1.1.10 Verra Mobility shall take commercially reasonable best efforts to repair a non-functional System within seventy-two (72) hours (excluding weekends and holidays) of determination of a malfunction.
1.2 VERRA MOBILITY OPERATIONS
1.2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of this Agreement and the City’s Business Rules.
1.2.2 If a warning period is required before a Camera System may be used to issue Citations, Verra Mobility shall provide City with a one-time warning period up to thirty (30) days per Camera System in length following the installation and activation of the Camera System. City shall not be charged a fee for the warning period; however for any warning period exceeding thirty (30) days, City shall be responsible for the normal monthly Fee.
1.2.3 Verra Mobility shall provide City with access to the BOS, including image processing, and printing and mailing of up to six (6) letters/ notices in support of Citation issuance and escalation. In the case of a transfer of liability by the Owner, the BOS shall be setup to mail a Citation to the driver identified in the affidavit of non-liability or identified by a rental car company. Costs of certified mailings are priced separately and paid by City to Verra Mobility as indicated in EXHIBIT A.
1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first class or other mail means for additional compensation to Verra Mobility as agreed upon by the parties.
1.2.5 Verra Mobility shall apply an electronic signature, name, or badge number to the Citation as authorized in the City’s Business Rules.
1.2.6 Verra Mobility may make non-substantive formatting or incidental changes to the Citation form without approval by City.
1.2.7 Verra Mobility shall seek records from vehicle registration databases reasonably accessible to Verra Mobility through its limited agent relationship with City and use such records to assist City in processing Citations. . Verra Mobility may mail Citations to the address of the Owner obtained through the DMV, obtained through the National Change of Address (NCOA) database provided by the United States Postal Service, if allowed by law, or obtained through other means including but not limited to skip tracing, if allowed by law. Verra Mobility reserves the right to pass-through to City any cost increases imposed on Verra Mobility by DMV data sources.
1.2.8 The BOS shall provide City with the ability to run and print standard system reports. Verra Mobility provides a suite of standard program reporting at no charge to clients with active Programs. Upon notice to City, Verra Mobility reserves the right to modify the suite of standard program reporting available to City, so long as such change applies generally to Cities with similar programs. Customized reporting services are available upon written request. The fee for such services shall be mutually agreed upon.
1.2.9 During the twelve (12) month period following the installation or deployment of the first Camera System, upon Verra Mobility’s receipt of a written request from City at least fourteen (14) calendar days in advance of a court proceeding, and if required by the court or prosecutor, Verra Mobility shall provide City with or train a City provided local expert witness to testify
ATTACHMENT D
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in court on matters relating to the accuracy, technical operations, and effectiveness of the Camera System or the BOS until judicial notice is taken. City shall use its best efforts to obtain judicial notice as soon as possible. If a Verra Mobility expert witness is required more than two (2) times during the twelve (12) month period, City shall reimburse Verra Mobility for any reasonable time and travel costs incurred for the additional dates.
1.2.10 In those instances where damage to a System (or sensors where applicable) is caused by (i) negligence on the part of Verra Mobility or its authorized agent(s), Verra Mobility shall bear the cost of repair or (ii) negligence or recklessness on the part of a driver or severe weather or other Force Majeure events, Verra Mobility and City shall bear the cost of repair equally with City reimbursing Verra Mobility for its portion of the cost of repair. For all other causes of damage, including road construction, City negligence, etc. City shall reimburse Verra Mobility for the cost of repair.
1.2.11 Verra Mobility shall provide a help-line to assist City with resolving any problems encountered regarding its Camera System and/or the BOS. The help-line shall function during Business Hours.
2. CITY SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 Within seven (7) business days of the Effective Date of this Agreement, City shall provide Verra Mobility with the name, title, mailing address, email address and phone number of all City stakeholders, including:
o A project manager with authority to coordinate City responsibilities under this Agreement;
o The police contact;
o The court contact;
o The person responsible for overseeing payments by violators (might be court); o The prosecuting attorney;
o The City Attorney;
o The finance contact (who receives the invoices and will be in charge of reconciliation); o The IT person for the police;
o The IT person for the courts;
o The public works and/or engineering contact responsible for issuing any/all permits for construction; and
o Court manager responsible for oversight of all Court-related program requirements.
2.1.2 The City and Verra Mobility shall complete the Project Time Line within sixty (60) calendar days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties. City shall make every effort to adhere to the Project Time Line.
2.1.3 As requested from time to time by City, Verra Mobility will provide City with a mock-up of the Citation and other notices within fifteen (15) days of a completed Business Rules Questionnaire. City shall review the Citation and other notices to ensure conformity with the Laws applicable to City. Except as outlined in Section 1.2.6, Verra Mobility shall not implement changes to the Citation or other notices without City’s prior review and sign-off.
City is responsible for the content of its Program notices, including but not limited to Citations.
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Item 7.5
Mountain House Page 133 of 545
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2.1.4 City is responsible for establishing and maintaining all payment processing with the court.
2.1.5 City shall direct the law enforcement agency to execute the Verra Mobility DMV Services Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide verification to the National Law Enforcement Telecommunications System (NLETS) indicating that Verra Mobility is acting on behalf of the City for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b)(1). Access to registered owner information through National Law Enforcement Telecommunications System (NLETS) requires City to provide Verra Mobility with a unique City ORI. In order to access certain state departments of motor vehicles records directly (not through NLETS), agreements or applications directly between City and the state DMV may be required by City, including agreements requiring City to comply with certain permissible use, privacy, and security requirements of the applicable state department of motor vehicle. If required, City shall execute such agreements or applications with, participate in audits by, or provide certifications to state department of motor vehicles. If City requires Verra Mobility to access registered owner information from sources other than NLETS or direct through a state DMV, accessible to Verra Mobility at no cost, additional fees will apply.
2.1.6 City shall prepare, execute, update, and maintain the Business Rules for implementation and operation of the Program. City’s failure to timely prepare the Business Rules may impact the Project Time Line or compliance of City’s Program with applicable laws. Verra Mobility shall not be liable for City’s failure to update and maintain the Business Rules. To the extent that there is a conflict between the Business Rules and Agreement, the Agreement shall govern.
2.1.7 City is responsible for notifying Verra Mobility of any local legislative and/or ordinance changes in writing within forty-eight (48) hours of the first read of the proposed legislation.
Verra Mobility will not be responsible for complying with any change in applicable local law, until such time as Verra Mobility has been notified by City in writing of the change in Law and, if applicable, City’s Business Rules have been updated by City. In the event of a change in Law, excluding a change in City’s local law, which would increase the cost of Verra Mobility’s provision of the Services, Verra Mobility may propose a Fee increase to City. If the parties cannot mutually agree on the Fee change, Verra Mobility may terminate this Agreement. In the event of a change in or adoption of a local law of City, which would increase the cost of Verra Mobility’s provision of the Services, Verra Mobility shall provide City with a Fee increase consistent with Verra Mobility’s increased operating cost, and City shall be obligated to pay such increased Fees.
2.1.8 City is responsible for all final jurisdictional issues, including but not limited to as they pertain to issuance of Citations, adjudication of Violations, and intergovernmental authorities.
2.1.9 Once a Notice to Proceed is granted to Verra Mobility in writing, City shall not issue a stop work order to suspend activity on the implementation process, unless City reimburses Verra Mobility for costs incurred up to the date the stop work order is issued.
2.1.10 City will comply with all applicable Laws relating to its conduct with respect to the Program.
City shall not use the Camera Systems, the BOS, or the data captured by the Camera Systems or provided by NLETs or DMV data source providers for any purpose not permitted by Law.
2.1.11 Once a Camera System is installed and certified by Verra Mobility as operational, it shall be immediately put into service at the next available enforcement period or as otherwise mutually agreed to by the Parties.
ATTACHMENT D
Item 7.5
Mountain House Page 134 of 545
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2.1.12 City shall process each Event in accordance with state law and/or municipality ordinances within three (3) business days of its appearance in the law enforcement review queue, using the BOS to determine which Events constitute Violations that will be issued as Citations. In the event that City fails to process Events within this timeframe, Verra Mobility shall not be liable for failure of the BOS to allow City to issue a notice or Citation within statutory timeframes.
2.1.13 In the event that remote access to the BOS is blocked by City network security infrastructure, City’s Department of Information Technology shall coordinate with Verra Mobility to facilitate appropriate communications while maintaining required security measures.
2.1.14 City shall be responsible for any reporting obligations that it has to any state or other regulatory body with respect to its operation of the Program or the payment of Citations.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 All Fixed Camera Systems are intended to remain installed for the duration of the Agreement.
If City requests that Verra Mobility move a Fixed Camera System after initial installation, City shall pay for the total cost to relocate the System.
2.2.2 If a construction or improvement project requires an installed Camera System to be deactivated or requires a Camera System, including imbedded sensors, to be moved or removed, City shall pay a reduced monthly fee of $2,500 per month for the deactivated Camera System during the time the Camera System is deactivated and pay any costs incurred by Verra Mobility for removing, and if applicable reinstalling, the System. If the System shall be reinstalled after project is completed, in lieu of paying the reduced monthly Fee while Camera System is deactivated City may instead elect through a Change Order, or other written modification to the Agreement, to extend the current term of the Agreement for the time period the Camera System was deactivated.
2.2.3 Prior to the installation of any System, City shall provide Verra Mobility information regarding any and all road construction or improvement projects scheduled during the term of this Agreement for any Approach designated for System installation. In addition, within thirty (30) days of becoming aware of anticipated construction that may result in the deactivation or removal of a System or otherwise impact an Approach during the term of this Agreement, City shall notify Verra Mobility of any such construction.
2.2.4 City will design, fabricate, install and maintain camera warning signs required by Law for purposes of operating the Program. If City cannot provide such signage, Verra Mobility will do so, and City shall reimburse Verra Mobility for such costs. Even if Verra Mobility provides such signage, City shall remain responsible for maintaining such signage in compliance with applicable Laws. City is responsible for determining the placement/location of signs in compliance with applicable Laws.
2.2.5 City understands that proper operation of the Red Light Camera Systems requires access to traffic signal phase connections. City, therefore, shall provide access to traffic signal phase connections according to approved design. When traffic signal phase connections are not under the jurisdiction of City, it shall be City’s responsibility to negotiate agreements with the owner or maintaining agency of the traffic signal controller and infrastructure in order to provide the required access to said phase connections and infrastructure and any costs associated with needed agreements shall be funded by City.
ATTACHMENT D
Item 7.5
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2.2.6 City understands that proper operation of the Red Light Camera System sometimes requires attachment of certain items of detection equipment to existing signal masts, mast arms and/or other street furniture. City, therefore, shall provide access to Verra Mobility to attach certain items of detection equipment to existing signal masts, mast arms and / or other street furniture if required for the proper operation of the System.
2.2.7 City shall allow Verra Mobility to access power from existing power sources at no cost and, if applicable, shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each System within City’s jurisdiction. If these items are not made available, the costs of any additional conduit or power infrastructure needed to support installation of the Camera System shall be funded by City. Verra Mobility may agree to cover these upfront costs and separately bill City through the monthly invoice over a period not to exceed one year. If existing power sources are not immediately available, City will allow Verra Mobility to use temporary power until the existing power is established. In situations where it is not possible to obtain electrical power from a pre-existing source, City shall bear the costs (or reimburse Verra Mobility) for obtaining/routing power. When access to power facilities is not under the jurisdiction of City, it shall be City’s responsibility to negotiate any necessary agreements with the owner or maintaining agency of the power facility and infrastructure in order to provide required access to said power facilities and infrastructure.
Any costs associated with the needed agreements shall be funded by City.
2.2.8 City shall approve or reject site plans submitted Verra Mobility within seven (7) business days of receipt. City shall use best efforts to ensure that the total duration between submittal and finalization does not exceed ten (10) days for plan approvals when plans are being reviewed and permitted by any state, county, and/or local agencies.
2.2.9 City, or any department of City, shall not charge Verra Mobility or its subcontractor(s) for building, construction, electrical, street use and/or pole attachment permits, including any fee for traffic control services and permits during installation or maintenance of a System. City shall also apply for, when in City’s name, or coordinate the application for, when in the name of a City agency, school, or school district, and fund any and all needed state, local, and/or county permits, including any traffic control permits.
2.2.10 City shall issue all needed permits to Verra Mobility and its subcontractor(s) within three (3) business days of plan approval. City shall provide its best efforts to aid in achieving these timeframes for permit issuance when permitted by any state, local, and/or county agency.
2.2.11 If required by the submitted design plan for proper operation, City shall allow Verra Mobility to install vehicle detection sensors in the pavement of roadways within City’s jurisdiction. City shall provide its best efforts to aid in acquiring any and all required permission and permits when the roadway is under the jurisdiction of the state or county.
2.2.12 City shall allow Verra Mobility to build Infrastructure into any existing City-owned easement.
2.2.13 If use of private property right-of-way is needed, City shall assist Verra Mobility in acquiring permission to build in existing utility easements as necessary. Any costs for private property right-of-way lease/rental costs shall be borne by City as it is expressly excluded from the base fee structure identified in the fee schedule.
2.2.14 City shall be responsible for the performance of any engineering or traffic safety studies as may be desired by City or required by laws applicable to City.
ATTACHMENT D
Item 7.5
Mountain House Page 136 of 545
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2.3 COURTS OPERATIONS
2.3.1 City is responsible for the prosecution and adjudication of Citations in accordance with all applicable Laws.
2.3.2 City shall provide a judge or hearing officer and court facilities to schedule and hear disputed Citations.
2.3.3 City shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes and other issues relating to Citation adjudication.
2.2.1 Verra Mobility shall provide City with access to its online BOS adjudication processing module which will enable the adjudication function to review cases, related images, and other related information required to adjudicate disputed Citations. If instead of using the online adjudication processing module in the BOS, City desires to integrate Verra Mobility data into its adjudication system, subject to feasibility, Verra Mobility shall provide a court interface.
Verra Mobility shall provide a price proposal to City for the development of any such court interface.
2.2.2 City is responsible for entering all final dispositions of Citations including all payments of Citations into the BOS, either directly through the online adjudication processing module or through the court interface.
3. (if applicable ADDITIONAL SERVICES RESERVED
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
ATTACHMENT D
Item 7.5
Mountain House Page 137 of 545
EXHIBIT C
FORM OF NOTICE TO PROCEED
Reference is made to the Professional Services Agreement by and between American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”) and ______________ (“City”), dated as of [date] (the “Agreement”). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement.
City hereby designates this implementation of Systems at the Approaches listed below. Verra Mobility shall make its best efforts to install a System within sixty (60) days of permits being granted and power delivered for each agreed-upon Approach, providing that City has received permission for all implementations in writing from any third-party sources.
Below is a list of Approaches provided by City, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a System would increase public safety.
Execution of this Notice to Proceed by City shall serve as authorization for the installation of Systems for all Approaches designated as follows:
Approach (Direction and Roadway) Type of
Enforcement
Camera System Solution (# of
Cameras per Approach)
City understands that implementation and installation of any Approach is subject to Site Selection Analysis and engineering results.
City recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems for the above listed Approaches. City agrees that the Systems authorized by this Notice to Proceed for the abovelisted Approaches shall remain installed and operational for the duration of the current term of the Agreement provided Verra Mobility remains in material compliance with this Agreement and applicable law, and subject to the City’s right to suspend or discontinue the Program in the public interest or as required by law, unless otherwise mutually agreed. If the City suspends or cancels a Notice to Proceed before a Camera System is installed and placed in service, the City will reimburse Verra Mobility for reasonable, documented third-party cancellation, demobilization, and storage charges actually incurred as a direct result of the suspension or cancellation, provided such charges were pre-approved in writing by the City. No other restocking or standby fees shall apply.
IN WITNESS WHEREOF, City has executed this Notice to Proceed as of the date written below.
CITY OF MOUNTAIN HOUSE, CALIFORNIA
By:
Name:
Title:
Date
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
Name:
Title:
Date
ATTACHMENT D
Item 7.5
Mountain House Page 138 of 545
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EXHIBIT D
DMV SERVICES SUBSCRIBER AUTHORIZATION
Date:
Frank L. Minice, Executive Director/CEO
National Law Enforcement Telecommunications System, Inc. (NLETS) 1918 W. Whispering Wind Drive
Phoenix, AZ 85085
Dear Mr. Minice:
Re: Authorization for ORI Code: ________
The CITY authorizes American Traffic Solutions, Inc. dba. Verra Mobility to use the CITY ORI -----_______ for the limited purpose of obtaining vehicle registration information through NLETS.
This letter acknowledges that a contract to perform automated enforcement between the CITY and American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”) is in force. As a requirement of and in performance of that contract between the CITY and Verra Mobility, it will be necessary for Verra Mobility to access Nlets for motor vehicle data on our agency’s behalf.
This program will operate within the Axsis environment under partner ORI AZNlets97.
Please accept this letter as authorization from the CITY for Verra Mobility to run motor vehicle inquires for this purpose. This authorization will automatically expire upon the termination of the contract between CITY and Verra Mobility; and, such authorization is limited to violations detected by the automated enforcement camera systems.
By completing the information below and signing this letter, I am stating that I am a member of and have the authority to extend this authorization on behalf of the CITY.
SUBSCRIBER INFORMATION
Subscriber Agency/Name
Nlets Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone Fax
Email
Signature of Authorized Representative
Date Signed
ATTACHMENT D
Item 7.5
Mountain House Page 139 of 545
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EXHIBIT E
RETENTION SCHEDULE***
Type of Record Minimum Verra Mobility Retention Period
Violation Images* (including video clips and related
metadata)
60 days from payment or final adjudication
Non-Violation Images (including video clips and
related metadata)**
20 days from Event capture date
Warning Notice Images (including video clips and
related metadata)
60 days from issuance date
Individually Identifiable Violation Records* Four months from payment or final adjudication Individually Identifiable Non-Violation Records** 20 days from Event capture date Audio recording from contact center 90 days from call
Written correspondence with citizens regarding
Violations
Four months from payment or final adjudication
Camera System Calibration/Certification Records 12 months from payment or final adjudication of an applicable Violation
Maintenance Records 12 months from payment or final adjudication of an applicable Violation
Other Program Records Two years from termination of the Agreement * Violation Image: an image of a Violation issued as a Citation.
Individually Identifiable Violation Records: a record containing individually identifiable information pertaining to a Violation issued as a Citation.
** Non-Violation Image: an image of an Event not issued as a Citation.
Individually Identifiable Non-Violation Records: a record containing individually identifiable information pertaining to an Event not issued as a Citation. *** Retention period is not applicable upon termination of the Agreement and the data is provided to City pursuant to Section 15 of the Agreement.
This records retention schedule does not apply to any Event data captured by the Camera System, but not uploaded into BOS. For the avoidance of doubt, this records retention schedule does not apply to any records related to any Pilot Data.
SB720:
(3) The photographic and video evidence stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code.
(4) (A) Notwithstanding any provision of the California Public Records Act, or any other law, photographic, video, and administrative records made by a system shall be confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this section or to assess the impacts of the system. Data about the number of violations issued is not considered an administrative record required to be disclosed by this section. (B) Confidential information obtained from the Department of Motor Vehicles for the administration of automated traffic enforcement systems and enforcement of this article shall be held confidential
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Item 7.5
Mountain House Page 140 of 545
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and shall not be used for any other purpose. Designated jurisdictions agents shall establish procedures to protect the confidentiality of these records consistent with Section 1808.47. (C) Except for court records described in Section 68152 of the Government Code, or as provided in subparagraph (D), the confidential records and evidence described in subparagraphs (A) and (B) may be retained for up to 60 days after final disposition of the notice of violation. The designated jurisdiction may retain information that a vehicle has been cited and fined for a violation for up to three years. The designated jurisdiction may adopt a retention period of less than 60 days.
Administrative records described in subparagraph (A) may be retained for up to 120 days after final disposition of the notice of violation. Notwithstanding any other law, the confidential records and evidence shall be destroyed in a manner that maintains the confidentiality of any person included in the record or evidence.
(D) Photographic and video evidence that is obtained from an automated traffic enforcement system that does not result in the issuance of a notice of violation shall be destroyed within five business days after the decision to not issue a citation has been made. The use of facial recognition technology in conjunction with an automated traffic enforcement system shall be prohibited. (E) Information collected and maintained by a designated jurisdiction to administer a program shall only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
(5) Notwithstanding paragraph (4), the registered owner or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review and obtain a copy of the photographic or video evidence of the alleged violation.
ATTACHMENT D
Item 7.5
Mountain House Page 141 of 545
TITLE: Regional Housing Needs Allocation Transfer
MEETING DATE: December 10, 2025
PREPARED BY: Jailah Smith, Contract Planner
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Regional Housing Needs Allocation (RHNA) transfer between the County of San Joaquin and the City of Mountain House in accordance with Government Code Section 65584.7(c).
2. Receive and review the information provided regarding the RHNA transfer methodology and proposed allocation.
3. Authorize the City Manager, or designee, to execute all documents and take all actions necessary to implement the RHNA transfer and carry out the intent of this item.
BACKGROUND
For the City of Mountain House, housing development has been guided by a suite of policy documents, collectively known as the “Mountain House Policy Documents,” which include:
• Master Plan – Mountain House New Community Master Plan • Specific Plans – Mountain House New Community Specific Plan I, Mountain House New Community Specific Plan II, and College Park at Mountain House Specific Plan III • Design Manuals – Mountain House Single Family Development Design Manual and Mountain House Multi-Family Residential Design Manual
Since 1969, California’s local jurisdictions have been required to plan to meet the housing needs for all income levels. These requirements are met through each jurisdiction’s Housing Element, which must be updated every eight years to reflect new policies and state laws.
Prior to incorporation, San Joaquin County was responsible for planning for Mountain House’s housing needs. The County adopted its 6th Cycle Housing Element on June 17, 2025, and received certification from the California Department of Housing and Community Development (HCD) on August 22, 2025.
While the Housing Element acknowledges Mountain House’s incorporation, the transfer of RHNA units has not yet occurred.
Item 7.6
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As required by State law, the County’s Housing Element reflects the Regional Housing Needs Allocation prepared by the San Joaquin Council of Governments (SJCOG) and adopted on September 22, 2022. The County’s RHNA was 8,808 units, distributed across four income categories: Very Low-, Low-, Moderate-, and Above Moderate-Income, as shown in the table below.
Figure 1. RHNA Table, SJCOG 2022
Since Mountain House incorporated after SJCOG’s final RHNA allocation, a portion of the County’s RHNA is required to be transferred to the City pursuant to Government Code Section 65584.07(c).
The City and County have been actively coordinating the RHNA transfer. Under Government Code Section 65360, Mountain House has 30 months from its incorporation date of July 1, 2024, to adopt its first Housing Element by December 31, 2026.
DISCUSSION
In preparation for the City’s first Housing Element, the City has been in discussion with the County of San Joaquin regarding the transfer of a portion of the County’s 2023–2031 RHNA in compliance with Government Code Section 65584.07(a).
The County of San Joaquin is proposing a RHNA transfer of 5,114 units to the City of Mountain House for the 6th Housing Element Cycle. The allocation is distributed across income categories as shown in the table below.
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Figure 2. Updated RHNA Table, SJCOG 2024
RHNA Methodology
As a newly incorporated city, Mountain House is required by state law to adopt a Housing Element within 30 months. To support this process, SJCOG commissioned Dr. Thomas Pogue of the University of the Pacific to evaluate the appropriate RHNA portion that should transfer from the County to the City.
Dr. Pogue’s methodology applied the same formulas used in SJCOG’s adopted 2022 Regional Housing Needs Plan to all jurisdictions and assumed a 2020 household total of 5,572 for Mountain House and a Countywide assignment of 52,719 new housing units.
The analysis concluded that Mountain House’s share of the 6th Cycle RHNA should be 9.7 percent, or 5,114 units. This includes:
• 1,308 very low-income units
• 821 low-income units
• 887 moderate-income units
• 2,098 above moderate-income units
SJCOG has advised that the City and County memorialize this transfer through a formal written agreement.
SJCOG’s transfer recommendation is included as Attachment A.
RHNA Transfer
Item 7.6
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City staff has been working with County staff to formalize the RHNA transfer as required under State law.
The County prepared a written RHNA transfer request for Mountain House, which City staff received on November 14, 2025. This letter is provided as Attachment B.
The County requests that the City accept the transfer of 5,114 units from the County’s RHNA obligation for the 6th Cycle, consistent with the methodology suggested by SJCOG and the University of the Pacific.
FISCAL IMPACT
There is no fiscal impact associated with accepting the RHNA transfer. Preparation of the City’s first Housing Element will require funding, which will be addressed through the Housing Element work program and future budget actions as needed.
STRATEGIC PLAN
This RHNA transfer process for the Housing Element will help the City achieve the following Strategic Plan goals, as adopted by the City Council on April 9, 2025:
• Update the City’s General Plan
• Embrace existing housing policies and establish new affordable housing policies and plans that meet the City’s housing needs and comply with state law CEQA
The RHNA transfer is an administrative action between the City and County and does not result in a physical environmental impact.
Environmental documentation will be completed as part of the upcoming Housing Element process.
ACTION FOLLOWING CITY COUNCIL APPROVAL
If the City Council approves the RHNA transfer:
• The City Manager will execute the RHNA transfer documents • Staff will transmit the approved transfer to SJCOG and HCD • Staff will initiate preparation of the City’s first Housing Element
ATTACHMENTS
Item 7.6
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A. Memo from SJCOG (December 10, 2025) – Regional Housing Needs Determination (RHND) Amendment to Adopted 6th Cycle Regional Housing
B. Letter from County (November 12, 2025) – Regional Housing Needs Allocation (RHNA) Transfer Request
Item 7.6
Mountain House Page 146 of 545
MEMORANDUM
To: SJCOG Member Agencies
From: SJCOG
Date: 11.13.2025
RE: Mountain House RHND Amendment to Adopted 6th Cycle Regional Housing Needs Plan (2023-2031)
The incorporation of Mountain House from the unincorporated portion of San Joaquin County necessitates the development of a housing element that aligns with its Regional Housing Needs Determination (RHND). Other jurisdictions within San Joaquin County received their FactorAdjusted Regional Housing Needs Allocation (RHNA) determinations as part of the 6th Cycle Housing Needs Allocation, developed by the San Joaquin Council of Governments (SJCOG) and described in the Regional Housing Needs Plan (RHNP) adopted on September 22, 2022.1 To ensure compliance with RHNA objectives and avoid altering the Regional Housing Needs Determination (RHND) of other jurisdictions, adjustments to include Mountain House were constrained to the allocations for the unincorporated county area as adopted in the RHNP on September 22, 2022. These prior allocations for the unincorporated county area previously encompassed Mountain House.
Table 1: Factor Adjusted RHNA Housing Unit Determination Jurisdiction
Total
RHNA
Allocation
VeryLow
Income
Units
Low
Income
Units
Lower
Income
(VeryLow &
LowIncome)
Moderate
Income
Units
AboveModerate
Income
Units
HigherIncome
(Moderate
& AboveModerateIncome)
Escalon 367 90 56 146 66 155 221
Lathrop 8,402 2,386 1,498 3,884 1,342 3,176 4,518
Lodi 3,909 941 591 1,533 706 1,671 2,377
Manteca 8,306 2,246 1,409 3,654 1,381 3,270 4,651
Ripon 1,424 347 218 565 255 604 859
Stockton 12,673 2,465 1,548 4,014 2,572 6,088 8,660
Tracy 8,830 2,994 1,879 4,873 1,175 2,782 3,957
Mountain
House 5,114 1,308 821 2,129 887 2,098 2,985
Unincorporated
County Areas 3,695 515 324 839 848 2,008 2,856
Total San
Joaquin County 52,719 13,293 8,344 21,637 9,231 21,851 31,082 1 For details see: https://www.sjcog.org/113/Regional-Housing-Needs-Allocation
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This memorandum outlines the process used to estimate Mountain House’s specific allocation. The resulting overall allocations of lower-income and higher-income housing units for each jurisdiction remain unchanged, but Mountain House is now included as a separate jurisdiction, with a proportional reduction in the allocations assigned to the unincorporated county area. The results from this effort are presented in Table 1, which reports the factor-adjusted RHNA housing unit determination for jurisdictions across San Joquin County, including Mountain House in a structure paralleling that from Table 2 on page 9 in the RHNP adopted on September 22, 2022.
The remainder of this memorandum provides a detailed explanation of the process used to establish Mountain House's Housing Unit Determination. This process follows the same methodology as the RHNP adopted on September 22, 2022, resulting in similar narrative language. However, additional notes have been included throughout to highlight adjustments made to distinguish Mountain House as a separate jurisdiction from the unincorporated county areas.
A. Base RHNA Calculation
The first step in the RHNA Methodology is to determine each jurisdiction’s total RHNA allocation before it is divided by income categories. The RHNA Methodology determines each jurisdiction’s total base RHNA number by multiplying the total RHND from HCD by the proportion of household growth attributed to the jurisdiction in the forecast for the RTP/SCS between 2023 and 2031.
Table 2: RTP/SCS Forecast Households in 2031 by Jurisdiction Jurisdiction
A B C
Household Growth (2023-
2031)
Share of
Growth
Base RHNA
Allocation
Escalon 160 0.7% 367
Lathrop 3,654 15.9% 8,402
Lodi 1,700 7.4% 3,909
Manteca 3,612 15.8% 8,306
Ripon 619 2.7% 1,423
Stockton 5,512 24.0% 12,673
Tracy 3,841 16.7% 8,830
Mountain House 2,224 9.7% 5,114
Unincorporated 1,607 7.0% 3,695
Total San Joaquin
County 22,930 100% 52,719
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
Table 2: RTP/SCS Forecast Households in 2031 by Jurisdiction reports the results of this process for San Joaquin County. In Column A each jurisdiction’s household growth during San Joaquin County’s 6th RHNA Cycle (2023-2031) is reported based on the RTP/SCS forecast.2 The associated jurisdictional shares (Column B) are then multiplied by the County’s total housing unit need, 52,719, to get the base total RHNA determination for the jurisdictions in Column C. [This table includes the addition of 2 This report uses the San County RTP/SCS Forecast dated 9/10/2021 for these estimates. It is available here:
https://www.sjcog.org/DocumentCenter/View/6007/Demographic-and-Employment-Forecast-2020
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Mountain House’s forecast 2023-2031 growth from the RTP/SCS forecast and its removal from the Unincorporated areas]
Table 3: Initial RHNA Allocation by Jurisdiction and Calibration to Final HCD RHNA Determination Jurisdiction
A B C D
Total Base
RHNA Lower HH (%) Lower RHNA Higher RHNA
Escalon 367 41.04% 151 217
Lathrop 8,402 41.04% 3,448 4,954
Lodi 3,909 41.04% 1,604 2,305
Manteca 8,306 41.04% 3,409 4,897
Ripon 1,423 41.04% 584 839
Stockton 12,673 41.04% 5,201 7,472
Tracy 8,830 41.04% 3,624 5,206
Mountain House 5,114 41.04% 2,099 3,015
Unincorporated 3,695 41.04% 1,516 2,178
San Joaquin County 52,719 41.04% 21,637 31,082
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
The second step determines jurisdictional allocations by income category according to those specified in the RHND. Table 3: Initial RHNA Allocation by Jurisdiction and Calibration to Final HCD RHNA Determination details the process for San Joaquin County. The jurisdictions’ Base RHNA Allocation from the previous table is carried forward (Column A) and those values are multiplied by the share of lower-income housing units in the Final RHNA determination (Column B) to get each jurisdiction’s base lower-income RHNA determination (Column C). The number of higher-income housing units (Column D) is then estimated by subtracting the Lower-Income allocation (Column C) from the Total Base RHNA (Column A). [This table includes the addition of Mountain House to the list of jurisdictions]
Table 4: RHNA Determination by Jurisdiction Aligned to Broad Income Category Totals Jurisdiction
Lower-Income
(0-80%)
Higher-Income
(80+%) Base RHNA Allocation
Escalon 151 217 367
Lathrop 3,448 4,954 8,402
Lodi 1,604 2,305 3,909
Manteca 3,409 4,897 8,306
Ripon 584 839 1,423
Stockton 5,201 7,472 12,673
Tracy 3,624 5,206 8,830
Mountain House 2,099 3,015 5,114
Unincorporated 1,516 2,178 3,695
San Joaquin County 21,637 31,082 52,719
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
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Table 4: RHNA Determination by Jurisdiction Aligned to Broad Income Category Totals presents a summary of the jurisdictional allocations aligned to the RHND by broad income level. [This table includes the addition of Mountain House and its removal from the Unincorporated areas in the list of determinations by jurisdiction]
Using the RTP/SCS forecast as the basis for total RHNA calculations ensures consistency between these two planning efforts. Since the RTP/SCS forecast is built from local plans, it incorporates a variety of regulatory, market, and performance factors. The RTP/SCS growth forecast has also been thoroughly vetted by local planning staff and represents a County-wide agreement on growth and its path to attaining climate and quality of life goals.
