thjs understanding, our audit test work will incorporate proce~ures specifically designed to assess compliance with those regulations, including tests for competitive b~dding, contract approval, prevailing wage adherence, and allowable use .of funds.
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Working Paper Retetltion and Access to Working Paper's
We will retain audit working papers and reports for a minimum of seven (7) years unless we :are notified in writing by the City of the need to change the retention period. In addition, we will respond to reasonable inquiries cf the City and successor auditors, and allow the City and successor auditors to review working paper1 relating to matters of continuing accounting significance.
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Rules and Regulations
Harshwal & Company, LLP will meet all specific requirements imposed by state or local law or rules and regulations. We will review the laws and regulations covering the City's grants and major programs as part of any Single Audit testing if applicable. Based upon our inquiries with the City staff and review of any City's municipal code, etc., we will determine the relevant laws and regulations that will be subject to additional test work. •
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Management Letter
Communication with management is crucial since it is essential to hear your concerns and comprehend the financial records to have a complete and thorough understanding of business operations. Management confirmation is required on all information contained within the financial statements to ensure that they are true and accurate and that all information has been properly disclosed. We will review an: significant audit findings with the City as the work proceeds and once on completion of our audit procedures. It is standard practice for our finn to produce a management letter in conjunction with each engagement. The audit process provides an opportunity to assess performance and trends, to identify opportunities to improve internal controls and/or accounting efficiency, and spot emerging needs or opportunities.
By reporting these conditions and opening them up for discussion, the management letter can play an important role in maintaining the future financial health of the organization. Should we become aware of any irregularities, illegal acts, or indications of illegal acts, we will make an immediate verbal and written report of such findings to the City's Council. The report will be discussed with the members responsible for the financial statements before submitting it to the Board Members. At the completion of the interim work, we will provide a management letter to the Superintendent ( or designee) detailing all findings and recommendations noted as of the date of the completion of the interim work. We may substitute a copy of all written findings for the management letter.
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Technological Advantages
We utilize the latest technology, including virtual servers, smart devices, and online libraries, to provide us with the most up-to.:.date information to better serve our clients. Our online client portal, Sura/ink gives us the capability of sending and receiving information to and from our clients faster and more securely. As portals are encrypted and use password protection to ensure that data can only be viewed by the appropriate client, we are dedicated to protecting the City's confidential information. Furthennore, we streamline our audit process and organize support documents through the use of the paperless audit program; Case Ware Working Papers.
By effectively reviewing large volumes of data through these programs, we are able to develop a better understanding and gain a broader view of City of Los Banos. These technologies enable us to increase both the scope of our engagement and the reliability of our audit opinion more efficiently, as a larger amount of information can be processed, analyzed, and interpreted in a shorter time frame. We are pleased to discuss our efficient use of audit technology as follows:
Secure Data File Tra~sfer System: In order to improve audit efficiency, workflow management software plays an essential role between your organization and our engagement team. We employ a secure data file transfer system called Sura/ink. Suralink's dynamic request list is integrated with our secure file hosting system for seamless document-request coordination. It means all our requests are in one place, updated in real-time, and accessible only by our engagement team working on your audit and the City's employees who are granted access.
You, as a client, no longer have to manually maintain a spreadsheet amongst several people only to repeat the process in a day or two. This not only makes the operation more cost-efficient; it enables you and your team to spend your time getting the job done, not reconciling a messy list of outstanding items. The Suralink dashboard, as shown below, allows you to visualize the process of the document-request fulfilment. With this innovative tool, clients can manage workflow through a centralized individual who can assign and delegate requests to other employees; track project activity by assigned individual, due date, and status with a user friendly, easy-to-use, dashboard interface; quickly view and monitor project progress with an at-a-glance report feature; and access how-to videos and training materials through the enhanced learning center. •
IDEA: We will utilize IDEA data extraction software to assist us in completing our analytical procedures.
We will obtain a detail general ledger of all transactions that occurred during the year and download that information into IDEA. We will analyze the data for unusual transactions and create reports for our audit procedures. Additional functionality of this program allows us to receive files in many formats used by the City which alleviates the stresses and pressures of converting data into a usable format. • CaseWare: CaseWare is a highly flexible engagement software that facilitates real-time adjustments to your trial balance, resulting in simultaneous updates to your financial statements. It enables-,us to drill down from supporting audit schedules and documents to the underlying detailed accounts. We plan, perform, and review your entire engagement electronically, eliminating the use of paper.
Case View: Case View is a powerful reporting module that helps review of fmancial statements, as well as any other customized work paper reports. It utilizes an interface that combines the appropriate features of Word and Excel into a single application that engages word processing features for formatting financial information. Some advantages of Case Ware and Case View are as follows:
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► Automatic financial reports: This refers to the ability to generate and print financial statements immediately. The numbers in the trial balance are mapped to financial statement tables and foot notes to provide: robust and accurate financial statements and reports. ► Automatic footnotes and other information: This is the ability to format financial statement footnotes with variables (dates, amounts, etc.) that are automatically updated based upon the trial balances and appropriate work paper information.
► Virtualization: 1 This provides a more consistent approach to financial statement design and a reduced risk of errors in the financial statement reports.
Use of Artificial Intelligence and Other Emerging Tecbnoloeies As part of performing our services, we may use artificial intelligence (AI), data analytics, and emerging technologies to enhance the efficiency, accuracy, and overall outcomes of our work. These technologies sometimes provided by third-party vendors - may be used to analyze data, generate reports, or assist us in delivering quality insights. By engaging our services, you acknowledge and consent to our use of AI and related technologies when deemed appropriate. While these tools enhance our capabilities, they are designed to complement not replace our professional judgement. Any significant findings or· exceptions identified through the use of these technologies will be reviewed and validated by our team.
We are fully committed to safeguarding the confidentiality, integrity, and security of your information in compliance with applicable laws, regulations, and industry standards. When deploying AI or other related technologies, we engage reputable service providers that adhere to robust data protection measures, including encryption, anonymization (where applicable), and compliance with privacy laws (e;g., GDPR, CCPA). We do not store or transmit sensitive information through any AI platform unless it meets stringent data protection requirements. All data shared with us remains confidential and is used solely for purposes related to this engagement, in accordance with OtJr professional obligations. Our confidentiality policies extend fully to AI systems, ensuring that no client data or sensitive information is accessed or used inconsistently with our professional responsibilities.
While AI and other technologies significantly streamline certain processes, they may have limitations, such as algorithmic biases, inaccuracies, or processing errors. We take reasonable precautions to mitigate such risks; however, we cannot guarantee that AI-generated outputs will be entirely error-free. We shall not be held liable for any inaccuracies resulting from such limitations. 214
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Proposed Segmentatibn of the Engagement
T Ci!)'oJ B LOS•·•anos
Following is the work plan including time estimated for each significant segment of the work and staff level to be assigned to the audit.
.-\udit \\ oi-k Planning Staff Lcn·I Hours
Planning & Coordination Managing Partner, 24
• Planning Audit Manager &.
• Obtain and review key documents Senior Auditor
• Understand project objectives and internal processes
• Perform preliminary risk assessment
Internal Control Review Audit Manager, · 40
• Performing walkthroughs of key financial processes Senior Auditors & • Assessing design and operating effectiveness of internal controls Staff Auditors • Identify gaps and suggest improvements
Review of Capital Project Documentation Senior Auditol,'s & 60 ■ Examine project budgets, contracts, invoices, and procurement Staff Auditors files
■ Assess documentation completeness and compliance
Transaction Testing & Anomaly Detection Senior Auditors & 130 • Select samples of high-risk transactions Staff Auditors • Detect irregularities, fraud indicators, or policy violations ■ Perform data analytics and compliance testing
Draft Report Preparation Managing Partner.& 22
■ Summarize findings and conclusions Audit Manager
■ Draft recommendations for improvement
■ Prepare report for internal review
Final Report Review & Submission Managing Partner & 15
■ Review and finalize audit report Audit Manager
■ futegrate management feedback
■ Ensure alignment with professional standards
Exit Meeting & Presentation Managing Partner & 9
• Present final findings to stakeholders Audit Manager
• Discuss recommendations and next steps
• Respond to queries and close the engagement
Total Audit Hours 300
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Anticipated Potential Audit Problems
We understand that the adoption of new laws or accounting principles can significantly impact the audit process, and we are committed to addressing these challenges effectively. Our team of experienced auditors stays updated with the latest regulations and accounting standards to ensure compliance and accuracy in our work. We will closely monitor any changes in laws or accounting principles that may affect the audit and promptly adapt our approach to accommodate these modifications. In the event that we encounter specific complexities or require additional support, we will communicate and coordinate with the City to request any special assistance needed. We believe in fostering a collaborative relationship, and by working closely with the City, we can overcome potential hurdles and en_sure a successful audit engagement. Our proposal aims to demonstrate our proactive approach to anticipating and rna~aging audit problems, as well as our commitment to providing high-quality services while adhering to relevant laws and accounting principles.
Insurance Requirement
We will maintain such insurance coverage during the period of engagement. Harshwal & Company, LLP maintains the following insurance:
l. Professional liability for $2,000,000 per claim and $4,000,000 aggregate. The carrier 1s Hanover Insurance Company.
2. Commercial general liability and property damage for $2,000,000 per occurrence and $4,000,000 aggregate. The carrier is Sentinel Insurance Company Ltd.
3. Automobile liability for $2,000,000. The carrier is Sentinel Insurance Company Ltd.
4. Workers' compensation (statutory amounts and limits) insurance carrier is Hartford Fire and Its P&C Affiliates. The limit of the liability is $1,000,000. ► A copy of our Insurance document is attached below.
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ACORD@ ~
CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDD/YYYY) \,,_.---' 07/02/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT.AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY Tl:IE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTIT\JTE A CONTRACT BElWEEN THE ISSUING INSURER(SJ, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder i& an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlflcate doe& not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER wVW>"'- ' !!JIME:
McGowanPRO ~ ~ 50.6:-656-1300 7·rf1!!2l;.. s~51a_ __
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INSURED INSURERS: i Harshwal & Company LLP "· ~-c...-.. -~ • 11405 W Bemardo Ct Suite A .!!'.!!:'.!!£RC.: --
San Diego, CA 92127 F_ INSURERD: ·~·
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOiWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'MilCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL :JHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • ____ • • iiiis TYPE OF INSURANCE D~ r --- POLICY NUMBER M1Zf'y'/!Y.p
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DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 1111. Additional Remsrb SdMldule, H' more space Is raqulrad) 09/30/2009
CERTIFICATE HOLDER
Harshwal & Company
LLP 11405W
Bernardo Ct Suite A
San Diego, CA 92127
ACORD 25 (2010/05)
Retro Date:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLIC PROVISIONS.
D CORPORATION. All rights reserved.
The ACORD name and logo are registere s of ACORD
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~~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYYI I 06/22f.?024
'0-IIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH!S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGA TIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cartificate doe.~ not confer rights to the certificate holder In lieu of such endorsement(s).
PRo-~~R =mACI
CAMICO SERVICES INC/PHS uauc.
57141555 PHONE (866) 467-8730 ir~,No): The Hartford Business Service Center (A/C, No, Ext):
3600 Wiseman Blvd E-MAIL
San Antonio, TX 78251 ADDRESS:
INSURER(SI AFFORDING COVERAGE NAICil
INSURou INSURER A: Sentinel Insurance Company Ltd. 11000 HARSHWAL & COMPANY, LLP. INSURER 8: Hartford Fire and Its P&C Affiliates 00914 11405 W BERNARDO CT STE A INSURERC:
SAN DIEGO CA 92127 INSURERD:
INSURERE:
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIGY .PERIOD INDICATED.NOTWITHSTANDING Al'N REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO w-iicH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT_ TO· ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS~ TYPE OF INSURANCE ADDL SUSR POLICY NUMBER POUCYEFF POLICY EXP LIMITS L"' INSR '•••m , .. 1 ... 1"\r,,,U-....;,.
