AGENDA
Wednesday, January 14, 2026 7:00 PM
Regular City Council
Mountain House Town Hall
251 East Main Street, Mountain House, CA 95391
CITY COUNCIL
ANDY SU
Mayor
BERNICE KING TINGLE
Vice Mayor
Council Members
MATT DISKO RONNA GREEN DANIEL HARRISON
ADMINISTRATION
STEVEN J. PINKERTON
City Manager
JOHN BAKKER
City Attorney
MARGARET WIMBERLY
City Clerk
CALL TO ORDER AND ROLL CALL
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
PUBLIC COMMENTS
Public comments are limited to three minutes per person, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda.
Under the Brown Act, Items brought up during public comment that are not on the agenda cannot be discussed or acted upon by the Council, however, items necessitating a response will be included in the next City Manager update and posted on the City’s website.
RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
Presentation by the San Joaquin County District Attorney to Rhonda Manning and her foundation, A Major Movement.
Youth Action Committee Update
Recognition of outgoing members of the Youth Advisory Council
1. 2.
3. 4.
5. 6.
6.1 6.2
6.3 Lammersville Unified School District Update
CITY COUNCIL CONSENT ITEMS
Consent agenda items (which may include Ordinances, Resolutions, Informational Reports, Approval Actions and Motions) will be acted upon by the City Council at one time without discussion. Any Council Member may request removal of an item from the consent calendar for discussion.
Approve Minutes of December 10, 2025 Page 5
Monthly Financial Report Page 12
Adopt a Resolution Approving a Budget Appropriation to Complete the CFF and TIF Update Under Agreement A-2425-42 with Harris & Associates
Staff recommends that the City Council adopt a resolution to:
Approve a budget appropriation in the amount of $63,472.75 to align previously authorized funds across fiscal years in order to complete the Community Facilities Fee (CFF) and Transportation Impact Fee (TIF) update currently underway under Agreement A-2425-42 with Harris & Associates.
1. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
2. This action does not amend the agreement, expand the scope of work, or increase the notto-exceed contract amount.
Annual Update on Transportation Impact and Annexation Fee Programs. Page 78 Receive and file this annual update on the Transportation Impact Fees and Annexation Programs as required by Resolution 2022-07, adopted on February 16, 2022.
Comparisons of Projected and Actual Fund Balances. Page 87 Staff requests that the City Council review the information presented by staff and accept and file the information .
Measure K Fund Non-Transit Purposes Auditors’ Report. Page 90 Recommendation:
Staff recommends that the City of Mountain House (City) City Council (Council) receive and file the Measure K Fund Non-Transit Purposes Auditors’ Report for the fiscal year ended June 30, 2025.
Authorize City Manager to Execute an Agreement with Lammersville Unified School District for Use of School Recreation Facilities
Staff recommends that the City Council authorize the City Manager to execute an agreement with Lammersville Unified School District (LUSD) for the use of school tennis court facilities through December 31, 2027.
6.4 7.
7.1 7.2
7.3 7.4
7.5 7.6
7.7 City Council Meeting Agenda Wednesday, January 14, 2026 Mountain House Page 2 of 404
Council Member Compensation Page 121
Staff recommends that the City Council waive the second full reading and adopt 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.
CITY COUNCIL POLICY AND ACTION ITEMS
Award Contract for Housing Element Update Page 126
Staff recommends that the City Council authorize the City Manager to execute a Consultant Agreement with PlaceWorks for preparation of the City of Mountain House Housing Element, as required by California Government Code Section 65580, in an amount not to exceed $134,433, with a contract term extending through December 31, 2027, and to take all actions necessary to carry out the intent of this action.
Update and Direction on Veterans Liberty Garden Project – Design Completion, Fundraising Status, and Authorization to Proceed with Bid Solicitation
Staff recommends that the City Council:
1. Receive an update on the Veterans Liberty Garden project, including current fundraising totals and remaining funding needs.
2. Provide direction to continue partnering with Mountain House Developers to complete final design, anticipated by February 2026.
3. Authorize the project team to proceed with soliciting construction bids for the Veterans Liberty Garden project once final design is complete.
4. Direct the project team to return to the City Council with a follow-up update following receipt of bids to present refined cost information, funding options, and any recommended scope adjustments.
No construction contract approval or funding commitment is requested at this time.
Direction on Economic Development Strategy Approach Page 270 Staff recommends that the City Council direct the City Manager to integrate economic development strategies into the City’s first comprehensive General Plan, supported by advisory services from Kosmont Companies, rather than initiating a standalone Economic Development Strategic Plan at this time.
Review 2026 City Council Meeting Dates Page 277
Review and approve amendments to the previously adopted 2026 City Council meeting
7.8 8.
8.1 8.2
8.3 8.4
City Council Meeting Agenda Wednesday, January 14, 2026 Mountain House Page 3 of 404
calendar by rescheduling or cancelling the following meeting dates due to newly identified scheduling conflicts.
CITY COUNCIL DISCUSSION ITEMS
2026 Drone Light Show – Vendor Selection, Event Date, Drone Count, and Venue Recommendation
Staff recommends that the City Council select a drone light show vendor for July 2026 and provide direction on the preferred event date, choosing between Wednesday, July 1, Friday, July 3, or Saturday, July 4. Council direction is also requested on the desired drone count. In addition, staff recommends Central Community Park as the preferred venue for the drone light show.
Aquifer Storage and Recovery Project Update Page 383
City Manager’s Update Page 386
FUTURE AGENDA ITEMS
Report of Future Agenda Items and Long-Range Calendar Page 397
COUNCIL COMMENTS
CITY ATTORNEY COMMENTS
CITY MANAGER COMMENTS
ADJOURNMENT
If you need disability-related modification or accommodation in order to participate in this meeting, please contact the City Clerk at (209) 831-5039 or at [email protected] at least 48 hours prior to the start of the meeting.
Government Code Section §54954.2 (a). Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in Town Hall located at 251 East Main Street during normal business hours.
POSTING STATEMENT: On January 9, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside Mountain House Town Hall, 251 East Main Street, Mountain House, CA 95391 and at our website www.mountainhouseca.gov.
9. 9.1
9.2 9.3
10. 10.1
11. 12.
13. 14.
City Council Meeting Agenda Wednesday, January 14, 2026 Mountain House Page 4 of 404
Present:
Andy Su, Mayor
Bernice King Tingle, Vice Mayor
Matt Disko, Council Member
Daniel Harrison, Council Member
Ronna Green, Council Member
CITY COUNCIL
MINUTES
Wednesday, December 10, 2025
1. CALL TO ORDER AND ROLL CALL
Mayor Su called the meeting to order at 7:05 p.m.
Roll call found Council Member Green, Harrison, and Mayor Su present in the Chambers. Council Members Disko and Tingle participated via teleconference.
2. MOMENT OF SILENCE
Mayor Su held a moment of silence.
3. PLEDGE OF ALLEGIANCE
Council Member Harrison led the pledge of allegiance.
4. APPROVAL OF AGENDA
It was moved/seconded by Harrison/Disko to approve the approve the consent calendar as presented by staff. Roll call vote found Council Members Disko, Green, Harrison, Vice Mayor Tingle and Mayor Su in favor. Motion carried unanimously.
5. PUBLIC COMMENTS
Rahsaan Dean, resident, spoke regarding an indicated with the Sheriff's Office and his son and requested it be reviewed.
Item 7.1
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6. RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
6.1 Youth Action Committee Update
A member of the Youth Action Committee provided an update to the City Council on the Youth Action Committee meeting.
6.2 Lammersville Unified School District Update
Stephanie Olsen provided an update on Lammersville Unified School District.
6.3 Update on EMS services from Jared Bagwell, San Joaquin County EMS Administrator
Jared Bagwell, County EMS Administrator, provided an update to the City Council.
6.4 Presentation from San Joaquin Council of Governments on their Unmet Transit Needs Survey
Joel G. Campos, Senior Regional Planner, San Joaquin Council of Governments, provided an presentation to the City Council.
6.5 Presentation on the Public Safety, and Monthly Report from Rank Security and Mountain House Police Services provided by San Joaquin County Sheriff’s Office, and Mountain House Fire Department and Emergency Medical Services (EMS) presented by French Camp Fire Department
6.5.1 Rank Security
Rex Osborn, Public Safety Consultant, presented the report to the City Council.
6.5.2 Police Services provided by San Joaquin County Sheriff’s Office Lieutenant Armando Izaguirre, San Joaquin County Sheriff’s Office, provided an update to the City Council.
6.5.3 Mountain House Fire Department
Chief Marty Cornilsen provided an update to the City Council.
7. CITY COUNCIL CONSENT ITEMS
Prior to the motion Council Member Green read a statement regarding item 7.4 and Vice Mayor Tingle requested amendments to 7.8 in the future in the event someone didn't want to serve as Item 7.1
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Vice Mayor.
Motion: Council Member Green
Second: Council Member Harrison
It was moved/seconded by Green/Harrison to approve the consent calendar as recommend by staff. Roll call vote found Council Members Disko, Green, Harrison, Vice Mayor Tingle and Mayor Su in favor. Motion carried unanimously.
Vote: Carried
7.1 Approval of the Minutes of November 12, 2025.
7.2 List of Contracts signed under the City Manager Signature Authority
7.3 Adopting by Reference the 2025 Edition of the California Building Standards Code (California Code of Regulations, Title 24), Including Local Amendments, and Updating the Building Permit Fee Schedule for Fiscal Year 2025–2026 Staff recommends that the City Council introduce the ordinance and waive the reading by title only, amending Title 8 (Building Regulations), Division 1 (Building Standards), Chapter 1 (General Regulations) of the Mountain House Municipal Code and adopting by reference the 2025 Edition of the California Building Standards Code, with amendments, and updating the Building Permit Fee Schedule.
The ordinance will return for a noticed public hearing and second reading at the January 14, 2026 City Council meeting.
7.4 Approval of the Agreement in Principle with the California Department of Water Resources for the Community Benefits Program and Affirmation of the City’s Neutral Position Regarding the Delta Conveyance Project It is recommended that the City Council adopt a Resolution:
1. Approving the Agreement in Principle (AIP) between the City of Mountain House and the California Department of Water Resources (DWR) for participation in the Delta Conveyance Project Community Benefits Program.
2. Affirming that execution of the AIP does not indicate support, endorsement, or opposition to the Delta Conveyance Project.
3. Authorizing the City Manager, or designee, to execute the AIP and any related documents necessary to carry out the intent of this Resolution.
7.5 Approve Agreement with Verra Mobility for Automated Red-Light Photo Enforcement Services
Staff recommends that the City Council adopt a resolution:
1. Authorizing the City Manager, or designee, to execute the Photo Enforcement Item 7.1
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Services Agreement with Verra Mobility and complete all related contract documents required for implementation of the Automated Red-Light Photo Enforcement Program.
2. Authorizing the City Manager, or designee, to approve final red-light camera installation locations following completion of engineering evaluations and datadriven assessments.
3. Approving the proposed corridors and arterial roadways as eligible for future redlight camera installations, including Mountain House Parkway, Grant Line Road, Great Valley Parkway, Central Parkway, Byron Road, and other signalized or plannedsignal locations identified through engineering analysis.
7.6 Regional Housing Needs Allocation Transfer
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.
7.7 Resolution to Accept and File the Annual Report on Receipt and Use of Development Impact Fees for the Fiscal Year Ended June 30, 2025 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.
7.8 Appointment of a Vice Mayor
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.
7.9 Council Member Compensation
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.
7.10 Adopt a Resolution Approving the Final Map for Mountain House Neighborhood I (Tract 4194)
Staff recommends that the City Council adopt a resolution to:
1. Approve the Final Map for Mountain House Neighborhood I (Tract No. 4194).
Item 7.1
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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 recommend 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.
8. CITY COUNCIL POLICY AND ACTION ITEMS
8.1 Receive and File the Audited Financial Report for the Fiscal Year Ended June 30, 2025
Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed.
The City Council receive and file the audited financial statements for the fiscal year ended June 30, 2025.
8.2 Adopt Resolution Approving the Parks and Recreation Department Sponsorship, Donation and Advertising Policy
Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed. tingle/green Motion: Vice Mayor Tingle
Second: Council Member Green
Adopted a resolution approving the Sponsorship, Donation and Advertising Policy establishing formal guidelines for the solicitation, acceptance, recognition, and management of sponsorships, donations, and advertising within the City of Mountain House Parks and Recreation Department.
For (5): Mayor Su, Vice Mayor Tingle, Council Member Disko, Council Member Harrison, and Council Member Green
Vote: Carried (5 to 0)
8.3 Approve 2026-2027 City-Sponsored Special Events Calendar and Provide Feedback on Amphitheater Production Strategy
Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed.
Motion: Vice Mayor Tingle
Item 7.1
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Second: Council Member Green
Staff recommends that the City Council:
1. Approve the Fiscal Year 2026–2027 Special Event Calendar to include Summer Friday Event Series, large-scale community events, and multi-department collaborated events.
For (5): Mayor Su, Vice Mayor Tingle, Council Member Disko, Council Member Harrison, and Council Member Green
Vote: Carried (5 to 0)
8.4 Set Regular Meeting Dates for 2026
Motion: Council Member Harrison
Second: Council Member Disko
The City Council discussed the proposed regular meeting dates and adopted a Resolution approving the 2026 regular City Council meeting schedule, with adjustments to the scheduling as follows: Setting meeting dates for February 10th, March 9th, April 29th, May 14th, and November 18th.
For (5): Mayor Su, Vice Mayor Tingle, Council Member Disko, Council Member Harrison, and Council Member Green
Vote: Carried (5 to 0)
9. CITY COUNCIL DISCUSSION ITEMS
9.1 City Manager’s Update
Steven J. Pinkerton, City Manager, provided an update to the City Council.
10. FUTURE AGENDA ITEMS
10.1 Report of Future Agenda Items and Long-Range Calendar Steven J. Pinkerton, City Manager, provided an overview of the Long Range Calendar.
11. COUNCIL COMMENTS
The members of the City Council thanked staff for their work throughout the year.
12. CITY ATTORNEY COMMENTS
None.
Item 7.1
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13. CITY MANAGER COMMENTS
None.
14. ADJOURNMENT
Mayor Su adjourned the meeting at 9:20 p.m.
Item 7.1
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City of Mountain House
Monthly Financial Report
October 2025
Item 7.2
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City of Mountain House
Pooled Cash Report
October 31, 2025
CURRENT
BALANCE
General Funds
Fund 101 - GENERAL FUND $ 48,276,527
Fund 102 - TIF ADMIN FEES
Fund 103 - CFF ADMIN FEES
Total General Funds $ 51,046,222
Special Revenue Funds
Fund: 104 - BUILDERS
Total Special Revenue Funds 1,315,597
Special Assessment Funds
Fund: 201 - SPECIAL TAX NO. 1: ROADS, ETC
Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY
Fund: 203 - SPECIAL TAX NO. 3: PARKS, LIBRARIES, COMMUNITY FACILITIES Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS
Total Special Assessment Funds (108,969)
Restricted Funds
Fund: 301 - TIF IMPACT FEES
Fund: 302 - CFF IMPACT FEES
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT - 2016
Fund: 304 - LANDSCAPE & LIGHTING DISTRICT - 2008
Fund: 305 - LANDSCAPE & LIGHTING DISTRICT - ZONE 3
Fund 310 - MEASURE K
Fund 311 - GAS TAX
Fund 320 - AFFORDABLE HOUSING FEE
Fund 351 - CFD IMPROVEMENT AREA NO 1
Fund 352 - CFD IMPROVEMENT AREA NO 6
Fund 353 - CFD IMPROVEMENT AREA NO 7
Fund 354 - CFD IMPROVEMENT AREA NO 8
Fund 355 - CFD IMPROVEMENT AREA NO 9
Total Impact Fee Funds 52,134,958
Enterprise Funds
WATER OPERATIONS 4,879,604
WASTEWATER OPERATIONS 8,814,685
STORM OPERATIONS 7,915,003
Total Enterprise Funds 21,609,293
Developer Funds 5,762,156
Capital Projects Fund 12,765,059
$ 144,524,316
1,953
26,983
205,656
1,529,737
11,319,026
50,000
3,000
3,000
665,197
11,478,110
24,661,542
221,475
786,144
1,848,331
1,379,282
1,390,413
1,315,597
1,154,291
(1,428,918)
(499,539)
Item 7.2
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City of Mountain House Months to date 4
Budget Report as of October 31, 2025 % of year to date 33% Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
GENERAL FUNDS
Fund: 101 - GENERAL FUND
Revenue 13,521,082 13,521,082 1,743,706 - 1,743,706 (11,777,376) 13% Expense 14,434,332 14,434,332 1,293,987 1,172,563 2,466,551 11,967,781 17% (913,250) (913,250) 449,718 (1,172,563) (722,845) 190,405 Fund: 102 - TIF ADMIN
Revenue 187,704 187,704 20,506 - 20,506 (167,198) 11%
Expense 60,000 60,000 998 17,812 18,810 41,190 31%
127,704 127,704 19,509 (17,812) 1,696 (126,008)
Fund: 103 - CFF ADMIN
Revenue 224,907 224,907 19,896 - 19,896 (205,011) 9%
Expense 50,000 50,000 998 6,312 7,310 42,690 15%
174,907 174,907 18,899 (6,312) 12,586 (162,321)
TOTAL GENERAL FUNDS
Revenue 13,933,693 13,933,693 1,784,108 - 1,784,108 (12,149,585) 13% Expense 14,544,332 14,544,332 1,295,982 1,196,688 2,492,671 12,051,661 17% (610,639) (610,639) 488,125 (1,196,688) (708,563) (24,201,247)
SPECIAL REVENUE FUNDS
Fund 104 - DEVELOPMENT SERVICES
Revenue 4,852,385 4,852,385 540,092 - 540,092 (4,312,293) 11% Expense 4,250,685 4,250,685 297,087 1,372,913 1,670,000 2,580,685 39% 601,700 601,700 243,005 (1,372,913) (1,129,908) (1,731,608)
TOTAL SPECIAL REVENUE FUNDS
Revenue 4,852,385 4,852,385 540,092 - 540,092 (4,312,293) 0 Expense 4,250,685 4,250,685 297,087 1,372,913 1,670,000 2,580,685 0 601,700 601,700 243,005 (1,372,913) (1,129,908) (6,892,978)
SPECIAL ASSESSMENT FUNDS
Fund: 201 - SPECIAL TAX NO. 1: ROADS
Revenue 18,317,744 18,317,744 - - - (18,317,744) 0%
Expense 18,897,744 18,897,744 819,535 1,819,851 2,639,385 16,258,359 14% (580,000) (580,000) (819,535) (1,819,851) (2,639,385) (2,059,385) Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY SERVICES
Revenue 10,324,226 10,324,226 - - - (10,324,226) 0%
Expense 10,324,226 10,324,226 2,393,013 4,780,261 7,173,274 3,150,952 69% - - (2,393,013) (4,780,261) (7,173,274) (7,173,274)
Fund: 203 - SPECIAL TAX NO. 3: PARKS
Revenue 6,100,402 6,100,402 300 (46,316) (46,016) (6,146,418) -1% Expense 5,880,902 6,050,402 532,190 999,078 1,531,268 4,519,134 25% 219,500 50,000 (531,890) (999,078) (1,577,284) (1,627,284) Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS
Revenue 2,203,412 2,203,412 - - - (2,203,412) 0%
Expense 2,332,412 2,332,412 171,339 166,144 337,483 1,994,929 14% (129,000) (129,000) (171,339) (166,144) (337,483) (208,483)
TOTAL SPECIAL ASSESSMENT FUNDS
Revenue 36,945,784 36,945,784 300 (46,316) (46,016) (36,991,800) 0% Expense 37,435,284 37,604,784 3,916,076 7,765,334 11,681,410 25,923,374 31% (489,500) (659,000) (3,915,776) (7,811,651) (11,727,427) (11,068,427)
RESTRICTED FUNDS
Fund: 300 - RTIF
Revenue 167,885 - 167,885 167,885
Expense - - - -
- - 167,885 - 167,885 167,885
Item 7.2
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City of Mountain House Months to date 4
Budget Report as of October 31, 2025 % of year to date 33% Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 301 - TRAFFIC IMPACT FEES
Revenue 6,169,000 6,169,000 662,702 - 662,702 (5,506,298) 11% Expense 6,074,000 6,074,000 1,734,787 - 1,734,787 4,339,213 29% 95,000 95,000 (1,072,085) - (1,072,085) (1,167,085)
Fund: 302 - COMMUNITY FACILITIES FEES
Revenue 7,371,949 7,371,949 643,108 - 643,108 (6,728,841) 9% Expense 13,954,033 13,954,033 7,290,970 - 7,290,970 6,663,063 52% (6,582,084) (6,582,084) (6,647,862) - (6,647,862) (65,778) Fund: 303 - LANDSCAPE & LIGHTING DISTRICT 2016
Revenue 41,000 41,000 - - - (41,000) 0%
Expense 27,800 27,800 3,644 4,667 8,311 19,489 30%
13,200 13,200 (3,644) (4,667) (8,311) (21,511)
Fund: 304 - LANDSCAPE & LIGHTING DISTRICT 2008
Revenue 60,000 60,000 - - - (60,000) 0%
Expense 32,900 32,900 1,689 12,802 14,491 18,409 44%
27,100 27,100 (1,689) (12,802) (14,491) (41,591)
Fund: 305 - LANDSCAPE & LIGHTING DISTRICT ZONE 3
Revenue 370,000 370,000 - - - (370,000) 0%
Expense 190,000 190,000 5,163 81,677 86,841 103,159 46% 180,000 180,000 (5,163) (81,677) (86,841) (266,841)
Fund: 310 - MEASURE K
Revenue 600,000 600,000 173,658 - 173,658 (426,342) 29% Expense 600,000 600,000 - - - 600,000
- - 173,658 - 173,658 173,658
Fund: 311 - GAS TAX
Revenue 107,300 107,300 409,571 409,571 302,271 382%
Expense - - - -
107,300 107,300 409,571 - 409,571 302,271
Fund: 320 - AFFORDABLE HOUSING FEE
Revenue - - 159,402 159,402 159,402
Expense - - - -
- - 159,402 - 159,402 159,402
Fund: 351 - CFD IMPROVEMENT AREA NO 1
Revenue - - - -
Expense - - - 30,000 30,000 (30,000)
- - - (30,000) (30,000) (30,000)
TOTAL RESTRICTED FUNDS
Revenue 14,719,249 14,719,249 2,048,441 - 2,048,441 (12,670,808) 14% Expense 20,878,733 20,878,733 9,036,253 129,147 9,165,399 11,713,334 44% (6,159,484) (6,159,484) (6,987,812) (129,147) (7,116,958) (957,474)
ENTERPRISE FUNDS
Fund: 501 - WATER OPERATIONS
Revenue 8,054,975 8,054,975 1,146,727 - 3,796,226 - 47% Expense 8,054,975 8,854,975 1,448,805 2,669,826 2,164,488 668,471 24% - (800,000) (302,078) (2,669,826) 1,631,737 668,471
Fund: 502 - WATER CAPITAL PROJECTS
Revenue 1,600,000 1,600,000 - - - - 0%
Expense 1,600,000 800,000 40,884 3,850,000 127,103 76,960 16% - 800,000 (40,884) (3,850,000) (127,103) 76,960
Fund: 503 - WATER PLEDGED FACILITY
Revenue 6,338,452 6,338,452 896,835 - 2,923,286 - 46%
Expense 6,283,452 6,283,452 19,798 5,900 2,811,933 - 45% 55,000 55,000 877,037 - 111,353 -
Fund: 504 - WATER DEBT SERVICE
Revenue - 2,757,134 -
Expense 55,000 55,000 1,626,360 -
(55,000) (55,000) - - 1,130,774 -
Fund: 521 - WASTEWATER OPERATIONS
Revenue 4,171,729 4,171,729 634,975 - 634,975 (3,536,754) 15% Expense 4,105,046 4,105,046 806,702 974,206 1,780,908 2,324,138 43% 66,683 66,683 (171,728) (974,206) (1,145,933) (1,212,616) Item 7.2
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City of Mountain House Months to date 4
Budget Report as of October 31, 2025 % of year to date 33% Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 522 - WASTEWATER CAPITAL PROJECTS
Revenue - - -
Expense - 54,554 54,554 (54,554)
- - (54,554) - (54,554) (54,554)
. .