B. Lower-Income Housing Units Adjustment Factors
The framework for the RHNA Methodology is oriented around furthering each of the statutory RHNA objectives. In Table 5: RHNA Objectives and Allocation Adjustment Factors, the five RHNA objectives are listed by row and the adjustment factors used to further those objectives are listed by column. As described above, the first two objectives are furthered through the total RHNA calculation relying on the development pattern in the RTP/SCS (step one). Those objectives are also intrinsically addressed through the assignment of housing units at different income categories to each jurisdiction of the county (step two). The three other objectives are not inherently furthered by the RTP/SCS. Therefore, additional adjustment factors are needed. This section describes those factors.
Table 5: RHNA Objectives and Allocation Adjustment Factors RHNA Objectives (rows)/ RHNA
Adjustment Factors (columns)
Baseline
RTP/SCS
Forecast
Affirmatively
Furthering Fair
Housing Factor
Income Parity
Factor
Jobs-Housing
Fit Factor
Increasing the housing supply and mix
of housing types, tenure, and
affordability
Furthers Supports Supports Supports
Promoting infill development and
socioeconomic equity, protecting
environmental and agricultural
resources, and encouraging efficient
development patterns
Furthers Supports Supports
Promoting an improved intraregional
relationship between jobs and housing Supports Furthers Balancing disproportionate household
income distributions Supports Furthers
Affirmatively furthering fair housing Furthers Supports
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B1. Adjustment Factor One: Jobs-Housing Fit Factor
This factor addresses the objective to improve the intraregional relationship between jobs and housing, including explicit consideration of the balance between the number of low-wage jobs and the number of units affordable to low-wage jobs in the jurisdictions. While the RTP/SCS addresses the overall jobs-housing balance, it does not separate the lower-income work-housing balance issue.
Therefore, this factor considers the existing ratio of low-wage workers to units affordable to lowwage workers. Jurisdictions with a higher-than-average ratio receive an upward adjustment of lowerincome RHNA units and those with a lower-than-average ratio receive a downward adjustment of lower-income RHNA units.
Table 6: Jobs-Housing Fit Factor Jurisdictional Variance reports the jobs-housing fit adjustment factors by jurisdiction for San Joaquin County. It uses the number of jobs by jurisdiction that pay $3,333 per month or less as the measure of low-wage jobs.3 Given that HCD considers households who spend more than 30% of their income on housing to be cost-burdened, data on units for rent at less than $1,000 a month (30% of $3,333 income) are used to estimate the number of affordable housing units by jurisdiction.4[This table includes the addition of Mountain House to the list of jurisdictions with data from the same sources as those of the other jurisdictions as well as its removal from the Unincorporated areas.]
Table 6: Jobs-Housing Fit Factor Jurisdictional Variance Jurisdiction
Affordable Housing
Units
Low-Wage
Jobs
Jobs-Housing
Fit Ratio
Adjustment from County
Ratio [3.01]
Escalon 233 1,154 5.0 64.6%
Lathrop 246 4,366 17.7 489.8%
Lodi 5,696 14,095 2.5 -17.8%
Manteca 3,135 11,521 3.7 22.1%
Ripon 529 2,443 4.6 53.5%
Stockton 28,532 60,982 2.1 -29.0%
Tracy 1,736 23,578 13.6 351.3%
Mountain
House 21 482 23.0 662.8%
Unincorporated 8,089 26,472 3.3 8.8%
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided. 3 In this report, 2018 jobs by jurisdiction data are used from the U.S. Census Bureau’s Longitudinal EmployerHousehold Dynamics (LEHD) program. 4 In this report, Contract Rent reported by jurisdiction in the U.S. Census Bureau’s American Community Survey (ACS) Table# B25056, 2019 5-Year Estimates is used to estimate affordable housing units.
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The percentage difference between the overall county ratio of 3.01 and the jurisdictions’ ratios is then used to proportionally adjust the jurisdictions’ allocated affordable housing units. Through this process jurisdictions with higher ratios of low-wage workers to affordable housing units are encouraged to zone for more affordable housing.
B1. Adjustment Factor Two: Regional Income Parity Factor This factor addresses the objective to balance disproportionate household income distributions.
Using the existing share of lower-income households, jurisdictions with a lower-than-average share receive an upward adjustment of lower-income RHNA units and those with a higher-than-average share receive a downward adjustment of lower-income RHNA units.
Table 7: Regional Income Parity Factor Jurisdictional Variance Jurisdiction
Lower-Income
Households
Total
Households
Lower-Income
Share
Adjustment from County
Share [39.1%]
Escalon 880 2,600 33.8% 5.2%
Lathrop 1,540 5,485 28.1% 11.0%
Lodi 9,145 22,530 40.6% -1.5%
Manteca 7,845 23,495 33.4% 5.7%
Ripon 1,190 5,085 23.4% 15.7%
Stockton 43,805 93,745 46.7% -7.7%
Tracy 5,950 25,470 23.4% 15.7%
Mountain
House 515 4,190 12.29% 26.78%
Unincorporated 16,585 41,210 40.25% -1.17%
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
Table 7: Regional Income Parity Factor Jurisdictional Variance reports the regional income parity adjustment factors by jurisdiction for San Joaquin County. It uses the number of households with an income 80% or less than the area median income divided by the total number of households in the area to estimate the lower income share.5 The percentage difference between the overall county share of 39.1% lower income households and the jurisdictions’ shares are then used to proportionally adjust the jurisdictions’ allocated affordable housing units. By allocating more affordable housing unit zoning to jurisdictions with lower shares of lower-income households and vice versa, over time this factor intends to move jurisdictions towards a similar proportion of lowerincome households across the County. [This table includes the addition of Mountain House to 5 In this report, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data produced by the U.S.
Department of Housing and Urban Development (HUD) is used to estimate the number of area households by income level.
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the list of jurisdictions with data from the same sources as those of the other jurisdictions as well as its removal from the Unincorporated areas.]
B2 Adjustment Factor Three: Affirmatively Furthering Fair Housing Factor This factor addresses the objective to take meaningful actions to address disparities in housing needs and in access to opportunity, such as employment, higher performing schools, health care, and transportation. Using the share of existing homes in higher opportunity areas, this factor seeks to open high opportunity jurisdictions to all economic segments of the community by giving jurisdictions with a higher-than-average share of high opportunity housing units an upward adjustment of lower income RHNA units and those with a lower-than-average share a downward adjustment of lower income RHNA units.
Table 8: Affirmatively Furthering Fair Housing Factor Jurisdictional Variance Jurisdiction
Housing Units in
High/Highest
Resource Areas
Total
Housing
Units
Higher
Opportunity
Share
Adjustment from County
Share [44.6%]
Escalon 0 2,694 0.0% -44.6%
Lathrop 695 5,883 11.8% -32.8%
Lodi 20,639 24,383 84.6% 40.0%
Manteca 20,083 26,152 76.8% 32.2%
Ripon 0 5,645 0.0% -44.6%
Stockton 41,473 102,795 40.3% -4.3%
Tracy 21,465 26,695 80.4% 35.8%
Mountain
House 4,190 4,190 100.00% 55.39%
Unincorporated 0 41,210 0.00% -44.61%
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
Table 8: Affirmatively Furthering Fair Housing Factor Jurisdictional Variance reports the AFFH adjustment factors by jurisdiction for San Joaquin County. It uses the number of housing units a jurisdiction has that are in higher opportunity areas divided by total number of housing units in that jurisdiction to estimate the share of higher opportunity areas.6 [This table includes the addition of Mountain House to the list of jurisdictions with data from the same sources as those of the other jurisdictions as well as its removal from the Unincorporated areas.] The percentage difference between the overall county share of 44.6% higher opportunity units and the jurisdictions’ shares are then used to proportionally adjust the jurisdictions’ allocated affordable housing units. Through this process jurisdictions with larger shares of higher opportunity housing units are asked to zone for more affordable housing. In doing so, this factor intends to open high opportunity jurisdictions to all economic segments.
6 In this report the census tracts identified as high and highest resource in the 2021 Statewide Summary Table of the TCAC/HCD Opportunity Area Maps are used to identify the higher opportunity areas by jurisdiction. The associated housing units in those census tracts are then estimated from the U.S. Census Bureau’s American Community Survey Table# DP04, 2019 5-Year data.
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B3 Application of the Adjustment Factors
The third step applies the three adjustment factors to each jurisdiction’s lower-income units according to their respective factor weights and then uses the sum of those factors to increase or decrease the jurisdictions’ total lower-income units. Some jurisdictions have exceptionally high factor rates in comparison to the county. For instance, the job-housing fit factor reported in Table 6:
Jobs-Housing Fit Factor Jurisdictional Variance for the City of Tracy has a ratio of 13.6 low-wage jobs per affordable housing unit. That value is 351% higher than county-wide, implying that the City of Tracy’s Job-Housing Fit allocation should be increased by 351% unless some maximum factor adjustment limits are imposed. Without limits on the adjustment factors, outliers like the City of Tracy’s Job-Housing Fit ratio create an increase in the overall number of lower-income housing unit allocations.
Given the impact from exceptional, or outlier, values on a particular jurisdiction as well as the distortionary county-wide impact on allocations across income categories, the Methodology has incorporated a Maximum Factor Adjustment Value (MFAV) that sets an upper and lower limit on divergence across the adjustment factors. In determining the MFAV, the distortions of the unbound divergence must be weighed against similar distortions introduced by excessively restrictive values.
Therefore, this methodology uses an MFAV of 100% which limits any factor adjustment to a doubling of the jurisdiction’s increase or decrease in lower income housing unit allocation.
Table 9: Jurisdictions’ Lower-Income Factor Adjustment Allocations Jurisdiction
A B C D E F G H I J K
LowerIncome
RHNA
J-H Fit
Factor
Weight
= 33%
J-H
Fit
Factor
% Adj
J-H Fit
Factor
Income
Parity
Weight
= 33%
Income
Parity
Factor
% Adj
Income
Parity
Factor
AFFH
Factor
Weight
= 33%
AFFH
Factor
% Adj
AFFH
Factor
Factor
Adj
LowerIncome
Escalon 151 50 65% 83 50 5% 53 50 -45% 28 163
Lathrop 3,448 1,149 100% 2,299 1,149 11% 1,276 1,149 -33% 772 4,347 Lodi 1,604 535 -18% 440 535 -2% 527 535 40% 749 1,715
Manteca 3,409 1,136 22% 1,388 1,136 6% 1,201 1,136 32% 1,502 4,090 Ripon 584 195 53% 299 195 16% 225 195 -45% 108 632
Stockton 5,201 1,734 -29% 1,231 1,734 -8% 1,601 1,734 -4% 1,660 4,492 Tracy 3,624 1,208 100% 2,416 1,208 16% 1,398 1,208 36% 1,640 5,455 Mountain House 2,099 700 100% 1,398 700 27% 886 700 55% 1,086 3,370 Unincorporated 1,516 505 9% 549 505 -1% 499 505 -45% 280 1,328 County Total 21,637 7,212 10,103 7,212 7,666 7,212 7,825 25,594 Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided *= MFAV of 100% applied
Table 9: Jurisdictions’ Lower-Income Factor Adjustment Allocations details the factor adjustment process for San Joaquin County. First, each factor’s weight is multiplied by the lower-income housing unit allocation (Column A). Doing this results in unadjusted factor weighted lower-income housing units for each factor (Columns B, E, and H). Next, each factor adjustment is applied. The percentage adjustment from the first factor, the Jobs-Housing Fit Factor, from Table 6: Jobs-Housing Fit Factor
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Jurisdictional Variance is reported in Column C. The value in Column C is multiplied by the unadjusted factor weighted shares from Column B and then added to Column B to get the factor adjusted jobs-housing fit unit allocation in Column D. The Income Parity Factor is second, its adjustment values from Table 7: Regional Income Parity Factor Jurisdictional Variance are reported in Column F and multiplied by the unadjusted factor weighted shares from Column E and then added to Column E to get the factor adjusted income parity unit allocation in Column G. Similarly, the adjustment values for the Affirmatively Furthering Fair Housing (AFFH) Factor from Table 8:
Affirmatively Furthering Fair Housing Factor Jurisdictional Variance are reported in Column I and multiplied by the unadjusted factor weighted shares from Column H and then added to Column H to get the factor adjusted AFFH unit allocation in Column J. The sum of Column D, G, and J then form a factor adjusted lower-income housing unit allocation by jurisdiction in Column K. It should be noted that since the MFAV is 100%, three values in Table 9: Jurisdictions’ Lower-Income Factor Adjustment Allocations are affected, the Jobs-Housing Fit adjustment factors for the City of Tracy, the City of Lathrop, and the City of Mountain House. [This table includes the addition of Mountain House and its removal from the Unincorporated areas in the list of factor adjustments by jurisdiction]
C. Factor Adjusted RHNA Determination
The fourth, and final, step re-aligns the jurisdictional factor adjusted housing unit allocations to those specified in the RHND. If San Joaquin County is to maintain the county-wide RHND across each of the income categories, it is necessary to correct the factor adjusted housing units by income category. Therefore, the percentage differences in the totals across the income levels are applied to each of the jurisdictional factor adjusted housing unit allocations to align the sum of the jurisdictional allocations to the Final Determination values.
Table 10: Factor Adjusted Allocations Calibrated to Final HCD RHNA Determination
A B C D E
Jurisdiction
Factor Adj.
LowerIncome
RHNA
LowerIncome
RHNA %
Adjustment
Calibrated Factor
Adjusted LowerIncome RHNA
Base Total
RHNA
Allocation
Calibrated
Factor Adjusted
Higher Income
RHNA
Escalon 163 -10.7% 146 367 221
Lathrop 4,347 -10.7% 3,884 8,402 4,518
Lodi 1,715 -10.7% 1,533 3,909 2,377
Manteca 4,090 -10.7% 3,654 8,306 4,651
Ripon 632 -10.7% 565 1,423 859
Stockton 4,492 -10.7% 4,014 12,673 8,660
Tracy 5,455 -10.7% 4,873 8,830 3,957
Mountain House 3,370 -36.8% 2,129 5,114 2,985
Unincorporated 1,328 -36.8% 839 3,695 2,856
San Joaquin
County 25,594 -15.46% 21,637 52,719 31,082
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
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Table 10: Factor Adjusted Allocations Calibrated to Final HCD RHNA Determination details this adjustment process. In Column A, the jurisdictions’ factor-adjusted lower-income housing unit allocations from Column K of Table 9: Jurisdictions’ Lower-Income Factor Adjustment Allocations are carried forward. Since the sum of lower-income RHNA housing units in Column A, 24,218, is higher than the 21,637 in the RHND for lower-income housing units, it is necessary to adjust downward the allocations in Column A. Therefore, the percentage difference of -10.7% at the County level (Column B) is applied to each jurisdiction’s factor adjusted lower-income housing unit allocation (Column A) to get the factor adjusted lower-income housing unit allocation by jurisdiction calibrated to the RHND for San Joaquin County in Column C. Given these adjustments, it is necessary to make complementary adjustments to the jurisdiction’s higher-income housing unit allocations. Those adjustments are made by subtracting the calibrated factor-adjusted lower-income housing units (Column C) from the base total RHNA allocation (Column D), which results in calibrated factor adjusted higher income housing units in Column E.
However, in order to keep the calibration process constrained to the control total established by the Unincorporated portion of the County in the RHNP adopted on September 22, 2022, it is necessary to separately calibrate the Factor Adjusted Lower-Income RHNA values from Mountain House and the Unincorporated area less Mountain House. Given that the two areas previously formed a Calibrated Factor Adjusted Lower-Income RHNA of 2,969 for the Unincorporated areas this value must form a control value if the addition of Mountain House is not to affect the housing unit determination of other jurisdictions in the county.7 The 3,370 Factor Adjusted Lower-Income units assigned to Mountain House in Column K of Table 9 and the 1,328 Factor Adjusted Lower-Income units assigned to the Unincorporated areas without the inclusion of Mountain House must therefore be proportionally reduced to total 2,969. Since the uncalibrated Factor Adjusted Lower-Income units for Mountain House and Unincorporated areas without the inclusion of Mountain House total 4,698, this means that the two jurisdictions must be adjusted by down by 36.8% (2,969-4,698/4,698).
As indicated in Table 10 this adjustment is applied similarly to that of the other jurisdictions to effect Calibrated Factor Adjusted Lower-Income RHNA in Column C and then that value is subtracted from their Base Total RHNA Allocation in Column D to derive their Calibrated Factor Adjusted Higher Income RHNA in Column E. [As discuss in the preceding paragraph Table 10, Table 11, and Table 12 include the addition of Mountain House as well as its removal from the Unincorporated areas along with a series of associated adjustments to accommodate these additions.]
7 This control value of 2,969 may be verified in the Unincorporated area value from Table 15 on page 35 of RHNP adopted on September 22, 2022.
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Table 11: Factor Adjusted RHNA Housing Unit Determination Factor Adjusted LowerIncome (0-80%)Factor Adjusted HigherIncome (80+%)Base RHNA Allocation
Escalon 146 221 367
Lathrop 3,884 4,518 8,402
Lodi 1,533 2,377 3,909
Manteca 3,654 4,651 8,306
Ripon 565 859 1,423
Stockton 4,014 8,660 12,673
Tracy 4,873 3,957 8,830
Mountain House 2,129 2,985 5,114
Unincorporated 839 2,856 3,695
San Joaquin
County 21,637 31,082 52,719
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
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Table 11: Factor Adjusted RHNA Housing Unit Determination reorganizes the data in Table 10 to summarize the Factor Adjusted RHNA Housing Unit Determination by income level. Differences between the existing share of households by income and shares of factor adjusted RHNA unit allocations are reported in Table 12: Comparison of Housing Unit Structure from Factor Adjustments. It highlights the influence the RHNA Methodology has in promoting transformative housing opportunities in San Joaquin County.
Table 12: Comparison of Housing Unit Structure from Factor Adjustments Jurisdiction
Lower-Income (0-80%) Higher-Income (80+%)
Existing Factor
Adjusted
Difference Existing Factor Adjusted Difference
Escalon 34% 40% 6% 66% 60% -6%
Lathrop 28% 46% 18% 72% 54% -18%
Lodi 41% 39% -1% 59% 61% 1%
Manteca 33% 44% 11% 67% 56% -11%
Ripon 23% 40% 16% 77% 60% -16%
Stockton 47% 32% -15% 53% 68% 15%
Tracy 23% 55% 32% 77% 45% -32%
Mountain House 12% 42% 29% 88% 58% -29%
Unincorporated 40% 23% -4% 60% 77% 18%
San Joaquin
County 39% 41% 61% 59%
Note: Due to rounding, numbers presented in this table may not add up precisely to the totals provided.
Acronyms
ACS American Community Survey
AFFH Affirmatively Furthering Fair Housing
CBPR Center for Business and Policy Research
HCD California Department of Housing and Community Development LEHD Longitudinal Employer-Household Dynamics
MFAV Maximum Factor Adjustment Value
RHNA Regional Housing Needs Allocation
RHND Regional Housing Needs Determination
RHNP Regional Housing Needs Plan
RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy SJCOG San Joaquin Council of Governments
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1810 E Hazelton Avenue | Stockton, California 95205 | (209) 468-3121 | sjgov.org/department/cdd Community Development Department
Planning ∙ Building ∙ Code Enforcement ∙ Fire Prevention Jennifer Jolley, Director
Eric Merlo, Assistant Director
Tim Burns, Code Enforcement Chief
Corinne King, Deputy Director of Planning
Jeff Niemeyer, Deputy Director of Building Inspection
November 12, 2025
City of Mountain House
Attn: Steve Pinkerton, City Manager
251 E Main Street
Mountain House, CA 95391
RE: Regional Housing Needs Allocation (RHNA) Transfer Request Dear Mr. Pinkerton,
In 2022, the San Joaquin Council of Governments adopted the 6th Cycle Regional Housing Needs Plan (RHNP)1for 2023-2031, which allocated housing units by income categories to all incorporated cities and the unincorporated areas of San Joaquin County. Of the 52,719 housing units allocated to San Joaquin County as a whole, 16.7% of the units (8,808 units) were assigned to unincorporated San Joaquin County as part of this Regional Housing Needs Allocation (RHNA) process. Pursuant to corrected Table 2 on page 9 of the RHNP, the County’s RHNA is distributed by income level as indicated below:
Jurisdiction Total
RHNA
Allocation
VeryLow
Income
Units
Low
Income
Units
Income
(VeryLow &
LowIncome)
Moderate
Income
Units
AboveModerate
Income
Units
Income
(Moderate
& AboveModerateIncome)
Escalon 367 90 56 146 66 155 221
Lathrop 8,402 2,386 1,498 3,884 1,342 3,176 4,518
Lodi 3,909 941 591 1,533 706 1,671 2,377
Manteca 8,306 2,246 1,409 3,654 1,381 3,270 4,651
Ripon 1,424 347 218 565 255 604 859
Stockton 12,673 2,465 1,548 4,014 2,572 6,088 8,660
Tracy 8,830 2,994 1,879 4,873 1,175 2,782 3,957
Unincorporated
County Areas
8,808 1,824 1,145 2,969 1,734 4,105 5,839
Total San
Joaquin County
52,719 13,293 8,344 21,637 9,231 21,851 31,082
1 Mandated by California Government Code Section 65584.
ATTACHMENT B
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2 On July 1, 2024, the community of Mountain House incorporated, thus triggering the process for reallocation of RHNA housing units within unincorporated San Joaquin County to the City of Mountain House2. Once the RHNA reallocation is agreed to by both the county and the city, this agreement must be submitted to SJCOG and the revised RHNA included in an adopted or amended Housing Element for each jurisdiction.3
Although this reallocation process is intended to occur within 90 days of incorporation, San Joaquin County was in the midst of a Housing Element update when the incorporation occurred, and was advised by the California Department of Housing and Community Development (HCD) to first adopt the updated Housing Element and then finalize the transfer of housing units and amend the Housing Element to reflect the change in RHNA. On August 22, 2025, HCD sent a letter certifying that San Joaquin County’s adopted Housing Element is in substantial compliance with State Housing Element Law4.
County staff has met with SJCOG and city staff to discuss the RHNA reallocation. Additionally, County staff has reviewed the Comprehensive Fiscal Analysis of the Proposed Incorporation of the City of Mountain House dated September 5, 2023, which indicates that growth in Mountain House is forecasted to include 5,755 new housing units by 2034. Although this is a few years past the planning period for the RHNP, which covers 2023-2031, it is not unreasonable to assume that the City of Mountain House is capable of attaining the proposed RHNA goal within the RHNP planning period.
Based on the various meetings attended by County staff, a review of the methodology used in the RHNP for the current RHNA, and a review of the Comprehensive Fiscal Analysis, the county is requesting that the City of Mountain House accept 5,114 of the 8,808 units originally allocated to unincorporated San Joaquin County for the 2023-2031 planning period. San Joaquin County requests that the City of Mountain House accept the transfer as the city’s RHNA allocation or provide an alternative number to be discussed along with the supporting methodology.
Sincerely,
Jennifer Jolley, Director
Community Development Department
San Joaquin County
2 Pursuant to Government Code Section 65584.07.
3 Cities must complete this within 30 months of incorporation and the county within 180 days of the transfer. 4 Pursuant to Government Code Section 65580 et seq.
ATTACHMENT B
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TITLE: Resolution to Accept and File the Annual Report on Receipt and Use of Development Impact Fees for the Fiscal Year Ended June 30, 2025 MEETING DATE: December 10, 2025
PREPARED BY: Sarah Ragsdale, Administrative Services Director
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution accepting and filing the annual report on receipt and use of development impact fees for the fiscal year ended June 30, 2025.
BACKGROUND
Assembly Bill 1600 (AB 1600), enacted by the State of California in 1987, created the Mitigation Fee Act (Government Code Sections 66000 et seq.). AB 1600 requires that all public agencies satisfy certain requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project. The fees, when collected, must be segregated from the General Fund and accounted for separately from other municipal funds. The City complies with this requirement by depositing fees collected into a separate accounting fund and expending the monies only for the purposes for which the fees were collected.
AB 1600 also requires each local agency that imposes development impact fees to prepare an annual report for these specific fees. The report must be completed within 180 days after the end of each fiscal year. The City’s annual report on development impact fees for the prior fiscal year is provided as Exhibit 1 to the proposed Resolution, titled “AB 1600 Annual Report for Development Impact Fees.”
DISCUSSION
The City assesses two impact fees to mitigate development impacts: Transportation Improvement Fees and Community Facilities Fees. As noted in Section 1 of the Report, AB 1600 requires agencies to report fees collected and the use of such fees. The requirements are listed in Section 1 and addressed throughout the remainder of the Report.
FISCAL IMPACT
There is no fiscal impact from accepting and filing the Development Impact Fee Annual Report.
STRATEGIC PLAN
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Accepting the Development Impact Fee Annual Report will help the City achieve the following Finance and Community Development Strategic Plan goals:
• Support development for buildout of the community
• Monitor and update the Transportation Improvement Fees and Community Facilities Fees programs
CEQA
Not applicable. This action is not a project under the California Environmental Quality Act.
ACTION FOLLOWING CITY COUNCIL APPROVAL
The Development Impact Fee Annual Report for the fiscal year ending June 30, 2025, has been posted to the City’s website and placed on file.
ATTACHMENTS
A. Proposed Resolution
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ATTACHMENT A
RESOLUTION NO. 2025 – XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE ACCEPTING THE DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2025 WHEREAS, the City of Mountain House collects development impact fees to mitigate the effects of increased demand for public facilities, parks, transportation, and other public infrastructure; and
WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.), the City is required to annually report certain information regarding the receipt and use of development impact fees; and
WHEREAS, the Development Impact Fee Annual Report for the fiscal year ending June 30, 2025, attached as Exhibit 1, satisfies the reporting requirements of the Mitigation Fee Act; and WHEREAS, the Report was made available to the public on November 24, 2025, via the City's website prior to this Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain House that the Development Impact Fee Annual Report for the fiscal year ending June 30, 2025, attached hereto as Exhibit 1, is hereby accepted and filed.
PASSED AND ADOPTED this 10th day of December 2025, by the following vote of the City Council of the City of Mountain House:
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AB 1600 Annual Report for
Development Impact Fees
City of Mountain House
For the Fiscal Year Ending June 30, 2025
Prepared by:
2400 Del Paso Road, Suite 210 | Sacramento, CA | 95834
EXHIBIT 1
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Development Impact Fee Annual Report (FY 24-25)
Table of Contents
Executive Summary................................................................................................................................... 1 Section 1 - Requirements of Mitigation Fee Act (AB 1600) ...................................................................... 2 Section 2 – Overview of Development Impact Fees ................................................................................ 4 Fund 301: Transportation Improvement Fee (TIF) ................................................................................ 4 Fund 302: Community Facilities Fee (CFF) .......................................................................................... 5 Section 3 – Description of Current Development Impact Fee Program .................................................... 6 Fund 301: Transportation Improvement Fee (TIF) ................................................................................ 6 Fund 302: Community Facilities Fee (CFF) .......................................................................................... 7 Section 4 - Development Impact Fee Fund Summary ............................................................................... 8 Section 5 - Project Expenditures .............................................................................................................. 10 Fund 301: Transportation Improvement Fee (TIF) .............................................................................. 11 TIF and CFF Reimbursements Owed .................................................................................................. 12 Fund 302: Community Facilities Fee (CFF) ........................................................................................ 14 Section 6 - Interfund Transfers and Loans .............................................................................................. 15 Transfers .............................................................................................................................................. 15 Loans ................................................................................................................................................... 15 Section 7 - Refunds ................................................................................................................................. 16 Appendix A: Remaining Improvements .................................................................................................. 17 EXHIBIT 1
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Development Impact Fee Annual Report (FY 24-25) 1
Executive Summary
Development Impact Fees are fees imposed by a local government on new or proposed development projects to ensure public services and infrastructure will be sufficient to serve those new development projects. California state law requires local agencies, on an annual basis, to prepare a report on the status of their Development Impact Fee (DIF) program.
The City of Mountain House (City) currently collects the following two development impact fees: Transportation
Improvement Fee (TIF) and Community Facilities Fee (CFF).
The improvements in Mountain House are primarily developer constructed. While the fee revenues can be used by the City to build improvements, they are largely used as a reimbursement mechanism for developers who fund the construction of the improvements.
In 2024, Mountain House Community Services District (MHCSD or CSD) took a significant step by transitioning into an incorporated city, marking a pivotal moment in its development. This move allows the community to gain greater control over local governance, enabling residents to elect a City Council with more direct influence over critical decisions, such as infrastructure improvements, zoning, and public safety. As a city, Mountain House can now access broader funding opportunities, streamline municipal services, and foster a stronger local identity. The incorporation also promised to enhance the community's ability to attract businesses, improve public amenities, and manage growth strategically, aligning with the long-term vision of its residents.
The following sections will provide the legal context for this annual report, a summary description of each of the City’s development fees, and an accounting snapshot including revenues collected and expenditures for each of those funds in Fiscal Year (FY) 24-25 (July 1, 2024 through June 30, 2025).
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Development Impact Fee Annual Report (FY 24-25) 2
Section 1 - Requirements of Mitigation Fee Act (AB 1600) The Mitigation Fee Act (Act), commonly known as Assembly Bill 1600 (AB 1600), was adopted by the state of California in 1987 and created Section 66000 et. seq. of the Government Code. AB 1600 was enacted to ensure that new development mitigates its impact on the jurisdiction’s infrastructure.
AB 1600 requires that agencies report annually on the fees collected and the use of those fees. The requirements are:
1. A brief description of the type of fee in the account or fund.
2. The amount of the fee.
3. The beginning and ending balances in each fee account.
4. The amount of fees collected and interest earned during the preceding year.
5. Identification of each public improvement on which fees were expended and the amount expended on each improvement, including the total percentage of the cost of improvements funded with the fees.
6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
7. A description of any interfund transfers or loans, including a description of the public improvement on which the transferred or loaned fees will be expended, the interest that the account will receive for the loan and the date on which the loan will be repaid.
8. Identification of any refunds made once it has been determined that sufficient monies have been collected to fund fee-related projects.
On October 11, 2023, California Governor Gavin Newsom signed into law AB 516 which amended certain portions of the Mitigation Fee Act related to the annual and five-year reporting requirements. Under AB 516, the annual and five-year reports must also include the following:
6a. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted.
6b. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
8a. For any refunds made, the number of persons or entities identified to receive those refunds.
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Development Impact Fee Annual Report (FY 24-25) 3
In addition, every five years, agencies must make the following findings with respect to funds remaining unexpended, whether committed or uncommitted:
1. Identify the purpose to which the fee is to be put.
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements in the fee program.
4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
The City must make this information available for public review and must present it at the next regularly scheduled public meeting no less than fifteen (15) days after this information is made available to the public. This report is intended to satisfy the annual reporting requirements for FY 24-25. The City completed a Five-Year report Fiscal Year, FY 23-24 and therefore no additional Five-Year Report is required for FY 24–25 pursuant to the Mitigation Fee Act.
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Development Impact Fee Annual Report (FY 24-25) 4
Section 2 – Overview of Development Impact Fees
Fund 301: Transportation Improvement Fee (TIF)
Requirement 1. Brief description of the type of fee in the account or fund.
New development within the community should fund the costs of the transportation improvements required to serve the new development. In order to implement the goals and objectives of the master specific plan for the community regarding transportation improvements, and to mitigate the impact of new development within the community and the surrounding areas, certain transportation improvements must be designed and constructed. Previously, the Mountain House CSD Board of Directors determined that a Transportation Improvement Fee (TIF) was needed to finance these transportation improvements and to pay the development's fair share of the costs of improvements outside of the boundaries of the community.
Requirement 2. Amount of the fee.
The TIF for FY 24-25 are summarized in Table 1.
Table 1: Transportation Improvement Fee by Land Use and Facility Type Type Description
TIF
07/01/241
Residential (per du)
R-VL SF Very Low Density $ 20,480
R-L SF Low Density $ 20,480
R-M SF Medium Density Detached $ 20,480
R-M SF Medium Density Attached $ 11,479
R-MH SF Medium High Density $ 9,003
R-H High Density Housing $ 10,353
R-L / M / MH Active Adult / Senior Housing $ 2,251
Commercial (per k sf)
C/N Neighborhood Commercial $ 34,436
C/C Community Commercial $ 17,554
C/G General/Shopping Center $ 40,511
C/O Office $ 19,805
CFS Freeway Commercial2$ 65,045
MX Non Residential Mixed Use $ 31,959
Industrial (per k sf)
I/L Limited Industrial3$ 15,755
I/G General Industrial $ 10,353
Notes:
1) All fees include administrative costs.
2) Assumes a mix of uses that could include motels, gas stations, fast food and convenience stores. Estimated trip generation factors reflect an average rate for each respective land use.
3) As part of the 2023 Fee update, North of Byron and South of Byron Limited Industrial was consolidated into a single land use.
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Development Impact Fee Annual Report (FY 24-25) 5
Fund 302: Community Facilities Fee (CFF)
Requirement 1. Brief description of the type of fee in the account or fund.
New development within the community should fund the costs of the community facilities required to serve new development. In order to implement the goals and objectives of the master specific plan for the community regarding community facilities, and to mitigate the impact of development within the community and surrounding areas, certain community facilities must be designed and constructed. Previously, the Mountain House CSD Board of Directors has determined that a CFF is needed in order to finance these public improvements.