COMMERCIAL GENERAL UABIIJTY EACH OCCURRENCE $2,000,000 1-- J cLAIMS-MADE00CCUR !DAMAGE TO RENTED I DaC'l.!IC'lc;ct JC....,.,.__ _.,. _ .. $1,000,000 -
X General Liability MED EXP (Afr/ one _pel5on) • $10,000 A X 57 SBA BM7653 05/12/2024 05/12/2025 PERSONAL& Af:N INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $4,000,0QO R0
POLICY □ PRO- 0LOC PRODUCTS - COMP/OP AGG $:4,000,000 JECT OTHER:
AUTOMOBILE UABIUlY w--•-v"~'" U MI $~,000,000 IEII acddent1 - mYAUTO BODILY INJURY (Per pMlOO)
- ALL OWNED - SCHEDULED A AUTOS AUTOS 57 SBA BM7653 05/12/2024 05/12/2025 BODILY INJURY fler acctdent} I-- HIRED - NON-OWNED PRO~ERTY uAMAG" X AUTOS X AUTOS (Per accident) -- -
UMBRELLA LIAS 7
0CCUR EACH OCCURRENCE
EXCESSLIAB CLAIMS- AGGREGATE MADE
f'E"i I RETENTION$
WORKERS wMPENSATI!)N X ]PER I l
:OTH- AND EMPLOYERS' UABIIJTY STATUTE ER
All'/ VIN E.L. EACH ACCIDENT $1,000,000
B PROPRIETORiPARTNERA;J(ECUTIVE [ NIA 57 WEC AG8JZ9 07/21/2024 07/21/2025 OFFICER/MEMBER EXCUJDED? E.L. DISEASE -EA EMPLOYEE s1.,ooo,oqo !Mandatory In NHI If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 O!cSCRWI\ONO!' OPERA'Mt<S bt1<>N DESCIUPnON OF OPERATIONS I LOCA 110NS f 'WHICLES (ACORD 101, Additional Remarks 8chedult1 may be attached ff mort space is '9quired) Those usual to the lnsured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SSOOOB attached to this policy.
CFRTIFICA TE HOLDER CANCELLATION
TPS Office Investment LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED , Heritage Real Estate Company LLC BEFORE THE EXPIRATION DATE THEREOF, NOTICE IMLL BE DELIVERED 6565 AMERICAS PKWY NE STE 120 IN ACCORDANCE WITH THE POLICY PROVISl()NS.
ALBUQUERQUE NM 87110 AUTHORIZED REPRESENTATIVE
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© 19B8-2015 ACORD CORPORATION. All nghts reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 218
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Technical Proposal tol Provide Specialized Auditing Services tosBanos
..;.,;.
!
I
Benefits of Choosing Harsbwal & Company. LLP
Harshwal & Company, LLP is recognized for its professionalism, integrity, and providing c)ients with effective resolutions for their unique circumstances and issues. Our firm prides itself on being able to provide personalized client services, and with that sentiment in mind, we have carefully chosen our engagement teams. Harshwal & Company, LLP's main objective is always to provide the City with solutions and directions, led by highly experienced and capable partners who can successfully .implement the work and produce the results you expect. This philosophy and mindset allow us to provide a superior level of service.
We trust that this proposal has given you the information you need about the firm, the engagement team members, and our overall audit approach. We are committed to exceeding your expectations, and we look forward to bringing our experience and expertise to the City and providing you with the excellent level of service that you expect and deserve.
Inherent in our service is the on-going support, education, and advice to our clients. The comprehensive service includes:
■ Email updates on all new and pertinent developments.
■ A careful review of the effects of these new developments (if any), on your particular circumstances. If necessary, we will advise you on any changes needed in accounting procedures. ■ We will meet with the Finance Department head at the beginning of the audit to advise on matters of particular interest. We will provide "best practices" for effective daily operations that will also p~ovide information necessary for the financial statements.
■ Throughout the audit, we will advise your accounting personnel on best practices for maximum efficiency in each major operational area.
"Keeping in touch with" is the hallmark of our service. You will receive phone calls, emails, and information through the Harshwal & Company, LLP portal on a consistent and regular basis. 219
Exhibit C
., tOsBanos
City of Los Banos
Cost Proposal to Provide Specialized Auditing Services
for the Periadfrt1m July OJ, 2022, through June 30, 21)24 Submitted by:
HA~H~~fN~ CERTIFIED PUBLIC ACCOUNTANTS
11405 W. Bernardo Court, Suite A,
San Diego, CA 92127
Phone: (858) 939-0017
May 15,2025
Contact Pt-rson
M,muging Partner: Sanwar Harshwal, CPA
Address: 1 UIJ5 W. Bernardo C"urt, Suite A, San Diego, CA 92127 Cell Ph,me: (858) 784-/621
Federtll Employer JD Number: 27-(174137/i
E,r,ail: sanwat@j,arshwalcom I Website: www.harshwal.com 220
~H~j,st ~! __,;;.__________________________ CERTIFIED PUBLIC ACCC °i:i'"NTA N TS
TABLE OF CONTENTS
TITLE PAGE
TABLE OF CONTENTS .................................................................................................................................... 01 TRANSMITTAL LET'fER ....................................................................................................................... 02 COST PROPOSAL (Section Vl. D. - RFP Page No. l 0) ........................................................................... 03
1. Total All-Inclusive Maximum Price (Section VI. D. 1. - RFP Page No. I 0) ................................. 03 a) Attachmem A - AUDIT WORK COST PROPOSAL FORM .................................................. 03 b) .Attachment B - ESTIMATE OF COST ................................................................................... 03
2. Manner of Payment (Section VI. D. 2. -RFP Page No. 10). .......................................................... 04
221
May 15, 2025
City of Los Banos
ATIN: Lucille L. Mallonee, City Clerk
520 J Street,
Los Banos, CA 93635
Dear Lucille L. Mallonee and Evaluation Committee Members, H~~j,d' Lu
CERTlf,IED PUBLIC ACCOUNT A NTS .,
The partners and staff at Harshwal & Company, LLP are pleased to present our cost proposal to provide specialized auditing services. Our firm has experienced continuous growth and success as we meet and exceed client expectations. Our overall goal is to provide responsive, innovative services of the highest quality to our clients.
We understand that the City of Los Banos (referred to later in this proposal as the "City") requires a timely specialized auditing service of its capital projects. We are committed to meeting all terms, conditions, and requirements addressed in this request for proposal (RFP). With our experience and knowledge, we fully understand the requirements and your expectations for the services to be provided.
We strive to provide exceptional staff, quality, and value at the lowest possible fees consistent with the expectations of the City. Our rates are competitive, even with our depth of experience and commitment to quality. The total all-inclusive maximum fee for the entire scope of services for the period from July OJ, 2022, through June JO, 2024 will be $45,000.00. The fee bifurcation has been provided in the "Cost Proposal" section.
Our partner, Mr. Adi Harshwal, is authorized to represent the firm and he is the authorized person to contractually obligate the firm, to negotiate the contract on behalf of the firm and to be contacted for clarifications. He can be reached at 11405 W. Bernardo Ct., Suite A, San Diego, CA 92127; Phone No. (858) 472-9288, or via an email at adi@j,arshwal.com.
I
Harshwal & Company, LLP is a GSA vendor and a 100% minority owned CPA firm. i
We thank you for your consideration and hope that you will provide us with the opportunity to serve your esteemed organization with our services.
Sincerely,
Harshwal & Company, LLP
Ce~ f J:pt•
Adi Harshwal
Partner
'
2 11405 W. Bernardo Court, Suite A, San Diego, CA 921271 www.harshwal.com IP: (858) 939-0017 I
!
222
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I
I
Cost Proposal to Provide Specialized Auditing Services
t'osBanos
COST PROPOSAL
Total All-Inclusive Maximum Price:
Our fees are generally lower than other competing firms since we keep our overhead low; we follow a scientific audit approach and we make extensive use of emerging technologies that allow us to conduct audits efficiently. Our policy is to provide you with exceptional service that meets and exceeds professional auditing standards at a competitive cost.
i
A. Summarized below are the professional fees for the Citv•s specialized audit services for the period from .July 01, 2022, through .June 30, 2024:
ATTACHMENT A
Services Task
Review Capital Projects
Identify Anomalies
Evaluate Internal Controls
Present Findings
Total
ATTACHMENT B
Name of Firm:
Address:
Contact Information:
ESTIMATE OF COST
Harshwal & Company, LLP
11405 W. Bernardo Court, Suite A,
San Diego, CA 92127
Phone: (858) 939-0017
Email ID: [email protected]
Amount
$ 12,600.00
$ 19,500.00
$ 6,000.00
$ 6,900.00
$ 45,000.00
Auditors Standard Hourly Billing Rates
POSITION 2022 -2024
Partner $350
Manager $225
Senior Auditor $150
Staff Auditor $120
Clerical $ 90
Page3of4
223
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Cost Proposal to Provid~ Specialized Auditing Services
Los Banos
i
Rates for Additional Professional Services
We will perform additional work only if set forth in an addendum to the contract between the City and our firm. Our fees for the additional services, if required, will be based on the actual time spent by professional or administrative personnel at quoted hourly rates, specified above. Our standard hourly rates vary according to the degree ofresponsibility involved, and the experience level of the personnel assigned.
Manner of Payment
Progress billings will be sent on the basis of actual audit work completed during the course of the engagement. Interim billings do not cover a period of less than a calendar month. We view this work as being every bit as important and valuable as the work we perform for other clients and we put our best people on it. Any consulting work you request will be performed at the same rates as our audit work.
We have provided you a fee estimate based on the following assumptions:
• The accounting records will be in balance and supported by appropriate documentation; • The City's staffwilJ provide the supporting schedules for all asset accounts; • The City's staff will provide general assistance, such as locating documents, typing confirmation requests, and coorqinating meetings.
I
Benefits of Choosing Harshwal & Companv, LLP
Harshwal & Company, LLP is recognized for its professionalism, integrity, and for providing clients with effective resolutions for their unique circumstances and issues. Our firm prides itself on being able to provide personalized client services, and with that sentiment in mind, we have carefully chosen our engagement teams. Harshwal & Company, LLP's main objective is always to provide the City with solutions and directions, led by highly experienced and capable partners who can successfully implement the work and produce the results you expect. This philosophy and mindset allow us to provide a superior level of service. We trust that this proposal has given you the information you need about the firm's costsaving measures and audit fees. We are committed to exceeding your expectations, and we look forward to bringing our experience and expertise to the City and providing you with the excellent level of service that you expect and deserve.
Inherent in our service is the on-going support, education, and advice to our clients. The comprehensive service includes:
• Email updates on all new and pertinent developments.
• A careful review of the effects of these new developments (if any), on your particular circumstances. If necessary, we will advise you on any changes needed in accounting procedures. • We will meet with the Finance Department head at the beginning of the audit to advise on matters of particular interest. We will provide "best practices" for effective daily operations that will also provide information necessary for the financial statements.
• Throughout the audit, we wilJ advise your accounting personnel on best practices for maximum efficiency in each major operational area.
"Keeping in touch with" is the hallmark of our service. You will receive phone calls, emails, and information through the Harshwal & Company, LLP portal on a consistent and regular basis. rrn _ ___ _ L!lJ P"ge 4 iJf 4
224
LOsBanos
I l 1J lU,, ;,
Agenda Staff Report
TO: Mayor & City Council Members
Joe Heim, Parks and Recreation Dire:io;J:;'-
June 4, 2025
FROM:
DATE:
TYPE OF REPORT: Consent Agenda
SUBJECT: Acceptance of Final Map No. 2016-01 East Center, Phase 38.
Recommendation:
That the City Council adopts the Resolution approving Final Map No. 2016-01 East Center, Phase 38.
Background:
The Tentative Tract Map No. 2016-02 was approved by the City of Los Banos Community Development Department on August 10, 2016 by Resolution No. 2016-40. In March 2018, the Public Works staff was contacted by the developer, Pioneer Development Company, Inc., for Final Map review for East Center Phase 2. In April 2019, the developer split Phase 2 into Phase 3A and Phase 38. In February 2022, the Public Works staff was contacted by the developer, Pioneer Development Company, Inc., for East Center Phase 38 Final Map review. The map was reviewed and deemed complete by the City's consulting firm; however, the developer resubmitted a revised map in March 2025. The revised Final Map was reviewed and deemed complete by the City's consulting firm and staff.
Discussion
The subject site is generally located withih the area bounded by Center Ave to the west, Pioneer Road to the south, Gus Villalta Drive to the east, more specifically identified as APN.431-270-012 and 431-270-014. The applicant is Pioneer Development Company, Inc. The map consists of 47 single family lots on 16.56± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2016-01 .
ITEM 7H
225
Fiscal Impact:
Financial security as required by the Subdivision Improvement Agreement, the Subdivision Map Act and Los Banos Municipal Code has been deposited with the City.
All required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
, nterim City Manager
Attachments:
Resolution
Exhibit A Legal Description
Exhibit B Final Map
Site Map
Subdivision Improvement Agreement for East Center Phase 3B Exhibit A Updated Cost Estimate Reflecting Public Utility Improvements Only Exhibit B Conditions of Approval
Original Cost Estimate
Vesting Tentative Map
226
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2016-01
EAST CENTER, PHASE 3B AND
ACCOMPANYING SUBDIVISION IMPROVEMENT
AGREEMENT.
