1 LOsBanos
At the Crossroads of Caiif ornia
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
DECEMBER 3, 2025 - 6:00 PM
Live stream on YouTube at:
https://www .youtube.com/@losbanos406
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial o asistencia de traducci6n para atender o participar en esta junta por favor /lame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.
La Ciudad de Los Banos cumple con la fey de Estadounidenses con Discapacidades (ADA) de 1990.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
Please note: The Brown Act provides the public with an opportunity to make pubfic comment at any public meeting. As an alternative for in-person comments, written; public comment may be made by e-mail to [email protected] or delivered to:
lhe City Clerk at City Hall, 520 J Street. All comments received will be read by the; p ity Clerk during Public Forum and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the rollowJng .ltnk.~ https://losbanos.org/category/city-council/ Los Banos City Council Agenda - December 3, 2025 Page 1 of5 2 pgs. 1-6
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1. CALL TO ORDER - December 3, 2025 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
_ _ Mitzy Perez - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor
Evan Sanders - District 2
Deborah Lewis - District 4
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATION.
A. Certificate of Recognition - Employee of the Month for November 2025 - Rosemarie Souto, Accountant II, Finance Department.
B. Proclamation Recognizing the Retirement of City of Los Banos City Attorney William A. Vaughn.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #254915 - #255134 in the Amount of $4,336,353, 73.
Recommendation: Approve the check register as submitted.
B. City Council Resolution No. 7022 - Rejecting the Bids for the Water Meter Replacement Project.
Recommendation: Adopt the resolution as submitted.
C. City Council Resolution No. 7023 - Accepting the Meadowlands Wet Well Replacement and Bypass Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Rolfe Construction, Inc.).
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - December 3, 2025 Page 2of 5 pgs.1
pgs. 30
3 pgs. 31-56
pgs. 57-94
pgs. 95-116
pgs. 117-138
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pgs. 151-354
D. City Council Resolution No. 7024 - Authorizing a Lease Agreement Between the City of Los Banos and Fernando Escobedo dba Escobedo and Sons, for the Purpose of Leasing Agricultural Parcel APN# 454-0200-001, Amending the Fiscal Year 2025-2026 Budget by Increasing Revenue in the Amount of $7,500, and Authorizing the City Manager to Execute the Lease and All Related Documents.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 7025 - Approving and Adopting Final Tract Map No. 2021 -01 Quail Meadows Villages at Stonecreek V Phase 3, Unit 4 (Anderson Homes).
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 7026 - Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2021 and 2020 as prepared by Price Paige & Company, Merced County Associations of Government's (MCAG) Auditors.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 7027 - Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2020 and 2019 as prepared by Price Paige & Company, Merced County Associations of Government's (MCAG) Auditors.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 7028 - Authorizing a One-Year Facility Use Agreement Between the City of Los Banos and Los Banos American Little League for the Use of Colorado Ballpark in the Amount of $3,387 for the 2026 Little League Season.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of General Plan Amendment #2022-02, Final Development #2022-02, and an Addendum to the Previously Certified Villa Surano Area Plan Environmental Impact Report (SCH #2006011135) for the Northpointe at Regency Park Project. 1) City Council Resolution No. 7029 - Adopting an Addendum to the Previously Certified Environmental Impact Report (SCH#200611135) for the Villa Surano Area Plan Related to the Northpointe at Regency Park Project.
Los Banos City Council Agenda - December 3, 2025 Page 3 of 5 pgs. 31 6
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2) City Council Resolution No. 7030 - Approving General Plan Amendment #2022-02 and Zone Change #2022-02 for Northpointe at Regency Park Located on Assessor's Parcel Numbers: 424-010-002, 005 and 006.
3) City Council Resolution No. 7031 - Approving Final Development Plan #2022-02 for Northpointe at Regency Park.
4) City Council Resolution No. 7032 - Approving and Authorizing the City Manager to Execute a Reimbursement Agreement for Sewer Main Replacement Between the City of Los Banos and Stonefield Home, Inc.
Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolutions as submitted.
9. CONSIDERATION OF EMERGENCY SHELTER OPTIONS.
Recommendation: Receive staff report and direction from the City Council on how to proceed.
10. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, JANUARY 7, 2026 DUE TO THE CHRISTMAS HOLIDAY SEASON.
Recommendation: Cancel the meeting as stated.
11. CITY DEPARTMENT REPORTS.
A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
F. Police
G. Public Works
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. CITY COUNCIL MEMBER REPORTS.
A. Marcus Chavez - District 3
Los Banos City Council Agenda - December 3, 2025 Page 4 of 5 pgs.3 366
5 B. Deborah Lewis - District 4
C. Mitzy Perez - District 1
D. Evan Sanders - District 2
E. Michael Amabile - Mayor
14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
Lucille
~-;f
L. Mallonee,
. ~
City Clerk Dated this 26th day of November 2025
Los Banos City Council Agenda - December 3, 2025 Page 5of5
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ITEM 5A
LOs Banos
At the Crossroads of California
CER. TIFICA TE OF R.ECOGNITION
Presented to
ROSEMARIE SOUTO
Accountant II - Finance Department
In recognition of your outstanding peifonnance
and dedicated service to the City of Los (}3anos and for 6eing named "P.mp{oyee of the :Month" for:Novem6er 2025 Jl:warcfetf (J)ecem6er 3, 2025
Michael S. Amabile, Mayor
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ITEM 5B
LOsBanos
At l11e Crossroach of California
PR.OCLAMA llON
R.ECOGNIZING THE
R.ETIR.EMENT OF WILLIAM A VAUGHN
WHEREAS, William A. Vaughn has faithfully provided
City Attorney services to the City of Los Banos since May 21, 2003; and
WHEREAS, William A. Vaughn has made significant and
lasting contributions to the City of Los Banos through his knotvledge, professionalism, and commitment to his role; and WHEREAS, William A. Vaughn will retire from the City
of Los Banos as City Attorney on December 15, 2025 concluding more than twenty:-two years of service to the City of Los Banos.
NOW, THEREFORE, BE IT PROCLAIMED that the
Mayor and City Council Members of the City of Los Banos, do hereby commend William A. Vaughn on his dedication and
loyalty to the City of Los Banos and congratulate him on his retirement.
In witness whereof, I have hereunto set my hand and
caused to be affixed the seal of the City of Los Banos, this 3rd day of December, 2025.
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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10 11
ITEM 7A
CK# 254915 - # 25513412/03/25 $4,336,353,73
Los Banos At thr C=smads of C<1lif,,111la
Check Number Payment Date Vendor Module Payment Type Payment Amount 254915 11/14/2025 Anabasis LLC Accounts Payable Check 19,554.55 254916 11/14/2025 Apex Annex Health Center, Inc. Accounts Payable Check 500.00 254917 11/14/2025 Best Best & Krieger Accounts Payable Check 8,089.90 254918 11/14/2025 Brenda Ceja Accounts Payable Check 75.00 254919 11/14/2025 Sara Blevins Accounts Payable Check 103.00 254920 11/14/2025 Clifton Larson Allen LLP Accounts Payable Check 11,150.00 254921 11/14/2025 Jimmy Dewitt Accounts Payable Check 57.00 254922 11/14/2025 Employment Development Dept Accounts Payable Check 7,297.00 i54923 11/14/2025 Ronny's Inc. Accounts Payable Check 579,342.25 254924 11/14/2025 State Water Resources Control Board Accounts Payable Check 10,231.00 254925 11/14/2025 Law Offices of William A Vaughn Accounts Payable Check 7,961.25 254926 11/14/2025 AAA Business Supplies Accounts Payable Check 6.17 254927 11/14/2025 Animal Damage Management, Inc. Accounts Payable Check 285.00 254928 11/14/2025 Anthony Gomes Accounts Payable Check 200.00 254929 11/14/2025 AT&T Mobility Accounts Payable Check 584.32 254930 11/14/2025 AT&T Accounts Payable Check 66.61
254931 11/14/2025 Best Best & Krieger Accounts Payable Check 2,584.75 254932 11/14/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 85.00 25493~ 11/14/2025 BSK Associates Accounts Payable Check 59.61 254934 11/14/2025 California Landscape Supply, Inc. Accounts Payable Check 2,185.80 254935 11/14/2025 Cal Traffic Accounts Payable Check 2,299.44 254936 11/14/2025 Capital One Accounts Payable Check 1,229.39 254937 11/14/2025 Clark Pest Control Inc Accounts Payable Check 221.00 254938 11/14/2025 Comcast Accounts Payable Check 265.98 254939 11/14/2025 Cook's Communications Corp. Accounts Payable Check 1,079.96 254940 11/14/2025 Copy Shipping Solutions Accounts Payable Check 49.00 254941 11/14/2025 CSG Consultants Inc. Accounts Payable Check 936.00 254942 11/14/2025 LN Curtis & Sons Accounts Payable Check 6,613.90 254943 11/14/2025 Emma Carlos Accounts Payable Check 70.00 254944 11/14/2025 Centro Binacional Para El Desarrollo lndigena Oaxaqueno Accounts Payable Check 350.00 254945 11/14/2025 Devault Electric Products, Inc. Accounts Payable Check 566.79 254946 11/14/2025 Dos Palos Publishing Company Accounts Payable Check 130.00 254947 11/14/2025 Dept ofTransportation Accounts Payable Check 12,217.60 254948 11/14/2025 Downstream Aviation LP Accounts Payable Check 627.95 254949 11/14/2025 Dutra and Sons LLC Accounts Payable Check 325.00 254950 11/14/2025 Josephine Diaz Accounts Payable Check 600.00 254951 11/14/2025 EMC Planning Group Inc Accounts Payable Check 1,405.70 254952 11/14/2025 Frontline General Engineering Construction Inc Accounts Payable Check 163,129.57 254953 11/14/2025 Elizabeth Flores Van Accounts Payable Check 350.00 254954 11/14/2025 Galvin Preservation Associates, Inc. Accounts Payable Check 645.75 254955 11/14/2025 Grainger Parts Operations Accounts Payable Check 103.28 254956 11/14/2025 Holt of California Accounts Payable Check 347.75 254957 11/14/2025 lnfoSend Inc. Accounts Payable Check 10,934.49 254958 11/14/2025 Jerry Kelly Inc. Accounts Payable Check 830.85 254959 11/14/2025 Kent M. Kawagoe Accounts Payable Check 375.00 254960 11/14/2025 Killingsworth Gear Accounts Payable Check 361.00 254961 11/14/2025 Language Line Services Accounts Payable Check 27.26 254962 11/14/2025 Lexipol LLC Accounts Payable Check 8,728.36 254963 11/14/2025 Los Banos Veterinary Services Accounts Payable Check 3,825.12 254964 11/14/2025 Mark Thomas & Company. Inc. Accounts Payable Check 7,894.00 25496~ 11/14/2025 Marfab Inc Accounts Payable Check 706.00 254966 11/14/2025 McCrometer Inc. Accounts Payable Check 498.00 254967 11/14/2025 Monterey Auto Services Inc. Accounts Payable Check 587.86 12 254968 11/14/2025 Napa Auto Parts of Los Banos Accounts Payable Check 15.76 254962 11/14/2025 N DN International LLC Accounts Payable Check 2,155.30 254970 11/14/2025 O'Reilly Auto Parts Accounts Payable Check 525.05 254971 11/14/2025 PG&E Company Accounts Payable Check 182,452.70 254972 11/14/2025 Pace Supply Corp. Accounts Payable Check 332.92 254973 11/14/2025 Placeworks, Inc. Accounts Payable Check 1,042.51 254974 11/14/2025 Powergen Inc. Accounts Payable Check 2,459.26 254975 11/14/2025 Precision Civil Engineering, Inc Accounts Payable Check 11,195.00 254976 11/14/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 11,528.08 254977 11/14/2025 Quad Knopf, Inc. Accounts Payable Check 2,265.50 254978 11/14/2025 Safe T lite of Modesto, Inc. Accounts Payable Check 102.23 254979 11/14/2025 Save Mart Supermarkets Accounts Payable Check 85.11 254980 11/14/2025 Robert & Susan Hansen Accounts Payable Check 375.19 2549fil 11/14/2025 SNG & Associates, Inc. Accounts Payable Check 28,574.00 254982 11/14/2025 Sorensens True Value Accounts Payable Check 921.09 254984 11/14/2025 Stommel, Inc. Accounts Payable Check 4,750.00 25498!i, 11/14/2025 Superior Pool Products, LLC Accounts Payable Check 5,137.37 254986 11/14/2025 Technicon Engineering Services, Inc. Accounts Payable Check 2,495.00 254987 11/14/2025 Thirkettle Corporation Accounts Payable Check 102,677.60 254988 11/14/2025 Tractor Supply Credit Plan Accounts Payable Check 1,832.18 254989 11/14/2025 CalMatCo. Accounts Payable Check 781.86 254990 11/14/2025 Tyler Technologies, Inc. Accounts Payable Check 1,184.25 254991 11/14/2025 Uline, Inc. Accounts Payable Check 308.28 254992 11/14/2025 United Site Services, Inc. Accounts Payable Check 2,280.42 254993 11/14/2025 Vestis Group, Inc. Accounts Payable Check 57.84 254994 11/14/2025 Vestis Accounts Payable Check 1,365.03 254995 11/14/2025 Windecker Inc Accounts Payable Check 3,277.98 254996 11/14/2025 Young's Air Conditioning Accounts Payable Check 1,251.57 255022 11/21/2025 Agee Construction Corporation Accounts Payable Check 1,337,817.00
2.55023 11/21/2025 Anabasis LLC Accounts Payable Check 427,000.00 255024 11/21/2025 Apex Annex Health Center, Inc. Accounts Payable Check 1,290.00 255025 11/21/2025 Best Best & Krieger Accounts Payable Check 5,500.86 255026 11/21/2025 Blue shield of California Life & Health Insurance Co. Accounts Payable Check 1,033.97 255027 11/21/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 255028 11/21/2025 Holt of California Accounts Payable Check 169,097.32 255029 11/21/2025 Los Banos Chamber Of Commerce Accounts Payable Check 10.00 255030 11/21/2025 Lucky Plumbing & Rooter LLC Accounts Payable Check 900.00 255031 11/21/2025 Antonio Renteria Accounts Payable Check 543.75 255032 11/21/2025 George Rivera Accounts Payable Check 246.96 255033 11/21/2025 Paschina Weedling Accounts Payable Check 679.69 255034 11/21/2025 Westamerica Bank - Cafeteria Plan Accounts Payable Check 109,275.16 255035 11/21/2025 West Coast Arborists, Inc. Accounts Payable Check 5,995.00 255036 11/21/2025 Anderson Pump Company Inc Accounts Payable Check 2,346.25 255037 11/21/2025 Animal Damage Management, Inc. Accounts Payable Check S70.00 255038 11/21/2025 Anthony Gomes Accounts Payable Check 392.20 255039 11/21/2025 APLPD Holdco, Inc. Accounts Payable Check 348.86 255040 11/21/2025 AT&T Accounts Payable Check 1,270.50
255041 11/21/2025 Dorothy June Baker Accounts Payable Check 782.10 255042 11/21/2025 Bruce's Tire Inc Accounts Payable Check 1,057.31 255043 11/21/2025 BSK Associates Accounts Payable Check 1,382.00 255044 11/21/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 3,068.00 255045 11/21/2025 Cintas Corporation No.2 Accounts Payable Check 367.13 255046 11/21/2025 Central Valley Concrete Inc. Accounts Payable Check 1,220.17 255047 11/21/2025 Clark Pest Control Inc Accounts Payable Check 201.00 25S048 11/21/2025 Comcast Accounts Payable Check 331.61 255049 11/21/2025 Cook's Communications Corp. Accounts Payable Check 907.50 255050 11/21/2025 Copy Shipping Solutions Accounts Payable Check 482.80 255051 11/21/2025 CSG Consultants Inc. Accounts Payable Check 84,302.07 255052 11/21/2025 LN Curtis & Sons Accounts Payable Check 649.46 255053 11/21/2025 Central California Irrigation District Accounts Payable Check 461.78 255054 11/21/2025 D & D Pest Control Accounts Payable Check 167.00 13 255055 11/21/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 255056 11/21/2025 Dos Palos Publishing Company Accounts Payable Check 480.00 255057 11/21/2025 Downstream Aviation LP Accounts Payable Check 1,675.00 2550'.ili 11/21/2025 Electric Drives Inc Accounts Payable Check 3,374.84 255059 11/21/2025 E.M.S. Electrical Solutions, Inc. Accounts Payable Check 4,000.00 ;155060 11/21/2025 Federal Express Corporation Accounts Payable Check 23.13 255061 11/21/2025 Ferrellgas, Inc. Accounts Payable Check 414.10 255062 11/21/2025 Food 4 Less Accounts Payable Check 359.04 255063 11/21/2025 Fresno City College Accounts Payable Check 105.00 i55064 11/21/2025 Gallagher Benefit Services, Inc. Accounts Payable Check 1,940.00 255065 11/21/2025 Gouveia Engineering Inc. Accounts Payable Check 34,711.05 255066 11/21/2025 Granite Construction Inc Accounts Payable Check 11,498.90 255067 11/21/2025 Halcyon Creek Inc. Accounts Payable Check 23,975.39 255068 11/21/2025 Helena Chemical Co Inc Accounts Payable Check 2,663.29 255069 11/21/2025 Holt of California Accounts Payable Check 340.17 25507Q 11/21/2025 lxom Watercare Inc. Accounts Payable Check 62,500.00 255071 11/21/2025 Jerry Kelly Inc. Accounts Payable Check 276.07 255072 11/21/2025 JJ.R. Enterprises Inc. Accounts Payable Check 3,224.97 255073 11/21/2025 Kone Inc. Accounts Payable Check 903.00 255074 11/21/2025 Rebecca Littefield Accounts Payable Check 350.00 255075 11/21/2025 Tires to you Inc Accounts Payable Check 2,012.07 255076 11/21/2025 Marfab Inc Accounts Payable Check 223.84 255077 11/21/2025 Merced County Environmental Health Accounts Payable Check 3,696.00 255078 11/21/2025 Merced County Regional Waste Management Authority Accounts Payable Check 7,190.70 255079 11/21/2025 Monterey Auto Services Inc. Accounts Payable Check 1,229.62 255080 11/21/2025 Municipal Maintenance Equipment, Inc. Accounts Payable Check 913.81 255081 11/21/2025 Napa Auto Parts of Los Banos Accounts Payable Check 39.14 255082 11/21/2025 Nixon-Egli Equipment Co. of Southern California Accounts Payable Check 3,736.13 255083 11/21/2025 OSE Accounts Payable Check 659.98
255084 11/21/2025 O'Reilly Auto Parts Accounts Payable Check 981.01 255085 11/21/2025 PG&E Company Accounts Payable Check 3.26 255086 11/21/2025 Pace Supply Corp. Accounts Payable Check 184.49 255087 11/21/2025 Pitney Bowes Inc Accounts Payable Check 498.59 255088 11/21/2025 Precision Civil Engineering, Inc Accounts Payable Check 3,670.00 255089 11/21/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 32,968.83 255090 11/21/2025 Purchase Power Inc Accounts Payable Check 243.84 255091 11/21/2025 Protech Security & Electronics, Inc. Accounts Payable Check 1,148.26 255092 11/21/2025 Jeremy Rahn Accounts Payable Check 394.28 255093 11/21/2025 RAT Incorporated Accounts Payable Check 420.00 255094 11/21/2025 Rolfe Construction Inc. Accounts Payable Check 538,943.80 255095 11/21/2025 Alejandra Ruiz Accounts Payable Check 600.00 255096 11/21/2025 Safeguard Business System, Inc. Accounts Payable Check 323.59 255097 11/21/2025 Save Mart Supermarkets Accounts Payable Check 147.06 255098 11/21/2025 Sherwin Williams Co Accounts Payable Check 149.80 255099 11/21/2025 Spay Neuter Imperative Project California Accounts Payable Check 20,000.00 255100 11/21/2025 Sorensens True Value Accounts Payable Check 2,209.11 255103 11/21/2025 SWRCB Accounting Office Accounts Payable Check 20,069.00 255104 11/21/2025 Thirkettle Corporation Accounts Payable Check 83,886.70 255105 11/21/2025 CalMat Co. Accounts Payable Check 2,364.25 255106 11/21/2025 Tyler Technologies, Inc. Accounts Payable Check 3,125.00 255107 11/21/2025 US Fueling Solutions Accounts Payable Check 2,558.20 255108 11/21/2025 Vanir Construction Management, Inc. Accounts Payable Check 5,692.50 255109 11/21/2025 Valley Wide Cooperative Accounts Payable Check 130.45 255110 11/21/2025 Vestis Group, Inc. Accounts Payable Check 1,261 .75 255111 11/21/2025 Vestis Accounts Payable Check 69.80
255112 11/21/2025 Verizon Wireless Accounts Payable Check 2,148.32 255113 11/21/2025 Westside Water Conditioning Accounts Payable Check 38.50 255114 11/21/2025 Tyler Wilson Accounts Payable Check 57.82 255115 11/21/2025 Young's Air Conditioning Accounts Payable Check 76.00 255122 11/24/2025 Aflac-Customer Service Accounts Payable Check 215.93 255123 11/24/2025 AFSCME District Council 57 Accounts Payable Check 2,084.84 14 255124 11/24/2025 Empower Annuity Ins. Co of America l~lJ~ 11/24/2025 Empower Annuity Ins. Co of America
25512.§ 11/24/2025 Franchise Tax Board
255127 11/24/2025 Los Banos Fitness & Racquet Club
255128 11/24/2025 Los Banos Police Assn
255129 11/24/2025 Los Banos Police Assn.
255130 11/24/2025 MissionSquare
255131 11/24/2025 MissionSquare
255132 11/24/2025 Nationwide Retirement Solutions
255133 11/24/2025 Professional Fire Fighter of Los Banos Local 4703 255134 11/24/2025 State Disbursement Unit
Break in check sequence due to the following:
Check #254983 (Manual Void)
Check #254997 - #255019 (Utility Billing)
Check #255020 - #255021 (Payroll)
Check #255101-#255102 (Manual Void)
Check #255116 - #255121 (Utility Billing)
Accounts Payable Check 1,681.31
Accounts Payable Check 2,005.00
Accounts Payable Check 412.81
Accounts Payable Check 155.00
Accounts Payable Check 875.00
Accounts Payable Check 315.00
Accounts Payable Check 1,595.89
Accounts Payable Check 9,862.50
Accounts Payable Check 5,153.69
Accounts Payable Check 780.98
Accounts Payable Check 1,471.00
Payment Type
Regular Checks 186 4,336,353.73
Manual Voids 3
Voided Checks 0
4,336,353.73
15 ITEM 7B
LOsBanos
TO:
FROM:
Agenda Staff Report
Mayor and City Council Members
William Via, Public Works Director
DATE: December 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Rejecting all bids for the Water Meter Replacement Project Recommendation:
That the City Council adopts the Resolution rejecting all bids for the Water Meter Replacement Project.
Background:
The City's existing water meter inventory includes a mixture of older meters and endpoints that have reached the end of their useful life or are no longer compatible with the City's automated reading system. Replacing these meters will improve meter accuracy, ensure consistent data collection, and enhance customer service through more reliable billing and leak detection. To inventory and replace these outdated, malfunctioning, or incompatible meters, a Capital Improvement Project was developed.
Staff released the Water Meter Replacement Project bid package for advertisement on Wednesday, September 24,2025. On October 23, 2025, eleven sealed bids were received and were officially opened by the office of the City Clerk. The bids received are included below.
Contractor Location Bid Amount
Phoenix Water Solutions Phoenix, AZ $239,387.86*
16 Phoenix Water Solutions (Duplicate) Phoenix, AZ $239,387.86* Utilities One, Inc Voorhees Township, NJ $425,355.00*
Utilities One, Inc (Duplicate) Voorhees Township, NJ $425,355. 00* West Valley Construction Campbell, CA $595,575.00
Mid Cal Pipeline & Utilities Merced, CA $1,175,240.00
Ace-High Engineering Brentwood, CA $583,117.00
United Pavement Maintenance Hughson, CA $1,447,767.00
Frontline General Engineering Construction, San Lorenzo, CA $719,379.72 Inc
Pacific Underground Construction, Inc San Jose, CA $1,572,750.00 Laurel Ag & Water Bakersfield, CA $740,682.09
Discussion:
There were some irregularities with some of the bids, including multiple bids, miscalculations, different business names on different documents, and evidence of improper access to some existing water meters.
A bid protest was received from one of the bidders, and the bid protest procedure, identified in the bid documents, was followed. The process consists of payment of a nonrefundable $1,000 fee, a written formal protest that identifies the specific grounds for the protest, notification of bidders who may be affected by the protest, and a limited time for those bidders to respond. Staff received no responses from the affected bidders.
Public Works staff re-evaluated the project and determined it is in the City's best interest to reject all bids, and re-bid after revising the scope of the project. City staff has begun the inventory, repair, and replacement of the water meters one inch (1 ") or smaller, and the revised scope of work for the project will only include the larger meters, which are the most difficult to replace.
Per section 3-16.07 of the municipal code, the City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid. On November 10, 2025, a notice of intent to reject all bids was provided to all bidders, all builder exchanges included in the original notification requesting bids, and posted on the City Website. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or is otherwise in the best interest of the agency. Per section 6.02B of the State Contracting Manual, there is no basis for protest if the awarding agency rejects all bids based on the best interest of the agency.
17 Fiscal Impact:
None. This project was established after the adoption of the Fiscal Year 2025-2026 budget and it was anticipated that appropriations would be requested at the time of award.
Reviewed by:
Soknirorn Than, City Manager
Attachments:
Resolution
Bid Opening Sheet
Public Notice
THIS PAGE IS INTENTIONALLY LEFT BLANK
18 19
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS REJECTING THE BIDS
FOR THE WATER METER REPLACEMENT
PROJECT
WHEREAS, Sealed Bids for the Water Meter Replacement Project were officially opened on October 23, 2025; and
WHEREAS, the City Clerk of the City of Los Banos received eleven (11) sealed bids for the Water Meter Replacement Project; and
WHEREAS, a bid protest was submitted by one of the bidders, pointing out some irregularities with some of the bids, including the apparent lowest bidder; and WHEREAS, the Public Works Director has determined that City Staff can perform a majority of the work included in the scope of work; and WHEREAS, it is in the City's best interest to reject all bids; and WHEREAS, a notice of intent to reject all bids was provided to all bidders, all builder exchanges included in the original notification requesting bids, and posted on the City Website on November 10, 2025; and
WHEREAS, if said notice was given, per section 3-16.07 of the municipal code, the City Council has the authority to reject any and all bid proposals; and WHEREAS, the City Council may then: (a) abandon the project; (b) re-advertise for bids in the manner prescribed by this chapter; or (c) perform the work with City employees, after passing a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by City employees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Reject all bids received for the Water Meter Replacement Project; and
2. Hereby directs the Public Works Director to re-advertise for bids with a reduced scope of work; and
3. Complete the tasks removed from scope of work with City Staff.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of November 2025, by Council Member 20 ___ 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
21 LOsBanos
Ar the Cmssmads of California
BID OPENING
CONSTRUCTION OF WATER METER REPLACEMENTS
October 23, 2025 - 2:00 PM
1. Phoenix Water Solutions
2. Phoenix Water Solutions (duplicate}
3. Utilities One, Inc.
4. Utilities One, Inc. (duplicate)
5. West Valley Construction Company, Inc.
6. Mid Cal Pipeline & Utilities, Inc.
7. Ace-High Engineering
8. United Pavement Maintenance
9. Frontline General Engineering Construction, Inc.
10. Pacific Underground Construction Inc.
11 . Laurel Ag & Water
Signed: .r-'
Vionna Lin
Assistant City
Engineering Technician
$ 287,310.89
$287,310.89
$417,185.00
$417,185.00
$ 595,575.00
$ 1,175,240.00
$583,117.00
$1,447,767.00
$ 719,379.72
$ 1,572,750.00
$ 740,682.09
Dated: October 23, 2025
22 Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of Water Meter Replacements will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, October 23, 2025 and then at said office publicly opened and read aloud.
The major work consists of inventorying approximately 1,500 water meters in various locations of the City. The Contractor shall be responsible for:
• Replacing City-furnished water meters, as necessary;
• Replacing and programming City-furnished endpoints;
• Replacing existing water meter box lids;
• Replacing meter bodies and performing associated plumbing work; • Coordinating with residents and business owners for shut-offs; and • Completing all other appurtenant work as specified in the contract documents and technical specifications.
The time for completion shall be:
Phase 1: thirty (30) working days
Phase 2: sixty (60) working days
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
23 Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A, C-34 (Pipeline Contractor), or C-36 (Plumbing Contractor).
A mandatory pre-bid meeting will be held on October 9, 2025. The address for the mandatory meeting is 411 Madison Avenue, Los Banos, CA 93635. The start time for the meeting is 10 a.m. local time, sharp.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders section for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids.
THIS PAGE IS INTENTIONALLY LEFT BLANK
24 ITEM 7C
25 TO:
FROM:
DATE:
LOsBanos
t the Crossroads o.f California
Agenda Staff Report
Mayor and City Council Members
William Via, Jr., Public Works Director
December 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Meadowlands Wet Well Replacement and Bypass Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:
That the City Council adopt the Resolution to:
1. Accept the construction of Meadowlands Wet Well Replacement and Bypass project as completed; and
2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and
3. Authorize the Public Works Director, to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.
Background:
The Meadowlands Sewer Lift Station is located at 2454 San Luis Street, in the City of Los Banos. This lift station is aging and has required higher than normal maintenance and repetitive callouts for staff response to make emergency repairs after hours, increasing the cost of maintenance. Staff determined that the replacement of this station would provide a more reliable system, reduce maintenance costs, and reduce the risk of a sewer system overflow, which is reportable to the State Water Board.
The City Council awarded the construction contract on April 3, 2024 to Rolfe Construction, Inc. in the amount of $617,158.00 with a 10% Contingency in the amount of $61,715.00. 26 Discussion:
The major work consisted of furnishing and installing a pumping bypass and valve vault, standby generator with associated concrete pads, and replacing the wet well.
Improvements included the removal of the existing wet well, sewer pipelines, electrical controls, conduit and appurtenances, the installation of a new wet well, onsite piping, generator, installation of protective lining to wet well, temporary sewer bypass pumping as required, and minor concrete and asphalt above underground improvements.
There was one change order for this project. Change Order #1 consisted of dewatering groundwater found present between 10-12 feet deep in the construction area, in the amount of $56,830.00. Total construction cost for this project was $673,988.00.
Fiscal Impact:
Funds for this project were allocated in the Waste Water Collection fund 502-432-100-733 in the 2024-2025 and 2025-2026 Fiscal Year Budget.
Reviewed by:
~ -/L __
Soknirorn Than, City Manager
Attachments:
Resolution
Notice of Completion
Site Map
Minerva Moreno, inance Department
27 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
MEADOWLANDS WET WELL REPLACEMENT
AND BYPASS PROJECT AS COMPLETE AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION WITH THE MERCED COUNTY
RECORDER
WHEREAS, on March 21, 2024 the City of Los Banos received competitive bids for the construction of the Meadowlands Wet Well Replacement and Bypass project; and
WHEREAS, on April 3, 2024 the City Council awarded the Construction Contract to Rolfe Construction, Inc. for the construction of the Meadowlands Wet Well Replacement and Bypass project; and
WHEREAS, staff has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Accept the Meadowlands Wet Well Replacement and Bypass project as complete;
2. Authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance;
3. Authorize the Public Works Director to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of December 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
RECORDING REQUESTED BY:
28 WHEN RECORDED RETURN TO:
CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO.
CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 19th day of November, 2025, a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any, for such work of improvement was ____ ________ _ Rolfe Construction, Inc.
(If no contractor for work of improvement as a whole, insert "No Contractor.")
6. That the real property herein referred to is situated in the ----- ~C=i-ry_o=f~L~o=s~B=an= o=s _ _________ _ County of Merced State of California, and is described as follows:
"Construction of Meadowlands Wet Well Replacement and Bypass" The major work consisted of furnishing and installing a pumping bypass and valve vault and standby generator with associated concrete pads, and replacing the wet well. Improvements included the removal of the existing wet well, sewer pipelines, electrical controls, conduit and appurtenances, the installation of a new wet well, onsite piping, generator, installation of protective lining to wet well, temporary sewer bypass pumping as required, and minor concrete and asphalt above underground improvements at the Meadowlands Sewer Lift Station located at 2454 San Luis Street in the City of Los Banos.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: ---------------------
ACKNOWLEDGMENT
29 Knowwt.1r.
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SITE S~TY ANO PROTECTION NOTES THEOUTYOl'ffiEE@N@iJ(6WWWMITS.<delf5T6WCONSTlwi:f\oilReviEwQff'AtCONTR'ti5idf'ERFOlii.w& ANO THE Ut.OER'f,1t,w:ING OF IN-SPe'.:TIONS M THE GIVING OF l...,TIU.JC'OONS I<:; AUTHOAIZEO HERi.iN IS NOT ltlTEM'.:IEC TO INCU.10e REVIF:WOFTI4!/l,DEOJ>CVOFTi.ECONTRACTOR'SS,1,.Pl!T"fMEA9UftESIN.ON.ORNEAATHECONSTRVCTIONSfillNDSHAU.NOTBE CONSTRUED MSUPER\.'ISION OF THE ACTUAi.CONSTRUCTION NORM.t.KETHE liNOt-'EER, O'M',EROR ITSAOEM'SRESPONSIEILEFOR PRO-.,~NGASAl'l!PLACE FOR: THE l'ERFORw.NCEOFV.ORl<OYnl'iCOIJ'l'Ri\CTOR, SUBCONTAAaTOl'IS, Oft SUPPLIERS, OR FOR ACCESS, VISITS, USE, \',ORI(_ TRAVEL OR OCCUPAHC'I' BY '-N'f PER30N THE CONTRACTOR SHALL H,\VE -,y THE V.ORK SITE, COPIES OR &UTMI.E EXHIACTS OF CONSTII.UCTlON Wl!fV ORDERS, ISSIJEI) BV CAL.OSHA. CONTRACTOR SHALL COW'!. Y 'MTH PROVISIONS OF THESE AHO ALL OTHER WPllc:ABl.'11.AWS. Oll0INAHCE!! HIO REGUlATIONS THl!':(XlN'tRM:fOA IAIST COMPLY WITHPRO\IIS!ONSOf THE SAFETY AND HcA!.TH RE<l\.llLJITIONSFOR CONSTRUCTION.
PROI.II.I..GATEOB"t' nEstefl.ETAA"t'OF I.ABOR Ur,,,oeR SECTtON1'JlOFTHi CONTRACT v.oRK HOORSIHJ SA1£TY STAN0,1,AOSACT, A!SSET"FOR™IN ffllEttC.F.R..