Requirement 2. Amount of the fee.
The CFF for FY 24-25 are summarized in Table 2.
Table 2: Community Facilities Fee by Land Use and Facility Type Park Facilities
Fee1, 2
Library
Facilities Fee1, 2
Public Safety &
Admin. Fee1, 2
Administration
3%1
07/01/24
CFF1, 2
Residential (Per DU) (Per DU) (Per DU) (Per DU)
Very-Low Density (R/VL) $ 18,649 $ 1,554 $ 3,725 $ 740 $ 24,668 Low Density (R/L) $ 18,551 $ 1,546 $ 3,705 $ 736 $ 24,539 Medium Density (R/M) $ 18,551 $ 1,546 $ 3,705 $ 736 $ 24,539 Medium High Density (R/MH) $ 15,843 $ 1,320 $ 3,164 $ 629 $ 20,956 Senior Housing (R/MH, R/H) $ 11,738 $ 978 $ 2,344 $ 466 $ 15,526 High Density (R/H, M/X)3
$ 11,738 $ 978 $ 2,344 $ 466 $ 15,526
Non-Residential
(Per 1,000 SF of
Building)
(Per 1,000 SF of
Building)
Commercial (C/N, C/C, C/G) N/A N/A $ 1,364 $ 42 $ 1,407 Freeway Service Commercial (C/FS) N/A N/A $ 1,014 $ 31 $ 1,045 Office Commercial (C/O) N/A N/A $ 1,432 $ 44 $ 1,476
Mixed Use (M/X) N/A N/A $ 557 $ 17 $ 575
Limited Ind (I/L) N/A N/A $ 947 $ 29 $ 977
General Industrial (I/G) N/A N/A $ 444 $ 14 $ 458
Institutional (P) N/A N/A $ 318 $ 10 $ 328
Notes:
1) A 3% markup is added to the fee for administration.
2) Cost of land is not included in the fee calculation. 3) The land use of high density residential includes 200 units from mixed use town center.
Land Use
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Development Impact Fee Annual Report (FY 24-25) 6
Section 3 – Description of Current Development Impact Fee Program The following section provides a description of each of the development impact fees the City collects.
Fund 301: Transportation Improvement Fee (TIF)
On April 11, 2000, by Board Order B-00-439, the San Joaquin Board of Supervisors adopted the TIF for the Mountain House Community. The TIF was established through the report “Mountain House Transportation Improvement Fee”, prepared by OpTrans Inc., dated March 19, 2000 (TIF Technical Report) and was based on the Condor Earth Technology’s Report, "GIS Cost Analysis Major Roadway Costs for the Mountain House Traffic Impact Fee," dated June 4, 1999. The Condor report provided detailed cost estimates for each of the proposed roadway improvements.
The TIF finances the construction of the transportation improvements within the community as well as the fair share of transportation obligations in other jurisdictions that are required to implement the Mountain House Master Plan (Master Plan) and California’s Environmental Impact Report (EIR) mitigation measures. These improvements include arterial and collector roadways, transit equipment, transit facilities, roadway landscaping, street lighting, street signage, sound walls, signalization, medians, and bridges. Also included are entries, rail crossings, interchanges, overpasses, and park and ride lots, to the extent that they are within or immediately adjacent to Mountain House and required to implement the Mountain House Master Plan. The fees also fund the City’s (previously Mountain House CSD) share of regional roadways both within and outside of the City’s Sphere of Influence. The TIF is being implemented pursuant to, but not limited to, the Master Plan, Public Financing Plan, Specific Plans, Project Reimbursement Agreements, all resolutions, and ordinances.
The TIF can be used by the City to build improvements or as a reimbursement mechanism for developers who fund the construction of the transportation improvements. Developers may receive reimbursement for facilities they construct a n d are required to submit their project construction documents and go through a project cost certification process. The project must be certified and accepted by the City prior to reimbursement through the Developer Reimbursement program which is implemented on a “first-in- time” priority basis.
On January 23, 2003, by Resolution Number R-03-52, the updated TIF Fees were adopted by the Board of the Mountain House CSD. In 2019, Harris & Associates (Harris) reassessed and updated the TIF facilities, costs and fees. The updated fees were adopted by the Board at the April 10, 2019 board meeting. The fees were then updated in July 2020, using the Engineering News Record (ENR) 20-City Construction Cost Index (CCI) as a basis of escalation. In 2020, Harris completed an annual update of the TIF that incorporated updated road cost and all cost certifications finalized to date. In addition, an ENR was applied to other project costs as appropriate. The analysis also updated the remaining number of permits, fund balances, and outstanding credit balances, based on information provided by the CSD. The fees were then updated in July 2021 using the ENR 20-City CCI as a basis of escalation. In 2023, Harris reviewed and updated the TIF facilities and costs, which incorporated an updated traffic analysis, the Fiberoptic Master Plan, updated road costs, and all cost certifications finalized to date. The update was adopted by the Board at the June 14, 2023 board meeting.
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Development Impact Fee Annual Report (FY 24-25) 7
Fund 302: Community Facilities Fee (CFF)
On August 22, 2000, by Resolution Number R-00-435 the San Joaquin Board of Supervisors adopted the CFF. This fee finances the construction of community facilities required to implement the Master Plan including park facilities, library facilities, and public safety and administration facilities. The CFF was calculated based on the costs developed in the “Mountain House Community Services District (CSD) Community Facilities Fees Technical Report” prepared by Economic & Planning Systems, Inc. dated July 2000 (CFF Technical Report).
The CFF can be used by the City to build improvements or as a reimbursement mechanism for developers who fund the construction of the community facilities improvements. Developers may receive reimbursement for facilities they construct. The developers are required to submit their project construction documents and go through a project cost certification process. The project must be certified and accepted by the City prior to reimbursement through the Developer Reimbursement program which is implemented on a “first-in- time” priority basis. The CFF is being implemented pursuant to, but not limited to, the Master Plan, Public Financing Plan, Specific Plans, Project Reimbursement Agreements, all resolutions, and ordinances.
On January 23, 2003, by Resolution Number R-03-53, the updated CFF Fees were adopted by the Board of the Mountain House CSD. In 2019, Harris reassessed and updated the CFF facilities, costs, and fees. The updated fees were adopted by the Board at the April 10, 2019 board meeting. The fees were then updated in July 2020 using the ENR 20-City CCI as a basis of escalation. In 2020, Harris completed an annual update of the CFF that incorporated the final cost for the Town Hall and Library, updated park costs, updated corporation yard costs, and all cost certifications finalized to date. In addition, an ENR CCI, ENR Building Cost Index (BCI), and the Consumer Price Index (CPI) was applied to other project costs as appropriate. The analysis also updated the remaining number of permits, fund balances, and outstanding credit balances, based on information provided by the CSD. The fees were then updated in July 2021 using the ENR 20- City CCI as a basis of escalation. In 2023, Harris reviewed and updated the CFF, which incorporated updated costs and all cost certifications finalized to date. The update was adopted by the Board at the June 14, 2023 board meeting.
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Development Impact Fee Annual Report (FY 24-25) 8
Section 4 - Development Impact Fee Fund Summary
Requirement 3. Beginning and ending balance in the account or fund.
Table 3 summarizes the beginning and ending fund balances for both the TIF and CFF for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 3 summarizes the fees collected and the interest earned for both the TIF and CFF during FY 24-25.
Table 3 is shown on the following page.
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Development Impact Fee Annual Report (FY 24-25) 9
Table 3: Development Impact Fee Fund Summary
Description
Transportation
Improvement Fee
Community
Facilities Fee
Fund No. 301 302
Starting Balance July 1, 20241
$ 12,372,447 $ 16,107,788
Interfund Loan2
- -
Accounts Receivable (848,294) (787,966)
Computer/Vehicles3
- (884,323)
Restricted Cash & Investments (7,450) -
Adjusted Fund Balance4
$ 11,516,703 $ 14,435,499
REVENUES
Fees Collected $ 10,493,465 $ 12,767,400
Impact Fee Interest 344,922 953,691
Bond Proceeds - -
Fair Market Adjustment5
81,327 -
Annexation Fees 1,970,853 -
Other Interest - 12,207
Other Revenues - -
Total Revenues $ 12,890,567 $ 13,733,298
EXPENDITURES
Debt Service6
$ (1,895,930) -
Reimbursement to Developers7
$ (10,959,028) $ (4,231,444)
Capital Projects Expenses - -
Misc. Expenses (3,000) -
Total Expenditures $ (12,857,958) $ (4,231,444)
Transfers In $ - $ -
Transfers Out - (150,000)
Net Fund Transfers $ - $ (150,000)
Ending Balance June 30, 2025 $ 11,549,313 $ 23,787,354
1) Starting balance for July 1, 2024 may not match the ending balance in the previous year's Annual Report as adjustments are made, similar to the adjustments shown below the starting balance and it was based on audited amounts were adjustments may have been made once the audited numbers were finalized. 2) Does not include the interfund loan advance to Fund 202. The final annual payment of $297,000 was made in FY 23-24. The interfund loan has been fully repaid, so the the loan is not included in this FY. 4) Adjusted fund balance available for TIF and CFF eligible expenses, reimbursements and facilities. 5) Current fair market value adjustment per GASB31.
6) Includes costs for legal counsel, interest expenses, and debt issue cost. 7) See TIF and CFF project tables (Table 4 and Table 6) for project details. 3) A percentage of the CFF fee is set aside to fund vehicles and computers.
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Development Impact Fee Annual Report (FY 24-25) 10
Section 5 - Project Expenditures
The TIF and CFF can be used by the City to build improvements or as a reimbursement mechanism for developers who fund the construction of the transportation improvements and community facility improvements. To date, the City has primarily used the CFF and TIF to reimburse developers for the construction of infrastructure. This section identifies the reimbursements to developers within each fund and the percentage of the reimbursement that was funded with fees. It also indicates whether sufficient funds have been identified to complete future certified reimbursements or projects and the approximate date by which the reimbursement or construction of the public improvement will commence if sufficient funds have been identified.
In FY 21-22, per the agreement for Sale and Assignment of Reimbursement Right, dated September 8, 2021, made between Trimark Communities LLC and the CSD (now City), the CSD purchased the TIF reimbursement right from Trimark. This means that the CSD (now City) is entitled to receive any future reimbursement payments generated by the TIF. The CSD sold bonds to pay off Trimark Communities, LLC. in the amount of $55,727,620. The CSD pledged the TIF to secure repayment of the pledged notes payable in accordance with the terms of the Master Acquisition and Reimbursement Agreement. TIF revenue will be used to pay the annual principal amount of the Mountain House Financing Authority 2021 Lease Revenue Bonds.
On October 19, 2021, the CSD concluded the successful offering of the $49.69 million lease revenue bond – with approximately $56 million of net proceeds. As stated previously, the proceeds of the bonds were used to retire a note payable to Trimark Communities, LLC for transportation improvements in the TIF.
The bonded debt will be repaid from TIF collections paid with the issuance of building permits. With the retirement of the note payable to Trimark, the CSD assumed the balance of the Trimark’s remaining TIF and annexation fee reimbursement rights. As properties are annexed and building permits are pulled, the CSD will have the priority right to reimbursement from those payments.
TIF fees are collected when building permits are issued. The CSD staff projects that, over time, TIF fees collected in future years will exceed the amount needed for annual debt service. While the establishment of a reserve is not required by the bond indenture, CSD staff felt it was prudent to establish a reserve for debt service payments to ensure that funds will be available if the fees in any year fall short. CSD staff recommended to the Board a reserve equivalent to 110% of the maximum annual debt service requirement.
The maximum annual debt service will occur in FY 26-27 in the amount of $2,878,600. The 110% reserve requirement would be $3,166,460. The reserve could be funded using a variety of calculations and over varying periods of time.
On February 16, 2022, the District adopted the resolution approving the policies related to the Transportation and Annexation Fee Program, which stated that after the bond reserve is funded in compliance with the Debt Reserve Policy option in the resolution and above, the CSD authorizes the General Manager to distribute excess funds to developers (in the order of their repayment priority) if there is a benefit to the CSD. If the General Manager (now City Manager) determines that there is no such benefit, the excess funds will be used to fund the bond reserve until the reserve is fully funded and then to reimburse the CSD’s (now City’s) General Fund.
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Development Impact Fee Annual Report (FY 24-25) 11
Per the FY 22-23 Annual Comprehensive Financial Report, while the City has pledged governmental activity impact fees to secure repayment of the pledged notes payable in accordance with the terms of the Master Acquisition and Reimbursement Agreement, the total principal and finance charges accrued at the ENR index rate on these pledged notes payable that were outstanding on June 30, 2024 were $62,635,335.
A total of $759,693 in payments were made during the year ended June 30, 2024. Total pledged revenue for the year ended June 30, 2024 was $9,103,311 which represents total developer and impact fee revenue.
The FY 24-25 Annual Comprehensive Financial Report is in progress at the time of the preparation of this report. The total principal and finance charges accrued, total payments made, and total pledged revenue as of June 30, 2025 will be included in the next annual report. Table 4 below shows the unaudited repayment of bond debt and the total reimbursements to developers for the TIF, by developer, for FY 24-25 Fund 301: Transportation Improvement Fee (TIF)
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 4 below shows the repayment of bond debt and the total reimbursements to developers for the TIF, by developer, for FY 24-25. As stated previously, the TIF will fund the annual debt service and bond reserve. After the bond reserve is funded in compliance with the Debt Reserve Policy option, excess funds will be reimbursed to developers (in the order of their repayment priority) if there is a benefit to the City. If the City Manager determines that there is no such benefit, the excess funds will be used to fund the bond reserve until the reserve is fully funded and then to reimburse the City’s General Fund.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Table 4 summarizes the planned future reimbursements from the TIF and the anticipated date of future reimbursement.
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Development Impact Fee Annual Report (FY 24-25) 12
Table 4: Transportation Improvement Fee Project Expenditures TIF and CFF Reimbursements Owed
The TIF and CFF fees are based on the remaining project costs and the credit balances. Fee credits and reimbursements are granted to developers who build and dedicate facilities that are included in the TIF and CFF programs. In no case shall the developer be entitled to a credit or reimbursement that exceeds the cost of construction of the facility. Reimbursement from the TIF and CFF for the improvements identified in the TIF and CFF Technical Reports are to be available to the extent that funds are collected and available; no money from the general fund or other City funds may be used to reimburse the developer. The developer is required to submit all construction documentation for certification of costs and determination of the reimbursable/creditable amount. Table 5 shows the reimbursements still owed to developers as of June 30, 2025.
Developer Reimbursement / Debt
Service Amount
Fund 301
Expense FY 24-
25 Fund 301 Future
Expenditures6
Approximate
Date of Future
Reimbursement7
%
Funded
by Fee
Sufficient Funds to
Completely Reimburse
Developer? (Y/N)
Payment to Trimark1 N/A N/A $ - N/A 100% Y
Debt Issuance Costs2
$ - $ - $ FY 25-26 100% - Y
Debt Interest Expense2
$ 1,895,930 $ 1,895,930 $ FY 25-26 100% - Y
Long-Term Debt Repayment3
$ 10,959,028 $ 10,959,028 $ FY 25-26 100% - Y
Bond Repayments4 N/A N/A $ - TBD 100% N
The Resmark Companies (MHD)5 N/A N/A $ 15,851,010 TBD 100% N Mountain House Investors (MHI) N/A N/A $ 41,813,612 TBD 100% N Shea Homes N/A N/A $ - TBD 100% N
Pinnacle Ridge N/A N/A $ 129,447 TBD 100% N
Altamont Hills, LLC N/A N/A $ 1,755,507 TBD 200% N
GRAND TOTAL $ 12,854,958 $ 12,854,958 $ 59,549,576
1) Per the agreement for sale and assignment of reimbursement right, dated September 8, 2021, made between Trimark Communities, LLC and MHCSD, MHCSD purchased the TIF reimbursement right from Trimark. MHCSD sold bolds to pay off the $55,727,620 to Trimark. 2) Costs related to the issuance of the bond.
3) Long term bond repayment (MOUN1021 Bond).
used to retire a note payable to Trimark Communities, LLC for transportation improvements in the TIF. The bonded debt will be repaid from TIF collections paid with the issuance of building permits.
5) Company was previously known as Mountain House Developers (MHD). 6) The TIF will fund the annual debt service and bond reserve, after the bond reserve is funded in compliance with the Debt Reserve Policy option, excess funds will be reimbursed to developers (in the order of their repayment priority) if there is a benefit to the CSD. If the General Manager determines that there is no such benefit, the excess funds will be used to fund the bond reserve until the reserve is fully funded and then to reimburse the CSD’s General Fund. completed and verified, which may result in reimbursements occurring in a later fiscal year than the construction. It is difficult to determine the date of reimbursement as it is based on development and the developer's timing.
4) On October 19, 2021, the CSD concluded the successful offering of the $49.69 million lease revenue bond – with approximately $56 million of the net proceeds of the bonds 7) The construction completion date and the reimbursement date may differ. Under the City’s impact fee program, developers are reimbursed after eligible public facilities have been EXHIBIT 1
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Development Impact Fee Annual Report (FY 24-25) 13
Table 5: Reimbursements Owed as of June 30, 2025
Generally, as funds are collected the City repays the reimbursements that are owed to developers consistent with the adopted policies and ordinances. If no reimbursements are owed at the time fees are collected, the City retains the funds until additional costs are certified and at that time, releases funds for reimbursement.
For the TIF, funds are first used to repay the annual principal amount of bond debt and the bond reserve.
As stated previously, on February 16, 2022, the CSD adopted the resolution approving the policies related to the Transportation and Annexation Fee Program, which stated that after the bond reserve is funded in compliance with the Debt Reserve Policy option in the resolution, the CSD (now City) authorizes the General Manager (now City Manager) to then distribute excess funds to developers (in the order of their repayment priority) if there is a benefit to the CSD. If the General Manager (now City Manager) determines that there is no such benefit, the excess funds will be used to fund the bond reserve until the reserve is fully funded and then to reimburse the City’s General Fund. The City may also set aside funds for City related expenses or eligible projects.
A three percent (3%) administrative fee is collected that is used to fund development impact fee related expenses such as impact fee collection and reporting. Appendix A includes the list of remaining CFF and TIF projects.
Developer
Transportation
Improvement Fee
(Fund 301)
Community
Facilities Fee
(Fund 302)
Trimark $ - $ -
The Resmark Companies1$ 15,851,010 $ 49,386
Mountain House Investors (MHI) $ 41,813,612 $ 7,745
Shea Homes $ - $ -
Pinnacle Ridge $ 129,447 $ 614
Altamont Hills, LLC $ 1,755,507 $ -
Total $ 59,549,576 $ 57,745
1) Company was previously known as Mountain House Developers (MHD).
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Development Impact Fee Annual Report (FY 24-25) 14
Fund 302: Community Facilities Fee (CFF)
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 6 below shows the total reimbursements to developers for construction of CFF eligible projects for FY 24-25.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 6 summarizes the planned future expenditures for the CFF and the anticipated date of future reimbursements.
Table 6: Community Facilities Fee Project Expenditures
Developer
Reimbursement Amount
Fund 302 Expense
FY 24-25
Fund 302 Future
Expenditures
Approximate
Date of Future
Reimbursement1
%
Funded
by Fee
Sufficient Funds
to Completely
Reimburse
Developer?
(Y/N)
Library Books2
$ 50,000 $ - $ - N/A 100% Y
Hansen Park2,3 $ 1,430,541 $ - $ - N/A 100% Y
Fire Station4
$ 9,005,000 $ - $ 9,005,000 FY 25-26 100% Y
Police Station4
$ 1,300,000 $ - $ 1,300,000 FY 25-26 100% Y
Cordes Park2
$ 3,112,852 $ - $ Complete FY 22-23 100% - Y
Corporation Yard $ 4,231,444 $ 4,231,444 $ - TBD 100% Y GRAND TOTAL $ 19,129,836 $ 4,231,444 $ 10,305,000
2) Reimbursed to The Resmark Companies (previously known as Mountain House Developers). 3) Based on the second submittal for Hansen Park.
4) Estimated amount. The CFF Nexus Study is currently being updated. Based on 2023 Nexus Study. 1) The construction completion date and the reimbursement date may differ. Under the City’s impact fee program, developers are reimbursed after eligible public facilities have been completed and verified, which may result in reimbursements occurring in a later fiscal year than the construction. It is difficult to determine the date of reimbursement as it is based on development and the developers timing.
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Development Impact Fee Annual Report (FY 24-25) 15
Section 6 - Interfund Transfers and Loans
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
Transfers
Transfers In
There were no transfers in for Fund 301. Fund 302 had an interest payment transfer in for FY 23-24 in the amount of $12,206.70 for the interfund loan based on the variable rates based on the Local Agency Investment Fund and a 10-year repayment schedule which started in September 2015. The final outstanding principal payment was paid in FY 24-25.
Transfers Out
There were no transfers out for Fund 301 in FY 24-25. A total of $150,000.00 was transferred out of Fund 302 for capital projects.
Loans
In September 2015, the Board approved a resolution for certificate of acceptance of a grant deed for fire station land and related improvements and appurtenances and agreed to purchase the community fire station. The CFF originally advanced $2,970,000 to Fund 202, the special tax public safety fund, for the purchase of a community fire station. The total amount advanced of $2,970,000 was made on August 11, 2015, and the outstanding balance was repaid by June 30, 2025 by Fund 202. Principal payments of $297,000 started in FY 15-16. The final outstanding principal payment was paid in FY 23-24, so no principal payment was made in FY 24-25. Interest accrues annually on June 30 on the outstanding loan balance at the variable rates based on the Local Agency Investment Fund. As stated previously, interest of $12,206.70 was paid during the year ended June 30, 2025.
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Development Impact Fee Annual Report (FY 24-25) 16
Section 7 - Refunds
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
No refunds were made from Funds 301 and 302 in FY 24-25.
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Development Impact Fee Annual Report (FY 24-25) 17
Appendix A: Remaining Improvements
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Development Impact Fee Annual Report (FY 24-25) 18
Table A-1: Remaining Transportation Improvement Projects Item Category Description Segment/Node Detail MHCSD Costs (2023$)
1 Roads Mountain House Parkway I-205 to Byron 1 to 2 MHP (I205 to Central) $ 2,343,700.00 2 Roads Mountain House Parkway I-205 to Byron 2 to 3 MHP (Central to Von Sosten) $ 1,311,276.00 3 Roads Mountain House Parkway I-205 to Byron 3 to 4 MHP (Von Sosten to GLR) $ 3,353,567.00 4 Roads Mountain House Parkway I-205 to Byron 4 to 47 MHP (GLR to Texiera) $ 1,683,716.00 5 Roads Mountain House Parkway I-205 to Byron 47 to 5 MHP (Texiera to Mustang) $ 1,556,703.00 6 Roads Mountain House Parkway I-205 to Byron 5 to 6 MHP (Mustang to Wicklund) $ 67,717.00 7 Roads Mountain House Parkway I-205 to Byron 6 to 7 MHP (Wicklund to Arnaudo) $ 54,069.00 8 Roads Mountain House Parkway I-205 to Byron 7 to 8 MHP (Arnaudo to Main) $ 1,484,256.00 9 Roads Mountain House Parkway I-205 to Byron 8 to 9 MHP (Main to Byron) $ 2,443,747.00 10 Roads Byron Road 34 to 35 Byron (Wicklund to Henderson) $ 1,337,940.00 11 Roads Byron Road 35 to 9 Byron (Henderson to MHP) $ 2,730,000.00 12 Roads Byron Road 9 to 37 Byron (MHP to GVP) $ 9,439,902.00 13 Roads Byron Road 37 to 38 Byron (GVP to County line) $ 2,176,959.00 14 Roads Grant Line Road 4 to 12 GLR (MHP to De Anza) $ 1,611,580.00 15 Roads Grant Line Road 12 to 19 GLR (De Anza to Central) $ 10,010,526.00 16 Roads Grant Line Road 19 to 29 GLR (Central to GVP) $ 9,064,331.00 17 Roads Great Valley Parkway 29 to 30 GVP (GLR to Mustang) $ 736,253.00 18 Roads Great Valley Parkway 30 to 31 GVP (Mustang to Main) $ 137,488.00 19 Roads Great Valley Parkway 31 to 18 GVP (Main to De Anza) $ 102,220.00 20 Roads Great Valley Parkway 18 to 32 GVP (De Anza to Kelso) $ 124,564.00 21 Roads Great Valley Parkway 32 to 37 GVP (Kelso to Byron) $ 28,907.00 22 Roads Great Valley Parkway 37 to 43 GVP (Byron to Central) $ 4,704,889.00 23 Roads Central Parkway 2 to 10 Central (MHP to De Anza) $ 2,513,789.00 24 Roads Central Parkway 10 to 19 Central (De Anza to GLR) $ 20,395,873.00 25 Roads Central Parkway 19 to 20 Central (GLR to Mustang) $ 372,415.00 26 Roads Central Parkway 20 to 21 Central (Mustang to Arnaudo) $ 135,113.00 27 Roads Central Parkway 21 to 24 Central (Arnaudo to Main) $ 48,433.00 28 Roads Central Parkway 24 to 17 Central (Main to De Anza) $ 82,895.00 29 Roads Central Parkway 17 to 36 Central (De Anza to Byron) $ 700,000.00 30 Roads Central Parkway 36 to 42 Central (Byron to MHP) $ 4,491,181.00 31 Roads De Anza Blvd 10 to 11 De Anza (Central to Von Sosten) $ 1,548,587.00 32 Roads De Anza Blvd 11 to 12 De Anza (Von Sosten to GLR) $ 4,757,149.00 33 Roads De Anza Blvd 12 to 13 De Anza (GLR to Mustang) $ 6,095,253.00 34 Roads De Anza Blvd 13 to 14 De Anza (Mustang to Wicklund) $ 67,959.00 35 Roads De Anza Blvd 14 to 15 De Anza (Wicklund to Arnaudo) $ 53,828.00 36 Roads De Anza Blvd 15 to 16 De Anza (Arnaudo to Main) $ 939,715.00 37 Roads De Anza Blvd 16 to 17 De Anza (Main to Central) $ 1,024,906.00 38 Roads Arturo Boulevard (Formerly De Anza Blvd) 17 to 18 Arturo (Central to GVP) $ 422,942.00 39 Roads Mustang Way (Formerly Mascot Blvd) 5 to 13 Mustang (MHP to De Anza) $ 27,900.00 40 Roads Mustang Way (Formerly Mascot Blvd) 13 to 20 Mustang (De Anza to Central) $ 1,514,339.00 EXHIBIT 1
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Development Impact Fee Annual Report (FY 24-25) 19
Table A-1: Remaining Transportation Improvements (continued)
41 Roads Mustang Way (Formerly Mascot Blvd) 20 to 30 Mustang (Central to GVP) $ 1,377,768.00 42 Roads Arnaudo Blvd 4 7 to 15 Arnaudo (MHP to De Anza) $ 30,356.00 43 Roads Arnaudo Blvd 4 15 to 23 Arnaudo (De Anza to Providence) $ 40,864.00 44 Roads Arnaudo Blvd 4 23 to 22 Arnaudo (Providence to Tradition) $ 32,651.00 45 Roads Arnaudo Blvd 4 22 to 21 Arnaudo (Tradition to Central) $ 29,833.00 46 Roads Main Street 8 to 16 Main (MHP to De Anza) $ 1,195,554.00 47 Roads Main Street 16 to 24 Main (De Anza to Central) $ 6,840,000.00 48 Roads Main Street 24 to 31 Main (Central to GVP) $ - 49 Roads Mountain House Parkway North of Byron Rd 9 to 41 MHP (Byron to River) $ 2,984,529.00 50 Roads Mountain House Parkway North of Byron Rd 41 to 42 MHP (River to Central) $ 4,561,329.00 51 Roads Central Parkway 42 to 43 Central (MHP to GVP) $ 9,375,073.00 52 Roads A Street 26 to 28 Giotto (De Anza to Central) $ 936,672.00 53 Roads Tradition St 22 to 25 Tradition (Arnaudo to Main) $ 875,946.00 54 Roads Prosperity St 23 to 27 Prosperity (Arnaudo to Main) $ 783,082.00 55 Roads Wickland Crossing 6 to 14 Wicklund (MHP to De Anza) $ 29,833.00 56 Roads River/Henderson 35 to 41 Henderson (Byron to MHP) $ 2,909,778.00 57 Roads Bethany 35 to 39 Bethany (Henderson to Co. Line) $ 2,312,748.00 58 Roads Van Sosten 3 to 11 Von Sosten (MHP to De Anza) $ 586,764.00 59 Roads Comm/Ind Collector 47 to 48 Texiera (MHP to De Anza) $ 591,303.00 60 Intersection Intersection Node 2 MHP/Central $ 952,752.00 61 Intersection Intersection Node 3 MHP/Von Sosten $ 133,172.00 62 Intersection Intersection Node 4 MHP/GLR $ 450,843.00 63 Intersection Intersection Node 5 MHP/Mustang $ -
64 Intersection Intersection Node 6 MHP/Wicklund $ -
65 Intersection Intersection Node 7 MHP/Arnaudo $ -
66 Intersection Intersection Node 8 MHP/Main $ 1,002,680.00 67 Intersection Intersection Node 9 MHP/Byron $ 909,919.00 68 Intersection Intersection Node 10 De Anza/Central $ 708,116.00 69 Intersection Intersection Node 11 De Anza/Von Sosten $ 665,422.00 70 Intersection Intersection Node 12 De Anza/GLR $ -
71 Intersection Intersection Node 13 De Anza/Mustang $ 118,381.00 72 Intersection Intersection Node 14 De Anza/Wicklund $ - 73 Intersection Intersection Node 15 De Anza/Arnaudo $ - 74 Intersection Intersection Node 16 De Anza/Main $ 694,313.00 75 Intersection Intersection Node 17 De Anza/Central $ 363,350.00 76 Intersection Intersection Node 18 De Anza/GVP $ -
77 Intersection Intersection Node 19 Central/GLR $ 1,374,565.00 78 Intersection Intersection Node 20 Central/Mustang $ - 79 Intersection Intersection Node 21 Central/Arnaudo $ - 80 Intersection Intersection Node 22 Arnaudo/Tradition
MHCSD Costs
(2023$) Item Category Description Segment/Node Detail
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Development Impact Fee Annual Report (FY 24-25) 20
Table A-1: Remaining Transportation Improvement Projects (continued) 81 Intersection Intersection Node 23 Arnaudo/Prosperity $ 309,226.00 82 Intersection Intersection Node 24 Central/Main $ 361,966.00 83 Intersection Intersection Node 29 GVP/GLR $ 1,010,404.00 84 Intersection Intersection Node 30 GVP/Mustang $ -
85 Intersection Intersection Node 31 GVP/Main $ -
86 Intersection Intersection Node 32 GVP/Kelso $ 646,304.00 87 Intersection Intersection Node 37 GVP/Byron $ 1,362,924.00 88 Intersection Intersection Node 41 MHP/River $ 776,621.00 89 Intersection Intersection Node 42 MHP/Central $ 1,243,559.00 90 Intersection Intersection Node 43 GVP/Central $ 1,266,018.00 91 Intersection Intersection Node 47 Texiera/MHP $ 651,391.00 92 Intersection Intersection Node 48 Texiera/De Anza $ 590,583.00 93 Local Improvements 250' Bridge Xing at Great Valley Prkwy2 @ MH Creek $ - 94 Local Improvements 500' Bridge Xing at Main @ MH Creek $ - 95 Local Improvements 250' Bridge Xing at Central @ MH Creek $ - 96 Local Improvements 250' Bridge Xing at De Anza @ MH Creek $ - 97 Local Improvements 300' Bridge Xing at Mtn House Pkwy @ MH Creek MHP across MH Creek $ 3,527,997.00 98 Local Improvements Grade Sep., Central @ Byron $ 7,475,000.00 99 Local Improvements RR Xing Great Valley Parkway2 $ 603,470.00 100 Local Improvements RR Xing Mtn House Parkway $ 426,055.00 101 Local Improvements Close RR Xing Henderson $ 426,055.00 102 Local Improvements Close Wickland Rail Crossing $ 328,180.00 103 Local Improvements Park and Ride lots $ 2,948,000.00 104 Local Improvements Transit Buses, Large $ -
105 Local Improvements Transit Buses, Small $ 2,895,200.00 106 Local Improvements Bike Facilities, Rack, signs, striping $ - 107 Local Improvements Traffic Planning, Modeling, Counts $ 964,700.00 108 Local Improvements Traffic Monitoring, Signal Computer Center $ 119,900.00 109 Local Improvements Additional Channelization and Turn Lanes $ - 110 Local Improvements Community Gateway Monument at I205 and MHP $ 391,620.00 111 Local Improvements Contingency for Regional Offset Improvements $ - 112 Regional Improveme Interchange I-205 @ MH Parkway3 $ 1,010,599.00 113 Regional Improveme Grant Line Road - Byron to MH Parkway $ 500,000.00 114 Regional Improveme MH Parkway - I-205 to Delta Mendota Canal $ - 115 Regional Improveme Bryon Road - Grant Line to Wicklund $ 500,000.00 116 Other Jurisdictions Grant Line Road, County Line to I-580 GLR (GVP to I-580) $ 7,874,000.00 116 Other Jurisdictions Grant Line Road - Two Roundabouts Alameda County $ 182,773,955.00
1) This list of projects is sourced from the Nexus Study completed by Harris in 2023.