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2016-01 East Center, Phase 3B and accompanying Subdivision Improvement Agreement; and,
WHEREAS, the single-family residential subdivision consists of 47 lots on 16.56± acres; and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, the City has received all necessary bonds and financial security, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2016-01 East Center, Phase 3B and accompanying Subdivision Improvement Agreement for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording based upon the following findings:
1. Final Map is in substantial compliance with Tentative Map No. 2016-01.
2. Financial security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.
3. All required processing, development, plan check, and inspection fees have been paid.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of June 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
227
EXHIBIT "A"
Legal Description
For APN/Parcel IDs : 431-270-012 & 431-270-014
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
TRACT A: APN: 431-270-012 & 431-270-014
Lot G of Tract No. 2016-01, East Center, Phase 1, in the City of Los Banos, County of Merced, State of California, according to the map thereof recorded December 20, 2018 in Book 80, Pages 29 through 35 of Official Plats.
Subdivision Guarantee
Cl TA Guarantee Form No. 14 (06105/2014)
Page3
Printed: 02.16.22 @09:22 PM
CA·FT-SPS-1·22-FFOM-3012100623
228
OWNER'S STATEMENT
WE, THE UNDERSIGNED, 00 HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TITLE OR INTEREST OF RECORD IN THE LAND SHOWN ON THIS MAP AND WE CONSENT TO THE PREPARATION ANO AECOROATION OF THIS FINAL MAP.
WE ALSO HEREBY OFFER AN IRREVOCABLE DEDICATION TO THE CITY OF LOS BANOS IN FEE FOR PUBLIC USE THE FOLLOWING STREET RIGHTS-OF-WAY AS SHOWN ON THIS FINAL MAP:
THE 20'WIDENING OF RIGHT OF WAY OF CENTER AVENUE, COLZANI COURT, GERMINO COURT, IACOPI COURT, LATRONICA COURT, PARADISO COURT, AND WHITEHURST DRIVE WITHIN THE BOUNDARY OF THIS FINAL MAP.
WE ALSO HEREBY OFFER AS AN IRREVOCABLE DEDICATION TO THE CITY OF LOS BANOS AS AN EASEMEJIIT FOR PUBLIC USE, ALL PUBLIC UTILITY EASEMENTS (P.U.E.) AND THE 1 FOOT WIDE WALL EASEMENT (W.E.) AS SHOWN ON THIS FINAL MAP.
WE ALSO RELINQUISH TO THE CITY OF LOS BANOS ALL ACCESS RIGHTS OF LOT 323 TO AND FROM CENTER STREET SHOWN TI-iUS .L.LL.L.LL ON THIS FINAL MAP.
WE HEREBY RESERVE LOTS A THROUGH CA$ SHOWN ON THIS MAP, SAID PARCELS ARE NOT DEDICATED HEREON, BUT WILL BE CONVEYED TO THE HOMEOWNERS ASSOCIATION BY SEPARATE DOCUMENT FOR USE AS LANDSCAPE AND/OR COMMON AREAS.
OWNER: PIONEER DEVELOPMENT COMPANY, INC., A CALIFORNIA CORPORATION BY: _________ _
DATE
NAME: _________ (PRINTNAME)
ITS; _________ (TITLE)
NOTARY STATEMENT
A NOlARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY lKE IDENTITY OF lHE INOIV\DUAL WHO SIGNED THE DOCUl.!ENT lO WHICH lHIS CERTlflCATE IS ATTACHED. AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF ____ _
COUNlYOF ____ _
ON- {D~A~TE~)-----BEFOREME~-------- , A NOTARY PUBLIC,
PERSONALLYAPPEARED ___ - --------------- {NAME OF SIGNER($)}
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME iN HIS/HER/THEIR AUTHORIZED CAPACllY(IES), AND THAT BY HIS/HEMHEIR S!GNATURE(S) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PER..nJRY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.
________________ ,NOTARY PUBLIC
PRINT NAME ___________ _
COMMISSION NUMBER: _________ _
COMMISSION EXPIRES: _________ _ ( DO NOT STAMP)
PRINCIPAL OFFICE LOCATION (COUNTY}: _____ _
NOTARY STATEMENT (TRUSTEE)
A NOTARY PUBLIC OR OTI--IER OFFICER COMPLETING THIS CERTIFICATE VERWIES ONLY THE IDENTITY OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED. AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF 11--\A.T DOCUMENT.
STATE OF ____ _
COUNTY OF ____ _
ON --,,{D"°AT"E,-) ____ BEFOREME~ __________ ,ANOTARYPUBLIC, PERSONALLY APPEARED ___ ~[N~A~M£~O"F--SIG~ N~E~R{~S),-) _________ _ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S} WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAt.AE IN HIS/HER/THEIR AUTHORIZED CAPACITY(lESJ, AND THAT BY HIS/HER/THEIR SIGNATURE{$) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON{$) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HANO.
_______________ ,NOTARY PUBLIC
PRINT NAME: ____________ _
COMMISSION NUMBER: _________ _
COMMISSION EXPIRES· _________ _ ( DO NOT STAMP)
PRINCIPAL OFFICE LOCATOO (COUNTY): _____ _
H:\ 29047 Eost Center - Phose 3\ dw,;i\29047-Ft.LPhose 3B.dwg Exhibit B
Final Map
TRACT NO. 2016-01
EAST CENTER, PHASE 3B
BEING A SUBDIVISION OF ADJUSTED PARCEL A OF LLANO.
2019-03 PER D.N. 2019044078, MERCED COUNTY RECORDS,
LYING IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 10 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
MARCH 2022
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ENGlNEE-RlNG
1165ScenicDrive,Su!teA
Modesto, CA 95350
Ph209.571.1765 odellengineering.com
W PACHECO BLVD
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(HWY :n ANO 152)
PROJECT
SITE CARDOZA RD
VICINITY MAP
N.T.S.
PLANNING COMMISSION STATEMENT:
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I, STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR FOR THE CITY OF LOS BANOS, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO. 2016-01, EAST CENTER, PHASE 3B',
AND THAT THE SUBDIVISION IS SUBSTANTIALLY THE SAME AS THAT SHOWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CITY PLANNING COMMISSION ON THE 1ST OAYOF MAY, 2017, AND THAT THIS FINAL MAP OF "TRACT NO. 2016-01, EAST CENTER, PHASE 3B", COMPLIES WITH ALL REQUIREMENTS OF SAID PLANNING COMMISSION.
DATED THIS DAYOF ____ ,,2022.
BY:
STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
CITY OF LOS BANOS
TRUSTEE STATEMENT
WE, FIDELITY NATIONAL TITLE COMPANY, AS TRUSTEE UNDER THE CERTAIN DEED OF TRUST RECORDED FEBRUARY?, 2018, AS DOCUMENT NO. 2018-00377BAND 2018-003779, AND ANY APPROVED AMENDMENTS
THERETO, OFFICIAL RECORDS OF MERCED COUNTY, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP, "TRACT NO. 2016-01, EAST CENTER, PHASE3B", AND JOINS IN ALL DEDICATIONS THEREON.
TRUSTEE: FIDELITY NATIONAL TITLE COMPANY
BY: _________ _
DATE
NAME: ________ ~ PRlNTNAME)
ITS: __________ (T1TLE)
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF PIONEER DEVELOPMENT COMPANY IN MAY OF 2018. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT
ALL THE MONUMENTS SHOWN HEREON WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED BEFORE JUNE 30, 2023, THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO
BE RETRACED AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN DATED THIS DAYOF ______ ,2022
DYLAN CRAWFORD, P.L.S. 771!!!
CITY ENGINEER'S STATEMENT:
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO. 2016-01, EAST CENTER, PHASE 3B"
AND STATE THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND !WY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF ANY
LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH.
DATED THIS DAYOF ____ , 2022
BY· ~ SO~K~N~IRO~R~N~TH~A~N~, R~.C~.E~. 9~12~7B~------
CITY ENGINEER
CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT AT THE REQUEST OF THE CITY OF LOS BANOS, I HAVE EXAMINED THIS FINAL MAP AND IT COMPLIES WITH ALL THE PROVISIONS OF CHAPTER 2 OF THE CALIFORNIA SUBDIVISION MAP ACT, AS AMENDED, AND THAT 1AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.
DATED THIS DAYOF ______ ,2022.
BY: ~ ======~----
NARINDER SAHOTA, PLS 8719
REVIEWING CITY SURVEYOR
CITY CLERK'S STATEMENT:
I, LUCILLE L. MALLONEE, CITY OF LOS BANOS, STATE OF CALIFORNIA. 00 HEREBY STATE THAT AT THE
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, HELD ON THIS DAY OF , 2022. THE ACCOMPANYING FINAL MAP OF "TRACT NO. 2016-01.
EAST CENTER, PHASE 38', WAS APPROVED AND ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE, LGT D, THE OFFER OF DEDICATION IN EASEMENT OF ALL PUBLIC UTILITY EASEMENTS {P.U.E.) AND THE 1 FOOT WIDE WALL EASEMENTS (W.E.), THE ACCESS RIGHTS OF LOT 323 TO AND FROM CENTER STREET AS INDICATED BY THE SYMBOL .L.L.L.LLL, ALL AS SHOWN ON THIS FINAL MAP; ACCEPTED THE OFFER OF DEDICATION IN FEE OF 20' WIDENING OF RIGHT OF WAY OF CENTER AVENUE, COLZANI COURT, GERMINO COURT, IACOP1 COURT, LATRONICA COURT, PARADISO COURT, ANO WHITEHURST DRIVE WITHIN THE BOUNDARY OF THIS FINAL MAP, ALL AS SHOWN ON THIS FINAL MAP. SAID ACCEPTANCE IS SUBJECT TO IMPROVEMENTS.
DATED THIS OAYOF ____ ,2022
BY: ______________ _
LUCILLE L. MALLONEE, CITY CLERK
CITY OF LOS BANOS
RECORDER'S STATEMENT
FILEDTHIS DAYOF ____ ,, 2022,AT __ O'CLOCK,_M.INVOLUME __ OF OFFICIAL PLATS, AT PAGES , AT THE REQUEST OF DYLAN CRAWFORD.
FEE$ ____ _
DOCUMENT NO.
MATT MAY, RECORDER
MERCED COUNTY, CALIFORNIA
VOL
BY: _A~S~s,s~T~ANT~ ~/0,,~uTY~ R~,c~O~RD~E~RPAGE SHEET 1 OF 5 229
SIGNATURE OMISSIONS:
PURSUANT TO SECTION 66436 OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING PARTIES HAVE BEEN OMITTED·
1. CENTRAL CALIFORNIA IRRIGATION DISTRICT, CANALS AND DITCHES- BOOK P OF DEEDS, PAGE 280, MGR.
2. ESTATE OF FRANK JACINTO MELLO, RIGHT OF INGRESS AND EGRESS, BOOK 1669, PAGE 642 OF OFFICIAL RECORDS, MCA.
3. TED E. AND JOYCE E. MEZA, DRIVEWAY, INGRESS AND EGRESS, BOOK 3204, PAGE 75, OF OFFICIAL RECORDS, MGR.
NOTES
1. THIS SUBDIVISION CONTAINS A TOTAL OF 16.561 ACRES, MORE OR LESS.
2. All DISTANCES SHOWN HEREON ARE GROUND DISTANCES, MULTIPLY DISTANCES SHOWN BY
0.999999004 TO GET GRID DISTANCES (AVERAGE COMBINED FACTOR FOR GPS MONUMENTS 1024 ANO 1025 PER R-3).
3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
LINE TABLE I LINE TABLE
LINE# DIRECTION LENGTH REF I LINE# DIRECTION LENGTH
L1 N89°55'10"W 1141.87 {M)(R--4) l L14 N0°22'01"E
L2 N0°04'50"E 125.00' (M){R-4) r L15 N70°20'06"W
L3 N89°55'10"W 19.90' (M){R-4) I L16 N89°55'08'W
l4 N0°04'50"E 399.01' (M)(R--4) L17 N0°22'01"E
l5 N89°55'10'W 624.98' {M){R-4) L18 N89°55'10"W
L6 N89°55'48"W 32.08' j {M)(R--4) L19 N9°08'10'W
. -----,-- L7 N22"28'55'W 33.86' (M)(R--4) l20 N59°53'37"W LB N85"18'59"W 50.00' (M)(R·1XR-2)(R-4) l21 N45°36'33"W L9 N56"58'59"W 110.00' (M)(R-1)(R-2)(R--4) L22 N84"59'57"W L10 N76°48'27'E 162.75' (MXR·1)(R•4} L23 N88°52'40"E
L11 N83°38'38"W 677.94' (M){R-4) L24 N0°04'50"E
L12 N0°22'01"E 8.19' {M){R-4) L25 N89°55'10-W
L13 N89°55'08"W 363.01' {M)(R-4) l26 N0°04'50"E
BASIS OF BEARINGS
N89°39'48"E BEING THE BEARING OF THE LINE BETWEEN MERCED COUNTY GPS/GIS 1024 AND MERCED COUNTY GPS/GIS 1025 (R-3). BEARINGS ANO DISTANCES ARE BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 111 NAO 83. 279.92'
59.90'
306.47
84.00'
0.39'
42.61'
4.61'
25.26'
46.71'
307.68'
251.83'
150.76'
276.39'
I
1/
fs ... f
. _,,
REF
(M)(R-2)(R-4)
(M)(R-2)(R-4)
(M)(R-2)(R-4)
{M)(R-2)(R--4)
{M){R-4)
(M)(R-5)
{M){R-5)
(M)(R-5)
(MXR-5)
(M){R-5)
(M){R-5)
(M)(R-5)
{M)(R-5)
I
I
=
I/
I
N
~ ,<§' 4, 0 125 250
~:l!:r"
2~!
