AGENDA
Wednesday, September 09, 2026 7:00 PM
Mountain House City Council
Mountain House Town Hall
251 East Main Street, Mountain House, CA 95391
CITY COUNCIL
ANDY SU
Mayor
RONNA GREEN
Vice Mayor
Council Members
MATT DISKO BERNICE KING TINGLE DANIEL HARRISON
ADMINISTRATION
STEVEN J. PINKERTON
City Manager
JOHN BAKKER
City Attorney
MARGARET WIMBERLY
City Clerk
This City Council meeting will be livestreamed on the City’s website at: Agendas, Minutes, Archives & Live Streaming | Mountain House, CA and on the City's YouTube channel at City of Mountain House - YouTube
Members of the public have the option of giving public comment in person or via two-way telephonic service. Additional information about providing public comment via two-way telephonic service can be found at the end of this agenda.
Two-way telephonic service dial-in and link: https://us02web.zoom.us/j/87904266643 Join from PC, Mac, iPad, or Android:
Dial in phone number: +1 669 900 9128 US
Webinar ID: 879 0426 6643
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
1. 2.
3. 4.
5. included in the next City Manager update and posted on the City’s website.
RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
Presentation from San Joaquin First Tee
Update from the Youth Action Committee
Presentation from Lammersville Unified School District
Presentation on the Public Safety Monthly Report from Rank Security, Code Enforcement, Mountain House Police Services provided by the San Joaquin County Sheriff’s Office, and Mountain House Fire Department and Emergency Medical Services presented by the French Camp Fire Department.
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.
Approval of the Minutes of August 26, 2026. Page 19
List of Recent Agreements under the City Manager Signature Authority Page 30 Second Reading – MHD CR Land Use Changes Zone Reclassification (ZR25-001)Page 32 Staff recommends that the City Council conduct the second reading and adopt an Ordinance approving Zone Reclassification No. ZR-25-001 and making the required findings related to the MHD CR Land Use Changes.
Introduce an Ordinance amending Section 2-2-203 and adding Section 2-2-203.5 to the Mountain House Municipal Code Relating to the Procurement of Public Projects and Adopting Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act
Staff recommends that the City Council introduce and waive the first reading of an Ordinance amending Section 2-2-203 and adding Section 2-2-203.5 to the Mountain House Municipal Code and set the Ordinance for second reading and adoption on October 14, 2026.
CITY COUNCIL POLICY AND ACTION ITEMS
Strategic Plan Update – Fiscal Years 2025/2026 through 2026/2027 Page 65
6. 6.1
6.2 6.3
6.4 7.
7.1 7.2
7.3 7.4
8. 8.1
City Council Agenda Wednesday, September 09, 2026
Mountain House Page 2 of 269 Receive and file the Strategic Plan progress update for fiscal years 2025/2026 through 2026/2027.
Mountain House Assignment Incentive Program for Eligible San Joaquin County Sheriff‘s Office Personnel Assigned Full-Time to Mountain House Police Services
Staff recommends that the City Council approve the Mountain House Assignment Incentive Program, providing eligible San Joaquin County Sheriff’s Office personnel assigned full-time to Mountain House Police Services with an incentive equal to 7.5% of base salary in exchange for a three-year assignment commitment, and approve the associated Letter Agreement with the County of San Joaquin.
Provide Direction to the City’s Voting Delegate on the Proposed 2026 League of California Cities General Assembly Resolution
Staff recommends that the City Council provide direction to the City’s Voting Delegate regarding the City’s position on the proposed 2026 League of California Cities General Assembly Resolution concerning local authority over housing and land use decisions.
CITY COUNCIL DISCUSSION ITEMS
Mountain House Unity Center - Future Ownership, Use and Partnership Discussion
City Manager’s Update Page 252
FUTURE AGENDA ITEMS
Report of Future Agenda Items and Long-Range Calendar Page 267
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 September 4, 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.
8.2 8.3
9. 9.1
9.2 10.
10.1 11.
12. 13.
14. City Council Agenda Wednesday, September 09, 2026
Mountain House Page 3 of 269 Public Safety
Staff Report
TITLE: RANK Public Safety Report
MEETING DATE: September 9, 2026
PREPARED BY: Anthony De Frenchi, Captain
SUBJECT: RANK Update on Recent Incidents and Initiatives
RECOMMENDATION:
RANK recommends that the City Council receive this report regarding security activities and services provided during August 2026.
EXECUTIVE SUMMARY:
During August 2026, RANK Security personnel documented 1,018 activities, including calls for service, security checks, facility checks, traffic-related activity, and other security services. RANK Security provides supplemental security and public safety support throughout the City and coordinates with Mountain House Police Services, Mountain House Fire, Community Preservation, and other City departments as needed.
RANK Security also supported several community events during August, including:
• National Night Out: Provided event security and road closures. • Cinema in the Park: Assigned three security officers. • Music in the Park: Provided road closures and assigned four security officers.
ANALYSIS:
Officer Activity Log
Specific Incident Documentation: 1,018
(N/R – Not Reported)
Incident Type August 2026 July 2026
Suspicious Person 4 4
Item 6.4
Mountain House Page 4 of 269 2 Suspicious Vehicle 7 7
Occupied Vehicle Welfare Check 3 3
Alarm Calls 10 9
Fire Calls 3 7
Obstructing Traffic 1 N/R
Town Hall Checks 49 45
Assist Other Agency 4 2
Extra Patrol Checks 8 10
Trespassing 3 3
Collision with Unknown Injury 6 4
Collision without Injury 1 1
Collision with Injuries 1 0
Citizen Assist 3 1
Security Checks 552 528
Open Gates 46 26
Park Restroom Checks 142 147
Park/Facility Hours 4 7
Vacation Checks 68 140
Parking Citations Issued 103 122
PUBLIC SAFETY INITIATIVES:
Community Outreach
RANK Security participates in coordination meetings with Mountain House Police Services, Mountain House Fire, Community Preservation, and the Recreation Department.
RANK officers are also stationed at various schools during morning arrival and afternoon dismissal periods to monitor vehicle and pedestrian activity and support school-area safety.
During these periods, RANK personnel document observed traffic and pedestrian safety concerns.
Attachment A summarizes observations made during August 2026.
ATTACHMENTS:
Attachment A – Crossing Guard Observations
Item 6.4
Mountain House Page 5 of 269 3 Attachment A
CROSSING GUARDS
Observation Count
Crossing Guard Present at Location 0
Failed to Yield to Pedestrians in Crosswalk 32
Failed to Stop at Stop Sign 12
Kids Not Using Crosswalk 26
Distracted Driving N/R
Seatbelt N/R
Unsafe Speed 7
Helmet 20
Dropping Kids Off in the Middle of the Road 2
Not Obeying Crossing Guards N/R
Item 6.4
Mountain House Page 6 of 269 Code Enforcement
Staff Report
TITLE: Code Enforcement Report
MEETING DATE: September 9, 2026
PREPARED BY: Cedric Hathorn, Code Enforcement Officer
SUBJECT: Update on Recent Code Enforcement Activity
RECOMMENDATION:
Staff recommends the City Council receive this report on recent Code Enforcement department activities.
ANALYSIS:
Overall activity patterns in August were consistent with year-to-date trends, with landscape maintenance continuing to represent the majority of service requests.
GoGov Activity – August 2026 and Year-to-Date (YTD)
The table below summarizes overall case volume and resolution activity.
Total GoGov Requests / Cases August
Count
YTD
Count
Opened 88 618
Closed 85 579
Primary Violation Types – August 2026 and Year-to-Date (YTD) The table below reflects the number of violation types recorded during the reporting period and is not intended to correspond directly to the number of GoGov cases opened. A single case may involve more than one violation type, and the totals also include applicable Code Enforcement parking citations.
Violation Type August
Count
YTD
Count
Illegal Signs / Dumping / Municipal Code /Parking 21 69 Master Restrictions Violations 11 111
Homeowner Landscape Issues 74 362
Water Related Issues 0 8
Total 106 550
Item 6.4
Mountain House Page 7 of 269 2 Enforcement Actions – August 2026 and Year-to-Date (YTD) August enforcement activity remained primarily compliance-focused, with citations issued during the month. Most cases were resolved through education, warnings, property owner corrections, and administrative follow-up.
The table below reflects enforcement escalation for August 2026 Action August
Count
YTD
Count
Property / Landscaping Warnings (No Fine) 21 193
Property / Landscaping Citations (With Fine) 22 86
Appeals 0 2
Master Restrictions Permit Activity – August 2026 with Year-to-Date (YTD) The table below reflects homeowner-requested variances and administrative permit reviews, which are separate from code enforcement activity.
Activity August
Count
YTD
Count
Property Change Permits – Approved 14 54
Property Change Permits – Denied 0 1
Property Change Permits – Pending 0 0
Total Requests 14 55
ATTACHMENTS:
None.
Item 6.4
Mountain House Page 8 of 269 Public Safety
Staff Report
TITLE: Police Services Public Safety Report
MEETING DATE: September 9, 2026
PREPARED BY: Lieutenant N. Taiariol
SUBJECT: Police Services Update on Recent Incidents and Initiatives
RECOMMENDATION:
Police Services recommends that the City Council receive this report on recent Police Services incidents, emergency responses, and department activities.
EXECUTIVE SUMMARY:
This report provides an update on Mountain House Police Services activities and statistics for August 2026.
Statistical Reporting
Traffic Citations: Sheriff’s Office personnel are now using e-cite software. Due to the way information is displayed in the system, Police Services may no longer be able to accurately report citations by individual violation type. The total number of citations issued by Mountain House Police Services personnel will continue to be reported.
Crime Statistics: As discussed at prior City Council meetings, the Sheriff’s Office Research, Analysis and Intelligence Division (RAID) is implementing new tools and processes to improve the accuracy of reported crime statistics and eliminate duplicate or erroneous data. The August data provided in this report should be considered preliminary pending a secondary review.
As an example, this report identifies 14 traffic collisions, while the RAID statistical report identifies 16.
Police Services determined that one collision occurred outside the City’s jurisdiction and another was a collision from the prior month.
Update to July Statistics: The previously reported number of property crimes for July 2026 was 10.
Following further review, the corrected number is seven.
ANALYSIS:
Incident Reports
Item 6.4
Mountain House Page 9 of 269 2 Total MH Police Services Incidents: 331 calls for service (359 Previous month) Property Crimes: 6 Incidents (7* incidents previous month) Violent Crimes: 00 Incidents (01 Previous Month)
Other Assaults: 03 Incidents (02 Previous Month)
Traffic Stops: 277 Traffic Stops (387 Previous month) Traffic Citations issued: 227 Traffic Citations Issued (336 Citations Issued the previous month) Traffic Violations Cited: REFER TO EXECUTIVE SUMMARY
Parking Citations Issued: 69 Citations Issued (140 issued previous month) Vehicle Collisions: 14 Collisions (06 Previous month) DUI Arrest 01 arrest (00 DUI arrests in the previous month) Outside Agency Assist: 03 (07 assists previous month) Helmet Citations: 00 Citations (00 citations previous month) Significant Incidents for August 2026: REFER TO EXECUTIVE SUMMARY Arrests: 06 Physical Arrests (05 previous month) 00 Alcohol related arrest(s)(DUI). Reports Taken: 60 Documented Reports Taken (57 taken previous month). Remove “traffic”, “Warrant”, and “alarms” from “Reports” totals.