MHCSD Costs
(2023$) Item Category Description Segment/Node Detail
Total:
EXHIBIT 1
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Development Impact Fee Annual Report (FY 24-25) 21
Table A-2: Remaining Community Facilities Projects
Park Facilities Total Cost
Central Community Park Phase 2 $ 62,859,420.00
North Community Park $ 14,074,171.00
South Community Park (31 of 38 acres) 26,086,489.00 $
Old River Regional Park $ 8,379,627.00
Linear Creek Park Phase 2 & 3 $ 4,669,632.00
Hansen Park $ 470,154.00
Remaining Neighborhood Parks (6) $ 22,800,000.00
Library Facilities Total Cost
Central Library Building $ -
Volumes $ -
Public Safety and Administrative FacilitiesTotal Cost
Fire Station No. 2 $ 9,005,000.00
Police Station $ 1,300,000.00
Corporation Yard $ 3,231,444.00
Operation & Maintenance Vehicles $ 3,369,041.00
Fire & Police Vehicles $ 4,356,971.00
Computer Equipment $ 180,164.00
Note: This list of projects is sourced from the Nexus Study completed by Harris in 2023. Completed projects have been removed.
EXHIBIT 1
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TITLE: Appointment of a Vice Mayor
MEETING DATE: December 10, 2025
PREPARED BY: Margaret Wimberly, City Clerk
RECOMMENDATION
Staff Recommends that the City Council appoint Council Member Ronna Green as Vice Mayor based on the rotation standards adopted in Section 2.6 of the City Council Policies and Procedures.
BACKGROUND
Government Code Sections 36801 and 36802 require the Council to appoint a Mayor Pro Tem to serve when the Mayor is absent.
The City incorporated on July 1, 2024. At incorporation, LAFCo continued the Mountain House Community Services District as a subsidiary district for Master Restrictions enforcement. The City Council serves as the Board of Directors for both the City and the MHCSD.
On July 1, 2024, Council Member Bernice Tingle was appointed Vice Mayor.
On May 27, 2025, the Council adopted updated rotation standards for Section 2.6. These standards govern how the Vice Mayor is selected each year based on term expiration and vote totals.
On November 12, 2025, the City Council amended Section 2.6 of the City Council Policies & Procedures to establish a structured rotation system for the Vice Mayor position.
DISCUSSION
With the adoption of amended Council Policy & Procedures, Section 2.6 of the City Council Policies and Procedures (Attachment A) reads as follows:
2.6 Appointment of Vice Mayor.
2.6.1 Appointment Procedure: The City Council shall appoint a Vice Mayor. The appointment shall be made at the first regular meeting in December, unless the first meeting in December occurs prior to the certification of the municipal election results, in which case the appointment shall be made at the next regular meeting of the City Council. In even-numbered years, the person appointed as Vice Mayor shall be the Councilmember whose term ends at the next municipal election and who received the most votes when elected. In odd-numbered years, the person Item 7.8
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appointed as Vice Mayor shall be the Councilmember whose term ends at the next municipal election and who received the next-most votes when elected.
2.6.2 Powers and Duties: The Vice Mayor shall possess and perform the power and duties of the Mayor in the Mayor’s absence. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in the Vice Mayor’s presence.
2.6.3 Term of Office: Beginning in December 2025 and continuing thereafter, the Vice Mayor shall be appointed for a one-year term until the person’s successor is appointed.
2.6.4 Removal from Office: The Vice Mayor may be removed from office, for cause, by a majority vote of the Council. Requests for an agenda item to consider the removal of the Vice Mayor shall be made in accordance with the Council’s procedures for placing items on the agenda set forth in Section 7.2.2.”
The rotation policy requires the Vice Mayor to come from the Council Members whose terms expire at the next municipal election in November 2026. In odd-numbered years, the Vice Mayor is the Council Member in that group who received the next most votes when elected.
Council Member Tingle served as Vice Mayor for 2024 through 2025. Under the adopted policy, the next eligible Council Member is Ronna Green. She received the next highest vote total among the members whose terms end at the 2026 election. Based on the rotation standards, Council Member Green is next in line to serve as Vice Mayor.
Future Rotation Schedule based on adopted Policy:
Council Member Term Ends Votes at the
2024 Election Year of Vice Mayor Rotation
Ronna Green 2026 1,722 2025 (Odd)
Matt Disko 2028 2,838 2026 (Even)
Daniel Harrison 2028 2,227 2027 (Odd)
FISCAL IMPACT
There is no fiscal impact associated with this item.
STRATEGIC PLAN
Not applicable.
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ATTACHMENTS
A. Amended Section 2.6 of the City Council Policies & Procedures Item 7.8
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City Council
Policies & Procedures
Adopted May 27, 2025
Revised Section 2.6 November 12, 2025
Introduction
This document is designed to support productive and respectful collaboration between elected Council Members and City staff. It outlines the roles, responsibilities, and expectations that guide how we conduct the people’s businesses, ensuring transparency, fairness, and good governance.
Our goal is to promote clear communication, mutual understanding, and public trust. These procedures serve as a roadmap for how decisions are made, how meetings are conducted, and how Council Members interact with staff, the public, and one another.
As our city continues to grow, this document will be reviewed regularly to reflect current needs, uphold best practices, and ensure every Council Member is equipped to serve with purpose and integrity.
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SECTION 1. GENERAL ............................................................................................................................1
1.1 PURPOSE.......................................................................................................................................1
1.2 REVIEW. ........................................................................................................................................1
1.3 COMPLIANCE WITH APPLICABLE LAWS.........................................................................................1
1.4 CITY COUNCIL GUIDING PRINCIPLES. ............................................................................................1 SECTION 2 CITY COUNCIL POWERS AND DUTIES ..............................................................................2
2.1. LEGISLATIVE BODY. .......................................................................................................................2
2.2. CITY COUNCIL................................................................................................................................2
2.3 REORGANIZATION OF COUNCIL ....................................................................................................2
2.4 APPOINTMENT TO COUNCIL VACANCY.........................................................................................2
2.5 DUTIES OF THE MAYOR. ................................................................................................................3
2.6 APPOINTMENT OF VICE MAYOR. ..................................................................................................5
2.7 COUNCIL ROLE IN EMERGENCIES. .................................................................................................5
2.8 COUNCIL ROLE IN LABOR NEGOTIATIONS.....................................................................................5
2.9 INCOMPATIBILITY OF OFFICES. .....................................................................................................7 SECTION 3. CITY COUNCIL STANDING AND AD-HOC SUBCOMMITTEES..................................................7
3.4 MEMBER INSTRUCTIONS AND COUNCIL EXPECTATIONS. .............................................................7
3.5 REPORTS TO COUNCIL...................................................................................................................8
3.6 AUTHORITY AND REPRESENTATION..............................................................................................8
3.7 STAFF SUPPORT. ...........................................................................................................................8
3.8 ANNUAL REVIEW OF STANDING AND AD-HOC SUBCOMMITTEES NECESSITY...............................8
3.9 RULES OF ORDER...........................................................................................................................8 SECTION 4. CITY COUNCIL ADVISORY COMMISSIONS............................................................................8
4.1 ESTABLISHMENT OF ADVISORY COMMISSIONS............................................................................8
4.2 COMMISSION MEMBER COMPENSATION. ...................................................................................8
4.3 APPOINTMENT OF COMMISSION MEMBERS ................................................................................9
4.4 COMMISSION RULES OF PROCEDURE AND CONDUCT..................................................................9
4.5 COMMISSION MEETING ATTENDANCE REQUIREMENTS. .............................................................9
4.6 REMOVAL OF COMMISSION MEMBERS. .....................................................................................10
4.7 VACANCY OF SEAT.......................................................................................................................10
4.8 NEPOTISM RESTRICTIONS...........................................................................................................10
4.9 ADVISORY COMMISSION SUBCOMMITTEES. ..............................................................................10
4.10 COMMISSION TRAINING. ............................................................................................................11
4.11 COMMISSION COMMUNICATIONS WITH COUNCIL. ...................................................................11
4.12 COUNCIL COMMUNICATIONS WITH COMMISSIONS. .................................................................11
4.13 COMMISSION ANNUAL WORK PLAN...........................................................................................11
4.14 STAFF SUPPORT FOR COMMISSIONS. .........................................................................................11
4.17 ANNUAL REVIEW OF COMMISSIONS RELEVANCE. ......................................................................12
4.18 COMMISSION LIAISONS. .............................................................................................................12 SECTION 5. CITY COUNCIL ADMINISTRATIVE MATTERS .......................................................................12
5.1 NEW COUNCIL MEMBER ORIENTATION......................................................................................12 Item 7.8
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5.2 RESPONSES TO PUBLIC INQUIRIES. .............................................................................................13
5.3 REIMBURSEMENT .......................................................................................................................13
5.4 TRAINING. ...................................................................................................................................13
5.5 MEETING ROOMS. ......................................................................................................................14
5.6 GENERAL ADMINISTRATIVE SUPPORT. .......................................................................................14
5.7 LEGISLATIVE ADVOCACY VISITS...................................................................................................14
5.8 COUNCIL ACTIVITIES CALENDAR. ................................................................................................14
5.9 CITY COUNCIL COMPENSATION. .................................................................................................14
5.10 USE OF PUBLIC RESOURCES. .......................................................................................................14
5.13 PARTICIPATION IN NON-CITY SPONSORED COMMUNITY ACTIVITIES. ........................................15
5.14 USE OF COUNCIL CHAMBERS. .....................................................................................................15
5.15 USE OF CITY ISSUED EQUIPMENT................................................................................................15 SECTION 6. CITY COUNCIL MEETINGS ..................................................................................................16
6.1 OPEN TO THE PUBLIC. .................................................................................................................16
6.2 BROADCASTING CITY COUNCIL MEETINGS. ................................................................................16
6.3 REGULAR MEETINGS. ..................................................................................................................16
6.4 CANCELING OR CONTINUING MEETINGS....................................................................................16
6.5 SPECIAL MEETINGS. ....................................................................................................................17
6.6 QUORUM. ...................................................................................................................................17
6.7 MINUTES.....................................................................................................................................17
6.9 ADJOURNED MEETINGS. .............................................................................................................18
6.10 EMERGENCY MEETINGS..............................................................................................................18
6.11 STUDY SESSIONS. ........................................................................................................................18
6.13 TELECONFERENCING...................................................................................................................18 SECTION 7. CITY COUNCIL MEETING AGENDA: PREPARATION, POSTING, AND CONTENTS ..............18
7.1 PREPARATION OF AGENDA. ........................................................................................................18
7.2 PLACING ITEMS ON THE AGENDA. ..............................................................................................18
7.3 AGENDA ITEM SUBMISSION DEADLINE.......................................................................................19
7.4 WRITTEN COMMUNICATIONS FOR COUNCIL MEETINGS............................................................19
7.5 POSTING OF NOTICE AND AGENDA.............................................................................................20
7.6 DISTRIBUTION OF AGENDA.........................................................................................................20
7.7 REQUEST TO MOVE AN AGENDA ITEM. ......................................................................................20
7.8 DESCRIPTION OF MATTERS. ........................................................................................................20
7.9 AVAILABILITY TO THE PUBLIC......................................................................................................20
7.10 ORDER OF AGENDA.....................................................................................................................20
7.11 CHANGES TO THE ORDER OF THE AGENDA.................................................................................21
7.12 REMOVAL OF ITEMS FROM CONSENT CALENDAR.......................................................................21
7.13 SUSPENSION OF ORDER OF AGENDA. .........................................................................................22
7.14 LIMITATION TO ACT ONLY ON ITEMS ON THE AGENDA. .............................................................22
7.15 REFERRAL TO STAFF ....................................................................................................................22 SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS...............................................22
8.1 COUNCIL MEMBER PREPARATION FOR MEETINGS.....................................................................22 Item 7.8
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8.2 PARLIAMENTARY RULES OF ORDER. ...........................................................................................22
8.3 PUBLIC HEARING PROCEDURES. .................................................................................................23
8.4 APPEAL PROCEDURES. ................................................................................................................23
8.5 STAFF AND CONSULTANT REPORTS. ...........................................................................................23
8.6 PUBLIC COMMENT......................................................................................................................24
8.7 RULES OF DISCUSSION AND DEBATE...........................................................................................26
8.8 CONSENT CALENDAR. .................................................................................................................29
8.9 CLOSED SESSIONS .......................................................................................................................30
8.10 COUNCIL/STAFF COMMENTS AND DIRECTION ON FUTURE AGENDA ITEMS. .............................31
8.11 CONFLICT OF INTEREST. ..............................................................................................................31
8.12 USE OF ELECTRONIC DEVICES DURING COUNCIL MEETINGS.......................................................32
8.13 RULES OF MEETING DECORUM...................................................................................................32 SECTION 9. CITY COUNCIL RELATIONSHIP AND CONDUCT WITH STAFF. ..........................................35
9.1 RELATIONSHIP AND CONDUCT WITH THE CITY MANAGER. ........................................................35
9.2 RELATIONSHIP AND CONDUCT WITH THE CITY ATTORNEY.........................................................37
9.3 RELATIONSHIP AND CONDUCT WITH STAFF.............................................................................37
9.3.1 GENERAL CONSIDERATIONS. ..................................................................................................37
9.3.2 STAFF COOPERATION..............................................................................................................37
9.3.3 COUNCIL CONDUCT WITH STAFF. ...........................................................................................38
9.4 REQUESTS FOR RESEARCH OR INFORMATION..........................................................................38 SECTION 10. COUNCIL COMMUNICATIONS ...................................................................................39
10.1 ALL COMMUNICATIONS ARE PUBLIC RECORDS. .........................................................................39
10.2 COMPLIANCE WITH RALPH M. BROWN ACT. ..............................................................................39
10.3 CORRESPONDENCE RECEIVED..................................................................................................41
10.4 EXTERNAL COMMUNICATIONS...................................................................................................41
10.6 LOCAL BALLOT MEASURES AFFECTING COUNCIL POLICIES. ........................................................43
10.7 LEGISLATIVE REQUESTS FROM CITY AFFILIATED ORGANIZATIONS .............................................43
10.8 ELECTRONIC COMMUNICATIONS USING CITY-ISSUED AND PERSONAL DEVICES........................43 SECTION 11. CITY COUNCIL CODE OF ETHICS.................................................................................44
11.1 PURPOSE.....................................................................................................................................44
11.2 POLICY.........................................................................................................................................44
11.3 ETHICS.........................................................................................................................................44
11.4 IMPLEMENTATION......................................................................................................................47 SECTION 12. VIOLATION OF POLICIES AND PROCEDURES..............................................................47
APPENDICES
A. City Council Accountability Policy
B. Rosenberg’s Rules Of Order
C. Social Media Policy (Adopted February 2025)
D. Communications Plan (Adopted February 2025)
E. Municipal Emergency Management Plan (MEMP) (Adopted March 2025) Item 7.8
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SECTION 1. GENERAL
1.1 Purpose. These Policies and Procedures are meant to support clear communication, mutual understanding, fairness, and trust between City Council Members and staff. They outline roles, responsibilities, and expectations for managing the City of Mountain House business. Nothing in these Policies and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with state law. This document shall remain in effect until modified by the Council.
1.2 Review. The City Council shall conduct a review of this document biennially, or whenever a new Council Member has been seated or the Council deems necessary, to assist Council Members in being more productive in management of the business of the City. A new Council will consider the document within three months of its first regular meeting.
1.3 Compliance with Applicable Laws. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with all applicable laws, including but not limited to state laws, such as the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act, as amended. If there is a conflict between the Policies and Procedures and an applicable law, the applicable law shall govern.
1.4 City Council Guiding Principles.
1.4.1 City Council Acts as a Single Entity. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Council Member has extraordinary powers beyond those of other members.
Although, the Mayor and the Vice Mayor have additional ceremonial, parliamentary, and administrative responsibilities, as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.
1.4.2 Establishment of City Policy. City policy is established, and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Vice Mayor has veto power or any other policy-making authority beyond that of the other Council Members.
1.4.3 Decisions by a Majority of Members Binding on City Council. While individual Council Members may disagree with decisions of the majority, a decision of the majority binds the City Council to a course of action and provides City staff with clear directions. Similarly, City staff are responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Council Members who hold a minority opinion on an issue.
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SECTION 2 CITY COUNCIL POWERS AND DUTIES
2.1. Legislative Body. The governing legislative body of the City of Mountain House is a City Council consisting of a mayor and four (4) Council Members, all elected by the qualified voters of the City at large. When reference to all the members of the City Council, inclusive of the Mayor and Council Members, is intended, use of the term “City Council” is an appropriate substitute for the term “Mayor and Council Members.”
2.2. City Council.
a) Mayor: The mayor shall hold office for a term of four (4) years. The mayor shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
b) Council Members. Council Members shall hold office for a term of four (4) years. Two (2) Council Member offices shall be elected at each general municipal election. Each Council Member elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
c) Powers. The City Council may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and for the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the State of California. The Council approves the budget and determines the public services to be provided and the taxes, fees, and assessments to pay for these public services. It focuses on the community’s goals, major projects, and longterm considerations, such as, community growth, general plan and land use, development standards, capital improvements, financing, and strategic planning.
2.3 Reorganization of Council. Reorganization of the Council and the seating of new Council Members shall occur at the first regular meeting held following the certification of election results. If the certification is delayed because of a recount or other reason, the Council will wait until the certification is final before holding its reorganization meeting.
Immediately upon election and before being sworn into office, newly- elected Council Members are subject to the provisions of the Ralph M. Brown Act. Seating preferences on the dais shall be made by the Mayor, Vice Mayor, and then by seniority of the rest of the members, in that order. If two (2) Council Members have equal seniority based on year elected, then the Council Member with the higher vote count in their most recent election is considered to have higher seniority.
2.4 Appointment to Council Vacancy. In the event of a vacancy of office by the death or resignation of any Council Member, the Council shall appoint a new Council Member within sixty (60) days from the commencement of the vacancy, in compliance with California Government Code section 36512, unless the Council, by resolution, decides to instead call a special election. In the event of an appointment, the Council shall determine the process for appointment prior to the application process and in accordance with state law.
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2.5 Duties of the Mayor.
2.5.1 Presiding Officer. The mayor shall be the Presiding Officer and shall maintain order and decorum and decide questions or procedures, subject to the right of the Council to override such decisions by majority vote. The Presiding Officer shall call the meeting to order at the appointed hour and conduct the meeting as prescribed by these procedures and the laws of the State of California, including the following:
a) The mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as the Presiding Officer. The mayor shall possess no veto power. b) The mayor shall present every question before the Council, call for a vote, announce the Council’s decision on all subjects, and decide all questions of order. These rules should be subject to appeal to the City Council; in which event a majority vote of the City Council shall govern and conclusively determine such a question of order.
c) The mayor is eligible to vote on all motions and shall direct the order of participation of Council Members. The mayor shall, in all instances, have the last chance to speak.
d) The mayor shall always preserve strict order and decorum. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: the length of time persons may speak, require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.
2.5.2 Signing of City Documents. The mayor, unless unavailable, shall sign all ordinances, resolutions, contracts/agreements, and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign such documents.
In the event the mayor is unavailable or has a conflict of interest, the Vice Mayor’s may sign.
2.5.3 Representation at Ceremonial Functions. The mayor shall represent the Council at ceremonial functions. The mayor may, at his/her own discretion, ask the Vice Mayor or another Council Member to represent the Council at the function.
Voluntary attendance at ceremonial functions by Council Members is encouraged.
2.5.4 Issuance of Proclamations, Commendations, Special Recognitions. All requests for proclamations, commendations, and certificates of recognition will be issued in accordance with the City’s Ceremonial Document Policy and are subject to review Item 7.8
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and approval by the City Manager or designee, or the mayor. These ceremonial documents may be issued in recognition of the following:
• Extraordinary achievement or outstanding community service • Charitable fundraising events of local non-profit organizations (i.e., a Mountain House-based non-profit or a local branch of a state or national nonprofit) • Milestones for individuals or organizations, such as major birthdays (age 100 or older) or anniversaries (75 years or over)
• Retirements of individuals who have made significant contributions to the community
• Local art and cultural celebrations
• Public awareness campaigns
Proclamations and commendations are typically signed by the mayor and are prepared in response to the type of recognition requested. They may be presented at a City Council meeting or at an outside event or meeting. Presentation at a City Council meeting is typically reserved for instances when a local representative is available to attend and accept the document.
A meeting may also be adjourned in memory of an individual at the request of the mayor or any member of the City Council. Such a request should be submitted to the Mayor or the City Clerk in advance of the meeting. The announcement will be made at adjournment.
Requests may be made by a Council Member, a resident of Mountain House, or a representative of a local organization. Requests must be submitted in writing to the City Clerk’s office via e-mail, hand delivery, or U.S. mail using the “Request for Recognition” form found on the City’s website. Submissions must be received at least six (6) weeks prior to the desired date of recognition. Requests submitted fewer than six (6) weeks in advance will not be granted, except in limited circumstances.
All requests must include:
• Contact person’s name, phone number, and e-mail address • Name of the individual or organization to be recognized • The specific date for recognition
• Whether the requester would like the proclamation to be presented at a City Council meeting
• The date of the Council meeting, if applicable
• Draft text of the proclamation or certificate, including four (4) to five (5) "whereas" clauses if a proclamation is requested
• A mailing address if the document is not being presented at a Council meeting Proclamations must fit on a single 8½" x 11" page, use an 11- or 12-point font, and allow space for City Council signatures.
The City retains the right to modify, edit, or decline any request to meet its needs, policy determinations, or format standards. The City will not issue proclamations or recognitions related to ideological or religious beliefs, individual convictions, or Item 7.8
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political/legislative matters that suggest an official City position or endorsement.
However, this restriction does not prevent the City from recognizing cultural holidays or events celebrated by religious communities.
No proclamation or certificate may be used in advertising or commercial promotion without the express permission of the City Council.
Presentation and receipt of a proclamation or certificate at a City Council meeting shall not exceed five (5) minutes unless otherwise approved by the mayor.
2.5.5 Absence of Mayor. In the absence of the Mayor, the Vice Mayor shall serve as Presiding Officer. In the absence of the Vice Mayor, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the mayor, or Vice Mayor, or until adjournment.
2.6 Appointment of Vice Mayor.
2.6.1 Appointment Procedure: The City Council shall appoint a Vice Mayor. The appointment shall be made at the first regular meeting in December, unless the first meeting in December occurs prior to the certification of the municipal election results, in which case the appointment shall be made at the next regular meeting of the City Council. In even-numbered years, the person appointed as Vice Mayor shall be the Councilmember whose term ends at the next municipal election and who received the most votes when elected. In odd-numbered years, the person appointed as Vice Mayor shall be the Councilmember whose term ends at the next municipal election and who received the next-most votes when elected.
2.6.2 Powers and Duties: The Vice Mayor shall possess and perform the power and duties of the Mayor in the Mayor’s absence. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in the Vice Mayor’s presence.
2.6.3 Term of Office: Beginning in December 2025, and continuing thereafter, the Vice Mayor shall be appointed for a one-year term until the person’s successor is appointed.
2.6.4 Removal from Office: The Vice Mayor may be removed from office, for cause, by a majority vote of the Council. Requests for an agenda item to consider the removal of the Vice Mayor shall be made in accordance with the Council’s procedures for placing items on the agenda set forth in Section 7.2.2
2.7 Council Role in Emergencies. See the Municipal Emergency Management Plan. (Appendix E)
2.8 Council Role in Labor Negotiations. Labor relations and negotiations in the City are governed by the Council-Manager form of government, the Meyers-Milias-Brown Act (“MMBA”), California Government Code section 3500 et seq., and the various ground rules adopted during the bargaining process. An overriding requirement of labor negotiations set forth in the MMBA is that the parties meet and confer in good faith. The following guidelines are to assist the Council in ensuring this requirement.
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2.8.1 Designation and Duties of Employee Relations Officer. While the City Council’s role is to determine the City’s broad negotiating objectives, the negotiations are conducted on the City’s behalf by the City’s principal Employee Relations Officer.
The City Council has designated the City Manager or designee as the Employee Relations Officer and the City’s principal representative in all matters of employer-employee relations. The Employee Relations Officer, also referred to as the Chief Negotiator, has the authority to meet and confer in good faith on all matters of employer-employee relations. The Chief Negotiator may designate a team of people comprised of internal staff and/or outside consultants to assist with negotiations.
2.8.2 Guidelines for Good Faith Negotiations. Both the City and the bargaining units have an obligation under applicable laws to negotiate in good faith. The purpose of this section is to establish guidelines, in the interest of fairness and integrity in the bargaining process, for City Council Members during labor negotiations. This section does not seek to direct or control the actions of labor; rather, it seeks to impose a level of self-discipline by the City Council on its own members.
Adherence to the guidelines will avoid actions that could circumvent designated bargaining teams and help to ensure that labor negotiations are conducted in good faith.
a) All labor negotiations shall be conducted by designated representatives at the bargaining table. No Council Member will individually negotiate with any bargaining unit member. Any inquiries received by a Council Member from a bargaining unit’s representative regarding bargaining proposals shall be referred to the City’s authorized designated bargaining team. b) The Council shall provide direction/authority to the designated bargaining team in closed session through a majority agreement. The City’s designated bargaining team, and not the City Council, will communicate the City’s proposals and position at the bargaining table.
c) The City’s designated bargaining team shall provide updates on the status of negotiations in closed session as needed. Council Members shall direct any follow-up questions related to labor negotiations to the City Manager. d) Consistent with Government Code section 54963 (the Ralph M. Brown Act), closed session discussions regarding labor relations are to be held in the strictest confidence and Council Members shall not disclose any closed session discussion regarding negotiations.
e) If bargaining unit members ask Council Members any questions, provide any feedback, or make general comments about the status of negotiations, they shall be referred to their bargaining representative in all instances. By talking with union representatives during negotiations about the substance of the negotiations, a Council Member runs the risk of intentionally or inadvertently disclosing confidential information, breaching the established ground rules, opening the City up to a claim of breach of good faith meet and confer obligation, and/or undermining the City’s negotiations. f) In the event a bargaining unit member speaks with a Council Member, the Council Member shall disclose to the City Manager and to the entire City Council material facts regarding issues related to ongoing negotiations.
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g) Council Members should avoid statements in open session regarding the City’s bargaining position that might imply a fixed position contrary to the duty to collectively bargain which can result in direct dealing and unfair labor practice charges for bad faith bargaining in violation of labor relations laws (e.g., “There is no way we can provide City employees a raise.”). Instead, a Council Member may wish to discuss general challenges facing the City that could impact its position in collective bargaining, without committing to a position (e.g., “The City is facing several fiscal challenges and it cannot overlook where its ongoing costs outpace revenues, and this will have to be taken into consideration as part of our ongoing labor negotiations.”).
2.9 Incompatibility of Offices. In general, California law prohibits public officials from simultaneously holding more than one (1) public office when the functions or responsibilities of the two (2) offices have the potential of overlapping. This prohibition arises from a concern over the potential clash of two (2) public offices held by a single official with potentially overlapping public duties. State legislature may, however, expressly authorize through legislation the holding of two (2) offices notwithstanding the fact that dual holding would otherwise be prohibited. Council Members should always contact the City Attorney prior to considering any other public office.
SECTION 3. CITY COUNCIL STANDING AND AD-HOC SUBCOMMITTEES
3.1 Formation of Subcommittees. The City Council may create standing and ad-hoc subcommittees as may from time to time be needed to accomplish the work of the Council and shall specify the duties and tasks of each subcommittee and/or the general subject matter of the subcommittee. The subcommittees shall consist of at least one (1), but not more than two (2), Council Members to advise the Council on the matters assigned to the subcommittees. It will be the responsibility of these subcommittees to inform and make recommendations to the Council and submit them to the Council for a vote.
3.2 Subcommittee Appointments and Removals. The mayor shall appoint Council Members to subcommittees with ratification by the Council. However, prior to appointing a Council Member to a subcommittee, the mayor shall obtain the consent from the said Council Member to be appointed. Subcommittee Council Members serve at the pleasure of the Council and may be removed at any time by a majority vote of the Council. The Council Member first appointed to each committee shall act as its chair.
3.3 Subcommittee Term. Terms of the standing subcommittee shall be a two (2) year term beginning the first January after the election of members to the City Council, or as determined by the City Council at the time of subcommittee formation. Ad-hoc committee members shall be appointed as needed, with a defined scope of work or duties, and the ad hoc committee shall automatically dissolve upon the completion of that work or duties.
3.4 Member Instructions and Council Expectations. The Council shall ensure that all subcommittees are properly instructed regarding their assigned scope of work and Item 7.8
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responsibilities. The duties and/or outcome of each subcommittee shall be defined per the resolution forming the subcommittee, which must be approved by a majority of the City Council.
3.5 Reports to Council. Subcommittees shall keep the Council informed on the issues being considered and their progress. This is to be accomplished by meeting minutes distributed in the Council meeting packets or through oral reports to Council during “City Council Comments.” Written reports or minutes shall be provided whenever a recommendation is made to the Council. Whether or not there is agreement between the (2) Council Members in a subcommittee, the report to the City Council will reflect the position of both members. Subcommittees are responsible for advising the Council of any need for information or more specific instructions.
3.6 Authority and Representation. Council subcommittees shall have only those powers and address only those policy issues expressly assigned to them by the City Council.
Subcommittee members may only give recommendations to City staff consistent with the authorization given to them by the Council. They may not hold themselves out as representing the City Council or the positions of the City Council, without the express authorization of a majority of the Council given at a properly noticed City Council meeting.
3.7 Staff Support. The subcommittees may request information from the City staff but shall not direct staff in the performance of their duties or in their recommendations to the City Council. All staff involved with a subcommittee shall be subject to the approval of the City Manager so as not to unduly interfere with day-to-day operations or priorities established by the Council. Council Members will receive a calendar of scheduled meetings of the standing and ad-hoc subcommittees. Use of staff for purposes that are not consistent with adopted City Council policies must be approved by the City Council.
3.8 Annual Review of Standing and Ad-Hoc Subcommittees Necessity. The City Council will review annually the relevance of standing and ad-hoc subcommittees to the City Council’s current Strategic Plan Goals and Objectives and will eliminate those which are determined by a majority of the Council to be no longer necessary.
3.9 Rules of Order. All subcommittees shall use the same rules of order and comply with applicable laws for conducting meetings as the City Council.
SECTION 4. CITY COUNCIL ADVISORY COMMISSIONS
4.1 Establishment of Advisory Commissions. The Council shall establish such commissions and committees as they deem appropriate to provide policy advice. Each commission shall be advisory only, unless otherwise specified in the ordinance or resolution establishing the commission. A specific ordinance or resolution shall be adopted for each commission stating its purpose, duties, residency requirements, qualifications, and number of members. Agendas and meeting minutes of commissions and committees shall be distributed to the City Council.
4.2 Commission Member Compensation. No compensation shall be provided for the members of any of the City commissions that are or may be established pursuant to an Item 7.8
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ordinance or resolution of the City Council, except where otherwise provided for in said ordinance or resolution.
4.3 Appointment of Commission Members. Appointment of Commission Members and Appointments to Outside Agencies. Pursuant to Government Code section 40605 the mayor, with the approval of the City Council, shall make all appointments to commissions unless otherwise specifically provided by statute.
4.3.1 Notice of Vacancies. On or before December 31st of the year following an election, the City Clerk shall prepare a local appointments list for all regular and ongoing commissions. The City Clerk shall advertise applications to fill vacancies on commissions as required by state law. The local appointment list will contain a list of all appointive positions that will expire during the next calendar year, with the name of the incumbent appointee, date of appointment, date the term expires, and the necessary qualifications for the position, and a list of all commissions and the necessary qualifications for each position.
4.3.2 Filing of Applications. All people interested in filling the vacancy, including incumbents, shall file an application on a form approved by the council within the designated filing period. A person may file one (1) application for all vacancies which may occur on boards or commissions within the calendar year that the application is received, provided that a new application must be filed for vacancies in succeeding calendar years.
4.3.3 Scheduling of Interviews. The City Council shall create an ad-hoc interview subcommittee for that purpose, within thirty (30) days following any application deadline, or as close to that date as is possible to schedule. Incumbents whose terms are expiring will also be scheduled for interviews. Incumbents will be provided with a copy of their previously submitted applications in advance so that they may be updated as necessary.
4.3.4 Appointment Process. The Committee will interview applicants individually and each member of the Council briefly could ask the applicant questions, if they choose. The Committee will make a recommendation to the City Council. Council discussion and deliberation may ensue. The mayor will then appoint the new Commission members once a majority vote for the City Council is obtained.
4.4 Commission Rules of Procedure and Conduct. Commissions shall hold regular and special meetings as required in compliance with all applicable open meetings and conflict-ofinterest laws of the State. The rules of procedure and code of conduct that govern the City Council shall apply with equal force to all Council advisory boards and commissions.