!ei9
~f~
!l,;lrilj
~~t
ti ... " :i. ;a
;;_g_
EXISTING CITY
LIMITS
I 0
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u.
0 >- Iz
:::,
0 ()
I 500
I SCALE: 1' ,. 250'
GPS STATION 1024
~,
,S.E.l.QE.TMl,, .A..,. I L25
ON THIS SHEET
; ~
l22
DETAIL A FROM THIS SHEET
(NOT TO SCALE)
,,
TRACT NO. 2016-01
EAST CENTER, PHASE 3B
BEING A SUBDIVISION OF ADJUSTED PARCEL A OF LLANO.
2019-03 PER D.N. 2019044078, MERCED COUNTY RECORDS,
LYING IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 10 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
MARCH 2022
" 71-~-~-- ,_,/ ...,DELL
ENGlNEE-RlNG
1165ScenicDrive,SulteA
Modesto, CA 95350
" ,._
~-
" I:
g
~
I ~ffil
CrTY Of LOS
S.W. CORNER, SECTION 23
FD 2" IP WITH CAP PER (R-1)&(R-2) IN
\
\
\
\ I PIONEER ROAD I
/ MONUMENTWELL,NOSTAMP e
g ' --------------------- -----
GPS GTATION 1025
Ph 209.571.1765 odellengineering.com
RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO. 1213
THE PROPERTY DESCRIBED ON THE HEREON SHOWN MAP IS IN THE VICINITY OF LAND UTILIZED FOR AGRlCUL TUR AL PURPOSES ANO RESIDENTS OF THIS
PROPERTY MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM
THE USE OF AGRICULTURAL CHEMICALS, INCLUDING BUT NOT LIMITED TO, PESTfCIDES AND FERTILIZERS, ANO FROM THE PURSUIT OF AGRICULTURAL
OPERATIONS INCLUDING, BY NOT LIMITED TO, PLOWING, SPRAYING AND BURNING WHICH OCCASIONALLY MAY GENERATE OUST, SMOKE, NOISE, AND ODOR.
THE COUNTY OF MERCED HAS ESTABLISHED AGRICULTURE AS A PRIORITY USE IN
AGRICULTURAL ZONES WHICH ARE OUTSIDE OF AN ESTABLISHED SPECIFIC URBAN
DEVELOPMENT PLAN (SUDP) BOUNDARY, RURAL RESIDENTIAL CENTER (ARC)
BOUNDARY, HIGHWAY INTERCHANGE CENTER (HIC) BOUNDARY, OR AGRICULTURAL SERVICE CENTER (ASC} BOUNDARY, AND RESIDENTS OF
PROPERTY IN THE VICINITY OF SUCH AGRICULTURAL ZONES SHOULD BE
PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL, NECESSARY AGRICULTURAL OPERATK)NS.
REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
(R-1) VOLUME 44 OF SURVEYS, PAGES 3-4, M.C.R.
(R-2) VOLUME 113 OF PARCEL MAPS, PAGES 12-13, M.C.R.
(R-3) VOLUME 28 OF SURVEYS, PAGES 9-12, M.C.R.
(R-4) VOLUME 80 OF OFFICIAL PLATS, PAGES 29-35, M.C.R.
(R-5) DOCUMENT NUMBER 2019-044078, M.C.R.
(R-6) VOLUME 86 OF OFFICIAL PLATS, PAGES 4-8, M.C.R.
\
\1
\.
LEGEND
RESOLVED BOUNDARY LINE
CENTERLINE
JJJ/7777777777/JJJJJJ?J
RESTRICTED ACCESS
CITY LIMITS LINE
(T) TOTAL
(R) RADIAL BEARING
FD FOUND
IP IRON PIPE
(BASIS OF BEARINGS) ~ISK, RCE~ER (R-3) L FD2"DISK,RCE15310 PER~
• GRID COORDINATES -.,R-3)
([ = 1,838,047.846
• S s9·39'4s" w~- 7149.96'(GRID) [~97'(M)(ii=--i) 7149.93'(R-2)(GR0UND)] --,j,----- N = 1,838,089.872 E = 6~061.499
IE = 6,453,911.666
VOL PAGE SHEET 2 OF 5
230
\ ••o<o''
o,-"o
*'"o\
,;00·
r '?-·
\I'"'
i
~
N89°55'10"W
150.76'{M)(R-5)
REMAINDER 47259S.F.
LOTC
1 j[
~
~
,--1 >~ I !! 7
I ~~ I e,m
I ~ ~§ NAP. I z c§c]
I ~ :;5l I <( ~ a
I I
I
I
a:
w
fz
w
0 20.11·
l'W.E. 343.00'
323
I j NSS"38'38~~f947" 524.13' L I NAP. ' (M)(R·4)(R·6) _j - - - LlE4'tltt'C- - - - - _J
FROM THIS SHEET
(NOT TO SCALE)
SEE SHEET 5 FOR CURVE, LINE AND
RADIAL LINE TABLES
c,J ~ NBB052'40"E307.6B'(M)R-5) I 1692S.F.
@ ~ ~ O~ ~ N89"5510'W34878' L20 L2B NBQ~~!'11.i;1M;{:~j 420
1 30.10' zso~@-~ 126.35' ----~ ~955 1 ow50@{ 50"~ ljQ 8975 100.00' 100.00' 100.00' w NB4°57'3B"W c58 --@ C'ss ',-..,J I_~ I ~ : 5 o o 90.52'(T) ;Kfil/ o-._____ C57 10' P.U.E. o~o~ § / ~;~r 10'P.U.E. ---@o-2,Ss--- 1lfil/ 81 /4RBO~~~F ~ ~ ( \! /\L.;;r\ e, ,eIBJ ENB9"55'10'W @~ 1 0~ • §l 368 ~ i/1 367 1~ 366 I
O O _ 0_~ / -- s.10· rl2s --/J!:!_s'J:3,v,, (,.;\ '------ 11ssos.F. b ~ 12491s.F. t:G 12soos.F.
L2 <",.. -135,59•_ o c2 0 149.7B' elo ca 8-Bo•----.::.:. _ o> --- ~ - ~ N89°5508"W 30647'(M)(R2)(R-4) N10~0.!:!_o [!~.:}!_ _ _;!4 N11°,s:s9 --- _ 14.71' b LOTA FD3WIPW/TAG"LSB664" / --\ ~ i ( ~,10' '11t10,;1 30 0 __________ _:!_ P.U.E.l.I 11~ l;l -
1479 S.F. PEA(R2)(R-4J '2) / 1 o f;i.J !& ~ 4~ -.. CS2 Cs1-----·a2.40• ---,------·100.00·------i--· 1;,..._ $ I(? o1/o~N?101s'J3• ~ o C5o - o.::::;;:-- '
ON SHEET s \_ FD314'IPW/TAG"Lsass,· 0 .,/ ~,~ / µ_-~---- 82 "'10,_75, @--------_ G49 WHITEHURST DRIVE I
PER(R·2)(R·4) L TB :;; 0 ; / , : •
90~ - ---@~ ____ 1'§9°55'10~ 1025.92' __
2598S.F. ~ @ 0 / ~~.~:27E ---1.r __ o ~ o• ruru I 275.00' ' 4~ / L 21.a5•-4!!r_2,:1; .,- ~ : .._Jt ____ Na9°55•10-w 194.71' 1 0 _ fj : 325 w L .. s3.3f1-:ll-----, ~ :wi: , :wtv ,.~------91.sa N.A.P. 0 ~ f] ,.__/ I'-: l 1- ,
I
_ ~ -, 0 1 13980 S.F. lg 326 : <'> . u.j r- I
\ Sl 1n/<t) 1 - '. ~ ~ =>:;;: l 332 e,i-\.\'2, ~--::-7~ / ~ 10371S.F. ~ ~I~"'~ 8824SF ~►"' 1¥ ; ~ ~Ir 1'" ~ ? ~ ;I ti: P, / ,- 0... ,... ,... I z; I I \ \ '?:, ~ ._,, ~ NB9°55'10'W g N89"S5'10"W I g ~I 5 "p I NB9°55'10"W >- a. g @ ~o 1
6 125.09' 115.00' , 1 z gl U ~ 1 1 111.so·
;:;;; I-~~ ~ 9R/Ri ~o,12R
~I ~ a:b "'' 324 g 327 ~/u 1.:E ';;'.\~ 331 ~I& I
<C <C U) CIU)I 17.97 0 z O O 1797
>cS: l5 sel is"o: 9'36SF 8355SF f._( lffi ~ \ 8049S.F.
~ I !i ~ ~I~ ~k t CJ ~ f5 (5(3 =~-- ~~=""'- 1' ~ ~ 0', N89°5510'W N89°55'10'W ' @ • N89°55'10'W > <( I ~"
~ i:!:l "'IN ~ 0 ,!fil/) \ 10626 ' 94.26' 10·R ' '-0: l~ -;!Z"1..wii" • ~g
ffi (.) V 1Q p U E ~ C10 r ~ '-.,_ 1 ' P
~ 0 N89°55'08"W 363.00'(M)(R-2)(R·4) ) @-@ ~ : 0 ', -- QV..--\ / O U E w I J 343.00' 1\,,,, LB 2iJ f 323 -:; - \ ~ 330
u' Ll(R-6) ~F2:;;;;;;;;~=~--:.==-------E:!.!e'_ 155.833''(A(A-6l \ "'i • .JI 21315SF ::: \ vo'o q,':>Q, / I I\_
'--····-···----~ ',, ~ b, ,./ FD2"IPWffAG"LS2402" ~ N .... _ ~/ ~
~
FD1"IP '
I PER (R-1)(R-2)(R-4} / j 83"3B'38"W 677.94'{M) -4) (R-B) FD3/4"IPWrTAG"LSas64' I NBJ"3s•s1-w 52000•
1 " PER (R-2)(R-4) I . ·J){R-6)
N.A.P 307 306 305 304 /
'Ol"E NO TAG PER (H-2)
EAST CENTER,
PHASE'. 3A
85-0P- 4-8
303 rr...m1eJ.J....
ON SHEET 5
20.00'(M)(R-1)(R-6)
N.A.P.
335
9739S.F.
N76°48'27"E
13.15'
~-7.J,
""6~
1- """
w
w
I
Cf)
TRACT NO. 2016-01
EAST CENTER, PHASE 3B
BEING A SUBDIVISION OF ADJUSTED PARCEL A OF LLANO.
2019-03 PER D.N. 2019044078, MERCED COUNTY RECORDS,
LYING IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 10 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
MARCH 2022
,. -ELL
ENGlNEERlNG
1165 Scenic Drive, Suite A
Modesto,CA95350
Ph 209.571.1765 odellengineering.com
,---7
I ~ I
I ~ ~ I
I ~; I
I ~ i I ~ ~
I ~ 1 I
I l \ I
L - □" _J
DETAIL B FROM THIS SHEET
(NDT TO SCALE)
I
N
~ 30 60
SCALE: 1· .. so·
REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
{R-1) VOLUME 44 OF SURVEYS, PAGES 3-4, M.C.R.
(R-2) VOLUME 113 OF PARCEL MAPS, PAGES 12-13, M.C.R.