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CITY OF LOS BANOS
MERCED COUNTY
MEADOWLANDS WET WELL
REPLACEMENT AND BYPASS
' '\ ________ ...f•
~
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REPI.ACEMENT PROJE
COUNTY MAP NOTTOSC"-1.li
VICINllY ~ MAP
GENERAL NOTES
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CONTROL TABLE
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30 31
ITEM 7D
TO:
FROM:
DATE:
LOsBanos
Ar the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
William Via, Jr., Public Works Director
December 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorization to Award Lease Agreement of Agricultural Parcel (APN 454-0200-001) located at the City of Los Banos Wastewater Treatment Plant between the City of Los Banos and Fernando Escobedo dba Escobedo and Sons, and an amendment to increase the Wastewater Fund Lease Income Revenue Account by $7,500 in the Fiscal Year 2025-2026 budget
Recommendation:
Staff recommends that the City Council adopt a Resolution awarding the Lease of the Agricultural Parcel (APN 454-0200-001) located at the City of Los Banos Wastewater Treatment Plant to the selected Lessee/Operator, Fernando Escobedo dba Escobedo and Sons, authorizing the City Manager to execute the Lease Agreement and all related documents; and amending the Fiscal Year 2025-2026 Budget to recognize lease revenue in Lease Income Account No. 502-000-363-014 in the amount of $7,500.
Background:
On October 15, 2025, the City of Los Banos issued a Request for Proposals (RFP) for the Lease of the Agricultural Parcel (APN 454-0200-001 ), consisting of approximately 243 acres of farmland located at the City's Wastewater Treatment Plant (WWTP).
The RFP was publicly advertised on the City's website, and notice was distributed to local and regional agricultural operators. The parcel is being leased in its current as-is condition for agricultural purposes consistent with City and County standards. The RFP invited qualified Lessee/Operators to submit proposals demonstrating their experience, operational capacity, and proposed lease rate.
32 Discussion:
Proposals were evaluated based on the criteria outlined in the RFP, including:
• Experience and qualifications of the operator;
• Proposed lease rate and payment terms;
• Operational plan and maintenance approach; and
• Compliance with all applicable regulations and RFP terms.
The selected Lessee/Operator will be responsible for operating and maintaining the 243-acre agricultural parcel, including irrigation, weed control, and upkeep of fencing and access gates. The parcel will be leased on a five-year term, with the option for two one-year extensions by mutual agreement.
Proposals were opened on November 12, 2025. The City received one proposal.
Fernando Escobedo dba Escobedo and Sons was determined to be the only responsive and responsible bidder.
Staff recommends award of the lease and authorization for the City Manager to execute the Lease Agreement with Fernando Escobedo dba Escobedo and Sons to begin on January 1, 2026.
Staff recommends a budget amendment to recognize the anticipated lease revenue in Account 502-000-363-014 in the amount of $7,500 for Fiscal Year 2025-2026, consistent with the executed lease agreement.
Fiscal Impact:
The lease will generate annual revenue to the City of $15,000, payable in two equal installments per year (50% due January 1 and 50% due July 1) for Year 1 of the lease.
A 2% annual cost-of-living adjustment (COLA) will apply beginning in Year 2 of the lease, and will generate a total of $78,060.60 for five (5) years.
Year 1: $15,000.00
Year 2: $15,300.00
Year 3: $15,606.00
Year 4: $15,918.12
Year 5: $16,236.48
Total: $78,060.60
There are no additional capital or maintenance costs anticipated for the City as the parcel is being leased in as-is condition.
33 Reviewed by:
Attachments:
Resolution
RFP Opening Sheet
Public Notice
Lease Agreement with Site Map
nervMoreno, Finance Director
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34 35
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING A LEASE
AGREEMENT BETWEEN THE CITY OF LOS
BANOS AND FERNANDO ESCOBEDO DBA
ESCOBEDO AND SONS, FOR THE PURPOSE OF
LEASING AGRICULTURAL PARCEL APN# 454-
0200-001, AMENDING THE FISCAL YEAR 2025-
2026 BUDGET BY INCREASING REVENUE IN
THE AMOUNT OF $7,500, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE LEASE
AND ALL RELATED DOCUMENTS
WHEREAS, on October 15, 2025, the City of Los Banos solicited proposals for the Lease of Agricultural Parcel APN# 454-0200-001, located at the City of Los Banos Wastewater Treatment Plant; and
WHEREAS, on November 12, 2025 the City of Los Banos opened proposals for the Lease of Agricultural Parcel APN# 454-0200-00, and whereas, identified that Fernando Escobedo dba Escobedo and Sons was the lowest, and only responsive and responsible bidder; and
WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the contract with Fernando Escobedo dba Escobedo and Sons;and
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2025-2026 Fiscal Year budget; and
WHEREAS, the City Council of the City · of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget amendment includes an increase to revenue for a total of $7,500 in Lease Income Account No. 502-000-363-014; and WHEREAS, the proposed amendment to the 2025-2026 Fiscal Year Budget for an increase to the Lease Income Revenue has been approved by the Finance Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
36 1. Authorize the Lease Agreement between the City of Los Banos and Fernando Escobedo dba Escobedo and Sons for the purpose of leasing agricultural parcel APN# 454-0200-001;
2. Authorize the City Manager to execute the Lease Agreement and all related documents between the City of Los Banos and Fernando Escobedo dba Escobedo and Sons;
3. Approve an amendment to the Fiscal Year 2025-2026 Budget by increasing revenue in Lease Income Account No. 502-000-363-014 in the amount of $7,500.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of December 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
37 Recording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
Exempt from Recording Fees
Pursuant to Gov't Cd 6103
APN: 454-0200-001
Space above this line for Recorder's use.
LEASE AGREEMENT BETWEEN
THE CITY OF LOS BANOS
AND FERNANDO ESCOBEDO dba ESCOBEDO AND SONS
THIS LEASE ("this lease" or the "Lease Agreement") is entered into on December 3, 2025 by and between the CITY OF LOS BANOS, a California municipal corporation, ("Lessor") and Fernando Escobedo dba Escobedo and Sons ("Lessee").
Lessor for and in consideration of the rent to be paid by Lessee and of the covenants and provisions to be kept and performed by Lessee under this lease, hereby leases to Lessee, and Lessee agrees to lease from Lessor, the "as is" real property in the County of Merced, State of California (the "Premises" or the "leased Premises"), more particularly described in Exhibit A and Exhibit B attached hereto and incorporated herein by this reference on the following terms and conditions:
ARTICLE 1. TERM OF LEASE
Section 1.01. Term. The term of this lease shall commence on January 1, 2026, and shall end on December 31, 2030 (the "Term"), unless terminated earlier pursuant to the provisions of this lease.
(a) Option to Extend Term. Lessee shall have two options to extend the term of this lease ( each, an "Extension Option"). Each Extension Option shall be for an additional period of one (1) year ( each, an "Extension Term"), on the same terms and conditions contained in this lease, except as otherwise provided in this section.
Lessee may exercise an Extension Option by delivering written notice to Lessor no later than 90 days prior to the expiration of the then-current term. Failure to deliver timely written notice shall result in automatic forfeiture of the applicable Extension Option.
1 38
During each Extension Term, rent shall continue to be increased by 2% over the rental amount in effect during the final year of the prior tenn.
Lessee's right to exercise an Extension Option is conditioned upon: (1) Lessee not being in default at the time notice is given; and (2) Tenant not being in default at the commencement of the Extension Tenn.
Section 1.02. Holding Over. Any holding over after the expiration of the term of this lease with the consent of the Lessor expressed or implied shall not extend the term of this lease or renew the same, regardless of the period of holding over. Any such holding over shall constitute a tenancy from month to month upon each and every term, condition and covenant of this lease insofar as the same may be applicable.
ARTICLE 2. RENT
Section 2.01. Rent. Commencing January 1, 2026, Lessee agrees to pay Lessor the sum of Fifteen Thousand Dollars and Zero Cents ($15,000.00) per year, payable ½ on or before January 1st and ½ on or before July 1st of each year of this lease agreement. Beginning on the first anniversary of the commencement date, and on each anniversary thereafter for the duration of the Term (including any exercised Extension Terms), the rental amount shall automatically increase by two percent (2%), compounded annually, such that each year's rent is calculated by applying the 2% increase to the rental amount in effect during the immediately preceding lease year.
In the event rent is not paid within 5 days after due date, Lessee agrees to pay a late charge of Five Hundred Dollars ($500.00), plus interest at the rate of 10% per annum on the delinquent amount. Lessee further agrees to pay Fifty dollars ($50.00) for each dishonored bank check. The late charge period is not a grace period, and Lessor is entitled to make written demand for any rent if not paid when due.
ARTICLE 3. USE OF PREMISES
Section 3.01. Permitted Use. During the term of this lease, Lessee shall use the Premises solely for the purpose of planting, growing, and harvesting of agricultural crops and for no other purpose without the prior written consent of Lessor.
(a) No crops with harvest dates after the lease termination date will be planted without the prior written approval of Lessor.
Section 3.02. Approvals and Licensing. If any license, permit, or other governmental authorization is required for the services and/or activities provided by Lessee in connection with the use or occupancy of the Premises or any portion of the Premises, Lessee shall procure and maintain said approvals and licenses throughout the term of this lease. Failure to procure and maintain said approvals and licenses throughout the term of this lease shall be deemed a material breach of the lease. Lessee shall notify Lessor immediately upon suspension or revocation of any license, permit, or other governmental authorization.
2 39
Section 3.03. Compliance with Laws. Lessee shall, at Lessee's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal relating to any use and occupancy of the Premises, whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The violation of any such statute, ordinance, regulation, or requirement shall constitute grounds for termination of this lease by Lessor.
Section 3.04. Prohibited Uses. Lessee shall not use or permit the Premises or any portion of the Premises to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, or entity. Furthermore, Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or any part of the Premises.
Section 3.05. Right of Entry and Access to Premises. Lessor and its agents or representative shall have the right, during reasonable business hours, to enter upon the leased Premises, to inspect the same or any crops growing or harvested thereon or being removed therefrom, the improvements therein, appurtenances thereto, and all equipment located thereon.
Lessor shall also have the right to enter the leased Premises to exercise, protect or defend any of the rights reserved to the Lessor hereunder. Lessee shall supply Lessor and its agents or representatives with any instruments necessary to affect entry only to the leased Premises.
Section 3.06. Farming Practices. Lessee shall carry on all of the activities specified under Section 3.01 in accordance with good husbandry and the best practices of the farming community in which the leased premises are situated. Lessee agrees to use the best-known practices and measures to prevent the entry or growth of Johnson grass, morning glory, Bermuda grass, knapweed and other noxious weeds or grasses upon the leased premises, including necessary control measures if allowed by law on adjacent or adjoining public and private roads, ditches, banks, fence lines, lanes and ways. It shall be the obligation of Lessee to bear the expense of compliance with all lawful requirements governing extermination and destruction of noxious growth, rodents and harmful insects and protection against orchard and plant infection on leased and adjacent property.
Vegetation shall be managed as follows:
(a) With respect to any portion of the leased Premises used to farm cotton, Lessee shall shred all cotton stalks remaining on such portion and disc the soil of any such portion in full compliance with Merced County pink boll worm plow-down regulations. (b) Following the harvest of any other crop, Lessee shall disc until all crop residue is thoroughly mixed with the soil.
( c) Any portion of the leased Premises planted and not harvested, or left fallow, shall be maintained to minimize weed and pest infestations. Methods for minimizing infestations of weeds and pest shall include but not be limited to semiannual discing and/or mowing, and the application of herbicides and pesticides as allowed by law.
3 40
( d) Grazing of livestock, although permitted as a part of this lease, is not considered by the Lessor to be a means of vegetation control and therefore does not satisfy the requirements of this section.
(e) Lessor reserves the right to direct Lessee as to the timing and preferred method(s) for complying with this section.
(f) Lessee shall provide a performance bond for the full term of this lease, for the benefit of the Lessor, to insure weed and vegetation control are conducted in accordance with these provisions. Said performance bond shall be provided to the Lessor prior to the execution of this lease. In lieu of a performance bond, Lessee may provide a refundable deposit of Twenty-Five Dollars ($25.00) per irrigable acre subject to this lease.
If Lessee fails to take any required action or conduct any operation in accordance with the best course of husbandry practiced in the farming community surrounding the leased Premises, Lessor may, after giving Lessee 15 days' written notice of the failure in the manner prescribed in Section 8.04 of this lease, enter the leased Premises and take any reasonable action Lessor may deem necessary to protect Lessor's interest in this lease and the leased Premises. Lessee agrees to reimburse Lessor on demand for the cost of any reasonable actions taken by Lessor in accordance with the provisions of this paragraph.
3.07. Chemical Storage and Use. Lessee shall not apply to, use upon, possess or store upon the Premises, any substance or chemical as designated from time to time by the United States or State of California or any office or agency thereof, as causing cancer or reproductive toxicity, as determined in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986 ( commonly known as Proposition 65) or any other law or regulation. Lessee further agrees and acknowledges that all herbicides and pesticide storage and applications must meet the restrictions and permits required by the County Agricultural Commissioner in the State of California and all other governmental regulations. Only chemicals designated and approved for use on the land associated with this lease may be stored on the Premises. Lessee agrees to control and dispose of containers according to legal requirements, and hold Lessor harmless for the use, storage, or disposal of any agricultural chemicals. Lessee agrees not to apply pesticides, insecticides, fungicides, herbicides, or other chemical treatments that will have a residual effect beyond the term of this lease except with the prior written consent of Lessor.
3.08 Water Supply. Lessor does not warrant the existence of or the water supply to the Premises. Lessee accepts the risk and is fully aware of the condition of any water supply system serving the Premises or the lack thereof. Lessee understands that there may be legal constraints upon the sources of water made available to the leased Premises. Lessee accepts the risk of no available water, a shortage or reduction in water supply which may arise from failures of wells, lack of legal authority to divert or deliver water and agrees hereby to waive any and all claims against Lessor for damages, loss or reduction in crop yield or any other nature of damage or expense which may arise from water unavailability, fluctuations, or degradation of the quality of water diverted. Lessee agrees to indemnify the Lessor, its City Council, officers, directors, agents, employees and volunteers from any such claims or costs of defense of those 4 41
claims which might be made against Lessor by third parties claiming through Lessee or as a beneficiary of Lessees. As to any water supply features such as wells, pumps or other apparatus which require repair or replacement during the term of the Lease Agreement, Lessee shall promptly repair or reconstruct these facilities at its cost during the term of the Lease except that if such facilities shall be damaged due to the negligence of Lessor or its unreasonable omission to act, Lessor shall bear the costs of repair or replacement.
(a) Lessee is prohibited from taking any action that would have the effect of decreasing or removing any riparian or water supply rights attached to the Premises.
ARTICLE 4. OPERATING COSTS
4.01. Operating Costs. Lessee shall pay all costs in connection with Lessee's operations on the leased Premises, including but not limited to costs of preparing the leased Premises for planting of crops, production costs, costs of tools and labor, electricity, water charges, and other utilities.
4.02. Taxes and Assessments. Lessee shall pay, before delinquency, all personal property taxes or assessments levied on Lessee's personal property situated in or about the leased Premises during the term of this lease. On demand, Lessee shall provide to Lessor satisfactory evidence of payment of taxes. Lessor shall be responsible for the payment of real property taxes or assessments levied on the leased Premises.
ARTICLE 5. MAINTENANCE ALTERATIONS AND REPAIRS
5.01. Maintenance. Lessee shall keep in good condition and repair all buildings, fences, wells, pumping plants, and irrigation systems or other improvements now located upon the Premises, which are the property of the Lessor. Lessee shall provide Lessor annually a written report of all major repairs made during the previous twelve months. Upon the termination of this Lease, Lessee shall leave the same in as good repair as they now are, damage by the elements, acts of God and ordinary wear and tear excepted. Lessor shall not be called upon or required to make any repairs or incur any expenses of any kind or nature, upon or in connection with the leased Premises or improvements, for and during the term or this Lease. Within thirty days of execution of this Lease the parties shall jointly prepare an inventory of all improvements currently located on the leased premises.
5.02. Waste or Nuisance. Lessee shall not commit, or pennit others to commit, any waste on the leased Premises. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by California Civil Code Section 34 79 on the leased Premises. Lessee shall not use or permit the use of the leased Premises for any unlawful purpose.
5.03. Alterations and Mechanics' Liens. Lessee shall not construct, any new improvements upon said leased Premises without first obtaining the written consent of Lessor.
Lessee shall pay for all materials joined or affixed to said leased Premises, and pay in full all persons that perform labor upon said Premises at Lessee's instance and request. Lessee shall not permit or suffer any mechanic's or materialmen's liens of any kind or nature to be enforced against 5 42
said leased Premises for any work done, or materials furnished thereon, at Lessee's instance or request. Lessee agrees to indemnify and hold Lessor harmless against any and all such liens.
Lessor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein. Lessee shall be liable to Lessor for all costs, damages and reasonable attorney's fees and any amounts expended in defending any proceedings, or in the payment of any of said liens or any judgment obtained therefor. Lessor may post and maintain upon the leased Premises notice of non-responsibility as provided by law.
5.04. Inspection by Lessor. Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter the leased Premises at all reasonable times to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect the Lessor's interest in the leased premises.
5.05. Acceptance by Lessee. Lessee accepts the leased Premises, as well as the improvements on the premises and facilities appurtenant to the Premises, in their present condition.
Lessee agrees with, and represents to Lessor, that the leased Premises have been inspected by him and that Lessee has been assured by means independent of Lessor or Lessor's agents of the truth of all facts material to this lease and that the leased Premises are being leased by Lessee as a result of its inspection and investigation and not as a result of any representations made by Lessor or Lessor's agents.
5.06. No Warranty. Lessee expressly acknowledges that Lessor has made no warranty and no warranty shall be implied by reason of any term or provision of this Lease concerning the availability or sufficiency of water or any other utility for use upon the leased Premises; nor has Lessor made any warranty concerning the sufficiency of wells, pumping plants, canals, pipelines or any other irrigation equipment for provision of water to the crops, any dwellings or machinery upon the leased Premises; nor has Lessor made any warranty concerning the sufficiency of any provisions for the control of flooding of the leased Premises, nor has Lessor made any warranty concerning the sufficiency of adequacy of the land for the use or uses intended by Lessee.
5.07 Hazardous Materials.
(a) Lessee shall at all times in all respects comply with all environmental laws and any amendments thereto affecting Lessee's use of and operation on the leased Premises, including all federal, state and local laws, ordinances and regulations relating to Hazardous Material. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste that is or becomes regulated by any local government authority, the State of California or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is (1) defined as "Hazardous Waste," "Extremely Hazardous Waste" or "Restricted Hazardous Waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (2) defined as a "Hazardous Substance" under Section 25316 of the California Health and Safety Code, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (3) defined as a "Hazardous Material" or "Hazardous Substance" or "Hazardous Waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 6 43
(Hazardous Materials Release Response Plans and Inventory); ( 4) defined as a "Hazardous Substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter
6.7 (Underground Storage of Hazardous Substances); (5) petroleum or petroleum containing compounds; (6) asbestos; (7) listed under Article 9, or defined as Hazardous Wastes or Extremely Hazardous pursuant to Article 11, of Title 22 of the California Code of Regulations, Division 4, Chapter 20; (8) designated as a "Hazardous Waste" pursuant to Section 311 of the Federal Water Pollution control Act (33 USC Section 1317); (9) defined as "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 USC Section 6901 et seq. (42 USC Section 6903); or (10) defined as a "Hazardous Substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability act, 42 USC Section 9601 et seq. (42 USC Section 9601).
(b) If Lessee causes, or permits the use or storage of hazardous materials resulting in contamination of the leased Premises, then Lessee shall indemnify, defend and hold Lessor harmless from any claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the Term of this Lease Agreement as a result of such contamination. This indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any reasonable investigation of site conditions or any cleanup, remedial action, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the leased Premises, excepting pre-existing conditions. In no event shall Lessee be responsible for any contamination found on or under the leased Premises that existed prior to Lessee's occupancy.
Without limiting the foregoing, if the presence of any Hazardous Material on the leased Premises caused or permitted by Lessee results in any contamination of the leased Premises, Lessee shall promptly take all actions at its sole expense as are necessary to render the leased Premises in compliance with all applicable environmental laws; provided that Lessor's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse effect on the leased Premises.
The provisions of this section shall survive the expiration or termination of this Lease Agreement.
5.08 Protected Natural Resources.
(a) Lessee shall at all times in all respects comply with all environmental laws and any amendments thereto affecting Lessee's use of and operation on the leased Premises, including all federal, state and local laws, ordinances and regulations relating to endangered, threatened and other sensitive species. Without limiting the generality of the foregoing, reference is made to the provisions set forth in the California Endangered Species Act (California Fish and Game Code Section 2050, et seq.); the Federal Endangered Species Act (16 U.S.C. Sections 1531 -1543); and the Federal Migratory Bird Treaty Act (16 U.S.C. Sections 703-712).
Lessee shall assume responsibility for and payment of any fines or penalties levied on either Lessor or Lessee by any applicable local, state or federal authority (hereinafter "Authority") for breaches by Lessee of the Authority's environmental regulation. Lessee agrees to be solely liable for the payment of all fines and penalties resulting from Lessee's breach of Authority's 7 44
environmental regulations, except and in proportion to the extent caused by the negligence or willful misconduct of Lessor.
In addition, Lessee understands and acknowledges that, during the Term of this Lease Agreement, the environmental regulations implemented or imposed by the Authority on Lessor and Lessee may change and Lessee specifically agrees to comply with any future applicable environmental regulations implemented or imposed by the Authority on Lessor or Lessee.
The provisions of this section shall survive the expiration or termination of this Lease Agreement.
5.09 Cultural Resources. If any cultural resources, such as structural features, bone or shell, artifacts, human remains, or architectural remains be encountered during any activities, work shall be immediately suspended and the find area shall be staked off. The Lessee shall immediately notify the Lessor. Lessor will coordinate any necessary investigation of the find with appropriate specialists as needed. The Lessee shall be required to implement any mitigation deemed necessary for the protection of the cultural resources.
In addition, pursuant to Section 5097.97 of the State Public Resources Code and Section 7050.5 of the State Health and Safety Code, in the event of the discovery of human remains, all work is to immediately stop and there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains and the Lessor and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains.
ARTICLE 6. INDEMNITY AND INSURANCE
Section 6.01. Indemnification. Lessee shall defend, indemnify, and hold hannless Lessor, its principals, officers, employees, agents, and volunteers from and against any claims, losses, injuries, suits, or judgments and from any and all liability for any and all claims, losses, injuries, suits, or judgments filed or brought by any and all persons (including, without limitation, attorney's fees, disbursements and court costs) because of, arising, from or resulting from, or in connection with the conduct by Lessee of any program, activity or service in, on, or about the Premises, or because of or arising from any negligent and or willful act or omission, its principals, officers, agents, employees, volunteers or subcontractors, or in any way connected with the Premises or with any improvements or personal property on the Premises, or some condition of the Premises or some building or improvement on the Premises except when caused by the sole negligence or willful misconduct of Lessor.
Section 6.02. Insurance. Lessee shall, at its own cost and expense, procure and maintain during the entire term of this lease public liability insurance and premises damage insurance insuring Lessor against loss or liability caused by or connected with Lessee's occupation and use of the Premises under this lease in amounts not less than:
8 45
(a) General Liability. Lessee shall maintain general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Lessee, general liability policies shall be primary and shall not seek contribution from the Lessor's coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that Lessor and its officers, officials, employees, and agents shall be additional insureds under such policies.
(b) Auto Liability. Lessee shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage fonn CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($ I ,000,000) per accident. If Lessee owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (c) Workers' Compensation. Lessee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to Lessor, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Lessor, its officers, agents, employees, and volunteers.
The insurance required under this section shall be issued by a responsible insurance company or companies authorized to do business in California and shall be in a form reasonably satisfactory to Lessor. Lessee shall within IO days of the date of this lease, deposit with Lessor a certificate showing that insurance to be in full force and effect.
Section 6.03. Cancellation Requirements. Each of the insurance policies shall be in a form reasonably satisfactory to Lessor and shall carry an endorsement that, before changing or canceling any policy, the issuing insurance company shall give Lessor at least 30 days' prior written notice.
Duplicate originals or certificates of all such insurance policies shall be delivered to Lessor.
ARTICLE 7. DEFAULT, ASSIGNMENT,
AND TERMINATION
Section 7.01. Restriction Against Subletting or Assignment. Lessee shall not encumber, assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in the Premises or any of the Improvements that may now or hereafter be constructed or installed on the Premises without first obtaining the express written consent of Lessor. Lessee shall not sublet the Premises or any part of the Premises or allow any other person, other than Lessee's agents, servants, and employees, to occupy the Premises or any part of the Premises without the prior written consent of Lessor. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this lease. The consent of Lessor to any assignment of Lessee's interest in this lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld.
9 46
Section 7.02. Default Defined. The occurrence of any of the following shall constitute a material default and breach of this lease by Lessee:
(a) Any failure by Lessee to pay the rent or to make any other payment required to be made by Lessee under this lease (when that failure continues for 3 days after written notice of the failure is given by Lessor to Lessee).
(b) The abandonment or vacation of the Premises by Lessee (the absence of Lessee from or the failure by Lessee to conduct business on the Premises for a period in excess of 14 consecutive days shall constitute an abandonment or vacation for purposes of this lease). ( c) A failure by Lessee to observe and perform any other provision of this lease to be observed or performed by Lessee, when that failure continues for 30 days after written notice of Lessee's failure is given by Lessor to Lessee; provided, however, that if the nature of that default is such that it cannot reasonably be cured within 30-day period, Lessee shall not be deemed to be in default if Lessee commences that cure within the 30-day period and thereafter diligently prosecutes it to completion.
( d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, it is dismissed within 60 days); the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this lease, when possession is not restored to Lessee within 30 days; or the attachment, execution, or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this lease, when that seizure is noJ discharged within 30 days.
Section 7.03. Termination of Lease and Recovery of Damages. In the event of any default by Lessee under this lease, in addition to any other remedies available to Lessor at law or in equity, Lessor shall have the right to terminate this lease and all rights of Lessee hereunder by giving written notice of the termination. No act of Lessor shall be construed as terminating this lease except written notice given by Lessor to Lessee advising Lessee that Lessor elects to terminate the lease. In the event Lessor elects to terminate this lease, Lessor may recover from Lessee:
(a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the lease;
(b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonably avoided;
( c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and
47 ( d) Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform its obligations under this lease.
Section 7 .04. Lessor's Right to Continue Lease in Effect. (a) If Lessee breaches this lease and abandons the Premises before the natural expiration of the term of this lease, Lessor may continue this lease in effect by not terminating Lessee's right to possession of the Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under this lease, including the right to recover the rent specified in this lease as it becomes due under this lease. For as long as Lessor does not terminate this lease, Lessee shall have the right to assign or sublease the Premises with the Lessor's prior written consent. Lessor shall not unreasonably withhold consent.
(b) No act of Lessor, including but not limited to Lessor's entry on the Premises, efforts to rel et the Premises, or maintenance of the Premises, shall be construed as an election to terminate this lease unless a written notice of that intention is given to Lessee or unless the termination of this lease is decreed by a court of competent jurisdiction.
Section 7.05. Lessor's Right to Relet. In the event Lessee breaches this lease, Lessor may enter on and rel et the Premises or any part of the Premises to a third party or third parties for any term, at any rental, and on any other terms and conditions that Lessor in its sole discretion may deem advisable, and shall have the right to make alterations and repairs to the Premises. Lessee shall be liable for all of Lessor's costs in reletting, including but not limited to remodeling costs necessitated by any modifications made by Lessee and required for the reletting. In the event Lessor relets the premises, Lessee shall pay all rent due under and at the times specified in this lease, less any amount or amounts actually received by Lessor from the reletting.
Section 7.06. Lessor's Right to Cure Lessee Defaults. If Lessee breaches or fails to perform any of the covenants or provisions of this lease, Lessor may, but shall not be required to, cure Lessee's breach. Any sum expended by Lessor, with the then maximum legal rate of interest, shall be reimbursed by Lessee to Lessor with the next due rent payment under this lease.
Section 7.07. Cumulative Remedies. The remedies granted to Lessor in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or provided in this lease.
Section 7.08. Waiver of Breach. The waiver by Lessor of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease.
ARTICLE 8. MISCELLANEOUS
Section 8.01. Discrimination Prohibited. Neither Lessee nor any officer, employee, or agent of Lessee shall discriminate in the employment of persons providing services on the premises in any facility the use of which is authorized by this Agreement on account ofrace, color, national 11 48
origin, ancestry, religion, sex, physical handicap, or medical condition, in violation of any federal or state law.
Section 8.02. Force Majeure--Unavoidable Delays. If the performance of any act required by this lease to be performed by either Lessor or Lessee is prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability that is not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.
Section 8.03. Attorneys' Fees. If any litigation is commenced between the parties to this lease concerning the Premises, this lease, or the rights and duties of either in relation to the Premises or to this lease, the party prevailing in that litigation shall be entitled to, in addition to any other relief that may be granted in the litigation, a reasonable sum as and for its attorneys' fees in that litigation that are determined by the court in that litigation or in a separate action brought for that purpose.
Section 8.04. Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to either party to this lease by the other party to this lease shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom they are directed, or in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to:
Lessor
City of Los Banos
520 J Street
Los Banos, CA 93635
Lessee
Fernando Escobedo dba Escobedo and Sons
8902 Blossom A venue
Dos Palos, CA 93620
Either party, Lessor or Lessee, may change its address for the purpose of this section by giving Virritten notice of that change to the other party in the manner provided in this section.
Section 8.05. Binding on Successors. This lease shall be binding on and shall inure to the benefit of the successors and assigns of Lessor and Lessee, but nothing in this section shall be construed as a consent by Lessor to any assignment of this lease or any interest therein by Lessee except as provided this lease.
Section 8.06. Partial Invalidity. If any provision of this lease is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. 12 49
Section 8.07. Sole and Only Agreement. This instrument constitutes the sole and only agreement between Lessor and Lessee respecting the Premises, the leasing of the Premises to Lessee, or the lease term created under this lease, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting the Premises or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void.
Section 8.08. Time of Essence. Time is expressly declared to be of the essence in this lease.
Section 8.09. No Partnership or Joint Venture. Nothing in this lease shall be construed to render Lessor in any way or for any purpose a partner, joint venturer, or associate in any relationship with Lessee other than that of Lessor and Lessee, nor shall this lease be construed to authorize either to act as agent for the other.
Section 8.10. Oil, Gas. and Mineral Rights. All rights in any and all minerals, oil, gas, and other hydrocarbons located on or under the leased Premises are reserved to Lessor and are particularly excepted from the property covered by the terms of this lease.
Section 8.11. Hunting Rights. All of the hunting rights and privileges on the leased premises are reserved to Lessor. Lessee agrees that Lessee will not permit any hunting on the leased premises without the prior written consent of Lessor.
Section 8.12. ASCS/FSA Acreage Bases. All ASCS/FSA acreage bases of Lessor and Lessee shall not be affected by this lease agreement and shall be maintained in their original state with Lessor and Lessee as if the lease had not occurred. Lessee will be allowed to combine Lessor's fann number with Lessee's farm number for FSA fann payment purposes. All farm program payments will be the property of Lessee during the term of this lease.
Section 8.13. Crop Waiver. It is understood and agreed that Lessee may finance the growing of crops on the premises by a crop loan, and in this connection, if the lender to the Lessee shall require a waiver by the Lessor with respect to any crops growing on said demised premises to be mortgaged as security for such crop loan, the Lessor agrees that the Lessor will execute such waiver for one crop year at a time and only for the production of crops upon the demised premises for such crop year, provided that the advance cash rent for the subject crop year has been paid.
Section 8.14. Williamson Act Documentation. Lessee shall cooperate with Lessor in disclosing any necessary information relative to farming practices and crop production on the leased premises in connection with any forms required by the County of Merced and/or the State of California.
Section 8.15. Removal of Growing Crops. Lessee shall have thirty days after the termination of this lease to remove any then growing crops.
Section 8.16. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein 13 50
stated and on behalf of any entities, persons, estates or finns represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. A signature transmitted by facsimile or as a pdf copy to electronic mail shall be treated as original for all purposes.
IN WITNESS THEREOF, this Lease Agreement was executed by the parties thereto on the date(s) set forth below.
LESSOR:
CITY OF LOS BANOS,
a California Municipal Corporation
By: _ _______ _ __ _ Dated - - ---------
Michael S. Amabile, Mayor
ATTEST:
Dated - ---------- Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
Dated -----------
Mary F. Lerner, City Attorney
LESSEE: FERNANDO ESCOBEDO dba ESCOBEDO AND SONS
By:______ _ _ ____ Dated _ _ _ _______ _
Fernando Escobedo dba Escobedo and Sons
[SIGNATURES MUST BE NOTARIZED]
14 51
APN 454-0200-001
EXHIBIT A
PROPERTY DESRIPTION
REAL PROPERTY
15 52
EXHIBITB
SITE MAP
* Areas in red are included in the pasture lease
16 53
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Merced
)
)
On -----------, before me, ______________ _,
(insert name of notary)
Notary Public, personally appeared _____________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____ ______ ____ _ (Seal)
17 54
LOs Banos
.:._;r ( I /1 I I IIW
REQUEST FOR PROPOSAL RESULTS
LEASE OF AGRICULTURAL PARCEL LOCATED
AT THE CITY OF LOS BANOS WASTWATER TREATMENT PLANT
November 12, 2025 - 4:00 PM
1. Escobedo and Sons
Signed: -31-=-- tfo,.,.; Vienna Lin
Assistant City Clerk/Records Coordinator
Administrative Coordinator
~
Dated: November 12, 2025
55 When recorded mail to:
CITY OF LOS BANOS
520 J STREET
LOS BANOS, CA 93635
PROOF OF PUBLICATION
(2015.5 C. C. P.)
STATE OF CALIFORNIA,
County of Merced,
I am a citizen of the United States and a resident of
the county aforesaid; I am over the age of
twenty-one years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of THE WESTSIDE EXPRESS, P.O. Box
2422, Los Banos, CA 93635, a newspaper of general
circulation, published in Los Banos, California in the
City of Los Banos, County of Merced, and which
newspaper has been adjudged a newspaper of general
circulation, by the Superior Court of the County of
Merced, State of California. That the notice, of which
the annexed is a printed copy ( set in type not smaller than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
October 15, 2025
I certify or declare under penalty of perjury that the
foregoing is true and correct.
Dated at Los Banos,
This 15th day of October, 2025
_k-_H_
Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of
PUBLIC NOTICE
Public Hea,mgs.. 'Notices_ ..1
PUIIUC NOnCE
REQUEST FOR l'IIOPOSALS
FOR LEASE OF AGRICU&.TUIW. PARCEL
UXA1ED ATTHE arY Of LOS BANOS
WASTEWATER TIIU'l'M2NT PLAHI'
NOTICE IS HEREBY GIVEN that the City
of Los Banos Is solldting proposals from
~
qualified agrlcultural opefatols (·lessee/
to lease and malntalnthe
·1,g_1ic61tt11i'KRii¥.APR4~2~1.
consisting of approxillllltely 243 BCf!!5 of
farmland located at the Oty's Wastewater
Treatment Plant (WWTP).