4.5 Commission Meeting Attendance Requirements.
a) Members of each commission are expected to make every effort to attend all meetings and be present for the entire meeting. Members are allowed to miss no more than 25% of their meetings held in each twelve (12)-month period from the anniversary date of their appointment.
b) The Chair of the commission shall notify the City Clerk in writing (with a copy of the City Council) of any member that is in violation of this policy. The City Clerk will then Item 7.8
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send a letter to the member indicating his/her non-conformance to this policy stating that with an additional absence in that same twelve-month period, the member’s position on the commission will be automatically vacated. If an additional absence occurs within that same twelve-month period, the position shall automatically be vacated. The City Clerk shall notify the members, City Council and commission of the vacancy.
4.6 Removal of Commission Members.
a) Commissioners serve at the pleasure of the City Council. Unless otherwise provided by law or the document establishing the commission, the Council may, by majority vote, remove any person appointed to such body at any time at a special or regular Council meeting, with or without cause.
b) Any member of the City Council may initiate a person's removal from a commission by requesting that consideration of the person's removal be placed on the Council's agenda at a regular or special meeting for discussion and potential action. If three (3) or more Council Members wish to agendize the removal of a certain Commissioner, the item will be placed on the Council agenda. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a commission.
4.7 Vacancy of Seat.
a) Vacancies are caused by any of the events specified in California Government Code section 1770, as may be amended. Whenever an unscheduled vacancy occurs notice shall be posted in the City Clerk’s office, Town Hall, and published in a local newspaper, within twenty (20) days after the vacancy occurs. A final appointment with the committee or commission to fill the vacancy shall not be made for at least ten (10) working days after posting of the notice.
b) If the City Council determines that an emergency exists, it may fill an unscheduled vacancy immediately. Persons appointed to fill vacancies shall serve on an acting basis until the final appointment is made, and in no event longer than the unexpired term unless reappointed.
4.8 Nepotism Restrictions. Relatives of a Council Member, the City Manager or a department director shall not be eligible for appointment with any commission. “Relatives” includes spouses; parents; siblings; children (including adoptive, foster or step); in-laws; grandparents; grandchildren; aunts; uncles, nieces; nephews; and any other legally related persons living in the same household as the City Council Member, City Manager or department director.
4.9 Advisory Commission Subcommittees. The creation of any subcommittee of any commission does not require pre-approval by the City Council. The City Council shall receive notice of such a subcommittee, and all meetings must be publicly noted, and in all other respects, must comply with the Ralph M. Brown Act. The subcommittee may not utilize any staff time without conferring with the City Manager, who shall determine if approval of the City Council is warranted due to the impact on day-to-day operations and accomplishment of Council-adopted priorities.
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4.10 Commission Training. All chairs, vice chairs and new members of commissions committees will receive annual training on the scope, purposes and procedures of their groups. All members are required to complete Ethics training within sixty (60) days of being appointed and every other year thereafter. Members shall also complete such other training as directed by Council. Failure to complete the required training can result in the removal from the commission by the City Council.
4.11 Commission Communications with Council. If the commission wishes to communicate recommendations to the City Council, they must do so through the approved City Council agenda procedures. In addition, if a commission wishes to correspond with an outside agency, that correspondence will be prepared by staff for review by the City Manager and approval by the City Council.
4.12 Council Communications with Commissions. The City Council appoints individuals to serve on commissions, and it is the responsibility of commissions to follow the policy established by the Council. Members of the City Council should not attempt to influence or publicly criticize commission recommendations, or to influence or lobby individual members on any item under consideration. It is not appropriate for a Council Member to make public comments at a commission meeting. It is important for such bodies to be able to make objective recommendations to the City Council on items before them.
Members of the Council who attempt to influence commission positions on any item may prejudice or hinder their role in reviewing the body’s recommendation as a member of the Council.
4.13 Commission Annual Work Plan. All programs, projects, funding and staffing requests must be approved by the City Council. By February 1 each year, every commission shall develop a work plan which contains their goals and objectives for the coming fiscal year.
This work plan shall be transmitted to the City Council along with any requests for funding or additional staffing for programs or projects in the coming fiscal year. The City Manager will also include a report in the transmittal providing his or her assessment of the staffing and resources required to support the work plan.
4.14 Staff Support for Commissions. Staff support, and assistance is typically provided to Council appointed commissions and committees. However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager. The members of the commission are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with City policies and practices as outlined in City ordinances and policies. It is ultimately up to the City Manager and City Council to determine what level of staff support will be provided to each commission.
4.14.1 Staff Responsibilities: Staff support includes preparation of an agenda and its posting in compliance with the Ralph M. Brown Act and assisting the chair to ensure appropriate compliance with state and local laws and regulations. Staff may also take minutes as needed and prepare reports providing background on the issue, alternatives, recommendations and appropriate backup materials, if Item 7.8
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necessary to provide the members with sufficient information to reach decisions based upon a clear explanation of the issues.
4.14.2 Determination of Staff Support. At the time the commission is created by the City Council, the City Manager shall provide the Council with a report assessing what staffing and resources will be required to support the work of the commission.
The City Manager will identify any staffing or budget issues or concerns and make recommendations to the City Council on additional resources that might be needed. During the annual review of the commission’s work plan the City Manager will reevaluate whether the current staffing and resources being provided are adequate to support the work of the commission and make a report to the Council.
4.17 Annual Review of Commissions Relevance. The City Council will annually review each of the City’s commissions, boards and committees to determine the relevance of their work plan, membership and organization to the accomplishment of the City Council’s Goals and Objectives. The City Council may make such changes as it deems necessary to the work plans, membership and organization of the commissions, boards and committees, on an as-needed basis.
4.18 Commission Liaisons. To facilitate the exchange of information between the Council and its Commissions, the Mayor may annually make liaison appointments to the Commissions. These appointments shall be arranged by the Council. Council Members shall respect the separation between policy making and advisory Commissions by: A) not attempting to lobby or influence Commissions on any item under their consideration; B) attending meetings of assigned Commissions, as needed, but not taking a position on an item before the Commission; C) not voting at the Commission’s meeting on any item; and D) assisting the Commission in scheduling recommendations to be heard by the Council. If an issue arises regarding a member of any Commission, staff may work with the assigned Council Liaison to resolve the issue.
SECTION 5. CITY COUNCIL ADMINISTRATIVE MATTERS
5.1 New Council Member Orientation. Welcoming newly elected Council Members and providing them with the appropriate orientation and resources is crucial to developing an effective, cohesive governance team.
Current Council Members are encouraged to reach out to newly elected members to welcome them and build productive working relationships. a) The City Manager will provide a formal orientation for new Council Members to:
1. Explain roles and responsibilities;
2. Introduce department heads;
3. Provide practical information such as access to Town Hall, office space, security procedures, meeting protocols;
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4. Study a typical City Council meeting agenda and explain the order of business, consent calendar, business from the floor, and other meeting sections and protocols, such as, making motions and providing direction to the City Manager and staff during a City Council meeting.
5. Review rules regarding confidentiality, the Ralph M. Brown Act, and gift reporting;
b) Council Members shall work through the City Manager or designee, to schedule additional meetings with department heads and/or tours of City facilities to gain a better understanding of City services and operations.
5.2 Responses to Public Inquiries. It will be the responsibility of the City Manager to ensure a response is provided to all public correspondence for informational requests addressed to the City Council. Staff shall respond to all requests for services and provide a copy of such correspondence to the City Council, as appropriate.
5.3 Reimbursement. In accordance with City policy, City Council Members may be reimbursed for travel, lodging, meals, and certain incidental expenses for attendance at conferences, meetings, training or other activities related to their role as a Council Member. Reimbursements shall be subject to the City’s Travel and Expense Policy.
5.4 Training. Council Members are expected to: make decisions on a breadth of community issues, guide City policy, engage in strategic planning, oversee a multi-million-dollar budget, and act within the confines of numerous laws. Training can be a valuable tool to become and remain an effective Council Member. Understanding the value and necessity of training, the City’s annual budget includes funding for Council Member training, both mandatory and optional. Staff will assist Council Members in attending training opportunities, including related travel arrangements. Council Members and individuals appointed to advisory commissions by the City Council shall receive training on the following topics.
a) Ethics (AB 1234): State law requires Council Members and commissioners to receive at least two (2) hours of ethics training in general ethics principles and ethics laws relevant to his or her public service every two (2) years. New Council Members and commissioners must receive this training within their first year of service.
b) Sexual Harassment Prevention (AB 1661): State law requires Council Members and commissioners to receive at least two (2) hours of sexual harassment prevention training every two (2) years, per state law. New Council Members and commissioners must receive this training within their first six (6) months of service.
c) Brown Act: Members and commissioners shall receive training on the requirements of the Ralph M. Brown Act at the time they begin their service and once every two (2) years thereafter.
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d) Other Training: From time to time, the City Council may direct members of the City Council and commissions to receive training on different topics that enhance parliamentary, decision-making skills, team dynamics skills, and subject area knowledge. The city provides opportunities for Council Members to complete these training courses and will notify Council Members when training is available.
Additionally, Council Members may receive this training from outside sources, such as through the League of California Cities.
e) Council Members must file a training certificate of completion with the City Clerk.
The City Clerk is required to keep training records for five years to document and prove that these continuing educational requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.
5.5 Meeting Rooms. In the course of their official duties, Members of the Council may utilize meeting space located in the Town Hall by scheduling through the City Manager’s Office.
All other uses of City facilities should be requested through the City Manager and will be considered on a case-by-case basis.
5.6 General Administrative Support. General day-to-day administrative support to Council Members is provided through the City Manager’s office or designee. These services include scheduling appointments, distribution of mail, coordination of business-related meetings, training, events and conferences, drafting of press releases, proclamations, and other forms of recognition, and receipt of telephone messages as needed. Council Members should be sensitive to the workload of support staff members in the City Manager’s office. Should requested administrative support tasks as defined herein require significant time commitments, prior consultation with the City Manager is requested.
5.7 Legislative Advocacy Visits. Staff will coordinate travel arrangements for the City Council for federal legislative advocacy visits made exclusively to solicit federal aid on behalf of the City of Mountain House.
5.8 Council Activities Calendar. A two (2) month calendar is maintained by the City Manager’s office identifying all standing meetings, workshops, special events, and holidays of interest. The calendar will be provided to Council Members as part of their agenda materials. The City Manager highly encourages that all functions, events or meetings to be attended by individual Council Members are included in the master calendar.
5.9 City Council Compensation. Council Member compensation is governed by state law and the Mountain House Municipal Code.
5.10 Use of Public Resources.
5.10.1 Purpose. The purpose of this policy is to define procedures for the use of public resources by Council Members for purposes other than City Council meetings or other official City business. Public resources include but are not limited to City facilities, staff time, equipment and City technological resources (e.g. website, social media sources, and e-mail systems). This policy does not prohibit individual Item 7.8
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City Council Members from renting meeting space in City facilities under the same terms and conditions as are available to members of the public.
5.10.2 City Council Authorization Required. Requests for use of a City facility by a Council Member for a community meeting, gathering or similar event shall be reviewed by the City Council. Use of public resources to support such events shall be prohibited unless the City Council has expressly approved the event as a Citysponsored or co-sponsored event.
5.10.3 Ralph M. Brown Act Compliance. In situations where the City Council has taken action to sponsor or co-sponsor a community meeting, the meeting shall be conducted in accordance with the Brown Act. This includes posting an agenda for the City Council and any City advisory bodies that may have a majority of their members attending the meeting.
5.10.4 Prohibition of Personal Purposes or Campaign Activities. Use of public resources for any personal purpose or campaign activities shall be prohibited in accordance with Government Code sections 8314 and 54964.
5.13 Participation in Non-City Sponsored Community Activities. From time to time, Council Members may choose to participate in community activities, committees, and events.
When a Council Member participates in these types of activities, the Council Member is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Council Member as its representative for the matter.
5.14 Use of Council Chambers. The City Clerk shall be responsible for maintaining a calendar for the use of the Council Chamber. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. Consideration may be given to other governmental agencies, however, regularly scheduled meetings by other agencies shall be discouraged. When a question arises regarding permission for any group to use the facility, the City Manager shall have the authority to make the final decision.
5.15 Use of City Issued Equipment. To enhance the Council Members’ ability to communicate with staff and the public, City-purchased equipment, such as laptops/tablets, are provided, as well as access to the City’s e-mail system.
5.15.1 Ralph M. Brown Act. The use of technological devices to communicate with a majority of Council Members to conduct City business is a “meeting” under the Ralph M. Brown Act. Technological devices include, but are not limited to, phones, faxes, e-mail, public access cable TV, and video. Use of such devices to discuss City business outside of a noticed, public meeting violates the Brown Act.
5.15.2 Public Records. Any “writings”, as defined by Gov. Code, § 7920.545, containing information relating to the conduct of the public’s business prepared, owned, used, or retained by the city regardless of physical form or characteristics (e.g., email, texts, pictures, letters, symbols, telephone records, etc., are public records under the California Public Records Act. City information systems and storage Item 7.8
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media are the property of the City and deleted documents, messages, and data may be retrieved in electronic discovery.
5.15.3 Other Prohibitions. Personal use of City-issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.
SECTION 6. CITY COUNCIL MEETINGS
6.1 Open to the Public. All meetings of the City Council, except for closed sessions as authorized by law, shall be open to the public and properly noticed.
6.2 Broadcasting City Council Meetings. All regular Council meetings and study sessions shall be scheduled in the Council Chambers to allow for web streaming, unless the number of participants exceeds room capacity. All regular City Council meetings and study sessions shall be videorecorded, unless the City is unable to do so due to unforeseen circumstances or circumstances beyond the City’s control, in which case the meeting shall be audio-recorded. All other public meetings of the City Council shall be audio recorded as practical. Each such video and audio recording shall be a public record subject to inspection pursuant to state law. The video recording of meetings of the City Council will be made available within one week of the meeting by webcast and maintained by the City Clerk as provided for in the City’s adopted records-retention schedule.
Closed session discussions shall not be recorded, unless mandated by a court of competent jurisdiction
6.3 Regular Meetings.
a) The City Council shall hold its regular meetings on the second (2nd) and fourth (4th) Wednesday of each month at 7:00 p.m. At the first regular meeting in December, the City Council will approve the schedule of meetings for the next calendar year, which shall be the Council’s adopted regular meeting schedule. This practice does not, however, preclude the mayor or a majority of the members of the City Council from calling additional meetings as arranged forth herein, if necessary. If the Council schedules a meeting that is not part of the adopted regular meeting schedule, that meeting shall be a special meeting or a study session or adopting a Resolution to change the date of a regular meeting.
b) It will be customary to have a recess at the request of a Council Member. Prior to the recess, the mayor shall announce whether any items will be carried over to the next meeting. No new items will be started after 10:00 p.m. Remaining items, however, may be considered by consensus of the Council.
6.4 Canceling or Continuing Meetings.
6.4.1 Canceling a Meeting. Any meeting of the City Council may be cancelled in advance by majority vote of the Council or at the request of the City Manager or City Attorney for good cause. The mayor may cancel a meeting in case of an emergency or when a majority of Council Members have confirmed in writing to the City Manager their unavailability to attend a meeting or agreement to cancel a meeting. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law.
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6.4.2 Continuing a Meeting. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a certain date without re-noticing, upon a majority vote of the City Council, or by the mayor at the request of the City Manager or City Attorney for good cause.
6.5 Special Meetings.
a) A special meeting may be called at any time by the mayor or by a majority of the City Council in accordance with state law. Written notice of any such meeting must specify the purpose of the meeting and the identities of members making the call. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice.
b) The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to attend to City business. These meetings will be coordinated by the City Clerk. Study sessions, which are special meetings, are scheduled to provide Council Members with the opportunity to better understand a particular item.
6.6 Quorum.
a) Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three Council Members appear at a regular meeting, the Mayor, or Vice Mayor, in the absence of the mayor, or any Council Member in the absence of the Mayor and Vice Mayor, or in the absence of all Council Members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated date and time. b) City Council business may be conducted with a quorum; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non-urgency ordinances may require a higher vote threshold for approval.
6.7 Minutes. The City Clerk shall prepare minutes of all public meetings of the City Council.
6.7.1 Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during open session and closed session discussions. Action minutes will include final motions and will note for the record each Council Member’s vote. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the comments, and in public hearings, whether they spoke in support or opposition to the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
6.7.2 Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
6.7.3 Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Council Member who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
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6.9 Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law.
6.10 Emergency Meetings. The City Council may hold an emergency meeting as defined in state law without complying with either the 72-hour notice requirement, or the 24-hour posting requirement, or both.
6.11 Study Sessions. The purpose of work/study sessions is to assist the City Council with the analysis and development of policy matters. When a work/study session is held, Council Members will meet in the Council Chambers unless otherwise notified according to state law. Members of the public are encouraged to attend work/study sessions. Comments on an item appearing in the work/study session section of the agenda will follow the staff presentation and Council discussion.
6.13 Teleconferencing. City Council Members may participate in meetings via teleconference only when authorized by state law, as may be amended. (Presently authorized by Gov. Code 54953(b), 54953(e), and 54953(f)–(k).
SECTION 7. CITY COUNCIL MEETING AGENDA: PREPARATION, POSTING, AND
CONTENTS
7.1 Preparation of Agenda. The City Manager or designee, and the City Clerk shall be responsible for preparing the agenda.
7.2 Placing Items on the Agenda.
7.2.1 City Manager. The City Manager may place such items on the agenda that are routinely scheduled for Council consideration including but not limited to:
a) Discretionary permits; budget appropriations, amendments, and expenditures b) Items related to adopted Council goals and priorities, c) Routine, generally non-substantive matters determined by the City Manager or City Attorney to be appropriate for immediate consideration by the Council, d) Items which require immediate action by the City Council due to an emergency, the request of another governmental agency, or other matters which in the judgment of the City Manager or City Attorney would disadvantage the city if a delay were to occur.
7.2.2 City Council. Any member of the Council may request that an item be added to a future agenda following the procedures outlined below.
a) Submission of Written Requests: A Council Member may request that an item be placed on an upcoming agenda by submitting to the City Manager and City Clerk a written request, not exceeding one page, in conformance with the timelines set forth within the agenda deadline rules contained herein. The City Manager will place the item under the “Future Agenda Items” section of the agenda. A majority Item 7.8
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of the Council present must approve the placement of the item on a future agenda for discussion.
b) Request at a Regular Meeting. During the Council comments section of the agenda, any member of the Council may make a request to add an item under “Future Agenda Items” on an upcoming agenda. The City Manager shall agendize the item for the earliest possible date depending on staff workloads and other Council priorities. A majority of the City Council will then consider whether to place the item on a future agenda for discussion.
c) Staff responsibilities. Staff shall not be required to prepare a report or any analysis of the item unless deemed necessary by the City Manager.
7.2.3 Public. During public comments or by prior correspondence with a Council Member, a member of the public may request that the Council consider an item on a future agenda.
Any Council Member can request the item be agendized following the procedures outlined in Section 7.2.2.
7.2.4 Urgency Matters. If the City Manager, City Attorney, or a Council Member desires to bring an item that was not noticed on an agenda, then the person making such a request shall provide a detailed account that the need to take action on the item came to their attention after the agenda was posted and sufficient information regarding the need to take immediate action. The Council should then consider the matter if the Council by 2/3 vote (or unanimous vote if less than 2/3 are present) makes the required findings in accordance with the provisions of the California Government Code.
7.3 Agenda Item Submission Deadline. All items to be included on the agenda noticed shall be submitted to the City Clerk. The agenda meeting with the mayor and staff shall take place after the deadline.
7.4 Written Communications for Council Meetings. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report. Correspondence received after the publication of agenda packets is to be compiled and distributed to the City Council prior to the City Council meeting as outlined below.
a) The deadline for the receipt of written communications for inclusion in the agenda packet shall be determined by staff on a project-by-project basis. This is to allow for adequate staff review and analysis, and to ensure public access to information, plans, correspondence, and other supporting documents to an item being heard by the City Council.
b) Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.
Documents (six (6) copies are recommended) that members of the public submit to the City Council at the meeting shall be given directly to the City Clerk for distribution and shall not be given directly to the City Council. The documents will be available to the public on the City’s website within 48 hours of the conclusion of the meeting.
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c) If a Council Member receives materials regarding an agenda item, they shall forward it to the City Clerk and the City Manager as soon as possible. d) If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate commission if significant changes to a project, or significant new information has become known. e) Except for records exempt from disclosure under the California Public Records Act or otherwise law, agendas or any other writings distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public upon request.
7.5 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. Posting is to be in accordance with state law.
7.6 Distribution of Agenda. The agenda for the following meeting shall be prepared and distributed by the City Clerk in compliance with the Ralph M. Brown Act. The distribution shall be to each Council Member and shall be made available to the public at the City Clerk’s office. The City Clerk shall post the agenda at least 72 hours in advance for a regular meeting, and at least 24 hours in advance of a special meeting, in a location freely accessible to the public, indicating the time and place of the meeting.
7.7 Request to Move an Agenda Item. Council Members may request that one (1) item be moved to a different agenda if they are absent from a particular meeting, and only where the item is not time sensitive.
7.8 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration.
7.9 Availability to the Public. The agenda for any regular, special, or study session meeting shall be made available to the public as required by law.
7.10 Order of Agenda. So far as practical, the business meetings of the Council shall include all the following items.
7.10.1 Regular Meetings.
1) Call to Order and Roll Call
2) Pledge of Allegiance
3) Moment of Silence
4) Approval of Agenda
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5) Public Comment
6) Recognition, Announcements, or Presentations
7) Committee/Commission Reports
8) Consent Calendar
9) Policy and Action Items
10) Discussion Items
11) City Manager Update
12) Future Agenda Items
13) City Council Comments
14) City Attorney Comments
15) City Manager Comments
16) Adjournment
7.10.2 Adjourned, Special or Other Council Meetings.
1) Roll Call
2) Agenda items in the order listed
3) Agenda items continued from regular meeting
4) Special items not on the agenda which the Council determines to call within the categories listed in the Ralph M. Brown Act
5) Adjournment
7.10.3 Public Hearings. All matters set for public hearing shall be heard or continued with the hearing open at the date and time set regardless of any business than before the Council.
7.11 Changes to the Order of the Agenda. Changes to the order of the agenda may occur under “Approval of the Agenda.” The Mayor, Council Members, and/or City staff may request a change to the order of the agenda items. The mayor will ask if there are any changes to the order of the agenda. Any changes requested will be made in the form of a motion and a vote will be taken. If there are no requests for changes, the agenda will be taken in the prescribed order.
7.12 Removal of Items from Consent Calendar. A Council Member may remove an item from the Consent Calendar. At the Mayor’s discretion, items removed from the Consent Calendar may be considered immediately after approval of the balance of the Consent Calendar or elsewhere in the agenda. Council Members shall be given the opportunity to ask a clarifying question about a consent item or make a brief comment about an item without having to remove the item from the Consent Calendar.
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7.13 Suspension of Order of Agenda. The regular order of business may be suspended at any time with the consent of a majority of the members of the Council to consider any matter agendized for Council consideration.
7.14 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the emergency or urgent exceptions permitted by state law and set forth herein.
7.15 Referral to Staff. The mayor may refer any item raised during Public Comment that is not listed on the posted agenda to staff for follow-up.
SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS
8.1 Council Member Preparation for Meetings.
8.1.1 Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Council Members shall read or otherwise familiarize themselves with each agenda and support documentation for the items therein.
8.1.2 Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Council Members may be equipped to make informed decisions and move meetings forward in a meaningful way, it is incumbent upon each Council Member to promptly seek answers to questions they may have about the posted agenda items and agenda-package materials for the immediately pending meeting.
8.1.3 Advise City Manager of Questions. Council Members should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.
8.1.4 Report on Possible Absences. Each Council Member shall report immediately to the Mayor and City Clerk any likelihood of absence to ensure the most effective facilitation of City Council meetings. To the extent that any Council Members are absent or going to be absent for two (2) or more consecutive regular council meetings, that Council Member should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
8.2 Parliamentary Rules of Order. The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to Rosenberg’s Rules of Order contained in the Appendices, as a guide for conducting meetings, with the modifications below. The mayor has the discretion to impose reasonable rules at any meeting based upon facts and circumstances found at any meeting. These latter rules will be followed unless objected to by a majority of the Council Members present.
a) The mayor may make motions and may make second motions.
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b) Although permitted, a motion is not required prior to a general discussion on an agenda item. A pre-motion discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that considers what appears to be the majority position.
c) All motions, except nominations, require a second.
d) A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
e) A motion to amend may still be used.
8.3 Public Hearing Procedures. All land use public hearing items shall follow the following procedures:
a) The Presiding Officer shall introduce the item.
b) Staff presentation and/or report followed by clarifying questions from the Council. c) The Presiding Officer shall open the public hearing. d) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted ten (10) minutes to present his/her case unless additional time is granted by a majority vote of the Council. e) The Council shall take public comments, subject to a three (3) minute time limit or as established by the Presiding Officer.
f) The applicant and/or appellant will have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views. g) The Presiding Officer shall close the public hearing. h) Council discussion, consideration, and decision.
8.4 Appeal Procedures. Appellants shall be given the opportunity to speak first. Appellants and applicants responding to appeals may be given a total of up to ten (10) minutes each to present their positions to the City Council prior to hearing public comments. Appellants shall be given up to five (5) minutes of rebuttal time after public comments are heard.
8.5 Staff and Consultant Reports. The council is expected to have read all materials contained in the agenda packet prior to the meeting. Therefore, staff and consultants will endeavor to limit their reports and presentations to a maximum of ten (10) minutes, except for special circumstances. In such cases staff should inform the Council of the need for additional time. At the conclusion of the report/presentation the Council shall be given an opportunity to ask questions of staff prior to hearing public comments
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8.6 Public Comment. Persons present at the meetings of the City Council may comment on individual items on the agenda. During regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment. The following time limits and rules will be strictly enforced by the City Council and/or City staff as set out herein, in order to ensure equal opportunity and equal treatment of all speakers:
8.6.1 Time Limits.
a) Unless otherwise set forth in this manual, any public comment speaker on any item/segment either on an agenda or a public comment on an item not on the agenda, shall be limited to three (3) minutes of public comment time. The City Clerk shall be responsible for managing the time limits for all speakers. At the expiration of three (3) minutes, a buzzer shall indicate the end of the period. The mayor shall then inform the speaker that they have fifteen (15) seconds to wrap up their comment. If the Mayor does not do so, any other member of the City Council and/or City staff present may also make this reminder. The mayor has the right to ask a member of the public to step down if over the allotted time or if comments are not germane.
b) If a public comment is interrupted by a member of the City Council, City staff, or member of the audience, the City Clerk shall stop the timer in order to ensure the member of the public is entitled to their allotted time without interruption. c) On closed session items, all public comment speakers shall have only three (3) minutes to speak on all items, regardless of the number of items on the closed session agenda. For example, if a closed session agenda includes four (4) items, a public comment speaker may address all four (4) items, however, the speaker may only speak once for up to three (3) minutes. During their lone three (3) minute comment, they can speak only on closed session items.
d) Depending on the number of speakers, and the number of items on the agenda, the mayor may reduce this time limit after introducing the agenda item.
8.6.2 Speaking Protocols.
a) In order to facilitate an orderly meeting, anyone wishing to address the City Council will be asked to fill out a speaker’s card, indicating their name, address, and agenda item number/topic. A separate card is requested for each item. The cards shall be turned into the City Clerk before the item is heard by the City Council.
b) A member of the audience must come forward to the lectern so that their remarks may be accurately recorded. Upon addressing the Council, each speaker is requested, but not required, to first state his or her name, whom they represent and/or city of residence.
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and the person having the floor shall enter any discussion, either directly or through a Council Member, without the permission of the mayor. d) Speaker comments must be pertinent to the agenda item under discussion. e) A member of the public may not ask a question of a Council Member or staff member, except through the mayor.
f) Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.
g) If a meeting is willfully interrupted by any speaker to render the orderly conduct of the meeting unfeasible, the Presiding Officer shall invoke the Rules of Meeting Decorum set forth herein.
8.6.3 Public Use of Visual Aids at Council Meetings.
a) Members of the public who desire to provide information to the City Council shall provide hard copies of their materials and present the copies to Council during their presentations.
b) Members of the public shall not be permitted to connect equipment, devices, or storage media directly to the City’s computer system during a live Council meeting. c) Members of the public shall not be permitted to access the internet from the City’s computer equipment.
d) Nothing in this Policy is intended to warrant or otherwise guarantee that visual aids will successfully display at a City Council meeting.
8.6.4 Limitations on Supplementary Comments. A speaker may not receive time from another speaker or additional time from the City Council. In addition, no Council Member may call on a member of the public to provide additional comments once the communication ends. Once a public comment speaker ends the communication, the speaker may not return to speaking on that specific item/segment. A public comment speaker may only speak once on any item/segment of the meeting; on a discussion item; presentation; public hearing; an appeal; an informational item; and/or an item pulled from consent. For instance, they may only speak once on a specific discussion item. However, while a speaker may be able to speak only once on Discussion Item “A”, they may also speak on Public Hearing “B” or in the general public comment period.
8.6.5 Limitations on Virtual Public Comments.
a) Unless required by law during a specific meeting, the City of Mountain House does not permit public comments via any video/teleconferencing application or platform including, but not limited to, Zoom, WebEX or Skype, telephonic devices, or any other web–based media, application or platform during meetings open to the public including, but not limited to, meetings of the City Council and its Council subcommittees and advisory commissions and committees.
b) The City shall continue to accept “other forms of public comment” in compliance with the Ralph M. Brown Act and procedures of decorum as established by the City Item 7.8
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Council. “Other forms of public comment” shall include the submission of written comments to the City Clerk in advance of public meeting. c) The use of video/teleconferencing for receiving or making presentations, or otherwise conducting City business, is permitted as deemed necessary and appropriate by the City Manager.
8.7 Rules of Discussion and Debate.
8.7.1 Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow Council Members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.
8.7.2 Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of the privilege of renewing certain motions, or the obstruction of City Council business. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by making a simple declaration thereof in the absence of a protest by any Council Member.
8.7.3 Council Members to Address Presiding Officer. Every Council Member desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine themselves to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.
8.7.4 Communication with Members of the Public Addressing the Council. a) The mayor shall open the floor for public comment as appropriate. b) Members of the public shall direct their questions and comments to the Council through the Mayor.
c) Council Members may question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak, but only after being recognized by the mayor.
d) Council Members shall not engage in debate with a member of the public at Council meetings.
e) Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Council Members and among Council Members and members of the public.
8.7.5 Questions to Staff. Every Council Member desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry themselves or designate a member of the staff for that purpose.
Item 7.8
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8.7.6 Relevancy of Discussion. All discussion must be relevant to the issue before the City Council. A Council Member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Council Members should avoid repetition and strive to move the discussion along. Arguments, for or against a measure, should be stated as concisely as possible.
8.7.8 Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Council Member, 3) the speaker chooses to yield to a question by another Council Member, or 4) for such other reasons as set forth in Rosenberg’s Rules of Order or this Manual, including, but not limited to, a Council Member’s right to call the question in order to terminate debate. If a Council Member while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the Presiding Officer.
8.7.9 Point of Order. When a Council Member believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Council Member to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
8.7.10 Point of Privilege. Any Council Member can raise a Point of General or Personal Privilege. a) Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.” b) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.
8.7.11 Move or Call the Question. Any Council Member may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Council Member from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a motion to move or call the question, said motion must be seconded and passed by a two-thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to move or call the question passes, a Item 7.8
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vote on the motion/question on the floor is taken. If the motion to move or call the question fails, discussion on the motion/question on the floor continues.
8.7.12 Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Council Members present. Matters that are quasi-judicial in nature or matters that require a noticed public hearing cannot be reconsidered.
8.7.13 Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in these rules. However, the effect of such action will not adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.
8.7.14 Remarks of Council Members and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the Council entered into the minutes. If the Council consents thereto, such statements shall be entered into the minutes.
8.7.15 Suspension of the Rules. Any of the rules related to parliamentary procedures in these Policies and Procedures (to the extent not governed by state law, such as Government Code section 36936, the provisions of the Political Reform Act, or the Fair Political Practices Commission regulations, may be suspended by a two-thirds (2/3) majority vote.
Such suspension may be moved at any time by a Council Member.
8.7.16 Protest Against Council Action. Any Council Member dissenting from or stating his/her protest against any action of the Council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons . . .”
8.7.17 Seconding of Motions Required. A motion by any Council Member, including the Presiding Officer, may not be considered by the Council without receiving a second.
8.7.18 Rules of Voting.
a) Vote Unless Disqualified. All Council Members present at the meeting should vote either for or against the question unless he/she is disqualified from voting because of a conflict of interest and abstain because of such disqualification. A Council Member stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. Any Council Member who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon. Any Council Member so abstaining will be counted as present for Item 7.8
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purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules of Order applies. b) Silence During the Vote. Unless a Council Member states that he/she is abstaining, silence shall be recorded as an affirmative vote.
c) Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by either voice affirmation or roll call unless a recorded (roll call) vote is required by law.
According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific state law requirements, a motion carries with a majority vote of a quorum of the City Council.
d) Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
e) Changing a Vote. A Council Member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Council Member who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.