Staffing Update
Deputy Cody Williams moved to the graveyard shift, and Deputy Dylan Davis moved to the day shift.
Community Safety Reminders
Police Services reminds residents to lock vehicle and home doors and remove valuables from unattended vehicles.
Bicyclists, e-bike riders, and electric scooter riders are reminded to follow applicable rules of the road and obey traffic signals and signs.
Unregistered motorized and dirt bikes are not permitted on City streets and may be subject to citation and towing.
PUBLIC SAFETY INITIATIVES:
Not applicable.
ATTACHMENTS:
None.
Item 6.4
Mountain House Page 10 of 269 Public Safety
Staff Report
TITLE: Mountain House Fire Department
MEETING DATE: September 9, 2026
PREPARED BY: Marty Cornilsen, Fire Chief
SUBJECT: Public Safety Report
RECOMMENDATION:
Fire recommends that the City Council receive this report on recent Fire Department incidents, emergency responses, and department activities.
EXECUTIVE SUMMARY:
During August 2026, the Mountain House Fire Department responded to 112 calls for service, compared with 103 calls in July 2026 and 107 calls in August 2025. Emergency medical services accounted for 56 calls, representing 50 percent of total calls for the month. The Department also responded to five fires, 11 service calls, 20 false alarms, 13 mutual aid calls, seven traffic accidents, and no water rescue incidents.
The Department maintained an 82 percent response-time compliance rate in August, consistent with July 2026 and August 2025. Department personnel also completed 1,024 training hours during the month in emergency medical services, fire suppression, technical rescue, auto extrication, and officer development.
August was also an active month for community engagement and outreach. Department personnel participated in National Night Out, providing fire engine tours and supporting the landing of a REACH helicopter. Members of Station 1 also welcomed youth baseball players from Taiwan and their coaches for a station tour and demonstration of emergency rescue equipment shown in Attachment A.
During the reporting period, Mountain House Fire Department personnel also participated in the State Mutual Aid System, providing assistance to regional fire incidents. Department personnel supported operations at the Gann, Timber, and Hawk fires in Nevada while maintaining emergency coverage for the Mountain House community.
ANALYSIS:
August 2026 Fire Department Activity
Item 6.4
Mountain House Page 11 of 269 2 Incident Type August 2026 July 2026 August 2025
EMS 56 67 69
Fires 5 10 4
Service Calls 11 4 5
False Alarms 20 9 16
Mutual Aid 13 7 5
Traffic Accidents 7 5 7
Water Rescue 0 1 1
Total Calls 112 103 107
The Department’s August 2026 response-time report is included as Attachment B and provides additional information regarding turnout times, response-time compliance, incident locations, and training activity.
PUBLIC SAFETY INITIATIVES:
Community Outreach
During August, Mountain House Fire Department personnel participated in several community activities and events, including:
• August 2 – National Night Out: Department personnel participated in the community event, provided fire engine tours, and supported the landing of a REACH helicopter. • August 18 – Taiwan Youth Baseball Team Station Visit: Department personnel provided a station tour and demonstrated emergency rescue equipment. • August 26 – Mountain House Rotary Recognition: Engineer Barsamian received the Mountain House Rotary Fire Officer of the Year recognition.
• August 27 – Taiwanese Dancers: Department personnel participated in the community visit.
National Preparedness Month
September is National Preparedness Month and provides an opportunity to remind residents of the importance of preparing before an emergency. The Mountain House Fire Department encourages residents to take the following steps:
• Make a Plan: Know how your family will communicate and where you will meet if separated. • Build an Emergency Kit: Keep water, food, medications, flashlights, batteries, and other Item 6.4
Mountain House Page 12 of 269 3 essential supplies available for several days.
• Stay Informed: Sign up for local emergency alerts and know how you will receive information during an emergency.
• Know Your Evacuation Routes: Become familiar with multiple ways to leave your neighborhood if an evacuation is ordered.
• Check on Your Neighbors: During an emergency, check on elderly residents, children, and others who may need additional assistance.
ATTACHMENTS:
Attachment A – Community Outreach and Department Activity Photos Attachment B – August 2026 Fire Department Response and Activity Report Item 6.4
Mountain House Page 13 of 269 National Night Out
Item 6.4
Mountain House Page 14 of 269 Engineer Barsamian Fire Officer of the Year MH Rotary
Hawk Fire Captain Tornberry, Engineer Vallo, FF Hathaway Item 6.4
Mountain House Page 15 of 269 Taiwan Baseball Team
Item 6.4
Mountain House Page 16 of 269 Mountain House Fire Department
August 2026 July 2026 August 2025
Total Calls – 112 Totals Calls- 103 Total Calls - 107
EMS – 56 EMS - 67 EMS - 69
Fires -5 Fires - 10 Fires - 4
Service Calls – 11 Service Calls – 4 Service Calls - 5
False Alarms – 20 False Alarms – 9 False Alarms - 16
Mutual Aid – 13 Mutual Aid – 7 Mutual Aid - 5
Traffic Accident – 7 Traffic Accidents – 5 Traffic Accident - 7 Water Rescue – 0 Water Rescue – 1 Water Rescue - 1
Overlapping Calls – 10 Overlapping Calls – 7 Overlapping Calls - 15 Turnout Times
EMS
50%
Fires
4%
Traffic Accident
6%
Service Call
10%
Mutual Aid
12%
False Alarm
18%
Water Rescue
0%
August 2026
EMS Fires Traffic Accident Service Call Mutual Aid False Alarm Water Rescue Fire & Special OPS
90th Percentile - Fastest Units:
00:02:01
90th Percentile - All Units:
00:02:03
EMS
90th Percentile - Fastest Units:
00:02:03
90th Percentile - All Units:
00:02:05
Item 6.4
Mountain House Page 17 of 269 Mountain House Fire Department
Hot Spots
Response Time Compliance – August 2026
82% under compliance response time of 429 seconds
Response Time Compliance – July 2026
82% under compliance response time of 429 seconds
Response Time Compliance – August 2025
82% under compliance response time of 429 seconds
August 2026 Training Hours – 1,024 / July 2026 – 1,204/August 2025 - 254 Training consists of EMS, Fire Suppression (structural & wildland), auto extrication, officer development and technical rescue.
EMS
38%
FIRE
38%
TECH RESCUE
7%
OFFICER
DEVELOPMENT
17%
Training Hours
EMS FIRE TECH RESCUE OFFICER DEVELOPMENT
Item 6.4
Mountain House Page 18 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
Present:
Bernice King Tingle, Council Member
Matt Disko, Council Member
Daniel Harrison, Council Member
Ronna Green, Vice Mayor
Absent
Andy Su, Mayor
1. CALL TO ORDER AND ROLL CALL
Vice Mayor Green called the meeting to order at 7:00 p.m.
2. MOMENT OF SILENCE
Vice Mayor Green held a moment of silence.
3. PLEDGE OF ALLEGIANCE
Council Member Tingle led the pledge of allegiance.
4. APPROVAL OF AGENDA
Motion: Council Member Disko
Second: Council Member Harrison
Motion to approve the agenda, with the removal of agenda item 9.2 which is being removed for further staff review.
For (4): Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Absent (1): Mayor Su
Vote: Carried (4 to 0)
5. PUBLIC COMMENTS
Shailee Panchal, resident, requested waiver of a penalty added to a citation and removal of a related DMV hold. She stated that the citation review determination was mailed, but was not received before the deadline. Vice Mayor Green referred the matter to staff for follow-up.
Sachin and Hemant, on behalf of CVMM, : Invited the City Council and community to a Ganesh Festival at Central Park on Sept. 19, 2026, and stated that the event would be free and open to the public.
Item 7.1
Mountain House Page 19 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
Hannah Souza, resident, commented on the proposal associated with Item 9.2 and requested further review.
Fatehdeep Singh, resident, commented on the proposal associated with Item 9.2 and requested fair access and opportunities for qualified instructors.
Angad Bhullar, resident, commented on the proposal associated with Item 9.2 and requested further review of the proposed coaching model and process before the item returns to the City Council.
Suresh Vuyyuru, resident, requested an update on the status of the Public Safety, Transportation, Recreation, and Planning bodies and asked that residents be included in public committees.
The meeting recessed due to remote-participation technical difficulties. The meeting resumed with audio restored, but video remained unavailable.
Andy Singh, resident, supported removal of Item 9.2 for further review and requested additional review of the proposed arrangement, selection process, and potential conflicts of interest.
6. RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
6.1 Presentation from Mountain House Library
Heather Bailey, Librarian, provided an update to the City Council on the summer reading program and summer activities and participation at the library.
6.2 Recognition of the Juneteenth Committee
Vice Mayor Green and the City Council recognized the Juneteenth Committee for planning and supporting the City’s 2026 Juneteenth celebration. Certificates were presented to committee members in appreciation of their service, collaboration, and commitment to the event.
6.3 Rotary Public Safety Officer of the Year
The Rotary Club of Mountain House recognized public safety personnel from fire, police, code enforcement, and security for their service to the community.
Item 7.1
Mountain House Page 20 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
6.4 Presentation on the Public Safety Monthly Report from Rank Security, Code Enforcement, Mountain House Police Services provided by the San Joaquin County Sheriff’s Office, and Mountain House Fire Department and Emergency Medical Services presented by the French Camp Fire Department.
6.4.1 Public Safety Security Report
Rank Security reported 1,010 activities in July, including security checks, park restroom checks, parking citations, vacation checks, gate checks, Town Hall checks, emergency responses, and support for City events. Residents were encouraged to register for emergency alerts and request free vacation house checks.
6.4.2 Code Enforcement Report
Code Enforcement reported 79 open cases and 77 closed cases in July, with enforcement involving landscape issues, master restrictions, signs, dumping, municipal code matters, and water-related issues. Staff highlighted voluntary compliance involving relocation of a sign that obstructed a traffic signal and repair of a damaged fence.
6.4.3 Police Services Public Safety Report
The San Joaquin County Sheriff’s Office reported generally stable July activity, a family-related incident classified as a reportable violent crime, increased traffic enforcement, and declining vehicle collisions. Staff reviewed a multiagency traffic enforcement operation, cautioned residents to report urgent matters directly to law enforcement, and discussed enforcement near Mountain House High School and a citation involving racing at more than 100 mph.
6.4.4 Mountain House Fire Department
The Fire Department reported 103 July calls, including 67 emergency medical calls, 10 fires, false alarms, mutual aid, vehicle accidents, and one canceled water-rescue response. The Chief reviewed academy graduations, promotions, awards, state mutual-aid deployments, the planned transition to Stockton Fire Dispatch, and community events. Council requested proactive fishing and watersafety outreach, including coordination with the Youth Action Committee.
7. 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.
Motion: Council Member Tingle
Item 7.1
Mountain House Page 21 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
Second: Council Member Disko
Approve the Consent Calendar
For (4): Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Absent (1): Mayor Su
Vote: Carried (4 to 0)
7.1 Approval of the minutes of August 12, 2026
7.2 List of Recent Agreements under the City Manager Signature Authority
7.3 Report of Action Taken in Closed Session Regarding Settlement Agreement and Release with Mountain House Developers, LLC
7.4 Approve a Cooperative Purchase Agreement with Specified Play Equipment Co. for the Altamont Neighborhood Park Playground Replacement Project Motion: Council Member Tingle
Second: Council Member Disko
Staff recommends that the City Council adopted resolution 2026-73 to:
1. Approve the use of a cooperative purchasing agreement pursuant to Section 210 of the City's Financial Management Manual and authorize use of OMNIA Partners Cooperative Contract No. R220201 to procure BCI Burke, LLC playground equipment and related services through Yossogroup Inc. dba Specified Play Equipment Co. (SpecPlay).