AR qualltied persons interestedffl leasing
the desaibed property are Invited to
submit their proposals. The proposals wtll
be evaluated and rankedaccordingtothe
criteria provided in.Proposal Evaluation;
of this Request for Proposal.
It shall be the Lessee's/Operator\
mpomlbllity to check the Oty of Los
Banos'website (www.JosbiJnos..org) to
obtain any addenda that may be issued.
The Lessee'sJOpemor's attention
is dlll!Cfed to Exhibit A, "Submittal
Requlmnents."
SUbmlt one (1) hard copy of the l.@ssee's,I
Operator's pro.posaL The hattl copy shall
be malled QI' submitted In person to the
City of Los llanos, 520 J Street. Los Banos,
CA 9363S, prim'to«OII P.M. POST on
Nowembar 1'-, 2025. ProposalsshaU be
submitted In a seated package cleady
marted "IIFPfora.-of Agriallmal
Property" and addressed as follows:
City of Los Banos
Attention: City Clerk
SiGJStn!et
Los Banos. CA 9363S
No late submlttals wtll be accepled.
The City may conduct lntetw!Ws of
the top ranking proposers In order to
make a final selec:tlon. The successful
proposer will be recomrner)lledto the
City Council fur authorization to enter
Into a Professional Services Agreel,lent
for Lease rA Agiicultural ~el located at
APN 4.54-0200-001.
Failure to comply with the requln!n'lents
ser forth In this Request for Proposal may
l'e$Ult In disquatmcation. Proposals and/or.
modlfiQtions NCelved subsequent to the '
hour ¥Id date specified ab<we wlD not
be consldared. s~ proposals ffllllY
be withdrawn at arry time prtor to the
submission time specified In till$ Request
for PropOSII~ PfOVlded nadl'lc.1clon Is
receiYe:1 In writing befole the submittal
deadline. Proposals cannot be changlld Ol'J
withdrawn after the sublnltt.1I deadline.
No handwrftien notations or corrections
will be allowed. The responding Proposer
Is solely responsible for aH o:>sts ~ted
to the preparation of the proposal. The
property Is being leased In Its cunent
as-ls condttlon.
The Oty of Los Banos reserves the right
to l'l!ject all proposals and to waive any
minor Informalities or Irregularities
contained In tl)ls proposal Acceptance
of any propo<Sal submitted pursuant
toth~ Requestfo,-Proposal $all not
.constitute any Implied Intent to enter into
a contract.
The contract award. If any, wtn be made
to the lessee/operator who, In the City's
sole dlscretkJn, ts be$t able to perform
the required sen,icm in a manner most
beneficial to the City.
The City intends to follow, but will not
be bound by, the following selection
timellne:
llelei!se of Advertisement of Rf P: October
1S, 2025
Deadline to submit Questions/
Clarifications: '
5:00 P.M. October 29, 2025
Addendum/QuestionS'/Clarlfications
Posted:
5:00 P.M, October 31, 2025
Oeadltnefor Proposal Submlttal:
4.-00 P.M. November 12. 2025.
0ty Council Award Date: •
6;00 PM. December 3, 2025
Any questions wllh iegudto
submissions, pnxass, or ~ can
be emailed to Joe Helm Acting Publlc
Works Director at IOl!,heim@losbanos.
org with cc to ~deme~sbanos.
org. Questions shall~ submitted before
5:00 P.M. POST on Oct~r 29, 2025. Arrt
response to a request for clalfficatlon,
questiOnS and answers wlfl be posted to
the City's website at www.losbanos.org
no latef than 5:00 P.M. POST on October
31, 2025 and if ne<.essary, shall become a
part of the proposal as an addendum
The Request for Proposal can be viewed
and/or obtained from the Oty of Los
Banos website at www.losbanos.org.
No oral questions or Inquires about~
• RFP shall be accepted.
OdtS,2025
WEXllS-.203
THIS PAGE IS INTENTIONALLY LEFT BLANK
56 57
ITEM 7E
LOsBanos
TO:
FROM:
DATE:
t th
Agenda Staff Report
Mayor & City Council Members
William Via, Public Works Director
December 3, 2025
TYPE OF REPORT: Consent Item
li or 1ia
SUBJECT: Final Map No. 2021-01 Quail Meadows- Villages at Stonecreek V Phase 3, Unit 4 Final Map
Recommendation:
That the City Council adopts the Resolution approving Final Map No. 2021-01 Quail Meadows- Villages at Stonecreek V Phase 3, Unit 4 Final Map.
Background:
The Tentative Tract Map No. 2021-01 was approved by the City of Los Banos Planning Commission on December 08, 2021 by Resolution No. 2021-16. In August 2023, the Public Works staff was contacted by, Anderson Homes, a California Corporation, for Final Map approval. The Final Map has been reviewed and found complete by the City's consulting firm.
Discussion:
The subject is generally located within the area bounded by Catherine Hostetler Blvd to the North, future Pioneer Road Extension to the West, Dock Ave to the East, and Cardoza Road to the South, more specifically identified as Assessor Parcel Number 430-010-024 and a portion of Assessor Parcel Number 430-010-035. The applicant is Anderson Homes, a California Corporation. The map consists of a total of 51 lots on
9.84.± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2021-01 .
58 Fiscal Impact:
All required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Sokinirorn Than, City Manager
Attachments:
Resolution
Exhibit A Legal Description
Exhibit B Final Map
Site Map
Subdivision Improvement Agreement
Exhibit A Cost Estimate
Exhibit B Conditions of Approval
Vesting Tentative Map
.M.d. Finance Director
59 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND ADOPTING
FINAL TRACT MAP NO. 2021-01 QUAIL MEADOWS
VILLAGES AT STONECREEK V PHASE 3, UNIT 4.
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 3, Unit 4 Final Map and accompanying Subdivision Improvement Agreement: and WHEREAS, the single-family residential subdivision consists of 51 lots on 9.84± 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, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 3, Unit 4 for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording based upon the following findings:
1. Final Map is in substantial compliance with Tentative Map No. 2021-01.
2. All required processing, development, plan check, and inspection fees to date have been paid.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of December, 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
60 OWNER'S STATEMENT
WE. THE UNOEASlGNED, 00 HEREBY $TATE THAT WE ARE TH[ OY.JNERS OR HAVE SOME RIGHT, nnE OR INTEREST IN ANO TO THE REH. PROPERTV INCLUDED WITHIN THE SU801V1SlON SHOWN ON THE MAP: THAT WE ARE THE ONLY PERSONS WHOSE CONSENT l~ NECESSARY TO PASS CLEAR TITLF. TO SAID REAL PROPERTY; ANO Tl<ATWE HEREBY CONSENTTO THE MAKING AND RECORDING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
THE REAL. PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES:
1. TO THE CITY OF LOS BANOS FOR PU8LtC RIGHT-DF,WAY PURPOSES, THOSE PORTIONS OF SAID LANDS DESIGNATED ON SAID MAP AS MONT ARA DRIVE, MARIPOSA DRIVE, AND NEffiE WAY.
THE REAi. PROPERTY DESCRIBED BELOW IS DEDICATED AS Af.l EASEMENT FOR PUBLIC PUA POSES;
1. A NON-EXCLUSIVE EASEMENT TO THE CITY OF LOS BANOS, TOGETHER W1TI-I me RIGHT TO CONSTRUCT, RECONSTRUCT, REPAIR AND MAINTAIN. POLES, WIRES, CABLES, PIPES. AND CONDUITS
ANO THEIR APPURTENANCES UPON, OVER AND UNDER THE STRIPS OF LANO AS SHOWN ON THIS FINAL MAP DESIGNATED AS "P,U.E." (PUBLIC UTllllY EASEMENT).
2. TO THE CITY OF LOS BANOS, A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF REPAIR AND MAtNTENANCE OF THE SOUND WALL FOR THE AREAS DESIGNATED AS 'WALL EASEMENrtW.E.) ALONG LOTS 221 THROUGH '248 ANO 249, AS SHOWN ON lrflS FINAL MAP.
WE ALSO RELINQUISH TO THE Cln' OF LOS BANOS ALL ACCESS RIGHTS OF LOTS 221 THROUGH 24!1, ANO 249 ALONG CATHERINE HOSTETLER BOUlEVAAD. PARCEL HAND MARIPOSA DRIVE, SHOWN AS~ ON THIS ANAL MAP.
OWNEr'tS:
ANDERSON HOMES, A CALIFORNIA CORPORATION
BY:
DATE
NAME: _ _______ [PRINTNAME)
ITS: ____ __ (TinE)
TRUSTEE'S STATEMENT ARST AME Rte AN TITI.E. A CALIFORNIA CORPORATION, AS TRUSTEE. UNDER THE DEEO OF TRUST RECORDED MARCH 12, 2025 AS OOCUMENTNUMBEA 202500n67, OFFICIAL RECORDS OF MERCED COUNTY. HEREBY CONSENTS TO THE MAKING ANO RECORDING OF THIS MAP DATED THIS DAY OF _ _____ , 2025.
BY:
NAME: - -------~PRINT NAME)
(TITI.EI
SEE SHEET 2 FOR NOTARY STATEMENTS
CERTIFICATE OF DEDICATION THE FOLLOWING REAL PROPERn' IS DEDICATED BY ANDERSON HOMES, A CALIFORNIA CORPORATION, AS FOLLOWS:
THOSE PORTIONS OF SAID LANDS DESIGNATED ON SAID MAl't AS MONT ARA DRIVE. MARIPOSA DRIVE, ANO NEffiE WAY.
Tl1E CITV OF LOS BANOS SHALL AECONVEY THE PROPERTY TO THE SU BDIVIDER IF THE CITY MAKES A DETERMINATION THAT PURSUANT TO GOVERNMENT CODE SECTION 66477.5 THE SAME PURPOSE FOR WHICH THE PROPERn' WM DEDICATED DOES NOT EXIST.
TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V - PHASE 3, UNIT 4
BEING A SUBDIVISION OF PARCEL J OF TRACT NO. 2021-01,
VOLUME 86 OP, PAGES 28-33, AND PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP, PAGES 18-25 LYING IN A PORTION OF SECTION 21, T, 10 S., R. 10 E., M.D.B.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
OCTOBER 2025
Westwood
PhonA (209) .671,17115 111!15 Sc;enlo Driv1, Sulla A
Moduto, CA &S350
westwoodps.com
Wl'StwoodProfe,slonalServlces,lnc.
WEST PACHECO ROAD
VICINITY MAP
N.T.S.
PLANNING COMMISSION STATEMENT:
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: 2021--01, STONECREEK AT LOS BANOS, THE VILLAGES V • PHASE 3. UNIT 4", ANO THAT THE SUBDIVISION IS
SUBSTANTIALLY THC SAME AS THAT SHCYWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CHY PLANNING COMMISSION ON THE 18TH DAY OF JANUARY, 2022, .a.NO THAT THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V • PHASE 3, UNIT 4-, COMPLIES WITH ALL REQUIREMENTS OF SAID PLANNING COMMISSION.
DATED fHIS OAYOF ___ __ , 202$.
BY:
STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
CITY OF LOS BANOS
SIGNATURE OMISSIONS:
PURSUANT TO SECTION 66436 OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOI..LOW'ING PARTIES HAVE BEEN OMITTED:
1. EXISTING DITCHES ANO RIGHT TO CONSTRUCT DITCHES AS NEEDED IN FAVOR OF MILLER & LUX INCORPORATED PER BOOK 116 D.R. PAGE 438 AND BOOK 142 O.R. PAGE 36. MERCED COUNTY RECORDS.
2. AGR.EE"'1ENT RE: EASEMENTS AND COVENANTS BETWEEN ANDERSON TRUST AND KENNETH A.
SADLER PEA DOCUMENT NO. 2020-021789, MERCED COUNTY RECORDS.
SURVEYOR'S STATEMENT
THIS MAP W/J.$ PREPARED 0Y ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY
MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDMSION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF STONECAEEK PROPERTIES, JN NOVEMBER OF 2021. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO Tr-IE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT ALL THE MONUMENTS SHOWN HEREON WILL BEOF THE CHARACTER AIIIO OCCUPY THE POSITIONS INDICATED ON OR BEFORE JULY 30TH. 2026; ANO THAT SAID MONUMENTS Will. BE SUFFICIENT ro ENABLE THE SURVEY TO BE RETRACED.
DATED THIS DAYOF _ ____ ,2025.
BY: _,,D"'Y,,..LAN= c'°'RA;;;;W"'F"O"'R"o."'P",l".S". n"'aao:--- CITY ENGINEER'S STATEMENT:
I HEREBY STATE TI-IATI t-lAVE EXAMINED THIS ANAi.. MAP OF "TRACT NO: 2021-01, STOOECREEK AT LOS BANOS. THE VILLAGES V • PHASE 3, UNIT 4", AND STATE THAT THE
SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP. AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE CALIFORNIA SUBDIVISION MAP ACT ANO ANY LOCAL OROlNANCE APPLICABLE AT THE TIME or APPROVAL OF THE TENTATIVE MAP, IF AEOUIRED, HAVE BEEN COMPLIED WITH.
DATED THIS DAY OF ___ ___ , 2025.
BY: ___ _
ACTING CITY ENGINEER
CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF -TRACT NO: 2021·01, STONECREEK AT LOS BANOS, THE VILLAGES V • PHASE 3, UNIT 4", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.
DATED THIS DAY OF --- --· 2025.
BY: - AN= Ncc- E"'so"'P""H"' IE""TR"°UO'NC, PLS B998
ACTING CITY SURVEYOR
CITY CLERK'S STATEMENT:
I, LUCILLE L. MALLONEE, CITY CLERK OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, DO
HEREBY STATE THAT AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, HELO ON THI$ __ DAY OF ____ , 2025, THE HEREl,I,/ EMBootEO FINAi.. MMJ ENTITLED "TRACT NO: 2021·01. STONECAEEK AT LOS BANOS, THE VILLAGES V. PHAS!: 3, UNIT 4", WAS APPROVED AIIIO THAT SA)O CITY COUNCIL ACCEPTED ON
BEHALF OF THE PUBLIC FOR PIAJLIC USE, THE OFFER OF DEDICATION IN EASEMENT OF ALL PUBLIC UTn..lTY EASEMENTS (P.U.E.J, THE WALL EASEMENT {W.E.). ALL AS SHOWN ON THIS FINAL MAP: ACCEPTED THE OFFER OF DEDICATION IN FEE OF THE STREET RIGHTS-OF-WAY. ALL AS SHOWN ON THIS FINAL MAP: AND ACCEPTED THE RELINQUISHMENT OF ACCESS RIGHTS OF LOTS 221-248 AND 249, AS SHOWN ON THIS Ft.tAL MAP. SAID APPROVAL IS SUBJECT TO IMPROVEMENTS.
DATED IBIS DAY OF
BY
LUCILLE L. MAl..l.ONEE. CITY CLERK
CITY OF LOS BANOS
2025.
COUNTY RECORDER'S STATEMENT
FILED TI-US DAY OF _____ . 2025, AT O'CLOCK. _M. IN VOl
OF OFFICIAL PLATS, AT PAGES , AT THE REQUEST OF FIRST AMERICAN TITI.E COMPANY.
FEE$
MATTH. MAY, RECORDER
MERCED COUNTY, CALIFORNIA BY:
ASSISTANT/DEPUTY RECORDER
SHEET 1 OF 7
VOL PAGE
61 l
NOTARY STATEMENT OWNER
A NOTARY PUBLIC OR OTHF.R OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTI1Y OF THE INDIVIDUAL WHO SIGNED THE OOCUMENTTO WHICH nns CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF _ _ __ _ l s•
ON = = _____ BEFORE ME, _ ________ A NOTARY PUBLIC,
(DATE)
PERSONALLY APPEARED
~Of SIGNEA(Sl}
WHO PROVED TD ME ON TI-1E BASIS OF SATISFACTORY El/1DENCE TO BE THE PEASON(S) WHOSE NM1E(S) ISfAAE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY
HIS/HER/THEIR SIGNATURE(SJ ON THE INSTRUMENT THE PEASON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CMJFORNlA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORAEC f.
WITNESS MY HAND.
__ , NOTARYPIA3LIC
PRINT NAME:
COMMISSION NUMBER: _ _________ _
COMMISSION EXPIRES: ( DO NOT STAMP)
PRINCIPAL OF'FICE LOCATION (COl...t,ITY): ____ _
NOTARY STATEMENT (TRUSTEE)
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF ____ _ l ss
ON (DATE} ____ BEFORE ME, ____ _ ____ A NOTARY PUBLIC,
PERSONALLY APPEARE --,Nl>M 1GN ER=1=s)) ----------
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY El/I DENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/M~i SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHEITHEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY
HIS/HERITHEIA SIGNATUAE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHlCH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
1 CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORtlllA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY t-tAND.
_ ______________ _ , NOTAAYPOOUC
PRINT NAME
COMMISSION NUMBER:
COMMISSION EXPIRES; _ _________ _ { 00 NOT STAMP)
Pl=IINCIPAL OFFICE LOCATION (CO~TY): ____ _
TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V • PHASE 3, UNIT 4
BEING A SUBDIVISION OF PARCEL J OF TRACT NO. 2021-01,
VOLUME 86 OP, PAGES 28-33, AND PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP, PAGES 18·25 LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
OCTOBER 2025
Westwood
Phong \209} 671-1765 116S Sc1nle Drl~,, S11lta A
ModHto, CA aSl!iO
wHTWoodps.com
Westwood Prof.sdonl S~kff. Inc.
LINE AND CURVE TABLES FOR SHEET 3 ONLY
LINE TABLE LINE TABLE I
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH I CURVE#
l1(A6) NG6"51'21 'W 6620' L18(Fl61 N9°30'51"E 49.97' I Cl l2(RSI N46*56'44'W 2.3r L17(A6) N6°33'31 "E 59.92' c,
L3{A6) N43°03'16"E 110.00· L18(R6) N4"27'54"E 49.94' CJ l4{A6) N46*56'44"W aor ll9{R6) N\ 0 571S"E 50.06'
l5{R6) N40•27'07"E 52.00' l.2()(R6) N0"48'32"'E 60.54'
L6(R6) N40°23'36"E 72.04' l21{R6) N0"30'26"E 50.54'
-- L7{A6) N3&•42'37"E 49.80' L22(RSI NO"DS'CS"E 50.54'
I---- - >-- L8(R6) N34°50'3rE 49.60' L23(R6) N1~59'46"W 225.18' L9(R6) N30°35'39"E 59.38' L24{R6) N3"02'0B"IAI 52.09'
- L\O(R6) N26°21'06"E 49.5Q' L2S{R6) No•t746"E 110.00'
- - ~ --- l11(A6) N23-i6'50"E 59.7T L2<{R61 N613°48'531: 69.68' -- L12(A6) N20"53'37"E 49.93' L27(R7) N66"51'21"W 14.43' L13(RSJ N17~8'21"E 59.84' l2i(R7) N◄ a•s&'◄4 W 51.18'
ll4(RS) Nl4WS4"'E 41:UIS'
L1S(RS) N12"08"12"E 59.85'
RIGHT TO FARM STATEMENT __ _
PEA MERCED COUN1Y ORDINANCE NO. 1213
THE PROPERTY DESCRIBED ON THE HEREON SHO-,.'N MAP IS lN THE VICINITY OF LAND
UTILIZED FOR AGRICULTURAL PURPOSES AND RESIDENTS OF THIS PROPERTY MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT AR181NG FROM THE USE OF AGRICULTURAL
CHEMICALS, INCLUDING BUT NOT LIMITED TO, PESTICIDES ANO FERTILIZERS, AND FROM THE PURSUIT OF AGRICULTURAL OPERATIO\IS INCLUDING, BY NOT LIMITED TO, PL01MNG, SPRAYING ANO BURNING 'NHICH OCCASIONALLY MAY GENERATE OUST, SMOKE. NOISE. ANO ODOR.
THE COUNTY OF MERCED HAS ESTABLISHED AG RIC UL TURE AS A PRIORITY USE IN
AGRICULTURAL ZONES WHICH ARE OUTSIDE OF AN ESTABLISHED SPECIFIC URBAN DEVELOPMENT PLAN (SUDP) BOUNDARY, RURAL RES10ENTIAL. CENTER (ARC) BOUNDARY, HIGHWAY INTERCHANGE CENTER {HIC) BOUNDARY, OR AGRICIJLTUAAL SERVICE CENTER (ASC) BOUNDARY. AND RESIDENTS Of PROPERf'f IN THE VICINITY OF SUCH ACRICUL TURAL
ZONES SHOULD BE PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL, NECESSARY AGRICULTURAL OPERATIONS.
CURVE TABLE
RADIUS DELTA LENGTH
640.00 2•3s•oa· 29.07'
1551.00' 0°11'02· 7.55·
800.00" 19"54'37" 278.00'
RADIAL BEARINGS
LINE" DIRECTION
l(A) N77"04'0S"E
2(R) N57"53'12-W
3(R) N65"30'53"W
4IR) N65G47'55"W I
SHEET 2 OF 7
VOL PAGE
62 I
N
~ 62.5 125 250
SCALE: 1" ,. 125'
LEGEND AND ABBREVIATIONS
SUBDIVISION BOUNDARY LINE
CENTERLINE
EASEMENT LINE - - -
AC ACRES
FD FOUND
IP IRON PIPE-DIAMETER NOTED
(M) MEASURED DISTANCE
(M-B) MONUMENT TO BOUNDARY LINE
(M-M) MONUMENT TO MONUMENT
OP OFFICIAL Pl.ATS
PM PARCEL MAP
M.C.R MERCED COUNTY RECORDS
(A#) REFERENCED RECORD DOCUMENT
(R) RADIAL BEARING
SFN SEARCHED, FOUND NOTHING
(T) TOTAL DISTANCE
W.C. INITNESS CORNER
W.E. WALL EASEMENT
REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
(A1) VOLUME 79 OF OFFICIAL PLATS, PAGES 26-31 M.C.R.
(R2) VOLUME 109 OF PAACa MAPS, PAGES 44-45, M.C.A.
(R3} VOLUME 28 OF SURVEYS, PAGES 9-12, M.C.R.
{R4) VOlUME gg OF PARCEl MAPS, PAGES 9·10, M.C.R.
(RS) VOLUME 29 OF PARCEL UAPS, PAGE 20, M.C.R.
{A6) VOLUME 86 OF OFFICIAL PLATS, PAGES 28-33, M.C.A.
(R7) VOLUME 87 OF OFFICIAL PLATS, PAGES 45-52, M.C.A.
(RB) VOLUME 89 OF OFFICIAL PLATS, PAGES 13-19, M.C.A,
MONUMENT NOTES
• FOUND 3/4" !PW/PLASTIC PLUG 'PLS 7788", UNLESS OTHERWISE NOTED. @ FOUND l/<I" IRON PlPE WI PLASTIC PLUG "PL$ 7788" IN WELL. UNLESS OTHERWISE NOTED.
■ FOUND 3.00' WITNESS CORNER, UNLESS OTHERWISE NOTEO, MEASURED RECORD
OF
SURVEY
16 3-38)
SECTION LINE --
ALONQ LOT LINE, RADIAL LINE OR PERPENDICULAR TO STREET ~ N01~1 ' 10"E
w.oo·
r
d - u£
°' ~ ~
l'ARCEL
(R6)
• _ _!::_:~(R6}(R8)-
N01"01'10''E(A6)
109,40' ,, L20{R6,{R8)
-·urcR<KRB>
j L22(R6)(RB)
"
~ ,;
i ~ i
'.:I
L24(RSHR8)
208 193
207 194
w 206 > 195 a:
Cl
205 0: 196 "' ::;;
204 i.:l 197 Cf)
203 198
202 199
201 200
CENTERLINE AS NOTED. 314' x 24' IRON PIPE WI PLASTIC PLUG "PLS 7768". j i W1/4COANEADFSECTION21 1 ".le 1 16 166l6 16 163 16 '
r~r0314" IP TAGGED "PLS 77~!-~ 17603 ~ 11 "> 231 09{R6) ~ 11 '- N89' 4214"W 1475 45 {T} P.Jvl ------- (R5l
20 -------
DETAIL A NOT TO SCALE
r FOUND 2" IP TAGGED i.s 2402" (R6)
fl-1/d" IP. (3AS20)J
•- __,/
TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V - PHASE 3, UNIT 4
BEING A SUBDIVISCON OF PARCEL J OF TRACT NO. 2021-01,
VOLUME 86 OP, PAGES 28-33, AND PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP. PAGES 18·25 LYING IN A PORTION OF SECTION 21, T. 10 S .. R. 10 E .. M.0.B.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
OCTOBER 2025
Westwood
Phan• (209) 671 -1765 1166 Sconlc Drive, Sull• A
Mode•ta, CA 95350
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Westwood Prof~lonal 5,ervic:,:s, lne:.
NOTES
1. THIS SUBOIVISION CONTAINS A TOTAL OF 9.840ACAES, MORE OR LESS.
2. ALL OISTANCES SHOWN HU!ror,1 ARE GRID DISTANCES, MULTIFLY GRID DISTANCES SHO'NN SY UI000016 TO GET GROUND DISTANCES.
3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
BASIS OF BEARINGS
N89' 54'39"E BEING THE BEARING OFTHe LINE BETVJEEN MERCED COUNTY GPS STATION 1023 AND MERCEOCOUNTY GPS STATION 1024 (A3J. BEARINGS ANO DISTANCES ARE BASED UPON CALIFORNIA
COORDINATE SYSTEM, ZONE 111, NAD 8311986). TO GET GROUND DISTANCES MULTIPLY GRID DISTANCES SHO'NN BY 1.0000016.
~ ,•o~"'-J{- ..-----; - 2 9
r SE CORNEA OF SECTION 20
_,,,.,,.,... ' , / FD3'1.'£RCEDCOUNTY8RASSDISI( ----vt.-_ - _ ______ \!_~B~IOGE(A1)(A4) ___________ N_89~1~'(~R~ ___ • ______ ~ _ __ _ ~-___ _ __ _ _______ _ _ PIONE_!c~R~ _________ _ __ - ,/---- _ _ ----~ {
S 114 CORNER OF SECTION 21
FD 314 IP, LS 4156, IN
MONUMENT WEU., {Rl )(R4)
----®-
GPSSTATION 1023 N=1838037.727 Na9•54'39"E 6510.83'(1'12)(RJ) BASISOFBEAAINGS GPSSTATION 1024 FD2" 0ISK,RCE 15310 E=6447400.646 Fo 2· 01sK RCE 15310 N- 1838047- 846
PER (R3} PEA (R3) ' E-6453911.668 SHEET 3 OF 7
VOL .PAGE
63 RECORD
OF
SURVEY
( 53-38)
::c _ )_
kl lCl
iii':::
<(
LL.
PARCEL F
(R6)
239 / - /
240 /
245
I 246 I
----\ 247 I
248
I
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< t-
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258
257
256
~ 255
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(RB)
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~ 50 100 200
SCALE: 1" - 100'
TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V - PHASE 3, UNIT 4
BEING A SUBDIVISION OF PARCEL J OF TRACT NO. 2021-01,
VOLUME 86 OP, PAGES 28-33, AND PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP, PAGES 18-25 LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E. , M.D.B.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
OCTOBER 2025
Westwood f209)S71-176S 1us Scenic o,1v,, Sult•"-
M~•lo, CA "'350
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LEGEND AND ABBREVIATIONS
SUBOIVIStoN BOUNDARY LINE
CENTERLINE
EASEMENT LINE ------------
- ,;,;;,;;;;;;;rr-;,;-;;;;;;; >>>
RESTRICTED ACCESS
SECTION LINE
LOT LINE
SHEET 4 OF 7
VOL ,PAGE __
64 MONUMENT NOTES
SET 3/4"x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" FOR UNPAVED AREAS OR 1.17' BRASS DISK STAMPED "PLS 7768' FOR CONCRETE AREAS. @) SET 3{4" X 24" IRON PIPE WI PLASTIC PLUG "FLS nss- IN WELL ct SET 3.00' WITNESS COANl:R, UNt.ESS OTHEAW!SE NOTED. MEASURED
ALONG LOT LINE, RADIAL LINE OR PERPENOICULAR TO STREET
CENTERUNE AS NOTED. 314" x 24" IRON PIPE WI PLASTIC ?LUG "PlS n~;. • FOUND 314' lP W/PLASTIC PLUG "PLS 7788", UNLESS OTHERWISE NOTED. @ FOUND l/4' IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN WELL, UNLESS OTHERWISE NOTED.
T SET 3/4" Jt 24" IRON PIPE W/ PLASTIC PlUG 'Pl.S 1788' FOR ALL REAR LOT CORNEAS {l.NIILESS OTHERW1SE ,'\IOTEO). SET 1.17' BRASS 01SK STAMPED "PLS 7788" IN SIDEWALK \ .DO' ON PROPERTY LINE PROJECTION FOR ALL FRONT LOT CORNERS.
):( SET 1.00' WITNESSCORNER, MEASURED ALONG RADLAL LINE OR PERPENOICULAR TO STREET CENTERUNE AS NOTED. 1.17" BRASS OISK STAMPED •ptg77asr FOR CONCRETE ARfASANO 314' • 24" IRON PIPE W/ PLASTIC PLUG 'PLS 7788" FOR ALL UNPAVED AREAS.
■ FOUND 3.00'WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURE□ ALONG LOT LINE, RArnAL LINE 0A PERPENDICULAR TO STREET
CENTERLINE AS NOTED. 314• x 24'" IRON FIPE W/ PLASTIC PLUG "PlS nsa·.
NOTES
I. SEE SHEU 7 FOR LINE ANO CURVE TABLES.
2. SEE SHEET 3 FOR ABBREVIATIONS, BASIS OF BEARINGS, LEGEND AND REFERENCES.
3. ALL DISTANCES SHOWN ARE GfflD 01STANCES, MULTIPt. Y GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DtSTANCES.
4 All DISTANCES ARE MEASURED UNLESS OTHERWISE NOTEO.
5. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET ANO DECIMALS THEREOF.
N88°5TS4"W(R) 11000' 241 \r 1 CSI 242 - cso - ______ _
DETAIL C NOT TO SCALE
f 243 I
cs; cs,---.__
88'59,0"W(R) 1fo~
244
DETAIL D NOTTO SCALE
W1f<t CORNEAOfSECTION21~ FOUNDJ/4" IP TAGGED 'PLS naa· ('61 i
SEEOETAILC
ON THIS SHEET
SEE DETAIL D
ON THIS SHEET
SEE SHEET 6
208
207
206
205
UNIT 3
{RB)
166
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TRACT NO: 2021-01
STONE CREEK AT LOS BANOS
THE VILLAGES V - PHASE 3, UNIT 4
BEING A SUBDIVISION OF PARCEL J OF TRACT NO. 2021-01,
VOLUME 86 OP, PAGES 28-33, AND PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP, PAGES 18-25 LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
OCTOBER 2025
Westwood
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SCALE: 1" • 60'
I_ 25'(M-M) - ®--------- 26'(T) _____ __
-
I
TYPICAL STREET TIE DETAIL NOTTO SCALE
SHEET 5 OF 7
VOL , PAGE
65 MONUMENT NOTES
ser 314" x 24" IRON PtPEW/PlASTIC PLUG "PL$ 77BB" FOR UNPAVED AREAS OR 1.17" BRASS DISK STAW'ED "PlS 7788" FOR CONCRETE AREAS. @ SET 3/4",:24"IRON PIPEWrPt.ASTICPLUG"PLS7788" tNWEtL
<1 SET 3.00' WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURED
ALONG LOT LINE, RACIAL LINE OR PEAPEMDICULAA TO SIBEET
CENTERLINE AS NOTEO. :J/4' x 24" IRON PIPE WI PLASTIC PUJG'PLS 778ff. • FOUND 3/4' IP WIPLASTIC PLUG 'PLS 7788", UNLESS OTHERWISE NOTED. @ FOUND 3/4" IRON PIPE WI PLASTIC PLUG "PLS 7788" IN WELL, UNLESS OTHERWLSE NOTED.
T SET 3/4" .i: 24" !AON PIPE W/ PLASTIC PLUG "?LS 7783" FOR All REAR LOT CORNERS (UNLESS OTHERWISE NOTED}. SET 1.17" BRASS DISK STAMPED "PL.$ 7788" IN SIDEWALK 1.00' ON PROPER1Y LINE PROJECTION FOR ALL FA ONT LOT CORNEAS.
9,625
S.F.
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13,098
S.F.
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TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V - PHASE 3, UNIT 4
BEING A SUBDIVISION OF PAACELJ OF TRACT NO. 2021·01,
VOLUME 86 OP, PAGES 28·33, ANO PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP, PAGES 18-25 LYING IN A PORTION OF SECTION 21, T. 10 S., A. 10 E., M.D.B.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
OCTOBER 2025
Westwood
):( SET 1.00' WITNESS CORt~EA !N SIDEWALK. MEASUAEO .ALONG RADIAL LINE OR PERPENDICULAR ID STREET Cf:NTEAUNE AS NOTED. 1.17" BRASS ~SK STAMPE.a "PLS nae·.