8.7.19 After Council Vote. Once a majority of the Council has approved of a motion, no further discussion shall be made unless the item is brought up for reconsideration as described herein.
8.7.20 Individual Council Member Adherence to Council Decisions. Council Members shall abide by the majority decision of the Council, even if in the minority. Council Members appointed to serve on regional boards and committees shall represent the Council’s position on an item, even if the Council Member disagrees with that position.
8.7.21 Rules Not Exclusive. The rules set forth in this Section are not exclusive and do not limit the inherent powers and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the City.
8.8 Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non-controversial nature, such as approval of the minutes for a prior Item 7.8
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meeting(s), approval of the register of demands, and second readings of ordinances. Any discussion shall be limited in nature, and those items listed shall be approved and adopted by one motion of the Council and a roll call vote.
8.8.1 Clarification or Comment. Council Members may comment on Consent Calendar items or ask for minor clarifications without the need to pull the item for separate consideration.
To do so, Council Members must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.
8.8.2 Pulling Consent Calendar Items. Only those items that require detailed deliberation should be pulled for separate consideration by Council Members. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer.
8.8.3 “No” Vote Without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Council Member would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Council Member A voting ‘no’ on item x.
8.9 Closed Sessions
8.9.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Mountain House financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded from the closed session portion of the meeting.
8.9.2 Convening a Closed Session. Prior to convening the closed session portion of the meeting, the Mayor or City Clerk shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda. City Council Members shall keep all written materials and verbal information provided to them in closed sessions in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Council Members, the City Attorney or City Manager, except where authorized by a majority of the City Council.
8.9.3 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties. The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.
Item 7.8
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8.9.4 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by state law. Any authorized disclosure shall be in strict compliance with these rules and state law. Violation of this rule shall be considered a breach of this rule of confidentiality.
8.9.5 Meeting Protocols.
a) The mayor will call the closed session to order promptly at its scheduled time. b) The mayor will keep discussion focused on the permissible topics. c) The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential and will be returned to staff at the completion of the closed session. d) If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or labor negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Council Member, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter, which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.
8.9.6 Public Disclosure After Final Action. State law requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the Mayor or the City Attorney shall publicly report any final action taken in closed session, and the vote, including abstentions, as directed by state law. The report may be oral or written. The report will state any reportable action taken by the Council and how each Council Member votes, if applicable. All other closed session discussions will remain confidential. Unless authorized by the majority of the City Council and if permitted under applicable law, the report will not state the debate or discussion that occurred.
8.10 Council/Staff Comments and Direction on Future Agenda Items. Council and staff comments at the end of Council meetings shall be limited to announcing Council, outside organizations activities on which Council Members serve, City and City-sponsored activities, and requests to add items to a future agenda. Community groups may announce their activities during Public Comments at the beginning of Council meetings.
8.11 Conflict of Interest. If a Council Member becomes aware of a potential conflict of interest that would prevent the Council Member from participating in a discussion or voting on an agenda item before the City Council, the Council Member should discuss it with the City Attorney prior to the agenda item being heard by the City Council. If the Council Member decides to request an opinion from the California Fair Political Practices Commission (“FPPC”), the Council Member shall disclose at the next scheduled Council Meeting that such a request has been made. If the Council Member is still waiting for the FPPC opinion at the time the agenda item will be heard by the City Council, Item 7.8
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the Council Member may abstain from participating until the FPPC opinion is received. Upon receiving the FPPC opinion, the Council Member shall share the opinion with the City Council and the public at the next scheduled Council meeting.
8.12 Use of Electronic Devices during Council Meetings. The City Council permits and promotes the utilization of technology to ensure efficient and effective conduct of the people’s business, in accordance with applicable open meetings and records laws, due process rights of interested parties, other applicable law and City policies and the rules specified herein. a) Council Members’ use of electronic communications and data devices (including, but not limited to, laptop computers, cell phones, tablet computers, pagers, wearable technology, and similar devices), at a meeting during which the Council Member is subject to the provisions of state law shall be limited to personal use (note taking, etc.) and to access documents only available to the member (e.g., personal files stored on the cloud) or documents available to the public (e.g. documents on the City’s website, websites available to the public, etc.).
b) At a meeting during which a Council Member is subject to the provisions of state law, the Council Member may not use electronic devices to read electronic communications from, or send electronic communications to, members of the public, other Council Members, and parties to City proceedings.
8.13 Rules of Meeting Decorum. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is always preserved. The City Council values and recognizes the importance of the trust invested in them by the public to accomplish the business of the city. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings while any meeting of the City Council is in session, observing the following rules of order and decorum.
8.13.1 Members of the City Council:
a) Shall accord the utmost courtesy to each other, staff, and the public appearing before the City Council. When speaking, a Council Member’s tone should remain neutral and non-verbal communication aspects should be considerate and polite. b) Shall confine their remarks to the agenda item under consideration and speak only when recognized by the mayor, except as otherwise provided in these rules. c) Shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb or disrupt any Council Member or member of the public while speaking, or 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
d) During discussion it is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Presiding Officer to instantly rule out of order any Council Member who engages in personal attacks. It is the motion, not its proposer, that is subject to Item 7.8
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debate. It is the responsibility of each Council Member to maintain an open mind on all issues during discussion and deliberation.
e) To preserve the orderly, effective, and efficient conduct of the meetings and the peace of the Council, Council Members shall not audio record, video record, live stream, or broadcast during any City Council meeting or position thereof, including recesses and adjournments, from a position located on or behind 1) the dais, or 2) any table serving as the dais.
f) Shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
8.13.2 Members of City Staff. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall always act in a business and professional manner towards Council Members and members of the public.
8.13.3 Members of the Public Addressing the City Council. a) Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Public Comments section of the agenda. The right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council. However, while the City Council meeting is in session, while exercising these rights all persons must preserve order and decorum as set forth in these rules.
b) A person who addresses the City Council may not engage in speech or conduct which willfully disrupts and disturbs the peace and orderly conduct of the meeting including, but not limited to, the following actions or behavior:
1. Making loud and unreasonable noise, which is irrelevant or repetitive;
2. Addressing the City Council without first being recognized;
3. Persisting in addressing a subject or subjects other than that or those before the City Council; repetitiously addressing the same subject;
4. Continuing to speak after the allotted time has expired;
5. Failing to relinquish the podium when directed to do so;
6. Failing to sit down when directed to do so;
7. Interrupting or attempting to interrupt members of the City Council or City staff.
8.13.4 Members of the Audience. No person in the audience at a Council meeting, whether in the Council Chambers or lobby, shall engage in disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting, including but not limited to:
Item 7.8
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a) Interrupting or attempting to interrupt a speaker, members of the City Council, or City staff;
b) Utterance of loud, threatening, or abusive language; c) Shouting or attempting to shout over a speaker, members of the Council, or members of City staff;
d) Displaying such as excessive clapping, stamping, loud talking, hissing, booing, whistling; or stamping of feet.
8.13.5 Other Prohibited Activities During Council Meetings. a) All cellular phones and other consumer electronic devices shall be muted while in the Council Chambers.
b) Council Members and members of the public are prohibited from using non-Cityprovided microphones or other amplifying instruments (loudspeakers, megaphones, sound/voice amplifiers) during meetings, recess, or adjournments.
Moreover, absent permission from the Presiding Officer, no Council Member shall use or attempt to use a City-provided microphone behind the dais other than the one specifically reserved for his/her assigned seat.
c) No person shall distribute flyers, leaflets, placards or other literature or circulate any petition within the Council Chambers other than City staff pertaining to City business. Such other literature may be displayed or distributed outside the Council Chambers area.
d) All cellular phones and other consumer electronic devices shall be muted while in the Council Chambers.
e) The consumption of controlled substances prohibited under federal law, tobacco, and alcohol is prohibited in the Council Chambers.
8.14.6 Enforcement of Rules of Decorum. If any person conducts themselves in the aforementioned manner, the Presiding Officer or a majority of the Council may enforce the rules of decorum as authorized by Government Code section 54957.9, in a consistent, transparent, and viewpoint-neutral manner as set forth below. a) Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such a person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council Chambers.
b) Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon Item 7.8
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instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.
c) Motion to Enforce. If the Presiding Officer fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.
d) Adjournment or Recess. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
8.14.7 Crowd Control in Council Chambers. If the City Manager, or designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the Council Chambers, he or she shall provide for appropriate crowd control.
SECTION 9. CITY COUNCIL RELATIONSHIP AND CONDUCT WITH STAFF.
9.1 Relationship and Conduct with the City Manager.
9.1.1 Council-Manager Form of Government. The city has adopted a Council-Manager form of government. This structure reflects the City Council’s role in establishing City policy and priorities. The City Council appoints the City Manager to act as the Chief Administrative Officer of the City. The City Manager’s specific duties are spelled out in the Mountain House Municipal Code, the City Manager position description, and in an employment contract. The City Manager implements Council policy, enforces laws, directs the daily operations of city government, and prepares and monitors the municipal budget. The City Manager is responsible to the City Council as a body rather than to individual Council Members.
9.1.2 The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager has been appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council rather than to individual Council Members and directs and coordinates the various departments.
9.1.3 Communication. Regular communication between the Council and City Manager is important in maintaining an effective working relationship. It is important that the City Manager keep the Council informed. The City Manager respects and is sensitive to the political responsibility of the Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the Council. The City Manager Item 7.8
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encourages regular one-on-one meetings with Council Members to provide information on various City issues.
9.1.4 Noninterference with City Manager’s Administrative Role. The City Manager’s administrative role is distinct and separate from the City Council’s role. Neither the Mayor nor any Council Member shall interfere in the execution of the City Manager’s powers and duties. Except for purposes of inquiry, the Mayor and Council Members shall deal with the administrative services of the City solely through the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council, and no individual Council Member shall give any orders or instructions to the City Manager.
9.1.5 Requirements for a Productive Relationship. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the Chief Executive Officer of the City. To facilitate a productive work relationship with the City Manager, consistent with the policy and administration roles of each, the City Council and/or individual members shall do each of the following:
a) The Council as a whole and individual Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities.
b) Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
c) Treat City staff professionally, and refrain from publicly criticizing, embarrassing, or belittling individual employees. Personnel issues are managed through established channels and procedures.
d) Avoid involvement in personnel issues related to City Council-appointed staff, i.e., the City Manager and City Attorney, except during City Council closed sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
e) Discuss directly and only with the City Manager regarding any displeasure with a department or staff member.
f) Refer to complaints to the City Manager regarding further processing. Staff shall be given adequate time to investigate and respond to such complaints. g) Receive from the City Manager or designee timely information regarding unusual events that the public would be concerned about, e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc. h) Include the City Manager in follow-up meetings where a Council Member has first met with an individual or company representative regarding the official business of the city.
Item 7.8
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i) Request answers to questions on City Council agenda items from the City Manager, City Attorney, or department heads prior to the meeting whenever possible. j) Understand that all written informational material requested to be prepared for individual Council Members shall be submitted to all Council Members. k) Avoid communicating with persons or parties in litigation with the City [or any of the entities for which the City Council sits ex-officio as the governing board] in a manner that compromises the City’s or other entity’s position in such litigation.
9.2 Relationship and Conduct with the City Attorney.
9.2.1 Legal Advisor to the City. The City Council appoints the City Attorney to serve as the legal advisor for the Council, City Manager, and City staff. The City Attorney’s specific duties are spelled out in the Mountain House Municipal Code, the City Attorney position description, and in an employment contract. The general legal responsibilities of the City Attorney are to 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the City’s interests, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceedings; 3) prepare ordinances, resolutions, contracts, and other legal documents; and 4) to keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
9.2.2 Requests for Information. Since the City Attorney is responsible directly to the Council, Council Members may contact the City Attorney directly to ask questions or to request information. A Council Member shall not direct the City Attorney to initiate any action, change a course of action, or prepare any report that is significant in nature without the approval of a majority of Council and notice to the City Manager.
9.2.3 Does Not Represent Individual Council Members or Staff. It is very important to note that the City Attorney does not represent individual members of the Council, but the city and the City Council as a whole.
9.3 Relationship and Conduct with Staff
9.3.1 General Considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues, make recommendations, implement and administer the City Council’s policies. The City Council recognizes the primary functions of staff are to execute Council policy and actions and keeping the Council informed. To ensure the proper functioning of these cooperative efforts, Council Members must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Council Members and to allow staff to execute priorities given by management and the Council as a whole.
9.3.2 Staff Cooperation. Individual Council Members, as well as the Council as whole, shall receive full cooperation and candor of staff when requesting information. Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests for staff are to be submitted through the City Manager’s office as set forth herein.
Item 7.8
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9.3.3 Council Conduct with Staff. Only a majority of the City Council in an open meeting, as a matter of policy, may influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff through the City Manager. Individual City Council Members shall not direct, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately, nor intervene in staff decision-making, development of staff recommendations, scheduling of work, and executing department priorities. Staff are directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations, or making business decisions in any manner.
9.4 Requests for Research or Information.
9.4.1 General Considerations. Council Members should inform the City Manager prior to communicating in an official capacity with any employee below the senior management level. A Council Member may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations as defined below. Council Members shall notify or “cc” the City Manager on such requests for information from staff. City staff shall inform the City Manager of all Council contact.
9.4.2 Responses to Requests. Requests made by individual Council Members for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Policy and not for any private or personal interest. Requests will be addressed as quickly as possible by staff based on the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney, as appropriate), the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Council Member request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Council Members shall compart with the City’s routine business practice.
9.4.3 Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Council Members may approach senior management staff with their requests. Council Members may also contact the City Attorney or City Clerk. All Council requests dealing with policy and those requests which may be construed as directions shall be directed to the City Manager, except for routine, general inquiries, or questions that will not disrupt city operations, in which case the City Council may go to the department heads or the City Manager’s Office.
9.4.4 Funding Requests. Any request from the City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
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9.4.5 Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Council Members are asked to copy both the department head and the City Manager in all correspondence with staff.
9.4.6 Restrictions on Release of Certain Information: There are some circumstances in which information cannot be provided to Council Members. Draft documents under review are not available for release until complete and after review by City management (e.g., staff reports in progress, administrative draft EIRs). In addition, there are legal restrictions on the City’s ability to release certain personnel information. Certain aspects of law enforcement affairs (e.g., access to restricted or confidential information) may not be available to Council Members.
9.4.7 Dissemination of Information. In cases where a staff response to an individual Council Member involves written materials that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant, new, or otherwise not available to the Council.
9.4.8 Disclosure of Information. Council Members shall maintain the confidentiality of all written materials and verbal information provided to them that are protected under state law, including but not limited to those not subject to disclosure under the California Public Records Act. Confidential information includes, but is not limited to, attorney-client privileged communications, attorney work product, and personnel or medical information, the disclosure of which would constitute an unwarranted invasion of privacy.
Council Members may not disclose such information without prior formal authorization of the City Council, nor may they use or permit the use of confidential information to advance any personal or financial interest. Confidential information shall not be shared with anyone other than fellow Council Members, the City Attorney, or the City Manager.
All written confidential materials should be returned to the City Manager after consideration for appropriate disposition.
SECTION 10.COUNCIL COMMUNICATIONS
The following section addresses communication of the City Council and observes the City Council’s procedures for formal and informal business-related communications and representation.
Communication from the City Council includes personal appearances, written communications, letters, email, and social media postings.
10.1 All Communications are Public Records. All letters, memoranda, e-mail communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions, as outlined in the California Public Records Act, are public records.
10.2 Compliance with Ralph M. Brown Act. Each Council Member should be mindful of all the requirements of the Ralph M. Brown Act in communicating with each other. A majority of the Council shall not use a series of telephone calls, a conference call, mass e-mailing or any other Item 7.8
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informal communication to discuss or decide matters before the City Council. This type of communication would be considered a “serial meeting” in violation of the law. The Council, in adopting this policy, does not waive attorney-client privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.
10.2.1 Contacts with Fellow Council Members. Serial meetings may occur from direct contacts with fellow members of the same legislative body concerning local agency business, whether through face-to-face or telephonic conversations, notes or letters, electronic mail, or staff members, are the most obvious means by which an illegal serial meeting can occur. A member of the Council may discuss items of agency business with another member of the body outside of a meeting if the communication does not involve a quorum of the body. However, there is always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth member, creating a serial meeting. Therefore, it is recommended that Council Members avoid discussing local agency business with a quorum of the body or communicating the views of other members outside a meeting.
10.2.3 Contacts with Staff. To avoid a serial meeting through a staff briefing, individual briefings of a majority of members of a legislative body should be “unidirectional.” This means that information should flow from staff to the member and the member's participation should be limited to asking questions and acquiring information. Council Members should not ask staff to describe the views of other members of the Council, and staff should not volunteer those views if known. Staff may present their viewpoint to the members but should not ask for the Council Member's views, and the member should avoid providing his or her views unless it is clear that the staff member is not discussing the matter with a quorum of the legislative body.
10.2.3 Contacts with Constituents, Bargaining Unit Representatives, Developers, and Lobbyists. A constituent, bargaining group representative, developer, or lobbyist can inadvertently become an intermediary among a majority of Council Members, creating a serial meeting. To avoid serial meetings via contact with constituents, it is recommended that Council Members:
a) Establish the ground rules - Ask if the individual has or intends to talk with other Council Members about the same subject; if so, make it clear that the constituent should not disclose the views of other members during the conversation. b) Explain to the individual that you will not make a final decision on a matter prior to the meeting, as state law prevents elected officials from giving commitments outside a publicly noticed meeting.
c) Do more listening and asking questions than expressing opinions. d) If you disclose your thoughts about a matter, counsel the constituent not to share them with other members of the City Council.
e) For meetings with a developer regarding a potential project, a Council Member should notify the City Manager and when possible, have staff attend the meeting.
The staff’s role will be to answer any process or technical questions, but not the Item 7.8
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merits of the project. If any materials are provided by an applicant, they should be provided to the City Manager, who will forward copies to each of the other members of the City Council.
10.3 Correspondence Received.
10.3.1 Processing and Delivering of City Council Mail. The city maintains a mailbox at Town Hall for each Council Member. The City Manager, or designee, is authorized to receive and open all mail addressed to the City Council as a whole, the mayor and/or individual City Council Member, and will be processed as follows.
a) Said mail shall be opened and date stamped the day it was received. Letters addressed to the mayor and/or individual City Council Members will be copied to the full Council. Letters received which include issues directly related to a particular department shall be copied to the City Manager and the Department Director. Mail relating to a legal issue shall also be forwarded to the City Attorney. b) Notwithstanding mail that is time sensitive needing immediate attention, all other mail that is not picked up at Town Hall will be delivered to the Council at every Council meeting.
c) All correspondence, including e-mail addressed to the City Council or to individual Council Members relating to the conduct of the City’s business, is a public record as defined in State law and will be retained by the City in accordance with its Records Retention Policy.
10.3.2 Correspondence Received on Council Non-Agenda Items. The City Manager or designee is authorized to receive and take administrative action on all correspondence directed at the City Council. The City Manager or designee may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.
10.4 External Communications. The Mayor and Council Members may communicate on behalf of the city through speaking engagements, media interviews, letters, and newsletters. They may also be quoted in City issued press releases. Although the Mayor and Council Members can express individual opinions, any communication made on behalf of the City shall be aligned with Council adopted policies, programs, priorities. The Council Member should be clear about whether comments represent the City’s position or a personal viewpoint.
10.4.1 Representing the City Council’s Official Position or Policy. a) The mayor is authorized to send letters on City letterhead stating the City’s official position to appropriate legislators as long as it is consistent with the City Council’s legislative policies.
b) If a Member of the City Council appears before another governmental agency organization to give a statement on an issue affecting the City, the City Council Member should indicate the majority position and opinion of the City Council.
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c) Personal opinions and comments may be expressed only if the City Council Member clarifies that these statements do not reflect the official position of the City Council.
10.4.2 Speaking Engagements. When Council Members are requested to speak to groups or are asked about the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. When representing the city at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
10.4.3 Written Correspondence. Members of the City Council will often be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare letters for constituents in response to inquiries or to provide requested information. City letterheads are available for this purpose, and staff can assist in the preparation of such correspondence, subject to the following protocols.
a) City letterhead may be used by City Council Members only for official City business and/or to represent a policy action taken by the City Council, as a body.
City letterhead may not be utilized for personal or campaign purposes, or to convey a position that is not the collective position of the Council. A request for correspondence shall be submitted to the City Clerk who will prepare the correspondence and ensure it complies with City policy. All Council Member correspondence using City letterhead shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
b) When a Council Member wishes to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council.
c) After the City Council has taken a position on an issue, official correspondence should reflect this position. While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Council title, and staff support shall not be utilized d) Council Members may utilize City letterhead and their Council titles for letters of thanks or congratulations, to respond to inquiries or complaints related to City issues, or to provide recommendations for students, and others seeking employment or appointments. Such letters should be written in such a manner as to make it clear that they are not being written on behalf of the entire Council. e) The City seal and logo are considered symbols of the authority and jurisdiction of the City and, as such, are valuable assets of the City and its citizens. The City seal and logo shall be used for official purposes only and according to policies and Item 7.8
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guidelines developed by the City Manager or designee, or as authorized by the City Council.
10.4.4 Media Relations. All inquiries from the media shall be handled in accordance with the City Council’s Communication Plan (Appendix D)
10.4.5 Responses to Citizen Inquiries. Often a constituent will call a Council Member with a question or a complaint about a particular problem or issue. Sometimes the complaint is related to not understanding why a particular action is taken and sometimes it relates to how a service has been provided or not provided. The most effective way to ensure a prompt response is for the Council Member to contact the City Manager's office to relay the question or complaint. Staff will take the information, coordinate with the appropriate department, follow up with the citizens directly or provide information back to the Council Member, whichever is preferred.
10.6 Local Ballot Measures Affecting Council Policies. Measures that affect City Council policy may be placed in the ballot. There are restrictions regarding what actions a City Council or individual Council Members may take on ballot measures. Guidelines as to what is permissible are available from the City Clerk or City Attorney upon request.
10.7 Legislative Requests from City Affiliated Organizations. From time to time, the city is asked by the League of California Cities (League) or other organizations to support and/or oppose a position on a particular piece of legislation and/or proposal. The mayor, or designee, on behalf of the City, may sign and submit the requested communication so long as the position is consistent with the position taken by the League and/or other City-affiliated organizations and previous positions, if any, taken by the City. A copy of the communication shall be provided to the City Council and reported on as an informational item under City Manager Comments or Council Comments at the next regularly scheduled City Council meeting.
10.8 Electronic Communications Using City-Issued and Personal Devices. Council Member communications regarding City business are potentially subject to disclosure via a Public Records Act (PRA) request, regardless of the medium used to send, receive, or store the records. To minimize potential risk, embarrassment, or awkward situations for themselves and the City, Council Members shall consider the following guidelines when using various electronic communication methods:
10.8.1 Use City Devices and Accounts Whenever Possible. All city business should be conducted using city communications equipment and accounts to the greatest extent feasible. Conducting work communications in this way assures that the city has a record of communications, which can then be searched and produced in a non-invasive manner should a public records request be received. If a Council Member should need, under limited circumstances, to use personal devices and/or personal accounts, such as text messaging, e-mail, applications, or social media, to communicate with others regarding City business, please be prepared to timely search for and provide copies of work-related communications if the city receives a related PRA request. After a reasonable search on personal accounts or devices by a Council Member, that Council Member may be asked to confirm whether there are responsive records located on such personal devices or accounts
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10.8.2 Be Thoughtful with Written Communications. Exercise tact and caution when communicating in writing regarding City business, regardless of the medium or recipient. While the PRA's definition of work-related “records” is essentially limited to communications relating to actual conduct of the City’s business by an individual in their official capacity, there is no guarantee that any personal or seemingly incidental workrelated communication will ultimately be deemed exempt from production or disclosure.
10.8.3 Understand Disclosure Limits and Legal Review. While the law attempts to strike a balance between the public's interest in disclosure and the official’s personal right to privacy, permitted exemptions from production and disclosure are rather narrow, and the City Attorney must act impartially when determining whether a record is exempt.
Factors such as potential embarrassment cannot be accounted for in determining what to produce, and the city is obligated by law to err on the side of disclosure.
10.8.4 Be Aware of Broader Legal Requirements in Litigation. Additionally, bear in mind that in the event of litigation, a subpoena for records may compel the city to produce a broader array of records, including those that may be exempt from disclosure under a PRA request.
10.8.5 Choose the Right Communication Method. Consider the appropriate platform for all work-related communications. As always, a good rule of thumb before hitting “send" is to consider how it would look if the communication were to be reprinted in the newspaper. If communication is sensitive enough to not want it to be reprinted, consider using the telephone and personal visits to communicate instead, when appropriate.
SECTION 11.CITY COUNCIL CODE OF ETHICS
11.1 Purpose. The purpose of this policy is to formally adopt a Code of Ethics promoting and maintaining the highest standards of personal and professional conduct in the City’s government.
All elected and appointed officials, as well as executive management staff, hereinafter referenced as “City Officials”, are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its core values in their work. Public confidence in City’s services and public trust of its decision- makers is critical, therefore, decisions and work efforts must meet the most demanding ethical standards and demonstrate the highest levels of achievement.
11.2 Policy. Local officials already must comply with an extensive set of laws that govern ethical aspects of public service such as disclosure of personal economic interests; receipt of loans, gifts, travel payments, and honoraria; campaign contributions; conflicts of interest; incompatible offices; and criminal misconduct in the office. The Mountain House City Council adopts this Code of Ethics as a supplement to the above laws assuring that all City Officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Mountain House’s City government.
11.3 Ethics. The Citizens and businesses of Mountain House are entitled to have a fair, ethical, and accountable local government. The public should have full confidence that their elected and Item 7.8
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appointed officials: 1) comply with the letter and spirit of the laws and policies affecting the operations of government; 2) are independent, impartial, and fair in their judgment and actions; 3) use their public office for the public good, not for personal gain; and 4) conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. Therefore, members of the City Council, City Manager, City Attorney, executive management staff, and all Commissions and Committees shall conduct themselves in accordance with the following ethical standards:
11.3.1 Act in Public Interest. Recognizing that stewardship of the public interest must be their primary concern, City Officials will work for the common good of the people of Mountain House and not for any private or personal interest, promoting the interests of the public and putting service to the public above service to oneself.
11.3.2 Comply with the Law. City Officials shall comply with the Constitution, Laws and Ordinances of the United States, the State of California and the City of Mountain House in the performance of their public duties.
a) Conduct of City Officials. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. City Officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, Commissions, staff, or the public.
b) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, City Officials shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
c) Gifts and Favors. City Officials shall not take any special advantages of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
d) Proper Efficient Use of Public Resources. City Officials shall not use public resources which are not available to the public in general for private gain or for personal purposes not otherwise authorized by law.
e) Promote Democratic Participation. Inform the public and encourage active engagement in governance. Be open, transparent and responsive, and respect and assist all persons in their dealings with public organizations.
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f) Conduct of Public Meetings. City Officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. g) Advocacy. City Officials shall represent the official policies or positions of the City Council and Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, City Officials shall explicitly state they do not represent their body or the City of Mountain House, nor will they allow the inference that they do. Council and Commission decisions shall receive the support of all City Officials. h) Decisions. City Officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. i) Confidential Information. City Officials shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
j) Strengthening Social Equality. Treat all people with fairness, justice, equality, and respect for individual differences, rights, and freedoms. k) Demonstrate Personal Integrity. Adhere to the highest standards of conduct to inspire public confidence and trust in public service.
l) Policy Role of City Officials. City Officials shall respect and adhere to the councilmanager structure of Mountain House City government as outlined by the Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, commissions, and City staff resulting in the City Manager implementing those policies. Except as provided by the Municipal Code, City Officials shall not interfere with the administrative functions of the City or the professional duties of City staff nor shall they impair the ability of staff to implement Council policy decisions.
m) Independence of Advisory Commissions. Because of the value of the independent advice of advisory commissions to the public decision-making process, City Officials shall refrain from using their position to unduly influence the deliberations or outcomes of boards and commission proceedings. n) Positive Workplace Environment. City Officials shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. City Officials shall recognize their special role in dealing with City employees to in no way create the perception of inappropriate direction to staff.
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11.4 Implementation. The Code of Ethics is intended to be self-enforcing and is an expression of the City’s standards of expected conduct for City Officials. It therefore becomes most effective when Council Members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, appointees to Advisory Commissions, and newly elected and appointed officials. Council Members entering the office shall sign a statement acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics shall be periodically reviewed by the City Council and updated as necessary.
SECTION 12.VIOLATION OF POLICIES AND PROCEDURES.
Unless otherwise approved by at least a majority of Council Members or prohibited by law or due to circumstances beyond the City’s control, for example, a declared state of emergency, all Council Members are required to comply with these Policies and Procedures. Nothing in these Policies and Procedures shall invalidate a properly noticed and enacted action of the City Council in accordance with state law.
Violations of these Policies and Procedures may be subject to review under the City Council Accountability Policy contained in the Appendices of this Manual.
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TITLE: Council Member Compensation
MEETING DATE: December 10, 2025
PREPARED BY: Margaret Wimberly, City Clerk
RECOMMENDATION
Staff recommends that the City Council introduce and waive the first reading of an ordinance amending Mountain House Municipal Code section 2-1-200 related to City Council Member compensation and direct staff to bring the ordinance back to the City Council at the January 14 meeting for adoption.
BACKGROUND
California Government Code section 36516 (SB 329) authorizes the City Council to set its monthly salary by ordinance, within population-based limits. Section 36516 further provides that the salary of council members may be increased beyond the specified population-based maximum by ordinance or ordinance amendment. State law prescribes that such salary adjustment shall not exceed the greater of either of the following:
1. An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted; or
2. An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index (CPI), which shall not exceed 10 percent for each calendar year. (Gov. Code, §§ 36516(a)(4)(A)-(B).)
In addition, Section 36516.1 of the Government Code indicates that an ordinance may provide an elected mayor with compensation in addition to that which he or she receives as a council member.
Government Code section 36516(g) requires that an ordinance increasing council member compensation shall be considered with findings in open session during at least two regular meetings of the city council and that there shall be at least seven days between the introduction and adoption of the ordinance.
DISCUSSION
The City Council adopted Ordinance 2024-20 on September 11, 2024, which set the salary for each Council Member, including the Mayor, at nine hundred fifty dollars per month ($950), consistent with the statutory maximum allowed for cities with a population of up to 35,000. Staff now proposes an ordinance amendment to adjust said compensation within state authorized limits.
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At this first meeting, staff is presenting the proposed ordinance along with findings demonstrating the necessity for increased City Council Member compensation. At the second meeting, the ordinance may be considered for adoption.
As authorized under the Government Code, the proposed ordinance amendment contemplates as 5% increase in City Council Member compensation. Staff compared the two adjustment options permitted by statute: a 5% increase and an increase based on the CPI. Given that the CPI for the past year was 3.9%, the 5% percent increase is the maximum allowable increase under the relevant statute, and remains below the 10% inflation cap set by the Government Code.
A 5 percent increase to the current City Council Member salary of $950 results in a monthly salary of $997.50, which amounts to an adjustment of $47.50 per Council Member, including the Mayor.
FISCAL IMPACT
The increase in Council salaries will be included in the Fiscal Year 2026/27 Operating Budget. This action would increase the total budget by $2,850.
STRATEGIC PLAN
Not applicable.
CEQA
Not applicable.
ACTION FOLLOWING CITY COUNCIL APPROVAL
Indicate actions that will be taken by staff following approval to carry out the action, if approved.
ATTACHMENTS
A. Draft Ordinance amending City Council Member Compensation Item 7.9
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ORDINANCE NO. 2025-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AMENDING TITLE 2, DIVISION 1, CHAPTER 2, SECTION 2-1-200 OF THE MOUNTAIN HOUSE MUNICIPAL CODE RELATED TO CITY COUNCIL
COMPENSATION
WHEREAS, on September 11, 2024, the City Council of the City of Mountain House set the compensation for City Council Members based on the population levels set forth in Government Code section 36516(a)(2)(B); and
WHEREAS, Government Code section 36516(a)(4)(A) authorizes an increase beyond the specified population-based maximum in an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted; and WHEREAS, pursuant to the above referenced formula, the new monthly salary of the City Council Members, including the Mayor, shall be $997.50 and take effect following the November 2026 election; and WHEREAS the City Council now desires to utilize the statutory adjustment authority of Government Code section 36516 et seq. and amend Title 2, Division 1, Chapter 2, Section 2-1-200 related to City Council Compensation.
NOW THEREFORE, the City Council of the City of Mountain House does ordain as follows:
SECTION1. Findings.
1. The City Council finds that adoption of this Ordinance is necessary to adequately compensate City Council Members for their public service, and that in the absence of such compensation, financial barriers discourage otherwise qualified individuals from pursuing public service, limiting the diversity and breadth of candidates.
2. The City Council finds that the responsibilities of City Council Members require a significant and increasing time commitment. This compensation adjustment recognizes and reflects the substantial workload and complexity of municipal governance, particularly, in a newly formed City.
3. The City Council finds that utilizing the statutory annual adjustment authority provided in Government Code section 36516(a)(4)(A) is necessary to keep the compensation pace with the rising cost of living and maintains the State’s legislative intent to remove financial barriers to public service.