2. Approve Notice of Exemption NOE-PW-03-26 under the California Environmental Quality Act (CEQA) for the Altamont Neighborhood Park Playground Replacement Project.
3. Authorize the City Manager, or designee, to negotiate, finalize, and execute an agreement with Yossogroup Inc. dba Specified Play Equipment Co. (SpecPlay) for the purchase and turnkey installation of playground equipment and related improvements in an amount not to exceed $1,168,860.28, subject to approval as to form by the City Attorney.
4. Authorize the City Manager, or designee, to approve and execute amendments, change orders, and other modifications necessary to complete the project, provided that the cumulative increase does not exceed 10% of the original agreement amount, for a maximum total agreement amount of $1,285,746.31, sufficient appropriated funds are available, and any such documents are approved as to form by the City Attorney, as applicable.
The proposed resolution implementing the recommended actions is included as Attachment A.
Item 7.1
Mountain House Page 22 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
Vote: Carried
7.5 Approval of Pre-Qualified Survey Consultant Shortlist and Authorization of Master Consultant Agreements for On-Call Surveying Services
Motion: Council Member Tingle
Second: Council Member Disko
Staff recommends that the City Council adopted resolution 2026-74 to:
1. Approve a shortlist of up to six pre-qualified survey consultant firms under RFQ No.
PWQ2602 for on-call professional surveying services.
2. Approve the standard Master Consultant Agreement (MCA) to be used between the City of Mountain House and each approved consultant.
3. Authorize the City Manager to execute multi-year MCAs with up to six approved consultants, subject to satisfaction of all City insurance and contractual requirements, with total contract authority not to exceed $300,000 per agreement, for an initial term through June 30, 2029, with one optional two-year extension.
4. Authorize the Public Works Director or designee to issue project-specific task orders under the approved MCAs, subject to available funding and a not-to-exceed amount of $100,000 per consultant per fiscal year.
Vote: Carried
8. JOINT CITY COUNCIL/MOUNTAIN HOUSE FINANCING AUTHORITY POLICY AND ACTION ITEMS
8.1 Adopt Resolution No. 2026-76 of the City of Mountain House Authorizing the Issuance and Sale of Special Tax Bonds for and on behalf of certain improvement areas of Community Facilities District 2024-1 and approving related agreements and actions; and Adopt Resolution No. FA-2026-02 of the Mountain House Financing Authority and approving related agreements and actions The City Council and Mountain House Financing Authority convened jointly.
The joint public hearing was opened. Dan Massiello of Kosmont Financial Services presented the proposed bond financing for Improvement Areas 8 and 13. He stated that bond proceeds would support public infrastructure, the special taxes would apply to the affected new development, and the City’s General Fund would not be responsible for debt service.
Item 7.1
Mountain House Page 23 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
Council discussed the timing and purpose of the financing, property ownership, and the combined effective tax rates. No public comments were received. The joint public hearing was closed.
Motion: Council Member Harrison
Second: Council Member Disko
The City Council, following the public hearing, adopted Resolution No. 2026-76 authorizing the issuance of special tax bonds for and on behalf of Improvement Areas No. 8 and 13 of City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services), approving and directing the execution of respective Fiscal Agent Agreements for each improvement area, approving sale of such bonds to the Mountain House Financing Authority (“Authority”), and approving other related documents and actions; The Authority Board of Directors (“Authority Board”) adopted Resolution No. FA-2026-02 authorizing the issuance of special tax revenue bonds and related purchase of special tax bonds for and on behalf of Improvement Areas No. 8 and 13 of the City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services), approving and directing the execution of a Trust Indenture, approving the form of Preliminary Official Statement, approving sale of such bonds, and approving other related documents and actions.
For (3): Council Member Disko, Council Member Harrison, and Vice Mayor Green Against (1): Council Member Tingle
Absent (1): Mayor Su
Vote: Carried (3 to 1)
9. CITY COUNCIL POLICY AND ACTION ITEMS
9.1 Public Hearing to Consider the MHD C-R Land Use Changes Project North of Byron Road, Including Amendments to the General Plan, Master Plan, Specific Plan, Zoning, and Parks, Recreation and Leisure Plan, and Four Major Subdivision Applications
The public hearing was opened.
Contract Planner John Anderson and staff presented proposed land use and plan amendments affecting four areas north of Byron Road, including reallocation of residential density, 218 proposed residential lots, changes to commercial, public facility, and park designations, subdivision maps, infrastructure, school generation, utilities, and pedestrian and bicycle connections. Council discussed remaining commercial acreage, neighborhoodserving commercial areas, schools, parks, trails, and road and bicycle access.
The following speakers provided comments:
Item 7.1
Mountain House Page 24 of 269 Wednesday, August 26, 2026
CITY COUNCIL/FINANCING AUTHORITY
MINUTES
Carolina Dickinson, resident, opposed reducing parkland and requested wider roads and safe bicycle paths connecting neighborhoods, parks, and Old River.
Samik Mody, resident, raised concerns about the breadth of public notice, prior emails and school district comments, the level of project detail, loss of public facility and parkland, and assumptions about occupancy and infrastructure impacts. He requested additional information and public transparency before approval.
Dave Sargent of Mountain House Developers responded that the proposal reallocated units already contemplated by the Master Plan and remained within the overall unit total. He described the remaining Greenway Loop Park, Old River and Mountain House Creek trails, and existing access limitations across Byron Road.
The public hearing was closed.
Motion: Council Member Harrison
Second: Council Member Tingle
The City Council took the following actions:
1. Adopted Resolution 2026-77 approving an Addendum to the Mountain House 2004 Specific Plan II Initial Study for General Plan Amendment No. GPA-25-002, Master Plan Amendment No. MPA-25-002, Specific Plan Amendment No. SPA-25-002, Zone Reclassification No. ZR-25-001, the Parks, Recreation and Leisure Plan Amendment, and Major Subdivision Application Nos. TSM-25-002, TSM-25-003, TSM-25-005, and TSM-25-006 (Attachment A).
2. Adopted Resolution 2026-78 approving General Plan Amendment No. GPA-25-002 and making the required findings (Attachment B).
3. Adopted Resolution 2026-79 approving Master Plan Amendment No. MPA-25-002 and making the required findings (Attachment C).
4. Adopted Resolution 2026-80 approving Specific Plan II Amendment No. SPA-25-002 and making the required findings (Attachment D).
5. Introduced and waived the first reading an Ordinance 2026-04 approving Zone Reclassification No. ZR-25-001 and making the required findings (Attachment E).
6. Adopted Resolution 2026-81 approving the Parks, Recreation and Leisure Plan Amendment and making the required findings (Attachment F).
7. Adopted Resolution 2026-82 approving Major Subdivision Application No. TSM-25- 002 (Tract 4265), located in Neighborhood I, subject to the Conditions of Approval, and making the required findings (Attachment G).
Item 7.1
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8. Adopted Resolution 2026-83 approving Major Subdivision Application No. TSM-25- 003 (Tract 4268), located in Neighborhood I, subject to the Conditions of Approval, and making the required findings (Attachment H).
9. Adopted Resolution 2026-84 approving Major Subdivision Application No. TSM-25- 005 (Tract 4270), located in Neighborhood J, subject to the Conditions of Approval, and making the required findings (Attachment I).
10. Adopted Resolution 2026-85 approving Major Subdivision Application No. TSM-25- 006 (Tract 3935), located in Neighborhood K, subject to the Conditions of Approval, and making the required findings (Attachment J).
For (4): Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Absent (1): Mayor Su
Vote: Carried (4 to 0)
9.2 Approval of Professional Services Agreement with Mountain House Flag Football, Inc. for Racquet Sports Instructional Services
This item was removed from the agenda for additional staff review.
9.3 Approve Successor Memoranda of Understanding with Service Employees International Union (SEIU) Local 1021, Compensation and Benefits for NonRepresented Employees, and Updated Citywide Salary Schedule and Classification Specifications
Contract Director of Human Resources Joe Kriskovich presented successor agreements for the General and Supervisor/Confidential bargaining units, compensation and benefits for non-represented managers, and the updated salary schedule and classification specifications. The presentation covered compensation study adjustments, reclassification of utility billing positions, grandfathered salaries, annual salary adjustments, health benefits, floating holidays, safety-shoe reimbursement, management benefits, fiscal impacts, and updated classifications. Council discussed the four-year General Fund impact, recruitment and retention, long-term financial planning, staffing levels, and use of contract personnel.
No public comments were received, and public comment was closed.
Motion: Council Member Disko
Second: Council Member Harrison
The City Council took the following actions:
1. Adopted Resolution 2026-86 to approve the successor Memoranda of Item 7.1
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Understanding (MOUs) between the City of Mountain House and Service Employees International Union (SEIU) Local 1021 for both the General and Supervisory/Confidential Bargaining Units through June 30, 2030, and authorize the City Manager to execute the MOUs.
2. Adopted Resolution 2026-87 to approve the Summaries of Compensation and Benefits for the non-represented Mid-Managers and the Executive Managers through June 30, 2030.
3. Adopted Resolution 2026-88 to approve the updated Citywide Salary Schedule and Classification Specifications.
For (4): Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Absent (1): Mayor Su
Vote: Carried (4 to 0)
9.4 Designation of Voting Delegate for the 2026 League of California Cities Annual Conference and Expo
City Clerk Margaret Wimberly presented the requirement to designate a voting delegate and optional alternates for the League of California Cities Annual Conference and Expo.
No public comments were received, and public comment was closed.
Motion: Council Member Disko
Second: Council Member Harrison
Staff recommends that the City Council take the following actions:
1. Selected Council Member Matt Disko to serve as the Voting Delegate for the 2026 League of California Cities Annual Conference and Expo and selected Council Member Bernice Tingle as an Alternate Voting Delegate.
2. Adopted Resolution 2026-89 designating the selected Council Member as the Voting Delegate and any alternates, if applicable.
3. Directed the City Clerk to submit the official designation to Cal Cities no later than September 1, 2026.
For (4): Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Absent (1): Mayor Su
Vote: Carried (4 to 0)
Item 7.1
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10. CITY COUNCIL DISCUSSION ITEMS
10.1 2023–2031 City of Mountain House Housing Element: Draft Goals, Policies, and Programs
Planning staff and PlaceWorks presented the City’s first Housing Element, including state deadlines, community outreach, the review schedule, six proposed goals, and 26 programs addressing housing supply, affordable and special-needs housing, governmental constraints, fair housing, and preservation. Council discussed public input, distribution of affordable housing, accessibility, state review and compliance, use of affordable housing funds, and unfunded state requirements. No formal action was taken.
10.2 City Manager’s Update
City Manager Steven Pinkerton reported on follow-up to a prior road-naming comment, human resources, risk-management recoveries, the annual audit, recreation attendance and facility use, and automated traffic enforcement. Council asked about dumping along Kelso Road and whether automated traffic citations were primarily issued to Mountain House residents. Staff stated that Alameda County had been contacted regarding dumping and that most cited drivers were not Mountain House residents.