Fund: 523 - WASTEWATER PLEDGED FACILITY
Revenue 4,849,286 4,849,286 695,829 - 695,829 (4,153,457) 14% Expense 4,841,286 4,841,286 16,609 5,800 22,409 4,818,877 0% 8,000 8,000 679,220 (5,800) 673,420 665,420
Fund: 524 - WASTEWATER DEBT SERVICE
Revenue - - -
Expense 8,000 8,000 - 8,000
(8,000) (8,000) - - 8,000
Fund: 541 - STORM OPERATIONS
Revenue 1,046,074 1,046,074 166,036 - 166,036 (880,038) 16% Expense 1,099,528 1,099,528 51,328 138,266 189,594 909,934 17% (53,454) (53,454) 114,709 (138,266) (23,558) 29,896
Fund: 542 - STORMWATER CAPITAL PROJECTS
Revenue - - -
Expense - - -
- - - - - -
Fund: 543 - STORM PLEDGED FACILITY
Revenue 1,668,520 1,668,520 240,709 - 240,709 (1,427,811) 14% Expense 1,645,520 1,645,520 7,450 5,800 13,250 1,632,270 1% 23,000 23,000 233,259 (5,800) 227,459 204,459
Fund: 544 - STORM DEBT SERVICE
Revenue - - -
Expense 8,000 8,000 - 8,000
(8,000) (8,000) - - 8,000
TOTAL ENTERPRISE FUNDS
Revenue 27,729,036 27,729,036 3,781,110 - 11,214,195 (9,998,060) 40% Expense 27,700,807 27,700,807 2,446,130 7,649,798 8,790,599 10,392,096 32% 28,229 28,229 1,334,981 (7,643,898) 2,423,596 (20,390,156)
CAPITAL PROJECTS
Revenue 7,175,444 7,175,444 - - - (7,175,444) 0%
Expense 7,175,444 7,175,444 158,341 2,325,828 2,484,169 4,691,275 35% - - (158,341) (2,325,828) (2,484,169) (2,484,169)
105,355,591 105,355,591 8,154,051 (46,316) 15,540,820 (83,297,991) 15% 111,985,285 112,154,785 17,149,869 20,439,707 36,284,248 67,352,425 32% (6,629,694) (6,799,194) (8,995,818) (20,486,023) (20,743,428) (15,945,565) Item 7.2
Mountain House Page 16 of 404
City of Mountain House
Monthly Financial Report
November 2025
Item 7.2
Mountain House Page 17 of 404
City of Mountain House
Pooled Cash Report
November 30, 2025
CURRENT
BALANCE
General Funds
Fund 101 - GENERAL FUND $ 48,725,172
Fund 102 - TIF ADMIN FEES 1,376,276
Fund 103 - CFF ADMIN FEES 1,388,244
Total General Funds $ 51,489,692
Special Revenue Funds
Fund: 104 - BUILDERS
Total Special Revenue Funds 1,299,870
Special Assessment Funds
Fund: 201 - SPECIAL TAX NO. 1: ROADS, ETC 1,143,465
Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY (2,842,477) Fund: 203 - SPECIAL TAX NO. 3: PARKS, LIBRARIES, COMMUNITY FACILITIES (664,856) Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS 612,065
Total Special Assessment Funds (1,751,803)
Restricted Funds
Fund: 301 - TIF IMPACT FEES 11,506,841
Fund: 302 - CFF IMPACT FEES 24,665,018
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT - 2016 221,475 Fund: 304 - LANDSCAPE & LIGHTING DISTRICT - 2008 783,812 Fund: 305 - LANDSCAPE & LIGHTING DISTRICT - ZONE 3 1,827,383 Fund 310 - MEASURE K 205,656
Fund 311 - GAS TAX 1,618,598
Fund 320 - AFFORDABLE HOUSING FEE 11,319,026
Fund 351 - CFD IMPROVEMENT AREA NO 1 50,000
Fund 352 - CFD IMPROVEMENT AREA NO 6 3,000
Fund 353 - CFD IMPROVEMENT AREA NO 7 3,000
Fund 354 - CFD IMPROVEMENT AREA NO 8 1,953
Fund 355 - CFD IMPROVEMENT AREA NO 9 26,983
Total Impact Fee Funds 52,232,745
Enterprise Funds
WATER OPERATIONS 5,423,764
WASTEWATER OPERATIONS 9,088,762
STORM OPERATIONS 8,024,686
Total Enterprise Funds 22,537,212
Developer Funds 7,494,099
Capital Projects Fund 12,764,808
$ 146,066,623
1,299,870
Item 7.2
Mountain House Page 18 of 404
City of Mountain House Months to date 5
Budget Report as of November 30, 2025 % of year to date 42% Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
GENERAL FUNDS
Fund: 101 - GENERAL FUND
Revenue 13,521,082 13,521,082 1,930,478 - 1,930,478 (11,590,604) 14% Expense 14,434,332 14,434,332 1,461,916 1,091,691 2,553,607 11,880,725 18% (913,250) (913,250) 468,562 (1,091,691) (623,129) 290,121 Fund: 102 - TIF ADMIN
Revenue 187,704 187,704 20,776 - 20,776 (166,928) 11%
Expense 60,000 60,000 4,274 15,536 19,810 40,190 33%
127,704 127,704 16,502 (15,536) 966 (126,738)
Fund: 103 - CFF ADMIN
Revenue 224,907 224,907 20,003 - 20,003 (204,904) 9%
Expense 50,000 50,000 3,274 4,036 7,310 42,690 15%
174,907 174,907 16,729 (4,036) 12,693 (162,214)
TOTAL GENERAL FUNDS
Revenue 13,933,693 13,933,693 1,971,257 - 1,971,257 (11,962,436) 14% Expense 14,544,332 14,544,332 1,469,464 1,111,263 2,580,727 11,963,605 18% (610,639) (610,639) 501,793 (1,111,263) (609,470) (23,926,041)
SPECIAL REVENUE FUNDS
Fund 104 - DEVELOPMENT SERVICES
Revenue 4,852,385 4,852,385 610,679 - 610,679 (4,241,706) 13% Expense 4,250,685 4,250,685 397,256 1,278,310 1,675,566 2,575,119 39% 601,700 601,700 213,423 (1,278,310) (1,064,887) (1,666,587)
TOTAL SPECIAL REVENUE FUNDS
Revenue 4,852,385 4,852,385 610,679 - 610,679 (4,241,706) 0 Expense 4,250,685 4,250,685 397,256 1,278,310 1,675,566 2,575,119 0 601,700 601,700 213,423 (1,278,310) (1,064,887) (6,816,825)
SPECIAL ASSESSMENT FUNDS
Fund: 201 - SPECIAL TAX NO. 1: ROADS
Revenue 18,317,744 18,317,744 - - - (18,317,744) 0%
Expense 18,897,744 18,897,744 828,735 1,814,430 2,643,166 16,254,578 14% (580,000) (580,000) (828,735) (1,814,430) (2,643,166) (2,063,166) Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY SERVICES
Revenue 10,324,226 10,324,226 - - - (10,324,226) 0%
Expense 10,324,226 10,324,226 2,847,121 4,361,895 7,209,015 3,115,211 70% - - (2,847,121) (4,361,895) (7,209,015) (7,209,015)
Fund: 203 - SPECIAL TAX NO. 3: PARKS
Revenue 6,100,402 6,100,402 1,318 (46,316) (44,998) (6,145,400) -1% Expense 5,880,902 6,050,402 682,644 959,655 1,642,300 4,408,102 27% 219,500 50,000 (681,326) (959,655) (1,687,298) (1,737,298) Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS
Revenue 2,203,412 2,203,412 - - - (2,203,412) 0%
Expense 2,332,412 2,332,412 221,210 141,553 362,764 1,969,648 16% (129,000) (129,000) (221,210) (141,553) (362,764) (233,764)
TOTAL SPECIAL ASSESSMENT FUNDS
Revenue 36,945,784 36,945,784 1,318 (46,316) (44,998) (36,990,782) 0% Expense 37,435,284 37,604,784 4,579,711 7,277,534 11,857,245 25,747,539 32% (489,500) (659,000) (4,578,393) (7,323,850) (11,902,243) (11,243,243)
RESTRICTED FUNDS
Fund: 300 - RTIF
Revenue 167,885 167,885 167,885
Expense - -
- - 167,885 - 167,885 167,885
Item 7.2
Mountain House Page 19 of 404
City of Mountain House Months to date 5
Budget Report as of November 30, 2025 % of year to date 42% Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 301 - TRAFFIC IMPACT FEES
Revenue 6,169,000 6,169,000 671,433 - 671,433 (5,497,567) 11% Expense 6,074,000 6,074,000 1,734,787 - 1,734,787 4,339,213 29% 95,000 95,000 (1,063,354) - (1,063,354) (1,158,354)
Fund: 302 - COMMUNITY FACILITIES FEES
Revenue 7,371,949 7,371,949 646,584 - 646,584 (6,725,365) 9% Expense 13,954,033 13,954,033 7,290,970 - 7,290,970 6,663,063 52% (6,582,084) (6,582,084) (6,644,386) - (6,644,386) (62,302) Fund: 303 - LANDSCAPE & LIGHTING DISTRICT 2016
Revenue 41,000 41,000 - - - (41,000) 0%
Expense 27,800 27,800 3,644 4,667 8,311 19,489 30%
13,200 13,200 (3,644) (4,667) (8,311) (21,511)
Fund: 304 - LANDSCAPE & LIGHTING DISTRICT 2008
Revenue 60,000 60,000 - - - (60,000) 0%
Expense 32,900 32,900 4,021 10,471 14,491 18,409 44%
27,100 27,100 (4,021) (10,471) (14,491) (41,591)
Fund: 305 - LANDSCAPE & LIGHTING DISTRICT ZONE 3
Revenue 370,000 370,000 - - - (370,000) 0%
Expense 190,000 190,000 26,112 60,728 86,841 103,159 46% 180,000 180,000 (26,112) (60,728) (86,841) (266,841)
Fund: 310 - MEASURE K
Revenue 600,000 600,000 173,658 - 173,658 (426,342) 29% Expense 600,000 600,000 - - - 600,000
- - 173,658 - 173,658 173,658
Fund: 311 - GAS TAX
Revenue 107,300 107,300 498,432 498,432 391,132 465%
Expense - - - -
107,300 107,300 498,432 - 498,432 391,132
Fund: 320 - AFFORDABLE HOUSING FEE
Revenue - - 159,402 159,402 159,402
Expense - - - -
- - 159,402 - 159,402 159,402
Fund: 351 - CFD IMPROVEMENT AREA NO 1
Revenue - - - -
Expense - - - 30,000 30,000 (30,000)
- - - (30,000) (30,000) (30,000)
TOTAL RESTRICTED FUNDS
Revenue 14,719,249 14,719,249 2,149,509 - 2,149,509 (12,569,740) 15% Expense 20,878,733 20,878,733 9,059,533 105,866 9,165,399 11,713,334 44% (6,159,484) (6,159,484) (6,910,024) (105,866) (7,015,890) (856,406)
ENTERPRISE FUNDS
Fund: 501 - WATER OPERATIONS
Revenue 8,054,975 8,054,975 1,157,171 - 3,796,226 - 47% Expense 8,054,975 8,854,975 1,795,186 2,469,326 2,164,488 668,471 24% - (800,000) (638,015) (2,469,326) 1,631,737 668,471
Fund: 502 - WATER CAPITAL PROJECTS
Revenue 1,600,000 1,600,000 - - - - 0%
Expense 1,600,000 7,635,514 72,105 3,818,778 127,103 76,960 2% - (6,035,514) (72,105) (3,818,778) (127,103) 76,960
Fund: 503 - WATER PLEDGED FACILITY
Revenue 6,338,452 6,338,452 924,775 - 2,923,286 - 46%
Expense 6,283,452 6,283,452 21,465 5,900 2,811,933 - 45% 55,000 55,000 903,310 - 111,353 -
Fund: 504 - WATER DEBT SERVICE
Revenue - 2,757,134 -
Expense 55,000 55,000 1,626,360 -
(55,000) (55,000) - - 1,130,774 -
Fund: 521 - WASTEWATER OPERATIONS
Revenue 4,171,729 4,171,729 634,975 - 634,975 (3,536,754) 15% Expense 4,105,046 4,105,046 1,015,152 811,571 1,826,724 2,278,322 44% 66,683 66,683 (380,177) (811,571) (1,191,749) (1,258,432) Item 7.2
Mountain House Page 20 of 404
City of Mountain House Months to date 5
Budget Report as of November 30, 2025 % of year to date 42% Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 522 - WASTEWATER CAPITAL PROJECTS
Revenue - - -
Expense - 54,554 - 54,554 (54,554)
- - (54,554) - (54,554) (54,554)
. .
Fund: 523 - WASTEWATER PLEDGED FACILITY
Revenue 4,849,286 4,849,286 695,829 - 695,829 (4,153,457) 14% Expense 4,841,286 4,841,286 18,276 5,800 24,076 4,817,210 0% 8,000 8,000 677,553 (5,800) 671,753 663,753
Fund: 524 - WASTEWATER DEBT SERVICE
Revenue - - -
Expense 8,000 8,000 - 8,000
(8,000) (8,000) - - 8,000
Fund: 541 - STORM OPERATIONS
Revenue 1,046,074 1,046,074 166,036 - 166,036 (880,038) 16% Expense 1,099,528 1,099,528 61,517 128,108 189,626 909,902 17% (53,454) (53,454) 104,519 (128,108) (23,589) 29,865
Fund: 542 - STORMWATER CAPITAL PROJECTS
Revenue - - -
Expense - - -
- - - - - -
Fund: 543 - STORM PLEDGED FACILITY
Revenue 1,668,520 1,668,520 240,709 - 240,709 (1,427,811) 14% Expense 1,645,520 1,645,520 9,116 5,800 14,916 1,630,604 1% 23,000 23,000 231,593 (5,800) 225,793 202,793
Fund: 544 - STORM DEBT SERVICE
Revenue - - -
Expense 8,000 8,000 - 8,000
(8,000) (8,000) - - 8,000
TOTAL ENTERPRISE FUNDS
Revenue 27,729,036 27,729,036 3,819,495 - 11,214,195 (9,998,060) 40% Expense 27,700,807 34,536,321 3,047,372 7,245,284 8,839,780 10,342,916 26% 28,229 (6,807,285) 772,123 (7,239,384) 2,374,416 (20,340,976)
CAPITAL PROJECTS
Revenue 7,175,444 7,175,444 - - - (7,175,444) 0%
Expense 7,175,444 7,175,444 158,592 2,325,828 2,484,419 4,691,025 35% - - (158,592) (2,325,828) (2,484,419) (2,484,419)
105,355,591 105,355,591 8,552,258 (46,316) 15,900,642 (82,938,168) 15% 111,985,285 118,990,299 18,711,927 19,344,085 36,603,136 67,033,538 31% (6,629,694) (13,634,708) (10,159,669) (19,390,401) (20,702,494) (15,904,631) Item 7.2
Mountain House Page 21 of 404
TITLE: Adopt a Resolution Approving a Budget Appropriation to Complete the CFF and TIF Update Under Agreement A-2425-42 with Harris & Associates MEETING DATE: January 14, 2026
PREPARED BY: Rochelle Henson, Principal Planner
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to:
1. Approve a budget appropriation in the amount of $63,472.75 to align previously authorized funds across fiscal years in order to complete the Community Facilities Fee (CFF) and Transportation Impact Fee (TIF) update currently underway under Agreement A-2425-42 with Harris & Associates.
2. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
This action does not amend the agreement, expand the scope of work, or increase the not-to-exceed contract amount.
BACKGROUND
On November 12, 2024, the City Council approved Agreement A-2425-42 with Harris & Associates (Attachment A) for on-call planning and engineering support services, including development impact fee updates, AB 1600 reporting, annexation support, and related tasks. The agreement was awarded following a Request for Proposals process and has a not-to-exceed amount of $349,967.72 for the initial term through June 30, 2028.
One of the approved tasks under this agreement includes preparation of updates to the City’s CFF and TIF programs. These impact fees are used to ensure that new development contributes its fair share toward infrastructure needed to serve growth.
Under a March 14, 2019 agreement with Trimark Communities, LLC, the CFF and TIF programs are required to be updated no less than every other year based on certified infrastructure costs. The most recent comprehensive update was completed in 2023, and the next update was initiated in 2025.
However, the study was not completed in Fiscal Year 2024-25 as originally anticipated. The work is ongoing and is anticipated to be completed and brought to the City Council for adoption in the spring of 2026.
Item 7.3
Mountain House Page 22 of 404
DISCUSSION
The CFF and TIF update currently in progress was budgeted in Fiscal Year 2024-25 and is included within the approved scope of Agreement A-2425-42. While work commenced as anticipated, the study was not completed by the end of the fiscal year due to the complexity of infrastructure cost certification and ongoing coordination.
As a result, a portion of the previously budgeted funds was not expended and did not automatically carry forward into Fiscal Year 2025-26. The requested Council action allows staff to align the budget with the current fiscal year so that the already-authorized work can be completed and brought back to the City Council for consideration in spring 2026.
The recommended budget appropriation (Exhibit 1 to the Proposed Resolution – Attachment B) does not represent new funding, does not increase the not-to-exceed amount of Agreement A-2425-42 with Harris & Associates, and does not create any new contractual obligations.
The requested budget appropriation amount is entirely within the original contract authority approved by the City Council and represents a purely administrative budget action to ensure continuity of work across fiscal years.
FISCAL IMPACT
This item represents a re-appropriation of previously approved funds between fiscal years.
The requested appropriation of $63,472.75 represents previously approved Fiscal Year 2024-25 budgeted funds that were not expended solely due to timing and completion of the CFF and TIF update extending into Fiscal Year 2025-26. This action re-appropriates those funds into the current fiscal year so the City can complete work that was already authorized and is currently underway.
The requested appropriation is as follows:
Account Name Account Number Amount Requested
Transportation Impact Admin Fee (TIF) 102-1420-6500 $ 35,736.38 Community Facilities Impact Admin Fee (CFF) 103-1420-6500 $ 27,736.37 Total $ 63,472.75
No additional City funds are being requested, and no new contractual obligations are created by this action.
Item 7.3
Mountain House Page 23 of 404
STRATEGIC PLAN
The City Council adopted the Strategic Plan on April 9, 2025. Approval of this budget alignment supports the City’s Strategic Plan objectives by enabling completion of required impact fee updates that support infrastructure planning, growth management, and collaboration with the development community.
CEQA
Not applicable.
ACTION FOLLOWING CITY COUNCIL APPROVAL
Upon Council approval, staff will process the budget appropriation in Funds 102 and 103 for Fiscal Year 2025-26 to allow completion of the CFF and TIF update currently underway under Agreement A-2425-42 with Harris & Associates.
ATTACHMENTS
A. Agreement A-2425-42 with Harris & Associates
B. Proposed Resolution
• Exhibit 1 – Budget Appropriation Form
Item 7.3
Mountain House Page 24 of 404
251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 (209) 831-5610 FAX
CONSULTANT AGREEMENT
CONTRACT ID # A-2425-42
DATE: January 1, 2025
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: Harris & Associates
3620 American River Drive, Suite 175
Sacramento, CA 95864
The Parties agree as follows:
1. Priority of Documents:
Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:
Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.
B. Consultant’s Proposal dated October 30, 2024.
2. Terms of Services:
2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide CFF and TIF Update, Annexation Fee On-Call and AB1600 services, as further described in Exhibit A, Scope of Service (the “Work”).
2.2 Term of Agreement. This Agreement shall commence on January 1, 2025 and continue until June 30, 2028 unless said Work is completed on a date prior thereto or unless terminated earlier as provided herein. Consultant shall complete the Work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to
ATTACHMENT A
Item 7.3
Mountain House Page 25 of 404
CONTRACT ID # A-2425-42
2 Consultant to complete the services required by this Agreement shall not affect City of Mountain House’s right to terminate the Agreement, as referenced in Section 8.
2.3 Standard of Performance. Consultant shall perform all Work in a first-class manner in conformance with the standards of quality normally observed by a person practicing in Consultant’s profession.
2.4 Inspection. All Work performed and materials (if any) provided by Consultant shall be subject to inspection and approval by City of Mountain House.
2.5 Consultant’s Warranties and Guarantee. Consultant warrants to City of Mountain House that all materials and equipment furnished under this Agreement will be new unless City of Mountain House agrees otherwise in writing, and that all Work will be of good quality, free from faults and defects and in conformance with this Agreement. All Work not so conforming to these standards may be deemed defective by City of Mountain House. If required by City of Mountain House, the Consultant shall furnish to City of Mountain House satisfactory evidence as to the kind and quality of materials, equipment, and methods of installation by the Consultant or sub-Consultants.
Consultant shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following City of Mountain House’s acceptance of the Work (“Consultant’s Guarantee”). As part of Consultant’s Guarantee, Consultant agrees to make, at Consultant’s sole cost and expense, all repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period.