SECTION2. Amendment of Title 2. Title 2, Division 1, Chapter 2, Section 2-1-200 Compensation of the Mountain House Municipal Code is amended to read as set forth in the attached Exhibit A.
SECTION3. Effective Date. ThisOrdinance shall take effect thirty days after adoption.
SECTION 4. Publication and Posting. The City Clerk shall comply with Government Code section 36933’s publication and posting requirements.
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SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
PASSED AND ADOPTED by the City Council of the City of Mountain House, California at a meeting thereof held this 14th day of January 2026 by the following Vote:
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Exhibit A
TITLE 2
CITY ADMINISTRATION
DIVISION 1. CITY COUNCIL
CHAPTER 2 COMPENSATION
2-1-200 Salary.
(a) Pursuant to Section 36516 of the Government Code, each member of the City Council, including the City Mayor, shall receive as a salary the sum of Nine Hundred and Ninety-Seven Dollars and Fifty Cents ($997.50) per month, which may be adjusted from time to time by ordinance based on the statutory limits set forth in the Government Code. provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary determined by a schedule of population for cities, the members of the City Council shall receive a salary of $950 per month.
(b) No Councilmember shall be eligible to receive the increase provided herein until one (1) or more Councilmembers begin a new term of office.
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TITLE: Adopt a Resolution Approving the Final Map for Mountain House Neighborhood I (Tract 4194)
MEETING DATE: December 10, 2025
PREPARED BY: Andrew Peters, Engineer II
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to:
1. Approve the Final Map for Mountain House Neighborhood I (Tract No. 4194).
2. Authorize the City Manager to execute the associated Improvement Agreements, accept on behalf of the public all offers of dedication where applicable, and authorize recordation of the Final Map.
3. Staff further recommends that the City Council authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of this resolution.
BACKGROUND
On February 8, 2005, the San Joaquin County Board of Supervisors (BOS) adopted the Mountain House Specific Plan II (BOS Ordinance Nos. 4242 and 4244), together with a Development Agreement (BOS Ordinance No. 4243). The Specific Plan guides development across approximately 2,300 acres, including areas north of Grant Line Road, south of Mustang Way, the Town Center, and the areas surrounding Byron Road.
On August 28, 2024, the City Council approved Major Subdivision Application No. PA-0600327 (Resolution No. 2024-43) for Neighborhoods I and J. Tract 4194 is located within Specific Plan II, north of Byron Road, and encompasses 10.56 acres.
DISCUSSION
Under the Subdivision Map Act, a Final Map must be approved when it is in substantial conformance with the approved Tentative Map. Staff review ensures all conditions of approval are satisfied prior to recordation.
Mountain House Developers LLC has submitted the Final Map for Tract 4194 to complete the subdivision process. The project location is shown in Attachment A.
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The Final Map subdivides 10.56 acres of Medium Density Residential (R-M) zoning into 61 residential lots.
To fulfill the Tentative Map conditions, the subdivider must complete all public improvements, including streets, utilities, street lighting, and landscaping within the public right-of-way. Two Subdivision Improvement Agreements and seven Off-Site Improvement Agreements (Attachments B-1 through B-9) have been executed and incorporate performance and labor and materials bonds to secure completion and warranty of the work.
The City Engineer has reviewed the Final Map and all associated agreements for technical accuracy, legal sufficiency, and conformance with the Tentative Map. The proposed Resolution (Attachment C) authorizes approval of the Final Map, execution of the agreements, acceptance of dedications, and recordation of the Map.
The Final Map is included as Exhibit 1 to the Resolution.
FISCAL IMPACT
There is no direct fiscal impact. Processing costs are fully reimbursed by the developer.
These expenses are not budgeted, as they vary depending on project activity, and are recovered through developer reimbursement agreements.
STRATEGIC PLAN
Approval of the Final Map supports the City Council’s Strategic Plan (adopted April 9, 2025) by advancing development toward full community build-out.
CEQA
The Final Environmental Impact Report (EIR) for Mountain House and its Sphere of Influence (SCH No. 1990020776) was certified by the San Joaquin County Board of Supervisors in 1994, with a subsequent Addendum. Approval of the Final Map is exempt from further CEQA review under Section 15268(b)(3) of the CEQA Guidelines (ministerial actions).
ACTION FOLLOWING CITY COUNCIL APPROVAL
Upon approval, staff will record the Final Map and associated Improvement Agreements with the San Joaquin County Recorder.
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ATTACHMENTS
A: Vicinity Map
B-1: Subdivision Improvement Agreement – Civil and Joint Trench B-2: Subdivision Improvement Agreement – Landscape
B-3: Offsite Improvement Agreement – Central Parkway Phase 2 Arterial Civil and Joint Trench B-4: Offsite Improvement Agreement – Central Parkway Phase 2 Arterial Landscape B-5: Offsite Improvement Agreement – Great Valley Parkway Phase 2 Arterial Civil and Joint Trench B-6: Offsite Improvement Agreement – Great Valley Parkway Phase 2 Arterial Landscape B-7: Offsite Improvement Agreement – Park Improvements
B-8: Offsite Improvement Agreement – Neighborhood Entry Landscape B-9: Offsite Improvement Agreement – Greenway Loop Trail C: Proposed Resolution
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ATTACHMENT A
VICINITY MAP
Mountain House
Neighborhood I
Final Map
Tract No. 4194
NOT TO SCALE
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1 SIA-2025-12
SUBDIVISION IMPROVEMENT AGREEMENT
(Civil and Joint Trench & Street Light Improvements)
(FINAL MAP TRACT NO. 4194)
THIS SUBDIVISION IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) Improvement Plans, “Tract 4194 Neighborhood I”, Mountain House, San Joaquin County, California prepared by CBG civil engineers dated December 11, 2024, and consisting of combined sheets 1 through 14; and 2) Neighborhood ‘I’ Tract 4194, Joint Trench Composite Plan and Public Street Lighting Plan prepared by Giacalone Design Services Inc. dated April 7, 2025, and consisting of combined sheets 1 through 12; and are now on file in the office of the City Manager of the City (collectively referenced herein as the “Improvements”); and
WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
ATTACHMENT B-1
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2 AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
ATTACHMENT B-1
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3 The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
ATTACHMENT B-1
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4 10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 685,000
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 685,000
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit A for Engineers Bond Estimates prepared by Carlson, Barbee and Gibson, Inc.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been ATTACHMENT B-1
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5 filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
ATTACHMENT B-1
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6 The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at ATTACHMENT B-1
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7 Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. REPAIRS AND REPLACEMENTS OF DAMAGE BY HOME BUILDER ACTIVITIES
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by Subdivider’s activities, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the City, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specification and standards of the City and/or agencies as needed.
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the ATTACHMENT B-1
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8 improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall ATTACHMENT B-1
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9 be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager
ATTACHMENT B-1
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10 25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. INTENTIONALLY DELETED
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
ATTACHMENT B-1
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11 This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
By: _____________________________________
John Bakker, City Attorney
Mountain House Developers LLC,
a Delaware limited liability company
BY: ________________________________
Name: Karnail Singh Sandhu
Its: Manager
Date: ______________________________
ATTACHMENT B-1
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ENGINEER'S BOND ESTIMATE November 20, 2025
TRACT 4194 IMPROVEMENT PLANS Job No.: 0673-058
61 LOTS (45' x 100')
MOUNTAIN HOUSE - 'NEIGHBORHOOD I'
SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET WORK
1 Grading R/W to R/W 0 SF 0.30 $ -
2 4" AC Paving 0 SF 1.62 $ -
3 10" Aggregate Base 0 SF 1.30 $ -
4 14" Aggregate Base 0 SF 1.95 $ -
5 Vertical Curb and Gutter 0 LF 21.00 $ -
6 Rolled Curb and Gutter 0 LF 21.00 $ -
7 6" Sidewalk with 4" Cushion (Class III Sidewalk) 0 SF 6.00 $ - 8 Handicap Ramps 3 EA 2,255.00 $ 6,765
9 Signage 1 LS 4,000.00 $ 4,000
10 Thermo-Plastic Striping 1 LS 4,000.00 $ 4,000
11 Monuments 9 EA 260.00 $ 2,340
12 Driveway Approaches 61 EA 800.00 $ 48,800
Subtotal Street Work $ 65,905
STORM DRAIN
13 Catch Basin 0 EA 2,200.00 $ -
14 Field Inlet 0 EA 2,200.00 $ -
15 Manhole 0 EA 3,000.00 $ -
16 12" PVC 0 LF 33.00 $ -
17 15" PVC 0 LF 36.00 $ -
Subtotal Storm Drain $ -
WATER
18 Water Services (Tract 4194) 0 EA 540.00 $ -
19 8" Water Line (Including all appurtenances) 0 LF 39.00 $ - 20 14" Water Line (Including all appurtenances) 0 LF 85.00 $ - 21 Blow Off Valves 0 EA 770.00 $ -
22 Air Release Valve 0 EA 800.00 $ -
23 Fire Hydrant (Including all appurtenances) 0 EA 5,100.00 $ - 24 Bacteria Sampling Station 0 EA 2,000.00 $ -
Subtotal Water $ -
SANITARY SEWER
25 Manholes 0 EA 2,700.00 $ -
26 4" Laterals (Tract 4194) 0 EA 585.00 $ -
27 8" Sanitary Sewer Pipe 0 LF 26.00 $ -
Subtotal Sanitary Sewer $ -
MISCELLANEOUS
28 Erosion Control 10.4 AC 5,000.00 $ 52,000
29 Security Cameras 5.0 LS 10,000.00 $ 50,000
30 Street Lights (Assume 1 every 150') 0 EA 7,500.00 $ - 31 Community Wall 1,300 LF 350.00 $ 455,000
Subtotal Miscellaneous $ 557,000
SUBTOTAL TRACT 4194 IMPROVEMENT PLANS BOND AMOUNT $ 622,905 10% CONTINGENCY $ 62,291
TOTAL TRACT 4194 IMPROVEMENT PLANS BOND AMOUNT $ 685,000 (to the nearest $1,000)
P:\0600 - 0799\673-058\Estimates\Bond\02_Tract 4194\2025.11.20 FOR BONDING\1. Bond Estimate - 4194 - Civil Imp DRAFT.xlsx Page 1 of 1 EXHIBIT A ATTACHMENT B-1
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1 SIA-2025-13
SUBDIVISION IMPROVEMENT AGREEMENT
(In-Tract Landscaping and Irrigation Improvements)
(FINAL MAP TRACT NO. 4194)
THIS SUBDIVISION IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) “Future Neighborhood ‘I’ (Theme: Prairie) In-Tract Landscape Guidelines”, prepared by vanderToolen & Associates to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications ATTACHMENT B-2
Item 7.10
Mountain House Page 263 of 545
2 and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
ATTACHMENT B-2
Item 7.10
Mountain House Page 264 of 545
3 Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
ATTACHMENT B-2
Item 7.10
Mountain House Page 265 of 545
4 B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 107,000
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 107,000
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit A for Engineers Bond Estimates prepared by Carlson Barbee and Gibson, Inc.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
ATTACHMENT B-2
Item 7.10
Mountain House Page 266 of 545
5 D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
ATTACHMENT B-2
Item 7.10
Mountain House Page 267 of 545
6 Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
ATTACHMENT B-2
Item 7.10
Mountain House Page 268 of 545
7 B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. REPAIRS AND REPLACEMENTS OF DAMAGE BY HOME BUILDER ACTIVITIES
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by Subdivider’s activities, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the City, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specification and standards of the City and/or agencies as needed.
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
ATTACHMENT B-2
Item 7.10
Mountain House Page 269 of 545
8 All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
ATTACHMENT B-2
Item 7.10
Mountain House Page 270 of 545
9 All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
ATTACHMENT B-2
Item 7.10
Mountain House Page 271 of 545
10 The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. LANDSCAPE PLANS
The Subdivider shall plan, design and install landscaping per the Conditions of Approval and the City Design Guidelines.
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
ATTACHMENT B-2
Item 7.10
Mountain House Page 272 of 545
11 City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
By: _____________________________________
John Bakker, City Attorney
Mountain House Developers LLC,
a Delaware limited liability company
BY: ________________________________
Name: Karnail Singh Sandhu
Its: Manager
Date: ______________________________
ATTACHMENT B-2
Item 7.10
Mountain House Page 273 of 545
ENGINEER'S BOND ESTIMATE November 19, 2025
TRACT 4194 PARKWAY LANDSCAPING AND IRRIGATION Job No.: 0673-058 61 LOTS (45' x 100')
MOUNTAIN HOUSE - 'NEIGHBORHOOD I'
SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
MISCELLANEOUS
1 Parkway Landscaping and Irrigation 15,000 SF 6.50 $ 97,500 Subtotal Miscellaneous $ 97,500
SUBTOTAL TRACT 4194 PARKWAY LANDSCAPING AND IRRIGATION BOND AMOUNT $ 97,500 10% CONTINGENCY $ 9,750
TOTAL TRACT 4194 PARKWAY LANDSCAPING AND IRRIGATION BOND AMOUNT $ 107,000 (to the nearest $1,000)
P:\0600 - 0799\673-058\Estimates\Bond\02_Tract 4194\2025.11.20 FOR BONDING\2. Bond Estimate - 4194 - Intract Landscaping - DRAFT.xlsx Page 1 of 1 ATTACHMENT B-2
Item 7.10
Mountain House Page 274 of 545
1 OIA-2025-15
OFFSITE IMPROVEMENT AGREEMENT
(Central Parkway Phase 2 Offsite Arterial Civil and Joint Trench Improvements) (FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) Improvement Plans, “Central Parkway/Great Valley Parkway” Infrastructure Improvements North of Byron Road, Mountain House, San Joaquin County, California prepared by CBG civil engineers dated February 18, 2021, and consisting of combined sheets 1 through 64; and 2) Neighborhood ‘K’ Offsite Backbone - MLX, Joint Trench Composite Plan and Public Street Lighting Plan prepared by Giacalone dated April 22, 2021, and consisting of combined sheets 1 through 29; 3) Great Valley Parkway and Central Parkway Extension Traffic Signals prepared by TJKM dated October 10, 2023; and 4) a phasing plan delineating the Phase 2 improvements, dated December 4, 2025 (attached as Exhibit A), all of which are now on file in the office of the City Manager of the City (collectively referenced herein as the “Improvements”); and
WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
ATTACHMENT B-3
Item 7.10
Mountain House Page 275 of 545
2 AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
ATTACHMENT B-3
Item 7.10
Mountain House Page 276 of 545
3 The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
ATTACHMENT B-3
Item 7.10
Mountain House Page 277 of 545
4 10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 714,000
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 714,000
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit B for Engineers Bond Estimates prepared by Carlson Barbee & Gibson Inc.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
ATTACHMENT B-3
Item 7.10
Mountain House Page 278 of 545
5 C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
ATTACHMENT B-3
Item 7.10
Mountain House Page 279 of 545
6 A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, ATTACHMENT B-3
Item 7.10
Mountain House Page 280 of 545
7 backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
ATTACHMENT B-3
Item 7.10
Mountain House Page 281 of 545
8 No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
ATTACHMENT B-3
Item 7.10
Mountain House Page 282 of 545
9 Notices required to be given to the City shall be addressed as follows:
City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal ATTACHMENT B-3
Item 7.10
Mountain House Page 283 of 545
10 project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. NOT USED
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
ATTACHMENT B-3
Item 7.10
Mountain House Page 284 of 545
BYRON ROAD
CENTRAL
CENTRAL
PARKWAY
PARKWAY
VALLEY
GREAT
GRAYCLIFF AVENUE
'YY' WAY
PARKWAY
DIAPREET
KIRPA DRIVE
DRIVE
KIRPA DRIVE
FIRE
STATION
ARTURO BOULEVARD
ARTURO BOULEVARD CENTRAL
PARKWAY
CALABRIA DRIVE
CALABRIA DRIVE
ADRIANA DRIVE
RUSTICA WAY
RUSTICA WAY
GRAYCLIFF AVENUE
'A' AVENUE
GRAYCLIFF AVENUE
HOUSE
MOUNTAIN
PARKWAY
PHASE 6+
TRACTS 4195-4197
PHASE 3
TRACTS 4191-4193
PHASE 2
TRACTS 4200-4202
PHASE 4
TRACT 4198
TRACT 4203
PHASE 1
TRACT 4194
KELSO ROAD PHASE 5
TRACT 4198
TRACT 4199
EXISTING
DETENTION
POND
'ZZ' DRIVE
'A' AVENUE
SPINARDI WAY
I:\673-80\ACAD\EXHIBITS\XB_158_ARTERIAL & NH-I PHASE IMPROVEMENTS.DWG
PHASE IMPROVEMENTS
NEIGHBORHOOD J ARTERIAL & NEIGHBORHOOD I
CITY OF MOUNTAIN HOUSE SAN JOAQUIN COUNTY CALIFORNIA
SCALE: 1"=300' DATE: DECEMBER 4, 2025
0 300 600 900 CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND
COMPLETED ARTERIAL - FULL IMPROVEMENTS
ARTERIAL IMPROVEMENTS - INTERSECTION ILLUMINATED WITH STREET
LIGHTS ASSOCIATED WITH TRAFFIC SIGNAL PLANS
ARTERIAL IMPROVEMENTS:
· STREET LIGHTING
· INTERSECTION ILLUMINATED WITH STREET LIGHTING
ASSOCIATED WITH TRAFFIC SIGNAL PLANS
· ROADWAY SURFACE IMPROVEMENTS
· ALL SIDEWALKS
· LANDSCAPING
COMPLETED - TRAFFIC SIGNAL POLES WITH STREET LIGHTING
ARTERIAL & NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS
ARTERIAL & NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS
NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS:
· FULL CIVIL/JT/SL/LANDSCAPING IMPROVEMENTS WITH
ARTERIAL IMPROVEMENTS (CENTRAL PARKWAY - KIRPA TO
GRAYCLIFF)
· INSTALL SECURITY CAMERAS AT CENTRAL PARKWAY
INTERSECTIONS WITH GRAYCLIFF AVENUE, GREAT VALLEY
PARKWAY, KIRPA DRIVE, DIAPREET DRIVE & MOUNTAIN HOUSE
PARKWAY
· NEIGHBORHOOD ENTRY AT GRAYCLIFF & CENTRAL (WEST
SIDE OF CENTRAL)
· ARTERIAL ENTRY AT CENTRAL & GREAT VALLEY PARKWAY
· EXISTING DRY CREEK PUMP TO BE REBUILT OR REFURBISHED.
SUBMIT TO CITY FOR REVIEW AND APPROVAL.
· ROUGH GRADING AND CULVERTS FOR DRY CREEK
CROSSINGS OF 'A' AVENUE & GRAYCLIFF AVENUE
· DRY CREEK OVERFLOW CHANNEL
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS WITH ARTERIAL
IMPROVEMENTS (GREAT VALLEY PARKWAY)
· INSTALL SECURITY CAMERAS AT GREAT VALLEY PARKWAY
INTERSECTIONS WITH 'A' AVENUE AND ADRIANA DRIVE
· NEIGHBORHOOD ENTRY AT GREAT VALLEY PARKWAY AND 'A'
AVENUE
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· NEIGHBORHOOD I STORM DRAIN AND SEWER PUMP STATION
· NEIGHBORHOOD I LAKE
· RAW WATER CONNECTION FROM 'ZZ' DRIVE AND GRAYCLIFF
AVENUE INTERSECTION TO DETENTION BASIN
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· FULL NEW KELSO ROAD IMPROVEMENTS AND UTILITY STUBS
TO EXISTING PROPERTY LINES
· REMOVE EXISTING INTERIM KELSO ROAD CONNECTION
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· PHASE 6+ MAY BE SPLIT INTO ADDITIONAL PHASES. FUTURE
PHASES TO BE APPROVED BY CITY
PHASE 4 - RAW WATER CONNECTION TO DETENTION BASIN
NOTE:
IF THE SEQUENCE OF PHASING AS SHOWN IN
THE EXHIBIT CHANGES, THEN THIS PHASING
PLAN SHALL BE REEVALUATED AND UPDATED
AS DETERMINED BY THE CITY MANAGER.
SECURITY CAMERAS AT INERSECTION
EXHIBIT A
ATTACHMENT B-3
Item 7.10
Mountain House Page 285 of 545
ENGINEER'S BOND ESTIMATE November 20, 2025
NEIGHBORHOOD J ARTERIALS - CENTRAL PKWY Job No.: 0673-058 PHASE 2
MOUNTAIN HOUSE - 'NEIGHBORHOOD J'
SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET WORK
1 Grading R/W to R/W 0 SF 0.30 $ -
2 4" AC Paving 0 SF 1.62 $ -
3 10" Aggregate Base 0 SF 1.30 $ -
4 14" Aggregate Base 0 SF 1.95 $ -
5 Vertical Curb and Gutter 0 LF 21.00 $ -
6 Rolled Curb and Gutter 0 LF 21.00 $ -
7 6" Sidewalk with 4" Cushion (Class III Sidewalk) 4,000 SF 6.00 $ 24,000 8 Handicap Ramps 0 EA 2,255.00 $ -
9 Signage & Striping 1 LS 273,800.00 $ 273,800
10 Monuments 4 EA 260.00 $ 1,040
11 Driveway Approaches 0 EA 800.00 $ -
Subtotal Street Work $ 298,840
STORM DRAIN
13 Catch Basin 0 EA 2,200.00 $ -
14 Field Inlet 0 EA 2,200.00 $ -
15 Manhole 0 EA 3,000.00 $ -
16 12" PVC 0 LF 33.00 $ -
17 15" PVC 0 LF 36.00 $ -
Subtotal Storm Drain $ -
WATER
18 Water Services (Tract 4194) 0 EA 540.00 $ -
19 8" Water Line (Including all appurtenances) 0 LF 39.00 $ - 20 14" Water Line (Including all appurtenances) 0 LF 85.00 $ - 21 Blow Off Valves 0 EA 770.00 $ -
22 Air Release Valve 0 EA 800.00 $ -
23 Fire Hydrant (Including all appurtenances) 0 EA 5,100.00 $ - 24 Bacteria Sampling Station 0 EA 2,000.00 $ -
Subtotal Water $ -
SANITARY SEWER
25 Manholes 0 EA 2,700.00 $ -
26 4" Laterals (Tract 4194) 0 EA 585.00 $ -
27 8" Sanitary Sewer Pipe 0 LF 26.00 $ -
Subtotal Sanitary Sewer $ -
MISCELLANEOUS
28 Erosion Control 0.0 AC 5,000.00 $ -
29 Security Cameras 5.0 EA 10,000.00 $ 50,000
30 Street Lights (Assume 1 every 150') 0 EA 7,500.00 $ - 31 Traffic Signals (Poles with lights) 3 EA 100,000.00 $ 300,000 32 Community Wall 0 LF 350.00 $ -
Subtotal Miscellaneous $ 350,000
SUBTOTAL NEIGHBORHOOD J ARTERIALS - CENTRAL PKWY BOND AMOUNT $ 648,840 10% CONTINGENCY $ 64,884
TOTAL NEIGHBORHOOD J ARTERIALS - CENTRAL PKWY BOND AMOUNT $ 714,000 (to the nearest $1,000)
P:\0600 - 0799\673-058\Estimates\Bond\02_Tract 4194\2025.11.20 FOR BONDING\5. Bond Estimate - J Arterials Phase 2 CENTRAL - Draft.xlsx Page 1 of 1
ATTACHMENT
EXHIBIT B
B-3
Item 7.10
Mountain House Page 286 of 545
1 OIA-2025-14
OFFSITE IMPROVEMENT AGREEMENT
(Central Parkway Phase 2 Off-site Arterial Landscape Improvements) (FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) “Future Neighborhood J Offsite Arterials – PH2 Landscape Improvement Plans”; and 2) a phasing plan delineating the Phase 2 improvements, dated December 4, 2025 (attached as Exhibit A), to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
AGREEMENT
1. PERFORMANCE OF WORK
ATTACHMENT B-4
Item 7.10
Mountain House Page 287 of 545
2 Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
ATTACHMENT B-4
Item 7.10
Mountain House Page 288 of 545
3 4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
ATTACHMENT B-4
Item 7.10
Mountain House Page 289 of 545
4 A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 1,331,384
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 1,331,384
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit B for Engineers Bond Estimates prepared by Wood Rodgers Inc.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
ATTACHMENT B-4
Item 7.10
Mountain House Page 290 of 545
5 D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
ATTACHMENT B-4
Item 7.10
Mountain House Page 291 of 545
6 Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
ATTACHMENT B-4
Item 7.10
Mountain House Page 292 of 545
7 Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
ATTACHMENT B-4
Item 7.10
Mountain House Page 293 of 545
8 All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
ATTACHMENT B-4
Item 7.10
Mountain House Page 294 of 545
9 City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
ATTACHMENT B-4
Item 7.10
Mountain House Page 295 of 545
10 27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. LANDSCAPE PLANS
The Subdivider shall plan, design and install landscaping per the Conditions of Approval and the City Design Guidelines.
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
ATTACHMENT B-4
Item 7.10
Mountain House Page 296 of 545
BYRON ROAD
CENTRAL
CENTRAL
PARKWAY
PARKWAY
VALLEY
GREAT
GRAYCLIFF AVENUE
'YY' WAY
PARKWAY
DIAPREET
KIRPA DRIVE
DRIVE
KIRPA DRIVE
FIRE
STATION
ARTURO BOULEVARD
ARTURO BOULEVARD CENTRAL
PARKWAY
CALABRIA DRIVE
CALABRIA DRIVE
ADRIANA DRIVE
RUSTICA WAY
RUSTICA WAY
GRAYCLIFF AVENUE
'A' AVENUE
GRAYCLIFF AVENUE
HOUSE
MOUNTAIN
PARKWAY
PHASE 6+
TRACTS 4195-4197
PHASE 3
TRACTS 4191-4193
PHASE 2
TRACTS 4200-4202
PHASE 4
TRACT 4198
TRACT 4203
PHASE 1
TRACT 4194
KELSO ROAD PHASE 5
TRACT 4198
TRACT 4199
EXISTING
DETENTION
POND
'ZZ' DRIVE
'A' AVENUE
SPINARDI WAY
I:\673-80\ACAD\EXHIBITS\XB_158_ARTERIAL & NH-I PHASE IMPROVEMENTS.DWG
PHASE IMPROVEMENTS
NEIGHBORHOOD J ARTERIAL & NEIGHBORHOOD I
CITY OF MOUNTAIN HOUSE SAN JOAQUIN COUNTY CALIFORNIA
SCALE: 1"=300' DATE: DECEMBER 4, 2025
0 300 600 900 CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND
COMPLETED ARTERIAL - FULL IMPROVEMENTS
ARTERIAL IMPROVEMENTS - INTERSECTION ILLUMINATED WITH STREET
LIGHTS ASSOCIATED WITH TRAFFIC SIGNAL PLANS
ARTERIAL IMPROVEMENTS:
· STREET LIGHTING
· INTERSECTION ILLUMINATED WITH STREET LIGHTING
ASSOCIATED WITH TRAFFIC SIGNAL PLANS
· ROADWAY SURFACE IMPROVEMENTS
· ALL SIDEWALKS
· LANDSCAPING
COMPLETED - TRAFFIC SIGNAL POLES WITH STREET LIGHTING
ARTERIAL & NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS
ARTERIAL & NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS
NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS:
· FULL CIVIL/JT/SL/LANDSCAPING IMPROVEMENTS WITH
ARTERIAL IMPROVEMENTS (CENTRAL PARKWAY - KIRPA TO
GRAYCLIFF)
· INSTALL SECURITY CAMERAS AT CENTRAL PARKWAY
INTERSECTIONS WITH GRAYCLIFF AVENUE, GREAT VALLEY
PARKWAY, KIRPA DRIVE, DIAPREET DRIVE & MOUNTAIN HOUSE
PARKWAY
· NEIGHBORHOOD ENTRY AT GRAYCLIFF & CENTRAL (WEST
SIDE OF CENTRAL)
· ARTERIAL ENTRY AT CENTRAL & GREAT VALLEY PARKWAY
· EXISTING DRY CREEK PUMP TO BE REBUILT OR REFURBISHED.
SUBMIT TO CITY FOR REVIEW AND APPROVAL.
· ROUGH GRADING AND CULVERTS FOR DRY CREEK
CROSSINGS OF 'A' AVENUE & GRAYCLIFF AVENUE
· DRY CREEK OVERFLOW CHANNEL
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS WITH ARTERIAL
IMPROVEMENTS (GREAT VALLEY PARKWAY)
· INSTALL SECURITY CAMERAS AT GREAT VALLEY PARKWAY
INTERSECTIONS WITH 'A' AVENUE AND ADRIANA DRIVE
· NEIGHBORHOOD ENTRY AT GREAT VALLEY PARKWAY AND 'A'
AVENUE
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· NEIGHBORHOOD I STORM DRAIN AND SEWER PUMP STATION
· NEIGHBORHOOD I LAKE
· RAW WATER CONNECTION FROM 'ZZ' DRIVE AND GRAYCLIFF
AVENUE INTERSECTION TO DETENTION BASIN
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· FULL NEW KELSO ROAD IMPROVEMENTS AND UTILITY STUBS
TO EXISTING PROPERTY LINES
· REMOVE EXISTING INTERIM KELSO ROAD CONNECTION
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· PHASE 6+ MAY BE SPLIT INTO ADDITIONAL PHASES. FUTURE
PHASES TO BE APPROVED BY CITY
PHASE 4 - RAW WATER CONNECTION TO DETENTION BASIN
NOTE:
IF THE SEQUENCE OF PHASING AS SHOWN IN
THE EXHIBIT CHANGES, THEN THIS PHASING
PLAN SHALL BE REEVALUATED AND UPDATED
AS DETERMINED BY THE CITY MANAGER.
SECURITY CAMERAS AT INERSECTION
EXHIBIT A
ATTACHMENT B-4
Item 7.10
Mountain House Page 297 of 545
11/20/2025
# QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GENERAL CONSTRUCTION ITEMS
1. 1 ALLOW Landscape Clearing & Grubbing $ 7,500.00 $ 7,500
2. 1 ALLOW SWPPP Measures $ 7,500.00 $ 7,500
sub-total $ 15,000
B. LANDSCAPE
3. 153,723 SF Soil Amendments & Finish Grading $ 0.50 $ 76,862 sub-total $ 76,862
C. IRRIGATION
4. 153,723 SF Irrigation System $ 4.00 $ 614,892
5. 1 ALLOW Irrigation Controller and Accessories $ 30,000.00 $ 30,000
6. 1 ALLOW Irrigation Electrical $ 10,000.00 $ 10,000
7. 1 ALLOW Irrigation Audit $ 4,000.00 $ 4,000
sub-total $ 658,892
D. PLANTING
8. 342 EA 24" Box Tree $ 450.00 $ 153,900
9. 1,862 EA 5 Gallon Shrub $ 30.00 $ 55,860
10. 6,505 EA 1 Gallon Shrub $ 15.00 $ 97,575
11. 1,423 CY Bark Mulch $ 70.00 $ 99,635
sub-total $ 406,970
E. HARDSCAPE
12. 2,595 SF Median Pavers $ 15.00 $ 38,925
13. 1,370 LF Root Barrier $ 10.00 $ 13,700
sub-total $ 52,625
CONSTRUCTION COST SUMMARY
A. GENERAL CONSTRUCTION ITEMS $ 15,000
B. LANDSCAPE $ 76,862
C. IRRIGATION $ 658,892
D. PLANTING $ 406,970
E. HARDSCAPE $ 52,625
TOTAL CONSTRUCTION COST $ 1,210,349
10% CONTINGENCY $ 121,035
$ 1,331,384
Preliminary Construction Cost Estimate
NEIGHBORHOOD J - ARTERIALS - PHASE 2
CENTRAL PARKWAY
MOUNTAIN HOUSE, CALIFORNIA
3-Nov-25
Please Note: This cost is based on Planting and Irrigation plans dated November 10, 2025. It is recognized that neither Wood Rodgers nor the Client has any control over the cost of labor, materials, or equipment, over the Contractors' methods of determining bid prices, or other competitive bidding markets. Prices will vary from any construction cost or other estimate or evaluation prepared by the Landscape Architect.