11. FUTURE AGENDA ITEMS
11.1 Report of Future Agenda Items and Long-Range Calendar Steven Pinkerton, City Manager, presented an overview of the Long Range Calendar and upcoming agenda items to the City Council.
12. COUNCIL COMMENTS
Council Member Harrison discussed attendance at an MC3 apprenticeship-readiness graduation, thanked staff for hosting the Taiwan baseball team, and announced a brief cultural presentation at Town Hall the following morning.
Council Member Tingle requested quarterly Council review of the Strategic Plan, alignment of staff reports with strategic priorities, continued partnership with the building trades.
13. CITY ATTORNEY COMMENTS
The City Attorney had no comments.
Item 7.1
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14. CITY MANAGER COMMENTS
The City Manager had no additional comments.
15. ADJOURNMENT
Vice Mayor Green adjourned the meeting at 10:51 PM
Item 7.1
Mountain House Page 29 of 269 TITLE: List of Recent Agreements under the City Manager Signature Authority MEETING DATE: September 9, 2026
PREPARED BY: Kawal Preet, Senior Management Analyst
RECOMMENDATION
There is no action required for an informational item.
DISCUSSION
To maintain alignment with past practices, staff is bringing forward the report of any agreements signed under the City Manager’s spending authority.
Attached is a list of agreements signed by the City Manager, or designee, under the Purchasing Agent authority, during the month of August 2026.
FISCAL IMPACT
There is no adverse fiscal impact to the Fiscal Year 2026-2027 adopted budget.
ATTACHMENTS
Attachment A: List of Recent Contracts
Item 7.2
Mountain House Page 30 of 269 CONSENT ITEM 7.3
ATTACHMENT A
City of Mountain House
2026-2027 Consultant/Contractor Agreements
Under City Manager's Signing Authority
Agreement # Contractor/Consultant Scope of Service PO Total Contract Amount
A-2627-19 HdL (Hinderlitter de Llamas) Evaluation of residential and rental property programs 1151 $ 8,500.00 `
9/2/2026
Item 7.2
Mountain House Page 31 of 269 TITLE: Second Reading – MHD CR Land Use Changes Zone Reclassification (ZR-25-001) MEETING DATE: September 9, 2026
PREPARED BY: John B. Anderson and David Niskanen, Contract Planners
RECOMMENDATION
Staff recommends that the City Council conduct the second reading and adopt an Ordinance approving Zone Reclassification No. ZR-25-001 and making the required findings related to the MHD CR Land Use Changes.
BACKGROUND
Prior City Council Action
On August 26, 2026, the City Council considered the MHD CR Land Use Changes project, including the associated General Plan, Master Plan, Specific Plan II, zoning, Parks, Recreation and Leisure Plan, and subdivision approvals. As part of that action, the City Council introduced an Ordinance approving Zone Reclassification No. ZR-25-001.
The Ordinance is now returning to the City Council for second reading and adoption. No changes to the Ordinance are proposed as part of this second reading.
Mountain House Master Plan and Specific Plan II
Mountain House is a 4,780-acre master planned community located in western San Joaquin County. The Mountain House Master Plan was approved in 1994 following certification of the Final Environmental Impact Report (FEIR) (State Clearinghouse No. 190020776) for the Mountain House Master Plan and Specific Plan I.
Specific Plan II was subsequently approved in 2004 to implement the goals and objectives of the Master Plan for Neighborhoods C, D, H, I, J, K, and L, and the Town Center. An Initial Study and Mitigated Negative Declaration were approved prior to adoption of Specific Plan II.
Concurrent with the approval of Specific Plan II, the Master Developer, Trimark Communities, LLC, and San Joaquin County executed a Specific Plan II Development Agreement and approved related amendments to the Master Plan and other community approvals. Collectively, these approvals established vested development rights for the dwelling units and nonresidential acreage authorized under Specific Plan II. These vested rights include development under applicable County policies, standards, and ordinances in effect at the time of the Development Agreement, including the density and pace of development within Specific Plan II. The Development Agreement became effective December 1, 2000, and expires February 8, 2035.
Item 7.3
Mountain House Page 32 of 269 Neighborhoods C, D, H, and portions of the Town Center have been fully developed in accordance with applicable community approvals. Significant infrastructure has also been installed by Mountain House Developers (MHD) to support development within Neighborhoods I, J, K, and L. As a result of mass grading and infrastructure installation, approximately 85% of the previously approved project area has been developed. Portions of Neighborhood J have also been completed with residential development and public uses.
Prior Amendments and Development Approvals
Since adoption of Specific Plan II, the Master Plan, Specific Plan II, and related development approvals have been amended several times to respond to changing development conditions and community needs.
In 2007, Master Plan Amendment PA-0600335 and Specific Plan II Amendment PA-0600337 revised the Neighborhoods I and J land plans and included new tentative maps. The amendments revised lot and golf course layouts and eliminated previously proposed work within Dry Creek that would have required a U.S.
Item 7.3
Mountain House Page 33 of 269 Army Corps of Engineers Section 404 permit, allowing the existing Dry Creek wetland areas to remain in place.
In 2017, Master Plan Amendment PA-1700002 and Specific Plan II Amendment PA-1700004 revised the Town Center land plan, including adjustments to the roadway network and relocation of various land uses.
In 2019, Master Plan Amendment PA-1800039 and Specific Plan II Amendment PA-1800040 included lot layout revisions, conversion of the golf course to open space and commercial recreation uses, and reallocation of a portion of the age-restricted units within Neighborhoods J and K.
In 2021, the San Joaquin County Community Development Department approved MHD's request to determine that minor modifications to the approved tentative maps for Neighborhoods I and L were in substantial conformance with PA-0600327.
In 2022, Master Plan Amendment PA-2100205 and Specific Plan II Amendment PA-2100206 included lot layout revisions, reduced the number of age-restricted housing units from 2,587 to 870, eliminated the requirement that Neighborhood I be restricted to active-adult residents, relocated Community Park and Neighborhood Park sites, and added a 16-acre K-8 school site to accommodate additional students associated with allowing non-age-restricted housing in Neighborhood I.
In 2024, the San Joaquin County Board of Supervisors approved an amendment to the Subsequent Development Agreement (SDA) extending the life of approved and future tentative maps to align with the SDA. The action extended the tentative maps for Neighborhoods I, J, K, and L through February 8, 2035, with opportunities for up to 15 additional years of extensions as provided by the amended SDA (Board Resolution No. R-24-113 and Ordinance No. 464).
Also in 2024, the Mountain House City Council approved Master Plan Amendment PA-2300285 and Specific Plan II Amendment PA-2300284. These amendments revised the acreage of Residential Low, Residential Medium, Commercial Recreation, Community Park, Public Facilities, and Regional Park land use designations within Neighborhoods I, J, K, and L. The amendments also eliminated the requirement that portions of Neighborhoods J and K be restricted to active-adult residents and shifted the remaining age-restricted housing obligation to Neighborhood L.
DISCUSSION
Project Overview
The Applicant, Mountain House Developers, LLC (MHD), is requesting a series of land use and subdivision approvals affecting six locations within Neighborhoods I, J, K, and L, generally located north of Byron Road.
The Proposed Project includes amendments to the City's General Plan, Master Plan, Specific Plan II, zoning, and Parks, Recreation and Leisure Plan, together with four Major Tentative Subdivision Maps.
Specifically, the Proposed Project includes the following applications:
Item 7.3
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1. General Plan Amendment No. GPA-25-002
2. Master Plan Amendment No. MPA-25-002
3. Specific Plan II Amendment No. SPA-25-002
4. Zone Reclassification No. ZR-25-001
5. Parks, Recreation and Leisure Plan Amendment
6. Four Major Subdivision Applications:
• TSM-25-002 (Tract 4265), Neighborhood I
• TSM-25-003 (Tract 4268), Neighborhood I
• TSM-25-005 (Tract 4270), Neighborhood J
• TSM-25-006 (Tract 3935), Neighborhood K
The areas associated with the Proposed Project are illustrated in the following exhibit.
Location Map
Proposed Land Use Changes and Subdivision Maps
Item 7.3
Mountain House Page 35 of 269 The proposed amendments and subdivision applications are described below by Area and Neighborhood, corresponding to the locations identified in the Location Map above.
1. AREA 1 – NEIGHBORHOOD I (APN: 258-26-009, -010, -022, and -037) – AMENDMENTS TO
GENERAL PLAN, MASTER PLAN, SPECIFIC PLAN II, ZONE RECLASSIFICATION, PARKS, RECREATION, & LEISURE PLAN AMENDMENT, AND MAJOR SUBDIVISION APPLICATION NO.
TSM-25-002 (TRACT 4265)
Area 1 is located west of Great Valley Parkway, north of Byron Road in Neighborhood I of Specific Plan II, near the western City limit line. The proposed Project consists of the following requests for Area 1:
• General Plan and Master Plan Amendments to change the land use designation of Area 1 from Recreation Commercial (C/R) and Community Park to Low and Medium Density Residential (R/L and R/M);
• Specific Plan II Amendment to modify the land use designation of Area 1 from Commercial Recreation (C-R) and Community Park to Medium Density Residential (R-M); • Zone Reclassification to rezone Area 1 from Recreation Commercial (C-R) and Community Park to Medium Density Residential (R-M)
• Major Tentative Subdivision Map (TSM-25-002) to subdivide approximately 8.54 net acres into 58 residential lots. Typical lot dimensions within the proposed Tentative Subdivision Map are 50’ x 120’ (6,000 SF lots) and all lots are proposed to front on “A Avenue” (currently under construction) The proposed new residential lots would back up to planned open space areas. • The R/M density range per the General Plan is between 6.1 and 10.0 dwelling units per acre. The proposed density for Area 1 / Tract 4265 is 6.8 dwelling units per net acre, which is consistent with the General Plan density range.
2. AREA 2 – NEIGHBORHOOD I (APN: 258-26-003, -004, and -005) – AMENDMENTS TO GENERAL
PLAN, MASTER PLAN, SPECIFIC PLAN II, ZONE RECLASSIFICATION, PARKS, RECREATION & LEISURE PLAN AMENDMENT, AND MAJOR SUBDIVISION APPLICATION NO. TSM-25-003 (TRACT 4268)
Area 2 is located along the west side of Great Valley Parkway, north of Byron Road in Neighborhood I of Specific Plan II. Area 2 is located just north of the City’s Water Treatment Plant Expansion area at the northwest corner of Byron Road and Great Valley Parkway, and immediately east of the wetland/conservation areas along Dry Creek. The proposed Project consists of the following requests for Area 2:
• General Plan and Master Plan Amendments to change the land use designation of Area 2 from Recreation Commercial (C/R), Public (P/F), and Community Park to Low and Medium Density Residential (R/L and R/M);
• Specific Plan II Amendment to modify the Specific Plan land use designation of Area 2 from Commercial Recreation (C-R), Public Facilities (P-F), and Community Park to Low Density Residential (R-L);
Item 7.3
Mountain House Page 36 of 269 • Zone Reclassification to rezone Area 2 from Recreation Commercial (C-R) and Public Facilities (PF) to Low Density Residential (R-L); • Major Tentative Subdivision Map (TSM-25-003) to subdivide approximately 17.12 net acres into 82 single-family residential lots. Typical lot dimensions are 50 feet by 100 feet (5,000 square feet).