2.6 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City of Mountain House, in its sole discretion and at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of Mountain House of such desire of City of Mountain House, reassign such person or persons.
2.7 Time is of the Essence. The parties agree time is of the essence. Consultant shall devote such time to the performance of the Work as may be reasonably necessary to timely finish the Work, meet the standard of performance provided in Section 2.3 above, and satisfy Consultant’s obligations hereunder.
2.8 Public Works Requirements. Because the Work described in Exhibit A constitutes a public works within the definition of Section 1720(a)(1) of the Labor Code, Consultant is required to comply with the provisions of the Labor Code applicable to public works projects, as further described in Exhibit D. Consultant shall waive, indemnify, hold harmless, and defend City of Mountain House concerning any liability arising out of Labor Code Section 1720 et seq.
3. Terms of Payment. 3.1 Compensation. City of Mountain House hereby agrees to pay Consultant a sum not to exceed three hundred forty nine thousand, nine hundred sixty seven dollars and seventy two cents, ($349,967.72) notwithstanding any contrary indications that may be contained
ATTACHMENT A
Item 7.3
Mountain House Page 26 of 404
CONTRACT ID # A-2425-42
3 in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically authorized by City of Mountain House in writing, Consultant shall not bill City of Mountain House for duplicate services performed by more than one person.
Consultant and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Consultants of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and sub-Consultants may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.
3.2 Invoices. Consultant shall submit invoices not more often than once a month during the term of this Agreement based on the cost for services performed and reimbursable costs incurred prior to the invoice date via e-mail to [email protected]. Invoices delivered to any other e-mail address will be deemed undelivered and not paid.
Invoices shall contain the following information:
a. Contract ID number;
b. Federal Tax Payer Identification Number;
c. The beginning and ending dates of the billing period; d. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
e. At City of Mountain House’s option, for each Work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the Work, the hours spent by each person, a brief description of the Work, and each reimbursable expense;
f. The total number of hours of Work performed under the Agreement by Consultant and each employee, agent, and sub-Consultant of Consultant performing services hereunder; and
g. The Consultant’s signature.
3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable
ATTACHMENT A
Item 7.3
Mountain House Page 27 of 404
CONTRACT ID # A-2425-42
4 costs incurred. City of Mountain House shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.4 Final Payment; Retention Payment. If all services required have been satisfactorily performed, City of Mountain House shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion and acceptance of the Work, or other applicable event under law, and submittal to City of Mountain House of a final invoice.
3.5 Total Payment.
a. City of Mountain House shall pay for the Work performed by Consultant pursuant to this Agreement. City of Mountain House shall make no payment for any extra, further, or additional service pursuant to this Agreement. b. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. c. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant in excess of the maximum amount of compensation provided herein unless the Agreement is modified prior to the performance of such Work or services. d. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant for Work or services performed after the expiration or termination of this Agreement unless the Agreement is modified prior to the performance of such Work or services.
3.6 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for Work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
3.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B.
Reimbursable expenses not listed in Exhibit B are not chargeable to City of Mountain House. Reimbursable expenses shall not include a mark-up and shall be billed as a direct costs. In no event shall expenses be advanced by City of Mountain House to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
3.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
3.9 Payment upon Termination. In the event that City of Mountain House or Consultant terminates this Agreement pursuant to Section 8, City of Mountain House shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for Work satisfactorily completed as of the date of written notice of termination.
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5 Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
3.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
4. Consultant’s Status:
4.1 Independent Consultant. In the performance of the Work, duties, and other obligations imposed by this Agreement, the Consultant is at all times acting as an Independent Consultant practicing his or her profession and not as an employee of City of Mountain House. Consultant shall perform the Work in accordance with currently approved methods and standards of practice in the Consultant’s professional specialty. A copy of Consultant’s current business license shall be provided to City of Mountain House. The Consultant shall not have any claim under this Agreement or otherwise against City of Mountain House for vacation, sick leave, retirement benefits, social security or worker’s compensation benefits. The Consultant shall be responsible for federal and state payroll taxes such as social security and unemployment. San Joaquin County will issue a form 1099 at year-end on behalf of City of Mountain House for fees earned.
4.2 Consultant Not an Agent. Except as City of Mountain House may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City of Mountain House in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City of Mountain House to any obligation whatsoever.
4.3 Non-Exclusive Rights. This Agreement does not grant to Consultant any exclusive privileges or rights to provide services to City of Mountain House. Consultant may contract with other agencies, private companies, or individuals for similar services.
5. Legal Requirements. 5.1 Compliance. Consultant shall comply with all Federal, State and local laws, regulations and requirements necessary for performance of the Work. Consultant shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.
5.2 Licenses and Permits. Consultant represents and warrants to City of Mountain House that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for the performance of the Work. Consultant represents and warrants to City of Mountain House that Consultant and its employees, agents, and any sub-Consultants shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to perform the Work.
5.3 Conflict of Interest Statement. Consultant covenants that Consultant, its officers or employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of the
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6 Work. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Consultant under this Agreement. Consultant shall not hire City of Mountain House’s employees to perform any portion of the Work, including secretarial, clerical, and similar incidental services, except upon the written approval of City of Mountain House. Performance of the Work by associates or employees of Consultant shall not relieve Consultant from any responsibility under this Agreement.
5.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, gender identity, or sexual orientation against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant pursuant to this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
5.5 Drug Free Workplace. Consultant shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.
5.6 Form Law. The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
5.7 Subcontracts. Consultant shall include the provisions of this Section 5 in any subcontract approved by the Contract Administrator or this Agreement.
6. Indemnification, Hold Harmless and Defense. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend City of Mountain House, its directors, officers, employees, agents and authorized volunteers, and each of them, from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to City of Mountain House’s property, arising out of Consultant’s alleged negligence, or wrongful acts related to or in connection with Consultant’s performance of duties under the terms and conditions of this Agreement.
To the fullest extent permitted by law, City of Mountain House shall indemnify, hold harmless and defend the Consultant, its directors, officers, employees, agents and each of them (collectively referred to as “Consultant Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to the Consultant’s property, arising out of City of Mountain House’s
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7 alleged negligence, or wrongful acts related to or in connection with City of Mountain House’s performance of duties under the terms and conditions of this Agreement.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by Civil Code Section 2782.
7. Insurance. Before beginning any Work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance described in Exhibit C, incorporated herein, against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Consultant and its agents, representatives, employees, and sub-Consultants. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of Mountain House of such insurance that meets the requirements of Exhibit C and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning Work to City of Mountain House. Consultant shall maintain the insurance policies required by Exhibit C throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s proposal. Consultant shall not allow any sub-Consultant to commence Work on any subcontract until Consultant has obtained all insurance required by Exhibit C for the sub-Consultant(s) and provided evidence that such insurance is in effect to City of Mountain House. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
8. Termination and Modification. 8.1 Termination. City of Mountain House may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon sixty (60) days’ written notice to MHSCD and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City of Mountain House, however, may condition payment of such compensation upon Consultant delivering to City of Mountain House any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City of Mountain House in connection with this Agreement.
8.2 Extension. City of Mountain House may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2.2. Any such extension shall require a written amendment to this Agreement, as provided for herein. The City of Mountain House City Manager is hereby authorized to negotiate and execute such extension.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
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8 8.4 Assignment and Subcontracting. City of Mountain House and Consultant recognize and agree that this Agreement contemplates performance of specialized services by Consultant and is based upon a determination of Consultant’s unique competence, experience, and specialized knowledge. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the Contract Administrator. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City of Mountain House and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City of Mountain House’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different Consultant to complete the Work described in Exhibit A not finished by Consultant; or
d. Charge Consultant the difference between the cost to complete the Work described in Exhibit A that is unfinished at the time of breach and the amount that City of Mountain House would have paid Consultant pursuant to Section 3 if Consultant had completed the Work.
9. Miscellaneous. 9.1 Contract Administrator. The Consultant Administrator shall be designated, and may be changed, by the City of Mountain House City Manager in writing.
9.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be effected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise designated by either party in writing, such notices shall be mailed as shown on the first page of this Agreement.
9.3 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City of Mountain House shall be personally liable to Consultant in the event of any default or breach by City of Mountain House or for any amount that may become due to Consultant pursuant to this Agreement.
9.4 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing
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9 party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled.
9.5 Documents. All drawings, specifications, documents and other memoranda or writings relating to the Work hereunder, shall remain or become the property of City of Mountain House upon termination of this Agreement, whether executed by or for the Consultant for City of Mountain House, or otherwise, by or for the Consultant, or by or for a subConsultant operating under the Consultant’s supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to City of Mountain House forthwith upon termination or completion of the Work under this Agreement. Prior to termination Consultant shall deliver to City of Mountain House any such records upon request.
9.6 Force Majeure. It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/Consultant or the purchaser.
9.7 Waiver. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.
9.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the parties, any rights or remedies hereunder.
9.9 Headings. The headings of the sections and exhibits of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and are not to be used in its construction.
9.10 Entire Agreement and Modification. This Agreement supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.
9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. *Signatures on following page*
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10 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.
Harris & Associates City of Mountain House
State of California
By: ____________________________
Alison Bouley
Vice President, Municipal and
District Finance
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:
By: ___________________________
John Bakker
City Attorney
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11 EXHIBIT A
SCOPE OF SERVICES
[ ]
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Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 | P: 925.322.9921 Redefining Mobility.
October 30, 2024
Megan Quinn
Director, Municipal & District Finance
Harris & Associates
Via Email: [email protected]
Reference: Proposed Scope of Work to Update 2024 MH Traffic Impact Fee (TIF) Dear Megan,
The following is the proposed scope of work to update the 2024 Mountain House (MH) Traffic Impact Fee (TIF).
Proposed Scope of Work
It is our understanding that AMG would not be preparing the cost estimates for the update of the existing Capital Improvement Program (CIP). The TIF study and the CIP will provide the basis to establish the infrastructure improvements needed within MH and the reasonable relationship between the fee and the needs.
Task 1: Project Management
AMG will prepare an agenda for a project initiation meeting.
Review available information, including:
Existing development levels and remains of future buildout development projections Status of current transportation improvements needed to accommodate growth Identify the timeline for meetings (2)
Other issues, as appropriate
Meet with MH staff, as needed, during the study phase of the project Task 2: Data Collection to Establish Existing 2024-2025 Traffic Condition Traffic counts were conducted in 2021 during the last TIF update. To establish the current baseline traffic condition, peak period Intersection Turning Movement (ITM) counts for up to 10 key intersections would be conducted as shown in Figure 1. These are key intersections where warrants for a traffic signal or roundabouts might be triggered by additional traffic from new developments.
Available Average Daily Traffic counts (ADT) along major roadways would be utilized1. Collected data will establish the baseline Existing 2024-2025 Traffic Condition Task 3: Update Land Use Projections and Develop Traffic Forecasts AMG staff will conduct a review of the existing TIF including land use and as appropriate make a recommendation for changes to trip rate assumptions. 1 Mountain House recently conducted 2024 ADT collection for a dozen major roadways for ETS study
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Reference: Proposal for 2024 MH Traffic Impact Fee Update Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 | P: 925.322.9921 As is typical, there are likely changes to development of land uses since the last TIF update. It is also anticipated that there might be approved changes to land use zones for some
projects.
Two scenarios would be analyzed,
Existing or 2025 Conditions
2045 Buildout Conditions
2045 Buildout Conditions
The purpose of this task is to estimate cumulative traffic projections for the buildout of MH for the next 20-year cumulative scenario. It is likely that there have been land use changes since the last TIF update which could affect the cumulative buildout traffic. It is assumed that the remaining buildout land use would be shown on a map or Excel and be provided to AMG.
The AMG Team understands the growth scenario representing the buildout of the MH and how it will impact the study roadways.
The cumulative PM peak hour volumes for all major roadways were estimated during the last TIF update and shown in
Appendix A (shown as Figure 1). Unless there are major
changes in land use, it is likely changes to the estimated buildout PM peak hour volumes would remain relatively stable.
Therefore, it is not necessary to rerun the model to estimate the cumulative volumes. Instead, AMG recommend use of changes in trip generation for land use changes to estimate potential changes to the roadway segments. Link level analysis would be provided.
Use of SJCOG is a very time-consuming process. A separate line-item cost estimate is provided.
Task 4: Determine Potential Changes to MH Roadway
The purpose of this task is to provide a technical justification for TIF projects and show that the TIF projects are needed to accommodate development growth.
The AMG Team will conduct the following tasks:
Analyze existing and changes to future LOS analysis using MH thresholds with HCM methodology.
Conduct corridor analysis to identify corridor operation based on previously adopted MH buildout geometrics
Figure 1: Intersection Peak Hour Counts
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Reference: Proposal for 2024 MH Traffic Impact Fee Update Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 | P: 925.322.9921 Based on existing conditions and future conditions analysis, the AMG team will determine future improvements that are impacted by buildout of MH that could be improved with adopted mitigation. An estimate of the last adopted TIF roadways is shown in Appendix A. Currently, MHCSD utilizes LOS C as its acceptable threshold of significance except for gateway streets (Mountain House Parkway and Grant Line Road). Therefore, previous analysis uses LOS C as the minimum acceptable standard to determine the number of lanes required along MHCSD roadways within the study area (except gateway streets).
The use of LOS C as the minimum threshold for intersection operation could mean adding more lanes to increase capacity or installing traffic signals to reduce delays. Adding more lanes increases the roadway width for pedestrians to cross and thus increases safety exposure. Adding more lanes typically also could lead to higher speeds on the roadway. If MH change the current LOS C threshold to LOS D for MH streets, it would likely delay the need for street widening or adding signals at some intersections in the near future.
Determine Potential Changes to the Adopted 2024 Master Plan Roadways Based on the last TIF update, it was shown that nearly all the major north-south and east-west roadways have been built to four lanes. Nearly all major intersections connecting major arterials have been signalized. With nearly 45-50 percent of homes built, what additional capacity and intersection control would be required to accommodate the future buildout of the remaining 50-60 percent of the residential land use and 12 million sf non-residential land use? Which near term intersection control might be triggered?
During the last TIF update, a master list of existing and future intersection control was completed and included in Appendix A (shown in Figure 3). Are any of the existing Stop Control intersections triggering either a signal or roundabout warrants due to high traffic volumes? AMG Team will determine types of traffic control for the purposes of developing cost estimates. The types of improvements will be submitted to MH staff for review and approval. Once the list of projects is compiled and reviewed by MH staff, it is assumed that cost estimates would be developed by Harris Associates.
The AMG team will refine the list of projects and develop criteria and procedures for prioritizing projects that MH staff may use to develop a TIF Expenditure Plan.
Task 5. Documentation and Coordination
AMG will document the results in a draft TIF report. We will provide the report for review and comment. We will respond to one round of consolidated comments and submit a final report. Our fee for this task assumes no new technical analysis is under this task. Should we receive comments that require any new technical analysis, we will discuss how to proceed and determine the additional budget required for completion.
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Reference: Proposal for 2024 MH Traffic Impact Fee Update Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 | P: 925.322.9921 Estimated Schedule and Fee
The fee for this analysis is $49,800, which is based on the expected effort of our staff to complete the work described in the scope of services.
Regards,
Advanced Mobility Group
Christopher Thnay, PE, AICP
Principal
[email protected]
y:\proposals\mountain house csd\2024 mh fee update (101424)\lp 103024 mh tif 2024.docx Hourly Rates 275 300 150 155
1. Project Management & Coordinations
Project Management 16 16 4,400 $
Meetings/Coordination 16 4 20 5,000 $ 2. Data Collection 2024-2025 Data Gathering 4 12 16 2,900 $
Review Existing Info 12 12 24 5,100 $
3. Update Land Use & Develop Forecasts
Update Land use 4 16 20 3,500 $
Segment LOS 14 20 34 6,850 $
Document Results 6 12 8 26 4,690 $
4. MHCSD Roadway
Identify Improvements/LOS 16 16 32 6,800 $
Document Results 6 2 12 8 28 5,290 $ 5. Documentation Draft and Final Report 8 4 12 2,800 $ Total Hours By Team Member 102 2 108 16 228
Total Cost By Team Member $28,050 $600 $16,200 ##### $ 47,330 Direct Cost (10 Int & 1 ADT Counts) $ 2,500
Total $ 49,830
Optional Task - Use of SJCOG Model:
If SJCOG modeling needed: $45,000
2024 MH Traffic Impact Fee Study
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Reference: Proposal for 2024 MH Traffic Impact Fee Update Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 | P: 925.322.9921 Appendix A
2023 TIF Buildout Peak Hour Volumes
Estimated Required Buildout Lanes
Mountain House Signal & Intersection Control at Full Buildout (With TIF Status)
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CITY OF MOUNTAIN HOUSE
251 E. Main Street
Mountain House, California 95391
REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN THAT THE CITY OF MOUNTAIN HOUSE SHALL RECEIVE
FORMAL STATEMENTS OF QUALIFICATIONS (SOQ) FOR THE FOLLOWING PROFESSIONAL CONSULTING SERVICES:
PROFESSIONAL CONSULTING SERVICES
For Engineering Financial Services & Fee Updates
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One (1) electronic, Statement of Qualifications (SOQ) must be submitted to the City of Mountain House by 3 P.M. PST Monday, October 14, 2024.
Submit the electronic copy to Rochelle Henson at [email protected]. The City will reject any SOQ received after 3 P.M. on Monday, October 14, 2024.
SOQ's will be evaluated by City Staff for review following the procedures set forth within this RFQ.
Should you have any questions regarding this RFQ, please contact:
Rochelle Henson, Principal Planner
City of Mountain House
(209) 831-2300
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CITY OF MOUNTAIN HOUSE MOUNTAIN HOUSE
REQUEST FOR QUALIFICATIONS
For
PROFESSIONAL SERVICES FOR
Engineering Financial Services
DEADLINE FOR SUBMITTAL
3 P.M.
Monday, October 14, 2024
Submit Responses to the
RFQ to:
Rochelle Henson, Principal Planner
[email protected]
City of Mountain House
251 E. Main Street
Mountain House, CA 95391
MAIN LINE: (209) 831-2300
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4 CONTENTS
ABBREVIATIONS .......................................................................................................................................... 4 DEFINITION OF TERMS................................................................................................................................ 4 INTRODUCTION........................................................................................................................................... 5 BACKGROUND ............................................................................................................................................. 5 SERVICE CATEGORIES .................................................................................................................................. 5 SOQ CONTENT ............................................................................................................................................. 9 PERFORMANCE BASED SERVICES ................................................................................................................ 9 INSURANCE REQUIREMENTS .................................................................................................................... 10 AGREEMENT .............................................................................................................................................. 10 SOQ SUBMITTAL........................................................................................................................................ 13 QUESTIONS ............................................................................................................................................... 13 SOQ INTERPRETATIONS AND ADDENDA................................................................................................... 14 SCHEDULE ................................................................................................................................................. 14 EVALUATION PROCESS .............................................................................................................................. 14
ABBREVIATIONS
Whenever in this RFQ, the following abbreviations are used, the intent and meaning shall be interpreted as follows.
CRC Consultant Review Committee
CFF/TIF Community Facilities Fee/Transportation Improvement Fee District or MHCSD Mountain House Community Services District RFQ Request for Qualifications
PC Primary Consultant
PDF Portable Document Format
SOQ Statement of Qualifications
DEFINITION OF TERMS
City
City of Mountain House
County
San Joaquin County
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5 INTRODUCTION
The City of Mountain House (City/ MH) invites the submission of Statements of Qualifications (SOQ) from firms interested in providing financial Services to the District. Financial Services will consist of two categories, Fee Services and Fee Updates as described in more detail in Services Categories below.
Consultants may choose to submit an SOQ for one or both categories.
Each SOQ submitted to the City will be reviewed by a team of staff members who serve as the Consultant Review Committee (CRC). After review by the City, your firm may be added to the prequalified consultant registry list being compiled for financial services through the 26/27 Fiscal Year (October 28, 2024 – June 30, 2027) with an option to extend up to two additional years (through 2028/29). A maximum of three (3) firms will be selected for each service category. This pre-qualified list does not guarantee that your firm will receive contract work or that your firm will be contacted each time the need arises for services in your area of expertise. The submitted information will be used by staff to select consultants throughout the year on an as-needed basis.
BACKGROUND
Mountain House is a Master Planned Community originally organized as a Community Services District and existed under Government Code Sections 61,000 et. seq. As of July 1, 2024, Mountain House is the newest incorporated city in the State of California. The City is governed by a five-person, elected City Council and Mayor. MH currently serves a population of approximately 30,000 residents and covers an area of approximately 7.5 square miles. The Master Plan envisions a community with 12 separate neighborhoods (“Villages”), plus a Town Center that will provide about 21,000 jobs. Each Village has an elementary school, neighborhood Park and Commercial space. It will eventually have approximately 16,000 dwelling units for an estimated population of 44,000 residents.
The City currently serves over 6,500 rooftops, with an average of 300 to 400 new homes built per year.
Lammersville Unified School District oversees seven (7) Elementary Schools (Kindergarten to 8th Grade), one (1) preschool, and one (1) high school. San Joaquin Delta College maintains a South Campus in Mountain House, which focuses on Science and Math. There is one commercial center in the Town Center with smaller centers within each neighborhood. Please refer to the Master Plan which may be viewed at:
https://www.mountainhouseca.gov/home/showpublisheddocument/3139/638596715154070000
SERVICE CATEGORIES
The District is seeking responses to this RFQ from interested firms and individuals who are qualified to provide financial services and fee update services to the City of Mountain House. Services include calculation of annexation fees, cost certifications for completed projects, updates to the Community
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6 Facilities Fee (CFF) and Transportation Improvement Fee (TIF) fee programs, assistance with Community Facility Districts as well as the Annual and Five-Year AB 1600 Report. Additional financial services needs may also arise throughout the year on an on-call basis. Services are broken into two categories. The first category is Engineering Financial Services which consists of Annexation Fee calculations and Cost Certifications. These services are funded by the developers through the City as projects are identified. The second category is Fee Updates which includes periodic updates to the City’s Community Facilities Fee and Transportation Improvement Fee programs as well as the yearly and Five-Year AB 1600 compliance report. These services are funded by the District through the administrative fee portion of the fee programs.
The Consultants can submit a statement of qualification for either A) Engineering Financial Services category, B) Fee Update, or both services.
A. Engineering Financial Services (Developer Funded)
1. Annexation Fee Calculations
MH has a cost and reimbursement system set up for improvements which have been constructed by developers for the benefit of the entire Mountain House community. Infrastructure improvements include the sewer system, water, storm drainage, transportation (roadways), as well as government buildings and improvements (parks, town hall, library, public safety administration, etc.). Developers made an initial investment to put in place infrastructure that was necessary for development. The developers who built the infrastructure are paid back over time as new development occurs and land is annexed into the City.