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7,343 Yo/
;: :~ ~~~~ ~ ~g= ;;:,,~~~A~= ~~~~-F BEARINGS, LEGEND ANO REFERENCES. S.F. \ 1 (A)F~-7' ~-
3. ALL DISTANCES SHOWN ARE GRID DISTANCES. MU.. TIPl Y GRIO OISTANCES /.~✓ I SHOWN BY 1.0000016 TO GET GROUND DISTANCES. (l· :: ~~ir:;~~;.~~:~N~~~~:~~~~~i~H~:~1
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SCALE: 1· • 50'
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®--------2~(T) •••••••• -3'
I
I
I
TYPICAL STREET TIE DETAIL NOT TO SCAL_E _ _ _
SEE SHEET 5 SHEET 6 OF 7
VOL ,PAGE
66 LINE AND CURVE TABLES FOR SHEETS 5 AND 6 ONLY
CURVE TABLE ------i CURVE TABLE
CURVE f RADIUS DELTA LENGTH CURVF. # RADIUS DELTA 1.F.NGTH C1 640.00' 4'08'06" 46.1 9' I C21 1449.00' 1"17'47" 32.79' C2 750.00' 4~08'06" 54.13' C22 1551.00' 0°59'11" 26.70' C3 I 640.00' 2'16'22" 25.39' C23 B98.00' 3°07'28" 48.97' ,_ C4 25.00' 29•29'19" 12.87' C24 1449.00' 2"11'04" 55.25' cs 88.00' 8"12'01" 12.3 1' - C25 898.00' 3"07'28" 48.97' C6 750.00" 4~'26" 56.82' C2G 1449.00' 2"10'42'" 55.09'
- C7 86.00' 31"39'12" 47.51' C27 898.00' 3"44'55" 58.75' - ca 1so.oa· 4•3s•1s· ea.cs· C28 1449.00' 2°38'32" 85.1:Hl' C9 88.00' l47"10'19" 220.90' C29 898.00' 0°41 '48" 10.92' c,o 88 .00' 31"36'1S" 47.44' CJO 1339.00' 1•35·24· 38.33' t---+---+-- ,_ I---- c, 1 1so.oo· s•sa•4r 89.62' C3 1 1449.00' 2°07'28" 53.73' - --+----+----j C12 80 .00' 31"36'17" 47.44" C32 13:19.00' 2"31'56" 59.18' >----+----+-- ..___ I----- -+---t------1 C13 1551.00' 1"'07'14" 30.34' C33 1449.oo 2·use· 64.04' - c,.- 86.00' 34"28'13' 51 .74' C34 1339.00' 2"08'38" 49.32' 015 1551,00' 3"58'\0" 107.45' C35 1449.00' 2"08'36" 53.l8' Cl6 86.00' ~19" 14.41' C36 1339.00' ~31'58" 59.18'
C1 7 25.00' 30°58'58" 13.52'
---+----+---+--- C37 1449.00' 2"31'58~ 84.04'
c1a~ 1•42•12·
c19 11ss1.oo· 1°50'08~
c20 I eea.oo· 4•1 n,r
26.70'
- 49.69'
65.65'
C38 1339.00' 2"08'38" 49.32' ---+---t---t - C39 1449.00' 2-06'38" 53.38' r--z.;;- -l---,33- ,-.00- ·+-2•-, -.. ,-, .... 59,18'
--
LINE TABLE LINE TABLE
LINE# OIFIECTIOO LENGTH LINE It DIRECTION LENGTH
L 1 N46•S8'44'W 2.37' L22 N0°48'32"E 60.54'
U N4l 0 22'04"E 71.45' L23 Nl 0 57'15"E 50.06'
U N36°29'50"E 7.60' L24 N4"27'54"'E 49.94'
L-4 N80"32'48"E 79.48' L25 N6"33'31"E 59.92'
LS N43°S0'28'W 19,07' L:26 N9"30'51"E 49,97'
- Ui N80°32'48"'E 91 .23' L27 N12"08'12"E 59.85'
L7 N24°56'0S"E 27.25' L28 N14°33'54"E 49.96'
LB N80"32'4B"E 88.83' L29 N17"2B'21"E 59.84'
- L9 N55°24' t3.....,..i 7 .35' LJO N20"5:rJ7"E 49.93'
LIO N39"36'36"E 12.89' L31 N23"26"50"E 59.77'
L11 N89"42'14'W 78.80' L32 N26"21'06"E 49.59'
L12 N89"42'14"W 73,73' L:13 N30"3S'39"E 59.38'
U3 N3°02'03'W 52,09' L34 N34"50'37"E 49.60'
L14 N49°29'52'W 9.51' L35 N38"42'37"E ---49.60'
LIS N1 °59'4G'W 65.05' L36 N40°23'30"E 72,04' --l-----+---~ Ll6 N89"42' 14"W 72.22' L37 N40"27'07"E 52.00' -- L17 N1"59'46"W 50.04' LJ8 N1~1'10"E 109.40'
L18 N1 "59'48"'W BO.OS' L30 N41 "22'04"E 36.59'
L40 N46"5G'44"W 2.37' I - L19 N1'59'46'W 50.04'
L20 NO"OS'OS"E 50.54' L41 N46°56'44"W 51.18'
l21 N0"30'26"E 50.54'
--~--~-
CURVE TABLE
CURVE# I RADIUS DELTA
C41 1449.00' 2°31'56"
C42 1339.00' 2°06'38"
C43 1449.0D' 2"06'38"
C44 1339.00' 2"32'11"
C45 ,449.00' 2"32'11"
C46 1339.0D' 2°06'38"
C47 1-449.00' 2-06'38"
C48 ' 1339.00' 2°08'38"
C49 1-449.00' 2"06'38"
cso 1339.02' o•oo·se·
C51 1448.98' 0"00'56"
'--'-
CS2 1789.01' 0°00'40"
CS3 1898.95' 0°00'40"
CS4 1789.00' 1°54'06"
LENGTH
64.04'
49.32'
53.38'
59.27'
84,14'
40.32'
53.38'
49.32'
53,38'
-0.36'
0.39'
0.35'
-
0,3T
59,40'
CURVE TABLE I
CURVE# RADIUS DEL TA LENGTH
C61 l 1899.00' 1'"35'08" 52.55' J C62 1789.00' 1•S2"5Z- 58.73' C63 570.00' 1°24'33" 14.02'
C64 1899.00' 1°39'11" 54.79'
- C65 525.00" 4"53'33" 44A1'
C66 525,00' 4•51'24" 44.50'
C87 1789.00' 2•42•12· 84 .41'
CG& 1ags.oo· 1"26'31" 47.79'
C69 1899.oo· 2°02"12· 67.so·
C71 1737.00' 3"23'02" 102.59'
en 1731.00· 1•5a•os· 59.56'
C73 551.00' 1•42'13" 16.38'
C74 1737.00' 1°39'3 1" 50.28'
l---+----1 CSS 1899.00' 1"54'0B"
cs7 1899.00' 1•3s•oa·
csa 11ao.oo· 1•54·oe" --
C59 1899.00' 1"54'08"
C60 1789.00' 1"35'08"
RADIAL BEARINGS
~
LINE# DIRECTION
1(R) --
N36"38'49"E
2(AI N66-06'08"E
J{R) Nsrse·o1"E
- - 4(R) N29°59'26"E
- S(R) N27"46'54"E
S(R) N65°47'5S"'W
7{R) N64"40'40"VII
8(R) N71 "23'52iN
9(A) N81 '02' 11"W
101A) NS0°03'13"W
1i(AJ N51 "45'25-W
12(A) N57"53'12"\\I
- 13(A) N59°10'59"W
-14(AJ N61"22'03"W
-15{A) N63°32'45-W
1e(AJ N66"09'17"W
17(Al N66°38'22"W
'--'--
18(A) N66' J8'22"W
63,05' ___
C75 1737.00' 1°59'05" 50,17' ..:....-l---l--......j
49.51 '
52,55'
59.40'
-
63.05'
49.51'
RADIAL BEARINGS
LINE# DIR ECTION
19(R) N66"38'22'W
20\R) N31 "09'21"E
21(A) N89°36'18"'N
-
22(R) -N88"43'40"E
- ~-- 23(R) N87"04'37"E
:?4(R) N85"05'32"E
25(R) N83°26'02"E
26(AJ N81"27"S7"E
- 27(R) N1"24'27'W
28!R) N82'09:'07"E
29(R) S8•02·3g"E
- -
30(A) N4"33'38-W
J1(R) N60'251'05''E
'21RI N79°1 1'33"E
33(A) N78'56'30"E
34(A) N75'48'31"E
35(RJ N76"01'37"E
C76 17:17,00' 1•39•03• SO.OS'
C77 1737.00' 1°.1110·02· 50.S5'
C78 1737.00' 0"37'28" 18.93'
C79 1287.00' 1•39·31• 37,26'
C80 1287.00' ~ •25•40• 54.54'
RADIAL BEARINGS
- LINEfl DIRECTION
37(R) N77"04'05"E
38{R) N78°30'36"E
3'-(R) N82"22'47"E
40(R) N84°53'38"VV'
- '- - 36(R) N76°14' 19"E
CURVE TABLE
CUR VE# RADIUS DEL TA LENGTH
Cfll 1287.00' 2"54'31" 65,33'
C82 1287.00' 2°25'40" 54.54'
- CB3 1287.00' 2°54'31" 65.33'
C84 1287.00' 2•25·40" 54.S4'
C85 1287.00' 2°54'31 " 65.33'
- C86 1287.00' 2•2S'40" 54.54'
C87 1287.00' 2°14'43" 50.43'
CBS 846.00' 1'03'37" 1
-
5.66'
j C89 646.00' 3"51'40" 57.01'
..,_::"__ _ .._,_.oo_· +-'-''_,._,,_. +--'"-·'-"--1 C91 846.00' 57.03' C92 648.00' 3"51'44" 57.03' ---l----1
___ C93 .__ 845.00' 0"44'14" 10.89'
C94 17.00 79"4T 16" 23.67'
---
C95 588,00' 9"17'46" 95.40'
C96
C97
c,e
640.00· 3•4a•15· 42.SO'
614.00' I 1s• 1a·22· 163.67'
614
~
,00' 12"40'13" 135.78'
---
'S
M1'P.\1'05A QP,\\IE
TRACT NO: 2021-01
STONECREEK AT LOS BANOS
THE VILLAGES V - PHASE 3, UNIT 4
BEING A SUBDIVISION OF PARCEL J OF TRACT NO. 2021-D1,
VOLUME 86 OP, PAGES 28-33, AND PARCEL 1 OF TRACT NO.
2021-01, VOLUME 87 OP, PAGES 18-25 LYING IN A PORTION OF \
\
SECTION 21, T. 10S., R. 10 E., M.O.8.&M.
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA OCTOBER 2025
Westwood
Phon, {2011)571•1765 111S&901111100rlv1,Sull•A
Modo41o, CA 95350
stwoodps.com
W"twood Protenional S•Nlcu, Inc.
NOTES
I. SEE SHEET 3 FOR AB8REVIATIONS, BASIS OF BEARINGS, LEGEOO AMO REFERENCES.
2. ALL DISTANCES SHOWN ARE GRID DISTANCES, MUlTIPLY GRIO DISTANCES Sf.lOWN BY 1.0000016 TO GET GROUND DISTANCES. 3, ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
4. DISTANCES /INC DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
I
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I
251
L ___ __ _ •_j 0
'~-() --'-"'~'---- \_ >71~l •
\
\ (---·
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\ 250
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DETAIL B
NOTTOSCALE SHEET 7 OF 7
VOL , PAGE
67 Site Map: Villages V Phase 3, Unit 4
THIS PAGE IS INTENTIONALLY LEFT BLANK
68 69
Recording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 Space above this line for Recorder's use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 3rd day of December, 2025, between ANDERSON HOMES, a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No 2021-01 Stonecreek at Los Banos, The Villages V Phase 3, Unit 4, comprised of 51 lots on 9.84± 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 Subdivision Improvement Agreement FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
70 and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ____ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2021-01.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
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 December 2027, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph 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;
TOTAL IMPROVEMENTS:
1. SITEPREPARATION $ 36,980.00
2. WATER $ 283,535.00
3. SANITARYSEWER $ 219,600.00
4. STORM DRAINAGE $ 181,500.00
5. CONCRETE $ 230,680.00
6. PAVING $ 261,023.40
7. ELECTROLIERS $ 71,500.00
8. MISCELLANEOUS $ 7,885.00
TOTAL $ 1,292,703.40
Subdivision Improvement Agreement 2 FINAL TRACT MAP#2021-0l THE VILLAGES V PHASE 3, UN1T 4
71 REMAINING IMPROVEMENTS:
1. SITE PREPARATION $ -0-
2. WATER $ -0-
3. SANITARY SEWER $ -0-
4. STORM DRAINAGE $ -0-
5. CONCRETE $ -0-
6. PAVING $ -0-
7. ELECTROLIERS $ 71,500.00
8. MISCELLANEOUS $ 7.135.00
TOTAL $ 79,385.00
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%, $79,385.00 and Labor and Materials at 50%, $39,692.50 and prior to the release of other security, for Warranty and Guarantee at 10% of total improvements in the amount of $129,270.34 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, §66496 per of the Government Code.
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.
FINAL MAP REVIEW
Charges for Final Map Review
Less: Deposit for Map Review (Check# 165614)
SUB-TOTAL
Less: Deposit for Map Review (Check# 171479)
TOTAL
$
$
$
$
6,604.13
(2,000.00)
4 604.13
(4,604.13)
$ -0-
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $1,292,703.40 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.
5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Subdivision Improvement Agreement 3 FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
72 Tentative Tract Map 2021-01. All public improvements and utilities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service 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 Subdivision Improvement Agreement 4 FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
73 design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, 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 ofDEVELOPER(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 Subdivision Improvement Agreement 5 FINAL TRACT MAP #2021-01 THE VILLAGES VPHASE3, UNIT4
74 have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY.
Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those Subdivision Improvement Agreement 6 FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
75 of independent contractors.
20. That the applicant furnishes the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.
21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map 2021-01 prior to acceptance of public improvements or final of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
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 2012-01, and the conditions of approval for said tentative map, (attached herein as Exhibit "B"), in the development of this Subdivision.
26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.
27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this Subdivision Improvement Agreement 7 FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
76 AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
[Signature Page Follows]
Subdivision Improvement Agreement 8 FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
77 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
ANDERSON HOMES
A California Corporation
~ ~ ~ l.v /,.( 2.e 4uq,. Whldron, Vice President
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
Michael S. Amabile, Mayor
PARTIES OF THE SECOND PART
Signatures need to be notarized. Attach a Notary Acknowledgement.
Subdivision Improvement Agreement 9 FINAL TRACT MAP #2021-01 THE VILLAGES V PHASE 3, UNIT 4
78 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of _$_~_ r1 __ ~_e_t1_it{) _ _ __ _
On Norem lxr Co , 207b before me, _ t_~t~"~~- N~ - Tt _ an~o-~~, ~N_owi _ ry~Pu- ~-----'lic=--~ Dote Here Insert Name and Title of the Officer
personally appeared ------~-«&1 - ·_nt,,_~w- ~~ld~ tv_n ___ _________ _ Nomel5) of Signer(Bf
who proved to me on the basis of satisfactory evidence to~ the person~ whose name'8'@a-Fe subscribed to the within instrument and acknowledged to me that .!:le~ executed the same in~ authorized capacity~. and that by~~ signature~ on the instrument the person£81, or the entity upon behalf of which the personjg'f acted, executed the instrument.
ERYKA N.
0 TEMORES ~ COMM.# 2412899 1n
NOTARY PUBLIC -CALIFORNIA VJ
SAN BENITO COUNTY -
V COMM. EXP. AUG. H. 2025 f
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal and/or Stamp Above
s;gnature [~ YI . ~
Signature~
OPTIONAL
Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document: S.Vt:~;:h~iS,joll\ lmpvtwr,,VJ'()t;;f A::jiu,mci-Gt DocumentDate: Nl)V · l&f , 202-E::> Number of Pages: _ __ _ Signer(s) Other Than Named ~bove: ~ i ci1t11d ~ . -Aro0 0· jc, ; Wei II e, L. ~ OJ II On ce..- Capacity(ies) Claime~ by Signer(~)
Sig_ner's Name: fl<P1-11,1g W11tla 1-'VVl
!!"'Corporate Offic;; 1fTitle"8j: Vi Cl &sc'tkrb{-
□ Partner - D Limited D General
D Individual
o Trustee
D Other:
D Attorney in Fact
□ Guardian or Conservator
Signer is Representing: _______ _ _ _
Signer's Name: ------ - ---=,,--
□ Corporate Officer - Title(s):~.......,:::::;,_ _ _ _ _ _ □ Partner - □ Limited eneral
□ Attorney in Fact
□ Guardian or Conservator
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©2019 National Notary Association
79 Exhibit A: Cost Estimate
Westwood OPINION OF PROBABLE COST
Project name: Villages V - Phase 3, Unit 4 - 51 Residential Lots Project progress stage: Construction
ITEM DESCRIPTION UNIT QUANT. UNIT COST
A. SITE PREPARATION
SITE CLEARING AC 9.8 $600.00
GRADING/EARTHWORK CY 4,750 $5.00
EROSION CONTROL AC 9.8 $750.00
SUB-TOTAL
B. WATER
1 2" IRRIGATION MAIN LF 55 $40.00
2 2" WATER METER EA 1 S8,000.00
3 10" WATER MAIN LF 1,915 $69.00
4 10"GATE VALVE EA 6 $2,900.00
5 12" WATER MAIN LF 120 $85.00
6 12"GATE VALVE EA $3,700.00
7 WATER LATERAL EA 21 $1 900.00
8 HYDRANT, BURY & GATE VALVE EA 7 $10 000.00
SUB-TOTAL
C. SANITARY SEWER
1 6" SEWER MAIN LF 310 $50.00
2 8" SEWER MAIN LF 1,310 $60.00
3 STD. SEWER MANHOLE EA 6 $3,700.00
5 4" STD. LATERAL EA 51 $2,000.00
6 CONNECT TO EX. SEWER MAIN EA 2 $650.00
SUB-TOTAL
O. STORM DRAINAGE
128 STORM DRAIN LF 310 $60,00
15" STORM DRAIN LF 1,045 $65.00
18" STORM DRAIN LF 125 $75.00
STD. MANHOLE EA $4,000.00
CATCH BASIN EA $3.700.00
CCID INLET EA 1 $40 000.00
SUB-TOTAL
E. CONCRETE
1 5" ROLLED CURB & GUTTER LF 235 $22.00
2 6" VERTICAL CURB & GUTTER (INCL. RETURNS) LF 3,255 $26.00 3 6" CONCRETE (INCL. SIDEWALK RAMPS & RETURNS) SF 17,005 $6.00 4 ADA RAMPS LABOR ONLY EA 4 $500.00
5 DRIVEWAYS EA 44 $750.00
6 6" VERTICAL CURB LF 175 $22.00
SUB-TOTAL
F. PAVING
2.5" AC OVER 10.5" AB SF 44,635 $4.54
3" AC OVER 13" AB SF 9 895 $5,90
SUB-TOTAL
G. ELECTROLIERS
25' DECORATIVE STREETLIGHT EA 11 $6 500.00
SUB-TOTAL
H. MISCELLANEOUS
MONUMENT WELLS EA 8 $400.00
SIGNAGE EA 4 $350.00
STOP AND STOP BAR STRIPING EA 3 $375.00
BARRIER LF 80 $27.00
SUB-TOTAL
Civil Construction-·Total
10% CONTINGENCY
GRAND TOTAL
Notes:
1. This estimate does not include surveying or engineering.
2. This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated with the utility poles.
3. This estimate does not include cost for irrigation ditch removal, relocation, or pipe lining.
4. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other vartable factors associated with earthwork:.
5. Items not included as part of this estimate.
A. Existing Irrigation Facility Demolition G. Power Pole Relocation e. Permits H. Construction Surveying
C. Utility Fees I. Easement Acquisitions
0 . City Fees, Bond Fees J. Joint Trench (Dr; Utilities) E. Engineering/Design Fees K. Tree Removal
F. Soils Engineering Cost L. Mail Boxes
Los Banos, CA
10/14/2025
AMOUNT
$5,880.00
$23,750.00
$7 350.00
$36,980.00
$2.200.00
$8,000.00
$132,135.00
$17,400.00
$10,200.00
$3,700.00
$39 900.00
$70 000.00
$283,535.00
$15,500.00
$78,600.00
$22,200.00
$102,000.00
$1 ,300.00
$219,600.00
$18,600.00
$67,925.00
$9,375.00
$16,000.00
$29,600.00
S40000.00
$181 ,500.00
$5,170.00
$84,630.00
$102,0lO.OO
$2,000.00
$33,000.00
$3 850.00
$230,680.00
$202,642.90
$58 380.50
$261,023.40
$71 500.00
$71,500.00
$3,200.00
$1 ,400.00
$1 ,125.00
$2,160.00
$7,885.00
$1,292,icfa:40
$129,270.34
$1,421,973.74
100% PERFORMANCE 50% PAYMENT 10% WARRANTY
SECURITY SECURITY LABOR SECURITY % Complete &MATERIAL
100% $0.00 $0.00 $588.00
100% $0.00 $0.00 $2,375.00
100% $0.00 $0.00 1735.00
$0.00 $0.00 $3,698.00
100% SO.OD $0.00 $220.00
100% $0.00 $0.00 $800.00
100% $0.00 $0,00 $13,213.50
100% $0.00 SO.DO $1 ,740.00
100% $0.00 SO.OD $1,020.00
100% $0.00 $0.00 $370.00
100% $0.00 $0.00 S3 990.00
100% $0.00 SO.OD $7,000.00
SO.OD $0.00 $28,353.50
100% $0.00 $0.00 $1,550.00
100% $0.00 $0.00 $7,860.00
100% $0,00 $0.00 $2,220.00
100% $0.00 $0.00 $10,200.00
100% $0.00 $0.00 1130.00
$0.00 $0.00 $21,960.00
100% $0.00 $0.00 $1 ,860.00
100% $0.00 $0.00 $6,792.50
100% $0.00 $0.00 $937.50
100% $0.00 $0.00 $1,6-00.00
100% $0.00 $0.00 $2,960.00
100% $0.00 $0.00 $4 000.00
$0.00 $0.00 $18,150.00
100% $0.00 $0.00 $517.00
100% $0.00 $0.00 $8,463.00
100% $0.00 $0.00 $10,203.00
100% $0.00 $0.00 $200.00
100% $0.00 SO.OD $3,300.00
100% $0.00 $0.00 $385.00
$0.00 $0.00 $23,068.00
100% $0.00 $0.00 $20,264.29
100% $0.00 $0.00 $5 838.05
$0.00 $0.00 $26,102.34
0% $71 500.00 $35,750.00 $7 150.00
$71,500.00 $35,750.00 $7,150.00
0% $3,200.00 $1,600.00 $320.00
0% $1 ,400.00 $700.00 $140.00
0% $1 ,125.00 $562.50 $112.50
0% $2,160.00 $1,080.00 $216.00
$7,885.00 $3,942.50 $788.50
$79,385.00 $39,692.50 $129,270.34
p:209.571.1765 I f:209.571.2466 Probable Cost Estimate
Modesto OffiCfl: 1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellenglneerlng.cam O'Dell Engineering 80 EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2021-01 -
QUAIL MEADOWS VILLAGES AT STONECREEK V
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map.
2. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a Community Facilities District created for the purposes of funding public safety, as authorized by Government Code Section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.
3. Prior to approval of any Final Map, the Developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution.
The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.
4. The project shall be subject to and the Developer shall pay development impact fees enacted by the City, including scheduled or periodic increases as provided for in the adopting ordinance or resolutions in effect at the time of the Developer's request for the issuance of a building permit and/or as included in the Subdivision Improvement Agreement.
81 5. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.
6. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code.
7. All development shall be consistent with the Vesting Tentative Tract Map #2021-01 and approved Final Development Plan #2021-01, reflecting any amendments added during approval.
8. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
9. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
10. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
11 . A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.
12. A Final Map Guarantee shall be prepared and provided to the County Recorder.
13. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.
14. Developer shall include a Public Utility Easement of ten (10) feet along all road frontages.
15. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.
82 16. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2021-01.
17. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: "The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."
18. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.
19. On-site improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.
20. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department. The developer shall enter into a subdivision improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.
21. The project is subject to the appropriate Development Impact Fees as established by the City.
22. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.
23. The applicant shall obtain City approval in advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.
24. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.
83 25. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.
26. Building permits will be issued in accordance with City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.
27. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.
28. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer.
29. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
30. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.
31. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.
32. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
33. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:
If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be 84 significant, appropriate mitigation measures shall be formulated and implemented.
34. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.S(e):
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Pre-Construction and Construction
32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours.
This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Director.
85 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 rightofway of designated access roads; 86 c. Silt fencing installed in accordance with the American Society for Testing and Materials standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
41. Where standard corner lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.
42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.
43. Masonry walls shall be decorative and in conformance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls except for the masonry wall along the Pacheco/ Pioneer Connector Road.
44. The developer shall install a decorative masonry wall along the eastern right-of-way of the Pacheco/Pioneer Connector as approved by the Community and Economic Development Director and Public Works Director.
Air Quality:
45. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
87 46. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.
47. Natural gas line and electrical outlets shall be included in the backyard or patio areas of residences to encourage the use of gas and/or electric barbecues.
48. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.
49. Only low emitting, EPA approved fireplace inserts and/or wood stoves or natural gas fireplaces shall be installed. No open hearth fireplaces shall be allowed.
50. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District.
Developer shall prepare an air emissions reduction if required.
Access and Circulation:
51. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF).
52. Half-street sections will not be permitted in the construction of VTTM #2021-
01. 53. All bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.
54. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted.
55. Improvements to arterials and collector streets shall be completed prior to occupancy of any use within each phase as shown on the improvement plans, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.
56. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.
57. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City and/or Caltrans standards.
88 58. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
59. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
60. Prior to Final Map approval, the developer shall have a Traffic Engineer design traffic calming measures throughout the project area to be approved by the Public Works Director/City Engineer. Traffic calming measures may include, but are not limited to, raised intersections, stop signs, varied cross sections, solar speed limit radars, and roundabouts to be installed by the developer.
Utilities:
61. The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan review stage.
62. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
63. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
64. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
65. Where the invert is six feet or greater below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground utility lines.
66. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare into oncoming traffic. Streetlight locations shall be shown on Improvement Plans. Developer shall utilize decorative streetlights, as approved in Final 89 Water:
Sewer:
Development Plan, meeting the illumination standards required in the City street light standards, except that cobra-head streetlights shall be used on arterial streets.
67. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
68. Approved backflow devices shall be installed as required.
69. Domestic water services shall not be placed in driveways.
70. Prior to recordation of a Final Map, certification shall be obtained by the Central California Irrigation District that the property has beeri detached from CCID, or that remaining CCID lines will be intact or rerouted to the satisfaction of CCID.
71. The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.
72. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.
Storm Drainage:
73. Final Improvement Plans for the storm drainage system shall utilize the TR55 analysis method.
7 4. All development shall comply with the Phase 11 storm water regulations.
75. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
76. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP) for pre and post construction best management practices (BMPs).
A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources. 90 Public Safety:
77. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
78. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards.
79. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
80. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
81 . The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.
82. Fire hydrants (or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. Fire hydrants (or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.
83. Street names shall be approved by the Fire Department.
84. Driveway approaches, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.
85. Upon completion and approval of the project plans, developer shall submit an electronic file, via email or file sharing service (i.e. Dropbox) to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
86. In accordance with the Stonecreek Area Plan and the Stonecreek Area Plan EIR, developer shall dedicate Lot Bas shown on the Vesting Tentative Tract Map (VTTM #2021-01 ), consisting of 1.4 acres, to the City of Los Banos to be used for Fire Station #4, which will be constructed by the City of Los Banos. The parties shall take all reasonable and necessary steps and actions to satisfy this condition within a reasonable time after the approval of the Vesting Tentative Tract Map (VTTM #2021-01) and Development Agreement. The dedication shall be completed with the recording of the final map for the phase containing Lot B.
91 Landscaping:
Parks:
87. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building permit issuance and shall be approved by the City Engineer and Community and Economic Development Director.
88. Draught tolerant planting may replace front yard turf as approved by the Community and Economic Development Department and Public Works Department.
89. The developer shall comply with the adopted street tree ordinance.
90. Masonry walls shall be landscaped with vines to discourage graffiti. 91 . The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
92. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. Irrigation systems shall be set to minimize water use and spillage onto paved areas.
93. Landscape plans shall be designed in accordance with any adopted revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and/or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.
94. The developer shall provide an Irrevocable Offer of Dedication (IOD) for Lot F as shown on the Vesting Tentative Map (VTTM #2021-01 ), consisting of 10,836 square feet for future development of a neighborhood park.
95. A Park Dedication and Parks and Recreation Impact Fee shall be paid with each building permit for the development of new recreational facilities in Los Banos.
Notice: This approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government code sections 66000 et seq.) This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act. 92 ~
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TENTATIVE
GRADING&
UTILITIES
OCS!CNtCl: M?
- · ...
CAI{: l l/~(202 1
31111
SHEET NO.
2 OF
_ ~ o~.~eiu, ~ ._ ________________________________________________________ ._, .. _,_. ._ .. _,,_. ___________________________ _, 2
THIS PAGE IS INTENTIONALLY LEFT BLANK
94 95
ITEM 7F
TO:
FROM:
DATE:
LOsBanos
At ihe Crossroads of California
Agenda Staff Report
Mayor Amabile and City Council Members
Minerva Moreno, Finance Director rl
December 3, 2025
SUBJECT: Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2021 and 2020
TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that Council adopt a Resolution accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2021 and 2020 as prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) auditors.
Background:
The Transportation Development Act (TOA) is a California state law enacted in 1971. TDA funds are generated from a one-quarter of one percent sales tax on all retail transactions within each county. These funds are designated to support public transit, specialized transit services for individuals with disabilities, and bicycle and pedestrian infrastructure.
TOA revenues are collected by the State and allocated by the Merced County Association of Governments (MCAG) to support local transit operations and related programs. In nonurban areas, and under specific conditions, TOA funds may also be used for streets and roads.
As the designated Regional Transportation Planning Agency (RTPA), the MCAG Governing Board oversees the distribution of these funds. Each year, the Board approves the apportionment schedule for Local Transportation Fund (L TF) monies through a formal resolution.
The City of Los Banos is an annual recipient of TOA funding to support its transportation services and infrastructure.
96 Discussion:
As a recipient of Transportation Development Act (TOA) funds-including Local Transportation Fund (L TF) and State Transit Assistance (STA) allocations-the City is required by State statute to undergo an independent financial audit. MCAG, as the regional funder responsible for passing through these funds to each jurisdiction in the County, is also expected to provide oversight to ensure compliance with these audit requirements.
For the fiscal year ending June 30, 2021 and 2020, the City of Los Banos fulfilled this requirement in coordination with Price Paige & Company (Price Paige), who conducted and finalized the Financial Report. The audit concluded with no reported risks or findings.
To address a misstatement, management recorded an adjusting entry to resolve a timing discrepancy associated with fourth-quarter revenue recognition in the amount of $22,997.
However, it is important to acknowledge that both MCAG and the City did not meet their respective obligations to initiate and complete the audit process in a timely manner for 2017-2024.
To address this gap, MCAG has since taken a more proactive role. Although audit compliance is traditionally the responsibility of each individual city, MCAG has contracted with Price Paige to conduct audits for all jurisdictions in the County from fiscal year 2017 through 2024 and potentially beyond. This coordinated effort is intended to ensure that all audit requirements are met moving forward and that every entity is brought current with their statutory obligations. As each financial report is finalized and received, the Finance Department will present them to Council for acceptance. This is the fifth of eight Financial Statements that has been completed and presented to the Council.
Fiscal Impact:
There is no fiscal impact to the City, as MCAG will be covering all costs associated with these audits.
Reviewed by:
Soknirorn Than, City Manager
Attachments:
Resolution
Transportation Development Act Funds Financial Statements ending June 30, 2021 and 2020
97 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING THE
TRANSPORTATION DEVELOPMENT ACT
FUNDS FINANCIAL STATEMENT FOR THE
YEARS ENDED JUNE 30, 2021 AND 2020.
WHEREAS, the City of Los Banos collaborated with the Merced County Association of Governments and its designated auditing firm, Price Paige & Company, to conduct an audit of Transportation Development Act (TOA) funds received for the Years Ended June 30, 2021 and 2020; and WHEREAS, Price Paige & Company has completed the audit and reported no findings or areas of concern; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby accepts the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2021 and 2020, as presented by Price Paige & Company.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of December 2025, by Council Member _____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
98 Transportation Development Act Funds
Non-Transit Operations
City of Los Banos I CA
Financial Statements
For the Years Ended June 30, 2021 and 2020
liiJI PRICE PAIGE & COMPANY 11!1 Certified Public Accountants 99 TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEARS ENDED JUNE 30, 2021 AND 2020 Financial Statements
TABLE OF CONTENTS
PAGE
Independent Auditor's Report ................................................. ........... ............................ .................................................... 1 Financial Statements:
Article 8 Streets and Roads:
Balance Sheets ............ ................................................................................. ................................................................. 5 Statements of Revenues, Expenditures and Changes in Fund Balance .. ....................................................................... 6 Notes to the Financial Statements .. ......................................................................... ...... ....................... .. ............................. 8 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and the Rules and Regulations of the Transportation Development Act. .............................................................. .. ........................ ..... 10 Findings and Questioned Costs:
Schedule of Findings and Questioned Costs ...................................................................................................................... 13 Summary Schedule of Prior Audit Findings ............................................. ................................................. ......... ................. 14 100
li1 PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
INDEPENDENT AUDITOR'S REPORT
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, california
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the Merced County Association of Governments' passthrough Transportation Development Act Funds (TOA Funds) of the City of Los Banos, California (the City), as of and for the years ended June 30, 2021 and 2020, and the related notes to the financial statements, which collectively comprise the TDA Funds of the City's financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the TDA Funds of the City, as of June 30, 2021 and 2020, and the respective changes in financial position thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As discussed in Note 1, the financial statements of the TDA Funds of the City are intended to present the financial position and the changes in financial position of only that portion of the TDA Funds of the City that is attributable to the transactions related to the Merced County Association of Governments' pass-through TDA Funds. They do not purport to, and do not present fairly the financial position of the City as of June 30, 2021 and 2020, or the changes in its financial position for the years then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. 1 570 N. Magnolia Avenue, Suite I 00
Clovis, CA 9361 I
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
101
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control as it relates to TOA Funds. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Management has omitted the management's discussion and analysis and budgetary comparison information that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information. 2 102
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 24, 2025, on our consideration of the City's internal control over financial reporting as it relates to the TDA Funds, and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance as it relates to the TDA Funds.
Clovis, California
November 24, 2025
3 103
FINANCIAL STATEMENTS
4 104
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2021 AND 2020
Article 8 Streets and Roads
Balance Sheets
ASSETS
Cash and investments
Intergovernmental receivable
Interest receivable
Total assets
LIABILITIES
FUND BALANCE
Restricted
Total fund balance
Total liabilities and fund balance
2021
$ 411,918 $
157
$ 412,075 $
$ - $
412,075
412,075
$ 412,075 $
The notes to the financial statements are an integral part of this statement. 5 2020
346,787
22,997
705
370,489
370,489
370,489
370,489
105
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEARS ENDED JUNE 30, 2021 AND 2020 Article 8 Streets and Roads
Statements of Revenues, Expenditures and Changes in Fund Balance 2021
REVENUES
Intergovernmental allocations $ 41,320 $
Interest revenue 266
Total revenues 41,586
EXPENDITURES
Net change in fund balance 41,586
Fund balance - beginning 370,489
Fund balance - ending $ 412,075 $
The notes to the financial statements are an integral part of this statement. 6 2020
91,987
5,257
97,244
97,244
273,245
370,489
106
NOTES TO THE FINANCIAL STATEMENTS
7 107
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2021 AND 2020
Notes to the Financial Statements
NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City) have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The financial statements presented are only from the accounts and financial transactions of the TOA Funds of the City. Accordingly, they do not present the financial position or the results of operations of the City. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The City's significant accounting policies are described below.
A. Basis of Accounting
The City uses fund accounting to report on its financial position and the results of its operations. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities.
The operations of the TDA Funds of the City are accounted for in a separate set of self-balancing accounts that comprise the funds' assets, liabilities, fund balance, revenues and expenditures.