(R-3) VOLUME 28 OF SURVEYS, PAGES 9-12, t.tC.R.
(R-4) VOLUME 80 OF OFFICIAf. PLATS, PAGES 29-35, M.C.R. (R-5) DOCUMENT NUMBER 2019-044078, M.C.R.
(R-6) VOLUME 86 OF OFFICIAL PLATS, PAGES 4-8, M.C.R.
MONUMENT NOTES
120
o SET 3/4" x 24" IRON PIPE WI PLASTIC PLUG "PLS 77f:J" FOR UNPAVED AREAS OR 1.17" BRASS DISK STAMPED "PLS 7788" FOR CONCRETE AREAS.
@ SET 3/4' x 24" IRON PIPE Wt PLASTIC PLUG "PLS 7788" IN MONUMENT WELL.
T SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" FOR ALL FRONT AND REAR LOT CORNERS.
I) SET 5.00' WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURED ALONG LOT LINE, RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTED. 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788". ~ SET 1.00' WITNESS CORNER IN SIDEWALK, MEASURED ALONG RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTEO. 1.17" BRASS DISK STAMPED "PLS 7788".
D FOUND 3/4" IRON PIPE TAGGED "PLS 77E-0' PER (R-4).
P FOUND 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN MONUMENT WELL PER (R4). @ FOUND MONUMENT AS NOTED IN MONUMENT WELL.
• FOUND 3/4" IRON PIPE TAGGED 'PLS 7788" PER (R·1), UNLESS OTHERWISE NOTED.
VOL PAGE SHEET 3 OF 5
231
C")
1-
w
w
I
Cf)
C,
~
100.00' 100.00'
365
12500S.F.
~
!\l 364
12500S.F. ~
100.00'
363 8 12500S.F. el
NB9°55'10"W 1490.65'
1141.B7~~41
100.00'
362
12500S,F ~,~ 18
100.00'
361 2l 12500S.F !\l
10Cl.OO'
360 12500S.F
<l
el
~ 100.00' 100.00'
~ ~ 12500 358 S.F. I' I 359
12500S.F 62
100.00· ------• -- k ;:~: ------1 ------100.00· ·-----+ -----· 100.oo·------1------· 100.oo· ------1------1 oo oo,------f ------100.00··------ ------100.DO"·----- ______ _ (P.U.E.) NB9"55'
1 0"W ,s,.50' WHITEHURST DRIVE (P,U.E,) ~ D N89°5510'W 1990{M){R4) -N89°5,'1';.:1947~-- - i ,,s)' N89°55~
7 :.:1953:
890551
0'W
102592 i N89°55~
7 o~:a,,530 r 13:::.5510'W i 7, 42~ --1- 97 11 ------\<~ '1 -;; (~----- 97 60' ---- - ---- 97 70' ------,1<,,v II v<.:> (~----- 97 60' --- ----- 97 70' ------,1<,,6' II -~,------9..7 .... ~------- □ - 1' i=-•I
i
-:-i
1o 1:s ci z~
I I / I I I "'f"
333 :,.., 1 o! 339 ~ 340 lo I c,1 348 ~ 349 'c::- 1 inl 357 ~ i 1 8B24S.F. 1«!f-..Nl-----:-,'-t~ BB24S.F. g B824S.F. ---:;i-,..,1-----:-,;i-C'!. (324S.F. g BB24S.F. "'": I "'": 8B24S.F. g~ 66 I !lS ~ i ~ ~ wi :$ ~ ~ ~; $: :$ ~ ~ ~~ $: ig N89°55'10"W I w w1~w I NB9°55'10"W NB9"55'10"W i w w1£1:-~ 1 NB9"55'10"W N89°55'10"W i ::!: g3, =! ~ 1 N89"55'10"W I 111.50' ! (il lillb:~ ! 111.50' 111.50' 1 ~ ~,I-~ 1 111.50' 111.50' -; b ~,~~ 1 111.50' ------_, I ~~~5~~ !i~~~i :~~~~! ~ 334 i-.tz Zl~z ~1 338 ~ 341 ~z ~ 1 ,8 2 ~: 347 a 350 ~~ ~1,g~~ 356 ~~~ II 8623 S.F. 13<Rl ) O I a.. \, 16(R) 8623 S.F. ~ g 8920 S.F. ,-... <( r:::1 8920 S.F. ~ g B920 S.F. r--- r--- B920 S.F. g ~!;. l Q J ?it I~~.\~ ~ ,92
~ 1 I~ i 2DR ~ - i I~ : 21n g~ I
N89"55'10"W l(j'I I- \\Jl, NB9"S. 5'10"W ~ N89°55'10"W • I a? 89°5510-W ~ 1 ~ 9°5510-W ~ I 92.36' ~ 92.36' 6 111.38' c21 ,,l- ,f.J ~ i , C3S 111.38' b ~ ~ - 'C47 11138 _:al _____ __, _ 335 ¼). fJ ~ 342 '~( I \ ;, 346 8 I J 355 'f~ I ~ I @ I 1.§.[B_) '!;. / ~(B} I__J 0 -~ ~ IQ. Jo~ □ ~ I
q 9739SF f / 337 z ~ 807BS.F. I° @ 13\ 8078S.F. z ~ @ c!i: 7939SF ~ !!..b ~ • • ',, C18 -<._✓ 13099S.F. 3 \ o / ~ 0 / § ~~ 64 I
N 04 7"E % ;:,_... .,. ~-....._ , "'' I / N. I N5 le. I r& , So~':i" \Cl,-.., I ......... l1"o'J.f., ~o/{{,?J ~I ~ w(A <0 76 B'2 ~¼~ '--~-c.~1 __ .,.,.. 10 P.U.E. .~rl''c.\l"'l , A ""f,..__68°38, , i:'2. . --:-::!_9°<8'A-. <O ,.l} 4>~ 336 ,z, ...- ~'o ~$ -~,, q?J- ,. w 99.5$,...J..RJ - ~ Q,9~"3 C40 ,,. cy 98.?4 ~ -------f ' '4~♦ §' \ \ -
14358S,F, ~ ---Q~L-~ "'-- 10' P,U,E, __ <,<_;; ___ "'-.._ 10' P,U,E, I FD 1"IP J " 11~$,>, N85"l859"W ~ ~ 343 !,l.t ;._ 345 352 ~ 354 ~ I NOTAGPER(R·2) Grj'¼~ rso.OO(M)(R1) ~ 10348S.F. ~~ s 344 ~ 't 1034BS.F. ~ 1043BS.F. ... 353 i ~ 10198S.F. ~ 65 I r-9,'' •--L- N2202s·ss·w f:t ~ 7124S.F. ".A.\t -;f, C ~ 7330S.F. "'th t f 0 \./'3386 ~ -~ <f ~ 'gj I
FD 314• 1P \ ~ 1131 ' 1 N09°55•10-w 624.98' ;:--..._ /
1 W/TAG"LS8664" e 4 - 6367' 0 7919 O 11662 0 ___ 0 7919 0 80.52' 0 ___ 0 119.96' 0 74.53' □-□ PER(R4) JJ ~ 1\02(M)(R4) \ 7446(M)(R-4) 6000(M)(R-4) 6000(M)(R-4) 6000(M)(R-4) 60.00'(M)(R-4) 60.00'(M)(R-4) 60.00'(M}(R-4) 60.00'(M)(R-4) I --,i------1 1 N89"5548"W 69 68 67 I NA p 3208'{M)IR 1) 76
FD3/4'IP 77 75 74 73 72 71 70 EAST CENTER, 1
W/TAG'LS8664' p I JASF ·1 I PER(R 2}(R4) r .,__,
78 80-0P-29-35
LAMOGLIA STREET
1 ------------------------------
MONUMENT NOTES
o SET 3/4" x 24" IRON PIPE WI PLASTIC PLUG "PLS 778B" FOR UNPAVED AREAS OR 1.1r BRASS DISK STAMPED "PLS 7788" FOR CONCRETE AREAS.
@ SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN MONUMENT WELL T SET 3/4" x 24" IRON PIPE WI PLASTIC PLUG "PLS 7788' FOR All FRONT AND REAR LOT CORNERS. i, SET 5.00' WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURED ALONG LOT LINE, RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTED. 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788". ;ll'. SET 1.00' WITNESS CORNER JN SIDEWALK, MEASURED ALONG RADIAL LINE OR PERPENDICULAR TO STREET CENTERI.INE AS NOTED. 1.17" BRASS DISK STAMPED "Pl S 7788".
D FOUND 314" IRON PIPE TAGGED "PLS 778B" PER (R-4).
:a: FOUND 314" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 778B" IN MONUMENT WELL PER (R·4). @ FOUND MONUMENT AS NOTED IN MONUMENT WELL
• FOUND 314" IRON PIPE TAGGED "PLS 77B8" PER (R-1), UNLESS OTHERWISE NOTED.
SEE SHEET 5 FOR CURVE, LINE AND RADIAL LINE TABLES
, I
' 7
TRACT NO. 2016-01
EAST CENTER, PHASE 3B
BEING A SUBDIVISION OF ADJUSTED PARCEL A OF LLANO.
2019-03 PER D.N. 2019044078, MERCED COUNTY RECORDS,
LYING IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 10 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
MARCH 2022
VOL
"' ELL
ENGlNEE-RlNG
1165 Scenic Drive, Suite A
Modesto,CA95350
Ph 209.571.1765 odallengineering.com
I
N
~ 30 60 120
SCALE: 1" c60'
REFERENCED RECORD DOCUMENTS MERCED COUN1Y RECORDS
(R-1) VOLUME 44 OF SURVEYS, PAGES 3-4, M.C.R.
(R-2) VOLUME 113 OF PARCEL MAPS, PAGES 12-13, M.C.R.
(R-3) VOLUME 28 OF SURVEYS, PAGES 9-12, M.C.R.
(R-4) VOLUME 80 OF OFFICIAL PLATS, PAGES 29-35, M.C.R.
(R-5) DOCUMENT NUMBER 2019-044078, M.C.R.
(R-6) VOLUME 86 OF OFFICIAL PLATS, PAGES 4-8, M.C.R.