As land is annexed into the City, landowners or project applicants are required to pay annexation fees to the developers for their fair share of improvement costs based on certified or budgeted costs of the improvements. The consultant will be asked to calculate annexation fees for new projects annexing into the City based on the costs of improvements built and the acreage, land use and density or EDU of the annexation area to determine the fair share contribution for the improvement.
The consultant will update the costs included in the annexation fee calculation based on completed cost certifications. Based on this information, the consultant will update the annexation fee for a proposed project annexing into the City of Mountain House.
2. Cost Certifications
Engineering Financial services for cost certifications will be used to assist MH to certify eligible developer’s costs in planning, designing and construction of community, transportation or utility facilities to determine applicable reimbursements. The cost certification will be used to reimburse developers for eligible costs related to construction projects within MH. The consultant will certify that costs are eligible, accurate, related to the specific construction and other related project costs and are consistent with generally accepted accounting principles related to each project.
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7 Costs related to Community facilities include building, structures, equipment, furniture and fixtures for Community facilities. Costs related to transportation facilities include roadways, transit improvements, and bridges within the community and off-site transportation mitigation, included in the Capital Improvement Program. Costs related to Utility facilities include on-site and off-site water treatment, storage, and major conveyance and collection pipeline systems, sewage treatment and storage, disposal and reclamation facilities, collection systems and disposal areas, and urban storm water drainage, channels, dams and facilities and permanent ground de-watering facilities. Utility facilities also include all infrastructure required to service the Community which is included in the Capital Improvement Program.
The Consultant is expected to review all documentation pertaining to each project and certify the costs are correct and accurate and pertinent to the specific project. Documentation for each project will include plans, contracts or agreements with suppliers, contractors and others; invoices, copies of cancelled checks, receipts from various vendors, and lien release documentation. These services will be used for both the Community Facility Fee (CFF) and Transportation Improvement Fee (TIF) reimbursement programs. For the CFF or TIF programs, the consultant shall compare the actual construction cost expenditures to the programmed CFF or TIF budgetary amount adopted by the Board. A copy of a sample cost certification is provided for review.
B. Fee Updates (City Funded through CFF/ TIF Administrative Fee)
1. CFF & TIF Fee Program Update
A full comprehensive review and update of the Community Facilities Fee and Transportation Improvement Fee programs was completed in 2023. In 2000 the San Joaquin Board of Supervisors adopted the Transportation Improvement Fee (TIF) and Community Facilities Fee (CFF) in order to finance roadway improvements as well community facilities such as parks, a library, public safety and administration facilities within the Mountain House community.
The fees have been reviewed and updated over the years including comprehensive updates in 2003, 2019 and 2023 as well as an additional review and update in 2024 adopted by the Mountain House CSD Board of Directors, as well as yearly updates based on ENR and CPI indexes. The City has committed to review the fee programs every other year and update fees as necessary. The next anticipated review and update would be in the first quarter of 2025.
CFF
The consultant will need to verify costs and proposed costs for various improvement (parks, community facilities, administration facilities, etc.) as well as work with staff to update projects based on the needs of the community for various facilities, as laid out in the Master Plan. The consultant will also help with evaluating the CFF and CFF facilities developed through Community Facility Districts (CFDs).
TIF
The consultant will need to update the costs of infrastructure based on estimates and certified costs.
The list of projects may need to be revised; an update to the trip generation rates (the use of a traffic
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8 sub consultant may be necessary) to determine if planned infrastructure is necessary as envisioned in the Master Plan. An updated traffic model consistent with the County and Council of Government model may be required with the proposed land use and updated trip generation rates, based ITE trip generation manual.
The developers are partners in the growth and development of the Mountain House Community. The consultant will need to work with staff and the developers to review the cost estimates, the list of projects within the programs, the trip generation findings for the TIF and proposed fees to ensure all partners work cooperatively on the update.
2. Annual AB 1600 Report
The consultant will be asked to do the yearly report in compliance with AB 1600 as well as the Five-Year report due the end of 2024. Assembly Bill (AB) 1600, which was enacted by the State of California in 1987, created Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigation Fee Act requires that all public agencies satisfy State requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project. An annual report is required and must be completed by December 31st of each year.
The consultant will prepare the annual report as well as the Five Year Report including the beginning and ending balances in each fee account, the amount of fees collected during the preceding year, and the projects the fees were expended on or the reimbursements made to developers. For unexpended funds, the consultant will work with the City to identify the improvements that will be funded and the date construction is estimated to begin or the expected date of reimbursement to the developers. The developer will summarize any inter-fund transfers or loans, including interest rate and the expected repayment date.
Conflict of Interest. The Consultant that is selected for these services shall not be working directly for the developers in Mountain House during the course of this contract. The Consultant shall disclose any existing professional services with the developers in Mountain House prior to acceptance of any work with Mountain House. A conflict of interest will constitute a breach of contract and the immediate termination of services.
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9 SOQ CONTENT
All SOQ’s must provide specific and concise answers to all requirements and requests for information.
Indirect, imprecise or incomplete responses are grounds to reject the SOQ.
The Consultant shall identify a qualified Project Manager who will coordinate all activities with the District staff, attend regular weekly meetings with City as needed, provide invoicing and schedule controls and maintains the quality control required for the project.
The Consultant shall submit a cover sheet with a specific list of services they are offering, and general company profiles and qualifications. Provide an organization chart showing all team leaders, subconsultants for all the disciplines listed herein. The Consultant can propose additional disciplines if deemed necessary.
A. Cover Letter (2 pages maximum)
Provide the name of the authorized representative of the firm and a statement on any conflict of interest (See Description of Services). Identify which category of services you are providing services.
B. Qualifications Section (5 Pages maximum)
Provide the following information in the overall qualifications. This response shall be tailored to our SOQ and not generic boilerplate information.
1. Company background and location where the key staff is located (local office). The local office shall be within a 3-hour drive to Mountain House. No travel time will be allowed.
2. Number of years the company has been in business.
3. Overall qualification of the company and services provided.
4. Other information about the firm and services.
C. Project Approach, Experience, and Areas of Expertise (20 pages Maximum) Provide the following information for the overall specialty services. This response shall be tailored to our SOQ and not generic boilerplate information.
1. Organization Chart.
2. Past experience and similar types of projects.
3. Approach to the project and project management.
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10 4. Quality Control/Assurance and Schedule adherence procedures.
5. Accounting and Billing procedures.
6. Three references for related services from similar projects during last five years (name and email).
D. Resumes for Key Staff (20 Pages Maximum)
Provide a ½ page resume for each key staff that will be working on the projects. The following information shall be provided.
1. The overall capabilities, qualifications, training, and areas of expertise for key staff that would be assigned to work with the District (staff substitutions are not allowed unless approved in writing by the District).
2. Name and qualifications of the Project Manager. This person shall attend weekly meeting as needed/requested by City.
3. Name of individual(s) to provide services outlining education and experience.
4. Length of each individual’s employment with the firm.
5. Area of specialization.
6. Academic honors and/or professional affiliations.
7. Years in or related experience.
8. Municipal or other local public sector experience
E. Schedule of Fees
Provide a fee schedule for providing professional services, including the following:
1. Labor Hourly Rates – Hourly billing rate (fully burdened) for all professional categories, including sub-consultants. No mark-up will be allowed on subconsultant services.
2. Reimbursable Expenses. - Define the type and unit rates for reimbursement of expenses; for example, rate for mileage, reproduction of documents, etc. No mark-up will be allowed for reimbursable.
3. All services will be negotiated on a task-order basis, based on the complexity and scope of the project.
PERFORMANCE BASED SERVICES
The City intends to evaluate the performance of consultants on an on-going basis. Therefore, upon completion of each project, the District will conduct a performance review of the services provided, which will include a review in the following areas:
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11 1. Schedule Adherence. Adherence to agree-upon schedules and/or timelines.
2. Quality Assurance. Adherence to acceptable quality control procedures and clarity and quality of work products and deliverables.
3. Comprehensiveness. Adherence to the agreed-upon scope of services, completeness, and quality of services.
After each task order and engagement, a performance review will be provided to the Consultant that will be the basis for future task orders and assignments. Future assignments will be contingent on the high performance of the Consultant and adherence to the requirements listed above.
INSURANCE REQUIREMENTS
The City shall require the firm selected, before the commencement of work, to provide evidence of appropriate professional liability insurance, errors and omissions insurance (if applicable), and workers’ compensation insurance coverage. Describe your firm’s present coverage and amounts of coverage.
Such coverage must be provided by an insurance company(s) authorized to do business in the State of California. Certificates must name the City of Mountain House as “Insured.” It must provide that the contractor’s policy is primary of any insurance carried by the City and that the policy will not be canceled or materially changed without thirty (30) days prior notice, in writing, from the City. The successful firm must agree, if awarded a contract as a result of its SOQ, to indemnify and hold harmless the City of Mountain House, its officers, agents, and employees from any and all claims and losses accruing or resulting to persons engaged in the work contemplated by its SOQ, or to persons who may be injured or damaged by the firm or its agents in the performance of the work. Prior to the commencement of any work, these and other provisions shall be established contractually.
AGREEMENT
A maximum of three (3) firms will be selected for each service category. The successful Consultant selected from the Registry List shall be required to enter into a Professional Services Agreement (hereafter referred to as “PSA” or “Agreement”) with the City. The District may award contracts to any of the firms on the list. The Agreement shall include the requirements of this RFQ as well as the respondent’s responses to this RFQ.
A sample agreement is attached. The Consultants are expected to sign the Agreement upon selection. If you have any comments on the Agreement, please provide those comments.
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12 However, the City is under no obligation to accept or incorporate the comments in the final contact.
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13 SOQ SUBMITTAL
Please submit one (1) electronic copy (PDF):
City of Mountain House
Submittal of Qualifications
For Financial Services
October 14, 2024
Rochelle Henson, Principal Planner
[email protected]
SOQs may be delivered in person at the City Hall or by mail, but must, in any case, be timestamped by the District by 3:00 P.M. PDST on Monday, October 14, 2024. Late SOQs or postmarks will not be accepted. All SOQs received shall be confidential and shall be retained by the City of Mountain House. Faxed SOQ’s will not be accepted.
SOQs shall be opened the week of the cutoff date by City Staff and thereafter submitted to the CRC for review in accordance with the procedures set forth within this RFQ. It is the policy of the City to reject and discard any SOQ that is received late.
The City is not liable for any costs or expenses incurred in the preparation of SOQs and may withdraw or modify this request at any time without jeopardy or prejudice. The City reserves the right to:
• Reject all SOQs.
• Request additional information concerning any SOQ for purposes of clarification. • Accept or negotiate any modification to any SOQ following the deadline for receipt of SOQs.
• Waive any irregularities if doing so would serve the best interests of the City.
QUESTIONS
All inquiries regarding the contents or outcome of this RFQ should be submitted in writing to Rochelle Henson, at the above address, by telephone at (209) 831-2300 or via email to [email protected] Questions regarding the contents of the RFQ need to be submitted by 5:00 P.M. Friday, September 26, 2024.
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14 SOQ INTERPRETATIONS AND ADDENDA
Any change to or interpretation of this RFQ by the City will be sent to each firm to whom an RFQ has been issued. Any such changes or interpretations shall become part of the RFQ for incorporation into any agreement awarded pursuant to this RFQ.
SCHEDULE
Issue RFQ Friday, September 20, 2024
Deadline to Submit Questions Friday, September 26, 2024 Response to Question Friday, October 4, 2024
SOQ Submission Date Monday, October 14, 2024
Pre-Qualified Consultants Registry List Complete Friday, October 25, 2024 Expected Council Approval Wednesday, November 13, 2024
EVALUATION PROCESS
SOQs will be screened administratively by the Consultant Review Committee (CRC) for compliance with this RFQ. The CRC shall review and consider the experience and qualifications of all the submitting firms. Firms deemed by the CRC to be the most qualified will be granted admission to the Pre-Qualified Consultants’ Registry List. In reviewing SOQs, the CRC shall carefully weigh the following factors:
40% Depth and breadth of experience and expertise in the firm’s and team’s area of specialty, most specifically in those areas most often encountered in municipal government operations
40% Quality and Experience of Staff assigned to the Project 20% Capability to perform professional services promptly and in a manner that permits District staff to meet established deadlines and to operate in an effective and efficient way, including availability for quick response to inquiries arising from normal operations, questions, or problems.
During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposing firms, or to allow corrections of minor errors and/or omissions within SOQs. The references and qualifications of the firms shall be verified by the City before the approval of any contract.
ATTACHMENT A
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CONTRACT ID # A-2425-42
12 EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule.
2) Reimbursable Expenses. Reimbursable expenses for Consultants working for City of Mountain House shall follow the guidelines outlined below. An invoice and receipts, outlining travel expenses, shall be submitted to City of Mountain House after the travel has occurred.
Expense Type Reimbursement Policies Receipt Required
Airfare Actual cost of the least expensive class available.
Business class and first class are not reimbursable.
Yes
Airline Baggage Fees Actual expense. Yes
Rental Car Reimbursement for rental cars will be for a
standard size car or smaller and will be
reimbursed for the actual expense.
Yes
Airport Shuttle Actual expense, including gratuity. Yes Taxi Actual expense, including gratuity. Yes
Meals & Incidentals Actual expense, including gratuity. Itemized receipts must be included for reimbursement. No
alcohol.
Other incidentals per itemized receipt.
Yes
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CONTRACT ID # A-2425-42
13 Hotel Lodging obtained will be reasonable and in line with the moderate priced hotels for the area.
Reimbursement will be only for room charge,
taxes, and parking (if applicable).
Itemized receipts must be included for
reimbursement.
Yes
Privately Owned Vehicle
Mileage Rate
IRS allowable rate for the current year. No
Office Incidentals Actual expense.
Copies/printing, courier/express delivery fees,
phone calls.
Yes
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CONTRACT ID # A-2425-42
14 EXHIBIT C
INSURANCE REQUIREMENTS
1) Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
TYPE OF INSURANCE MINIMUM LIMITS
Commercial General Liability
Premises Liability; Products and Completed
Operations; Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,00 in the aggregate; Commercial general
coverage shall be at least as broad as Insurance
Services Office Commercial General Liability
occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an
“occurrence” basis
Commercial or Business Automobile
Liability
All owned vehicles, hired or leased
vehicles, non-owned, borrowed and
permissive uses. Personal Automobile
Liability is acceptable for individual
Consultants with no transportation or
hauling related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property Damage.
Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability
form CA 0001 (most recent edition), Code 1 (any
auto). No endorsement shall be attached limiting
the coverage.
Workers’ Compensation (WC) and
Employers Liability (EL)
Required for all Consultants with
employees
WC: Statutory Limits
EL: $100,000 per accident for bodily injury or
disease. Consultant may rely on a self-insurance
program to meet those requirements, but only if the
program of self-insurance complies fully with the
provisions of the California Labor Code. The
insurer shall waive all rights of subrogation against
City of Mountain House and its officers, officials,
employees, and volunteers for loss arising from
Work performed under this Agreement
Professional Liability/Errors &
Omissions
Required for all Consultants performing
services with licensed professionals.
Includes endorsements of contractual
liability
$1,000,000 per occurrence
$2,000,000 policy aggregate; Any deductible or
self-insured retention shall not exceed $150,000 per
claim
2) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
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CONTRACT ID # A-2425-42
15 a) Term. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all Work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. b) Additional Insured. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Mountain House, its Board of Directors, and all City of Mountain House officers, agents, employees, volunteers and representatives.
c) Primary Insurance. For any claims related to this Agreement or the Work hereunder, the Consultant’s insurance covered shall be primary insurance as respects City of Mountain House, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City of Mountain House, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d) Cancellation. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to City of Mountain House.
e) Certificates of Insurance. Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City of Mountain House, evidencing that all required insurance coverage is in effect. City of Mountain House reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f) Sub-Consultants. Consultant shall include all sub-Consultants as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each sub-Consultant. All coverages for sub-Consultants shall be subject to all of the requirements stated herein.
g) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i) The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the Work, so long as commercially available at reasonable rates.
iii) If coverage is canceled or not renewed and it is not replaced with another claimsmade policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of Work under this Agreement.
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CONTRACT ID # A-2425-42
16 iv) A copy of the claim reporting requirements must be submitted to City of Mountain House for review prior to the commencement of any Work under this Agreement.
3) All Policies Requirements. a) Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to City of Mountain House. Acceptance of Consultant’s insurance by City of Mountain House shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant.
b) Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City of Mountain House for the self-insured retentions and deductibles before beginning any of the Work called for by any term of this Agreement.
At the option of City of Mountain House, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City of Mountain House, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to City of Mountain House guaranteeing payment of losses and related investigations, claim administration and defense expenses. c) Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d) Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or Consultant may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all Work performed by Consultant, its employees, agents, and sub-Consultants.
4) Remedies. In addition to any other remedies City of Mountain House may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City of Mountain House may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City of Mountain House may have and are not the exclusive remedy for Consultant’s breach:
a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
b) Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c) Terminate this Agreement.
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CONTRACT ID # A-2425-42
17 EXHIBIT D
REQUIREMENTS OF PUBLIC WORKS CONTRACTS
1) Wages. As applicable pursuant to Federal and State of California statutes and regulations:
a) In accordance with Labor Code Section 1773.2, City of Mountain House has determined the general prevailing wages in the locality in which the Work described in Exhibit A are to be performed for each craft or type of work needed, as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in City of Mountain House Public Works Office, and shall be made available on request. Consultant and sub-Consultants engaged in the performance of the Work shall pay no less than these rates to all persons engaged in performance of the Work.
b) In accordance with Labor Code Section 1775, Consultant and any sub-Consultants engaged in performance of the Work shall comply with Labor Code Section 1775, which establishes a penalty of up to $200 per day for each worker engaged in the performance of the Work for which Consultant or any sub-Consultant pays less than the specified prevailing wage. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Consultant or sub-Consultant had knowledge of their obligations under the Labor Code. Consultant or sub-Consultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate.
If a sub-Consultant worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the sub-Consultant, Consultant is not liable for any penalties therefore unless Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
i) The contract executed between Consultant and the sub-Consultant for the performance of part of the Work shall include a copy of the provisions of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
ii) Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the sub-Consultant by periodic review of the sub-Consultant’s certified payroll records.
iii) Upon becoming aware of a sub-Consultant’s failure to pay the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the sub-Consultant for performance of the Work.
iv) Prior to making final payment to the sub-Consultant, Consultant shall obtain an affidavit signed under penalty of perjury from the sub-Consultant that the subConsultant has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the Work any amounts due pursuant to Labor Code Section 1813.
c) In accordance with Labor Code Section 1776, Consultant and each sub-Consultant engaged in performance of the Work shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work. Each payroll record
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CONTRACT ID # A-2425-42
18 shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
i) The information contained in the payroll record is true and correct. ii) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to Labor Code Section 1776 shall be certified and shall be available for inspection by City of Mountain House and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and shall otherwise be available for inspection in accordance with Labor Code Section 1776. d) In accordance with Labor Code Section 1777.5, Consultant, on behalf of Consultant and any sub-Consultants engaged in performance of the Work, shall be responsible for ensuring compliance with Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
e) Consultant or any sub-Consultant, in performance of the Work, employs any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other nonmanual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, Consultant shall pay the minimum rate of wages specified therein for the classification that most nearly corresponds to the Work performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 2) DIR Registration. At all times, Consultant shall be registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No Consultant or sub-Consultant may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the Labor Code, that if the Work under this Agreement qualifies as a public works project, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5615290.3
ATTACHMENT A
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ATTACHMENT B
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE APPROVING A BUDGET
APPROPRIATION TO ALIGN PREVIOUSLY AUTHORIZED FUNDS ACROSS FISCAL YEARS TO COMPLETE
THE COMMUNITY FACILITIES FEE (CFF) AND TRANSPORTATION IMPACT FEE (TIF) UPDATE UNDER AGREEMENT A-2425-42 WITH HARRIS & ASSOCIATES
WHEREAS, on November 12, 2024, the City Council of the City of Mountain House approved Agreement A-2425-42 with Harris & Associates for on-call planning and engineering support services, including development impact fee updates, with a not-to-exceed amount of $349,967.72; and WHEREAS, the approved scope of Agreement A-2425-42 includes preparation of updates to the City’s Community Facilities Fee (CFF) and Transportation Impact Fee (TIF) programs; and WHEREAS, the CFF and TIF update was budgeted in Fiscal Year 2024-25, but completion of the work extended into Fiscal Year 2025-26 due to the timing and complexity of infrastructure cost certification and coordination; and
WHEREAS, a portion of the previously approved Fiscal Year 2024-25 budgeted funds was not expended and did not automatically carry forward into Fiscal Year 2025-26; and WHEREAS, the City Council desires to align previously authorized funds across fiscal years to allow completion of the CFF and TIF update currently underway, without amending the agreement, expanding the scope of work, or increasing the not-to-exceed contract amount.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Mountain House:
1. Budget Appropriation. The City Council approves a budget appropriation in the total amount of $63,472.75, representing previously authorized funds, as shown in the “Adjustment, Additional Appropriation, Estimated Revenue, Transfer of Funds” form attached hereto as Exhibit 1.
2. Administrative Authority. The City Council authorizes the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED this 14th day of January 2026, by the City Council of the City of Mountain House.
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CITY OF MOUNTAIN HOUSE
ADJUSTMENT, ADDITIONAL APPROPRIATION, ESTIMATED REVENUE, TRANSFER OF FUNDS Fiscal Year 2025-2026 Resolution Number 2026-XX
Appropriations: Amount
Fund Department Account Project Increase Decrease
102 1420 6500 $ 35,736.38
102 0000 3999 $ 35,736.38
103 1420 6500 $ 27,736.37
103 0000 3999 $ 27,736.37
TOTAL $ 63,472.75 $ 63,472.75
Revenue: Amount
Fund Department Account Project Increase Decrease
TOTAL $ - $ -
REASON FOR REQUEST: REQUESTED BY:
Rochelle Henson, Principal Planner
Date
REVIEWED BY:
Date ASD Director
APPROVED BY:
Date City Manager
CITY COUNCIL
I HEREBY CERTIFY that the above order was passed and adopted on xx/xx/xxxx by the following vote of the City Council, to wit:
MOTION:
AYES:
NOES:
ABSENT:
BY
CITY CLERK
Appropriation of Funding for Harris &
Assoicates CFF & TIF program update
Performed in Fiscal Year 2025-2026
Provide funding to complete CFF & TIF program updates. Items were not completed in prior fiscal year as originally anticipated. Budget was not rolled over.