The TDA Funds allocated for non-transit operations purposes are accounted for in the City's Local Transportation Fund, a special revenue fund type within the governmental category using the modified accrual basis of accounting whereby revenues are recognized when they become measurable and available, and expenditures are recognized when the liabilities are incurred.
Intergovernmental revenues (primarily grants and subventions), which are received as reimbursement for specific purposes or projects, are recognized based upon the expenditures recorded. Intergovernmental revenues, which are usually unrestricted as to use are revocable only for failure to meet prescribed compliance requirements, and are reflected as revenues at the time of receipt or earlier, if they meet the availability criterion.
B. Fund Balance Classification
The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows:
Nonspendable - Amounts cannot be spent either because they are in nonspendable form (such as inventory or prepaid expense, and long-term loans and notes receivable) or because they are legally or contractually required to be maintained intact (such as principal of a permanent fund).
Restricted - Amounts with external constraints placed on the use of these resources (such as debt covenants, grantors, contributors, or laws or regulations of other governments, etc.) or imposed by law through constitutional provisions or enabling legislation.
Committed - Amounts that can only be used for specific purposes pursuant to constraints imposed by City Council, the City's highest level of decision-making authority, through an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified uses through the same type of formal action taken to establish the commitment. 8 108
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2021 AND 2020
Notes to the Financial Statements
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Fund Balance Classification (Continued)
Assigned - Amounts that do not meet the criteria to be classified as restricted or committed but that are intended to be used for specific purposes. Intent is expressed by the City Council or its designee and may be changed at the discretion of the City Council or its designee. For all governmental funds other than the General Fund, any remaining positive amounts not classified as nonspendable, restricted or committed must be designated as assigned fund balance.
Unassigned - This classification includes amounts that have not been assigned to other funds or restricted, committed or assigned to a specific purpose within the City.
The City would typically use restricted fund balances first, followed by committed resources, and then assigned resources, as appropriate opportunities arise, but reserves the right to selectively spend unassigned resources first to deter the use of these other classified funds.
NOTE 2 - CASH AND INVESTMENTS
Cash is pooled with the City's cash and investments. Income from the investment of pooled cash is allocated based upon the actual balance of the fund as a percentage of the total pooled cash balance. The City values all of its cash and investments at fair value on a portfolio basis. The City manages its pooled idle cash and investments under a formal investment policy that is adopted and reviewed by the City, and that follows the guidelines of the State of California Government Code.
City-wide information concerning cash and investments for the years ended June 30, 2021 and 2020, including authorized investments, custodial credit risk and interest rate risk for debt securities and concentration of investments, carrying amount and market value of deposits and investments, may be found in the notes of the City's annual financial report. 9 109
PRICE PAIGE & COMPANY
Certified Public Accountants
To the City Council
The Place to Be
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AND THE
RULES AND REGULATIONS OF THE TRANSPORTATION DEVELOPMENT ACT City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TOA Funds) of the City of Los Banos, California (the City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City's TDA Funds financial statements, and have issued our report thereon dated November 24, 2025.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control), as it relates to the TDA Funds, as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the TDA Funds of the City's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies.
Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. -10
570 N. Magnolia Avenue, Suite I 00
Clovis, CA 9361 I
www.ppc.cpa
tel 5S9.299.9540
fax 559.299.2344
110
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TDA Funds of the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. Our audit was further made to determine that TDA Funds allocated to and received by the City were expended in conformance with applicable statutes, rules and regulations of the Transportation Development Act and the allocation instructions and resolutions of the Merced County Association of Governments as required by Sections 6666 and 6667 of Title 21 of the California Code of Regulations. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards or the Rules and Regulations of the Transportation Development Act.
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance as it related to the TDA Funds. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Clovis, California
November 24, 2025
11 111
FINDINGS AND QUESTIONED COSTS
12 112
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2021
Schedule of Findings and Questioned Costs
SECTION I -SUMMARY OF AUDITOR'S RESULTS
Financial Statements
Type of auditor's report issued:
Internal control over financial reporting:
Material weaknesses identified?
Significant deficiencies identified that
are not considered to be material weaknesses?
Noncompliance material to financial statements noted?
SECTION II - FINANCIAL STATEMENT FINDINGS
None reported.
Unmodified
-----
- ----
-----
13 Yes X No ----
Yes __ X __ None reported
Yes X No ----
113
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2021
Summary Schedule of Prior Audit Findings
FINANCIAL STATEMENT FINDINGS
None reported.
14 114
II PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
November 24, 2025
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited the financial statements of Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City) for the year ended June 30, 2021.
Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management of the City (Management) is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial _statements. No new accounting policies were adopted and the application of existing policies was not changed during 2021. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. We are not aware of any significant estimates for the fiscal year ended June 30, 2021.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The attached material misstatements detected as a result of audit procedures were corrected by management.
570 N. Magnolia Avenue, Suite I 00
Clovis, CA 93611
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
115
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report.
We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
In our audit engagement letter previously provided to you, we communicated the following significant risks of material misstatement (significant risks) as part of our audit planning:
• Management override of controls
• Improper revenue recognition due to fraud.
These risks were addressed within our audit procedures and we have no findings to report related to these risks.
Restriction on Use
This information is intended solely for the information and use of the City Council, management of the City and the Board of Directors of Merced County Association of Governments and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
P~?~I~
116
Client:
Engagement:
Current Period:
Workpaper:
Account
PPA-01
To adjust for prior year revenue adjustment entry
220-000-335-010
220-000-253-030
Total
GRAND TOTAL
MCAG TOA FUND
06-30-2021 City of Los Banos
06/30/2021
Adjusting Journal Entries
Description
Local Trans Funds
PPA (PPC Created)
Debit
22,997.00
0.00 22,997.00
22,997.00
Credit
0.00 22,997.00
22,997.00
22,997.00
Net Income Effect
(22,997.00)
(22,997.00)
ITEM 7G
117
TO:
FROM:
DATE:
LOsBanos
At tl,e Cros Toads oJ California
Agenda Staff Report
Mayor Amabile and City Council Members
Minerva Moreno, Finance Director {(
December 3, 2025
SUBJECT: Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2020 and 2019
TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that Council adopt a Resolution accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2020 and 2019 as prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) auditors.
Background:
The Transportation Development Act (TDA) is a California state law enacted in 1971. TDA funds are generated from a one-quarter of one percent sales tax on all retail transactions within each county. These funds are designated to support public transit, specialized transit services for individuals with disabilities, and bicycle and pedestrian infrastructure.
TDA revenues are collected by the State and allocated by the Merced County Association of Governments (MCAG) to support local transit operations and related programs. In nonurban areas, and under specific conditions, TDA funds may also be used for streets and roads.
As the designated Regional Transportation Planning Agency (RTPA), the MCAG Governing Board oversees the distribution of these funds. Each year, the Board approves the apportionment schedule for Local Transportation Fund (L TF) monies through a formal resolution.
The City of Los Banos is an annual recipient of TDA funding to support its transportation services and infrastructure.
118
Discussion:
As a recipient of Transportation Development Act (TOA) funds-including Local Transportation Fund (L TF) and State Transit Assistance (STA) allocations-the City is required by State statute to undergo an independent financial audit. MCAG, as the regional funder responsible for passing through these funds to each jurisdiction in the County, is also expected to provide oversight to ensure compliance with these audit requirements.
For the fiscal year ending June 30, 2020 and 2019, the City of Los Banos fulfilled this requirement in coordination with Price Paige & Company (Price Paige), who conducted and finalized the Financial Report. The audit concluded with no reported risks or findings.
To address a misstatement, management recorded an adjusting entry to resolve a timing discrepancy associated with first-quarter and fourth-quarter revenue recognition in a net income effect of $14,523.
However, it is important to acknowledge that both MCAG and the City did not meet their respective obligations to initiate and complete the audit process in a timely manner for 2017-2024.
To address this gap, MCAG has since taken a more proactive role. Although audit compliance is traditionally the responsibility of each individual city, MCAG has contracted with Price Paige to conduct audits for all jurisdictions in the County from fiscal year 2017 through 2024 and potentially beyond . This coordinated effort is intended to ensure that all audit requirements are met moving forward and that every entity is brought current with their statutory obligations. As each financial report is finalized and received, the Finance Department will present them to Council for acceptance. This is the fourth of eight Financial Statements that has been completed and presented to the Council.
Fiscal Impact:
There is no fiscal impact to the City, as MCAG will be covering all costs associated with these audits.
Reviewed by:
Soknirorn Than, City Manager
Attachments:
Resolution
Transportation Development Act Funds Financial Statements ending June 30, 2020 and 2019
119
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING THE
TRANSPORTATION DEVELOPMENT ACT
FUNDS FINANCIAL STATEMENT FOR THE
YEARS ENDED JUNE 30, 2020 AND 2019.
WHEREAS, the City of Los Banos collaborated with the Merced County Association of Governments and its designated auditing firm, Price Paige & Company, to conduct an audit of Transportation Development Act (TOA) funds received for the Years Ended June 30, 2020 and 2019; and WHEREAS, Price Paige & Company has completed the audit and reported no findings or areas of concern; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby accepts the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2020 and 2019, as presented by Price Paige & Company.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of December 2025, by Council Member ___ __ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
120
Transportation Development Act Funds
Non-Transit Operations
City of Los Banos I CA
Financial Statements
For the Years Ended June 30, 2020 and 2019
-------------------
PRICE PAIGE & COMPANY
Certified Public Accountants
121
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEARS ENDED JUNE 30, 2020 AND 2019 Financial Statements
TABLE OF CONTENTS
PAGE
Independent Auditor's Report ............................................................... .................. ... .. .... .................................................. 1 Financial Statements:
Article 8 Streets and Roads:
Balance Sheets ................................................................................................................................... ........................... 5 Statements of Revenues, Expenditures and Changes in Fund Balance ................ ......................................................... 6 Notes to the Financial Statements ....................................................................................................................................... 8 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and the Rules and Regulations of the Transportation Development Act .............................................................................................. 10 Findings and Questioned Costs:
Schedule of Findings and Questioned Costs ...................................................................................................................... 13 Summary Schedule of Prior Audit Findings .................................................................... .................................................... 14 122
PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
INDEPENDENT AUDITOR'S REPORT
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the Merced County Association of Governments' passthrough Transportation Development Act Funds (TOA Funds) of the City of Los Banos, California (the City), as of and for the years ended June 30, 2020 and 2019, and the related notes to the financial statements, which collectively comprise the TDA Funds of the City's financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the TOA Funds of the City, as of June 30, 2020 and 2019, and the respective changes in financial position thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As discussed in Note 1, the financial statements of the TOA Funds of the City are intended to present the financial position and the changes in financial position of only that portion of the TDA Funds of the City that is attributable to the transactions related to the Merced County Association of Governments' pass-through TDA Funds. They do not purport to, and do not present fairly the financial position of the City as of June 30, 2020 and 2019, or the changes in its financial position for the years then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. 1 570 N. Magnolia Avenue, Suite I 00
Clovis, CA 93611
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
123
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control as it relates to TDA Funds. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Management has omitted the management's discussion and analysis and budgetary comparison information that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information. 2 124
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 24, 2025, on our consideration of the City's internal control over financial reporting as it relates to the TDA Funds, and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance as it relates to the TDA Funds.
Clovis, California
November 24, 2025
3 125
FINANCIAL STATEMENTS
4 126
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2020 AND 2019
Article 8 Streets and Roads
Balance Sheets
ASSETS
Cash and investments
Intergovernmental Receivable
Interest Receivable
Total assets
LIABILITIES
FUND BALANCE
Restricted
Total fund balance
Total liabilities and fund balance
2020
$ 346,787 $
22,997
705
$ 370,489 $
$ - $
370,489
370,489
$ 370,489 $
The notes to the financial statements are an integral part of this statement. 5 2019
234,840
37,520
885
273,245
273,245
273,245
273,245
127
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEARS ENDED JUNE 30, 2020 AND 2019 Article 8 Streets and Roads
Statements of Revenues, Expenditures and Changes in Fund Balance
REVENUES
Intergovernmental allocations $
Interest revenue
Total revenues
EXPENDITURES
Current:
Public ways and facilities
Total expenditures
Net change in fund balance
Fund balance - beginning
Fund balance - ending $
2020
91,987 $
5,257
97,244
97,244
273,245
370,489 $
The notes to the financial statements are an integral part of this statement. 6 2019
150,078
5,664
155,742
337,513
337,513
(181,771)
455,016
273,245
128
NOTES TO THE FINANCIAL STATEMENTS
7 129
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2020 AND 2019
Notes to the Financial Statements
NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California {the City) have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The financial statements presented are only from the accounts and financial transactions of the TDA Funds of the City. Accordingly, they do not present the financial position or the results of operations of the City. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The City's significant accounting policies are described below.
A. Basis of Accounting
The City uses fund accounting to report on its financial position and the results of its operations. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities.
The operations of the TOA Funds of the City are accounted for in a separate set of self-balancing accounts that comprise the funds' assets, liabilities, fund balance, revenues and expenditures.
The TOA Funds allocated for non-transit operations purposes are accounted for in the City's Local Transportation Fund, a special revenue fund type within the governmental category using the modified accrual basis of accounting whereby revenues are recognized when they become measurable and available, and expenditures are recognized when the liabilities are incurred.
Intergovernmental revenues (primarily grants and subventions), which are received as reimbursement for specific purposes or projects, are recognized based upon the expenditures recorded. Intergovernmental revenues, which are usually unrestricted as to use are revocable only for failure to meet prescribed compliance requirements, and are reflected as revenues at the time of receipt or earlier, if they meet the availability criterion.
B. Fund Balance Classification
The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows:
Nonspendable - Amounts cannot be spent either because they are in nonspendable form (such as inventory or prepaid expense, and long-term loans and notes receivable) or because they are legally or contractually required to be maintained intact (such as principal of a permanent fund).
Restricted - Amounts with external constraints placed on the use of these resources (such as debt covenants, granters, contributors, or laws or regulations of other governments, etc.) or imposed by law through constitutional provisions or enabling legislation.
Committed - Amounts that can only be used for specific purposes pursuant to constraints imposed by City Council, the City's highest level of decision-making authority, through an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified uses through the same type of formal action taken to establish the commitment. 8 130
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2020 AND 2019
Notes to the Financial Statements
NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Fund Balance Classification (Continued)
Assigned - Amounts that do not meet the criteria to be classified as restricted or committed but that are intended to be used for specific purposes. Intent is expressed by the City Council or its designee and may be changed at the discretion of the City Council or its designee. For all governmental funds other than the General Fund, any remaining positive amounts not classified as nonspendable, restricted or committed must be designated as assigned fund balance.
Unassigned - This classification includes amounts that have not been assigned to other funds or restricted, committed or assigned to a specific purpose within the City.
The City would typically use restricted fund balances first, followed by committed resources, and then assigned resources, as appropriate opportunities arise, but reserves the right to selectively spend unassigned resources first to deter the use of these other classified funds.
NOTE 2 - CASH AND INVESTMENTS
Cash is pooled with the City's cash and investments. Income from the investment of pooled cash is allocated based upon the actual balance of the fund as a percentage of the total pooled cash balance. The City values all of its cash and investments at fair value on a portfolio basis. The City manages its pooled idle cash and investments under a formal investment policy that is adopted and reviewed by the City, and that follows the guidelines of the State of California Government Code.
City-wide information concerning cash and investments for the years ended June 30, 2020 and 2019, including authorized investments, custodial credit risk and interest rate risk for debt securities and concentration of investments, carrying amount and market value of deposits and investments, may be found in the notes of the City's annual financial report. 9 131
PRICE PAIGE & COMPANY
Certified Public Accountants
To the City Council
The Place to Be
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AND THE
RULES AND REGULATIONS OF THE TRANSPORTATION DEVELOPMENT ACT City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TOA Funds) of the City of Los Banos, California (the City), as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the City's TDA Funds financial statements, and have issued our report thereon dated November 24, 2025.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control), as it relates to the TDA Funds, as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the TDA Funds of the City's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies.
Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. 10 570 N. Magnolia Avenue, Suite I 00
Clovis, CA 93611
www.ppc.cpa
tel 559 299.95 0
fax 559 299.23 ◄4
132
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TDA Funds of the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. Our audit was further made to determine that TDA Funds allocated to and received by the City were expended in conformance with applicable statutes, rules and regulations of the Transportation Development Act and the allocation instructions and resolutions of the Merced County Association of Governments as required by Sections 6666 and 6667 of Title 21 of the California Code of Regulations. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards or the Rules and Regulations of the Transportation Development Act.
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance as it related to the TDA Funds. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Clovis, California
November 24, 2025
11 133
FINDINGS AND QUESTIONED COSTS
12 134
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2020
Schedule of Findings and Questioned Costs
SECTION I-SUMMARY OF AUDITOR'S RESULTS
Financial Statements
Type of auditor's report issued:
Internal control over financial reporting:
Material weaknesses identified?
Significant deficiencies identified that
are not considered to be material weaknesses?
Noncompliance material to financial statements noted?
SECTION II - FINANCIAL STATEMENT FINDINGS
None reported.
Unmodified
-----
-----
-----
13 Yes X No ----
Yes __ X __ Nonereported
Yes X No ----
135
TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2020
Summary Schedule of Prior Audit Findings
FINANCIAL STATEMENT FINDINGS
None reported.
14 136
PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
November 24, 2025
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited the financial statements of Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City) for the year ended June 30, 2020.
Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management of the City (Management) is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2020. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. We are not aware of any significant estimates for the fiscal year ended June 30, 2020.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The attached material misstatements detected as a result of audit procedures were corrected by management.
570 N. Magnolia Avenue, Suite 100
Clovis,CA 93611
www.ppc.cpa
tel 559.299. 9540
fax 559.299.2344
137
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report.
We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
In our audit engagement letter previously provided to you, we communicated the following significant risks of material misstatement (significant risks) as part of our audit planning:
• Management override of controls
• Improper revenue recognition due to fraud.
These risks were addressed within our audit procedures and we have no findings to report related to these risks.
Restriction on Use
This information is intended solely for the information and use of the City Council, management of the City and the Board of Directors of Merced County Association of Governments, and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
p /1-V-L ?~ i ~
138
Client:
Engagement:
Current Period:
Workpaper:
Account
AJE-01
To properly record intergovernmental receivable for FY2020 220-000-126-000
220-000-335-010
Total
PPA-01
To adjust for prior year revenue adjustment entry
220--000-335-010
220-000-253--030
Total
GRAND TOTAL
MCAG TOA FUND
06-30-2020 City of Los Banos
06/30/2020
Adjusting Journal Entries
Description
Intergovernmental Receivable
Local Trans Funds
Local Trans Funds
PPA (PPC Created)
Debit
22,997.00
0.00 22,997.00
37,520.00
0.00 37,520.00
60,517.00
Credit
0.00 22,997.00
22,997.00
0.00 37,520.00
37,520.00
60,517.00
Net Income Effect
22,997.00
(37,520.00)
(14,523.00)
139
ITEM 7H
TO:
FROM:
DATE:
LOsBanos
f tht Cu, road o) ,,li(c , nia
Agenda Staff Report
Mayor and City Council Members
/ 4 -;>-
Joe Heim, Parks and Recreation Director[Y
December 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Resolution authorizing one-year Facility Use Agreement between the City of Los Banos and Los Banos American Little League
Recommendation:
Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute a one-year Facility Use Agreement extension with Los Banos American Little League for use of Colorado Ballpark for the 2026 Little League season.
Background:
The City of Los Banos entered into a four-year Facility Use Agreement with Los Banos American Little League in 2022. That agreement covered the 2022 through 2025 Little League seasons and expired at the conclusion of the 2025 season in July. Over the course of this agreement, Little League paid a base fee of $3,387 per season along with hourly charges for night games and February night practices. The City, in turn, provided utilities, additional mowing, daily trash collection, and restroom cleaning during the active season. Little League was responsible for maintaining liability insurance, naming the City as an additional insured, and for the day-to-day operation of games, practices, and related activities.
Discussion:
With the conclusion of the current agreement, the City is entering a transition period as planning continues for the future of Colorado Ballpark. While the project is expected to modernize and expand the facility, the exact timing and scope of construction have not yet been finalized, leaving some uncertainty about field availability in the coming years.
At this point, staff does not anticipate conflict with the 2026 Little League season, which runs from March through July. Even so, project schedules can evolve, and it would not be advisable to commit to a multi-year lease until the City has greater clarity. A shorter 140
extension provides flexibility while ensuring Little League can continue its program without interruption.
For that reason, staff recommends a one-year extension of the Facility Use Agreement with Little League, preserving continuity for the 2026 season while maintaining flexibility for the City. This agreement will allow Little League to operate under familiar terms while the City monitors the renovation schedule more closely.
During this time, staff will also begin working with Little League and other partners to identify potential alternative locations should construction overlap with the 2027 season.
Facilities such as Noah Jones Ballpark, the AG Sports Complex, or school district fields may need to be explored as temporary solutions.
A one-year Facility Use Agreement is a balance between supporting the immediate needs of Los Banos American Little League and preserving the City's flexibility as it prepares for the Colorado Ballpark Renovation Project. This approach gives Little League certainty for the 2026 season while positioning the City to adapt to construction timelines and long-term planning. Staff will return to Council with recommendations for future agreements once the renovation schedule is firmly established.
Fiscal Impact:
The fiscal impact of the one-year agreement will mirror that of the prior agreement. The City will continue to receive the annual base rental amount of $3,387, along with hourly charges for night games and February night practices.
As before, the City will provide utilities, field maintenance, trash collection, and restroom cleaning during the season.
Reviewed by:
Soknirorn Than
City Manager
Attachments:
Resolution
Agreement with Los Banos Little League
1::fu½-:-:-1'
Minerv Moreno
Finance Director
141
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS AUTHORIZING A
ONE-YEAR FACILITY USE AGREEMENT
BETWEEN THE CITY OF LOS BANOS AND
LOS BANOS AMERICAN LITTLE LEAGUE
FOR THE USE OF COLORADO BALLPARK
FOR THE 2026 LITTLE LEAGUE SEASON
WHEREAS, the City of Los Banos and Los Banos American Little League previously entered into a four-year Facility Use Agreement in 2022 for use of Colorado Ballpark, covering the 2022 through 2025 Little League seasons; and WHEREAS, that agreement expired at the conclusion of the 2025 Little League season in July; and
WHEREAS, Los Banos American Little League has requested to continue its use of Colorado Ballpark for the 2026 season to facilitate baseball programs for the youth of Los Banos; and
WHEREAS, the City is currently planning the renovation of Colorado Ballpark, and the precise schedule and scope of construction have not yet been finalized, making it prudent to approve only a one-year agreement at this time; and WHEREAS, the terms of the one-year agreement will continue the prior agreement's provisions, including an annual fee of $3,387.00, and $15.00 per hour for all night games and February night practices, along with the City's provision of utilities, field maintenance, trash collection, and restroom cleaning during the season.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Facility Use Agreement between the City of Los Banos and Los Banos American Little League for the 2026 season, and authorizes the City Manager to sign and execute said agreement, in a form approved by the City Attorney.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of December 2025, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member _ __ and the Resolution adopted by the following vote:
142
AYES:
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
143
FACILITY USE AGREEMENT FOR THE USE OF THE COLORADO
BALL PARKS BETWEEN THE CITY OF LOS BANOS AND
LOS BANOS AMERICAN LITTLE LEAGUE
THIS AGREEMENT is entered into on _____ , 2025, by and between the City of Los Banos, a municipal corporation (hereinafter referred to as "CITY"), and Los Banos American Little League, a community benefit, non-profit organization (hereinafter referred to as "LITTLE LEAGUE").
RECITALS
WHEREAS, CITY owns and has available for use certain premises known as the Colorado Ball Parks;
WHEREAS, LITTLE LEAGUE manages and directs activities and programs benefitting the youth of Los Banos and requires a facility to conduct its recreation youth baseball program for the benefit of the residents of the City of Los Banos;
WHEREAS, CITY will benefit in that the Agreement will help to facilitate communityoriented programs for the youth of Los Banos and that said premises will be utilized for its intended purposes, which is to serve community oriented recreational activities in the City of Los Banos.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby stipulated, the parties mutually agree as follows:
1. PREMISES
CITY is the owner of certain real property situated in the City of Los Banos, commonly known as the Colorado Ball Park. CITY hereby agrees to authorize scheduled use of the baseball fields, stands, related improvements, and parking lot at the Colorado Ball Park Facility as depicted in the map attached hereto as Exhibit A and incorporated herein by this reference (hereinafter the "Premises"). Related improvements include concession stands at Fields 1 and 3; score booths at Fields 1 and 3; and the field house/maintenance shed.
2. TERM OF AGREEMENT
The tenn of this Agreement shall commence upon the execution of this Agreement and continue until terminating at the end of the 2026 Little League Season in July of 2026, or until otherwise terminated as provided in this Agreement.
3. USE OF PREMISES
(a) This Agreement is a license to use and occupy the Premises; it is not a lease or rental agreement and shall not be construed as such. Except to the extent otherwise required by law, the LBLLUseAgreement2026WAV
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provisions of the California civil code relating to the lease of real property shall not apply to this Agreement.
(b) LITTLE LEAGUE hereby acknowledges and agrees that the Premises shall be used only for Los Banos Little League baseball and related activities and for no other purpose whatsoever. For the purposes of this Agreement, permitted activities shall be defined as Little League baseball games (regular and post season play), tournaments, practices, player registration, tryouts, Pitch, Hit and Run and MLB Home Run Jr Derby events, and concessionaire activities at Little League baseball games. No other use is authorized without the written approval of the CITY Parks and Recreation Department. No use shall be made of the Premises that would result in an increase in the existing rate of insurance upon the Premises, or in a cancellation of any insurance policy covering the Premises. LITTLE LEAGUE shall not commit waste or any public or private nuisance upon the Premises. In addition, the following provisions describe LITTLE LEAGUE's use of the Premises:
(i) LITTLE LEAGUE shall have exclusive use of the Premises during the Little League baseball season annually March through end of the season in July. During off season LITTLE LEAGUE may at their own risk leave/store concession items and/or concession equipment on the premises.
(ii) Each year during the term of this Agreement, LITTLE LEAGUE is to submit a schedule of games and activities to the CITY on or before the last day of February prior to the beginning of a new season.
(iii) The sale, possession, and or consumption of alcohol shall not be allowed by LITTLE LEAGUE on the Premises.
(iv) Except for once a week mowing and watering, to be provided by the CITY, LITTLE LEAGUE shall be responsible during the season to maintain the fields in an adequate and safe condition.
(v) LITTLE LEAGUE is responsible for providing appropriate on site supervision for all its activities and uses of the Premises.
(vi) All games and practices and related activities shall end at 10:00 P.M. (vii) LITTLE LEAGUE shall obtain a Waiver and Release of Liability from each participant in the Little League in the fonn hereto as Exhibit B and incorporated herein by this reference, which shall be provided to the CITY prior to the commencement of each baseball season.
(c) CITY will be responsible for water, electricity, gas, garbage removal, sanitary sewage disposal service. In addition the CITY will provide the services throughout their season from March through the month of July:
(i) Extra week of mowing of the outfields at Colorado Ball Park.
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(ii) Daily Trash Pick-up at Colorado Ball Park.
(iii) Daily Restroom Cleaning at Colorado Ball Park.
(iv) Lights for all night games at Colorado Ball Park.
(v) Lights for February night practices at Colorado Ball Park.
4. COMPENSATION
(a) LITTLE LEAGUE shall pay CITY as compensation for use of the Premises as follows:
(i) An annual base amount of $3,387.00 for the 2026 season; (ii) plus $15.00 per hour for all night games based on the total number of games played to be calculated by the CITY based upon the schedule provided by LITTLE LEAGUE; and (iii) plus $15.00 per hour for February night practices to be calculated by the CITY based on the total number of practices scheduled by LITTLE LEAGUE. (b) The foregoing compensation shall be due on March 1, 2026.
5. ASSIGNMENT
LITTLE LEAGUE will not assign this Agreement, nor sublet the Premises, nor any part thereof. LITTLE LEAGUE agrees to keep the Premises free and clear of all levies, liens and encumbrances for the term of this Agreement.
6. MAINTENANCE AND REPAIR
With the express written pennission of CITY, LITTLE LEAGUE may, during the tenn of the Agreement, make minor alterations, modifications or improvements to the Premises. LITTLE LEAGUE shall be responsible for any damage to property or to the fields caused by LITTLE LEAGUE, LITTLE LEAGUE's staff, volunteers or members, participants or its invitees.
7. ENTRY AND INSPECTION
CITY or its agents may, at any time, enter into and upon the Property for the purpose of inspecting the same, or to make repairs, alterations or additions. For those maintenance or repair activities that CITY has advance notice of, it shall notify LITTLE LEAGUE and coordinate an appropriate time to enter the Property to perfonn said maintenance or repair.
8. TERMINATION
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(a) LITTLE LEAGUE may terminate this Agreement upon 60 days written notice to CITY.
In the event that LITTLE LEAGUE terminates this Agreement they shall surrender their right to use the Premises and forfeit all payments made to CITY for the applicable season. (b) CITY has the right to terminate this Agreement upon 60 days written notice to LITTLE LEAGUE, said notice shall be given prior to the beginning of LITTLE LEAGUE regular season play.
( c) This Agreement shall automatically terminate upon the expiration of the term; LITTLE LEAGUE's abandonment of the Premises; LITTLE LEAGUE committing waste upon the Premises; or LITTLE LEAGUE's default in any of the obligations set forth in this Agreement.
LITTLE LEAGUE shall be given 15 days written notice to cure any default.
9. INDEMNITY AND INSURANCE
(a) Notwithstanding the existence of any insurance carried by or for the benefit of CITY and without regard to the policy limits of any such insurance, except to the extent arising from CITY's sole negligence or willful misconduct, LITTLE LEAGUE shall indemnify, defend and hold harmless CITY, its officers, members of the City Council, agents, and employees from and against any and all costs, liability damage, or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of LITTLE LEAGUE, sustained in, on, or about the Premises or arising out of LITTLE LEAGUE's use or occupancy thereof, as a proximate result of the acts or omissions of LITTLE LEAGUE, its volunteers, employees and agents, or its contractors, licensees, invitees, or subtenants, their successors and assigns, or arising out of the obligation of LITTLE LEAGUE to maintain the athletic fields or Premises. This obligation shall survive the expiration or earlier termination of this Agreement. (b) During the term of this Agreement, LITTLE LEAGUE shall keep in force and maintain, at its own expense, commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
LITTLE LEAGUE's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. (c) LITTLE LEAGUE shall furnish CITY with certificates evidencing compliance with all insurance requirements. Certificates shall provide for thirty (30) days ten (10) days for nonpayment of premium) advance written notice to CITY of any material modification, change or cancellation of any of the above insurance coverages.
(d) LITTLE LEAGUE shall notify CITY immediately in writing, with a full description of the facts, circumstances, nature, date and time, and names and addresses involved concerning any occurrences on the Premises which involve serious injury to person or property.
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10. MISCELLANEOUS
(a) All notices or other communications required or permitted by this Agreement to be given to either party must be in writing, directed as follows:
To the CITY:
City of Los Banos
520 J Street
Los Banos, CA 93635
Courtesy copy to:
Los Banos Parks and Recreation
645 7th Street
Los Banos, CA 93635
To LITTLE LEAGUE:
Los Banos American Little League
P.O. Box 362
Los Banos, CA 93635
(b) This instrument constitutes the sole and only agreement between CITY and LITTLE LEAGUE respecting the Premises.
(c) Nothing in this agreement shall be construed to render CITY in any way or for any purpose a partner, joint venturer, or associate in any relationship with LITTLE LEAGUE other than that oflicensor and licensee.
( d) This Agreement may be modified only by a written instrument signed by the parties. ( e) Each individual executing this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on such party's behalf. (f) This Agreement and all matters that in any way relate to the transactions contemplated by this Agreement shall be governed by the laws of the State of California. Venue for all legal proceedings shall be in the Superior Court for the County of Merced.
Ill
Ill
Ill
Ill
Ill
IN WITNESS THEREOF, this Agreement was executed by the parties thereto on the date set forth above.
LOS BANOS AMERICAN LITTLE LEAGUE
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By ___________ _
Dustin Caropreso, President
CITY OF LOS BANOS
By ____________ _
Soknirorn Than, City Manager
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
Mary F. Lerner, City Attorney
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EXHIBIT A
Colorado Ballfields
150
EXHIBITB
Colorado Ballpark
Waiver and Release Form
I, ________ (FULL NAME OF PARENT OR LEGAL GUARDIAN), am the parent or legal guardian of (FULL NAME OF LITTLE LEAGUE PARTICIPANT}
I UNDERSTAND AND FULLY ACCEPT THAT THERE ARE RISKS INVOLVED IN
SPORTS, AND THAT ACCIDENTS AND INJURIES ARE COMMON AND ARE ORDINARY OCCURRENCES OF SPORTS. I HEREBY AGREE TO ACCEPT ANY AND
ALL RISKS OF INJURY OR DEATH, AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE.
Initial Here
Undersigned waives and releases the City Los Banos and agrees to indemnify, defend, hold harmless and release the City of Los Banos, its officers, agents, and employees from any and all lawsuits, damages, claims, judgments, loss, liability, or expenses arising out of any death or personal injuries or property damage that I, my child or my ward may sustain while on, or while using, property or equipment owned by or under the control of the City of Los Banos, or while participating in any activity sponsored by the City of Los Banos. All of the terms above shall apply whether or not the alleged injury is caused by or arises out of any dangerous condition of property, or the alleged negligence or any acts or omissions of the City, its officers, agents, or employees.
Communicable Disease Waiver and Release: Undersigned waives and releases the City from any and all claims, causes of action, allegations, or assertions that may arise relating to infection of any person by COVID-19 or other communicable disease that occurs, or is alleged to occur, during the event. Undersigned also agrees to defend, indemnify, and hold City harmless from any and all claims, causes of action, allegations, or assertions made against City or City's employees arising from or relating to actual or alleged infection occurring during the event, except where caused by the sole negligence or willful misconduct of the City.
I HA VE CAREFULLY READ THIS W AIYER AND RELEASE, AND FULLY UNDERSTAND IT AND SIGN IT ON MY OWN FREE WILL.
Date
Signature/Parent or Guardian
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ITEM 8
TO:
FROM:
DATE:
LOsBanos
I ''" 111 f() "' / ,,,,, >
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ December 3, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of General Plan Amendment #2022-02, Zone -Change #2022-02, Final Development Plan #2022-02, Addendum to the Villa Surano Area Plan Environmental Impact Report (SCH#200611135), and Reimbursement Agreement for the Sewer Main Replacement Project - Northpointe at Regency Park
Recommendation:
It is recommended that the City Council:
1. Consider adoption of a resolution approving the Addendum to the previously Certified Villa Surano Area Plan Environmental Impact Report (SCH#200611135) for the Northpointe at Regency Park Project.
2. Consider adoption of a resolution approving General Plan Amendment #2022-02; and Zone Change #2022-02.
3. Consider adoption of a resolution approving Final Development Plan #2022-02 for the Northpointe at Regency Park Project.