PAGE SHEET 4 OF 5
232
LINE TABLE
LINE# DIRECTION LENGTH
L1 s0°22·01'W 8.19'
L2 S89°55'08"E 20.00'
L3 I N0°22'01"E 12.57'
L4 547°43•2rw 10.70'
LS S71"15'33"E 18.39'
L6 S26°15'33"E 20.58'
L7 S18"44'27"W 35.43'
- LB N89°37'59"W 22.00'
L9 N63°44'27"E 20.59'
L10 s41•54•3s•E 19.47'
L11 N45°17'50'E 19.59'
L12 S47°01'07'E 19.64'
L13 N45°17'50'E 19.59'
L14 S44°42'10"E 19.59'
l15 N45°17'50"E 19.59'
L16 S44°42'10'E 19.59'
- f--
L17 N45°04'50'E 19.59'
L18 N31°05'19"W 20.40'
L19 N0"04'50"E 1.23'
l20 N0°04'50"E 1.23'
L21 N67°19'10'E 26.40'
l22 S9"08'10"E 42.61'
l23 N59°53'37'W 4.61'
L24 N45°36'33"W 25.26'
l25 N84°59'57"W 46.71'
L26 N84°57'38"W 27.63'
L27 I N89°55'10"W 0.39'
*
;0"04'50'E 1.23' ,. 89"55'08"E 12.16'
L30 I N0°22'01"E 2.60'
r- CURVE TABLE
CURVE# RADIUS
Cl 291.00'
C2 150.00'
C3 150.00'
C4 376.00'
cs 38.00'
c, 324,00'
-
C7 324.00'
cs I 324.oo·
c, 23.00'
C10 48.00'
C11 48.00'
C12 48.00'
C13 48.00'
C14 48.00'
C15 48.00'
C16 23.00'
C17 23.00'
C18 48.00'
C19 48.00'
C20 48.00'
C21 48.00'
DELTA I LENGTH
11•4r23• I 59.37'
1s03a•s4• I 43.58'
1a•39•34• I 48.85'
18°22'25' I 120.58'
so•45•59• I 40.30'
2°01'41 " 11.47'
16°20'44" 92.43'
18°22'25" I 103.90'
46°21'31" I 1a.61'
272°43'03"1 228.47'
59•30'31• I 49.85'
49"47'58" I 41.72'
55°29·15· I 47.32'
47°44'47" I 40.00·
59•10·23• I 49.57'
46°21•31" I 18.61'
46°21'31" ! 18.61'
272°43'03" 1 228.47'
2s0 29·12· I 22.19'
73"23'44" I 61.49'
12°sr11· I s1.12'
CURVE#
C22
C23
C24
C25
C26
C27
C2B
C29
C30
C31
032
C33
C34
C35
C36
C37
C38
C39
C40
C41
C42
CURVE TABLE
RADIUS DELTA I LENGTH CURVE#
48.00' 73•23•44• I 61.49' C43
48.00' 2s029•12· I 22.19• C<4
23.00' 46°21'31" , 18.61' C<S
23.00' 46°21'31" i 18.61' C46
23.00' 5°s2•3r 2.36' C47
23.00' 40°28'54" I 16.25' C48
48.00' 272°43'03" 1 228.47' C49
48.00' s1•3r52• I 56.66' cso
48.00' 45"49'07" I 38.38' C51
48.00' 45°49'07' I 38.38' C52
48.00' 45•49•01· I 38.38' C53
48.00' 67"3Ts2· I 56.66' C54
23.00' 46°21'31" J 18.61' C55
23.00' 40•25•54• I 1s.25• C56
23.00' 5°52'37" 1 2.36' C57
23.00' 46"21'31" 18.61' csa
23.00' 5°50'02" 2.34' C59
23.00' 40•31•29• I 1s.2r C60
48.00' 272°43'03' 1 228.47' C61
48.00' s1•24•24• I 56.47'
48.00' 46°30'33" I 38.96'
CURVE TABLE
RADIUS
48.00'
48.00'
48.00'
23.00'
23.00'
23.00'
350.00'
324.00'
324.00'
324.00'
277.50'
222.50'
150.00'
250.00'
350.00'
350.00'
376.00'
150.00'
250.00'
DELTA I LENGTH
46°58'36" 1 39.36'
45°01'35" 1 37.72'
(':3°47'55" 1 55.96'
46°21'31" 1 18.61'
40°31'31" 1 16.27'
5•50·01· I 2_34•
18°39'36" \ 113.99'
18°39'36' 105.52'
3°06'50' I 11.s1·
15°32'46"
11°37'27"
5°37'00"
38"52'1r
18°39'36"
18°19'18"
13°21'46'
10°43'26'
15°3B'39"
18"39'36'
87.91'
56.30'
21.81'
101.76'
81.42'
111.92'
81.63'
70.38 j 40.96
81.42' I
329
Ns4•10•59"W 10.00' ;----------------
! ' !~ ! 1,___ 10 P U E /0
RADIAL BEARINGS
LINE# DIRECTION
1{R) S3B"57'07'W
2(R) N3°11'41"E
3(R) N18°24'08"E
4(R) S78"17'43"E
5(R) N16"43'45"E
BIR) N29°36'03"E
7(R) S87°36'17'E
B(R) N6°02'17'E
9(R) S43"33'38"E
10(R) N76°55'50"E
11{R) NTT0
06'13"W
12(R) S43°43'19-W
13(R) S43°33'38"E
14(R) S70"02'50"E
15(R) S70"12'31"W
16(R) S43°43'19-W
17{R) N84"02'33"W
18(R) N43"33'38"W
19(R) N43"43'19"E
20(R) N84°12'13"E
ii il
f/ /!l co13" 1 ~/ / r1s~~
I ~62.1scn / ·• ,a•'2.1"€: f ~o.S: N16°"""
i.\4'.' ·-. N83°38'38'W 677,94' -□-I
DETAIL E FROM SHEET 3
(NOT TO SCALE)
RADIAL BEARINGS
LINE# DIRECTION I
21(R) N84°05'07"W
22(R) N43°33'3B"W
23(R) N43"43'19"E
24(R) N84"14'49"E
25(R) N78"17'4J"W
26{R) S15°43'30"W
27{R) S5°00'03-W
28(R) S84°18'10"E
29(R) S69"01'57'W
TRACT NO. 2016-01
EAST CENTER, PHASE 3B
BEING A SUBDIVISION OF ADJUSTED PARCEL A OF LLANO.
2019-03 PER D.N. 2019044078, MERCED COUNTY RECORDS,
LYING IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 10 SOUTH, RANGE 10 EAST,
Jg
MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
MARCH 2022
VOL
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-ENGlN-E-E-RlNG
1165Scenic Drive,SuiteA
Modesto, CA 95350
Ph209.571.1765 odel!angineering.com
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DETAIL D FROM SHEET 3
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234
Recording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 S ace above this line for Recorder's use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this day of , 2025, between PIONEER --- --- -- DEVELOPMENT COMPANY INC., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2016-01, East Center Phase 3B, comprised of 47 single family residential lots on approximately 16.56± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
Subdivision Improvement Agreement FM #2016-01
EAST CENTER PHASE 3B
235
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. _ ___ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2016-01.
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 perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 1st day of October 2024, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS FOR PHASE 3A:
1. CONCRETE
2. PAVING
3. MISCELLANEOUS
TOTAL
$
$
$
$
6,682.00
58,014.00
7,000.00
71,696.00
2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $71,696.00 and Labor and Materials at 50%, $35,848.00 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $7,169.60 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.
Subdivision Improvement Agreement 2 FM #2016-01
EAST CENTER PHASE 3B
236
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.
ENGINEERING AND INSPECTION FOR EAST CENTER PHASE 3B
5% of Approved Engineer's estimate of $747,505.56 $ 37,375.27 Less: Deposit for Plan Check (Rec#01207029) $ (15,081.48) Less: Payment (Check#l 115) $ (22,293.79)
SUB-TOTAL $ 0.00
FINAL MAP REVIEW
Charges for East Center Phase 3B $ 4,919.28
Less: Deposit for Map Review (Rec#001445509) $ (2,000.00) Less: Payment (Check#l 115) $ (2,919.28)
SUB-TOTAL $ 0.00
TOTAL $ 0.00
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $71,696.00 (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 Tentative Tract Map No. 2016-01. All public improvements and utilities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of Subdivision Improvement Agreement 3 FM #201 6-01
EAST CENTER PHASE 3B
237
acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.
9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
Subdivision Improvement Agreement 4 FM#2016-01
EAST CENTER PHASE 3B
238
12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and . liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.
14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.
Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of Subdivision Improvement Agreement 5 FM #2016-01
EAST CENTER PHASE 3B
239
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 improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.
20. That the applicant furnish the CITY with a reproducible 8 1 /2" x 11" map of the Final Map of this development prior to issuance of permits.
Subdivision Improvement Agreement 6 FM #2016-01
EAST CENTER PHASE 3B
240
21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2016-01 prior to acceptance of public improvements or final of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2016-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.
26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.
27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
Subdivision Improvement Agreement 7 FM #2016-01
EAST CENTER PHASE 3B
241
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.
ATTEST:
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.
Attach a Notary Acknowledgement.
Subdivision Improvement Agreement
Pioneer Development Company Inc.
A California Corporation
Greg Hostetler
President
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
Michael S. Amabile
Mayor
PARTIES OF THE SECOND PART
8 FM #2016-01
EAST CENTER PHASE 3B
242
Exhibit A
Updated Cost Estimate
c-8•##199 ENGINEER'S EST/MA TE £ N Ci1 N€€-RlNG
Project Name: East Center - Phase 3B, 47 Residential Lots LOS BANOS, CA Project Progress Stage: City Public Improvements
ITEM DESCRIPTION UNIT QUANT.
A.CONCRETE
1 SIDEWALK-INCL. RAMPS, RETURNS
B.PAVING
1 2.5" A.C.
C. MISCELLANEOUS
1 MONUMENT WELLS
2 STOP SIGN
3 STOP BAR STRIPING
SF
SF
EA
EA
EA
1,028
SUB-TOTAL
9,669
SUB-TOTAL
19 1
1 SUB-TOTAL
UNIT COST
$6.50
$6.00
$350,00
$250.00
$100.00
Construction Total
Notes:
5/15/2025
AMOUNT
$6,682.00
$6,682.00
$58,014.00
$58,014.00
$6,650.00
$250,00
$100.00
$7,000.00
$71,696.00
1. 2.
This estimate does not include surveying, engineering, landscaping, street trees, joint trench, or irrigation.
This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated with the utility poles.
3. 4.
5. 6.
7 8
9 This estimate does not include cost for irrigation ditch removal, relocation, or pipe lining.
Esitmate grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
Items not included as part of this estimate:
A. Good Neighbor Fencing
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
This estimate is not intended for bidding purposes.
Service laterals for Lot 267 was built per phase 1.
J. Easement acquisitions
K. Retaining Walls
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal
0. Mail Boxes
P. Existing Irrigation Facility Demolition
This estimate does not include landscape and irrigation.
The property fence is a private improvement and is not included in the bond estimate. ----------'-p_:209.571.1765 I f:209.571.2466 PROBABLE COST 1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com O'Dell Engineering 243
EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP
#2016-01 REV-THE VILLAS
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 #2016-01 and approved Final Development Plan #2016-01, reflecting any amendments added during approval.
5. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
6. A Final Map shall be prepared by a professional land surveyor 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 (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
8. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.
9. A Final Map Guarantee shall be prepared and provided to the County Recorder.
244
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 #2016-01.
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.
245
19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property. A maintenance easement shall be provided as required by the Public Works Director.
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 the 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 to 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 and Economic Development Department.
27. Improvement Plans and Grading Plans shall delineate the location and design of all required walls 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. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any 246
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 Community and Economic Development Department:
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.
30. 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 15064.5(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 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 247
eight hours. This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Department.
33. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department 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;
b. Confine all vehicular traffic associated with construction to the right-of248 way 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 mec1sures;
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 comer lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.
42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets. and 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.
44. Where the project boundary abuts existing good-neighbor residential fences, the Developer shall replace with new fences in accordance with the requirements of the Los Banos Municipal Code.
45. The developer shall install a seven-foot continuous masonry wall to be built along Bluff Drive lots.
Air Quality:
46. All residences shall exceed Title 24 energy requirements. As many energy conserving features as possible shall be included in the design and 249
construction of new buildings. Examples include, but are not limited to. increased wall and ceiling installation, energy efficient lighting, high efficiency appliances, and solar assisted water heating. 4 7. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
48. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule # 1121.
49. 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.
50. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.
51. 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.
52. 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.
Access and Circulation:
SJ-. -~eF-te-e~Rsy-ef-4Ae-fiF6t-f8SieeAse-witRiA-~-~Et--oomm~ily,#\e eeyeloper shalt-seRstrust-Genler Ave-R¼:fe.feF-IRe41:t#--leRglA-ef-tAe-VestiAg +enlali1J0 ~-FfeRla§e-impm¥efflen&s shaU ee--~ieee feF-U:\e.fylt.wie&R ef.-.fi~-ef-way iRGl~GY~l:it:teF-ifflprovefflenls fmnling -&Re-:sefflele~ +Re-ifflpFEWemenls SRall·-iRGlooe-ff!eEHBR;--lfaY~Res,-eike-taRe-as at3plicable, sieewalk, 5' ~ssape-tet;-ane-4eseFati.ve-maS9RfY-.iA accerdanse-witR-tl=le-eas&-GeRlerAFea-PlaR,
53. Prior to the development of the two hundred and thirty eighth residence and or the initiation of phase three (3) of the East Center Area Plan, the developer shall construct Center Avenue for the full length of the Vesting Tentative Map. Frontage improvements shall be provided for the full width of the right-of-way including curb/gutter improvements fronting the cemetery. The improvements shall include median, travel lanes, bike lane as applicable, sidewalk, 5' landscape lot, and decorative masonry in accordance with East Center Area Plan.
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54. Center Avenue shall be constructed with a double turn lane along the length of the cemetery and the Whitehurst Funeral Chapel, or equivalent design, as approved by the City Engineer.
55. The Class I and II bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.
56. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Map 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.
57. The developer shall construct at least a half-section of any adjacent street on which the project borders, regardless of whether project access is taken from that street. The half-section shall be constructed in accordance with City standards, or as otherwise approved in the Vesting Tentative Tract Map, including, but not limited to curb, gutter, sidewalk, one-half of the planned travel lanes, median, decorative masonry wall, and landscaping.
58. 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.
59. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City standards.
60. Prior to approval of Final Improvement Plans, street sections for all streets shall be approved by the City Engineer.
61. 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.
62. Prior to approval of the Final Improvement Plan(s), all curb return radii less than 40 feet shall be reviewed for adequacy for turning movements of moving vans, fire apparatus, and other large vehicles, and adjusted accordingly.
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63. 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.
64. Traffic calming measures throughout the project area shall be provided by the developer and approved by the Public Works Director.
65. All streets within private property shall be privately owned and maintained.
Landscape and Lighting District:
66. 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.