EXHIBIT 1
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POLICY & ACTION ITEM XX
ATTACHMENT X, EXHIBIT X
CITY OF MOUNTAIN HOUSE
ADJUSTMENT, ADDITIONAL APPROPRIATION, ESTIMATED REVENUE, TRANSFER OF FUNDS Fiscal Year 2025-2026 Resolution Number 2026-XX
Appropriations: Amount
Fund Department Account Project Increase Decrease
102 1420 6500 $ 35,736.38
102 0000 3999 $ 35,736.38
103 1420 6500 $ 27,736.37
103 0000 3999 $ 27,736.37
TOTAL $ 63,472.75 $ 63,472.75
Revenue: Amount
Fund Department Account Project Increase Decrease
TOTAL $ - $ -
REASON FOR REQUEST: REQUESTED BY:
Rochelle Henson, Principal Planner
Date
REVIEWED BY:
Date ASD Director
APPROVED BY:
Date City Manager
CITY COUNCIL
I HEREBY CERTIFY that the above order was passed and adopted on xx/xx/xxxx by the following vote of the City Council, to wit:
MOTION:
AYES:
NOES:
ABSENT:
BY
CITY CLERK
Appropriation of Funding for Harris &
Assoicates CFF & TIF program update
Performed in Fiscal Year 2025-2026
Provide funding to complete CFF & TIF program updates. Items were not completed in prior fiscal year as originally anticipated. Budget was not rolled over.
Item 7.3
Mountain House Page 77 of 404
TITLE: Annual Update on Transportation Impact and Annexation Fee Programs.
MEETING DATE: January 14, 2026
PREPARED BY: Thomas Retchless, Finance Director
RECOMMENDATION
Receive and file this annual update on the Transportation Impact Fees and Annexation Programs as required by Resolution 2022-07, adopted on February 16, 2022.
BACKGROUND
Policies and procedures are essential to an organization. They provide direction for day-to-day operations, ensure compliance with laws and regulations, guide decision-making, streamline internal processes, ensure process consistency and efficiency, clarify expectations, serve as a training tool and a method to measure performance, and protect the organization from legal action and employee fraud.
At the Board meeting of January 12, 2022, staff presented a discussion concerning the need for policies related to Transportation Impact and annexation fee programs. The discussion included background information about both fee programs and recent developments that highlighted the need to develop policies at that time. The Board directed staff to provide proposed policies for consideration. On February 16, 2022, the Board reviewed proposed staff recommendations and adopted “Transportation Impact and Annexation Fee Programs Policies” which are Attachment A of this report.
Transportation Impact Fee Program
On April 11, 2000, by Board Order B-00-439, the San Joaquin Board of Supervisors adopted the Transportation Impact Fee (TIF) program 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 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 and the related Environmental Impact Report’s 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 share of regional roadways both within and outside of the City’s Sphere of Influence.
Item 7.4
Mountain House Page 78 of 404
TIF fees 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. 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.
Annexation Fee Program
Annexation of a property into the City requires a calculation of an Annexation Fee which includes the annexing property’s “fair share” of the costs of infrastructure, facilities, plans and programs that benefit the annexing property based on an analysis of a legal nexus. The annexing property may receive a credit against future fee obligations up to the amount of reimbursements owed to a developer for privately funded formation costs, community facilities, transportation improvements, utility facilities, interim City funding and City projects identified in the annexation fee calculation. The annexation fee is used to reimburse developer(s) for oversizing of infrastructure and to fund the costs of other community facilities, transportation improvements and utility facilities.
The Annexation Fee Ordinance, MH-3-1404, adopted by the San Joaquin County Board of Supervisors acting as the Board of Directors of the District, on August 22, 2000, established the process for calculation of the annexation fee.
Harris & Associates is an engineering consulting firm that has worked with the City in providing updates to impact and annexation fees. They developed an analysis that takes into consideration all applicable community facilities, transportation improvements, and utility infrastructure constructed to date, applies the provisions of the relevant fee ordinances and technical reports, and calculates proportional shares that result in the annexation fee calculations.
Lease Revenue Bond Issue to Retire TIF Note Payable
On October 19, 2021, the District concluded a successful offering of a $49.69 million lease revenue bond – with approximately $56 million of net proceeds. Proceeds of the bonds were used to retire a note payable to Trimark Communities, LLC for transportation improvements. The bonded debt will be repaid from TIF collections paid with the issuance of building permits. With the retirement of the note payable, the City assumed the balance of the Trimark’s remaining TIF and annexation fee reimbursement rights.
As properties are annexed and building permits are pulled, the City will have the priority right to reimbursement from those payments.
The District had the need and opportunity to develop and update policies related to the payment of the Note referenced above. On February 16, 2022, the Board adopted the attached “Transportation Impact and Annexation Fee Programs Policies.”
In addition to the action taken as described above, the Board directed staff to provide annual updates on the status of the following:
• TIF program: funds collected, bond reserve balance, debt service payments and the amount and disposition of excess TIF collections
Item 7.4
Mountain House Page 79 of 404
• Annexation program: amount of City's share of annexation fees, description of any flexible payment plans, and balance of fees due
• Advance retirement of debt: analysis of decisions to retire debt including factors described above
DISCUSSION
As noted above, the Council directed staff to provide annual updates on the Traffic Impact and Annexation Fee programs. Attachment B to this staff report provides those updates.
FISCAL IMPACT
No financial impact at this time.
STRATEGIC PLAN
Development and updates of policies related to TIF and annexation fee programs assists in achieving the following strategic issues, goals and objectives:
• The Council intends to monitor and encourage mixed-use, commercial development to increase convenience and quality of life for Mountain House residents. • Evaluate economic development plans and land use planning. • Continue to collaborate with developers and other partners to provide carefully planned, wellconstructed, and regularly maintained infrastructure that safely serves residents, businesses, and visitors.
ACTION FOLLOWING CITY COUNCIL APPROVAL
Staff will file this report and continue to implement Council-approved policies.
Policies and procedures provide a foundation for process improvement and should, therefore, be reviewed regularly and updated as needed to address new and changing circumstances and ensure continued efficiencies and efficacies. Accordingly, staff will propose updates and additions to the Transportation Improvement and Annexation fee polices as needed for Council review and consideration.
ATTACHMENTS
A. Transportation Impact and Annexation Fee Programs Policies B. Annual Updates to City Council
Item 7.4
Mountain House Page 80 of 404
DISCUSSION ITEM 10.4
ATTACHMENT A
Mountain House Community Services District
Transportation Improvement
and Annexation Fees Policies
Item 7.4
Mountain House Page 81 of 404
DISCUSSION ITEM 10.4
ATTACHMENT A
Policies and procedures are essential to an organization. They provide direction for day-to-day operations, ensure compliance with laws and regulations, guide decision-making, streamline internal processes, ensure process consistency and efficiency, clarify expectations, serve as a training tool and a method to measure performance, and protect the organization from legal action and employee fraud.
On February 16, 2022, the Board of Directors approved policies related to the following topics:
1) Debt reserve established in General Fund
2) Distribution of TIF fees in excess of bonded debt service 3) Advance retirement of debt
4) Collection of annexation fees
5) Annual reporting to the Board of Directors
Below is information on the Transportation Improvement Fee program, annexation fees, and the issuance of lease revenue bonds to provide background and context for the policies.
Transportation Improvement Fee Program
On April 11, 2000, by Board Order B-00-439, the San Joaquin Board of Supervisors adopted the Transportation Impact Fee (TIF) program 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 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 and the related Environmental Impact Report’s 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 District share of regional roadways both within and outside of the District’s Sphere of Influence.
TIF fees can be used by the District 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. 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 District prior to reimbursement through the Developer Reimbursement program which is implemented on a “first-in-time” priority basis.
Item 7.4
Mountain House Page 82 of 404
DISCUSSION ITEM 10.4
ATTACHMENT A
Annexation Fee Program
Annexation of a property into the District requires a calculation of an Annexation Fee which includes the annexing property’s “fair share” of the costs of infrastructure, facilities, plans and programs that benefit the annexing property based on an analysis of a legal nexus. The annexing property may receive a credit against future fee obligations up to the amount of reimbursements owed to a developer for privately funded formation costs, community facilities, transportation improvements, utility facilities, interim District funding and District projects identified in the annexation fee calculation. The annexation fee is used to reimburse developer(s) for oversizing of infrastructure and to fund the costs of other community facilities, transportation improvements and utility facilities.
The Annexation Fee Ordinance, MH-3-1404, adopted by the San Joaquin County Board of Supervisors acting as the Board of Directors of the District, on August 22, 2000, established the process for calculation of the annexation fee.
Consultants have worked with the District to provide updates to impact and annexation fees. They developed an analysis that takes into consideration all applicable community facilities, transportation improvements, and utility infrastructure constructed to date, applies the provisions of the relevant fee ordinances and technical reports, and calculates proportional shares that result in the annexation fee calculations.
Lease Revenue Bond Issue to Retire TIF Note Payable
On October 19, 2021, the District concluded a successful offering of a $49.69 million lease revenue bond – with approximately $56 million of net proceeds. Proceeds of the bonds were used to retire a note payable to Trimark Communities, LLC for transportation improvements. The bonded debt will be repaid from TIF collections paid with the issuance of building permits. With the retirement of the note payable, the District assumed the balance of the Trimark’s remaining TIF and annexation fee reimbursement rights. As properties are annexed and building permits are pulled, the District will have the priority right to reimbursement from those payments.
APPROVED POLICIES
1. Debt reserve policy
TIF fees are collected when building permits are issued. It is projected 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, it is prudent to establish a reserve for debt service payments to ensure that funds will be available if the fees in any year fall short.
The District will establish a reserve equivalent to 110% of the maximum annual debt service requirement. The maximum annual debt service will occur in fiscal year 2026/2027 in the amount of $2,878,600. The initial 110% reserve requirement would be $3,166,460. The reserve will be funded over three consecutive years, beginning in fiscal year 2022/2023, in the amount of $1,055,487 per year to accumulate $3,166,460.
Item 7.4
Mountain House Page 83 of 404
DISCUSSION ITEM 10.4
ATTACHMENT A
The amount of the reserve will be adjusted as the bonds are retired or are called for early redemption.
2. Distribution of TIF fees in excess of bonded debt service With the issuance of the lease revenue bonds, the District assumed Trimark’s position with respect to reimbursement of TIF improvements and annexation fees. It is projected that based on historic collections, the amount the District will be reimbursed from TIF paid in future years will exceed the amount required for debt service. After required debt service payments are made, the remainder will be available to the District to spend as it sees fit.
The lease revenue bonds made this debt an obligation of the District. As a General Fund obligation, we will need to continually monitor collections to ensure we have sufficient funds for debt service.
After the bond reserve is funded in compliance with the Debt Reserve Policy above, the General Manager will be authorized to distribute excess funds to developers (in the order of their repayment priority) if there is a benefit to the District. 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 District’s General Fund.
3. Advance retirement of debt
The bond indenture provides for optional redemption for bonds of certain maturities:
Bonds maturing October 1, 2051 are subject to call on or after October 1, 2024 Bonds maturing October 1, 2046 are subject to call on or after October 1, 2026 Bonds maturing October 1, 2032 through 2041 are subject to call on or after October 1, 2031
The General Manager will be authorized to proceed with advance retirement of debt after determining the optimal course of action based on a number of factors including the following:
The amount of TIF reimbursements collected in excess of debt service Comparison of bond coupon rates to ENR rates, which are used to escalate developers’ notes payable
Amount of certified costs awaiting reimbursement and consideration of how those reimbursements could be used by developers for additional improvements
4. Annexation fee collections
With the issuance of the lease revenue bonds, the District will receive the balance of any annexation fees due to Trimark. Annexation fees are approaching levels that may be a deterrent to continued vigorous development. Although the District cannot change how developers receive their shares of annexation fees, it can choose to adjust how, when and if the amounts due to the District are collected. Flexibility in collecting annexation fees would substantially decrease entry costs and encourage new, continued development. Such an approach would accelerate the collection of TIF fees via building permits and provide additional funds for the bonded debt payments.
Item 7.4
Mountain House Page 84 of 404
DISCUSSION ITEM 10.4
ATTACHMENT A
For residential development, the General Manager is authorized to allow a flexible payment method in which the annexation fees could be collected on building permits rather than with an up-front payment from the developer annexing into the District. For these flexible plans, staff will allocate the annexation fees to be collected over the various lots and uses within the annexed area, add that amount to each building permit issued, and track collections to monitor the balance collected.
For job-generating commercial projects, the General Manager is authorized to defer the annexation fee collection or provide a fee credit for projects generating 25 or more jobs. The fee credit per job would be $10,000.
5. Annual reporting to the Board of Directors
Staff will provide annual updates to the Board on the status of the following:
TIF program: funds collected, bond reserve balance, debt service payments and the amount and disposition of excess TIF collections
Annexation program: amount of District’s share of annexation fees, description of any flexible payment plans, balance of fees due, and fee credits issued Advance retirement of debt: analysis of decisions to retire debt including factors described above
Item 7.4
Mountain House Page 85 of 404
Annual Traffic Impact and Annexation Fee Program Report Resolution 2022-07, adopted February 16, 2022, directed staff to provide updates to the City Council as follows:
TIF Program:
1/1/2025 bond reserve balance 11,176,003
Revenue
TIF Impact Fees 9,539,517
Annexation Fees 3,541,314
Total funds collected 13,080,831
Expenditures
Debt service payments 2,692,419
Advance retirement of debt 12,805,000
Total payments 15,497,419
12/31/2025 bond reserve balance 8,759,415
Annexation Program:
Description of any flexible payments plans, balance of fees due, and fee credits issued Total flexible payment plan for the Machado property 8,669,233 Payments received by the City from annexation fees for the Machado property 6,608,898 Outstanding amount of flexible payments for the Machado property 2,060,335 Amount and disposition of excess TIF collections -
Item 7.4
Mountain House Page 86 of 404
TITLE: Comparisons of Projected and Actual Fund Balances.
MEETING DATE: January 14, 2026
PREPARED BY: Thomas Retchless, Finance Director
RECOMMENDATION
Staff requests that the City Council review the information presented by staff and accept and file the information .
BACKGROUND
During the fiscal year 2021/2022 budget workshop and public hearing, District Board members requested information on how the projected June 30, 2021 fund balances per the budget document would compare to the actual, audited fund balances for June 30, 2021. Both the workshop and public hearing occurred before staff could close the year for financial statement purposes. The Board requested that staff provide the comparisons after each fiscal year is closed.
The June 30, 2025 Annual Comprehensive Financial Report was presented at the December Council meeting.
DISCUSSION
Now that the financial statements for the year ended June 30, 2025 have been audited and issued, staff is able to present a comparison of the projected and actual fund balances. Attachment A to this staff report presents information about variances between projected and actual revenues and expenditures for fiscal year 2024/2025 and the projected and actual fund balances at June 30, 2025. The funds are presented using the groupings shown in the budget.
Because the budget is compiled in the third quarter of the fiscal year, it is necessary to use estimates when projecting revenues and expenditures. Projections are made conservatively; revenues may be understated and expenditures overstated. This approach may understate the projected fund balances when compared to actuals, however it also helps to ensure that the beginning fund balances do not overstate the resources available for the next budget year. In addition, in the process of closing a fiscal year for financial statement purposes, revenues that have been earned but not received and expenditures for goods or services that have been received but not paid as of year-end are accrued. These accruals are difficult to estimate at the time the budget is prepared.
Differences between the projected and actual fund balances can result from variances in revenues, expenditures, or both. As shown on Attachment A, actual fund balances for the general funds, special assessment funds, capital projects funds, enterprise funds and restricted funds exceeded fund balances Item 7.5
Mountain House Page 87 of 404
as projected in the 2025/2026 budget. The attachment provides information on the variances in revenues and expenditures that resulted in the variances in fund balances.
FISCAL IMPACT
There is no financial impact at this time.
STRATEGIC PLAN
Providing budget updates helps to fulfill the mission of the Finance Department: To safeguard City assets and to provide timely, accurate and useful financial information.
ACTION FOLLOWING CITY COUNCIL APPROVAL
Staff will implement direction given at this meeting.
ATTACHMENTS
A. Comparison of Projected and Actual Fund Balances at 6/30/2025.
Item 7.5
Mountain House Page 88 of 404
Comparison of Projected and Actual Fund Balances at 6/30/2025 Projection of
Fund Balances at
6/30/2025 per
2025/26 Budget
Actual Fund
Balances at
6/30/2025 per
Audit Variance Comments
General Funds
Revenue 13,808,552 $ 17,522,322 $ 3,713,770 $
The variance is primarily due to receiving $1.6 million more in interest and $1.1 million more in property tax
revenue than budgeted.
Expenditures 4,037,789 2,795,478 (1,242,311)
The majority of the variance was from personnel
savings.
Transfers Out 4,535,194 3,189,133 (1,346,061) The Water Fund did not require a subsidy in 2024/25.
Fund Balance 61,327,321 67,403,003 6,075,682
Special Assessment Funds
Revenue 17,261,137 17,309,306 48,169 The variance is due to interest received on investments.
Expenditures 18,340,836 15,811,136 (2,529,700)
The variance is due to landscape and maintenance costs
being lower than budgeted and personnel savings.
Transfers Out 3,354,355 2,706,609 (647,746)
The variance is due to expenses that were budgeted in
CIP being moved into the operating budget.
Fund Balance 2,734,972 4,993,282 2,258,310
Special Revenue Funds
Revenue 2,683,359 4,636,670 1,953,311
The variance is due to more development activity than
budgeted.
Expenditures 4,597,883 5,591,673 993,790
The variance is due to the increase in development
activity consistent with the revenue variance.
Transfers In 2,510,169 2,684,133 173,964
The variance is due to the increase in development
activity consistent with the revenue variance.
Fund Balance - 1,955,590 1,955,590
Capital Projects Fund
Revenue - 89,074 89,074 The variance is due to interest received on investments.
Expenditures 3,950,000 2,183,871 (1,766,129)
The variance is due to not all budgeted in CIP being
completed, some funds were budgeted for future
projects.
Transfers In 3,950,000 3,361,609 (588,391)
The variance is due to expenses that were budgeted in
CIP being moved into the operating budget.
Fund Balance 11,221,442 12,488,254 1,266,812
Enterprise Funds
Revenue 22,830,751 24,811,952 1,981,201
The variance is due to receiving $1 million more in
interest and $900 thousand more service fees due to
increase in properties.
Expenditures 23,376,441 16,529,720 (6,846,721)
Expenditures were under budget due to budgeted
projects in CIP funds that were not completed. The
variance is also affected by interest on notes payable.
Transfers In 1,057,720 - (1,057,720) The Water Fund did not require a subsidy.
Fund Balance 13,500,317 12,308,874 (1,191,443)
There is less of fund balance for actuals at 6/30/2025
due to reporting differences between the budget and
audited statements.
Restricted Funds
Revenue 14,516,316 24,507,095 9,990,779
Restricted revenue is based on building permits and
commercial project permits. We estimated less permits
than were actually requested.
Expenditures 14,214,871 13,161,274 (1,053,597)
The variance is due to CFF not being required to pay as much in reimbursements as budgeted.
Transfers Out - 150,000 150,000
The funds were moved from CFF to CIP to cover
vehicle purchases.
Fund Balance 29,321,931 42,187,160 12,865,229
Actual fund balance includes funds not yet used to
reimburse developer infrastructure and funds that will
be used to pay TIF bonds.
Total Funds 118,105,983 $ 141,336,163 $ 23,230,180 $
Item 7.5
Mountain House Page 89 of 404
TITLE: Measure K Fund Non-Transit Purposes Auditors’ Report.
MEETING DATE: January 14, 2026
PREPARED BY: Thomas Retchless, Finance Director
RECOMMENDATION
Staff recommends that the City of Mountain House (City) City Council (Council) receive and file the Measure K Fund Non-Transit Purposes Auditors’ Report for the fiscal year ended June 30, 2025.
BACKGROUND
Measure K and TDA programs require that funds allocated to and received by the City are expended in conformance with applicable statutes, rules, and regulations of Measure K and the TDA programs; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations (Code of Regulations) during the year ending June 30, 2025.
The City received funds from an ordinance (Measure K) passed by San Joaquin County voters resulting in an increase of one-half of one percent of sales tax for transportation improvements. SJCOG, acting as the Local Transportation Authority, oversees the collection and distribution of the sales tax in accordance with the twenty-year transportation expenditure plan. The plan calls for street repairs, safety and operational improvements on streets and roads, projects to reduce street and highway congestion, and the promotion of passenger rail and bus services as an alternative to travel by automobile. The City Measure K Sales Tax Fund is used to account for these funds, which is reflected in the financial statements of the Measure K Fund.
The City of Mountain House share of this funding source was approximately $600,000 in the fiscal year ended June 30, 2025.
DISCUSSION
LSL CPAs issued an unqualified opinion on the City’s Measure K financial statement for fiscal year 2024- 2025. This opinion indicates that the financial statements present fairly, in all material respects, the financial position of the City in accordance with generally accepted accounting principles and GASB reporting requirements. LSL CPAs also presented a report on internal control over financial reporting and a management letter (Attachment B). Staff reviewed the information in the internal control report and the management letter and noted responses within the respective documents.
FISCAL IMPACT
No fiscal impact.
Item 7.6
Mountain House Page 90 of 404
STRATEGIC PLAN
Conducting the annual audit of the City’s financial statements helps the City meet the following goals:
Provide accurate and useful financial information on a timely basis
ACTION FOLLOWING CITY COUNCIL APPROVAL
Staff will file this report.
ATTACHMENTS
A. Measure K Fund Non-Transit Purposes Auditors’ Report for the fiscal year ended June 30, 2025 B. Auditor Communication Letter
Item 7.6
Mountain House Page 91 of 404
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Item 7.6
Mountain House Page 92 of 404
CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUND NON-TRANSIT PURPOSES
Independent Auditors’ Report, Fund Financial Statements, Required Supplementary Information, And Compliance Report For The Year Ended June 30, 2025
Item 7.6
Mountain House Page 93 of 404
CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUND NON-TRANSIT PURPOSES
Independent Auditors’ Report, Fund Financial Statements, Required Supplementary Information, And Compliance Report For The Year Ended June 30, 2025
Table of Contents
Page
Number
INDEPENDENT AUDITORS’ REPORT ................................................................................................................... 1
FUND FINANCIAL STATEMENTS
Balance Sheet – Measure K Fund Non-Transit Purposes ................................................................................. 4 Statements of Revenues, Expenditures, and Changes in Fund Balance – Measure K Fund Non-Transit Purposes ............................................................................................................ 5 Notes to the Fund Financial Statements .................................................................................................................. 6
REQUIRED SUPPLEMENTARY INFORMATION
Budgetary Comparison Schedule – Measure K Fund ....................................................................................... 9 Note to Required Supplementary Information ................................................................................................... 10
OTHER REPORTS
Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Fund Financial Statements Performed in Accordance with Government Auditing Standards .................................................. 12 Independent Auditors’ Report on State Compliance ......................................................................................... 14 Item 7.6
Mountain House Page 94 of 404
LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT
To the City Council
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Mountain House
Mountain House, California
Report on the Audit of the Financial Statements
Opinion
We have audited the accompanying financial statements of the Measure K Fund, allocated for non-transit purposes, (the “Fund”) of the City of Mountain House, California (the “City”), as of and for the year ended June 30, 2025, and the related notes to the financial statements, as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Fund of the City, as of June 30, 2025, and the respective changes in financial position, for the year then ended in accordance with accounting principles generally accepted in the United States of America.