4. Authorize the City Manager to execute a Reimbursement Agreement for the Sewer Main Replacement Project between the City of Los Banos and Stonefield Home, Inc.
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Background:
In 2008, the City certified the Villa Surano Area Plan (VBAP) Environmental Impact Report (EIR) and approved related entitlements for the annexation and development of approximately 118 acres in northeast Los Banos. The current applicant, Stonefield Home Inc., proposes to proceed with development of the site under a revised plan known as Northpointe at Regency Park.
The Planning Commission held a public hearing on November 12, 2025, for the purpose of considering the General Plan Amendment, Zone Change, Final Development Plan, Addendum to the EIR, and Vesting Tentative Tract Map. At the completion of the public hearing, the Planning Commission approved Vesting Tentative Tract Map #2015-02 and recommended approval of the General Plan Amendment, Zone Change, Final Development Plan and Addendum to the EIR to the Los Banos City Council. The Los Banos Planning Commission approved the Vesting Tentative Tract Map conditioned upon City Council approval of Final Development Plan #2022-02.
In addition, a Reimbursement Agreement for the Sewer Main Replacement Project is being requested for City Council consideration, which is a requirement of the Vesting Tentative Tract Map.
Discussion:
The proposed project consists of the development of approximately 114 acres into a Planned Development (PD) community. The community includes 543 single-family residential lots, six open space lots to be dedicated to the City, a one-acre lot for future Fire Station #3 to be dedicated to the City, and 4.23 acres reserved for multi-family development, which will allow for a range of 84 to 127 multi-family residential units.
The site is currently zoned Low Density Residential (R-1), Medium Density Residential (R-2), Public Facility (PF), and Park (P), all with a Planned Development (PD) overlay.
The General Plan designates the site Low Density Residential, Medium Density Residential, Neighborhood Commercial, and Park. The applicant is requesting a General Plan Amendment and Zone Change to remove the Neighborhood Commercial designation and replace with High Density Residential, and to remove the Public Facility designation, for consistency with the General Plan.
The proposed project is surrounded by existing residential neighborhoods to the north, south, and west, with the San Luis canal running along the eastern boundary.
Infrastructure improvements include internal roadway circulation, extension of utilities, and system connectivity consistent with the City of Los Banos Master Plans. Sewer, storm drainage, and water service will be provided by the City. Special subdivision features include:
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• A linear trail along the San Luis Canal adjacent to Ward Road, extending the City's open space trail system.
• A one-acre site dedication for a future fire station. • A roundabout entrance at the intersection of Place Road and Westminster Way to enhance safe circulation.
The proposed project's design provides a neighborhood that promotes a sense of community, creates connectivity from Southpointe at Regency Park and Pacheco High School to northern Los Banos, and delivers a mix of residential, recreational, and public amenities.
LOCATION:
The project site is located between Place Road and the Ward Road extension, bounded by Quail Street to the north, Greenwich Drive to the south, and the San Luis Canal to the east.
ENVIRONMENTAL REVIEW:
An Addendum to the Villa Surano Area Plan EIR was prepared by the City of Los Banos with the assistance of J.B. Anderson Land Use Planning. The Addendum focuses on updated transportation conditions and mitigation measures. Consistent with CEQA 3 154
Guidelines Section 15164, no new significant environmental effects were identified, and no substantial changes warrant preparation of a Subsequent EIR.
The Northpointe at Regency Park Project would only require minor changes to the Villa Burano Area Plan (VBAP) EIR to address the incremental change in impacts between development of the site with the previously proposed Villa Burano Area Plan characteristics and development of the site as currently proposed. In general, it is anticipated that all impacts would remain the same under the Northpointe at Regency Park Project when compared to the Original Villa Burano Area Plan previously analyzed in the VBAP EIR.
Mitigation Measure Review:
During preparation of the Addendum, City staff directed the applicant to review the original environmental technical studies supporting the certified EIR to confirm that mitigation measures relevant to the Northpointe at Regency Park Project remain valid and, where applicable, have been satisfied.
Specifically, the applicant was instructed to evaluate the areas of Air Quality, Biology, Noise, and Traffic. To document this evaluation, the applicant retained qualified consultants to review the applicable mitigation measures and prepare memoranda of satisfaction confirming that the project fulfills the intent of those measures.
It is important to note that the mitigation measures related to Air Quality, Biology, and Noise are not terminated. Instead, based on the analysis and confirmation provided by the applicant's consultants, these mitigation measures are determined to be satisfied. All other mitigation measures from the certified EIR remain in effect and applicable to the proposed project.
Transportation Analysis
The Applicant submitted a Traffic Memorandum, dated August 28, 2025, prepared by Wood Rodgers. The City retained its traffic consultant, Fehr and Peers, to conduct a peer review of the Traffic Memorandum. This Traffic Memorandum evaluated the Northpointe at Regency Park Project (Modified Project) and the adopted transportation mitigation measures in the Original Project EIR. The purpose of the Traffic Memorandum was to evaluate Traffic Mitigation Measures and determine their applicability relative to Original Project approved in 2006 and the Modified Project as currently proposed by the Applicant.
The Original Project assumed that the west leg of the SR 165/Dove StreeWineyard Drive intersection would be completed and connected to SR 165 by the Vineyard Subdivision before the Original Project was completed. However, the west leg of the SR 165/Dove StreeWineyard Drive intersection is not currently complete and likely won't be constructed prior to construction of the Northpointe at Regency Park Project. 4 155
The Original Project assumed that the City of Los Banos would widen SR 165 to a fourlane facility near Dove Street by 2030 as fronting development occurred along the state highway.
The Original Project traffic analysis projected that the SR 165/Dove StreeWineyard Drive intersection would operate at unacceptable LOS (Level of Service) E/F under Existing Plus Project conditions. However, an updated traffic analysis prepared for the Modified project projected that the SR 165/Dove StreeWineyard Drive intersection would operate at acceptable LOS D under Existing Plus Project conditions.
The Original Project analysis is based on outdated assumptions, and the SR 165/Dove Street intersection is no longer projected to operate below an acceptable LOS with the addition of trips created by the Modified Project.
However, due to safety concerns and Caltrans collision data, the SR 165/Dove StreeWineyard Drive intersection experiences higher than average crash rates.
Construction of a controlled intersection could potentially reduce some of the existing collision types at the intersection by controlling the side street turning movements and reduce potential vehicular conflicts.
Based on the above, the Traffic Memorandum concludes that the Modified Project should pay its fair share contribution, without reimbursement from the City, towards the cost of installing a controlled intersection at SR 165/Dove StreeWineyard Drive.
In addition, the Original Project analysis recommended that the proposed internal Villa Burano intersection of Ward Road and Dove Street be improved with a roundabout.
However, the Modified Project has been designed to remove this intersection. Rather, Ward Road now is proposed to continue west and turn into Dove Street where the previous Ward Road/Dove Street intersection previously existed. Under the Modified Project, Ward Road intersects with Place Road. Therefore, there is no longer a need for a roundabout at the intersection of Ward Road and Dove Street.
All impacts identified under the VBAP EIR have been determined to be no impact, less than significant or less than significant with mitigation. Mitigation Measures from the EIR that were adopted for the purposes of lessening an impact to the extent feasible are embodied in the EIR and suggested modifications to Mitigation Measures are embodied in the proposed Addendum (Attachment 2).
GENERAL PLAN AMENDMENT AND ZONE CHANGE ANALYSIS:
The subject property is designated in the General Plan as Low Density Residential, Medium Density Residential, Neighborhood Commercial, and Park. Existing zoning includes Low Density Residential (R-1), Medium Density Residential (R-2), Public Facility (P-F), and Park (P) with a Planned Development (P-D) overlay. The Planned Development designation allows for greater flexibility in lot design, building placement, 5 156
circulation, and open space integration, while still ensuring overall consistency with the General Plan's housing, circulation, and parks policies.
The requested General Plan Amendment and Zone Change would adjust land use and zoning designations to align with the Northpointe at Regency Park Area Plan. The applicant is proposing to replace the existing Neighborhood Commercial designation with High Density Residential at the request of the City.
The proposed land plan supports the following General Plan goals and policies:
• Housing Diversity: Provides 543 single-family lots of varying sizes and a multifamily site to accommodate a range of housing needs and market demands. • Neighborhood Connectivity: Integrates open space, a linear trail, and pedestrian circulation that connect to surrounding neighborhoods, Pacheco High School, and the broader community.
• Public Facilities: Dedicates land for parks, trails, and a future fire station, supporting public infrastructure and safety needs.
The amendment and rezone are justified as they bring land use designations into alignment with the City's long-term planning objectives while implementing the Villa Surano Area Plan through a modernized PD framework.
FINAL DEVELOPMENT PLAN ANALYSIS:
Pursuant to Section 9.3-401 of the Los Banos Zoning Code, the purpose of the Planned Development District (P-D) is to provide an integrated neighborhood development which would otherwise not be possible under traditional "lot-by-lot" zoning. The Planned Development District encourages innovative and creative development by allowing flexibility in land use and design. The District allows the opportunity to provide amenities and conveniences while maintaining a suitable neighborhood environment and permits development based on a high standard of performance and design by creating greater efficiency in land use by providing for flexibility in strict application of the Zoning Code.
This is achieved by maximizing open space, preserving natural amenities and creating additional amenities as approved by the City Council.
A Final Development Plan is required for the proposed project in order for development to occur in the Planned Development district. The Planning Commission is tasked with making a recommendation to the City Council on the proposed Final Development Plan.
The City Council by resolution may grant approval of the Final Development Plan subject to conditions, or may deny the request.
The proposed Final Development Plan (FDP) establishes the detailed framework for land use, circulation, infrastructure, landscaping, and open space within the Northpointe at Regency Park Project. The FOP provides a higher level of specificity than the Tentative Map, ensuring that the community will be developed in a cohesive and consistent manner.
Key elements of the Northpointe at Regency Park FOP include:
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• Residential Neighborhoods: Single-family neighborhoods are designed with a range of lot sizes to promote variety, while the multifamily parcel provides higherdensity opportunities. • Parks and Open Space: Six open space parcels with passive and active amenities will be dedicated to the City, ensuring long-term recreational opportunities and connectivity.
• Community Integration: A linear trail along the San Luis Canal provides recreational access and connects to regional circulation. A roundabout at Place Road/Westminster Way improves safety and circulation efficiency. • Public Facilities: A one-acre site for a future fire station demonstrates commitment to public service infrastructure.
The FOP is consistent with the intent of the Planned Development zoning, ensuring design quality, neighborhood identity, and compatibility with surrounding development.
Project Design
The proposed project provides a range of lot sizes not otherwise available in a traditional residential zone. The Los Banos General Plan and the Residential Design Guidelines were used as guiding principles for the design of Northpointe at Regency Park Final Development Plan. The intent of the design was to present a diverse selection of production homes positioned on a range of lot sizes with varying densities for all income levels.
Land Use
Northpointe at Regency Park includes Low, Medium and High-Density residential dwelling units. Approximately 106.6 acres of the total 117 .8 acres of Northpointe at Regency Park are proposed for residential development, with a 4.2-acre portion set aside for High Density Residential units. At build-out there will be 543 single family detached homes on lots of varying sizes. The Low Density Residential single family residential development will consist of 281 homes whose density will be approximately 7.2 units per gross acre. The Medium Density residential units will consist of262 homes whose density will be approximately 9.4 units per gross acre. The High-Density multi-family development parcel will accommodate an anticipated range of 84 to 127 units, with a density range of 20 to 30 units per acre.
Architecture
The proposed architecture for the project reflects traditional American architectural styles.
The Final Development Plan provides a variety in elevation, color scheme, house designs, and setbacks to provide compatibility with surrounding neighborhoods. The elevation styles used within the proposed Final Development Plan will be compatible with, and complementary to, the existing residential neighborhood in terms of scale, height, and neighborhood feel. The proposed elevations utilize variations in building style, colors, and materials.
The Final Development Plan consists of 27 different, detached single-family floor plans ranging from 1,248 to 3,360 square feet with 2 or 3-car garages. The designs emphasize 7 158
entries and living areas of the homes through the use of prominent front porches and/or architectural features while at the same time de-emphasizing the garages by setting them back from the front fa9ade or splitting into separate 2-car and 1-car garages. In all cases the garages are attached to the home.
Each plan includes distinct elevation styles and color/material palettes. Consistent with the City's Community Design Standards, the proposed plans integrate varied architectural treatments, thoughtful massing, and enhanced streetscape to enhance neighborhood character. By mixing single and two-story plans and varying floor plan types, elevation styles, colors, and materials, the project ensures a diverse and visually appealing streetscape. Differing garage treatments and locations will provide for an articulated streetscape and each plan has been designed to maximize the rear-yard usability and privacy.
Circulation
The circulation system includes a variety of street types plus exclusive pedestrian and bicycle paths, with lanes and routes shared by motorists. Place Road, Ward Road, Westminster, and Broadstone Drive are proposed to continue through the project site from their respective stubbed locations. The remaining roadways are neighborhood streets designed for low traffic volumes.
All neighborhood streets within the Final Development Plan are lined with four feet wide planting strips separating sidewalks from the streets. Sidewalks will be a minimum four feet in width and will be shaded by trees in the planting strips.
Exclusive use and shared pedestrian/bicycle paths, lanes, and routes are intended to encourage non-vehicular movement. An eight-foot-wide path in the greenway along the San Luis Canal has been provided exclusively for pedestrian and bicycle movements.
Infrastructure/Services
Water: The project will be served by a 12-inch water main in Place Road which will be extended through the Place Road alignment. A 10-inch water line is stubbed on the south end of the project from Broadstone Drive and Ward Road, which will be extended through the subdivision. The proposed water system will provide 8-inch looped water lines throughout the project. A network of laterals will distribute water to individual dwelling units and public facilities. All existing groundwater wells within the boundary of the map will be required to be abandoned to Merced County Standards. The project is subject to the provisions of the Los Banos Water Master Plan and will conform to its requirements including, but not limited to, payment of water impact fees.
Sewer: The project will connect to the existing sanitary sewer system which has been designed in accordance with the City of Los Banos Improvement Standards and Specifications. The effluent will be conveyed through a network of gravity pipes from individual homes to the Northgate Lift Station located along Rockport Street. Project build-out has been contemplated in the Wastewater Master Plans and will conform to its requirements including, but not limited to, payment of the wastewater impact fees. 8 159
Drainage: The storm water collection system, as proposed, utilizes a series of catch basins, valley gutters, and storm drain lines to convey runoff into the Saint Francis detention basin located to the north of the project. The basin contains peak flows while the Saint Francis pump station meters the discharge into the San Luis Canal. The design conforms to the City's Storm Drain Master Plan.
It should be noted that all City infrastructure has been sized to accommodate this potential development and will be built in accordance with the City's Utility Master Plans.
REIMBURSEMENT AGREEMENT - SEWER MAIN REPLACEMENT PROJECT The Northpointe at Regency Park Project is bisected by an aging and deteriorated sewer main that serves a portion of the City's wastewater collection system, and replacement of this segment is necessary for continued reliability and public health. The developer has elected to perform the construction of the sewer replacement project as part of its project improvements that will serves both this development and future growth areas of the City.
Key elements of the Reimbursement Agreement include:
• The developer will construct the required sewer main improvements within the project boundary.
• The City will reimburse the developer for eligible costs pursuant to Exhibit A of the agreement.
• The reimbursement structure ensures the sewer main replacement installation will be constructed in accordance the City's Final Kilometer Sewer Trunk Line Project plans, specifications, and City inspection requirements. • The City agrees under the terms of the Reimbursement Agreement to reimburse the developer for eligible actual costs not to exceed $1,495,000, which is the amount the City would have expended to complete the work as part of its broader sewer trunk line replacement program.
• The agreement establishes required construction standards, inspection provisions, warranty obligations, acceptance procedures, and the recording of a Public Utility Easement.
Approval of the agreement is necessary to support timely infrastructure construction and ensure the reliability of our sewer collection system.
PUBLIC COMMENT:
A public hearing notice was published in The Westside Express and notices were mailed out to property owners within a 300' radius of the project site on November 19, 2025. As of the date of this staff report, one comment letter was received by Grassland Water District (Attachment 9).
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Reviewed by:
Soknirorn Than, City Manager
Attachments:
1. Resolution -Addendum to EIR
Exhibit A: CEQA Findings
Min~~ Director
2. Villa Burano Area Plan Public Hearing Draft EIR Addendum
3. Villa Burano Area Plan EIR (SCH#200611135)
4. Resolution - GPA #2022-02 & ZC #2022-02
Exhibit A: CEQA Findings
Exhibit B: Findings for Approval
5. Resolution - FOP #2022-02
Exhibit A: CEQA Findings
Exhibit B: Findings for Approval
Exhibit C: Conditions of Approval
6. Resolution - Sewer Main Replacement Reimbursement Agreement
7. Draft Reimbursement Agreement
8. Northpointe at Regency Park Final Development Plan
9. Comment Letter - Grassland Water District
10. Public Hearing Notice - November 19, 2025
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING AN ADDENDUM
TO THE PREVIOUSLY CERTIFIED
ENVIRONMENTAL IMPACT REPORT (SCH
#2006011135) FOR THE VILLA BURANO AREA
PLAN RELATED TO THE NORTHPOINTE AT
REGENCY PARK PROJECT
WHEREAS, in 2008, the City of Los Banos certified the Villa Burano Area Plan Environmental Impact Report (EIR) (SCH #2006011135) in connection with the approval of the Villa Burano Area Plan; and
WHEREAS, the applicant, Stonefield Home, Inc., has submitted applications for development of approximately 114 acres known as the Northpointe at Regency Park Project, consistent with and implementing the Villa Burano Area Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City of Los Banos has prepared an Addendum to the Villa Burano Area Plan EIR in accordance with CEQA Guidelines Section 15164; and
WHEREAS, the Addendum demonstrates that the proposed Northpointe at Regency Park Project does not result in new significant environmental impacts, nor does it substantially increase the severity of impacts previously identified in the certified EIR; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 12, 2025 and recommended approval of the Addendum to the City Council; and
WHEREAS, a public hearing was duly noticed for Wednesday, December 3, 2025, in accordance with California Government Code Section 65091 by advertisement in the Westside Express and by mail to property owners within 300 feet of the project boundaries on Wednesday, November 19, 2025, to consider an Addendum to the previously certified EIR for the Villa Burano Area Plan related to Northpointe at Regency Park, and WHEREAS, on December 3, 2025, the City Council, after consideration of all written and oral testimony, finds that the Addendum to the Villa Surano Area Plan EIR is appropriate under CEQA Guidelines Section 15164
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Los Banos as follows:
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1 . The foregoing recitals are true and correct and are incorporated herein by this reference.
2. The City Council finds, based on the whole of the record before it, that the Addendum to the Villa Surano Area Plan EIR (SCH #2006011135) complies with CEQA Guidelines Section 15164.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby make the appropriate findings set forth in Exhibit A (CEQA Findings), attached hereto and incorporated herein by this reference, and recommends that the City Council adopt the Addendum to the Villa Surano Area Plan EIR for the Northpointe at Regency Park Project and associated Summary Table S-1.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of _ _ __ 20_, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR THE
NORTHPOINTE AT REGENCY PARK PROJECT - ADDENDUM TO THE VILLA SURANO AREA PLAN EIR (SCH #2006011135)
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the Addendum to the previously certified Villa Burano Area Plan EIR has been prepared in accordance with CEQA Guidelines Section 15164. The Addendum evaluates the Northpointe at Regency Park Project in relation to the certified EIR and demonstrates that no new significant impacts would occur and that no previously identified impacts would be substantially more severe than disclosed in the certified EIR.
2. The City Council finds that the Northpointe at Regency Park Project does not create new significant environmental impacts that were not previously addressed in the certified Villa Burano Area Plan EIR.
3. The City Council finds that the proposed project does not substantially increase the severity of environmental impacts previously identified in the certified EIR.
Updated analysis, including transportation, air quality, biological resources, and noise, confirms that environmental effects are consistent with those disclosed in the certified EIR.
4. The City Council finds that all mitigation measures adopted with the certified Villa Burano Area Plan EIR remain in effect for the Northpointe at Regency Park Project. • For Air Quality, Biology, and Noise, the City instructed the applicant to consult with the original environmental consultants who prepared the supporting technical studies.
• The applicant obtained memoranda of satisfaction from each applicable consultant confirming that the project satisfies the intent of the relevant mitigation measures.
• The mitigation measures for Air Quality, Biology, and Noise are therefore deemed satisfied, but not terminated, and remain part of the project's mitigation obligations under CEQA.
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5. The City Council finds that an Addendum, rather than a Subsequent or Supplemental EIR, is the appropriate CEQA document because:
1) There are no substantial changes to the project that require major revisions to the certified EIR.
2) There are no substantial changes in circumstances that warrant preparation of a Subsequent or Supplemental EIR.
3) No new information of substantial importance has arisen that would result in new significant impacts or more severe impacts than previously analyzed.
6. The City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the Addendum is based upon.
7. Prior to considering the proposed Project, the City Council considered the Addendum and supporting documentation.
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......... ■ J.B. --■--,, ANDERSON ■
- -
L AN D USE P LA N N I NG
Villa Burano Area Plan
Public Hearing Draft EIR Addendum
prepared by
City of Los Banos
Community and Economic Development Department
520 J Street
Los Banos, CA 93635
prepared with the assistance of
J.B. Anderson Land Use Planning
139 S. Stockton Avenue
Ripon, California 95366
November 2025
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VILLA BURANO AREA PLAN EIR ADDENDUM
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................................ I
1.0 INTRODUCTION ........................................................................................................................................ 4
1.1 BACKGROUND AND PURPOSE OF THE EIRADDENDUM .................................................................................... 4
1.2 BASIS FOR DECISION TO PREPARE AN ADDENDUM ........................................................................................... 5
2.0 PROJECT DESCRIPTION ......................................................................................................................... 7
2.1 PROJECT LOCATION ...................................................................................... .......................................................... 7
2.2 SURROUNDING LAND USES .................................................................................................................................... 7
2.3 SITE CHARACTERISTICS .......................................................................................................................................... 7
2.4 PROJECT CHARACTERISTICS AND DESCRIPTION ................................................................................................ 7 ENVIRONMENTAL ANALYSIS .......................................................................................................................... 15 LAND USE AND PLANNING ................................................... ............................................................ 17 TRANSPORTATION .......................................................................................................................................... 19 APPENDIX A- VESTING TENTATIVE TRACT MAP - NORTHPOINTE AT REGENCY PARK 24 APPENDIX B -TRAFFIC MEMORANDUM, DATED AUGUST 28, 2025, PREPARED BY 25
WOOD RODGERS
APPENDIX C • AMENDED TABLE S-1 OF VILLA BURANO AREA PLAN EIR 26 167
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VILLA BURANO AREA PLAN EIR ADDENDUM
1.0 INTRODUCTION
This Addendum was prepared in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. This document has been prepared to serve as an Addendum to the previously certified EIR (State Clearinghouse Number 2006011135) for the Villa Burano Area Plan (Original Project). The City of Los Banos is the lead agency for the environmental review of the proposed project modifications (Modified Project).
This Addendum addresses the proposed modifications in relation to the previous environmental review prepared for the Villa Burano Area Plan (VBAP) Project. CEQA Guidelines Section 15164 describes the circumstances that require preparation of an Addendum as:
The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record.
Information and technical analyses from the Villa Burano Area Plan EIR are utilized throughout this Addendum. Relevant passages from the Vila Burano Area Plan and EIR are cited and available for review at:
City of Los Banos
Community and Economic Development Department
520 J Street
Los Banos, California 93635
1.1 BACKGROUND AND PURPOSE OF THE EIRADDENDUM
In determining whether an Addendum is the appropriate document to analyze the proposed modifications to the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or Negative Declaration) states:
a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
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VILLA BURANO AREA PLAN EIR ADDENDUM
d) The decision-making body shall consider the addendum with the final EIR or adopt negative declaration prior to deciding on the project.
e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.
1.2 BASIS FOR DECISION TO PREPARE AN ADDENDUM
When an environmental impact report has been certified for a project, Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining whether a subsequent EIR, subsequent negative declaration, addendum, or no further documentation be prepared in support of further agency action on the project. Under these Guidelines, a subsequent EIR or negative declaration shall be prepared if any of the following criteria are met:
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(a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
{1J Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(AJ The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(BJ Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(CJ Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 170
VILLA BURANO AREA PLAN EIR ADDENDUM
(DJ Mitigation measures or alternatives which are considerably different from those analyzed in the previous EJR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) I/changes to a projector its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, and addendum, or no further documentation.
This EIR Addendum is being prepared as only minor changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. This EIR Addendum focuses solely on Land Use and Planning and Transportation, as the minor technical changes are focused on the Transportation Mitigation Measures certified in the original EIR.
No new significant environmental effects, no substantial increases in the severity of previously identified environmental effects, and no new information of substantial importance that would require major changes to the VBAP pursuant to CEQA Guidelines Section 15162(a) have been identified. Therefore, a Subsequent EIR is not warranted for this project.
The Modified Project would only require minor changes to the VBAP EIR to address the incremental change in impacts between development of the site with the previously proposed VBAP characteristics and development of the site as currently proposed. In general, it is anticipated that all impacts would remain the same under the Modified Project when compared to the Original VBAP previously analyzed in the VBAP EIR.
As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis), the proposed changes do not meet the criteria for preparing a subsequent EIR or negative declaration. An addendum is appropriate here because, as explained in Section 3.0, none of the conditions calling for preparation of a subsequent EIR or negative declaration have occurred.
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VILLA BURANO AREA PLAN EIR ADDENDUM
2.0 PROJECT DESCRIPTION
This section provides a detailed description of the proposed Modified Project. The reader is referred to Section 3.0 (Environmental Analysis) for the analysis of environmental effects of the proposed modifications in relation to the analysis contained in the previously certified VBAP EIR.
2.1 PROJECT LOCATION
The Project is located on the northeast side of Los Banos. The Project site is bounded by St. Francis Estates to the north, Northgate at Regency Park rI to the west, the Southpointe at Regency Park to the south, and the San Luis Canal to the east. Primary access to the future plan area development will be from Place Road, Dove Street, and Ward Road. Refer to Figure 1, Location Map.
2.2 SURROUNDING LAND USES
The table below provides the surrounding General Plan land use designations and zoning designations.
Table 1 - Surrounding Land Uses
General Plan Land Use Zoning Designation
Desiimations
North Low Density Residential R-1
South Low Density Residential R-1
East Ae:riculture/ Rural -
West Low Density Residential R-1
2.3 SITE CHARACTERISTICS
The Project site consists of raw undeveloped land, surrounded by residential development to the north, south, and west. The Project site also borders the San Luis Canal, which is located immediately east of the Project site.
2.4 PROJECT CHARACTERISTICS AND DESCRIPTION
The Villa Burano Area Plan EIR (Original Project) was certified by the City of Los Banos in 2006.
The Transportation Impacts and Mitigation Measures provided in this EIR were based upon a Traffic Impact Analysis prepared by KD Anderson & Associates, dated April 10, 2006.
Since the EIR was certified in 2006, the City received a Vesting Tentative Tract Map (VTTM) Application for the entire Villa Burano Area Plan. To supplement this application, the City received and evaluated an updated Traffic Analysis and Memorandum, prepared by Wood Rodgers, which serves to update the Traffic Impact Study prepared in 2006 and as analyzed in the Original Project EIR. Since 2006, existing conditions within this area of Los Banos have changed, necessitating a reevaluation of the VBAP impact on Transportation. In addition, since the VBAP EIR was certified, the City has completed a comprehensive update to its General Plan. This General Plan Update included a comprehensive evaluation of the City's transportation network and Citywide traffic analysis included as part of the General Plan EIR.
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VILLA BURANO AREA PLAN EIR ADDENDUM
Original Project
The Original Project provided below duplicates what is provided in the Villa Surano Area Plan EIR, dated June 28, 2006.
Annexation
The project site is comprised of three parcels: APNs 082-120-004, 082-120-008 and 082-120-033.
The smallest of the three parcels within the area plan, APN 082-120-004 at the north, is already within the city limits. The proposed project includes annexation of the remaining two parcels, totaling approximately 114.5 acres. The existing city limits border the project site to the north, south, and west.
General Plan Amendment, Pre-zoning, and Zone Change
General Plan Amendment. The proposed project includes amending the general plan land use designation for two acres of the project site from Low Density Residential to Neighborhood Commercial.
Pre-zoning and Zone Change. The proposed project includes pre-zoning the entire residential portion of the site currently within the unincorporated county to Planned Development (PD) and the commercial portion to Neighborhood Commercial (C-N). The proposed project also includes a zone change for the parcel currently within the city limits from Public Facilities (P-F) to Planned Development (PD).
Proposed Land Uses
The area plan consists of three parcels totaling about 117.80 acres. The proposed land uses include single-family residential, neighborhood commercial, and parks. Table 1, Proposed Land Use Summary, presents a breakdown of the land uses, acreages, units, and densities.
Table 2 - Proposed Land Use Summary
Use Acreage Units Density Percent of Site
Single-Family 59.9 244 4.1 lots/acre 50.8%
Residential (low
density)
Single-Family 33.9 390 11.5 lots/acre 28.8%
Residential
(medium density)
Park 10.7 n/ a n/ a 9.2%
Commercial 2.0 n/ a n/ a 1.7%
Ward Road 8.9 n/ a n/ a 7.5%
Canal 2.4 n/ a n/ a 2.0%
Totals 117.8 634 n/ a 100%
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lnfrastructu re
Circulation
VILLA BURANO AREA PLAN EIR ADDENDUM
The project site would be accessed primarily from north and south via Place Road and Ward Road and from the west via Dove Street. Secondary access points would include Regency Drive, Cardinal Street, and Quail Street. South of Dove Street, Place Road would be a major north/south collector street for the central and southern portion of the project site. North of Dove Street, Place Road would serve as the minor collector street for the northern portion of the project site. Ward Road is a planned arterial, and along Dove Street, forms part of the city's loop road. The neighborhood street system would reflect a radial grid. Curvilinear roads and short segments streets would provide traffic calming for the neighborhood. The proposed project also includes pedestrian pathways, bike paths, and bike lanes.
Potable Water
The project site is located immediately adjacent to existing city water distribution lines. The proposed project would be served by connecting to and expanding the existing city system.
Improvements to the system would be consistent with the city standards.
Sanitary Sewer
The proposed project would connect to the existing city collection system at Regency Drive and Place Road. The proposed project would include the installation of new eight-inch gravity pipelines throughout the project site. The downstream system includes a pump station at Regency Drive and Rockport Road. The pump station service area includes the project site.
Storm Drainage
The proposed project would connect to the existing city storm drainage system at Quail Street and Place Road. The Project is included in the existing service area of the St. Francis Estates storm drain system. The existing system includes a gravity pipeline from Quail Street and Place Road to the storm drain detention basin at the St. Francis Park area, north of the Place Road terminus. This basin discharges by pump into the San Luis Canal. The proposed project would install new gravity pipelines ranging in size from 18 inches to 36 inches.
Phasing
The proposed project would be phased over a four-to-five-year period with occupancy beginning in 2008, assuming water availability, wastewater treatment capacity, and building permit allocations. It is estimated that approximately 150 units per year would be constructed and it is anticipated that the development may be fully occupied by 2012.
Modified Project
The Modified Project provided below provides detail in which revisions to the Original Project are being proposed. Revisions are noted in the following: deleted text consists of strikethrough text while new text consists of underline text.
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VILLA BURANO AREA PLAN EIR ADDENDUM
Annexation
The project site is comprised of three parcels: APNs 082-120-004, 082-120-008 and 082-120-033.
The smallest of the three parcels within the area plan, APN 082-120-004 at the north, is already within the city limits. The proposed project includes annexation of the remaining two parcels, totaling approximately 114.5 acres. The existing city limits border the project site to the north, south, and west.
General Plan Amendment, Pre-zoning, and Zone Change
General Plan Amendment. The proposed project Modified Proj ect includes amending the general plan for land use designation for two acres of the project site from Lov,r Density Residential to Neighborhood Commercial to High Density Residential.
Pre zoaing aad Zone Change. The Modified proposed Project includes ~re-zonin~ the lands designated for Nei~hborhood Commercial to R-3, High Density Residential. All other zonin~ designations remain unchanged from what approved with the Original Project. the entire residential
portion of the site currently within the unincorporated county to Planned Development (PD) and the commercial portion to Neighborhood Commercial (C N). The proposed project also includes a zone change for the parcel currently within the city limits from Public f'.acilities (P F) to Planned Development (PD).
Proposed Land Uses
The area plan consists of three parcels totaling about 117 .80 acres. The proposed land uses include single-family residential, multi-family residential neighborhood commercial, and parks. Table 1, Proposed Land Use Summary presents a breakdown of the land uses, acreages, units, and densities under the Modified Project.
Table 2 - Proposed Land Use Summary
Use Acreage Units Density Percent of
Site
Single-Family 47.7~ 28144 5.9 4d lots/acre 40.3-&G,go/o Residential (low
density)
Single-Family 34.9 &.-9 262&90 7.5 -±--1--.a- lots/acre 29.6&8% Residential (medium
density)
Multi-Family 4.2 84 20 unitsLacre 3.5%
Residential (high
densitv1
Park 11. 6±-0-,.7 n/ a n/ a 9.8~%
Road Ri E!ht-of-Wav 17 - - -
Commercial bO Rf-a fl-I.a h7-%
Ward Road &-9 &fa &fa +.-&-%
Canal 2.4 n/ a n/a 2.0%
Totals 117.8 634 n/ a 100%
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Infrastructure
Circulation
VILLA BURANO AREA PLAN EIR ADDENDUM
The project site would be accessed primarily from north and south via Place Road and Ward Road and from the west via Dove Street. Secondary access points would include Regency Drive, Cardinal Street, and Quail Street. South of Dove Street, Place Road would be a major north/south collector street for the central and southern portion of the project site. North of Dove Street, Place Road would serve as the minor collector street for the northern portion of the project site. Ward Road is a planned arterial, and along Dove Street, forms part of the city's loop road. The neighborhood street system would reflect a radial grid. Curvilinear roads and short segments streets would provide traffic calming for the neighborhood. The proposed project also includes pedestrian pathways, bike paths, and bike lanes.
Potable Water
The project site is located immediately adjacent to existing city water distribution lines. The proposed project would be served by connecting to and expanding the existing city system.
Improvements to the system would be consistent with the city standards.
Sanitary Sewer
The proposed project would connect to the existing city collection system at Regency Drive and Place Road. The proposed project would include the installation of new eight-inch gravity pipelines throughout the project site. The downstream system includes a pump station at Regency Drive and Rockport Road. The pump station service area includes the project site.