Utilities:
67. 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.
68. 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.
69. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
70. Easements shall be provided across public property for the purpose of providing access for maintenance of public infrastructure. 252
Water.
71 . 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.
72. 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.
73. 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 meeting the illumination standards required in the City street light standards, except that cobrahead streetlights shall be used on arterial streets. 7 4. All street lights within private property shall be privately owned and maintained.
75. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
76. Approved backflow devices shall be installed as required.
77. Domestic water services shall not be placed in driveways.
78. Final Improvement Plans shall indicate the locations of water line elbows and manholes.
79. 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.
80. All water lines within the private property or common lots shall be privately owned and maintained, except that mains within private property may be publicly owned if an easement is provided for maintenance.
Sewer:
81. The existing Bluff Drive Sewer Pump Station capacity shall be upgraded to 1,900 gpm as identified in the Area Plan.
253
82. The existing force main in Page Avenue may need upgrades as determined by the Public Works Director as identified in the Area Plan.
83. 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.
84. 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.
85. Final Improvement Plans shall indicate the locations of sewer line elbows and manholes.
86. All sewer lines within the private property or common lots shall be privately owned and maintained, except that mains within private property may be publicly owned if an easement is provided for maintenance.
Storm Drainage:
87. The development shall provide storm drainage to the new basin, and then discharge directly to CCID Canal, as described in the Storm Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer. All improvements to conform to the City's Storm Drainage System Master Plan. All deviations to be approved by the City Engineer.
88. Final Improvement Plans for the storm drainage system shall utilize the TR-55 analysis method.
89. 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.
90. Final Improvement Plans shall include concrete structures at storm basin inlets and outlets. Rip-rap shall not be considered acceptable. The structures shall prevent nuisance water by diverting directly to the pump station.
91. All development shall comply with the Phase II storm water regulations.
92. 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.
254
93. 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.
94. The storm drainage basin shall be complete to the satisfaction of the Public Works Director prior to occupancy of the first house ( except model homes).
95. The applicant shall pay reimbursements as applicable for the Gardens storm drainage improvements; and shall be entitled to reimbursement for future development elsewhere within the plan area.
96. The applicant and City shall revise the drainage agreement with CCID as necessary to accommodate drainage flow into the Main Canal.
97. All storm drain lines within the private property or common lots shall be privately owned and maintained.
Public Safety:
98. Prior to 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.
99. On-street parking shall be prohibited in locations where a minimum 20-foot travel lane will not be maintained.
100. Emergency access to private property/ common areas shall be assured. 101. Gates at private streets shall be equipped with SOS Sire control System, Click to Enter controls, and Knox Box entry system approved by the Fire Chief. Manual operation or alternate access shall be provided for use in the event of a power outage.
102. The developer shall enter into an agreement with the City to assure that the developer or successor shall perform water system maintenance and maintain the required fire flow.
103. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
255
104. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards. 105. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
106. Each residence shall have 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
107. 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.
108. Street names shall be approved by the Fire Department. 109. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits. 110. Upon completion and approval of the project plans, a CD shall be submitted to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
Landscaping:
111. 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.
112. The developer shall comply with the adopted street tree ordinance. 113. Masonry walls shall be landscaped with vines to discourage graffiti. 114. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
115. A park dedication and improvement fee shall be paid with each building permit. Upon completion of public park improvements and dedication, the developer may be subject to reimbursement of park improvement fees for the expansion of Cresthills Park.
116. The developer shall include the following utilities in the parks: electrical, sewer, connections, storm drainage, and water service.
256
117. 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.
118. Landscape plans shall be designed in accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code.
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.
257
Original Cost Estimate
...,DELL ENGINEER'S EST/MA TE €NG1NE€~1NG
Project name: East Center - Phase 38, 47 Residential Lots LOS BANOS, CA Project progress stage: City Enginner's Estimate 3/23/2022 ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 EROSION CONTROL LS $6,500.00 $6,500.00
SUB-TOTAL $6,500.00
B.WATER
1 8" WATER LF 2,862 $20.00 $57,240.00
2 8" WATER VALVE EA 11 $1,300.00 $14,300.00
3 HYDRANT, BURY & GATE VALVE EA 10 $3,500.00 $35,000.00 4 CONNECT TO EX. 8" WATER EA 2 $1,000.00 $2,000.00
5 6"X8" REDUCER EA 10 $800.00 $8,000.00
6 HOUSE SERVICE INCLUDING METER EA 46 $750.00 $34,500.00 BOX
SUB-TOTAL $151,040.00
C. SANITARY SEWER
1 6" SEWER MAIN LF 1,169 $20.00 $23,380.00
2 8" SEWER MAIN LF 1,075 $23.00 $24,725.00
3 10" SEWER MAIN LF 131 $32.00 $4,192.00
4 STD. SEWER MANHOLE EA 11 $2,400.00 $26,400.00
5 CONNECT TO EX. 1 O" SEWER EA 1 $900.00 $900.00
6 STD. LATERAL EA 46 $975.00 $44,850.00
SUB-TOTAL $124,447.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 114 $25.00 $2,850.00
2 15" STORM DRAIN LF 248 $28.00 $6,944.00
3 18" STORM DRAIN LF 912 $32.00 $29,194.56
4 STD. SD MANHOLE EA 4 $2,400.00 $9,600.00
5 CATCH BASIN EA 7 $2,300.00 $16,100.00
6 CONNECT TO EX. 18" SD EA 1 $1,000.00 $1,000.00
SUB-TOTAL $65,688.56
E. CONCRETE
1 6" VERTICAL CURB & GUTTER LF 1,229 $13.00 $15,977.00
{INCL. RETURNS & DRIVEWAYS)
2 ROLLED CURB & GUTTER LF 4,624 $13.00 $60,112.00
3 5' CURB TRANSITION EA 20 $15.00 $300.00
4 SIDEWALK (INCL. RAMPS, RETURNS SF 1,332 $4.50 $5,994.00 5 WHEEL CHAIR RAMP (LABOR ONLY) EA 1 $500.00 $500.00
SUB-TOTAL $82.883.00
F. PAVING
1 2.5" A.C. OVER 10.5" A.B. SF 108,586 $2.50 $271,465.00 SUB-TOTAL $271 ,465.00
G. ELECTROLIERS
1 ELECTROLIERS EA 13 $2,500.00 $32,500.00
SUB-TOTAL $32,500.00
H. MISCELLANEOUS
1 R-1 STOP SIGN EA 6 $500.00 $3,000.00
2 "NO PARKING" SIGN EA 2 $250.00 $500.00
3 STRIPING LS 1 $1 ,500.00 $1,500.00
4 MONUMENT WELLS EA 24 $325.00 $7,800.00
5 IRRIGATION SLEEVE EA 26 $7.00 $182.00
SUB-TOTAL $12,982.00
Construction Total $747,50~.56
p:209.571.1765 I f:209.571.2466 PROBABLE COST
1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com O'Dell Engineering 258
Notes:
1. This estimate does not include surveying, engineering, landscaping, street trees, joint trench, 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. Esitmate grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
5. Items not included as part of this estimate:
A. Good Neighbor Fencing J. Easement acquisitions
B. Permits K. Retaining Walls
C. Utility Fees L. Landscape Design Improvements
D. City Fees, bond fees M. Street Trees
E. Engineering/design fees N. Tree Removal
F. Soils engineering cost 0. Mail Boxes
G. Power Pole Relocation P. Existing Irrigation Facility Demolition H. Construction Surveying
I. Landscaping Fees
6. This estimate is not intended for bidding purposes.
7 Service laterals for Lot 267 was built per phase 1.
8 This estimate does not include landscape and irrigation. 9 The property fence is a private improvement and is not included in the bond estimate. p:209.571.1765 I f:209.571.2466 PROBABLE COST ----- 1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com ~ Dell Engineering 259
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2 261
Original Cost Estimate
,..DELL ENGINEER'S EST/MA TE E NG INEER l NG
Project name: East Center - Phase 3B, 47 Residential Lots LOS BANOS, CA Project progress stage: City Enginner's Estimate 3/23/2022 ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 EROSION CONTROL LS $6,500.00 $6,500.00
SUB-TOTAL $6,500.00
B.WATER
1 8"WATER LF 2,862 $20.00 $57,240.00
2 8" WATER VALVE EA 11 $1 ,300.00 $14,300.00
3 HYDRANT, BURY & GATE VALVE EA 10 $3,500.00 $35,000.00 4 CONNECT TO EX. 8" WATER EA 2 $1,000.00 $2,000.00
5 6"X8" REDUCER EA 10 $800.00 $8,000.00
6 HOUSE SERVICE INCLUDING METER EA 46 $750.00 $34,500.00 BOX
SUB-TOTAL $151,040.00
C. SANITARY SEWER
1 6" SEWER MAIN LF 1,169 $20.00 $23,380.00
2 8" SEWER MAIN LF 1,075 $23.00 $24,725.00
3 1 O" SEWER MAIN LF 131 $32.00 $4,192.00
4 STD. SEWER MANHOLE EA 11 $2,400.00 $26,400.00
5 CONNECT TO EX. 1 0" SEWER EA 1 $900.00 $900.00
6 STD. LATERAL EA 46 $975.00 $44,850.00
SUB-TOTAL $124,447.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 114 $25.00 $2,850.00
2 15" STORM DRAIN LF 248 $28.00 $6,944.00
3 18" STORM DRAIN LF 912 $32.00 $29,194.56
4 STD. SD MANHOLE EA 4 $2,400.00 $9,600.00
5 CATCH BASIN EA 7 $2,300.00 $16,100.00
6 CONNECT TO EX. 18" SD EA 1 $1,000.00 $1,000.00
SUB-TOTAL $65,688.56
E. CONCRETE
1 6" VERTICAL CURB & GUTTER LF 1,229 $13.00 $15,977.00
(INCL. RETURNS & DRIVEWAYS)
2 ROLLED CURB & GUTTER LF 4,624 $13.00 $60,112.00
3 5' CURB TRANSITION EA 20 $15.00 $300.00
4 SIDEWALK (INCL. RAMPS, RETURNS SF 1,332 $4.50 $5,994.00 5 WHEEL CHAIR RAMP (LABOR ONLY) EA 1 $500.00 $500.00
SUB-TOTAL $82,883.00
F. PAVING
1 2.5" A.C. OVER 10.5" A.B. SF 108,586 $2.50 $271,465.00 SUB-TOTAL $271,465.00
G. ELECTROLIERS
1 ELECTROLIERS EA 13 $2,500.00 $32,500.00
SUB-TOTAL $32,500.00
H. MISCELLANEOUS
1 R-1 STOP SIGN EA 6 $500.00 $3,000.00
2 "NO PARKING" SIGN EA 2 $250.00 $500.00
3 STRIPING LS $1,500.00 $1,500.00
4 MONUMENT WELLS EA 24 $325.00 $7,800.00
5 IRRIGATION SLEEVE EA 26 $7.00 $182.00
SUB-TOTAL $12,982.00
: Construction Total $747,505.56
p:209.571.1765 I f:209.571.2466 PROBABLE COST
1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com O'Dell Engineering 262
Notes:
1. This estimate does not include surveying, engineering, landscaping, street trees, joint trench, 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. Esitmate grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
5. Items not included as part of this estimate:
A. Good Neighbor Fencing
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
Landscaping Fees
6. This estimate is not intended for bidding purposes.
7 Service laterals for Lot 267 was built per phase 1 .
8 This estimate does not include landscape and irrigation.
J. Easement acquisitions
K. Retaining Walls
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal
0. Mail Boxes
P. Existing Irrigation Facility Demolition
9 The property fence is a private improvement and is not included in the bond estimate. p:209.571.1765 I f:209.571.2~ fpROBABLE COST
1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.c~ ~ Dell Engineering 263
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264
LOsBanos
At rhe Crossroads if Cal~fornia
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director ~ June 4, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Mobile Food Vendor Ordinance
Recommendation:
Staff recommends that the City Council receive the update on the Mobile Food Vendor Ordinance and provide direction on how staff should proceed with possible amendments to the existing ordinance.
Background:
The City's current Mobile Food Vendor Ordinance has been in place since 2015.
While the ordinance has provided a regulatory framework for mobile food vending, it does not permit temporary tables, chairs, or canopies for customer use, which has become a point of concern for vendors and the public alike.