J:\Jobs\3343_Mountain House\3343_Mountain House_Neighborhood-J\Landscape\Docs\Estimates\Arterials\Ph2\20251103-ESTIMATE_MH-J-ARTERIALS-Ph2.xlsx
EXHIBIT B
ATTACHMENT B-4
Item 7.10
Mountain House Page 298 of 545
1 OIA-2025-19
OFFSITE IMPROVEMENT AGREEMENT
(Great Valley Parkway Phase 2 Offsite Arterial Civil and Joint Trench Improvements) (FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) Improvement Plans, “Central Parkway/Great Valley Parkway” Infrastructure Improvements North of Byron Road, Mountain House, San Joaquin County, California prepared by CBG civil engineers dated February 18, 2021, and consisting of combined sheets 1 through 64; and 2) Neighborhood ‘K’ Offsite Backbone - MLX, Joint Trench Composite Plan and Public Street Lighting Plan prepared by Giacalone dated April 22, 2021, and consisting of combined sheets 1 through 29; 3) Great Valley Parkway and Central Parkway Extension Traffic Signals prepared by TJKM dated October 10, 2023; and 4) a phasing plan delineating the Phase 2 improvements, dated December 4, 2025 (attached as Exhibit A), all of which are now on file in the office of the City Manager of the City (collectively referenced herein as the “Improvements”); and
WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
ATTACHMENT B-5
Item 7.10
Mountain House Page 299 of 545
2 AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
ATTACHMENT B-5
Item 7.10
Mountain House Page 300 of 545
3 The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
ATTACHMENT B-5
Item 7.10
Mountain House Page 301 of 545
4 10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 181,000
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 181,000
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit B for Engineers Bond Estimates prepared by Carlson Barbee & Gibson.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
ATTACHMENT B-5
Item 7.10
Mountain House Page 302 of 545
5 C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
ATTACHMENT B-5
Item 7.10
Mountain House Page 303 of 545
6 A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, ATTACHMENT B-5
Item 7.10
Mountain House Page 304 of 545
7 backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
ATTACHMENT B-5
Item 7.10
Mountain House Page 305 of 545
8 No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
ATTACHMENT B-5
Item 7.10
Mountain House Page 306 of 545
9 Notices required to be given to the City shall be addressed as follows:
City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether ATTACHMENT B-5
Item 7.10
Mountain House Page 307 of 545
10 buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. NOT USED
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
ATTACHMENT B-5
Item 7.10
Mountain House Page 308 of 545
BYRON ROAD
CENTRAL
CENTRAL
PARKWAY
PARKWAY
VALLEY
GREAT
GRAYCLIFF AVENUE
'YY' WAY
PARKWAY
DIAPREET
KIRPA DRIVE
DRIVE
KIRPA DRIVE
FIRE
STATION
ARTURO BOULEVARD
ARTURO BOULEVARD CENTRAL
PARKWAY
CALABRIA DRIVE
CALABRIA DRIVE
ADRIANA DRIVE
RUSTICA WAY
RUSTICA WAY
GRAYCLIFF AVENUE
'A' AVENUE
GRAYCLIFF AVENUE
HOUSE
MOUNTAIN
PARKWAY
PHASE 6+
TRACTS 4195-4197
PHASE 3
TRACTS 4191-4193
PHASE 2
TRACTS 4200-4202
PHASE 4
TRACT 4198
TRACT 4203
PHASE 1
TRACT 4194
KELSO ROAD PHASE 5
TRACT 4198
TRACT 4199
EXISTING
DETENTION
POND
'ZZ' DRIVE
'A' AVENUE
SPINARDI WAY
I:\673-80\ACAD\EXHIBITS\XB_158_ARTERIAL & NH-I PHASE IMPROVEMENTS.DWG
PHASE IMPROVEMENTS
NEIGHBORHOOD J ARTERIAL & NEIGHBORHOOD I
CITY OF MOUNTAIN HOUSE SAN JOAQUIN COUNTY CALIFORNIA
SCALE: 1"=300' DATE: DECEMBER 4, 2025
0 300 600 900 CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND
COMPLETED ARTERIAL - FULL IMPROVEMENTS
ARTERIAL IMPROVEMENTS - INTERSECTION ILLUMINATED WITH STREET
LIGHTS ASSOCIATED WITH TRAFFIC SIGNAL PLANS
ARTERIAL IMPROVEMENTS:
· STREET LIGHTING
· INTERSECTION ILLUMINATED WITH STREET LIGHTING
ASSOCIATED WITH TRAFFIC SIGNAL PLANS
· ROADWAY SURFACE IMPROVEMENTS
· ALL SIDEWALKS
· LANDSCAPING
COMPLETED - TRAFFIC SIGNAL POLES WITH STREET LIGHTING
ARTERIAL & NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS
ARTERIAL & NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS
NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS:
· FULL CIVIL/JT/SL/LANDSCAPING IMPROVEMENTS WITH
ARTERIAL IMPROVEMENTS (CENTRAL PARKWAY - KIRPA TO
GRAYCLIFF)
· INSTALL SECURITY CAMERAS AT CENTRAL PARKWAY
INTERSECTIONS WITH GRAYCLIFF AVENUE, GREAT VALLEY
PARKWAY, KIRPA DRIVE, DIAPREET DRIVE & MOUNTAIN HOUSE
PARKWAY
· NEIGHBORHOOD ENTRY AT GRAYCLIFF & CENTRAL (WEST
SIDE OF CENTRAL)
· ARTERIAL ENTRY AT CENTRAL & GREAT VALLEY PARKWAY
· EXISTING DRY CREEK PUMP TO BE REBUILT OR REFURBISHED.
SUBMIT TO CITY FOR REVIEW AND APPROVAL.
· ROUGH GRADING AND CULVERTS FOR DRY CREEK
CROSSINGS OF 'A' AVENUE & GRAYCLIFF AVENUE
· DRY CREEK OVERFLOW CHANNEL
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS WITH ARTERIAL
IMPROVEMENTS (GREAT VALLEY PARKWAY)
· INSTALL SECURITY CAMERAS AT GREAT VALLEY PARKWAY
INTERSECTIONS WITH 'A' AVENUE AND ADRIANA DRIVE
· NEIGHBORHOOD ENTRY AT GREAT VALLEY PARKWAY AND 'A'
AVENUE
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· NEIGHBORHOOD I STORM DRAIN AND SEWER PUMP STATION
· NEIGHBORHOOD I LAKE
· RAW WATER CONNECTION FROM 'ZZ' DRIVE AND GRAYCLIFF
AVENUE INTERSECTION TO DETENTION BASIN
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· FULL NEW KELSO ROAD IMPROVEMENTS AND UTILITY STUBS
TO EXISTING PROPERTY LINES
· REMOVE EXISTING INTERIM KELSO ROAD CONNECTION
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· PHASE 6+ MAY BE SPLIT INTO ADDITIONAL PHASES. FUTURE
PHASES TO BE APPROVED BY CITY
PHASE 4 - RAW WATER CONNECTION TO DETENTION BASIN
NOTE:
IF THE SEQUENCE OF PHASING AS SHOWN IN
THE EXHIBIT CHANGES, THEN THIS PHASING
PLAN SHALL BE REEVALUATED AND UPDATED
AS DETERMINED BY THE CITY MANAGER.
SECURITY CAMERAS AT INERSECTION
EXHIBIT A
ATTACHMENT B-5
Item 7.10
Mountain House Page 309 of 545
ENGINEER'S BOND ESTIMATE November 20, 2025
NEIGHBORHOOD J ARTERIALS - GREAT VALLEY PKWY Job No.: 0673-058 PHASE 2
MOUNTAIN HOUSE - 'NEIGHBORHOOD J'
SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET WORK
1 Grading R/W to R/W 0 SF 0.30 $ -
2 4" AC Paving 0 SF 1.62 $ -
3 10" Aggregate Base 0 SF 1.30 $ -
4 14" Aggregate Base 0 SF 1.95 $ -
5 Vertical Curb and Gutter 0 LF 21.00 $ -
6 Rolled Curb and Gutter 0 LF 21.00 $ -
7 6" Sidewalk with 4" Cushion (Class III Sidewalk) 2,000 SF 6.00 $ 12,000 8 Handicap Ramps 0 EA 2,255.00 $ -
9 Signage & Striping 1 LS 132,000.00 $ 132,000
10 Monuments 2 EA 260.00 $ 520
11 Driveway Approaches 0 EA 800.00 $ -
Subtotal Street Work $ 144,520
STORM DRAIN
13 Catch Basin 0 EA 2,200.00 $ -
14 Field Inlet 0 EA 2,200.00 $ -
15 Manhole 0 EA 3,000.00 $ -
16 12" PVC 0 LF 33.00 $ -
17 15" PVC 0 LF 36.00 $ -
Subtotal Storm Drain $ -
WATER
18 Water Services (Tract 4194) 0 EA 540.00 $ -
19 8" Water Line (Including all appurtenances) 0 LF 39.00 $ - 20 14" Water Line (Including all appurtenances) 0 LF 85.00 $ - 21 Blow Off Valves 0 EA 770.00 $ -
22 Air Release Valve 0 EA 800.00 $ -
23 Fire Hydrant (Including all appurtenances) 0 EA 5,100.00 $ - 24 Bacteria Sampling Station 0 EA 2,000.00 $ -
Subtotal Water $ -
SANITARY SEWER
25 Manholes 0 EA 2,700.00 $ -
26 4" Laterals (Tract 4194) 0 EA 585.00 $ -
27 8" Sanitary Sewer Pipe 0 LF 26.00 $ -
Subtotal Sanitary Sewer $ -
MISCELLANEOUS
28 Erosion Control 0.0 AC 5,000.00 $ -
29 Security Cameras 2.0 EA 10,000.00 $ 20,000
30 Street Lights (Assume 1 every 150') 0 EA 7,500.00 $ - 31 Traffic Signals (Poles with lights) 0 EA 100,000.00 $ - 32 Community Wall 0 LF 350.00 $ -
Subtotal Miscellaneous $ 20,000
SUBTOTAL NEIGHBORHOOD J ARTERIALS - GREAT VALLEY PKWY BOND AMOUNT $ 164,520 10% CONTINGENCY $ 16,452
TOTAL NEIGHBORHOOD J ARTERIALS - GREAT VALLEY PKWY BOND AMOUNT $ 181,000 (to the nearest $1,000)
P:\0600 - 0799\673-058\Estimates\Bond\02_Tract 4194\2025.11.20 FOR BONDING\4. Bond Estimate - J Arterials Phase 2 GVP - Draft.xlsx Page 1 of 1 EXHIBIT B ATTACHMENT B-5
Item 7.10
Mountain House Page 310 of 545
1 OIA-2025-20
OFFSITE IMPROVEMENT AGREEMENT
(Great Valley Parkway Phase 2 Off-site Arterial Landscape Improvements) (FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) “Future Neighborhood J Offsite Arterials – PH2 Landscape Improvement Plans”; and 2) a phasing plan delineating the Phase 2 improvements, dated December 4, 2025 (attached as Exhibit A), to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
AGREEMENT
1. PERFORMANCE OF WORK
ATTACHMENT B-6
Item 7.10
Mountain House Page 311 of 545
2 Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
ATTACHMENT B-6
Item 7.10
Mountain House Page 312 of 545
3 4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
ATTACHMENT B-6
Item 7.10
Mountain House Page 313 of 545
4 A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 1,555,690
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 1,555,690
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit B for Engineers Bond Estimates prepared by Wood Rodgers Inc.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
ATTACHMENT B-6
Item 7.10
Mountain House Page 314 of 545
5 D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
ATTACHMENT B-6
Item 7.10
Mountain House Page 315 of 545
6 Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
ATTACHMENT B-6
Item 7.10
Mountain House Page 316 of 545
7 Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
ATTACHMENT B-6
Item 7.10
Mountain House Page 317 of 545
8 All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
ATTACHMENT B-6
Item 7.10
Mountain House Page 318 of 545
9 City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
ATTACHMENT B-6
Item 7.10
Mountain House Page 319 of 545
10 27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. LANDSCAPE PLANS
The Subdivider shall plan, design and install landscaping per the Conditions of Approval and the City Design Guidelines.
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
ATTACHMENT B-6
Item 7.10
Mountain House Page 320 of 545
BYRON ROAD
CENTRAL
CENTRAL
PARKWAY
PARKWAY
VALLEY
GREAT
GRAYCLIFF AVENUE
'YY' WAY
PARKWAY
DIAPREET
KIRPA DRIVE
DRIVE
KIRPA DRIVE
FIRE
STATION
ARTURO BOULEVARD
ARTURO BOULEVARD CENTRAL
PARKWAY
CALABRIA DRIVE
CALABRIA DRIVE
ADRIANA DRIVE
RUSTICA WAY
RUSTICA WAY
GRAYCLIFF AVENUE
'A' AVENUE
GRAYCLIFF AVENUE
HOUSE
MOUNTAIN
PARKWAY
PHASE 6+
TRACTS 4195-4197
PHASE 3
TRACTS 4191-4193
PHASE 2
TRACTS 4200-4202
PHASE 4
TRACT 4198
TRACT 4203
PHASE 1
TRACT 4194
KELSO ROAD PHASE 5
TRACT 4198
TRACT 4199
EXISTING
DETENTION
POND
'ZZ' DRIVE
'A' AVENUE
SPINARDI WAY
I:\673-80\ACAD\EXHIBITS\XB_158_ARTERIAL & NH-I PHASE IMPROVEMENTS.DWG
PHASE IMPROVEMENTS
NEIGHBORHOOD J ARTERIAL & NEIGHBORHOOD I
CITY OF MOUNTAIN HOUSE SAN JOAQUIN COUNTY CALIFORNIA
SCALE: 1"=300' DATE: DECEMBER 4, 2025
0 300 600 900 CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND
COMPLETED ARTERIAL - FULL IMPROVEMENTS
ARTERIAL IMPROVEMENTS - INTERSECTION ILLUMINATED WITH STREET
LIGHTS ASSOCIATED WITH TRAFFIC SIGNAL PLANS
ARTERIAL IMPROVEMENTS:
· STREET LIGHTING
· INTERSECTION ILLUMINATED WITH STREET LIGHTING
ASSOCIATED WITH TRAFFIC SIGNAL PLANS
· ROADWAY SURFACE IMPROVEMENTS
· ALL SIDEWALKS
· LANDSCAPING
COMPLETED - TRAFFIC SIGNAL POLES WITH STREET LIGHTING
ARTERIAL & NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS
ARTERIAL & NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS
NEIGHBORHOOD I - PHASE 1 IMPROVEMENTS:
· FULL CIVIL/JT/SL/LANDSCAPING IMPROVEMENTS WITH
ARTERIAL IMPROVEMENTS (CENTRAL PARKWAY - KIRPA TO
GRAYCLIFF)
· INSTALL SECURITY CAMERAS AT CENTRAL PARKWAY
INTERSECTIONS WITH GRAYCLIFF AVENUE, GREAT VALLEY
PARKWAY, KIRPA DRIVE, DIAPREET DRIVE & MOUNTAIN HOUSE
PARKWAY
· NEIGHBORHOOD ENTRY AT GRAYCLIFF & CENTRAL (WEST
SIDE OF CENTRAL)
· ARTERIAL ENTRY AT CENTRAL & GREAT VALLEY PARKWAY
· EXISTING DRY CREEK PUMP TO BE REBUILT OR REFURBISHED.
SUBMIT TO CITY FOR REVIEW AND APPROVAL.
· ROUGH GRADING AND CULVERTS FOR DRY CREEK
CROSSINGS OF 'A' AVENUE & GRAYCLIFF AVENUE
· DRY CREEK OVERFLOW CHANNEL
NEIGHBORHOOD I - PHASE 2 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
NEIGHBORHOOD I - PHASE 3 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS WITH ARTERIAL
IMPROVEMENTS (GREAT VALLEY PARKWAY)
· INSTALL SECURITY CAMERAS AT GREAT VALLEY PARKWAY
INTERSECTIONS WITH 'A' AVENUE AND ADRIANA DRIVE
· NEIGHBORHOOD ENTRY AT GREAT VALLEY PARKWAY AND 'A'
AVENUE
NEIGHBORHOOD I - PHASE 4 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· NEIGHBORHOOD I STORM DRAIN AND SEWER PUMP STATION
· NEIGHBORHOOD I LAKE
· RAW WATER CONNECTION FROM 'ZZ' DRIVE AND GRAYCLIFF
AVENUE INTERSECTION TO DETENTION BASIN
NEIGHBORHOOD I - PHASE 5 IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· FULL NEW KELSO ROAD IMPROVEMENTS AND UTILITY STUBS
TO EXISTING PROPERTY LINES
· REMOVE EXISTING INTERIM KELSO ROAD CONNECTION
NEIGHBORHOOD I - PHASE 6+ IMPROVEMENTS:
· FULL CIVIL/JT/SL IMPROVEMENTS
· PHASE 6+ MAY BE SPLIT INTO ADDITIONAL PHASES. FUTURE
PHASES TO BE APPROVED BY CITY
PHASE 4 - RAW WATER CONNECTION TO DETENTION BASIN
NOTE:
IF THE SEQUENCE OF PHASING AS SHOWN IN
THE EXHIBIT CHANGES, THEN THIS PHASING
PLAN SHALL BE REEVALUATED AND UPDATED
AS DETERMINED BY THE CITY MANAGER.
SECURITY CAMERAS AT INERSECTION
EXHIBIT A
ATTACHMENT B-6
Item 7.10
Mountain House Page 321 of 545
11/20/2025
# QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GENERAL CONSTRUCTION ITEMS
1. 1 ALLOW Landscape Clearing & Grubbing $ 7,500.00 $ 7,500
2. 1 ALLOW SWPPP Measures $ 7,500.00 $ 7,500
sub-total $ 15,000
B. LANDSCAPE
3. 158,201 SF Soil Amendments & Finish Grading $ 0.50 $ 79,101 sub-total $ 79,101
C. IRRIGATION
4. 158,201 SF Irrigation System $ 4.00 $ 632,804
5. 2 ALLOW Irrigation Controller and Accessories $ 30,000.00 $ 60,000
6. 2 ALLOW Irrigation Electrical $ 10,000.00 $ 20,000
7. 2 ALLOW Irrigation Audit $ 4,000.00 $ 8,000
sub-total $ 720,804
D. PLANTING
8. 282 EA 24" Box Tree $ 450.00 $ 126,900
9. 25 EA 15 Gallon Shrub $ 150.00 $ 3,750
10. 3,590 EA 5 Gallon Shrub $ 30.00 $ 107,700
11. 5,897 EA 1 Gallon Shrub $ 15.00 $ 88,455
12. 1,797 SF Sod $ 3.00 $ 5,391
13. 1,465 CY Bark Mulch $ 70.00 $ 102,538
sub-total $ 434,734
E. HARDSCAPE
14. 1 ALLOW Entry Portal with Walls - Great Valley
Parkway/Adriana Dr $ 75,000.00 $ 75,000
15. 1 ALLOW Entry Portal without Walls - Great Valley Parkway / Central $ 45,000.00 $ 45,000
16. 2,975 SF Median Pavers $ 15.00 $ 44,625
sub-total $ 164,625
CONSTRUCTION COST SUMMARY
A. GENERAL CONSTRUCTION ITEMS $ 15,000
B. LANDSCAPE $ 79,101
C. IRRIGATION $ 720,804
D. PLANTING $ 434,734
E. HARDSCAPE $ 164,625
TOTAL CONSTRUCTION COST $ 1,414,263
10% CONTINGENCY $ 141,426
$ 1,555,690
Preliminary Construction Cost Estimate
NEIGHBORHOOD J - ARTERIALS - PHASE 2
GREAT VALLEY PARKWAY
MOUNTAIN HOUSE, CALIFORNIA
3-Nov-25
Please Note: This cost is based on Planting and Irrigation plans dated November 10, 2025. It is recognized that neither Wood Rodgers nor the Client has any control over the cost of labor, materials, or equipment, over the Contractors' methods of determining bid prices, or other competitive bidding markets. Prices will vary from any construction cost or other estimate or evaluation prepared by the Landscape Architect.
J:\Jobs\3343_Mountain House\3343_Mountain House_Neighborhood-J\Landscape\Docs\Estimates\Arterials\Ph2\20251103-ESTIMATE_MH-J-ARTERIALS-Ph2.xlsx
EXHIBIT B
ATTACHMENT B-6
Item 7.10
Mountain House Page 322 of 545
1 OIA-2025-17
OFFSITE IMPROVEMENT AGREEMENT
(Neighborhood Park Improvements)
(FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) “Future Neighborhood I Neighborhood Park Improvements”, to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and
WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications ATTACHMENT B-7
Item 7.10
Mountain House Page 323 of 545
2 and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
ATTACHMENT B-7
Item 7.10
Mountain House Page 324 of 545
3 Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
ATTACHMENT B-7
Item 7.10
Mountain House Page 325 of 545
4 B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 2,292,590
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 2,292,590
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit A for Engineers Bond Estimates prepared by vanderToolen Associates.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
ATTACHMENT B-7
Item 7.10
Mountain House Page 326 of 545
5 D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
ATTACHMENT B-7
Item 7.10
Mountain House Page 327 of 545
6 Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
ATTACHMENT B-7
Item 7.10
Mountain House Page 328 of 545
7 B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the ATTACHMENT B-7
Item 7.10
Mountain House Page 329 of 545
8 Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
ATTACHMENT B-7
Item 7.10
Mountain House Page 330 of 545
9 Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
27. STREET STRIPING
ATTACHMENT B-7
Item 7.10
Mountain House Page 331 of 545
10 The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. LANDSCAPE PLANS
The Subdivider shall plan, design and install landscaping per the Conditions of Approval and the City Design Guidelines.
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
By: _____________________________________
ATTACHMENT B-7
Item 7.10
Mountain House Page 332 of 545
11 John Bakker, City Attorney
Mountain House Developers LLC,
a Delaware limited liability company
BY: ________________________________
Name: Karnail Singh Sandhu
Its: Manager
Date: ______________________________
ATTACHMENT B-7
Item 7.10
Mountain House Page 333 of 545
NO. ITEM UNIT QUAN. COST EXTENSION TOTAL
LIGHTING & ELECTRICAL
1 Post Top Luminaire EA 16 9,500.00 $ 152,000.00 $
2 Electrical Outlet Bollard EA 1 3,500.00 $ $ 3,500.00
Sub-total $ 155,500
LANDSCAPE PREPARATION
3 Landscape Fine Grading SF 230,375 0.30 $ 69,112.50 $
4 Soil Preparation & Amendments SF 187,895 0.40 $ $ 75,158.00 5 Steel Header at Parkway Tree Wells LF 416 8.25 $ $ 3,432.00 6 3" Depth Bark Mulch SF 48,022 0.85 $ $ 40,818.70
7 Linear Root Barrier (20' length x 18" depth per tree) LF 660 11.50 $ $ 7,590.00 Sub-total $ 196,111
IRRIGATION
8 Shrub Bubbler Drip Irrigation Systems SF 1,845 6.00 $ 11,070.00 $ 9 12" Shrub Pop-Up Multi-Stream Irrigation System SF 46,177 3.00 $ 138,531.00 $ 10 6" Turf Pop-Up Rotor Irrigation System SF 98,913 3.00 $ 296,739.00 $ 11 Tree Bubbler - Root Watering System (2 per tree) EA 288 85.00 $ $ 24,480.00 12 96-Station 2-Wire ET Automatic Irrigation Controller EA 1 23,000.0 $ 0 $ 23,000.00 13 Reduced Pressure Backflow Preventer w/ Enclosure & Frost Blanket EA 1 8,400.00 $ $ 8,400.00 14 Normally Open Master Valve EA 1 3,125.00 $ $ 3,125.00 15 Double-Beam Ultrasonic Flow Sensor EA 1 2,500.00 $ $ 2,500.00 16 VFD Irrigation Booster Pump Assembly ALLOW 1 35,000.00 $ $ 35,000.00 Sub-total $ 542,845
PLANTING
17 15 Gal. & 24" Box Tree EA 144 500.00 $ $ 72,000.00
18 Sports Field Turf Seed Planting SF 98,913 0.29 $ $ 28,684.77 19 Non-Irrigated Native Hydroseed Grass Mix SF 40,960 0.29 $ $ 11,878.40 20 Shrub Planting Area SF 48,022 7.00 $ 336,154.00 $
Sub-total $ 448,717
HARDSCAPE
21 6" Thick Colored Concrete Paving SF 3,726 15.00 $ $ 55,890.00 22 6" Thick Natural Gray Concrete Paving SF 6,960 15.00 $ $ 104,400.00 23 Basketball Court Surface SF 3,632 4.50 $ $ 16,344.00 24 6" Natural Gray Concrete Mow Band LF 895 15.00 $ $ 13,425.00 25 Engineered Fiber Play Surface CY 338 16.00 $ $ 5,408.00 Sub-total $ 195,467
MOUNTAIN HOUSE DEVELOPERS, LLC
NEIGHBORHOOD 'I'
SCHEMATIC PHASE - LANDSCAPE COST OPINION
MOUNTAIN HOUSE, CALIFORNIA
November 21, 2025
NEIGHBORHOOD PARK
Neighborhood I - Neighborhood Park Page 1 of 2
Landscape Cost Estimate
11/21/2025
ATTACHMENT B-7
Item 7.10
Mountain House Page 334 of 545
SITE AMENITIES & FURNITURE
26 6' Steel Bench w/ Back & Armrests EA 8 4,000.00 $ $ 32,000.00 27 54" x 58" Steel Picnic Table EA 6 6,500.00 $ $ 39,000.00 28 64" x 57" ADA Picnic Table EA 6 7,200.00 $ $ 43,200.00 29 40-Gallon Steel Trash Receptacle EA 6 3,900.00 $ $ 23,400.00 30 Pet Waste Station EA 3 1,100.00 $ $ 3,300.00
31 Charcoal Pedestal Grill EA 4 650.00 $ $ 2,600.00
32 Steel Hot Coal Bin EA 2 1,100.00 $ $ 2,200.00
33 3' Steel Bollard Bike Rack EA 8 1,500.00 $ $ 12,000.00 34 ADA Accessible Drinking Fountain EA 1 16,000.00 $ $ 16,000.00 35 Shade Shelter ALLOW 1 100,000.00 $ $ 100,000.00
36 Restroom Building (Romtec) ALLOW 1 250,000.00 $ $ 250,000.00 37 Tot-Lot Play structures and signage ALLOW 1 200,000.00 $ $ 200,000.00 38 Park Hours Sign Post EA 3 2,000.00 $ $ 6,000.00
39 Wayfinding & Informational Signage EA 1 3,250.00 $ $ 3,250.00 40 Posts w/ Net & Grounding Sleeves (Volleyball) ALLOW 2 3,500.00 $ $ 7,000.00 41 Basketball Hoop and Backboard ALLOW 2 7,000.00 $ $ 14,000.00 Sub-total $ 753,950
TOTAL $ 2,292,590
GRAND TOTAL: $ 2,292,590
COST PER SQUARE FOOT $ 9.95
ITEMS NOT INCLUDED
1 Fees and Permits
2 Performance Bonds
3 90-Day Maintenance
4 PGE Contract Values, Allowances & Betterment
5 Temporary Power
6 Rough Grading
7 Wet Utilities (Water Line, Meter, Sewer)
8 Electrical Conduit, Service Cable, Pull boxes & Trenching 9 Park Trash Totters (per Waste Disposal Company)
10 Sidewalk
11 Curb & Gutter
12 ADA Ramps
13 Street Lights
14 Adjacent Open Space Park Areas
15 In-Tract Areas
NOTES
1 This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. vanderToolen Assocaites, Inc. makes no warranty, either expressed or implied, as to the accuracy of this estimate. 2 Costs presented herein represent an opinion based on historical data and current information shared by trade partners 3 4
SIGNATURE
11/21/25
Benjamin P. Green, PLA Date
Associate Principal
vanderToolen Associates, Inc.
Bond Estimate is based on the unapproved Neighborhood I Schematic Park Plans dated September 18, 2025.
Unit Legend: SF = Square Foot; LF = Linear Foot; CY = Cubic Yard; LS = Lump Sum; EA = Each; ALLOW = Allowance; Neighborhood I - Neighborhood Park Page 2 of 2
Landscape Cost Estimate
11/21/2025
ATTACHMENT B-7
Item 7.10
Mountain House Page 335 of 545
1 OIA-2025-16
OFFSITE IMPROVEMENT AGREEMENT
(Neighborhood I Tract 4194 Neighborhood Entry Landscape Improvements) (FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) “Future Neighborhood I Tract 4194 Neighborhood Entry Landscape Improvement Plans”, to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and
WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications ATTACHMENT B-8
Item 7.10
Mountain House Page 336 of 545
2 and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
ATTACHMENT B-8
Item 7.10
Mountain House Page 337 of 545
3 Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
ATTACHMENT B-8
Item 7.10
Mountain House Page 338 of 545
4 B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 83,000
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 83,000
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit A for Engineers Bond Estimates prepared by Carlson, Barbee and Gibson, Inc.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
ATTACHMENT B-8
Item 7.10
Mountain House Page 339 of 545
5 D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
ATTACHMENT B-8
Item 7.10
Mountain House Page 340 of 545
6 Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
ATTACHMENT B-8
Item 7.10
Mountain House Page 341 of 545
7 B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the ATTACHMENT B-8
Item 7.10
Mountain House Page 342 of 545
8 Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
Project shall be constructed on a prevailing wage as required by the State of California.
20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.
21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
ATTACHMENT B-8
Item 7.10
Mountain House Page 343 of 545
9 Notices required to be given to Subdivider shall be addressed as follows:
Mountain House Developers, LLC
230 S. Sterling Dr.
Suite 246
Mountain House, CA 95391
Attn: Pulvy Sandhu
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.
24. STREETLIGHTS
The Subdivider is installing specialized streetlights and poles in the Subdivision. For every 15 streetlights and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional streetlight and pole to the City. Streetlights shall be delivered to the City when requested anytime at or after acceptance of the improvements. This provision may be modified or waived if an alternate method of providing for spare street lights and poles is provided and approved by the City Manager.
25. STREET NAME SIGNS/IISNS
The Subdivider is installing specialized street signs and poles in the Subdivision. For every 10 street name signs and poles or fraction thereof installed by Subdivider, Subdivider shall provide one additional street pole and sign bracket and extension to the City. This provision may be modified or waived if an alternate method of providing for spare signs and poles is provided and approved by the City Manager.
26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.
27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.
ATTACHMENT B-8
Item 7.10
Mountain House Page 344 of 545
10 Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision.
28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT
The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.
The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.
29. LANDSCAPE PLANS
The Subdivider shall plan, design and install landscaping per the Conditions of Approval and the City Design Guidelines.
30. NEIGHBORHOOD I, PA-0600327, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood I, PA-0600327, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.
31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.
This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
32. INTENTIONALLY DELETED
City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:
By: _____________________________________
John Bakker, City Attorney
ATTACHMENT B-8
Item 7.10
Mountain House Page 345 of 545
11 Mountain House Developers LLC,
a Delaware limited liability company
BY: ________________________________
Name: Karnail Singh Sandhu
Its: Manager
Date: ______________________________
ATTACHMENT B-8
Item 7.10
Mountain House Page 346 of 545
ENGINEER'S BOND ESTIMATE November 19, 2025
TRACT 4194 ENTRY PORTAL AND LANDSCAPING Job No.: 0673-058 61 LOTS (45' x 100')
MOUNTAIN HOUSE - 'NEIGHBORHOOD I'
SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
MISCELLANEOUS
1 Neighborhood Entry Portal and Landscaping 1 EA 75,000.00 $ 75,000 Subtotal Miscellaneous $ 75,000
SUBTOTAL TRACT 4194 ENTRY PORTAL AND LANDSCAPING BOND AMOUNT $ 75,000 10% CONTINGENCY $ 7,500
TOTAL TRACT 4194 ENTRY PORTAL AND LANDSCAPING BOND AMOUNT $ 83,000 (to the nearest $1,000)
P:\0600 - 0799\673-058\Estimates\Bond\02_Tract 4194\2025.11.20 FOR BONDING\3. Bond Estimate - 4194 - Entry Portal - DRAFT.xlsx Page 1 of 1 ATTACHMENT B-8
Item 7.10
Mountain House Page 347 of 545
1 OIA-2025-18
OFFSITE IMPROVEMENT AGREEMENT
(Tract 4194 Greenway Loop Trail Improvements)
(FINAL MAP TRACT NO. 4194)
THIS OFFSITE IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 4194 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and Mountain House Developers, a Limited Liability Company, hereinafter referred to as “Subdivider.”
RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 4194, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood ‘I’.” WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan II, and the Conditions of Approval of Major Subdivision PA0600327, Specific Plan II portion of Neighborhood I.
WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) “Future Neighborhood I Tract 4194 Greenway Loop Trail Improvements” to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and
WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.
NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:
AGREEMENT
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications ATTACHMENT B-9
Item 7.10
Mountain House Page 348 of 545
2 and standards of the City, all of the following work and Improvements within the Subdivision, towit:
Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other improvements in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.
Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.
The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.
Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years.
The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.
The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.
4. TIME OF ESSENCE: EXTENSION
ATTACHMENT B-9
Item 7.10
Mountain House Page 349 of 545
3 Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A
ATTACHMENT B-9
Item 7.10
Mountain House Page 350 of 545
4 B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 1,576,295
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 1,576,295
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.
See Exhibit A for Engineers Bond Estimates prepared by vanderToolen Associates.
11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.
A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.
ATTACHMENT B-9
Item 7.10
Mountain House Page 351 of 545
5 D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.
12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.
The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.
The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.
The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.
The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:
A. Limit of Liability for Injury or Accidental Death
Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
ATTACHMENT B-9
Item 7.10
Mountain House Page 352 of 545
6 Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.
13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.
14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.
15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.
ATTACHMENT B-9
Item 7.10
Mountain House Page 353 of 545
7 B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:
Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.
Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.
16. INTENTIONALLY DELETED
17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.
Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.
18. SUBDIVIDER NOT AGENT TO THE CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated October 9, 2009.
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.