Storm Drainage
The proposed project would connect to the existing city storm drainage system at Quail Street and Place Road. The Project is included in the existing service area of the St. Francis Estates storm drain system. The existing system includes a gravity pipeline from Quail Street and Place Road to the storm drain detention basin at the St. Francis Park area, north of the Place Road terminus. This basin discharges by pump into the San Luis Canal. The proposed project would install new gravity pipelines ranging in size from 18 inches to 36 inches.
Phasing
The proposed project would be phased over a four-to-five-year period with occupancy beginning in 2028, assuming water availability, wastewater treatment capacity, and building permit allocations. It is estimated that approximately 150 units per year would be constructed and it is anticipated that the development may be fully occupied by 2032.
Vestin& Tentative Tract Map
The Applicant Stonefield Home Inc .. has filed an application for a Vesting Tentative Tract Map [YTTM) for the area previously known as the Villa Burano Area Plan. The Pro posed Project. now commonly known as the Northpointe at Regency Park Subdivision. consists of 543 single-family residential lots, 4.23-acres set aside for future multi-family residential development (allowing up to 84 units). 5.10-acres of parkland, and a one (1) acre site set aside for a future fire station. The lllPage
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VILLA BURANO AREA PLAN EIR ADDENDUM
Proposed Project also include ancillary parcels (Lots D through H) that will include landscape and open space improvements in accordance with City standards.
The Proposed Project includes the extension of Ward Road, which runs north and south along the San Luis Canal corridor, Broadstone Drive, and Place Road. From the west. access to the Project site will be provided via Regency Drive, Dove Street. and Quail Street.
The proposed VTTM allows for development less than was previously approved under the Villa Burano Area Plan and EIR. A copy of the proposed VTTM is included in Appendix A. 12 I Page
177
Figure 1. Location Map
C
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VILLA BURANO AREA PLAN EIR ADDENDUM
I
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3.0 ENVIRONMENTALANALYSIS
This Chapter provides an analysis and cites substantial evidence that supports the City's determination that the Modified Project to the Original Project does not meet the criteria for preparing a subsequent or supplemental Negative Declaration under CEQA Guidelines Section 15162.
As discussed in Section 2.0, Project Description, the Modified Project includes revisions to the original approved Area Plan. As addressed in the analysis below, the Modified Project is not considered to be substantial changes to the Original Project evaluated in the previously certified EIR. The Modified Project will not cause a new significant impact or substantially increase the severity of a previously identified significant impact from the Original Project EIR (CEQA Guidelines Section 15162[a][l]) that would require major revisions to the EIR.
The Modified Project does not cause a new significant impact or substantially increase the severity of a previously identified significant impact, and there have been no other changes in the circumstances that meet this criterion (CEQA Guidelines Section 15162[a][2]). There have been no changes in the environmental conditions on the property not contemplated and analyzed in the EIR that would result in new or substantially more severe environmental impacts.
There is no new information of substantial importance (which was not known or could not have been known at the time of the application, that identifies: a new significant impact ( condition "A" under CEQA Guidelines Section 15162 [a] [3]); a substantial increase in the severity of a previously identified significant impact (condition "B" CEQA Guidelines Section 15162[a][3]); mitigation measures or alternatives previously found infeasible that would now be feasible and would substantially reduce one or more significant effects; or mitigation measures or alternatives which are considerably different from those analyzed in the EIR which would substantially reduce one or more significant effects on the environment (conditions "C" and "D" CEQA Guidelines Section 15162[a][3]). None of the "new information" conditions listed in the CEQA Guidelines Section 15162[ a] [3] are present here to trigger the need for a Subsequent or Supplemental EIR.
The following includes a detailed discussion of applicable impacts identified under the Original Project EIR in relation to the Modified Project. All impacts identified under the EIR have been determined to be no impact, less than significant or less than significant with mitigation. Mitigation Measures from the EIR that were adopted for the purposes of lessening an impact to the extent feasible are embodied in the EIR and suggested modifications to Mitigation Measures are embodied in this Addendum.
To confirm the applicability of the findings provided within the Addendum, the Modified Project as discussed in Section 2.0 above, has been evaluated for potential impacts to EIR. It was determined that the amendments would have no effect on the analysis in the EIR for the following environmental resources as there would be no change to the project area or overall construction activities. The amendments would not create any new or different impact to biological resources, recreation, cultural resources, geology and soils, mineral resources, agricultural resources, hydrology and water quality, air quality, climate, land use and planning, population and housing, utilities and service systems, recreation, noise, visual quality, hazards and hazardous materials, economics, or energy consumption, or contribute to cumulative impacts in these resource areas. Therefore, these resource areas are not further discussed in this Addendum:
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VILLA BURANO AREA PLAN EIR ADDENDUM
• Biological Resources
• Recreation
• Cultural Resources
• Geology and Soils
• Mineral Resources
• Agricultural Resources
• Hydrology and Water Quality
• Air Quality
• Climate
• Population and Housing
• Utilities and Service Systems
• Noise
• Visual Quality
• Hazards and Hazardous Materials
• Economics
• Energy Consumption
The following environmental resource areas may be affected by the Modified Project, and these resource areas have therefore been assessed in this Addendum:
• Land Use and Planning
• Transportation
The section below identifies the environmental topics addressed in the EIR, provides a summary of impacts associated with the Original Project, as described in the EIR, and includes an analysis of the potential impacts associated with the Modified Project when compared to the Original Project. 16 I Page
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VILLA BURANO AREA PLAN EIR ADDENDUM
LAND USE AND PLANNING:
New Less
Than
Significant Same
New With New Less Impact Less
Potentially Mitigation Than as Than in
Would the Proposed Significant Incorporated Significan Previous Previous Project/ Action: Impact Impact t Impact EIR EIR
a) Physically divide an X established community?
b) Cause a significant
environmental impact due to
a conflict with any land use
plan, policy, or regulation X
adopted for the purpose of
avoiding or mitigating an
environmental effect?
Original Project Analysis:
Impacts associated with Land Use and Planning were determined to be less than significant as part of the environmental review of the Original Project. Through the Notice of Preparation (NOP) process, the City determined that impacts associated with Land Use Planning were less than significant, and therefore, did not require further evaluation in the Original Project EIR.
Modified Project Analysis:
The Modified Project consists of a General Plan Amendment and Rezone to amend the area plan and accommodate High Density Residential (HOR) development. The Modified Project propose to remove 2.0 acres of land designated for Neighborhood Commercial land uses and replace it with
4.2-acres of land designated for HOR land uses. The assumed density for the HDR land use designation is twenty (20) units per acre.
The Modified Project wilJ not divide an established community. The Project site has been previously annexed into the City of Los Banos, and the City's 2042 General Plan designates the entire Project site for urban development. In addition, the Project site is not located in an area that would physically divide the City of Los Banos, or the surrounding neighborhood.
The proposed General Plan Amendment and Rezone support the following General Plan 2042 goals and policies:
• Housing Diversity: Provides 543 single-family lots of varying size and a multi-family site to accommodate a range of housing needs and market demands. • Neighborhood Connectivity: Integrates open space, a linear trail, and pedestrian 17 I P age
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VILLA BURANO AREA PLAN EIR ADDENDUM
circulation that connects to surrounding neighborhoods, Pacheco High School, and the broader community.
• Public Facilities: Dedicates land for parks, trails, and a future fire station, supporting public infrastructure and safety needs.
Because the proposed GPA and Rezone align with the City's long-term planning goals as defined in the General Plan 2042, the Modified Project will have the same impact as previously analyzed under the Original Project.
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TRANSPORTATION:
New Less
Than II
Significant Same
New With New Less Impact Less
Potentially Mitigation Than as Than in
Would the Proposed Significant Incorporated Significan Previous Previous Project/ Action: Impact Impact t Impact EIR EIR
a} Cause an increase in traffic,
which is substantial in
relation to the existing traffic X
load and capacity of the
street system.
b) Result in traffic operation
exceeding level of service X (LOS) D during the peak
hour.
c) Substantially increase
hazards due to design X features or incompatible
uses.
d) Result in inadequate X
emergency access.
e) Conflict with adopted
policies, plans or programs X supporting alternative
transportation.
Original Project Analysis:
Impacts associated with Transportation are discussed on Pages 2-91 through 2-101 of the Villa Burano Area Plan Draft EIR. The Original Project Analysis was supported by a Traffic Impact Analysis for the lakes Area Plan prepared by KD Anderson Transportation Engineers in April 2006.
The Traffic Impact Analysis included the following eight intersections:
1. Henry Miller Avenue/SR 165;
2. Quail Street/SR 165;
3. Dove Street/SR 165;
4. Santa Barbara Street/SR 165;
5. Overland Street/SR 165;
6. Willmott Avenue/SR 165;
7. Overland Road/Rockport Drive (planned); and,
8. Overland Road/Place Road (planned).
19 IP age
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VILLA BURANO AREA PLAN EIR ADDENDUM
The objective of the original project analysis is to maintain an overall level of service (LOS) C with LOS D for peak afternoon periods.
The Transportation analysis of the Original Project concluded that there were significant impacts to the following:
1. SR 165/Dove Street/Vineyard Drive.
2. Circulation Design Resulting in Potential Growth-Inducing and Safety Impacts.
Based on this determination, the certified EIR contains the following mitigation measures as it relates to Transportation:
• T-1: The Project developer shall be responsible for preparation of plans for a signal at the SR 165/Dove Street/Vineyard Drive intersection and construction of the signal prior to issuance or the first occupancy permit. The costs shall be credited against the developer's payment of the citywide traffic impact fees. • T-2: The applicant shall modify the area plan to include the following:
a. Installation of a roundabout meeting the requirements of the Fire Department at the intersection of Ward Road and Dove Street to slow traffic to 15 to 20 mph through the intersection;
b. Redesign of Ward Road as a two-lane street adjacent to the project site. Ward Road should transition from a four lane to a two-lane street in the area between the Overland Road intersection and the Villa Surano access; and,
c. Redesign of Place Road to provide appropriate access to the commercial site, and to replace physical traffic calming features with visual traffic-calming features. • CT-1: Project developers shall pay the appropriate fees, prior to the issuance of building permits, subject to review and approval by the Los Banos City Engineer; a. Pay into existing City of Los Banos traffic mitigation fee program for improvements in the City of Los Banos that are included in the program; b. Pay fair share for the required improvements in the City of Los Banos that are not included in the City of Los Banos traffic mitigation fee program; and, c. Contribute $30,000 (fair share of about $500,000) to Merced County toward the signalization of the SR 165 and Henry Miller Avenue. This amount is based upon the number of units and square footage of commercial uses in the proposed project evaluated in this EIR. If the number of units and/or the square footage changes, the cost should be adjusted accordingly.
Modified Project Analysis:
To accompany the VTTM referenced above, the Applicant submitted a Traffic Memorandum, dated August 28, 2025, prepared by Wood Rodgers. This Traffic Memorandum evaluated the Modified Project and the adopted transportation mitigation measures in the Original Project EIR. The following is a summary of the findings contained in the Traffic Memorandum, which can also be 20 I Page
185
VILLA BURANO AREA PLAN EIR ADDENDUM
reviewed in Appendix B of this EIR Addendum.
The purpose of preparing the above-referenced Traffic Memorandum was to evaluate Mitigation Measures T-1, T-2, and CT-1 and determine their applicability relative to Original Project approved in 2006 and the Modified Project as currently proposed by the Applicant. The analysis below provides a comparison of the traffic impacts associated with the Original Project and the Modified Project.
Original Project Findings versus Modified Project Findings:
SR 165 /Dove Street/Vineyard Drive Intersection:
The Original Project assumed that the west leg of the SR 165/Dove Street/Vineyard Drive intersection would be completed and connected to SR 165 by the Vineyard Subdivision before the Original Project was completed. However, the west leg of the SR 165/Dove Street/Vineyard Drive intersection is not currently complete and likely won't be constructed prior to construction of the Modified Project.
The Original Project assumed that the City of Los Banos would widen SR 165 to a four-lane facility near Dove Street by 2030 as fronting development occurred along the state highway.
The Original Project traffic analysis projected that the SR 165/Dove Street/Vineyard Drive intersection would operate at unacceptable LOS E/F under Existing Plus Project conditions.
However, an updated traffic analysis prepared for the Modified project projected that the SR 165/Dove Street/Vineyard Drive intersection would operate at acceptable LOS D under Existing Plus Project conditions.
The Original Project analysis is based on outdated assumptions, and the SR 165/Dove Street intersection is no longer projected to fail with the addition of trips created by the Modified Project.
Therefore, failing LOS is no longer a reason to install a traffic signal at the SR 165/Dove Street/Vineyard Drive intersection.
However, due to safety concerns and Caltrans collision data, the SR 165/Dove Street/Vineyard Drive intersection experiences higher than average crash rates. Construction of a traffic signal at this intersection could potentially reduce some of the existing collision types at the intersection by controlling the side street turning movements and reduce potential vehicular conflicts.
Based on the above, the Traffic Memorandum concludes that the Modified Project should pay its fair share contribution, without reimbursement from the City, towards the cost of installing a 4-leg traffic signal at the SR 165/Dove Street/Vineyard Drive intersection. Table 2, provided below, provides the Modified Project's fair share using the Caltrans fair share calculation methodology and traffic volumes generated by the Modified Project.
21 I Page
186
VILLA BURANO AREA PLAN EIR ADDENDUM
Table 2 - Project Fair Share Contribution Towards SR 165/Dove Street/Vineyard Drive Intersection Improvements
Peak Hour Existing Project Trips Cumulative Fair Share% Volumes Plus Project
Volumes
AM 881 55 1,399 10.6%
PM 1,063 77 1,613 14.0%
As presented in Table 2 above, the Modified Project's fair share contribution is 14.0% of the total intersection cost.
Based on the analysis above, Mitigation Measure T-1 should be revised to state as follows:
Proposed Revised Transportation Mitigation Measure T-1:
The Project developer shall be responsible for payment of a fair share contribution of 14% towards the intersection improvements of the SR 165/Dove Street/Vineyard Drive intersection. The scope of the intersection improvements and subsequent fair share contribution shall be limited to the following: roundabout and median improvements, roadway surfacing improvements, and lane striping and pedestrian crosswalk striping. The total cost estimate of the intersection improvements shall be agreed upon by the City and the Applicant prior to the approval and recordation of the Phase 3 Final Map. Additionally, the costs shall NOT be credited against the developer's payment of the Citywide traffic impact fees. Payment of the fair share contribution shall be made in one lump sum payment and occur prior to the approval of the Phase 3 Final Map.
Ward Road and Dove Street Roundabout:
The Original Project analysis recommended that the proposed internal Villa Burano intersection of Ward Road and Dove Street be improved with a roundabout. However, the Modified Project has been designed to remove this intersection. Rather, Ward Road now is proposed to turn west towards Dove Street where the previous Ward Road/Dove Street intersection previously existed.
Under the Modified Project, Ward Road intersects with Place Road. Therefore, there is no longer a need for a roundabout at the intersection of Ward Road and Dove Street.
Under the Modified Project, on-site circulation issues discussed in the Original Project EIR has either been eliminated or incorporated into the Modified Project's VTTM. Therefore, Mitigation Measure T-2 for the Original Project is no longer warranted. However, the City has requested the installation of active transportation elements. Therefore, it is recommended that Mitigation Measure T-2 be revised as follows:
Proposed Revised Transportation Mitigation Measure T-2:
The Project developer shall install active transportation design elements, which will consist of curb 22 I Page
187
VILLA BURANO AREA PLAN EIR ADDENDUM
bu/bouts at a minimum, to promote safer bicycle/pedestrian operations at the new Place Road/Ward Road/Dove Street intersection.
Fair Share Towards Identified Off-Site Improvements:
Mitigation Measure CT-1, as adopted under the Original Project, requires payment into the City's traffic mitigation fee program along with a financial contribution to Merced County towards the signalization improvements at the SR 165/Henry Miller Avenue intersection.
However, in 2019, the City prepared the City of Los Banos Development Impact Fee Justification Study, which lists general "intersection improvements and modifications" in the City in the Traffic Facilities Needs List Through 2038. Therefore, the signalization improvements referenced in Mitigation Measure CT-1 are now included in the City's Development Impact Fee program.
Under the Modified Project, payment of the applicable Traffic Impact Fees and contributing its fair share to Merced County towards the signalization of the SR 165 /Henry Miller Avenue intersection (if the County has a plan to fund and construct a traffic signal at this intersection).
Proposed Revised Transportation Mitigation Measure CT-1:
The Project would satisfy mitigation measure CT-1 by paying into the existing City of Los Banos traffic mitigation fee program and contributing fair share to Merced County toward the signalization of the SR 165/Henry Miller Avenue intersection (if the County has a plan to fund and construct a traffic signal at this location).
Based on the above analysis, Table S-1, as it is presented in the Original Project EIR, has been revised and is provided in Appendix C of this EIR Addendum. 23 IP age
188
VILLA BURANO AREA PLAN EIR ADDENDUM
Appendix A - Vesting Tentative Tract Map - Northpointe at Regency Park 24 I P age
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VILLA BURANO AREA PLAN EJR ADDENDUM
Appendix B - Traffic Memorandum, Dated August 28, 2025, Prepared by Wood Rodgers 25 I Page
197
Memorandum WClClD -RClDGER:S
To:
From:
Date:
Subject:
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
City of Los Banos Public Works Department
Mario Tambellini, PE, TE
August 28, 2025
Northpointe at Regency Park Subdivision - Villa Burano EIR Traffic Mitigation Measures
The Northpointe at Regency Park Subdivision Project (Project) is located in the City of Los Banos (City) between Westminster Way-Place Road and the San Luis Canal. The current Project proposes to develop 543 single-family residential unit lots and one 4.23-acre multifamily residential site. Based on maximum allowable density of 20 units per acre for the Medium-Density Residential designation stated in the City General Plan, the multifamily component of the Project is assumed to consist of 84 units. The Project was previously analyzed by the City under a different name (Villa Burano Area Plan) in 2006.
The Villa Burano Area Plan Draft Environmental Impact Report (DEIR) was prepared by EMC Planning Group, Inc. in June 2006, and the Final Environmental Impact Report (FEIR) was prepared in September 2006.
Relevant pages from the DEIR are included in Attachment A and Bat the end of this memorandum. The DEIR Transportation/Circulation section included three (3) Traffic Mitigation Measures to mitigate Villa Burano traffic impacts. The three (3) Traffic Mitigation Measures identified in the DEIR are listed below:
VILLA BURANO DEIR TRAFFIC MITIGATION MEASURES:
• T-1. The Project developer shall be responsible for preparation of plans for a signal at the SR 165 / Dove Street/ Vineyard Drive intersection and construction of the signal prior to issuance of the first occupancy permit. The costs shall be credited against the developer's payment of the city wide traffic impact fees.
• T-2. The applicant shall modify the area plan to include the following:
a. Installation of a roundabout meeting the requirements of the Fire Department at the intersection of Ward Road and Dove Street to slow traffic to 15 to 20 mph through the intersection;
b. Redesign of Ward Road as a two-lane street adjacent to the project site. Ward Road should transition from a four lane to a two lane street in the area between the Overland Road intersection and the Villa Burano access; and
c. Redesign of Place Road to provide appropriate access to the commercial site, and to replace physical traffic-calming features with visual traffic-calming features. • CT-1. Project developers shall pay the appropriate fees, prior to the issuance of building permits, subject to the review and approval by the Los Banos City Engineer:
a. Pay into the existing City of Los Banos traffic mitigation fee program for improvements in the City of Los Banos that are included in the program;
b. Pay fair share for the required improvements in the City of Los Banos that are not included in the City of Los Banos traffic mitigation fee program; and c. Contribute $30,000 (fair share of about $500,000) to Merced County toward the signalization of the SR 165 and Henry Miller Avenue. This amount is based upon the number of units and • I[ MEJS\Jr('' 1 of8
198
square footage of commercial uses in the proposed project evaluated in this EIR. If the number of units and/or the square footage changes, the cost should be adjusted accordingly.
Now that the Northpointe at Regency Park Subdivision (Project) is moving forward, there is a question on how Traffic Mitigation Measures T-1 and T-2 should be addressed by the Project. The following section evaluates each DEIR Traffic Mitigation Measure to see if they are still applicable and recommends ways for the Project to satisfy the conditioned mitigation requirements.
TRAFFIC MITIGATION MEASURE T-1: DESIGN AND CONSTRUCT A TRAFFIC SIGNAL AT SR 165/DOVE STNINEYARD DR
Villa Burano DEIR Findings vs. Northpointe L TA Findings The DEIR assumed that the west leg of the SR 165 & Dove Street/Vineyard Drive intersection would be completed/connected to SR 165 by the Vineyard Subdivision before the Project was complete (see Villa Burano Area Plan DEIR page 2-94: the first paragraph under "Road Improvement Assumptions"). However, the west leg of the SR 165 & Dove Street/Vineyard Drive intersection is not currently complete and likely won't be constructed before the Project is constructed.
The DEIR assumed that the City of Los Banos would widen SR 165 to a four-lane facility near Dove Street by 2030 as fronting development occurred along the state highway (see Villa Burano Area Plan DEIR page 3-6:
the second paragraph from the top of the page).
The DEIR traffic analysis projected that the SR 165 & Dove Street/Vineyard Drive intersection would operate at unacceptable LOSE/Funder Existing Plus Project conditions. However, a new Northpointe at Regency Park Subdivision Project Local Transportation Analysis (LTA) (Wood Rodgers, January 2024) was prepared which analyzed the currently proposed Project using latest available traffic data and assumptions. The LTA projected that the 3-leg SR 165 & Dove Street intersection would operate at acceptable LOS D under Existing Plus Project conditions.
The DEIR traffic analysis is based on outdated assumptions and the SR 165 & Dove Street intersection is no longer projected to fail with the addition of Project trips. Therefore, failing LOS is no longer a reason to install a traffic signal at the SR 165 & Dove Street/Vineyard Drive intersection.
However, as shown in the LT A, Caltrans collision data identifies higher than average existing "fatal plus injury" and "total" crash rates at the SR 165 & Dove Street/Vineyard Drive intersection. Since the LTA forecasts that the Project will add approximately 61 AM peak hour and 88 PM peak hour turning movements at the SR 165 & Dove Street/Vineyard Drive intersection, the Project may exacerbate the existing safety issue.
Construction of a traffic signal at the SR 165 & Dove Street/Vineyard Drive intersection could potentially reduce some of the existing collision types at the intersection by controlling the side street turning movements and reducing potential vehicular conflicts.
SR 165 & Dove StreetNineyard Drive Traffic Signal Improvement Assumptions The design of a signal at the SR 165 & Dove Street/Vineyard Drive intersection would need to accommodate the ultimate planned extension of Vineyard Drive (by the Vineyard Subdivision) and widening of SR 165 to four lanes (by the City), neither of which are conditioned to be designed nor constructed by the Project.
Extension of Vineyard Drive does not currently have a timeline. Widening of SR 165 is included in the MCAG 2022 Regional Transportation Plan (RTP)/Sustainable Community Strategy (SCS) programmed for Year 2035. Additional obstacles to the Project constructing a signal at this location include existing adjacent utility poles and a culvert directly to the west of SR 165, both of which will ultimately be relocated by the Vineyard Drive extension and SR 165 widening projects, as well as the fact that the Project does not own any of the right-of-way at the intersection in question.
The City and Fehr & Peers indicated in the Peer Review of Technical Memorandum: Northpointe at Regency Park Subdivision - Villa Burano EIR Traffic Mitigation (dated August 12, 2025) that the ultimate design for the intersection improvement at SR 165 & Dove Street/Vineyard Drive is currently being determined and at Regency '1 - Traffic Measure5 2 of8
199
updated based on an ongoing Caltrans improvement review process, and that a traffic signal or roundabout could ultimately be selected. The timeline for the Caltrans improvement review process is not known.
According to Traffic Mitigation Measure T-1 in the DEIR, the Project was originally conditioned to design and construct a signal at the SR 165 & Dove Street/Vineyard Drive intersection prior to issuance of the first occupancy permit, with the related costs to be credited against the developer's payment of the City-wide traffic impact fees. However, design and construction of the traffic signal by the Project before issuance of occupancy permits is no longer feasible due to the unknown timelines for the Caltrans improvement review process and planned extension of Vineyard Drive, as well as the long-term timeline for design and implementation of the widening of SR 165. In addition, there is no longer an operational deficiency projected at the SR 165 & Dove Street/Vineyard Drive intersection with the addition of Project trips, and so construction of a signal is no longer required before Project occupancy to maintain acceptable LOS. There is an existing safety /collision issue at the intersection as identified in the LT A. However, since the safety issue occurs under existing conditions and is not caused by the Project, it is typically acceptable for a project to pay fair share towards an improvement and not be required to implement the improvement.
Recommended Revised Mitigation Approach
Based on the above, it is recommended the Project pay a fair share contribution, without reimbursement by the City, toward the cost of installation of a 4-leg traffic signal at the SR 165 & Dove Street/Vineyard Drive intersection. Paying fair share toward a 4-leg traffic signal is recommended as a traffic signal is the physical mitigation measure defined in the DEIR. Table 1 presents the Project's fair share at the SR 165 & Dove Street/Vineyard Drive intersection using the Caltrans fair share calculation methodology and the future volumes contained in the LT A.
Table 1. Project Fair Share for Installation of a Traffic Signal at SR 165 & Dove Street/Vineyard Drive
Existing Project Cumulative
Peak Hour Plus Project Fair Share %1 Volumes Trips Volumes AM 881 55 1,399 10.6%
PM 1,063 77 1,613 14.0%
1Fair Share= Project Trips Added/ (Cumulative Volumes - Existin9 Volumes}, per Equation C-1 of Appendix B of the Ca/trans Guide for the Preparation of Traffic Impact Studies (December 2002).
As shown in Table 1, the Project could make a 14% fair share contribution towards the cost of constructing a future traffic signal at the intersection.
The benefits of this revised mitigation approach include the following:
• The ultimate intersection improvement at SR 165 & Dove Street/Vineyard Drive could be designed and constructed by the City and Caltrans on their timeline. • The Project would provide additional funding (without reimbursement) towards the ultimate intersection improvement which the City would not have received under the original DEIR Mitigation Measure T-1. This additional funding could be essential in covering the cost of a revised improvement design such as a roundabout, which could be substantially more expensive than a signal.
Traffic Signal Cost Estimate
Wood Rodgers prepared a planning level cost estimate for design and construction of a 4-leg traffic signal at the SR 165 & Dove Street/Vineyard Drive intersection based on recent costs for similar improvements. The estimated cost of a new 4-leg traffic signal is approximately $882,000. A detailed cost estimate is included as Attachment C.
Based on the estimated total cost of a traffic signal, the Project's fair share contribution would be $123,480.
Ne1 thpo1 1 e t lh•ger .. , PJr 1-. 3 of8
200
Proposed Revised Traffic Mitigation Measure T-1
The Project developer shall be responsible for payment of a fair share contribution of $123,480 towards the ultimate improvement of the SR 165 / Dove Street/ Vineyard Drive intersection prior to issuance of the first occupancy permit. The costs shall not be credited against the developer's payment of the City-wide traffic impact fees.
TRAFFIC MITIGATION MEASURE T-2: MODIFICATIONS TO THE AREA PLAN ROADWAYS Ward Road & Dove Street Roundabout
The DEIR traffic analysis recommended that the proposed internal Villa Burano intersection of Ward Road & Dove Street be improved with a roundabout. However, the Project site plan has changed substantially since that time, and the intersection of Ward Road & Dove Street no longer exists in the Project site plan. In the current Project site plan, Ward Road now turns west towards Dove Street where the previously proposed Ward Road & Dove Street intersection used to be. See Figures 1 and 2. Since the Ward Road & Dove Street intersection is no longer proposed in the current Project site plan, the Project would no longer be required to construct a roundabout at that location, and this portion of Mitigation Measure T-2 could be waived.
In the current Project site plan, as shown in Figure 2, Ward Road would form an intersection with Place Road and Dove Street. At the request of the City, this intersection was evaluated assuming all-way stop-control using Cumulative Plus Project AM and PM peak hour volumes derived from the LTA. Synchro 12 software and Highway Capacity Manual 7th Edition (HCM 7) methodology was used to determine level of service (LOS) and 95th percentile queues at the proposed intersection. Table 2 and Table 3 summarize Cumulative Plus Project peak hour LOS and 95th percentile queues at the proposed Place Road & Ward Road/Dove Street intersection under all-way stop-control.
Table 2. Cumulative Plus Project LOS at Place Rd & Ward Rd/ Dove St Intersection Control Peak Delay LOS Hour (s/veh)t
Place Rd & Ward All-Way Stop- AM 7.5 A
Rd/Dove St Control PM 7.6 A
1 For all-way stop-control, average intersection delay is reported in seconds per vehicle (s/ veh)
Table 3. Cumulative Plus Project 95th Percentile Queues at Place Rd & Ward Rd/Dove St Available 95th Percentile
Intersection Movement Storage Queue (ft)
(ft)l AM PM
NB 80 4 4
Place Rd & Ward SB 80 2 2
Rd/Dove St EB 180 4 10
WB 940 4 4
1Availab/e storage is the distance to the nearest cross street As shown in Table 2 and Table 3, the intersection is projected to operate at acceptable LOS A and would experience queues ofless than one vehicle length during the AM and PM peak hours under Cumulative Plus Project conditions. Synchro HCM 7 reports are contained in Attachment D. l'j]I flu 1 10 4of8
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Figure 1. Villa Burano Circulation Plan
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142
141
140
139
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202
Other On-Site Circulation Recommendations
The DEIR traffic analysis recommended that Ward Road be designed as a two-lane road adjacent to/within the Project site. The current Project site plan proposes Ward Road as a two-lane road. See Figure 3. Therefore, this portion of Mitigation Measure T-2 has been met by the Project.
The DEIR traffic analysis recommended that Place Road be redesigned to provide appropriate access for the commercial site in Villa Burano, and to eliminate the physical raised median, raised crosswalks, and other physical traffic calming features. The current Northpointe Project no longer includes commercial land uses.
The current Northpointe Project site plan does not propose any physical raised medians, raised crosswalks, or other physical traffic calming features on Place Road. Therefore, this portion of Mitigation Measure T-2 either no longer applies or has been met by the Project.
The current Project site plan has either eliminated all on-site circulation issues identified in the DEIR or incorporated and met the required transportation site plan changes. Therefore, Mitigation Measure T-2 is no longer relevant to the Project.
ltfST RW
Figure 3. Proposed Northpointe Project Cross Section for Ward Road 72'
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City Request for Active Transportation Design Elements
Q't
ex. D11w Ill).
The City and Fehr & Peers requested that the Project install active transportation design elements (curb bulbouts, etc.) to promote safer bicycle/pedestrian operations at the new Place Road & Ward Road/Dove Street intersection in the Peer Review of Technical Memorandum: Northpointe at Regency Park Subdivision - Villa Surano EIR Traffic Mitigation (dated August 12, 2025). Since the original Mitigation Measure T-2 is no longer relevant to the Project, as discussed above, it is recommended the Mitigation Measure T-2 be revised to reflect the City's latest request at the new Place Road & Ward Road/Dove Street intersection.
Proposed Revised Traffic Mitigation Measure T-2
The Project developer shall install active transportation design elements, which will consist of curb bulbouts at a minimum, to promote safer bicycle/pedestrian operations at the new Place Road & Ward Road/Dove Street intersection
TRAFFIC MITIGATION MEASURES CT- I: FAIR SHARE TOWARD IDENTIFIED OFF-SITE
IMPROVEMENTS
The current Project should pay into the existing City of Los Banos traffic mitigation fee program.
The following improvements in the City of Los Banos that were not included in the City of Los Banos traffic mitigation fee program at the time the DEIR was prepared were identified by the DEIR:
• Install Traffic Signal at SR 165 & Dove Street/Vineyard Avenue • Install Traffic Signal at SR 165 & Willmott Avenue
However, the City of Los Banos Development Impact Fee Justification Study (DT A, December 31, 2019) lists general "Intersection Improvements and Modifications" in the City in the Traffic Facilities Needs List Subdivision ~raffir Miti~ation Measures 6 of8
203
Through 2038. Therefore, the signals listed above should be included in the City's Development Impact Fee program, and the DEIR mitigation to pay into signals at these locations separately could be waived.
The current Project should contribute fair share to Merced County toward the signalization of the SR 165 & Henry Miller Avenue intersection, as stated in the DEIR, if the County has a plan to fund and construct a traffic signal at this location.
The Project would satisfy DEIR mitigation measure CT-1 by paying into the existing City of Los Banos traffic mitigation fee program and contributing fair share to Merced County toward the signalization of the SR 165 & Henry Miller Avenue intersection (if the County has a plan to fund and construct a traffic signal at this location).
CONCLUSION:
DEIR Mitigation Measure T-1
According to Traffic Mitigation Measure T-1 in the DEIR, the Project was originally conditioned to design and construct a signal at the SR 165 & Dove Street/Vineyard Drive intersection prior to issuance of the first occupancy permit, with the related costs to be credited against the developer's payment of the City-wide traffic impact fees. However, design and construction of the traffic signal by the Project before issuance of occupancy permits is no longer feasible due to the unknown timelines for the Caltrans improvement review process and planned extension of Vineyard Drive, as well as the long-term timeline for design and implementation of the widening of SR 165. In addition, there is no longer an operational deficiency projected at the SR 165 & Dove Street/Vineyard Drive intersection with the addition of Project trips, and so construction of a signal is no longer required before Project occupancy to maintain acceptable LOS. There is an existing safety/ collision issue at the intersection as identified in the LT A. However, since the safety issue occurs under existing conditions and is not caused by the Project, it is typically acceptable for a project to pay fair share towards an improvement and not be required to implement the improvement.
It is recommended the Project pay a fair share contribution, without reimbursement by the City, toward the cost of installation of a 4-leg traffic signal at the SR 165 & Dove Street/Vineyard Drive intersection. Paying fair share toward a 4-leg traffic signal is recommended as a traffic signal is the physical mitigation measure defined in the DEIR. Therefore, it is recommended that Mitigation Measure T-1 be revised to the following:
"The Project developer shall be responsible for payment of a fair share contribution of $123,480 towards the ultimate improvement of the SR 165 / Dove Street/ Vineyard Drive intersection prior to issuance of the first occupancy permit. The costs shall not be credited against the developer's payment of the City-wide traffic impact fees."
The benefits of this revised mitigation approach include the following:
• The ultimate intersection improvement at SR 165 & Dove Street/Vineyard Drive could be designed and constructed by the City and Caltrans on their timeline. • The Project would provide additional funding (without reimbursement) towards the ultimate intersection improvement which the City would not have received under the original DEIR Mitigation Measure T-1. This additional funding could be essential in covering the cost of a revised improvement design such as a roundabout, which could be substantially more expensive than a signal.