We did not audit the financial statements of the City, which were relied upon for assurance over the cash balances, related interest receivable and related interfund activity with other City funds, represented within the Fund as of June 30, 2025. Those financial statements were audited by other auditors whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for cash balances and City wide interfund activity, are based solely on the report of the other auditors.
Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Emphasis of Matter
As discussed in Note 2 to the financial statements, these financial statements present only the Fund and do not purport to, and do not, present fairly the financial statements of the City as a whole, as of June 30, 2025, and the changes in its financial position for the fiscal year then ended, in accordance with accounting principles generally accepted in the United States of America.
Item 7.6
Mountain House Page 95 of 404
To the City Council To the Members of the City Council
San Joaquin Council of Governments City of Mountain House Stockton, California Mountain House, California
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control, as it relates to the Fund. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the budgetary comparison schedule, as listed on the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 Item 7.6
Mountain House Page 96 of 404
To the City Council To the Members of the City Council
San Joaquin Council of Governments City of Mountain House Stockton, California Mountain House, California
Management has omitted the management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements are not affected by this missing information.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 22, 2025, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Fund’s internal control over financial reporting and compliance.
Sacramento, California
December 22, 2025
3 Item 7.6
Mountain House Page 97 of 404
Assets:
Cash and investments $ 589,638
Due from other agencies 166,787
Interest receivable 753
Total Assets $ 757,178
Liabilities and Fund Balances:
Liabilities:
Due to other City funds $ 135,542
Fund Balance:
Restricted 621,636
Total Liabilities and Fund Balances $ 757,178
CITY OF MOUNTAIN HOUSE , CALIFORNIA
MEASURE K FUNDS NON-TRANSIT PURPOSES
Balance Sheet
30-Jun-25
See Notes to the Financial Statements.
4 Item 7.6
Mountain House Page 98 of 404
Revenues:
Measure K Fund:
Local street repair $ 530,752
Local street repair (safety) 86,402
Interest income 4,482
Total Revenues 621,636
Other Financing Sources (Uses):
Intergovernmental transfers in 588,391
Intergovernmental transfers out (588,391)
Total Other Financing Uses -
Net Change in Fund Balances 621,636
Fund Balances:
Fund Balances, Beginning of Year -
Fund Balances, End of Year $ 621,636
CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUND NON-TRANSIT PURPOSES
Statement of Revenues, Expenses, and Changes in Fund Balance For the Year Ended June 30, 2025
See Notes to the Financial Statements.
5 Item 7.6
Mountain House Page 99 of 404
CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUNDS NON-TRANSIT PURPOSES
Notes to Financial Statements
For the Fiscal Year Ended June 30, 2025
NOTE 1: ORGANIZATION
The City of Mountain House (the City) receives funds under the provisions of the Transportation Development Act (TDA) from the San Joaquin County Local Transportation Fund (LTF) under Article 3, Section 99234 for pedestrian and bicycle facilities. These funds represent amounts set aside by the San Joaquin Council of Governments (SJCOG), the transportation planning agency administering TDA funds, to be allocated for pedestrian and bicycle facilities within the jurisdictions of San Joaquin County and represent up to 2% of the available funds countywide.
The City’s TDA Fund is used to account for these TDA funds received by the City for non-transit purposes, which is reflected in the financial statements of the TDA Fund allocated for non-transit purposes.
The City also receives funds from an ordinance (Measure K) passed by San Joaquin County voters resulting in an increase of one-half of one percent of sales tax for transportation improvements. SJCOG, acting as the Local Transportation Authority, oversees the collection and distribution of the sales tax in accordance with the twentyyear transportation expenditure plan. The plan calls for street repairs, safety and operational improvements on streets and roads, projects to reduce street and highway congestion, and the promotion of passenger rail and bus services as an alternative to travel by automobile. The City Measure K Sales Tax Fund is used to account for these funds, which is reflected in the financial statements of the Measure K Fund.
NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Basis of Presentation
The financial statements of the Measure K Fund of the City have been prepared in accordance with accounting principles generally accepted in the United States of America as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles.
B. Reporting Entity
The financial statements are intended to present the financial position and results of operations of only those transactions recorded in the City’s Funds. These Funds are included in the financial statements of the City.
C. Fund Accounting
The accounts of the City’s Fund allocated for non-transit purposes are organized on the basis of funds. A fund is an accounting entity with a self-balancing set of accounts established to record the financial position and results of operations of a specific governmental activity.
The City utilizes the special revenue fund type of the governmental fund group to account for the activities of the City’s Funds allocated for non-transit purposes. Special revenue funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specific purpose.
D. Basis of Accounting
Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 90 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under the accrual basis of accounting.
E. Short-Term Interfund Receivables/Payables
During the course of operations, numerous transactions occur between individual funds for goods provided or services rendered. The receivables and payables are classified as “due from other agencies” and “due to other agencies” on the balance sheet.
6 Item 7.6
Mountain House Page 100 of 404
CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUNDS NON-TRANSIT PURPOSES
Notes to Financial Statements
For the Fiscal Year Ended June 30, 2025
NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) F. Fund Balance
The City follows the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Governmental funds report fund balance as non-spendable, restricted, committed, assigned, or unassigned based primarily on the extent to which the County is bound to honor constraints on how specific amounts can be spent. At June 30, 2025, fund balance is categorized as follows:
• Restricted Fund balance – amounts with constraints placed on their use that are either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation.
G. Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions. These estimates and assumptions affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from these estimates.
H. Interfund Activity
During the course of operations, numerous transactions occur between individual funds for funding purposes that are accounted for in other funds of the City not presented in these financial statements. These payables are classified as "due to other funds" on the balance sheet.
I. Contingencies
The City receives funding for specific purposes that are subject to review and audit by the granting agencies funding source. Such audits could result in a request for reimbursement for expenditures disallowed under terms and conditions of the contracts. Management is of the opinion that no material liabilities will result from such potential audits.
The City is party to claims and lawsuits arising in the ordinary course of business. The City’s management and legal counsel are of the onion that the ultimate liability, if any, arising from these claims will not have a material adverse impact on the financial position of the funds.
NOTE 3: CASH AND CASH EQUIVALENTS
The cash and investment balances for the Fund are held in the City’s cash and investment pool. The City maintains a cash and investment pool in order to facilitate the management of cash. Interest is allocated to its various funds based upon average cash balances. Investments held in the City’s cash management pool are available on demand to the City. The City’s Funds are allocated for non-transit purposes and are stated at fair value. Information regarding categorization of investments can be found in the City’s financial statements.
NOTE 4: SUBSEQUENT EVENTS
Subsequent events have been evaluated through December 22, 2025, the date these financial statements were available to be issued. There were no subsequent events identified by management which would require disclosure in the financial statements.
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REQUIRED SUPPLEMENTARY INFORMATION
8 Item 7.6
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Variance with
Original Final Actual Final Budget
Revenues:
Measure K Fund:
Local street repair $ - $ 588,391 $ 530,752 $ (57,639)
Local street repair (safety) - - 86,402 86,402
Interest income - - 4,482 4,482
Total Revenues - 588,391 621,636 33,245
Other Financing Uses:
Intergovernmental transfers in - - 588,391 588,391
Intergovernmental transfers out - (588,391) (588,391) - Total Other Financing Uses - (588,391) - 588,391
Change in Fund Balance $ - $ - 621,636 $ 621,636
Fund Balance, Beginning of Year -
Fund Balance, End of Year $ 621,636
Budgeted Amounts
CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUND
Budgetary Comparison Schedule
For the Year Ended June 30, 2025
9 Item 7.6
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CITY OF MOUNTAIN HOUSE, CALIFORNIA
MEASURE K FUND NON-TRANSIT PURPOSES
Note to Required Supplementary Information
For the Year Ended June 30, 2025
NOTE 1: BUDGETARY INFORMATION
The City prepares and legally adopts an operating balanced final budget on or before July 1, of each year. Public hearings are conducted to review all proposed appropriations and the sources of financing before the adoption.
Until the adoption of this balanced final budget, operations are governed by the prior budget, which is approved by the Board of Directors.
The budget is prepared on a modified accrual basis in accordance with generally accepted accounting principles.
Throughout the fiscal year, supplemental appropriations may be made by the Board when revenues are received from unanticipated sources, or from anticipated sources in excess of estimates thereof, or from contingency sources.
The legal level for budgetary control (the level at which expenditures may not exceed budgeted appropriations) is at the fund level.
All amendments or transfers of line-item appropriations within the same fund require the General Manager’s approval. Amendments and transfers of appropriations between funds or that involve the addition or deletion of a project or piece of equipment must be approved by the General Manager. The Board of Directors has authorized the General Manager of the City to make year-end budget adjustments and appropriation transfers within the respective City budgets and funds to provide for expenditures in excess of budgeted amounts.
Budgeted amounts in the budgetary financial schedules are reported as originally adopted and amended during the fiscal year by resolutions approved by the Board of Directors. 10 Item 7.6
Mountain House Page 104 of 404
OTHER REPORTS
11 Item 7.6
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LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON
COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the City Council
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Mountain House
Mountain House, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Measure K Fund (the “Fund”), allocated for non-transit purposes, of the City of Mountain House (the “City”), as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 22, 2025.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as it relates to the Fund, as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.
However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Item 7.6
Mountain House Page 106 of 404
To the City Council To the Members of the City Council
San Joaquin Council of Governments City of Mountain House Stockton, California Mountain House, California
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance relating to the Fund, and the results of that testing, and not to provide an opinion on the effectiveness of City’s internal control or on compliance, as it relates to the Fund. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Sacramento, California
December 22, 2025
13 Item 7.6
Mountain House Page 107 of 404
LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE
To the City Council
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Mountain House
Mountain House, California
Report on Compliance with Transportation Development Act and Measure K Requirements Opinion on Transportation Development Act and Measure K Compliance We have audited the City of Mountain House, California (the “City”)’s compliance with Transportation Development Act (“TDA”) and Measure K requirements that funds allocated to and received by the City were expended in conformance with applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations (Code of Regulations) during the year ending June 30, 2025.
In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on the Measure K Fund, allocated for non-transit purposes, (the “Fund”) of the City for the year ended June 30, 2025.
Basis for Opinion
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of Compliance section of our report.
We are required to be independent of the City, and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of the TDA and Measure K requirements applicable to the City’s Fund.
Item 7.6
Mountain House Page 108 of 404
To the City Council To the Members of the City Council
San Joaquin Council of Governments City of Mountain House Stockton, California Mountain House, California
Auditors’ Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS; Government Auditing Standards; the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations will always detect material noncompliance when it exists.
The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the Transportation Development Act (TDA) and Measure K requirements that funds allocated to and received by the City were expended in conformance with applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations.
In performing an audit in accordance with GAAS; Government Auditing Standards; the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.
Purpose of this Report
The purpose of this report on compliance is solely to describe the scope of our testing of compliance and the results of that testing. Accordingly, this report is not suitable for any other purpose.
Sacramento, California
December 22, 2025
15 Item 7.6
Mountain House Page 109 of 404
LSLCPAS.COM
December 22, 2025
To the Members of the City Council
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Mountain House
Mountain House, California
We have audited the financial statements of the Measure K Fund (the “Fund”), allocated for non-transit purposes, of the City of Mountain House, California (the “City”) for the year ended June 30, 2025. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated December 22, 2025. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City for the Fund are described in the notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year ended June 30, 2025. We noted no transactions entered into by Mountain House during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events.
Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. There were no significant estimates impacting the Fund for the current year.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We are pleased to report that no such misstatements were identified during the course of our audit.
Item 7.6
Mountain House Page 110 of 404
To the City Council To the Members of the City Council
San Joaquin Council of Governments City of Mountain House Stockton, California Mountain House, California
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter dated December 22, 2025.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Fund, financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the auditors of the Fund. However, these discussions occurred in the normal course of our professional relationship, and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to the budgetary comparison schedule for the Fund, which is required supplementary information (“RSI”) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
Future GASB Pronouncements
The following Government Accounting Standards Board (GASB) pronouncements will be effective for the following fiscal years’ audits and should be reviewed for proper implementation by management:
Fiscal Year 2025-2026
GASB Statement No. 103, Financial Reporting Model Improvements.
GASB Statement No. 104, Disclosure of Certain Capital Assets.
Future Projects
Comprehensive Project, Revenue and Expense Recognition.
Major Project, Going Concern Uncertainties and Severe Financial Stress.
Major Project, Infrastructure Assets.
Practice Issue, Subsequent Events.
Item 7.6
Mountain House Page 111 of 404
To the City Council To the Members of the City Council
San Joaquin Council of Governments City of Mountain House Stockton, California Mountain House, California
Restriction on Use
This information is intended solely for the information and use of the Board of Directors of the San Joaquin Council of Governments and City Council and management of Mountain House and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
Sacramento, California
Item 7.6
Mountain House Page 112 of 404
TITLE: Authorize City Manager to Execute an Agreement with Lammersville Unified School District for Use of School Recreation Facilities MEETING DATE: January 14, 2026
PREPARED BY: Laura Johnston, Recreation Manager
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute an agreement with Lammersville Unified School District (LUSD) for the use of school tennis court facilities through December 31, 2027.
BACKGROUND
At the April 10, 2024, Mountain House Community Services Board meeting, the Board authorized the General Manager to execute an agreement with the Lammersville Unified School District (LUSD) for the public use of the tennis courts at Mountain House High School through December 31, 2025.
Parks and Recreation staff subsequently proposed an updated agreement for continued use of the tennis court facilities at the high school to the LUSD Facilities Committee. The Facilities Committee recommended that Lammersville Unified School District Governing Board approve the Tennis Court Agreement with the City of Mountain House, effective January 1, 2026, through December 31, 2027. The District Board approved the agreement at their meeting on December 17, 2025.
DISCUSSION
Staff collaborated with the LUSD Facilities Committee to create a proposed agreement (Exhibit A) that outlines the terms for community recreational use of the tennis courts. Key points include:
Term: January 1, 2026 – December 31, 2027. Either party can terminate with 30 days’ notice. Facilities Covered: Designated tennis courts at Mountain House High School. Changes require mutual written agreement.
Public Access: Saturdays and Sundays, dawn to dusk, with additional access possible by agreement including holidays and summer break.
City Obligations:
Designate a staff liaison.
Enforce High School Tennis Court rules.
Provide personnel for opening/closing courts during public hours. Inspect courts and report damage promptly.
LUSD Obligations:
Item 7.7
Mountain House Page 113 of 404
Notify City of court availability annually.
Designate a staff liaison.
Provide access, keys, security, custodial support, and routine maintenance. Fees:
LUSD waives standard usage fees.
City collects rental fees via online system, remitting net revenue to LUSD. Liability & Insurance:
City provides commercial general liability and worker’s compensation insurance; LUSD is named additional insured.
Mutual indemnification for negligence.
Compliance: All activities must comply with applicable state and local laws.
FISCAL IMPACT
The City shall collect fees for rentals and shall remit such rental fees, less processing fees, to LUSD after deducting the annual fee of $50 for insurance and a monthly fee of $30 for the six tennis courts. The Tennis Court Policy requires a $100 deposit for league, tournament, and commercial reservations. If Cityprovided custodial services are required for those events, the renter’s deposit will be used to cover the cost. Rank Security will already be on duty at dawn and dusk on weekends and will be available to open and close the facility.
STRATEGIC PLAN
Working collaboratively with LUSD to provide enhanced recreational opportunities for the community provides a means to fulfill the following strategic plan objective:
Utilize the Recreation Strategic Plan to plan and implement recreation programs that will engage the community and are within the financial and personnel resources of the City.
CEQA
Not applicable.
ACTION FOLLOWING CITY COUNCIL APPROVAL
The City Manager will execute an agreement with LUSD for the use of the tennis courts and those facilities will continue to be available to the public through the online reservation system.
ATTACHMENTS
Item 7.7
Mountain House Page 114 of 404
A. Proposed agreement with LUSD for the use of school recreation facilities.
Item 7.7
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Item 7.7
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Item 7.7
Mountain House Page 117 of 404
Item 7.7
Mountain House Page 118 of 404
Item 7.7
Mountain House Page 119 of 404
Item 7.7
Mountain House Page 120 of 404
TITLE: Council Member Compensation
MEETING DATE: January 14, 2026
PREPARED BY: Margaret Wimberly, City Clerk
RECOMMENDATION
Staff recommends that the City Council waive the second full reading and adopt 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
On December 12, 2025, the City Council waived the first reading of the 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.
Item 7.8
Mountain House Page 121 of 404
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.
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 7.8
Mountain House Page 122 of 404
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.
Item 7.8
Mountain House Page 123 of 404
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:
Item 7.8
Mountain House Page 124 of 404
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.
Item 7.8
Mountain House Page 125 of 404
TITLE: Award Contract for Housing Element Update
MEETING DATE: January 14, 2026
PREPARED BY: Jailah Smith, Contract Planner
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute a Consultant Agreement with PlaceWorks for preparation of the City of Mountain House Housing Element, as required by California Government Code Section 65580, in an amount not to exceed $134,433, with a contract term extending through December 31, 2027, and to take all actions necessary to carry out the intent of this action.
BACKGROUND
California State law requires that all cities adopt and periodically update a Housing Element as part of their General Plan. Pursuant to Government Code Section 65583, the Housing Element must address specific statutory requirements related to housing needs, site inventory, constraints to housing production, and implementation programs to accommodate the City’s assigned Regional Housing Needs Allocation (RHNA).
The Housing Element is subject to a distinct statutory review and certification process by the California Department of Housing and Community Development (HCD) and must be updated on an eight-year cycle.
As a newly incorporated city, the City of Mountain House is required to prepare and adopt its first Housing Element in compliance with State law and HCD requirements.
DISCUSSION
On September 29, 2025, staff issued a Request for Proposals (RFP) to qualified consultants for preparation of the City’s first Housing Element and associated environmental compliance documentation. Five responsive proposals were received by the October 31, 2025 deadline from the following firms:
• PlaceWorks
• 4LEAF, Inc.
• EMC Planning Group
• GHD Inc.
• Precision Civil Engineering
A review committee consisting of City contract planning staff evaluated the proposals based on project understanding, qualifications and experience, approach to State Housing Element requirements, Item 8.1
Mountain House Page 126 of 404
references, and proposed budget. Emphasis was placed on demonstrated experience preparing Housing Elements for California jurisdictions, familiarity with the HCD review and certification process, and the ability to manage required public outreach and interagency coordination.
Based on the evaluation criteria and overall proposal strength, the review committee unanimously selected PlaceWorks as the most qualified consultant to prepare the City’s Housing Element. In addition to demonstrating a strong understanding of statutory requirements and a clear, organized approach to the scope of work, PlaceWorks has recently completed Housing Element work for San Joaquin County.
This experience provides PlaceWorks with direct familiarity with regional housing conditions, RHNA assumptions, and HCD expectations applicable to Mountain House, and staff received positive feedback regarding PlaceWorks’ performance and ability to successfully navigate the HCD review process.
The Housing Element will be prepared separately from the City’s comprehensive General Plan, which is currently being developed by De Novo Planning Group. This approach is consistent with State law, as the Housing Element follows a separate preparation, review, and approval process and is subject to a distinct eight-year update cycle administered by HCD.
FISCAL IMPACT
The total not-to-exceed cost of the Consultant Agreement with PlaceWorks is $134,433. The project will be funded through the Community Development operating budget (Account No. 101-1420-6500) and allocated across two fiscal years, with $60,000 in Fiscal Year 2025-26 and $74,433 in Fiscal Year 2026-27.
Sufficient appropriations are included in the Fiscal Year 2025-26 adopted budget, and funding for Fiscal Year 2026-27 will be programmed through the City’s annual budget adoption process.
STRATEGIC PLAN
Preparation of the Housing Element supports the City’s Strategic Plan by advancing the update of the General Plan and establishing policies and programs that address housing needs, affordability, and compliance with State housing law.
CEQA
Environmental compliance documentation required under the California Environmental Quality Act (CEQA) is included in the Housing Element scope of work and project budget. It is anticipated that the Housing Element CEQA analysis will tier from the Program-Level Environmental Impact Report being prepared as part of the General Plan Update currently underway.
ACTION FOLLOWING CITY COUNCIL APPROVAL
Item 8.1
Mountain House Page 127 of 404
Upon Council authorization, the City Manager, or designee, will execute the Consultant Agreement. Staff will coordinate with the consultant to initiate the project, conduct public outreach, and return to the City Council at key milestones as required.
ATTACHMENTS
A. Consultant Agreement with PlaceWorks
Item 8.1
Mountain House Page 128 of 404
251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 ʀ (209) 831-5610 FAX
CONSULTANT AGREEMENT
CONTRACT ID # A-2526-45
DATE: ______________
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: Placeworks, Inc.
101 Parkshore Drive, Suite 200
Folsom, CA 95630
The Parties agree as follows:
1. Priority of Documents:
Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:
$ Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.
B. Consultant’s Proposal dated October 31, 2025.
2. Terms of Services:
2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide 2023-2031 Housing Element & Environmental Compliance Documentation, as further described in Exhibit A, Scope of Service (the “Work”).
2.2 Term of Agreement. This Agreement shall commence on the date fully executed by the City Manager and continue until December 31, 2027. unless said Work is completed on a date prior thereto or unless terminated earlier as provided herein. Consultant shall complete the Work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
ATTACHMENT A
Item 8.1
Mountain House Page 129 of 404
CONTRACT ID # A-2526-45
2 provided to Consultant to complete the services required by this Agreement shall not affect City of Mountain House’s right to terminate the Agreement, as referenced in Section 8.
2.3 Standard of Performance. Consultant shall perform all Work in a first-class manner in conformance with the standards of quality normally observed by a person practicing in Consultant’s profession.
2.4 Inspection. All Work performed and materials (if any) provided by Consultant shall be subject to inspection and approval by City of Mountain House.