Access would be provided by an interior roadway connecting to Great Valley Parkway. A sevenfoot-tall Community Wall is proposed along Great Valley Parkway and along the rear of lots nearest to the Water Treatment Plant Expansion area; and • The R/L density range under the General Plan is 2.1 to 8.0 dwelling units per acre. The proposed density for Area 2/Tract 4268 is 4.8 dwelling units per net acre, which is consistent with the General Plan density range.
3. AREA 3 – NEIGHBORHOOD J (APN: 258-03-060 and -061) – AMENDMENTS TO GENERAL PLAN,
MASTER PLAN, SPECIFIC PLAN II, ZONE RECLASSIFICATION, PARKS, RECREATION, & LEISURE PLAN AMENDMENT, AND MAJOR SUBDIVISION APPLICATION NO. TSM-25-005 (TRACT 4270) Area 3 is located along Central Parkway, north of Byron Road in Neighborhood J of Specific Plan II and is divided by Kirpa Way. The proposed Project consists of the following requests for Area 3:
• General Plan and Master Plan Amendments to change the land use designation of Area 3 from Recreation Commercial (C/R) to Low and Medium Density Residential (R/L and R/M) and Commercial Neighborhood (C/N).
• Specific Plan II Amendment to modify the Specific Plan land use designation from Commercial Recreation (C-R) to Medium Density Residential (R-M) and Neighborhood Commercial (C-N). • Zone Reclassification to rezone Area 3 from Recreation Commercial (C-R) to Medium Density Residential (R-M) and Neighborhood Commercial (C-N).
• Major Tentative Subdivision Map (TSM-25-005) to subdivide approximately 2.47 net acres into 15 residential lots, plus one neighborhood commercial parcel approximately 1.65 acres in size.
Typical lot dimensions are 45 feet by 100 feet (4,500 square feet). Access would be provided by an interior roadway from Central Parkway to Kirpa Way. The Neighborhood Commercial parcel would have frontage along Central Parkway and Kirpa Way. Residential units would front Central Parkway, with garage access provided from the interior roadway. • The R/M density range under the General Plan is 6.1 to 10.0 dwelling units per acre. The proposed density for Area 3/Tract 4270 is 6.1 dwelling units per net acre, which is consistent with the General Plan density range.
4. AREA 4 – NEIGHBORHOOD K (APN: 258-04-005, and -028) – AMENDMENTS TO GENERAL PLAN,
MASTER PLAN, SPECIFIC PLAN II, ZONE RECLASSIFICATION, AND MAJOR SUBDIVISION APPLICATION NO. TSM-25-006 (TRACT 3935)
Area 4 is located at the northeast corner of Central Parkway and Stockyard Drive in Neighborhood K of Specific Plan II, north of the Fire Station. The proposed Project consists of the following requests for Area 4:
Item 7.3
Mountain House Page 37 of 269 • General Plan and Master Plan Amendment to change the Land Use Designation of Area 4 from Community Commercial (C/C) to Low & Medium Density Residential (R/L & R/M). • Specific Plan II Amendment to modify the Specific Plan Land Use Designation from Community Commercial (C-C) to Medium Density Residential (R-M).
• Zone Reclassification to rezone Area 4 from Community Commercial (C-C) to Medium Density Residential (R-M).
• Major Tentative Subdivision Map (TSM-25-006) to subdivide approximately 9.72 net acres into 63 residential lots. Typical lot dimensions are 45 feet by 85 feet (3,825 square feet). Access would be provided from Stockyard Road and the future extension of Moana Avenue. • The R/M density range under the General Plan is 6.1 to 10.0 dwelling units per acre. The proposed density for Area 4/Tract 3935 is 6.5 dwelling units per net acre, which is consistent with the General Plan density range.
5. AREA 5 – NEIGHBORHOOD K (APN: 258-040-25) – AMENDMENTS TO GENERAL PLAN, MASTER
PLAN, SPECIFIC PLAN II, ZONE RECLASSIFICATION, PARKS, RECREATION & LEISURE PLAN AMENDMENT.
Area 5 is located along Central Parkway in Neighborhood K within the Specific Plan II area and surrounds Fire Station No. 2 on three sides. Although there is no proposed Tentative Subdivision Map for Area 5, the proposed Project consists of the following requested actions:
• General Plan and Master Plan Amendment to change the Land Use Designation of Area 5 from Public (P/F) to Low Density & Medium Density Residential (R/L & R/M). • Specific Plan II Amendment to modify the Specific Plan Land Use Designation from Public (P-F) to Medium Density Residential (R-M).
• Zone Reclassification to rezone Area 5 from Public Facilities (P-F) to Medium Density Residential (R-M).
The Parks, Recreation and Leisure Plan currently identifies Area 5 as one of eight designated Trail Staging Areas supporting the Mountain House Creek and Old River Regional Park trail systems.
Approval of the proposed land use amendments would necessitate relocation of the Trail Staging Area planned along Mountain House Creek to a location farther north at the confluence of Old River and the planned Old River Regional Park. As part of any future implementation, the relocated staging area and associated park improvements would require further planning and refinement.
Staff requested that the applicant submit a conceptual design for Area 5 to assist in determining whether future residential development could reasonably be accommodated on the site. The conceptual design is for planning purposes only and is not a Tentative Subdivision Map or proposed for approval as part of the current Project. Staff has identified several planning considerations that would require additional evaluation as part of any future Tentative Subdivision Map entitlement process, including:
• Access to the parcel from Stockyard Drive and the availability of a single point of access, particularly for emergency vehicles.
Item 7.3
Mountain House Page 38 of 269 • Proximity to Fire Station No. 2 and potential noise impacts on future residences. • The Mountain House Master Plan includes Implementation Measure M, Staging Areas (Page 7.16), which requires two staging areas within the portion of the Mountain House Creek corridor between Great Valley Parkway on the southwest and Byron Road on the northeast. The proposed Project would relocate the “Northern MH Creek Staging Area” farther north along Old River Regional Park. A conceptual drawing of the combined staging area is presented below. • Consideration of public parking within any future subdivision design to provide access to Mountain House Creek. These parking spaces would be dedicated for public trail access and maintained by the project’s Homeowners Association (HOA). • Any future subdivision of Area 5 would be required to adhere to City standards, including, but not limited to, street widths, guest parking, and emergency access. • Conversion of land currently designated for public facilities.
6. AREA 6 – NEIGHBORHOOD L (APN: Portions of 209-040-23 and 258-040-33) – AMENDMENTS TO
GENERAL PLAN, MASTER PLAN, SPECIFIC PLAN II, ZONE RECLASSIFICATION, PARKS, RECREATION & LEISURE PLAN AMENDMENT.
Area 6 is located along the east side of Central Parkway, immediately north of Byron Road and the railroad right-of-way, in Neighborhood L within the Specific Plan II area. Area 6 consists of portions of two parcels that also include the Mountain House Creek corridor between Byron Road and Old River. Although there is no proposed Tentative Subdivision Map associated with Area 6, the proposed Project consists of the following requests:
• General Plan and Master Plan Amendments to change the land use designation of Area 6 from Public (P/F) to Low and Medium Density Residential (R/L and R/M). • Specific Plan II Amendment to modify the Specific Plan land use designation from Public (P-F) to Low Density Residential (R-L).
• Zone Reclassification to rezone Area 6 from Public Facilities (P-F) to Low Density Residential (R-L).
Item 7.3
Mountain House Page 39 of 269 As noted above, Area 6 is designated as Public Facilities (P/F) and was originally planned as the North Community Park site under Specific Plan II. The North Community Park was located to a more centrally accessible location in a prior land use approval. The proposed amendments would modify the General Plan, Specific Plan II, and Zoning Map to allow for potential future subdivision and low-density residential development in this area.
Access to Area 6 is contemplated from Central Parkway to the west, as well as through a potential new Mountain House Creek crossing to the east near the existing Water Quality Basin. Final design options for access to the property from the east have not been fully evaluated at this time.
Staff requested a conceptual subdivision layout to assist in evaluating whether future residential development could reasonably be accommodated on the site. The conceptual layout is for planning purposes only and is not a Tentative Subdivision Map or proposed for approval as part of the current Project. Based on its review, staff identified several planning considerations that would require additional evaluation as part of any future Tentative Subdivision Map entitlement process, including:
• Development of permanent access from Central Parkway. • Feasibility and design of new combined pedestrian and vehicular crossing over Mountain House Creek. This new planned crossing would be mid-block, between Byron Road and the planned creek crossing of Toda Mal Drive’s extension of Mountain House Parkway north of Byron Road.
Figure 7.6, SPII Mountain House Creek Park
• Compatibility with the surrounding open space and Mountain House Creek corridor.
Summary of Major Subdivision Maps
Area Acreage (Net) Number of Lots Density (Net)
Area 1 (Tract 4265) – TSM-25-002 8.54 58 6.8 du/ac
Area 2 (Tract 4268) – TSM-25-003 17.12 82 4.8 du/ac
Area 3 (Tract 4270) – TSM-25-005 2.47 15 6.1 du/ac
Area 4 (Tract 3935) – TSM-25-006 9.72 63 6.5 du/ac
Sub-Total 37.85 218
Area 5* 4.8 33 6.9 du/ac
Area 6* 22.3 86 3.9 du/ac
Total 64.95 337
*These lot counts are based on conceptual lotting plans.
Amendments to the Master Plan and Specific Plan II
Item 7.3
Mountain House Page 40 of 269 The proposed Project requires amendments to the text, tables, and figures of the Master Plan and Specific Plan II to reflect the proposed land use designation changes. The proposed amendments include the following:
Master Plan
• Update the text to remove references to “Village Centers” from Section 3.1.2, Overall Concepts; clarify school facilities objectives and adjacent parkland in Neighborhood J; and update Community Park policy regarding the location of the Community Park in Specific Plan II, which would be located centrally within the community.
• Update tables to reflect the proposed land use designation amendments, including Land Use Summary Tables, Student Generation, Recreation and Open Space acreages, and Water and Sewer Demand Tables.
• Update figures throughout the Master Plan to reflect the proposed land use designation amendments, including Master Plan Designations, Landscape Concept, Recreation and Open Space, Bicycle and Pedestrian Network, and Transit Routes and Facilities.
Specific Plan II
• Update the text to remove references to “Village Centers” from the Neighborhood Design Section and Master Plan Summary.
• Update tables to reflect the proposed land use designation amendments, including the Land Use Summary Table, Neighborhood Land Use Table, and Minimum/Maximum and Expected Residential Units by Neighborhood Table.
• Update figures throughout Specific Plan II to reflect the proposed land use designation amendments, including Master Plan Designations, Specific Plan II Land Use/Zoning, Neighborhood Land Use, Neighborhood L Community Commercial, and SPII Transit System figures.
Amendments to Parks, Recreation, and Leisure Plan
The Parks, Recreation, and Leisure Plan was adopted by the Mountain House Community Services District (MHCSD) Board in 2021 and carried forward by the City upon incorporation in July 2024.
The purpose of the Parks, Recreation, and Leisure Plan is to “refine the vision for parks and recreation and update its plan and guidelines for the park system.” The most significant proposed amendment involves reconfiguring portions of the planned Greenway Loop Park to accommodate new residential development while maintaining the overall recreational function and connectivity of the loop park system.