DEIR Mitigation Measure T-2
The current Project site plan has either eliminated all on-site circulation issues identified in the DEIR or incorporated and met the required transportation site plan changes. Therefore, the original Mitigation Measure T-2 is no longer relevant to the Project. However, the City has requested installation of active transportation design elements. Therefore, it is recommended that Mitigation Measure T-2 be revised to the following:
"The Project developer shall install active transportation design elements, which will consist of curb bu/bouts at a minimum, to promote safer bicycle/pedestrian operations at the new Place Road & Ward Road/Dove Street intersection"
Regency Park Subdivision Villa F.:lfl Measi-re~ 7 of8
204
DEIR Mitigation Measure CT-1
The Project would satisfy DEIR mitigation measure CT-1 by paying into the existing City of Los Banos traffic mitigation fee program and contributing fair share to Merced County toward the signalization of the SR 165 & Henry Miller Avenue intersection (if the County has a plan to fund and construct a traffic signal at this location).
at Regenq SuLdi ·1s·on 1i la itigatior Mea~ures 8 of8
205
ATTACHMENT A
PAGES FROM THE VILLA 8URANO DEIR
at Part: B1ir<1no Traffic
206
Low Density Single Family Residential
• Medium Density Single Family Residential
Medium Density Single Family Residential
• Neighborhood Commercial
• Park
0 650feet
Source: EMC Planning Group Inc. 2006, Orthophotos 1999, O'Dell Engineering 2005 Figure 6
••• ___________ P_ro~p~o_s_ed_ L_a_n_d_U_s_e_P_l_an_ Villa Burano Area Plan EIR 207
~ o'-iiiiiiiiiiiiiiiiiiiiiiiiiii 45iiiii o fe•et
- ARTERIAL STREET
- MAJOR COLLECTOR STREET
- MINOR COLLECTOR STREET
D LOCAL NEIGHBORHOOD STREET
111111r 111111
1\\111\\\- 1 1 I l I
Source: EMC Planning Group Inc. 2006, O'Dell Engineering 2005 Figure 13
••• __________ C_o_n_ce_p_ru_al_C_rr_cu_l_a_ti_o_n_P_la_n Villa Burano Area Plan EIR
208
Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
Noise Commercial noise Significant NS-3 If specific commercial uses are proposed Yes that have potential to cause significant
noise impacts at nearby noise-sensitive
receivers, a detailed and site-specific
acoustical analysis shall be prepared and
submitted to the city planning department
at the time of site plan review or use
permit application.
Noise Ground vibration Potentially NS-4 Prior to the issuance of grading permits, Yes during construction Significant the grading plan shall include the following language, "Large bulldozers,
loaded trucks, or heavy equipment which
causes significant ground vibration will not
operate closer than 50 feet to an occupied
residence."
Fire Development Significant FS-1 Prior to the issuance of building permits Yes beyond the fire the project proponent shall submit
response time radii specifications for the development of a fire substation that will serve the project area
subject to reimbursement agreements with
other benefiting developments.
Traffic Unacceptable level Significant T-1 The project developer shall be responsible Yes of service at SR for preparation of plans for a signal at the 165/Dove SR 165 / Dove Street I Vineyard Avenue
Street/Vineyard Ave intersection and construction of the signal prior to issuance of the first occupancy
permit. The costs shall be credited against
the developer's payment of the city wide
traffic impact fees.
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Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
Traffic Circulation design Significant T-2 The applicant shall modify the area plan to Yes resulting in potential include the following: installation of a growth-inducing and roundabout meeting the requirements of safety impacts the Fire Department at the intersection of Ward Road and Dove Street; the redesign
of Ward Road as a two-lane collector
adjacent to the project site; and the
redesign of Place Road to provide
appropriate access to the commercial site
and to replace physical traffic-calming
features with visual traffic-calming
features.
Sewer Impact on Significant WW-I Prior to issuance of a building permit for a Yes wastewater new use within any tentative tract map or
treatment capacity vesting tentative tract map within the plan area, or approval of development requiring
a site plan review or other discretionary
approval, the city shall require the fair
share participation of the developer in
defraying the costs of improvements
necessary to assure the provision of
adequate wastewater treatment plant
capacity, including new costs associated
with expansion of the wastewater
treatment plant beyond a capacity of 4. 9
million gallons per day.
The costs and financing method shall be
developed as a part of the city's ongoing
studv of wastewater infrastructure needs,
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Summary Villa Burano Area Plan EIR
Mitigated
Area of Impact Level of Mitigation Mitigation Measure to less than Concern Significance Number Significant
Level?
Traffic Unacceptable levels Significant CT-I Project developers shall pay the Yes of service at various appropriate fees prior to the issuance of intersections in Los building permits and subject to the review Banos and approval by the Los Banos City
Engineer.
Water Adverse cumulative Significant CWS-1 Prior to issuance of a building permit for a Yes Supply impact on water new use within any tentative tract map or quality vesting tentative tract map within the plan
area, or approval of development requiring
a site plan review or other discretionary
approval, the city shall require the fair
share participation of the developer in
defraying the costs of improvements
necessary to assure the provision of
potable water, including new costs
associated with provision of well-head
treatment or surface water acquisition.
The costs and financing method shall be
developed as a part of the city's ongoing
study of water infrastructure needs, which
will result in a water quality treatment
capital improvements program. The study
is expected to be completed in 2007. The
specific components of the water quality
treatment facilities are in the planning
stage at this time, but will likely include
well-head treatment facilities and may also
involve purchase of surface water rights
and conveyance and treatment facilities.
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2.0 Environmental Analysis Villa Burano Area Plan EIR
6. Willmott Avenue/ SR 165
7. Overland Road/ Rockport Drive (planned)
8. Overland Road/ Place Road (planned)
The City of Los Banos' objective is to maintain an overall level of service (LOS) C with LOS D for peak afternoon periods (general plan objective CU 2). Table 2 of the traffic impact analysis presents the existing AM and PM peak hours levels of service for the studied intersections. The studied intersections are currently operating at LOS C or better in the PM peak hour.
Project Analysis
This section evaluates the proposed project's effects on the existing setting. Approved; but not yet developed projects are evaluated in the cumulative projects scenario.
However; there are some roadway improvements that are expected to occur prior to development of the proposed project. The project analysis assumes the following roadway improvements are implemented prior to operation of the proposed project.
Road Improvement Assumptions
The Vineyard Subdivision west of SR 165 is currently completing the extension of Vineyard Drive to SR 165 and other pending development is constructing the extension of Overland Road to Ward Road. These projects include improvements at the following intersections.
SR 165 I Dove Street/ Vineyard Drive Improvements. The improvements to SR 165 being installed by the Vineyard Subdivision are intended to accommodate the eventual development of a five lane roadway on SR 165, but "interim" striping is proposed that will remain consistent with the current two lane road. Initially, the road will be striped to provide left tum lanes at the SR 165 / Vineyard Drive/ Dove Street intersection.
However, while proposed southbound right tum deceleration and acceleration lanes will be striped, the second southbound through lane will probably not be striped until such time as this lane is available in the area beyond the limits of this project.
SR 165 / Overland Road Signalization. This signalization will be accompanied by widening of SR 165. The intersection will be striped to provide separate left tum lanes on all approaches. Right turn lanes will be developed on SR 165, and a second through lane will be provided in each direction on the state highway. A separate right tum lane will be striped on westbound Overland Road.
In addition, the proposed project would extend Ward Road and Place Road northward to intersect with the eastward extension of Dove Street, which would also be constructed by the proposed project. Figure 13, Conceptual Circulation Plan, illustrates the proposed on-site circulation plan.
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2.0 Environmental Analysis Villa Burano Area Plan EIR
install the types of calming measures that are "visual" rather than physical. The alternative of installing special pavement materials at intersection on Place Road without a raised center is available.
Bicycle Plan
The proposed project includes creation of Class I (separated path) and Class II (on-street bicycle lanes) within the plan area. Class I bike paths are proposed along Place Road as far north as Dove Street and on Ward Road. Class II bike lanes are proposed around the park, on Dove Street and on Place Road north of Dove Street.
The proposed project shows joint bicycle - pedestrian paths on both sides of Place Road.
This path is shown to be 5 feet 8 feet wide. This satisfies current state guidelines that identify the minimum width for a one-way path as 1.5 meters.
Impacts and Mitigation Measures
Significant Impact - Unacceptable Level of Service at SR 165 / Dove Street / Vineyard Drive. Existing plus approved projects plus the proposed project would result in an unacceptable level of service at the SR 165 / Dove Street / Vineyard Drive intersection. This is considered a significant adverse environmental impact.
Implementation of the following mitigation measure would reduce this impact to a less than significant level.
T-1 The project developer shall be responsible for preparation of plans for a signal at the SR 165 / Dove Street I Vineyard Drive intersection and construction of the signal prior to issuance of the first occupancy permit. The costs shall be credited against the developer's payment of the city wide traffic impact fees.
Significant Impact - Circulation Design Resulting in Potential Growth-Inducing and Safety Impacts. The planned extension of Ward Road across the San Luis Canal could result in unplanned growth north and east of the canal. This unplanned growth could result in significant environmental impacts. In addition, the currently proposed twolegged intersection design at Ward Road/ Dove Street would likely result in safety issues.
The raised median proposed on Place Road presents potential access limitations because the width of a two-lane parkway is insufficient to accommodate u-tums at intersections.
This design would have an effect on access to the J?.roposed commercial site.
Implementation of the following mitigation measure would reduce this impact to a less than significant level.
T-2 The applicant shall modify the area plan to include the following:
a. Installation of a roundabout meeting the requirements of the Fire Department at the intersection of Ward Road and Dove Street to slow traffic to 15 to 20 mph through the intersection;
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Villa Burano Area Plan EIR 2.0 Environmental Analysis
b. Redesign of Ward Road as a two-lane street adjacent to the project site.
Ward Road should transition from a four lane to a two lane street in the area between the Overland Road intersection and the Villa Burano access; and
c. Redesign of Place Road to provide appropriate access to the commercial site, and to replace physical traffic-calming features with visual trafficcalming features.
2.13 Sewer Service
The analysis in this section is based upon the project description submitted by the applicant, the comments from the City of Los Banos Public Works Department, and the City of Los Banos General Plan and the City of Los Banos General Plan Program EIR.
Standards of Significance
CEQA Guidelines appendix G indicates that a project may have a significant effect on the environment if it would:
• exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board (RWQCB);
• result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments; and • require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.
Policy and Regulatory Issues
City of Los Banos General Plan
The general plan (page LU-11) requires area plans to include "complete infrastructure planning (roads, water, sewer, storm drainage, schools and other public services, etc.) which includes the entire area plan boundaries as established by the city in sufficient detail to determine how the proposed project will be served, responsibility for infrastructure development costs, timing of development, and how the proposed project would fit into the surrounding land regardless of property ownership".
In addition, the following general plan policies and programs are applicable to sewer service and the proposed area plan.
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3.0 Related Environmental Impacts Villa Burano Area Plan EIR Hazards and Hazardous Materials
The general plan EIR identifies potential risks from hazardous materials in soils, including the potential of exposure to agricultural chemicals. The proposed project would convert farmland into urban uses. There is the possibility that development could occur on contaminated soils. However, based on the analysis provided in the environmental site assessment, which included testing for residual agricultural pesticides, the proposed project would not be impacted by hazardous materials.
Therefore, the proposed project would not result in greater impacts to hazards and hazardous materials than were reported in the general plan EIR.
Noise
The general plan EIR concluded that buildout of the general plan would result in an increase in traffic related noise. Table 12-2 of the general plan EIR presents the noise standards for the city. To minimize traffic related noise, the general plan requires all new arterial and collector streets be designed and constructed with noise attenuation walls or other barriers (such as spatial separation between the noise source and sensitive receptors). The proposed project will contribute to the overall increase of traffic related noise evaluated in the EIR, and is generally consistent with the noise levels anticipated in that area of the city. Therefore, the proposed project would not result in greater impacts to noise levels than were reported in the general plan EIR. Implementation of mitigation measures, as presented in the noise section of the EIR, along with the general plan goals and policies related to noise impacts would result in less than significant cumulative noise impacts.
Police and Fire Protection
The general plan EIR concluded that there would be an increased demand for fire fighting services from buildout of the general plan. Future growth would affect the fire department's ability to provide adequate levels of fire suppression and protection services (page 14-31). This impact was identified as potentially significant, and several general plan policies were identified to mitigate the impact to a less than significant level. Approximately 25 percent of the project site is outside of the fire department's acceptable service area; however, with implementation of the mitigation measure in Section 2.10, Fire Protection, the proposed project would have a less than significant cumulative effect on fire services.
Transportation/Circulation
Cumulative Year 2007
(Existing Plus Approved Projects Plus Proposed Project) Conditions The year 2007 was used as the study year; however, it is not possible that all approved projects plus the proposed project would be constructed by the end of 2007. The proposed project is proposed to be phased over a four to five year period with occupancy 3-4 EMC Planning Group Inc.
215
Villa Burano Area Plan EIR 3.0 Related Environmental Issues beginning in 2008. It is estimated that approximately 150 units per year will be constructed and it is anticipated that the development will be fully occupied by 2012.
For this study scenario, all study intersections would operate at acceptable levels of service with the following exceptions:
1. SR 165 / Dove Street/ Vineyard Avenue. Very long delays (LOS F) would occur in the PM peak hour at the east bound left turn approach and the west bound approach at this intersection. With implementation of the approved projects (not including the proposed project), signal warrants would not be met.
However, with implementation of the approved project including the proposed projects, a signal would be warranted at this location. Therefore, the proposed project would be responsible for this signal. Please refer to Section 2.12, Transportation, for the required mitigation measure. Please refer to the traffic impact analysis in Appendix C for the full analysis.
2. Henry Miller Avenue/ SR 165. Very Long delays (LOS F) would occur in the PM peak hour at the west bound approach at this intersection. However, signal warrants would not be met, and therefore, the impact is considered less than significant.
3. SR 165 / Willmott Avenue. Very long delays (LOS F) would occur in the PM peak hour at the eastbound approach to this intersection. However, signal warrants would not be met, and therefore, the impact is considered less than significant.
The developer would be required to pay the citywide traffic impact fee toward cumulative development improvements to mitigate for the project's fair share of these transportation improvements.
Cumulative Long-term Scenario (General Plan Buildout 2030) The general plan EIR (1999) concluded that construction of the SR 152 bypass would mitigate the significant level of service impacts associated with buildout of the general plan in 2020. Caltrans has recently indicated that the bypass would not likely be constructed until after 2030. Therefore, the traffic analysis in the general plan EIR is not longer applicable. As a result Caltrans District 10 have requested that the "Cumulative - No Bypass" condition be assessed in Los Banos area traffic studies. Therefore the traffic impact report was prepared based upon an updated version of the city's general plan traffic model, and 2030 conditions without the bypass were developed. Please refer to the traffic impact analysis in Appendix C for the full traffic report, methodology, and analysis.
The proposed project would result in slightly different traffic volumes in the vicinity of the site than would development under current general plan designations. While the overall trip generation for the project site is greater under the proposed project, the development of non-residential uses in the midst of the growing north Los Banos area EMC Planning Group Inc. 3-5
216
3.0 Related Environmental Impacts Villa Burano Area Plan EIR would provide destinations for many of the trips generated by existing and future residences in this area. As a result, the volumes forecast for many roads near the project site are not appreciably higher with the proposed project. However the proposed project would result in a higher volume on Vineyard A venue and SR 165.
The City of Los Banos is incrementally widening SR 165 to a four lane facility as fronting development occurs along the state highway. By 2030 it is likely that the areas surrounding the study intersections will be developed and a four lane highway will be in place. This assumption is inherent to this cumulative scenario, as study area intersections are expected to operate at LOS F if the existing two lane highway were to remain.
Figure 7 in the traffic impact analysis (Appendix C of this EIR) presents 2030 cumulative AM/PM peak hour traffic volumes at study area intersections without the SR 152 bypass and with development of the project site at the density permitted under the General Plan. Figure 8 in the traffic impact analysis presents 2030 volumes assuming that the proposed project is constructed.
Table 9 in the traffic impact analysis presents resulting AM/PM peak hour levels of service for study intersections. For this analysis it has also been assumed that the SR 165 / Dove Street/ Vineyard Avenue intersection will be signalized under 2030 conditions.
Impacts to Signalized intersections. The SR 165 / Dove Street I Vineyard Avenue intersection is projected to operate at LOS D. This will satisfy the city's minimum level of service standard. The SR 165 / Overland Avenue intersection is projected to operate at LOS F with and without the proposed project. An eastbound right turn lane will eventually be needed to meet the City's LOS D standard. An eastbound right tum lane will eventually be needed to meet the City's LOS D standard. The proposed project should contribute its fair share to the cost of this imQrovement.
Impacts to unsignalized intersections on SR 165. The delays projected at unsignalized intersections on SR 165 will become relatively long in the future whether the proposed project is developed or not. Traffic signals are likely to be warranted at the following locations on SR 165:
I. SR 165 I Henry Miller A venue
2. SR 165 / Santa Barbara Street
3. SR 165 / Willmott Avenue
Review of forecast volumes indicates that, of these locations, the Henry Miller A venue and Willmott A venue intersections will be candidates for signalization. However, because the volume of traffic turning left from Santa Barbara Street onto northbound SR 165 is relatively low, a signal would not be recommended at this location. However, the city may wish to monitor this location to determine if signals are justified in the future and consider adding this location to the citywide fee program as part of the next update. 3-6 EMC Planning Group Inc.
217
Villa Burano Area Plan EIR 3.0 Related Environmental Issues The SR 165 / Henry Miller Avenue intersection is outside of the City of Los Banos, and the citywide fee program may not include a traffic signal at this location. If this is the case, the proposed project should contribute its fair share to the cost of improving this intersection based on its percentage of future traffic.
Impacts to intersections on City of Los Banos Streets. The forecast future traffic volumes on north Los Banos streets reflect the growth that is likely to occur whether the proposed project proceeds or not. As shown, levels of service at the two intersections on Overland A venue are within the city's LOS D standard.
Mitigation Summary
The proposed project should be responsible for participating in the cost of cumulative mitigation measures. The proposed project should contribute to the cost of signalizing intersections in Los Banos through the existing traffic mitigation fee program. In addition fair share contributions should be paid for any improvements not included in the fee program.
The city does not collect fees towards the cost of improving the SR 165 / Henry Miller Avenue intersection. Traffic generated by the proposed project (90 PM peak hour trips) represents six percent of the total traffic through the intersection in 2030 (1,400 PM. peak hour trips). Assuming that the intersection is widened to provide left tum lanes when signals are installed, the probable cost of signalization is likely in the range of $500,000.
The proposed project should contribute $30,000 to Merced County towards signalization of this location.
Implementation of the following mitigation measure would reduce the project's cumulative impact to a less than significant level.
Mitigation Measure
CT-1 . Project developers shall pay the appropriate fees, prior to the issuance ofbuilding permits, subject to the review and approval by the Los Banos City Engineer:
a. Pay into the existing City of Los Banos traffic mitigation fee program for improvements in the City of Los Banos that are included in the program; b. Pay a fair share for the required improvements in the City of Los Banos that are not included in the City of Los Banos traffic mitigation fee program; and c. Contribute $30,000 (fair share of about $500,000) to Merced County toward the signalization of the SR 165 and Henry Miller Avenue. This amount is based upon the number of units and square footage of commercial uses in the proposed project evaluated in this EIR. If the number of units and/or the square footage changes, the cost should be adjusted accordingly.
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ATTACHMENT B
APPENDIX C TRAFFIC IMPACT ANALYSIS OF THE VILLA SURANO DEIR 219
Appendix C
Traffic Impact Analysis
220
221
TRAFFIC IMPACT ANALYSIS
For
VILLA BURANO AREA PLAN I ANNEXATION
Los Banos, CA
Prepared For:
EMC Planning Group, Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Prepared By:
kdANDERSON Transportation Engineers
3853 Taylor Road, Suite G
Loomis, CA 95650
(916) 660-1555
April 10, 2006
2925-28
Villa Surano Los Dano,.rpl
222
TRAFFIC IMPACT ANALYSIS FOR
VILLA BURANO AREA PLAN/ ANNEXATION
Los Banos, CA
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................... 1 EXIST:IN'G SETT.:IN'G ............................................................................................................................................................................................................... , .................. 3 Existing Street and Highway System ....................................................................................... 3 Level of Service Calculation ..................................................................................................... 5 Current Levels of Service ......................................................................................................... 7 EXISTING PLUS PROJECT CONDITIONS ................................................................................ 9 Assumptions .............................................................................................................................. 9 Project Characteristics ...... : .......................................................................... .-........ .................... 9 Traffic Diversion to Vineyard D1ive ...................................................................................... 11 Existing Plus Villa Burano Impacts ....................................................................................... 11 YEAR 2007 EXIST:IN'G PLUS APPROVED PROJECTS CONDITIONS ............................... 15 Background Characteristics .................................................................................................... 15 Background Traffic Increases ............................................................................... .................. 15 Existing Plus Approved Projects - No Project Traffic Conditions ....................................... 18 Project Traffic hnpacts ............................................................................................................ 18 CU1VIULA TIVE IMPACTS ............................................................................................................. 22 Background .............................................................................................................................. 22 Traffic Volume Forecasts/ Level of Service ............................. ) ........................................... 23 SITE DESIGN ISSUES ..... -............................................................................................................. ;. 27 Ward Road Alignment. ........................................................................................................... 27 Place Road Alignment/ Design .............................................................................................. 28 Bicycle Plan ........................................ .................................................................................... 28 MITIGATIONS / DESIGN ISSUES ............................................................................................... 29 Existing Plus Project Conditions ............................................................................................ 29 Year 2007 Existing Plus Approved Projects Plus Villa Burano Conditions ......................... 29 Future (2030) Conditions ........................................................................................................ 29 Site.Design ........................................................... : .................................................................. 29 APPENDIX ........................................................................................................................................ 30 April l 0, 2006
223
INTRODUCTION
TRAFFIC IMPACT ANALYSIS FOR
VILLA BURANO AREA PLAN/ ANNEXATION
Los Banos, CA
This report summarizes kdANDERSON Transportation Engineers' analysis of the potential short term and long term traffic impacts associated with developing the Villa Burano Area Plan in the City of Los Banos. The proposed project involves development on approximately 125 acres within the Los Banos Sphere of Influence. The proposed project is located in the area east of State Route 165 immediately west of the San Luis canal north of Overland Road as shown in Figure 1.
This mixed use project combines residential uses (634 single family residences) with limited commercial uses (i.e., 2 acres of locally serving commercial). The project will replace site development under the General Plan which at average densities would yield development of 589 single family residences.
Pursuant to Caltrans' traffic study guidelines and instructions from the City of Los Banos, this study includes evaluation of existing, short term future and long term cumulative traffic conditions.
Existing traffic conditions are based on new traffic data collected for this study in the summer of 2005. In addition to Villa Burano, short term future conditions assume completion of other "approved" projects identified by the City of Los Banos. Long term cumulative traffic conditions are based on new traffic model runs that reflect build out of approved annexations throughout the City prior to completion of the SR 152 Los Banos Bypass.
Traffic Impact Analysis for Villa Burano Area Plan Annexation, Los Banos, CA (April JO, 2006)
Pagel
224
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Transportation Engineers
2925-28 4/12/2006
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VICINITY MAP
figure 1
225
EXISTING SETTING
Tiris report section describes current traffic volume levels and accompanying traffic operations on the roadways and intersections affected by development of the project. The text which follows documents the physical condition and capacity of the area circulation system. Tiris information is based on field survey conducted for this report, as well as review of published sources provided by Caltrans. Programmed, planned and/or identified improvements to each roadway have been noted.
Finally, existing Level of Service have been calculated using the procedures requested by Caltrans District 10.
Existing Street and Highway Svstem J<J4/v J ()) /J?;J)--- Streets. Various state highways, City of Los Banos streets and Merced County roads serve the northern Los Banos area today and will be used to reach Villa Burano. Regional access to Los Banos is provided by State Route 165, State Route 152, Henry Miller Avenue and Ingamar Grade. ~ Various City streets connect the site with the regional circulation system, including Nantes A venue, ond Street, Seventh Street, Overland Drive and Vineyard Drive. Locally, direct access to the r project propo ca on on an es venue, an secondary access will be available via two connections to the Vineyard Subdivision along the south side of the project site. Provisions have been made for future access to the east via tow additional local street connections.
Mercey Springs Road (SR 165). SR 165 is an Arterial road providing north / south circulation to the eastern portion of Los Banos. The highway also provides regional access to the north to SR 99 and the City of Turlock and to the south to an interchange on Interstate 5. Currently Mercey Springs Road is a two-lane road in the vicinity of the project. The roadway has been widened in other areas of Los Banos as local development has occurred, including improvements in the area immediately north of B Street and to a point immediately no1th of the commercial area along Pacheco Boulevard where a five-lane section has been developed. The road is ultimately planned to be a five-lane facility, and construction to this standard has been completed near the SR 152 intersection.
Because much of the area along SR 165 has already been developed, a plan line was developed several years ago to delineate the limits of improvements needed to accommodate the ultimate five lane section. The plan line notes the alignment of SR 165 as it "weaves' its way along development that already exists on the east side of SR 165 in the area of the proposed project and on the west side of SR 165 in the area immediately south of the Vineyard Subdivision.
Today SR 165 carries an Annual Average Daily Traffic (AADT) volume of about 17,100 immediately south of the SR 152 intersection and 16,200 immediately north of SR 152 (2004). The volume reported north of Overland Road is 10,700 ADT.
Dove Street is a two lane residential collector street that extends east from the SR 165 to serve an existing residential area located along the east side of SR 165. The Los Banos General Plan suggests that Vineyard Drive and Dove Street will eventually become part of the "loop road" Traffic Impact Analysis for Villa Burano Area Plan Annexation, Los Banos, CA (April 10, 2006)
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that circles the city and links Ward Road, Badger Flat Road and Pioneer Road. Dove Street will connect to Ward Road through Villa Burano. The most recent traffic counts available from the City of Los Banos indicate that Dove Street carries about 2,200 vehicles per day. (09/02) Vineyard Drive is an east-west collector street that is intended to link Nantes Avenue on the west with SR 165 on the east. The majority of Vineyard Drive has been constructed east of Nantes Drive as part of the Vineyard Subdivision, and the last segment of the roadway will be constructed with the remainder of that subdivision within the next years. An encroachment permit to complete the road and construct the Vineyard Avenue leg of the SR 165 / Dove Street intersection is currently being processed through Caltrans Quail Street is a local two lane street that extends easterly from SR 165 in the area immediately west of Villa Burano. Quail Street will be extended into the far northern end of the Villa Burano project. Quail Street carries about 250 vehicles per day.
Overland Road is an east-west arterial street that intersects SR 165 about 3,500 feet south of Dove Street. The City of Los Banos is currently pursuing a project to signalize this intersection, and intersection improvements to widen SR 165 through this intersection will accompany signalization. Other pending development is constructing easterly extensions of Overland Road to Ward Road
Henry Miller Avenue is an east-west Merced County road that intersects SR 165 about 6,400 feet north of the Dove Street intersection. This two lane road links SR 165 with the communities of Santa Nella and Volta to the west, and Henry Miller Road continues easterly beyond SR 165 for about 10 miles. The volume of traffic on this two lane road varies throughout with winter volumes of about 2,150 vehicles per day and daily volume reaching 3,500 vehicles per day during the tomato harvest season. (08/03)
Ward Road is a north-south arterial street that provides access to the developing eastern Los Banos area. Ward Road extends northerly from a signalized intersection on State Route 152 towards an intersection with Overland Road south of the project site. From that point Ward Road will swing to the northwest along the San Luis Canal through the Villa Burano site.
Ward Road is planned as a four lane facility, and the Los Banos General Plan envisions ward Road as part of a "loop" system that will circle the community. Pioneer Road, and badger Flat Road are other four lane parts of this "loop". However, the north leg of the :'loop" is less well defined, and by default, Dove Street and Vineyard A venue are fulfilling that function. Thus, the need to continue Ward Road beyond the Dove Street intersection, and the width of the road, are considerations of this traffic study.
Place Road is an important north-south collector street that is being incrementally developed in the area midway between SR 165 and Ward Road .. Ultimately Place Road will extend northerly from an intersection on Pioneer Road across State Route 152 to Overland Road. North of Overland Road the route will traverse the Villa Burano site before exiting the plan area at its Traffic Impact Analysis.for Villa Burano Area Plan Annexation, Los Banos, CA (April JO, 2006)
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northern end. Portions of Place Road have been constructed as development has proceeded, and the portion between San Luis Street and Overland Road is in place.
Rockport Drive is a local street that will link Overland Road with Place Road in the area adjoining Villa Burano. This two lane road intersects Overland Road immediately east of SR 165 and will continue on a diagonal alignment to Placer Road.
Intersections. Eight (8) intersections in the area of the proposed project have been included in this analysis. All of these locations are currently controlled by stop signs, although the City of Los Banos is currently pursuing a project to signalize the SR 165 / Overland Road intersection. Study area intersections include:
1. Henry Miller A venue/ SR 165
2. Quail Street/ SR 165
3. Dove Street/ SR 165
4. Santa Barbara Street/ SR 165
5. Overland Road/ SR 165
6. Willmott Avenue/ SR 165
7. Overland Road / Rockport Drive (planned)
8. Overland Road/ Place Road (planned)
Level of Service Calculation
To quantitatively evaluate traffic conditions and to provide a basis for comparison of operating conditions with and without project generated traffic, "Levels of Service" were calculated for study intersections. "Level of Service" (LOS) is a quantitative measure of traffic operating conditions whereby a letter grade "A" through "F" is assigned to an intersection or roadway segment. LOS "A" through "F" represents progressively worsening traffic conditions. The characteristics associated with the various LOS for intersections are presented in Table 1. LOS "A", "B" and 11C11 are considered satisfactory to most motorists, while LOS 11D" is marginally acceptable. LOS "E" and "F" are associated with increased congestion and delay. The City of Los Banos assumes that LOS D is the minimum Level of Service standard
Methodology for Intersection Levels of Service. For unsignalized intersections, gap acceptance and corresponding delay are used to quantify Level of Service, and the procedures used for calculating unsignalized intersection Level of Service are presented in the 2000 Highway Capacity Manual. Levels of Service at unsignalized intersections which are controlled by side street stop signs are indicative of the magnitude of the delay incurred by motorists waiting to turn at the intersection. Levels of Service are defined with respect to delay at individual approaches which must yield the right of way. Delay thresholds are as identified in Table 1. Because these calculations ignore the condition of through traffic flow (which is assumed to proceed freely), a supplemental traffic signal warrant analysis is also perfmmed to determine the significance of impacts.
Traffic Impact Analysis for Villa Burano Area Plan Annexation, Los Banos, CA (April JO, 2006)
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While the unsignalized Level of Service may indicate very long delays (i.e., LOS "E"), traffic conditions are generally not assumed to be unacceptable unless signal warrants are satisfied.
Meeting signal warrants further indicates that an intersection operates unsatisfactorily, but does not indicate that installation of a signal is the only improvement alternative. It is often possible to reduce intersection delays with additional lanes or improved geometrics. The signal warrant criteria employed for this study are those presented in the California Supplement to the Manual on Uniform Traffic Control Devices.
Various software programs are available to calculate Levels of Service that are predicated on the techniques contained in the 2000 HSM. Cal trans District 10 has requested that the SYNCRO - SimTraffic simulation program be employed to evaluate conditions on state highways. The HCM 2000 procedures used to calculate Levels of Service on City streets are inherent to the TRAFFIX assignment tool.
TABLE 1
LEVEL OF SERVICE DEI?JNITIONS
Level of
Service Signalized Intersection Unsignalized Intersection Roadway (Daily) "A" Uncongested operations, all queues Little or no delay. Completely free flow. clear in a single-signal cycle. Delay:::: 10.0 sec/veh
Delay< 10.0 sec
"B" Uncongested operations, all queues Short traffic delays. Free flow, presence of other clear in a single cycle. Delay > 10 sec/veh and :::: 15 vehicles noticeable.
Delay> 10.0 sec and< 20.0 sec sec/veh
"C" Light congestion, occasional backups Average traffic delays. Ability to maneuver and on critical approaches. Delay> 15 sec/veh and ~ 25 select operating speed Delay> 20.0 sec and< 35.0 sec sec/veh affected.
"D" Significant congestions of critical Long traffic delays. Unstable flow, speeds and approaches but intersection Delay > 25 sec/veh and ~ 35 ability to maneuver functional. Cars required to wait sec/veh restricted.
through more than one cycle during
short peaks. No long queues fonned.
Delay> 35.0 sec and< 55.0 sec
"E" Severe congestion with some long Very long traffic delays, failure, At or near capacity, flow standing queues on critical extreme congestion. quite unstable. approaches. Blockage of intersection Delay > 35 sec/veh and ~ 50 may occur if traffic signal does not sec/veh
provide for protected turning
movements. Traffic queue may block
nearby intersection( s) upstream of
critical approach(es).
Delay> 55.0 sec and< 80.0 sec
"F" Total breakdown, stop-and-go Intersection blocked by external Forced flow, breakdown. operation. Delay> 80.0 sec causes. Delay > 50 sec/veh
Sources: 2000 Highway Ca2aci!Y Manual, Transportation Research Board (TRB) Special Report 209.
Traffic Impact Analysis for Villa /3urano Area Plan Annexation, Los Banos, CA (April J 0, 2006)
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Current Levels of Service
Peak hour Levels of Service were calculated for the three study intersections on SR 165 (Refer to Appendix for calculation worksheets) under "Existing - No Project" conditions illustrated in Figure
2. These. traffic volumes were observed in July 2005 and represent conditions occurring during the seasonal tomato harvest season.
As shown, the delays occurring today at the study intersections are indicative of LOS D or better conditions on each approach. Peak hour traffic signal warrants are not met at any of these locations.
TABLE2
EXISTING INTERSECTION LEVELS OF SERVICE
A.M. Peak Hour
Average
Location Control Delay LOS
1. Henry Miller Avenue / SR 165 EB/WB
NB left turn Stop 1.7 sec A
SB left tum 0.3 sec A
EB left+through+right tum 14.2 sec B
WB left+through+right tum 16.0 sec C
2. Quail Street/ SR 165
SB left turn WB Stop 0.1 sec A
WB left+right turn 15.7 sec C
3. SR 165 / Dove Street WB Stop
SB left tum 0.4 sec A
WB left+right tum 19.7 sec C
4. SR 165 / Santa Barbara Street EB Stop
NB left turn 1.1 sec A
EB left+right tum 14.9 sec B
5. Overland Road / SR 165 Signal 8.6 sec A
6. Willmott Avenue/ SR 165 EB Stop
NB left tum 1.2 sec A
EB left+right tum 17.2 sec C
Traffic Impact Analysis for Villa Surano Area Plan Annexation, Los Banos, CA (April I 0, 2006)
P.M. Peak Hour
Average
Delay LOS
1.8 sec A
0.3 sec A
16.l sec C
20.6 sec C
0.1 sec A
13.3 sec B
0.6 sec A
20.3 sec C
2.0 sec A
19.7 Sec C
10.3 sec B
1.4 sec A
17.1 sec C
Traffic Signal
Warranted?
No
No
No
No
Signal
Pending
No