At the May 7, 2025 City Council meeting, the Council directed staff to explore options for permitting temporary furnishings and to conduct research on how other jurisdictions are addressing mobile food vending operations. Staff was also asked to engage with stakeholders and identify possible improvements to the ordinance. 1 ITEM 8
265
Discussion:
On May 27, 2025, staff held a stakeholder meeting with members of the mobile food vending community. Approximately 30 individuals attended the meeting, representing 12 different mobile food vendor businesses. The meeting served as a forum to receive input on the current ordinance and suggestions for future improvements.
Key feedback and challenges identified included:
• The inability to use furniture (tables, chairs, canopies). • The need for flexibility in how food trucks can be oriented or repositioned on their existing approved sites.
• Concerns over the high cost of permits and associated fees. • Limited signage allowances under the current ordinance.
Vendors expressed frustrations with unpermitted or illegal vendors operating both within and just outside city limits who operate without proper permits or adherence to city regulations.
NEXT STEPS & REQUEST FOR DIRECTION:
Staff is seeking Council direction on the following:
1. Should staff proceed with drafting a comprehensive amendment to the Mobile Food Vendor Ordinance addressing:
o Use of temporary and permanent (with a building permit) furniture; o Flexibility in allowing minor adjustments on the same site; o Re-evaluation of permit fees;
o Enhanced signage regulations to allow A-Frame signs;
o Consideration of a "food truck park" or designated vending hubs Staff is prepared to return to Council with an ordinance update in July 2025 if so directed.
Reviewed by:
2 266
TO:
FROM:
DATE:
LOsBanos
At the Crossroad.,; of Califon1ia . .
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ June 4, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: Second Amendment to the Development Agreement for Villages at Stonecreek IV
Recommendation:
Staff recommends that the City Council:
1 . Approve the Second Amendment to the Development Agreement Relative to the Development Known as Villages at Stonecreek IV; and
2. Waive the first reading; and
3. Introduce the Ordinance by title.
Background:
On June 15, 2005, the City entered into a Development Agreement with the original project developer for Villages at Stonecreek IV (Ordinance No. 1033), recorded on June 28, 2006. A First Amendment was adopted on May 6, 2015 (Ordinance No. 1129), which extended the term and made other clarifications. That amendment was recorded on July 13, 2015.
The Development Agreement is currently set to expire on July 15, 2025. The property has since been assigned to the current owners: Arthur W. and Anne L. Dunkley Marital 267
ITEM 9A
Property Trust and Rosalyn M. Simon Revocable Trust, through an Assignment and Assumption Agreement dated December 26, 2023.
On May 14, 2025, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2025-11 recommending approval of the Second Amendment to the Los Banos City Council.
Location:
The location of the subject property is generally in the southwest quadrant of the City of Los Banos, west of Ortigalita Road, east of Badger Flat Road, north of Pioneer Road, and south of Cardoza Road. A map of the project area is attached hereto.
Discussion:
The proposed Second Amendment to the Development Agreement seeks to extend the term by an additional ten (10) years, setting a new expiration date of July 15, 2035. No other substantive changes to the terms of the original or first amended Development Agreement are proposed.
268
Development Agreements. A Development Agreement is a legally binding contract between the City and a project developer that delineates the terms and conditions of a proposed development project. A Development Agreement allows a project developer to secure vested rights, and it allows the City to secure certain benefits. Development Agreements are enabled by California Government Code Sections 6584-65869.5.
Development Agreements are commonly used for land use developments which are implemented in phases over a long period of time. Development Agreements provide assurances to both the applicant and the City that the terms of the agreement (conditions of approval) will not change and be in force until the completion of the project, and they are legally binding on each party. This protects the developer from expending energy and money on a project only to have the terms of conditions and standards change before the development can be completed.
Development Agreements in theory have three defining characteristics: 1) they allow greater latitude than other methods of approval to advance local land use policies in sometimes new and creative ways; 2) they allow public agencies greater flexibility in imposing conditions and requirements on proposed projects; and 3) they afford project proponents greater assurance that once approved, their projects can be built.
Development Agreements in Los Banos have been employed as a growth management tool and as a tool to negotiate individual project conditions and requirements that might not otherwise be achievable through regular processing.
Tentative and Final Maps. Under the California Subdivision Map Act the most common approach to divide land involves tentative and final maps. A tentative map is generally used to create five or more lots. The tentative map itself is not recordable and survives only a limited amount of time. During that limited life, the sub-divider must satisfy the conditions imposed by the approving city and attached to the tentative map approval, or it must enter into an improvement agreement promising to satisfy the conditions. Upon satisfaction of the conditions, the submittal and approval of a final map in substantial conformance with the tentative map, and recordation of the final map, the lots are established as legal.
While it may take years to process and secure the approval of a tentative map, once approved, the tentative map itself is only good for 24 months (or 36 months in those communities that provide an additional 12 months by local ordinance). Thus, unless a final map is filed with the city within this two-year time frame or the tentative map is extended, the tentative map will expire. If the tentative map expires, the process starts all over again; a new tentative map application will have to be prepared, processed and approved.
Once a tentative map expires, it cannot be revived. Instead, a new tentative map must be applied for, processed, and approved. Such re-approval can prove costly from a time and resource perspective. Therefore, because sub-dividers are in the business of creating 269
legal lots in as resource-efficient a manner as possible, they are uniquely interested in keeping their tentative maps alive until such time as they are able to record their final maps and realize the product of their efforts that being saleable lots.
One of the tools for extending the life of a tentative map is through a Development Agreement. A tentative map on property subject to a Development Agreement may be extended for the period of time specified in the Development Agreement. Development Agreements negotiated in Los Banos typically provide that any tentative map within the project area will expire one year after the expiration of the Development Agreement. Since the development is a negotiated agreement, the city also has the ability to negotiate conditions that might not otherwise be enforceable otherwise.
ANALYSIS:
The Development Agreement for the Villages IV for ( a portion of the Stonecreek South Area Plan - 493.3 acres) was approved on June 15, 2005 (Ordinance No. 1033) in conjunction with the conditional approval of Villages IV Vesting Tentative Tract Map 2005- 05 and Final Development Plan 2005-02. As discussed above, after the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be suNeyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map. The recording of the final map creates a legal lot with marketable title.
The original term of the Villages IV at Stonecreek Development Agreement was for ten (10) years; or until June 15, 2015. The term of the First Amendment was for an additional ten (10) years; or until July 15, 2025. The Development Agreement provides a level of certainty regarding the long-term development of the project which covers approximately 125. 76 acres within the Stonecreek Area Plan. The Development Agreement extends the life of any tentative map within the project area at least until one year after the expiration of the Development Agreement.
In accordance with the Stonecreek Area Plan the approved development within the 125. 76 acres is primarily residential and zoned Planned Development (PD). A total of 309 single family residential lots were created by the original vesting tentative map.
Continued development of the project will fulfill the objectives of the Stonecreek Area Plan, and the Development Agreement would continue to vest the remaining tentative lots with certain development rights such as density and intensity of use in continuity with the developed lots and the area in general. While there are no direct benefits to the City with further extension of the Development Agreement, it continues conditions of approval for the project that are as applicable to the City's best interests now as those interests were back in 2005. More importantly the extension of the Development Agreement will extend the life of the tentative lots and save staff time and expense of a duplicative process for approving a "new" tentative map for the same area. Unless the City wanted to change the development plans for the Stonecreek Area Plan there would be no reason not to extend the Development Agreement.
270
Extending the Development Agreement would have the effect of extending the life of the remaining tentative map for an additional 10 years. Without an extension the Developer would have to meet the conditions of the tentative map and record the final map or start the process all over again.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, no additional environmental review is required. The project remains within the scope of the previously certified Final Environmental Impact Report for the Stonecreek Area Plan, adopted by City Council Resolution No. 44 79.
PUBLIC COMMENT:
A public hearing notice was published in the Westside Express on Wednesday, May 21, 2025. Notices were also mailed to property owners within a 300-feet of the project site on Friday, May 23, 2025. As of the date of this staff report, no written comments have been received.
Reviewed by:
Is' .NV
Gary Bri~5nterim City Manager
Attachments:
1. Ordinance
2. Second Amendment to Development Agreement
3. Public Hearing Notice - May 21, 2025
271
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LOS BANOS (1) APPROVING
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT RELATIVE
TO THE DEVELOPMENT KNOWN AS "VILLAGES AT STONECREEK
IV", (2) MAKING CERTAIN FINDINGS RELATED THERETO, AND (3)
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON
BEHALF OF THE CITY.
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65 864) of the Government Code of the State of California ( the "Development Agreement Act") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Development Agreement Act; and
WHEREAS, on June 15, 2005 the City Council adopted Ordinance No. 1033 approving that certain agreement entitled "Development Agreement Relative to the Development Known as the Villages at Stonecreek IV" (hereinafter "Development Agreement"), which became effective on July 15, 2005, with an expiration date of July 15, 2015; and WHEREAS, on May 6, 2015 the City Council adopted Ordinance No. 1129 approving the First Amendment to the Development Agreement (the "First Amendment"), which became effective on July 15, 2015, with an expiration date of July 15, 2025; and WHEREAS, the applicants have requested to amend the Development Agreement as amended to extend the expiration date by ten (10) years to July 15, 2035; and WHEREAS, pursuant to Section 1.13 of the Development Agreement, the term of the Development Agreement may be amended by mutual consent in writing signed by the parties or their respective successors in interest in accordance with the provisions of Government Code Sections 65868 after a noticed public hearing;
WHEREAS, the Los Banos Planning Commission (hereinafter referred to as "Planning Commission") did hold a public hearing on May 14, 2025, notice of said public hearing having been duly given as required by law; and
WHEREAS, the Planning Commission, after due consideration of and based upon all of the evidence and reports offered at said public hearing, did adopt its Resolution No. 2025-11 recommending that the City Council adopt the Second Amendment to Development Agreement Relative to the Development Known As "Villages At Stonecreek IV" (the "Second Amendment") to extend the term of the Development Agreement for an additional ten (10) years; and
WHEREAS, the City Council did hold a public hearing ---~ 2025 and --~ 2025, notice of said public hearing having been duly given as required by law; and 272
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. The above stated recitals are true and correct.
Section 2. The City Council, after due consideration of and based upon all of the evidence and reports offered at said public hearing, including the recommendations of the Planning Commission, does hereby find and determine, with respect to the request for said amendment to Development Agreement, as follows:
1. That the Second Amendment is consistent with the City's General Plan in that it is in conformance with the General Plan Residential land use designation and with the goals, policies and objectives as set forth in the General Plan.
2. That the Second Amendment will contribute to the orderly development of property in the surrounding area in that it is in conformance with and implements Stonecreek Area Plan requirements.
3. That the Second Amendment is not otherwise detrimental to the health and safety of the citizens of the City of Los Banos.
4. That the Second Amendment constitutes a lawful, present exercise of the City's police power and authority under the Development Agreement Act.
5. That the Second Amendment is entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Act.
Section 3. Pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the City Council has determined no new information is available that requires any environmental review, other than that which was done in the Final Environmental Impact Report, which was adopted by City's City Council by Resolution No. 4479, as part of the review and approval process of the Stonecreek Area Plan;
Section 4. That the Second Amendment to Development Agreement relative to the development known as Villages at Stonecreek IV is hereby, approved as shown in Exhibit "A" attached hereto and incorporated herein by this reference.
Section 5. That the Mayor be, and is hereby, authorized to execute said Second Amendment to Development Agreement relative to the development known as Villages at Stonecreek IV for and on behalf of the City.
Section 6. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed. 273
Section 7. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 8. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member and seconded by Council Member _____ on the __ day of _ ____ , 2025.
Passed on the __ day of _____ . 2025 by the following vote:
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
274
EXHIBIT A
[COPY OF EXECUTED SECOND AMENDMENT]
275
276
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T Cityof B LOS .. · anos
COMMUNITY AND ECONOMIC DEVELOPMEN T
DEPARTMENT
Date: May 21, 2025
Regarding: Notice of Public Hearing
Proposal: Villages at Stonecreek IV Development Agreement Extension NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider extending the Development Agreement for the Villages at Stonecreek IV Subdivision.
The Los Banos Planning Commission held a public hearing on Wednesday, May 14, 2025, for the purpose of considering the above-mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Villages at Stonecreek IV Development Agreement Extension.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, June 4, 2025 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433 Persons wishing to provide oral comments on the described proposal may do so at this meeting or may provide written comments on this matter prior to the public meeting.
Written comments may be sent by U.S. Mail or hand delivered to the City of Los Banos City Hall at 520 "J" Street, Los Banos, California 93635. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. The public is also informed that should this matter, at some future date go to court, court testimony is limited to only those issues raised at the hearings per Government Code Section 65009.
THE CITY OF LOS BANOS
Community
~il~~ and Economic Development Director
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