The 2021 Parks, Recreation, and Leisure Plan envisions the Greenway Loop Park as a continuous open space and trail network supporting recreation, fitness, and community connectivity. Under the proposed project, portions of the planned park would be reconfigured, reducing designated Loop Park acreage from 148.3 acres to 126.7 acres (approximately 21.6 acres). In addition, the average width of the Greenway Loop Park would decrease from approximately 250 feet to 230 feet in certain locations. It is important to note that the Greenway Loop Park plans submitted as part of this application are preliminary in Item 7.3
Mountain House Page 41 of 269 nature and the action by City Council does not “approve” the design. Final design of the Greenway Loop Park and Neighborhood Park(s) will be submitted to the City for review and approval at a later date.
The proposed Parks, Recreation, and Leisure Plan amendments include the following:
• Revise the park acreage for Old River Regional Park and Creek Park to be consistent with the Master Plan and Specific Plan II.
• Revise the park acreage for Greenway Loop Park to reflect the proposed land use changes and maintain consistency with the Master Plan and Specific Plan II. • Update Figures 1 and 2 to reflect revised land use designations, trail alignments, open space configurations, and the proposed relocation of the Trail Staging Area associated with Area 5.
Residential Density Redistribution
One of the primary policy questions raised by the proposed Project is whether the additional residential lots would increase the City's overall residential capacity. The proposed Project does not increase the communitywide dwelling unit limit. The Mountain House Master Plan establishes a maximum of 16,105 dwelling units communitywide, and the proposed Project maintains compliance with that limit by redistributing anticipated residential density within Specific Plan II rather than increasing the total number of dwelling units.
Master Plan Policy 3.3.1 requires amendments to a Specific Plan to demonstrate consistency with the communitywide dwelling unit limit. To accomplish this, the applicant proposes to redistribute anticipated residential density from designated Medium High Density Residential (R-MH) areas within Neighborhoods I, K, and the Town Center. Specifically, the assumed density for most R-MH sites would be reduced from
14.0 dwelling units per acre to 10.7 dwelling units per acre, creating capacity for the additional residential lots proposed elsewhere within Specific Plan II while preserving the overall Master Plan dwelling unit cap.
The active adult R-MH sites in Neighborhood K would continue to assume a residential density of 12 dwelling units per acre, consistent with prior planning assumptions and representations made to the Lammersville Unified School District.
The applicant submitted revised Master Plan and Specific Plan II tables documenting the proposed density redistribution and updated neighborhood dwelling unit counts. Staff reviewed the revised planning assumptions and determined that the proposed amendments remain consistent with Master Plan Policy
3.3.1 and the established communitywide dwelling unit limit.
Commercial Acreage
As noted above, Area 4 includes the proposed conversion of 9.72 net acres designated for Community Commercial uses to Medium Density Residential uses at the northeast corner of Central Parkway and Stockyard Drive in Neighborhood K. This represents a change from the land use program established in the Mountain House Master Plan and Specific Plan II, which envisioned a self-sustaining community supported by commercial and retail centers. Specifically, the Master Plan identified three village Item 7.3
Mountain House Page 42 of 269 commercial areas, each approximately 20 acres in size, intended to provide community-serving commercial uses and services.
Since adoption of the Master Plan, retail patterns have changed significantly, including increased use of e-commerce, delivery services, and other alternatives to traditional brick-and-mortar retail. Although the proposed Project would reduce land designated for Community Commercial uses by 9.72 net acres, the City would continue to retain more than 200 acres of commercially designated land to accommodate future retail, office, and employment-generating uses.
In addition, in 2024, the City approved the conversion of approximately 6.5 acres from Industrial to Community Commercial at the northeast corner of Byron Road and the planned extension of Mountain House Parkway north of Byron Road. The City's remaining commercial areas are generally located along major transportation corridors, including Grant Line Road, Mountain House Parkway, and Byron Road, where they are positioned to serve existing and future residents.
Projected Student Enrollment
Although the proposed project remains consistent with the Master Plan's overall dwelling unit cap, the proposed redistribution of residential density is projected to increase student generation compared to the assumptions currently reflected in the Master Plan. Based on staff's review of the applicant's proposed land use changes and application of the student generation rates established in the Master Plan, buildout of Specific Plan II is projected to generate approximately 79 additional kindergartens through eighth grade students and 43 additional high school students beyond the existing Master Plan assumptions.
Chapter 5, Education, Child Care, and Library Services, of the Mountain House Master Plan establishes the policies and planning assumptions used to coordinate residential development with school facilities.
Student generation under the Master Plan is based on residential land use designations and the associated student generation rates for each housing type, rather than the total number of dwelling units alone.
Consequently, changes in residential density assumptions can affect projected school enrollment even when the overall dwelling unit cap remains unchanged.
For context, the Existing Conditions Report prepared for the City's General Plan Update (March 2026) indicates that schools serving Mountain House enrolled approximately 7,949 students during the 2024- 25 school year, including approximately 5,521 students in kindergarten through eighth grade and 2,428 students in grades nine through twelve. Table 5.1 of the Mountain House Master Plan establishes the student generation rates used to estimate projected school enrollment at community buildout. The table is provided below for reference.
Item 7.3
Mountain House Page 43 of 269 The increase in projected student generation results from the proposed redistribution of residential density within Specific Plan II. While the proposal maintains compliance with Master Plan Policy 3.3.1 by preserving the overall dwelling unit cap, it shifts anticipated residential development from Medium High Density Residential (R-MH) land to Low Density Residential (R-L) and Medium Density Residential (R-M) land uses. Under the Master Plan's adopted student generation methodology, lower-density residential land uses generate more students per dwelling unit than Medium High Density Residential land uses.
Accordingly, the proposed redistribution increases projected student enrollment even though the total number of dwelling units remains unchanged.
The following tables compare the existing Specific Plan II residential assumptions with the applicant's proposed amendments and illustrate the resulting changes in projected student generation.
Existing Specific Plan II Student Generation
Proposed Specific Plan II Student Generation
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Mountain House Page 44 of 269 The projected increase in student generation reflects the planning assumptions established by the Mountain House Master Plan for long-range land use planning. This analysis is intended to evaluate consistency with the Master Plan and inform the City's consideration of the proposed land use amendments. Questions regarding school facility capacity, future enrollment, school funding, and implementation of school mitigation requirements remain within the jurisdiction of the Lammersville Unified School District and will continue to be evaluated through applicable development review processes.
Lammersville Unified School District (LUSD) was consulted during the project review period for this project and has submitted comments. The initial comments dated March 18, 2026 were based on a much larger student generation rate. After further review, it was determined that the student generation rate was significantly lower than the original estimate and there was additional correspondence on March 23, 2026. As of August 21, 2026 LUSD has not taken a stance opposing or supporting the project.
Utilities
Water
The City’s current water supply is purchased from the Byron Bethany Irrigation District (BBID). BBID’s primary source of supply is the State Water Project (SWP), which diverts surface water from the Sacramento-San Joaquin Delta. The City’s Water Treatment Plant (WTP) treats the water to meet State requirements before it is distributed through the City’s water system, including water mains and storage facilities.
The proposed Project would install water utility connections within each subdivision and connect to existing City infrastructure located within adjacent roadways. CBG Engineers evaluated the impacts of the proposed Project on water system capacity and determined that the Project would result in a net increase of 29,770 gallons per day in domestic water demand and 31,259 gallons per day in water storage demand. The analysis concluded that the City’s existing and planned water infrastructure can accommodate the projected increase in demand associated with the proposed Project.
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Mountain House Page 45 of 269 Water infrastructure serving the proposed subdivisions will be required to be designed and constructed in accordance with City standards. The Project is also conditioned to participate in the City’s Water Treatment Plant expansion.
Sewer
The City’s wastewater system includes collection, treatment, and disposal facilities. Approximately 80% of the service area drains by gravity through the backbone collection system to the Wastewater Treatment Plant (WWTP), while the remaining areas are or will be served by lift stations and force mains as development occurs. At buildout, the WWTP is planned for a capacity of 5.4 million gallons per day (MGD), with expansion occurring as development triggers additional capacity needs consistent with the Master Plan.
Development of each proposed Major Tentative Subdivision Map will require installation of in-tract sewer lines connecting to existing sewer infrastructure in A Avenue, Great Valley Parkway, and Central Parkway.
CBG Engineers evaluated the impacts of the proposed land use changes on sewer capacity and concluded that the proposed amendments would result in a net decrease of 54,745 gallons per day in projected wastewater demand, primarily because the commercial uses currently planned for portions of the Project area have higher estimated wastewater demand than the proposed residential uses.
Drainage
The Mountain House Master Plan establishes objectives, policies, and implementation measures for the City’s storm drainage system, including watershed drainage, primary and secondary storm drain facilities, Mountain House Creek, Best Management Practice (BMP) treatment, flood protection, and phasing of storm drainage improvements. Chapter 15, Storm Drainage and Flood Protection, of Specific Plan II further identifies the improvements necessary to implement these Master Plan requirements.
Pursuant to Specific Plan II, runoff from Neighborhoods I and J is routed through the Greenway Loop Park BMP system before ultimately reaching the lake/BMP system in Neighborhood K. Runoff from Neighborhood I is routed through the Greenway Loop Park BMPs to a detention basin near the terminus of Dry Creek, with flows exceeding basin capacity conveyed to the Neighborhood K lake/BMP system.
Runoff from Neighborhood J is routed through the Greenway Loop Park BMPs and discharged to the Neighborhood K lake/BMP system.
The proposed Project will be required to design and construct storm drainage improvements in accordance with the City’s applicable storm drainage standards and requirements.
Traffic Generation
A Traffic Memorandum prepared by TJKM, dated August 20, 2026, evaluates the proposed Project and associated land use changes. TJKM estimated trip generation using rates from the ITE Trip Generation Manual (11th Edition). Table 4 of the Traffic Memorandum compares estimated trip generation under the existing approved land use designations with the proposed land use designations.
Item 7.3
Mountain House Page 46 of 269 The existing Land Use Designations include Commercial Recreation, Community Commercial, and Public Facility and the proposed Land Use Designations include Low Density Residential and Medium Density Residential.
As shown in the TJKM Traffic Memorandum, the proposed residential land uses are anticipated to generate 4,352 average daily trips (ADT), including 323 AM peak-hour trips and 428 PM peak-hour trips.
By comparison, the existing approved land use designations are estimated to generate 11,696 ADT.
Accordingly, the proposed Project is calculated to result in a net decrease of 7,344 ADT.
The reduction is attributable to the higher trip generation rates associated with the existing Commercial Recreation, Community Commercial, and Public Facilities land use designations compared with the proposed residential land uses, based on the ITE Trip Generation Manual (11th Edition).
Public Land Equity Program (PLEP)
Under the Public Land Equity Program (PLEP), each discretionary application is required to provide its fair share of public lands within the Mountain House community, equal to 21.2% of the mapped area.
If a parcel has a Public Land Deficit, the landowner is required to satisfy the deficit through one or more of the following methods:
1. Dedicating Public Land which is not on the subject parcel, but which is within the Mountain House Community to the Applicable Public Agency, sufficient in acreage to meet said Public Land Deficit;
2. Transferring fee title ownership of Private Land which is not needed for public facilities or services, but which is within the Mountain House Community to MHCSD sufficient in acreage to meet said Public Land Deficit.