2.5 Consultant’s Warranties and Guarantee. Consultant warrants to City of Mountain House that all materials and equipment furnished under this Agreement will be new unless City of Mountain House agrees otherwise in writing, and that all Work will be of good quality, free from faults and defects and in conformance with this Agreement. All Work not so conforming to these standards may be deemed defective by City of Mountain House. If required by City of Mountain House, the Consultant shall furnish to City of Mountain House satisfactory evidence as to the kind and quality of materials, equipment, and methods of installation by the Consultant or sub-Consultants.
Consultant shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following City of Mountain House’s acceptance of the Work (“Consultant’s Guarantee”). As part of Consultant’s Guarantee, Consultant agrees to make, at Consultant’s sole cost and expense, all repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period.
2.6 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City of Mountain House, in its sole discretion and at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of Mountain House of such desire of City of Mountain House, reassign such person or persons.
2.7 Time is of the Essence. The parties agree time is of the essence. Consultant shall devote such time to the performance of the Work as may be reasonably necessary to timely finish the Work, meet the standard of performance provided in Section 2.3 above, and satisfy Consultant’s obligations hereunder.
2.8 Public Works Requirements. Because the Work described in Exhibit A constitutes a public works within the definition of Section 1720(a)(1) of the Labor Code, Consultant is required to comply with the provisions of the Labor Code applicable to public works projects, as further described in Exhibit D. Consultant shall waive, indemnify, hold harmless, and defend City of Mountain House concerning any liability arising out of Labor Code Section 1720 et seq.
3. Terms of Payment.
3.1 Compensation. City of Mountain House hereby agrees to pay Consultant a sum not to exceed one hundred thirty-four thousand, four hundred thirty-three dollars ($134,433.00)
ATTACHMENT A
Item 8.1
Mountain House Page 130 of 404
CONTRACT ID # A-2526-45
3 notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically authorized by City of Mountain House in writing, Consultant shall not bill City of Mountain House for duplicate services performed by more than one person.
Consultant and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Consultants of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and sub-Consultants may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.
3.2 Invoices. Consultant shall submit invoices not more often than once a month during the term of this Agreement based on the cost for services performed and reimbursable costs incurred prior to the invoice date via e-mail to [email protected]. Invoices delivered to any other e-mail address will be deemed undelivered and not paid.
Invoices shall contain the following information:
a. Contract ID number;
b. Federal Tax Payer Identification Number;
c. The beginning and ending dates of the billing period; d. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
e. At City of Mountain House’s option, for each Work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the Work, the hours spent by each person, a brief description of the Work, and each reimbursable expense;
f. The total number of hours of Work performed under the Agreement by Consultant and each employee, agent, and sub-Consultant of Consultant performing services hereunder; and
g. The Consultant’s signature.
3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable
ATTACHMENT A
Item 8.1
Mountain House Page 131 of 404
CONTRACT ID # A-2526-45
4 costs incurred. City of Mountain House shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.4 Final Payment; Retention Payment. If all services required have been satisfactorily performed, City of Mountain House shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion and acceptance of the Work, or other applicable event under law, and submittal to City of Mountain House of a final invoice.
3.5 Total Payment.
a. City of Mountain House shall pay for the Work performed by Consultant pursuant to this Agreement. City of Mountain House shall make no payment for any extra, further, or additional service pursuant to this Agreement. b. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. c. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant in excess of the maximum amount of compensation provided herein unless the Agreement is modified prior to the performance of such Work or services. d. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant for Work or services performed after the expiration or termination of this Agreement unless the Agreement is modified prior to the performance of such Work or services.
3.6 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for Work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
3.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B.
Reimbursable expenses not listed in Exhibit B are not chargeable to City of Mountain House. Reimbursable expenses shall not include a mark-up and shall be billed as a direct costs. In no event shall expenses be advanced by City of Mountain House to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
3.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
3.9 Payment upon Termination. In the event that City of Mountain House or Consultant terminates this Agreement pursuant to Section 8, City of Mountain House shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for Work satisfactorily completed as of the date of written notice of termination.
ATTACHMENT A
Item 8.1
Mountain House Page 132 of 404
CONTRACT ID # A-2526-45
5 Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
3.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
4. Consultant’s Status:
4.1 Independent Consultant. In the performance of the Work, duties, and other obligations imposed by this Agreement, the Consultant is at all times acting as an Independent Consultant practicing his or her profession and not as an employee of City of Mountain House. Consultant shall perform the Work in accordance with currently approved methods and standards of practice in the Consultant’s professional specialty. A copy of Consultant’s current business license shall be provided to City of Mountain House. The Consultant shall not have any claim under this Agreement or otherwise against City of Mountain House for vacation, sick leave, retirement benefits, social security or worker’s compensation benefits. The Consultant shall be responsible for federal and state payroll taxes such as social security and unemployment. San Joaquin County will issue a form 1099 at year-end on behalf of City of Mountain House for fees earned.
4.2 Consultant Not an Agent. Except as City of Mountain House may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City of Mountain House in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City of Mountain House to any obligation whatsoever.
4.3 Non-Exclusive Rights. This Agreement does not grant to Consultant any exclusive privileges or rights to provide services to City of Mountain House. Consultant may contract with other agencies, private companies, or individuals for similar services.
5. Legal Requirements.
5.1 Compliance. Consultant shall comply with all Federal, State and local laws, regulations and requirements necessary for performance of the Work. Consultant shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.
5.2 Licenses and Permits. Consultant represents and warrants to City of Mountain House that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for the performance of the Work. Consultant represents and warrants to City of Mountain House that Consultant and its employees, agents, and any sub-Consultants shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to perform the Work.
5.3 Conflict of Interest Statement. Consultant covenants that Consultant, its officers or employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of the
ATTACHMENT A
Item 8.1
Mountain House Page 133 of 404
CONTRACT ID # A-2526-45
6 Work. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Consultant under this Agreement. Consultant shall not hire City of Mountain House’s employees to perform any portion of the Work, including secretarial, clerical, and similar incidental services, except upon the written approval of City of Mountain House. Performance of the Work by associates or employees of Consultant shall not relieve Consultant from any responsibility under this Agreement.
5.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, gender identity, or sexual orientation against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant pursuant to this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
5.5 Drug Free Workplace. Consultant shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.
5.6 Form Law. The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
5.7 Subcontracts. Consultant shall include the provisions of this Section 5 in any subcontract approved by the Contract Administrator or this Agreement.
6. Indemnification, Hold Harmless and Defense.
To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend City of Mountain House, its directors, officers, employees, agents and authorized volunteers, and each of them, from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to City of Mountain House’s property, arising out of Consultant’s alleged negligence, or wrongful acts related to or in connection with Consultant’s performance of duties under the terms and conditions of this Agreement.
To the fullest extent permitted by law, City of Mountain House shall indemnify, hold harmless and defend the Consultant, its directors, officers, employees, agents and each of them (collectively referred to as “Consultant Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to the Consultant’s property, arising out of City of Mountain House’s
ATTACHMENT A
Item 8.1
Mountain House Page 134 of 404
CONTRACT ID # A-2526-45
7 alleged negligence, or wrongful acts related to or in connection with City of Mountain House’s performance of duties under the terms and conditions of this Agreement.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by Civil Code Section 2782.
7. Insurance.
Before beginning any Work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance described in Exhibit C, incorporated herein, against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Consultant and its agents, representatives, employees, and sub-Consultants. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of Mountain House of such insurance that meets the requirements of Exhibit C and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning Work to City of Mountain House. Consultant shall maintain the insurance policies required by Exhibit C throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s proposal. Consultant shall not allow any sub-Consultant to commence Work on any subcontract until Consultant has obtained all insurance required by Exhibit C for the sub-Consultant(s) and provided evidence that such insurance is in effect to City of Mountain House. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
8. Termination and Modification.
8.1 Termination. City of Mountain House may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon sixty (60) days’ written notice to City of Mountain House and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City of Mountain House, however, may condition payment of such compensation upon Consultant delivering to City of Mountain House any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City of Mountain House in connection with this Agreement.
8.2 Extension. City of Mountain House may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2.2. Any such extension shall require a written amendment to this Agreement, as provided for herein. The City of Mountain House City Manager is hereby authorized to negotiate and execute such extension.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
ATTACHMENT A
Item 8.1
Mountain House Page 135 of 404
CONTRACT ID # A-2526-45
8 8.4 Assignment and Subcontracting. City of Mountain House and Consultant recognize and agree that this Agreement contemplates performance of specialized services by Consultant and is based upon a determination of Consultant’s unique competence, experience, and specialized knowledge. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the Contract Administrator. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City of Mountain House and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City of Mountain House’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different Consultant to complete the Work described in Exhibit A not finished by Consultant; or
d. Charge Consultant the difference between the cost to complete the Work described in Exhibit A that is unfinished at the time of breach and the amount that City of Mountain House would have paid Consultant pursuant to Section 3 if Consultant had completed the Work.
9. Miscellaneous.
9.1 Contract Administrator. The Consultant Administrator shall be designated, and may be changed, by the City of Mountain House City Manager in writing.
9.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be effected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise designated by either party in writing, such notices shall be mailed as shown on the first page of this Agreement.
9.3 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City of Mountain House shall be personally liable to Consultant in the event of any default or breach by City of Mountain House or for any amount that may become due to Consultant pursuant to this Agreement.
9.4 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing
ATTACHMENT A
Item 8.1
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CONTRACT ID # A-2526-45
9 party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled.
9.5 Documents. All drawings, specifications, documents and other memoranda or writings relating to the Work hereunder, shall remain or become the property of City of Mountain House upon termination of this Agreement, whether executed by or for the Consultant for City of Mountain House, or otherwise, by or for the Consultant, or by or for a subConsultant operating under the Consultant’s supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to City of Mountain House forthwith upon termination or completion of the Work under this Agreement. Prior to termination Consultant shall deliver to City of Mountain House any such records upon request.
9.6 Force Majeure. It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/Consultant or the purchaser.
9.7 Waiver. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.
9.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the parties, any rights or remedies hereunder.
9.9 Headings. The headings of the sections and exhibits of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and are not to be used in its construction.
9.10 Entire Agreement and Modification. This Agreement supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.
9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. *Signatures on following page*
ATTACHMENT A
Item 8.1
Mountain House Page 137 of 404
CONTRACT ID # A-2526-45
10 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.
Placeworks, Inc. City of Mountain House
State of California
By: ____________________________
Kara Kosel
Contracts Manager
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:
By: ___________________________
John Bakker
City Attorney
ATTACHMENT A
Item 8.1
Mountain House Page 138 of 404
CONTRACT ID # A-2526-45
11 EXHIBIT A
SCOPE OF SERVICES
[Attached]
ATTACHMENT A
Item 8.1
Mountain House Page 139 of 404
2023-2031 HOUSING ELEMENT
&
ENVIRONMENTAL COMPLIANCE DOCUMENTATION
RFP CDD26-01
REQUEST FOR PROPOSALS
Proposals must be submitted to the City of Mountain House by:
3:00 PM on Friday, October 31, 2025
The City of Mountain House will reject any proposals received after the date and time noted above.
Proposals will be evaluated by the Selection Committee for review following the criteria set forth within this RFP.
INQUIRIES REGARDING THIS RFP: Do not contact City personnel other than the person indicated below.
If needed, please send a single email inquiry if there are multiple questions concerning the scope of professional services required.
Jailah Smith, Contract Planner: [email protected], (209) 599-8377
ATTACHMENT A
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HOW TO RESPOND TO THIS RFP: To appropriately respond to this RFP, please submit 1 electronic copy (PDF) of the proposal to the following address:
Submit electronic copy to MH Contracts at [email protected].
DUE DATE: This proposal is due by 3:00 PM on Friday, October 31, 2025. Proposers are solely responsible for ensuring timely receipt of proposals. Submittals received after the due date will not be considered.
Postmark date will not constitute timely delivery. The proposal must arrive at the address noted above before 3:00 p.m. (Pacific Time) on the closing date listed below.
The RFP timeline for selection is as follows:
Distribution of RFP Monday, September 29, 2025
Questions Due Friday, October 17, 2025
Questions Answered Friday, October 24, 2025
Due date for response to RFP Friday, October 31, 2025
Complete Evaluation of Proposals Friday, November 14, 2025 Interviews, if needed (tentative) Friday, November 21, 2025 City Council Consideration/Approval (tentative) Wednesday, January 14, 2026 Agreement Effective Date Thursday, January 15, 2026
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TABLE OF CONTENTS
1. THE CITY OF MOUNTAIN HOUSE ...................................................................................................... 3
2. Introduction ............................................................................................................................. 4
3. Description of Procurement Process ........................................................................................ 4
3.1 Designated Contact ..................................................................................................... 4
3.3 Questions and Inquiries ............................................................................................... 5
3.4 Procurement Process and Schedule ............................................................................ 5
3.5 Interviews .................................................................................................................... 6
3.6 City’s Rights and Options ............................................................................................ 6
3.7 Responsibilities of the Contractor .............................................................................. 6
3.8 Conditions for Proposal Acceptance .......................................................................... 7
4. Background .............................................................................................................................. 8
5. Project Overview ...................................................................................................................... 9 6 Scope of Services ...................................................................................................................... 9
7. Organization and Content of Proposal ................................................................................... 14
8. Evaluation And Selection Criteria ........................................................................................... 17
1. A) Short-List Selection .............................................................................................................................. 18
2. B) Short-List Selection .............................................................................................................................. 19
3. C) Final Selection ...................................................................................................................................... 20
4. D) Solution Confirmation / Best and Final Offer ..................................................................................... 20
5. E) Contract Negotiation ........................................................................................................................... 20
9. Proposal terms and conditions .............................................................................................. 21 Exhibit – signature sheet ................................................................................................................. 24 Attachment A – ^ample agreement
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City of Mountain House 2023-2031 Housing Element and Environmental Compliance Documentation
RFP CDD26-01
1. THE CITY OF MOUNTAIN HOUSE
The City of Mountain House is an all-inclusive, family-oriented community that serves today's vibrant and exhilarating lifestyle. Mountain House is a Master Planned community located in San Joaquin County. The population of Mountain House is approximately 28,000, with an ultimate planned buildout of 44,000.
The government agency of Mountain House was formed in 1996. The Mountain House community reached 1,000 registered voters, which prompted a vote for independence in the Spring of 2008 and an independent local Board of Directors in the Fall of 2008. The MHCSD Board of Directors set policies, ordinances, and regulations to benefit Mountain House residents. The MHCSD Board of Directors appointed the MHCSD General Manager.
The General Manager was responsible for administering all government activities for the Mountain House community and appoints the Department heads. The MHCSD is one of the few public agencies that enforce Master Restrictions, similar to Conditions, Covenants & Restrictions (CC&Rs).
In unincorporated areas, basic services like water, sewer, security, and fire protection are usually provided by the county. Because counties often consist of large and diverse geographical areas, providing a consistent and adequate service level across all areas can be difficult. Consequently, the Community Services District Law (Government Code §61000- 61850) was created to provide an alternate method of providing services in unincorporated areas. The law allows residents of an unincorporated area to initiate the formation of a community services district (also referred to as “CSD”). A CSD is authorized to provide a wide variety of services, including water, garbage collection, wastewater management, security, fire protection, public recreation, street lighting, mosquito abatement, conversion of overhead utilities to underground, library services, ambulance services, and graffiti abatement. A CSD may span unincorporated areas of multiple cities and/or counties. A CSD may issue bonds or form an improvement district to issue bonds, as any City or County might do. Any bond issuance or other long-term debt will require a 2/3rds majority approval of registered voters residing within the CSD. Mountain House successfully transitioned from a Community Service District to an incorporated city on July 1, 2024.
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2. INTRODUCTION
The City of Mountain House was incorporated on July 1, 2024, as the 483rd City in the State of California. The city is currently operating on an interim basis with the adoption of the County of San Joaquin’s General Plan. According to Government Code Section 65584.07, the City of Mountain House has 30 months to develop and adopt their own Housing Element from city incorporation. The Mountain House Master Plan currently serves as the City’s primary policy document, guiding all growth and development for the community.
This Master Plan was originally adopted by the Board of Supervisors in 1994 as a Specific Plan and therefore does not include the mandatory Housing Element as defined by Government Code Section 65302.
3. DESCRIPTION OF PROCUREMENT PROCESS
3.1 Designated Contacts
The primary contact for all inquiries regarding this solicitation is:
Jailah Smith – Contract Planner
209-599-8377
[email protected]
The secondary contact for inquiries regarding this solicitation is:
John B. Anderson – Contract Planner
[email protected]
All communications must be directed to Ms. Smith and/or Mr. Anderson, with no exceptions.
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3.2 Additional Information
Requests for additional information shall be directed to the designated contact(s). If the City agrees to provide additional information, Proposers will be notified by addendum.
Some information may be available in different formats, and Proposers will need to make arrangements in order to view the materials.
3.3 Questions and Inquiries
Questions concerning this RFP should be submitted via email to the designated contact(s) by 4:00 p.m. on Friday, October 17, 2025. Responses will be emailed to all as quickly as possible, with a deadline for all questions that will be answered by Friday, October 24, 2025.
3.4 Procurement Process and Schedule
A summary procurement schedule of the major activities associated with this solicitation process is presented below.
Activity Date
Questions Due Friday, October 17, 2025
Questions answered Friday, October 24, 2025
Proposals Due Friday, October 31, 2025
Potential Interviews Friday, November 21, 2025
Notification of Selection Friday, December 19, 2025
Anticipated Contract Award Wednesday, January 14, 2026
Anticipated Start Date Thursday, January 15, 2026
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3.5 Interviews
The City reserves the right to interview all or some of the firms that submit a proposal for this RFP. Interviews may be conducted in person at the City’s offices.
3.6 City’s Rights and Options
The City, at its sole discretion, reserves the following rights:
x To supplement, add to, delete from, and/or change this solicitation document. x To determine which Proposer(s), if any, should be selected for interviews and negotiations.
x To reject any or all proposals, delay or suspend the procurement, re-advertise, or cancel the procurement.
In the interest of the city or the public, the city may take action:
x To supplement, amend, substitute, or otherwise modify this RFP at any time. x To provide clarifications and help clarify any ambiguities. x To request additional data or information after the submittal date, if such data or information is considered pertinent, in the City’s sole view, to aid the review and selection process.
x To conduct investigations concerning the qualifications and experience of each Proposer.
x To require one or more Proposers to supplement, clarify, or provide additional information for the City to evaluate the proposals received. x To waive any informality, minor defect, or technicality in any proposal received. x To negotiate a final contract in the City's and the public's best interest.
3.7 Responsibilities of the Contractor
The City shall not be liable for any expenses incurred by potential Contractors (Proposers) in preparing or submitting their proposals. Pre-contractual expenses are not to be included in the Proposer’s pricing sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:
a. Preparing a proposal in response to this RFP.
b. Submitting the proposal to the city.
c. Negotiating with the City any matter related to the proposal. d. Any other expenses incurred by the Proposer before the date of the award and execution of the contract, if any; and any expense after the award that is not directly related to the services provided and is not to the benefit of the City.
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3.8 Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs the Contractor incurred for any services. At its sole discretion, the City reserves the right to accept or reject any or all proposals received in response to this RFP, negotiate with any qualified source(s), or cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal. Proposals that appear unrealistic in terms of technical commitments, lack technical competence or are indicative of a failure to comprehend the complexity and extent of this contract may be rejected. All materials submitted will become the property of the City. If any proprietary information is contained in the proposal, it should be identified as such and submitted separately.
Upon recommendation of contract award, the selected Proposer will be required to submit the following documents within ten (10) days of notification, unless otherwise specified in the solicitation:
x Certificates of Insurance - Coverage as specified in the sample contract x W-9 – Current signed form W-9 (Taxpayer Identification Number & Certification) which includes Contractor’s legal business name(s)
x Business License – Copy of business license from Proposer's place of business
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4. BACKGROUND
The City of Mountain House is in western San Joaquin County. Development activity in Mountain House is facilitated by way of a comprehensive Master Plan and three (3) Specific Plans. City governance is comprised of a City Manager, Mayor, and four (4) City Council members. The City Council currently serves a double role as the Planning Agency. The City intends to establish a Planning Commission when feasible.
Construction of backbone infrastructure in Mountain House began in 1996 and home construction began in 2003. As of 2024, Mountain House has reached a population of 29,000, representing the halfway mark in terms of an anticipated buildout. The Master Plan envisions a community with 12 separate neighborhoods ("Villages"), plus a Town Center that will provide about 21,000 jobs. In addition, each Village has a K-8 elementary school, neighborhood park, and commercial site. Full build out of the City will have approximately 16,000 dwelling units with an estimated population of 45,000 residents.
The City currently services approximately 8,350 rooftops, with an average of 200 to 400 new homes built per year.
The City is currently working with approximately 10 home builders who anticipate building between 500 and 750 homes during the 2025 calendar year.
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The Mountain House Community Services District (established in 2008) is an independent agency of the City and is one of the few public agencies that enforce Master Restrictions, similar to Covenants, Conditions & Restrictions (CC&Rs).
The following documents should be reviewed when preparing proposals:
1. County of San Joaquin General Plan
2. City of Mountain House Master Plan and Specific Plans I, II, and III
3. City of Mountain House Development Code
4. City of Mountain House Design Manuals
5. PROJECT OVERVIEW
The City of Mountain House is seeking proposals from qualified consultants to prepare the City’s 6th Cycle Housing Element, including environmental analysis and clearance documentation under the California Environmental Quality Act (CEQA). Emphasis will be placed on developing a document to implement current state law. The City is seeking qualified consultants to develop a recommended approach and strategy to:
x Prepare a Housing Element meeting all state and regional requirements and Regional Housing Needs Assessment (RHNA) targets, as adopted by the San Joaquin Council of Governments on September 22, 2022 (Attachment B).
x Ensure proper public engagement.
x Complete the required CEQA documentation.
x Use the City’s limited resources efficiently; and,
x Ensure the update is completed in a timely manner and is certified by the California Department of Housing and Community Development (HCD).
The proposed element will ensure the City’s compliance with all state and regional requirements and is legally defensible.
6 SCOPE OF SERVICES
It shall be the responsibility of the consultant to work with the City to produce a Housing Element prepared in compliance with State Housing Element Law, and that meets the legal standards and best practices as mandated by HCD. Details from HCD can be located at the following link:
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x https://www.hcd.ca.gov/community-development/housing-element/index.shtml.