3. Submitting land vouchers to the MHCSD, sufficient in acreage to meet said Public Land Deficit. (Mountain House Development Title, Division 12, Infrastructure and Services Financing, Chapter 3, Public Land Equity Program, and Division 1, General Provisions, Chapter, 3, Definitions, Section 9-1-304, Definitions for “Public Land Deficit”, “Applicable Public Agency”, “Private Land”, and “land voucher”.); and/or
4. Using any combination of the actions specified in (1) through (3).
As a Condition of Approval for each proposed Major Tentative Subdivision Map, the Project applicant shall meet the PLEP requirement. MHD is aware of this Condition of Approval and will meet the PLEP requirement prior to approval of each Final Map.
Consistency with Adopted Plans
Section 9-8-203.1 (General Plan Amendments), Section 9-8-303.1 (Master Plans), Section 9-8-503.1 (Specific Plans), and Section 9-8-703.1 (Zone Reclassifications) require specific studies associated with any change to the General Plan, Master Plan or associated Specific Plans.
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Mountain House Page 47 of 269 Specifically, each of the cited Chapters states that prior to taking action on an application for a General Plan, Master Plan and/or a Specific Plan Amendment “the impact of the proposed Amendments on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the proposed Amendments on the financial and fiscal resources of the community and the City shall be determined.” Pursuant to those sections of the Development Title, staff reviewed the impact of the proposed amendments to the General Plan, the Mountain House Master Plan, and Specific Plan II documents, to determine the impact of each on the jobs/housing program and on housing affordability. Staff also reviewed the proposed amendments for consistency with the policies of the Public Financing Plan and financial and fiscal resources of the City. Staff found the following:
1. Based on the evidence supplied in this Staff Report, the proposed Amendments are supportive of the Mountain House Master Plan policies and Specific Plan II provisions regarding the development proposed;
2. The proposal does not adversely affect planned employment for the City of Mountain House;
3. The proposed project does not represent a significant change in jobs that are expected and does not adversely affect the number of jobs projected or the jobs/housing ratios anticipated for the community.
4. The proposal conforms to the applicable provisions of the Mountain House Design Manuals as amended, including provisions concerning standards for the site planning. Future residential units are required to adhere to applicable provisions of the Mountain House Design Manuals, including but not limited to landscape design and architectural styles;
5. The proposal does not increase the demand for public services; and
6. The proposal does not suggest amendments to the Jobs/Housing Program or Affordable Housing Programs.
Summary of Findings
In order to approve the Project, the City Council must make several Findings in the affirmative for each application, pursuant to Mountain House Development Title 9-8-204 (General Plan Amendments), 9-8- 304 (Master Plan Amendments), 9-8-504 (Specific Plan II Amendments), 9-8-704 (Zone Reclassifications), and 9-8-1904 (Major Subdivision Maps). These Findings are relatively the same for each application and require that the project:
A. Maintain consistency with the applicable plans (General Plan, Master Plan, Specific Plans, Public Financing Plan, and Development Agreement);
B. Is reasonable and beneficial at the time;
C. Does not affect the Jobs/Housing Program and housing affordability; D. Shall not adversely affect the Public Financing Plan; and E. Meets all applicable provisions of the Mountain House Development Title.
Conditions of Approval
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Mountain House Page 48 of 269 Staff prepared proposed Consolidated Conditions of Approval for each of the four Major Tentative Subdivision Map applications (TSM-25-002, TSM-25-003, TSM-25-005, and TSM-25-006). The Conditions of Approval establish the requirements governing development of each project area and will be adopted as part of the approval of each respective Tentative Subdivision Map.
Following approval of the Tentative Subdivision Maps, the applicant may submit Final Maps in substantial conformance with the approved Tentative Subdivision Maps. Applicable Conditions of Approval must be satisfied at the specified stages of development, including prior to Final Map approval, issuance of grading permits, approval of improvement plans, and issuance of building permits.
The Consolidated Conditions of Approval are organized by responsible department or division and by the applicable stage of development. The City also routed the proposed Project to applicable external agencies for review in March 2026.
Public Hearing Notice
A Notice of Public Hearing was published in the Tracy Press on July 31, 2026. On August 6, 2026, staff mailed the public hearing notice to property owners within a 500-foot radius of the Project boundary. The applicant also posted a Notice of Development Permit Application at each Project site on July 25, 2026, pursuant to Section 9-2-508 of the Mountain House Development Title. In addition, the public hearing notice was emailed to the City's Public Hearing subscribers and interested parties and posted at three locations accessible to the public.
Project materials, including the Project Description and Tentative Subdivision Maps, are available on the City's Active Projects webpage at https://www.mountainhouseca.gov/388/Active-Projects. The majority of these materials have been publicly available since March 2025 and have been updated by City staff throughout the City's review of the proposed Project.
FISCAL IMPACT
There is no specific fiscal impact associated with the processing of the proposed Project. Staff costs are paid by the applicant via a Deposit Reimbursement Agreement (DRA).
STRATEGIC PLAN
The proposed Project supports the City’s Strategic Plan, adopted April 9, 2025, by advancing implementation of the Master Plan, supporting housing opportunities, and promoting thoughtful growth and development consistent with the City’s long-term land use vision.
CEQA
Item 7.3
Mountain House Page 49 of 269 An Addendum to the 1994 Mountain House Master Plan Final Environmental Impact Report (1994 MEIR), prepared by ICF, dated August 2026 was prepared for the proposed Project and in compliance with the California Environmental Quality Act (CEQA).
The purpose and scope of the Addendum is to 1) describe the project; 2) evaluate the potential environmental impacts of the change in land use; and 3) determine whether there are significant new impacts not previously addressed in the 1994 MEIR or whether significant impacts previously identified in the 1994 MEIR would be substantially increased.
The Addendum to the 1994 Mountain House Master Plan FEIR found no new significant environmental effects, no substantial increases in the severity of previously identified environmental effects, and no new information of substantial importance that would require major changes to the 1994 Mountain House Master Plan FEIR pursuant to CEQA Guidelines Section 15162(a).
ACTION FOLLOWING CITY COUNCIL APPROVAL
Following adoption of the Ordinance, the Planning Division will update the applicable City planning documents, zoning maps and online policy documents, and file the required Notice of Determination (NOD).
ATTACHMENTS
Attachment A – Ordinance Approving Zone Reclassification No. ZR-25-001, Including Required Findings and Zoning Exhibit
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ATTACHMENT A
ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AMENDING
THE CITY OF MOUNTAIN HOUSE ZONING MAP RELATIVE TO ZONE RECLASSIFICATION APPLICATION NO. ZR-25-001
WHEREAS, San Joaquin County adopted the Mountain House Master Plan on November 10, 1994, per Resolution No. 94-690 (“Master Plan”) as the authoritative land use document guiding the development and buildout of the Mountain House Community Services District; and WHEREAS, San Joaquin County adopted the Mountain House Specific Plan II in 2004 to implement the goals and objectives of the Master Plan for Neighborhoods C, D, H, I, J, K, L, and the Town Center; and WHEREAS, the City of Mountain House incorporated July 1, 2024; and WHEREAS, the City of Mountain House City Council adopted the San Joaquin County General Plan as the Interim City of Mountain House General Plan, the Mountain House Master Plan, Mountain House Specific Plans I, II, and II, and the Commercial, Office & Industrial, Multi-Family Development, and Single Family Residential Design Manuals on July 1, 2024 via City Council Resolution No. 2024-16; and WHEREAS, the Project includes General Plan Amendment No. GPA-25-002, Master Plan Amendment No. MPA-25-002, Specific Plan Amendment No. SPA-25-002, Zone Reclassification No. ZR-25- 001, Parks, Recreation, and Leisure Plan Amendment, and Major Subdivision Application Nos. TSM-25- 002 (Tract No. 4265), TSM-25-003 (Tract No. 4268), TSM-25-005 (Tract No. 4270), and TSM-25-006 (Tract No. 3835); and
WHEREAS, the Project consists of a Zone Reclassification to change the Land Use Designation of Area 1 in Neighborhood I (APNs: 258-26-009, -010, -022, and -037) from Commercial Recreation (C-R) and Community Park to Medium Density Residential (R-M); and WHEREAS, the Project consists of a Zone Reclassification to change the Land Use Designation of Area 2 in Neighborhood I (APNs: 258-26-003, -004, and -005) from Commercial Recreation (C-R), Public (P-F) and Community Park to Low Density Residential (R-L); and WHEREAS, the Project consists of a Zone Reclassification to change the Land Use Designation of Area 3 in Neighborhood J (APNs: 258-03-060 and -061) from Commercial Recreation (C-R) to Medium Density Residential (R-M) and Neighborhood Commercial (C-N); and WHEREAS, the Project consists of a Zone Reclassification to change the Land Use Designation of Area 4 in Neighborhood K (APNs: 258-04-005 and -028) from Community Commercial (C-C) to Medium Density Residential (R-M); and
WHEREAS, the Project consists of a Zone Reclassification to change the Land Use Designation of Area 5 in Neighborhood K (APN: 258-040-25) from Public (P-F) to Medium Density Residential (R-M); and Item 7.3
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ATTACHMENT A
WHEREAS, the Project consists of a Zone Reclassification to change the Land Use Designation of Area 6 in Neighborhood L (APNs: 209-040-23 and 258-040-33) from Public (P-F) to Low Density Residential (R-L); and
WHEREAS, Title 9, Development Title, Division 8, Application Regulations, Chapter 7, Zone Reclassifications of the Mountain House Municipal Code provides for review and adoption of all zoning amendments; and
WHEREAS, pursuant to Government Code Section 65090, notice of the City Council Public Hearing was published in accordance with State law in at least one newspaper of general circulation within the City of Mountain House at least twenty (20) calendar days before the City Council Public Hearing; and WHEREAS, prior to the adoption of the Zone Reclassification, the City Council adopted a Resolution to Adopt the Addendum to the Mountain House Master Plan Environmental Impact Report (EIR) for the Project in accordance with the California Environmental Quality Act (CEQA) (SCH #1990020776); and
WHEREAS, prior to the adoption of the Zone Reclassification, the City Council reviewed and considered the information contained in the Addendum to the Mountain House Master Plan EIR (SCH #1990020776) and found that although the proposed project could have a significant effect on the environment, required mitigation measures will be implemented to reduce these effects to a less than significant level. Mitigation measures are incorporated and included as part of the Conditions of Approval for the project; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law including publishing of a legal notice of the hearing in the Tracy Press on or about July 31, 2026, mailed out to property owners located within a 500-foot radius from the Project area on or about August 6, 2026, and posting a Notice of Development Permit Application at each of the Project sites on July 25, 2026; and WHEREAS, on August 26, 2026, this City Council did conduct a public hearing on said matter, notice of said hearing having been given in accordance with law, and oral and documentary evidence having been received in favor of or opposed to said matter, and this City Council being advised on the premises; and
WHEREAS, the City Council has utilized its own independent judgement in adopting this Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mountain House based on substantial evidence in the administrative record of proceedings and pursuant to its own independent review and consideration, hereby approves Zone Reclassification No. ZR-25-001, as shown in Exhibit “A” of this Ordinance, attached hereto, and made a part of this Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Mountain House Zoning Map is hereby amended as shown in Zone Reclassification Exhibit “1” by approval of Zone Reclassification No. ZR-25-001 based on the Findings for Zone Reclassification provided. Exhibit “1” is attached hereto and made part of this Ordinance.