The consultant shall assist staff with the RHNA and Housing Element update, pursuant to the State of California Government Code Sections 65580-65589.8 and shall accomplish the following tasks:
A. Project Management and Staff Coordination
Consultant shall:
1. Attend a project kick-off meeting with City staff to begin the Housing Element process.
2. Lead regular check in meetings with City Staff and project team.
3. Provide and maintain an Internet-based folder (or other agreed to platform) for all project materials accessible to City staff and consultants.
4. Provide regular e-mail progress reports to the City staff.
5. Coordinate with City Staff and HCD as necessary.
B. Existing Conditions and Needs
1. Review the Mountain House Master Plan and other supporting materials as needed to gain insight and understanding of the City’s housing progress and priorities.
C. Regional Housing Needs Assessment (RHNA)
1. Review City’s vacant and underutilized land inventory.
2. Review the City’s RHNA allocation;
3. Develop and prepare Land Inventory Assessment, in accordance with State Law;
4. Senate Bill 6 applicability and compliance.
D. Public Participation and Community Workshops
Consultant will propose an appropriate community outreach program that meets State HCD standards and meaningfully engages a broad array of community interests in the Housing Element update process. Consultant is expected to prepare branded outreach materials for distribution and communication/advertising purposes. Provide an overview of public outreach strategies to be used for this project including the use of technology outreach platforms and activities. The community outreach program may include a focus group consisting of internal and external stakeholders that may meet once per month for the entire project schedule. The city expects that the public outreach and engagement will include multiple meetings/workshops throughout the update process in addition to the City Council meetings outlined below.
Consultant shall submit the outreach program to the City for review, comment, and approval within sixty (60) days of contract engagement.
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E. Assessment of Housing Needs
Prepare an updated assessment of housing needs in Mountain House, and an inventory of resources and constraints relative to meeting those needs, in conformance with Government Code Section 65583(a). Consultant will obtain and analyze demographic, economic, infrastructure and housing data needed to complete this task.
F. Coordination with General Plan Preparation
Consultant shall coordinate with De Novo Planning Group to ensure consistency with the City’s General Plan Update Project. It is anticipated that the General Plan will go to the City Council for approval by December of 2026.
G. Preparation of Draft and Final Housing Element
Consultant shall produce a draft Housing Element prepared in compliance with all applicable state and federal laws, including all tables, maps, etc., and shall include but not limited to the following:
1. The assessment and inventory described in Section E above.
2. Updated housing, population, demographic, and employment data to coincide with recent San Joaquin County growth projections.
3. Assessment of the housing and market conditions and immediate needs within the City, including special housing needs.
4. Identification of actual and potential constraints on the maintenance, improvement, and development of housing for all income levels.
5. A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
6. Analysis of housing opportunities, along with an "adequate sites analysis" showing the relationship between the City's RHNA allocation, and the City’s dwelling unit capacity, availability of potential housing sites based on zoning, infrastructure, and General Plan policies, requirements, and limitations. If needed, the consultant will also collaborate with City staff to identify potential zoning strategies to address the need for additional housing unit capacity.
7. AFFH Analysis – Fair Housing Analysis in accordance with Government Code Section 65583(a)(10)(A); and,
8. A Housing Element (2023-2031) implementation program including, but not limited to, a schedule of actions during the planning period; quantifiable objectives and programs to address housing needs for all income levels, the elderly, veterans, and populations with disabilities, special needs, or experiencing homelessness; and meaningful actions to affirmatively further fair housing.
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H. Hearing Attendance and Presentation Materials
Consultant will prepare or assist in the preparation of draft staff reports, exhibits, and presentations to Planning Commission and City Council. Consultant will also be prepared to attend at least two (2) public hearings/study sessions held by the City Council. (Staff anticipates one (1) study session and one (1) City Council public hearing).
I. Environmental Document (CEQA)
Prepare, post, and file all the appropriate environmental documents for compliance with the California Environmental Quality Act (CEQA), including the Initial Study, Notice of Intent to Adopt a Mitigated Negative Declaration, or other CEQA determinations as applicable, Response to Comments, Mitigation Measures, Mitigation Monitoring Program, and Notice of Completion. In addition, the consultant will be responsible for preparing all notices and mailings for SB 18 Tribal Consultation.
J. Deliverables
1. Administrative Draft: Prepare and submit one (1) hard copy, (1) electronic copy in Microsoft Word, and one (1) complete PDF copy of the Administrative Draft Housing Element for City staff to review and comment upon in accordance with the project's schedule. Design of the draft (text, font, graphics, tables, figures, and picture placement) to match the General Plan document format and quality.
2. Public Review Draft Housing Element: Revise the Administrative Draft Housing Element to incorporate staff's comments and submit one (1) hard copy, one (1) electronic copy in Microsoft Word, and one (1) PDF copy of the Draft Housing Element to the City for distribution to the City Council, the Planning Commission, and the general public for review and comment for a minimum of 30 days;
3. HCD Review Draft Housing Element #1: Revise the Public Review Draft Housing Element to incorporate public comments and submit (1) electronic copy in PDF to HCD for a 90- day review;
4. HCD Review Draft Housing Element #2: Revise the HCD Review Draft Housing Element #1 to address and incorporate HCD comments and post one (1) electronic PDF copy to the City’s website for a seven-day period for public comments and then submit to HCD for a 60-day review period.
5. HCD Review Draft Housing Element #3: Revise the HCD Review Draft Housing Element #2 to address and incorporate HCD comments and post one (1) electronic PDF copy to the City’s website for a seven-day period for public comments and then submit to HCD for a 60-day review period.
6. Final Draft Housing Element: Incorporate comments from HCD, City staff, and public comments to prepare a Final Draft Housing Element and submit one (1) electronic PDF copy to HCD for final certification. Upon determination of compliance by HCD of the Final Draft Housing Element, the consultant will submit ten (10) bound copies, one (1)
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electronic copy in Microsoft Word format, and one (1) PDF of the Final Draft Housing Element (2023-2031) for distribution to the Planning Commission and the City Council for final adoption at corresponding public hearings;
7. Prepare, post, and file the appropriate administrative draft and public draft environmental documents for compliance with the California Environmental Quality Act (CEQA).
8. Submit public engagement strategy memo to City staff for review within sixty (60) days of contract engagement.
9. Prepare addendum and revisions to draft documents both in response to City input and comments from HCD, including tracking of said revisions, for posting to the City’s website.
10. Attend, present, and participate in a minimum of two (2) public meetings which may include City Council meetings, or study session meetings, and public hearings as required by the City.
11. Prepare public meeting presentation materials, memos, letters, resolutions, findings of fact, CEQA notices, and other documents as required by the city.
12. Assist in the preparation of staff reports and exhibits for Planning Commission and City Council.
13. Upon adoption of the Final Draft Housing Element by the City Council, the consultant will prepare a final adopted version with the date of adoption prominently displayed on the front cover and throughout the document to distinguish it as the official document from other versions of the Housing Element. The consultant shall provide ten (10) bound copies, one (1) electronic copy in Microsoft Word, and one (1) PDF of the adopted Housing Element for distribution to HCD, City departments, and other stakeholders; and
14. The consultant shall assist the City in achieving State certification of the Housing Element after adoption by the City Council and shall perform all tasks necessary to obtain HCD certification. The consultant shall assist with the required CEQA Notice of Determination within five (5) days of the final adoption action.
The City’s Role
The selected consultant will work under the direction of the Community Development Department. The Planning Division of the Community Development Department currently consists of contract planning staff. This staff is comprised of a Director, a Principal Planner, Senior Planner and an Assistant Planner. The Planning Division is overseeing the entitlement processing of a growing City and the Planning Division’s time is occupied with both advance and current planning duties.
Due to the relatively small number of employees in the City, dedicated staff time to lend direct assistance on the project will be limited. As such, the selected consultant’s schedule and budget should include appropriate time for work sessions with City staff members as current staff is most familiar with the day-to-day issues faced by the City and will need to work with and implement the General Plan after its adoption. It is anticipated
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that staff will be involved in the review of all draft materials and that all City files will be accessible to the selected consultant.
The City anticipates that questions will arise as consultants research and write their proposals. The following procedure to respond to questions will be used to ensure that all consultants have access to the same information:
1. All questions must be presented via e-mail and directed to the City contact mentioned in this RFP.
2. All questions will be responded to by e-mail and shall be copied to all persons requesting to be added to the list of contacts for the project.
3. All questions shall be received on or before Friday, October 17, 2025.
Community engagement and outreach
It is in the interest of the City to have a robust, inclusive, and informative community engagement program. It is also in the interest of the City to have City Staff and community volunteers involved in community engagement activities. The consulting team will be responsible to organize and arrange content for the community workshops, as well as facilitate these public meetings. The consultant will monitor the direction and outcome of the public review process and incorporate said input into the updated General Plan.
The City does not intend to create a special Housing Element Steering Committee at this time.
Each category of workshops will include public meetings focused on one (1) or more groups, such as the public, Councilmembers, etc. The number of meetings to be held within each workshop category to engage broad public comment will be determined based on input from City Staff, the consultant’s recommendation, and overall budget for the project.
Community Development staff members will be responsible for public notification, scheduling of meetings, website maintenance, and assisting the consultant with public outreach. City staff also anticipates editing sections of the initial draft plan in addition to reviewing the consultant’s administrative draft of the General Plan update.
7. ORGANIZATION AND CONTENT OF PROPOSAL
All RFPs must provide specific and concise answers to all requirements and requests for information. The Consultant or Individual shall submit an RFP, not to exceed 50, 8½”x11” pages, including the front and back covers (25 total sheets if double-sided) as outlined below:
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A. COVER LETTER/EXECUTIVE SUMMARY
In no more than three (3) pages, the Cover Letter and Executive Summary shall include:
1. The names of the key members of the consultant team.
2. The mailing address, telephone number, and the name of the main point of contact for the consultant team.
3. A summary of the consultant’s experience and qualifications and the advantages of selecting the consultant.
4. An acknowledgement of receiving any addendum(s) to the RFP document sent out by the city.
B. PROJECT APPROACH, SCOPE OF WORK, AND DELIVERABLES
Describe the strategy for achieving the goals and deliverables of the project.
Include a detailed scope of work noting applicable deliverables as noted in this RFP. Provide flowchart depicting overall schedule, milestones, community meetings and public hearings. Develop a timeline schedule with milestones for the review and appeal (if necessary) of RHNA and the certification of the Housing Element by HCD. The project schedule shall include a detailed explanation of all stages of the project, including, at a minimum:
1. Kick-off meeting with staff to collect and confirm baseline information needs and refine the scope of services.
2. Identification of major milestones, meetings, and work products.
3. Public outreach, subcommittee meetings, and workshops.
4. Delivery of analysis and findings during assessment and development of the RHNA and Housing Element Update.
5. Response to HCD review and City staff review times.
6. Delivery of draft and final draft Housing Element.
7. Public hearings (City Council).
C. CONSULTANT INFORMATION
Provide the name of the consultant, the consultant’s primary place of business, and the name and telephone number of the contact person. Clearly identify team members, their roles, qualifications, and relevant experience. Any professional services required but not proposed by the qualified consultant firm
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shall be listed and reasons should be provided for not including them as part of the proposal.
D. PROJECT TEAM
Provide the following information in the overall qualifications. This response shall be tailored to our RFP and not generic boilerplate information.
1. Identify the proposed Project Manager and include a detailed resume for this individual. If the Project Manager is different from the person who will be the key contact for city staff, identify this person and include a detailed resume.
2. List the name, position, brief resume, and proposed responsibilities for all key personnel. Indicate their present assignments and availability. Include alternate personnel that would be used if the persons identified as key personnel are not available at the time a specific project issue arises.
3. Describe any special resources the project team may bring to the Project, such as specific recent experience working on related projects and recent experience on City of Mountain House or other local (San Joaquin County) projects.
E. EXPERIENCE
List and briefly describe the five (5) most recent similar projects by the project team.
Each description shall include:
x Client Information: contact name, address, and telephone number/email address. x Scope of the consultant’s involvement in the project. x Month/year the project started and the month/year it was completed. x Total value of the services provided.
x Key personnel involved, and the sub-consultants employed. x Sub-consultants should identify at least three (3) recent projects of a similar nature.
Please provide a description of previous experience working with the public, commissioners, and decision makers. Also include experience doing community engagement for Housing Element if applicable.
Briefly summarize any litigation (and outcomes) within the last seven (7) years that the firm has been involved in concerning a housing element, or the adequacy of CEQA documentation prepared by the firm or proposed subcontractors.
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Include a sample Housing Element, completed within the last five (5) years. Preference will be given to firms that have completed Housing Element updates for the 6th Housing Element Cycle.
F. COST PROPOSAL
Provide a separately labeled fee proposal based on time and materials, with a “not-toexceed” maximum cost for all work identified in the scope of services. • Identify the expected hours by job classification. Include the work of all subconsultants in computations. • Provide a current hourly rate schedule, and list positions. • Include an estimated budget for reimbursable expenses, if any. Include any contingency for unforeseen expenses and detail what items would be covered by this contingency budget.
• Suggest any modifications that the City could make to the scope of work or scope of services that would allow the project to be accomplished more cost effectively.
G. INSURANCE REQUIREMENTS
Provide a summary of insurance coverage including professional liability, errors and omissions (if applicable), and workers compensation. Insurance must meet City’s insurance requirements for the Professional Services Agreement (Attachment A).
Such coverage must be provided by an insurance company(s) authorized to do business in the State of California. Certificates must name the City of Mountain House as "Insured.” It must provide that the contractor's policy is the primary of any insurance carried by the City and that the policy will not be canceled or materially changed without thirty (30) days prior notice, in writing, from the City. The successful firm must agree, if awarded a contract as a result of its proposal, to indemnify and hold harmless City of Mountain House, its officers, agents, and employees from any and all claims, losses accruing or resulting to persons engaged in the work contemplated by its proposal, or to persons who may be injured or damaged by the firm or its agents in the performance of the work. Prior to the commencement of any work, these and other provisions shall be established contractually.
8. EVALUATION AND SELECTION CRITERIA
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A) SHORT-LIST SELECTION
The City will evaluate all proposals submitted in response to this RFP through an evaluation panel selected by the City. The following criteria will be used for evaluation:
1. Understanding: Understanding of the Scope of Work; demonstrated knowledge of the work; identification and knowledge of Federal, State, County, City and other agency requirements, as applicable to the requested services.
2. Qualifications and Experience: The technical expertise and professional competence in areas directly related to this RFP; for each proposed candidate required number of years of experience in performing similar work; demonstrated ability to manage and coordinate the services, deliver quality products/services, be a reliable service provider, stay within budget, and meet deadlines; level of experience and training of key personnel assigned, including sub-consultants, if applicable; strength and stability of the firm; breadth and depth of resources.
3. Approach to Scope of Services: The methodology and systems reflecting the ability to provide the requested services; thorough discussion of objectives; sensitive approach to public and regulatory concerns; management, coordination of services and quality controls; attention to detail and creativity.
4. References: References will be verified, and all responses considered.
5. Cost Proposal: Cost for providing the proposed scope of services and corresponding quality of work to be delivered based on consulting firm’s fee.
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TABLE 1
Rating of Proposals
CRITERIA Percentage
Understanding 30%
Qualifications and Experience 25%
Approach to Scope of Services 25%
References 10%
Cost Proposal 10%
TOTAL
The City reserves the right to modify the composition of the review committee and retains full discretion in determining the applicability and weight of the evaluation criteria listed above. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from Proposers, or to allow for corrections of errors or omissions.
B) SHORT-LIST SELECTION
The City expects to select two (2) or more proposers to continue with further evaluation. The short-listed proposers will be contacted in writing regarding their status as short-listed proposers. Additional discovery may be performed to assist in selecting the short list proposers. The City may request an interview with the short-listed firms to further assist in the selection process. Should the City choose to require an interview process, the proposer will be required to make a short presentation, followed by a question-and-answer period.
ATTACHMENT A
Item 8.1
Mountain House Page 159 of 404
City of Mountain House 2023-2031 Housing Element and Environmental Compliance Documentation
RFP CDD26-01
C) FINAL SELECTION
The finalist will be selected by compiling the qualifications, references, and price evaluation criteria. The City may, at its discretion, select two (2) finalists if it believes that two (2) proposers are so close as to consider the evaluation a draw.
In this case, the two (2) proposers will be taken through negotiation. The bestnegotiated solution will become the finalist and will be contracted to provide the proposed solution. If agreement cannot be reached with the top-ranked proposer, the City will dismiss the proposer and begin negotiation with the second-ranked proposer.
D) SOLUTION CONFIRMATION / BEST AND FINAL OFFER
Upon selection of the finalist, the City and the finalist will meet to enable both parties to confirm all requirements and representations to complete the best and final offer. This meeting may include additional demonstrations, confirmation of information, or any additional items that either party requires to be confirmed.
The proposer will then complete their best and final offer. The best and final offer will form the basis for contract negotiation.
E) CONTRACT NEGOTIATION
At the conclusion of solution confirmation and best and final offer, the City will enter contract negotiations with the finalist. The final negotiated contract, along with the best and final offer, will be submitted to the City Council for approval.
Each proposal will be reviewed against the terms of this RFP to determine if the submittal is complete and responsive and how well the Proposer satisfies the evaluation criteria. The City may reject any submittal found incomplete, unresponsive, or not in compliance with the format requirements outlined in this RFP. A submittal may be determined to be unresponsive is any aspect is found to be unacceptable or contrary to the best interest of the City. Proposals will be screened administratively by the city staff. The staff will review and consider the experience and qualifications of all the submitting firms/individuals. Include three (3) references for similar services during the last five (5) years. Past performance and references will be reviewed.
ATTACHMENT A
Item 8.1
Mountain House Page 160 of 404
City of Mountain House 2023-2031 Housing Element and Environmental Compliance Documentation
RFP CDD26-01
9. PROPOSAL TERMS AND CONDITIONS
1. This RFP does not commit the City to enter into an agreement, to pay any cost incurred in the preparation of a submittal to this request or in subsequent negotiations, or to procure or contract for the project.
2. At any time prior to the specified time and date set for the submission, a person/firm, or their designated representative, may withdraw their proposal by written request signed by the Proposer or authorized representative.
3. It is the Proposer’s responsibility alone to ensure delivery of a Proposal to the RFP administrator prior to the submittal deadline stipulated in this RFP. The official time clock which will establish the submittal deadline will be determined by the City. Late proposal submissions will not be accepted or considered.
4. The issuance of this RFP and the acceptance of a proposal do not constitute an agreement by the City that any contract will be entered into by the City. The City expressly reserves the right, at the City’s sole discretion, to:
a) Reject any or all proposals.
b) Reissue an RFP.
c) Extend the time frame for submission of the proposals by notification to all parties who have registered an interest in this RFP with the City.
d) Request more information from any or all applicants. e) Waive any immaterial defect or informality.
f) Decline to go forward with the RFP. The City expressly reserves the right not to proceed to contract under this RPP.
g) Reject any Subcontractor or Contractor proposed by the Proposer.
h) Accept whichever proposal(s) that may be in the best interest of the City.
5. All services shall be provided in accordance with Exhibit B, the City’s Professional Services Agreement. The City’s policy is that the Agreement be accepted as is. By submitting a Proposal in response to this RFP, the Proposer is deemed to have provided its approval of the Agreement and assurance that it is able to meet the requirements contained therein. If a Proposer seeks limited modification of any aspect of the Agreement, then the Proposer must identify the proposed changes in their Proposal. However, changes or qualifications to the Agreement may be weighed in the evaluation of the Proposal and, at the City’s discretion, may cause rejection of the Proposal as non-responsive.
ATTACHMENT A
Item 8.1
Mountain House Page 161 of 404
City of Mountain House 2023-2031 Housing Element and Environmental Compliance Documentation
RFP CDD26-01
6. This RFP, or any part of it, and the Proposer’s submission, may be incorporated into and made a part of the Agreement. The City reserves the right to further negotiate and/or modify the terms and conditions of the Agreement. Final terms of any agreement will be established during negotiations. Negotiations may be terminated by the City for failure to reach mutually acceptable terms and the City may award the Agreement to the next qualified Proposer.
7. Proposals become the property of the City and information contained therein shall become public documents subject to disclosure laws after the contract is awarded. (Government Code Section 6250 et seq.). The City reserves the right to make use of any information or idea contained in the Proposal. Proposer must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City will have the sole discretion to disclose or not disclose such material subject to state law. All materials, ideas, and formats submitted in response to this RFP will become the property of the City upon receipt.
8. The selected Proposer will be required to provide evidence of liability insurance pursuant to the City requirements prior to Agreement execution (see Attachment 1 for insurance requirements). The City will require certificates of insurance and additional insured endorsements, as specified in Exhibit A of the Sample Agreement.
9. Consultant shall obtain a City’s Business Registration prior to commencing any work.
10. The selected Proposer will maintain any required professional licenses and registrations during the life of the contract with the City.
11. The Proposer may utilize the services of subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. Unless a specific subcontractor is listed by the Proposer, Proposer is representing to the City that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. After submission of the proposal, the Proposer shall not award work to any unlisted subcontractor without prior written approval of the City. The proposer shall be fully responsible to the City for the performance of his/her subcontractors, and of persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relation between any subcontractor and the City.
ATTACHMENT A
Item 8.1
Mountain House Page 162 of 404
City of Mountain House 2023-2031 Housing Element and Environmental Compliance Documentation
RFP CDD26-01
12. Proposers are responsible for making all necessary investigations and examination of records related to this RFP. Failure to do so will not act to relieve any condition of a potential Agreement or the requirements set out in this RFP.
It is mutually understood and agreed that the submission of a proposal shall be considered evidence that the Proposer has made such examinations and investigations. No request for modification of proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
13. Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify the City, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other error in the RFP. Any such notification should be directed to the City promptly after discovery, but in no event later than the deadline for clarifications or corrections stipulated in this RFP. Protests of the contract award must be made, no later than five (5) working days after the aggrieved party knows or should have known of the facts giving rise to the protest.
14. The City may, from time to time, issue Addenda to the RFP. Proposers are responsible for ensuring that they have received all Addenda. Each Proposer is responsible for verifying that it has received all Addenda issued, if any.
Proposers must acknowledge receipt of all Addenda, if any, in their proposals.
Failure to acknowledge receipt of all Addenda may cause a Proposal to be deemed incomplete and non-responsive. The City reserves the right to contract with other firms during the contract term or to issue multiple contracts for individual aspects of the project as may deemed in the best interests of the City.
15. The City’s payment terms are 30 days from the receipt of an original invoice and City acceptance of the quantity and quality of the services being billed. The City reserves the right to delay any post-termination payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, to permit a full and complete accounting of costs.
ATTACHMENT A
Item 8.1
Mountain House Page 163 of 404
City of Mountain House 2023-2031 Housing Element and Environmental Compliance Documentation
RFP CDD26-01