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ATTACHMENT A
SECTION 2. Zone Reclassification Findings. Pursuant to Section 9-8-704 of the Mountain House Development Title, the City Council finds and determines as follows:
A. The zone district is consistent with the General Plan, the Master Plan, any applicable Specific Plan and the Public Financing Plan;
This finding can be made because the use types are supportive of the Master Plan and Specific Plan II provisions regarding development.
B. The zone district is reasonable and beneficial at the time; This finding can be made because the properties involved are of adequate size and shape to accommodate the proposed developments, building coverages, setbacks, and parking areas meet the requirements of the Mountain House Development Title.
C. The zone district shall not adversely affect the jobs/housing program and housing affordability; and
This determination can be made because: 1) no changes are proposed to the Jobs/Housing Program or to the Affordable Housing Program; and 2) no significant changes in jobs are expected that would adversely affect the number of jobs projected or the jobs/housing ratios anticipated for the Community as part of the current or Zone Reclassification application.
D. All applicable provisions of the Mountain House Development Agreement have been met.
This determination can be made because: 1) the provisions of the “Shea Mountain House, LLC Development Agreement and successors (i.e., the Development Agreement by and between County of San Joaquin and Shea Mountain House, LLC, Relative to the Development of Certain Property within the Mountain House Community) that are applicable to the subject properties are not affected by the proposed project; 2) the Shea Mountain House, LLC Development Agreement incorporates provisions of the existing, principal Mountain House Development Agreement (Amended and Restated Master Plan Development Agreement by and between County of San Joaquin and Shea Mountain House Relative to the Development of Certain Property within the Mountain House Community) and no modification or supplementation of those antecedent provisions was determined to be necessary; and 3) the Shea Mountain House, LLC Development Agreement vests certain provisions/sections of the General Plan, Master Plan, the Mountain House Development Title, and Specific Plan II, and the proposed project does not change or alter those provisions/sections.
SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days after its adoption, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published once (1) in the Tracy Press, a newspaper of general circulation published in the City of Mountain House, State of California, with the names of the members of the City Council voting for and against the same.
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ATTACHMENT A
SECTION 4. Upon adoption by the City Council, the Community Development Director is hereby directed to retain said Zoning Map, as modified by the proposed related Amendments, on permanent public display in the Community Development Department, Planning Division in the City of Mountain House.
SECTION 5. Publication and Posting. The City Clerk shall comply with the publication and posting requirements set forth in Government Code Section 36933.
SECTION 6. Severability. If any provision of this Ordinance or the application thereof to an 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.
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Mountain House held this 26
th dayofAugust2026, by the following Vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________________
ANDY SU, MAYOR
City Council of Mountain House,
County of San Joaquin, State of California
ATTEST:
MARGARET WIMBERLY
City Clerk of the City Council of Mountain
House, County of San Joaquin, State of
California
By:
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ATTACHMENT A
EXHIBIT 1
Item 7.3
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ATTACHMENT A
Item 7.3
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ATTACHMENT A
Item 7.3
Mountain House Page 57 of 269 TITLE: Introduce an Ordinance amending Section 2-2-203 and adding Section 2-2-203.5 to the Mountain House Municipal Code Relating to the Procurement of Public Projects and Adopting Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act
MEETING DATE: September 9, 2026
PREPARED BY: Anjali Kothari, Management Analyst
Koosun Kim, PE, Public Works Director
RECOMMENDATION
Staff recommends that the City Council introduce and waive the first reading of an Ordinance amending Section 2-2-203 and adding Section 2-2-203.5 to the Mountain House Municipal Code and set the Ordinance for second reading and adoption on October 14, 2026.
BACKGROUND
On July 22, 2026, the City Council adopted Resolution No. 2026-61 electing for the City to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA). As discussed at that time, the former Mountain House Community Services District participated in CUPCCAA; however, that participation did not automatically transfer to the City upon incorporation. Staff submitted the City's election to the California State Controller's Office on July 23, 2026.
The July 22 action enrolled the City in CUPCCAA, but an additional step is required before the City can utilize the Act's informal bidding procedures. Public Contract Code Section 22034 requires participating agencies to adopt an ordinance establishing informal bidding procedures.
The proposed Ordinance completes that process by establishing the required informal bidding procedures and updating the Municipal Code to reflect the City's participation in CUPCCAA.
DISCUSSION
The proposed Ordinance establishes the procedures necessary for the City to utilize CUPCCAA for qualifying public projects and updates the Municipal Code to reflect the City’s transition from a community services district to a city.
Under current CUPCCAA thresholds:
Item 7.4
Mountain House Page 58 of 269 • Public projects of $75,000 or less may be performed by City employees by force account, negotiated contract, or purchase order.
• Public projects of $220,000 or less may be awarded using informal bidding procedures. • Public projects over $220,000 generally require formal bidding procedures.
These thresholds are established by State law and may be adjusted from time to time. ▪ Section 2-2-203 Amendment: Section 2-2-203 was carried over from the MHCSD ordinances and references Public Contract Code Section 20682, which applies to community services districts and is no longer applicable to the City. The proposed amendment removes that reference and updates the Purchasing Agent’s duties related to public projects under CUPCCAA. ▪ Section 2-2-203.5 Addition: Section 2-2-203.5 establishes the City’s informal bidding procedures under CUPCCAA, including maintenance of a contractor list, noticing requirements for informal bids, and procedures for awarding informal contracts.
The Ordinance does not increase the Purchasing Agent’s existing contracting authority; contract awards remain subject to the authority otherwise delegated by the City Council.
FISCAL IMPACT
None. Adopting these administrative procedures does not directly impact the General Fund. Utilizing CUPCCAA informal bidding procedures is anticipated to save time and administrative costs associated with advertising and processing smaller public works projects.
STRATEGIC PLAN
The proposed Ordinance supports the City's Strategic Plan, adopted April 9, 2025, by promoting efficient and accountable government operations and supporting the timely and cost-effective delivery of public infrastructure projects.
CEQA
This administrative action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it involves organizational or administrative activities of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
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ACTION FOLLOWING CITY COUNCIL APPROVAL
Following introduction and waiver of the first reading, staff will return the Ordinance to the City Council on October 14, 2026, for second reading and adoption.
ATTACHMENTS
Attachment A – Proposed Ordinance Establishing CUPCCAA Informal Bidding Procedures and Amending the Mountain House Municipal Code
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ATTACHMENT A
ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AMENDING SECTION 2-2-203 AND ADDING SECTION 2-2-203.5 TO THE MOUNTAIN HOUSE
MUNICIPAL CODE RELATING TO THE PROCUREMENT OF PUBLIC PROJECTS AND
ADOPTING INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT
WHEREAS, on July 22, 2026, by Resolution No. 2026-61 the City Council elected to become subject to the California Uniform Public Construction Cost Accounting Act pursuant to California Public Contract Code section 22000 et seq. and to the Commission’s Cost Accounting Policies and Procedures Manual and Cost Accounting Review Procedures, as each may be amended from time to time; and WHEREAS, the City provided written notice of that election to the State Controller on July 23,2026, as required by Public Contract Code section 22030; and WHEREAS, Public Contract Code section 22032 provides that public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order; that public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by informal bidding procedures; and that public projects of more than two hundred twenty thousand ($220,000) shall be let to contract by formal bidding procedures, as those amounts may be adjusted from time to time by state law; and WHEREAS, Public Contract Code section 22034, subdivision (d), further provides that if all bids received under the informal bidding procedure exceed two hundred twenty thousand dollars ($220,000), the City Council may, by resolution adopted by four-fifths vote, award the contract at two hundred thirtyfive thousand dollars ($235,000) or less to the lowest responsible bidder upon determining that the City’s cost estimate was reasonable; and
WHEREAS, the City Council of the City of Mountain House has established Title 2, Chapter 2 of the Mountain House Municipal Code and approved the City’s Financial Management Manual, which together establish the City’s procedures for the procurement of services, personal property, and public projects.
NOW THEREFORE, the City Council of the City of Mountain House does ordain as follows:
Section 1. Amendment to Section 2-2-203. Section 2-2-203 of the Mountain House Municipal Code is hereby amended to read as follows (additions shown in underline; deletions shown in strikethrough.) 2-2-203 General Duties.
The Purchasing Agent shall have the duties and powers set forth in this Chapter and those set forth in resolutions of the City Council. The Purchasing Agent shall furnish the City Council with the reports and information that the City Council may from time to time require and shall establish methods, procedures and requirements necessary for the fulfillment of his or her duties and the proper functioning of the purchasing operation in an efficient and economical manner. The City has adopted the Uniform Public Construction Cost Accounting Act, Chapter 2 (commencing with Section 22000) of Item 7.4
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Part 3 of Division 2 of the Public Contract Code as authorized under Public Contract Code Section 20682(g).
(a) Personal Property. The Purchasing Agent shall purchase for the City all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature. No purchase of personal property by any person other than the Purchasing Agent shall be binding upon the City or constitute a lawful charge against any City funds except as authorized by the City Council or as otherwise provided by law.
(b) Rent. It shall be the duty of the Purchasing Agent to rent for the City all personal property. (c) Lease-Purchase and Service Contracts. It shall be duty of the Purchasing Agent to negotiate and execute in the name of the City all equipment service contracts and lease-purchase agreements of personal property.
(d) Independent Contractor Services. It shall be the duty of the Purchasing Agent to engage independent contractors to perform services for the City with or without furnishing of material. (e) Construction and Repair. Public Projects. It shall be the duty of the Purchasing Agent to contract for, and to purchase the furnishings, materials, and supplies required for a “public project,” as that term is defined by subdivision (c) of Section 22022 of the Public Contract Code. Contracts for public projects shall be governed by Section 2-2-203.5 of the Mountain House Municipal Code. employ independent contractors to construct or repair any of the buildings or structures and purchase furnishings, materials, and supplies for use in such construction or repair where the estimated aggregate costs of all furnishings, materials, labor and supplies for use in such construction or repair does not exceed the amount established set forth in Section 20682 of the Public Contract Code.
(f) Highway Construction. It shall be the duty of the Purchasing Agent to employ independent contractors to perform work on City roads and highways as provided by this ordinance or the State statutes, whenever the expenses of the work do not exceed the amount set forth therein. (g) Sale or Disposal of Personal Property. The Purchasing Agent may by direct sale or otherwise sell or dispose of any personal property belonging to the City not required for public use, in accordance with this Chapter.
(h) Transfer of Personal Property. The Purchasing Agent is hereby authorized to transfer from one (1) City department to another City department any item of personal property. (i) Forms. The Purchasing Agent shall develop, with the approval of Legal Counsel for the City as to legal sufficiency, standard forms and conditions of invitations to bid and purchase orders and contracts and shall also develop and prescribe other forms required in carrying out the provisions of this Chapter, and he or she may amend or eliminate any such form.
Section 2. Addition of Section 2-2-203.5. Section 2-2-203.5 is hereby added to the Mountain House Municipal Code to read as follows:
2-2-203.5 Public Projects: Alternative Bidding Procedures. (a) Thresholds. Public projects, as that term is defined by subdivision (c) of Section 22022 of the Public Contract Code, shall be let to contract pursuant to the Uniform Public Construction Cost Accounting Act, Chapter 2 (commencing with Section 22000) of Part 3 of Division 2 of the Public Contract Code.
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(1) Public projects described in subdivision (a) of Public Contract Code section 22032 may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
(2) Public projects described in subdivision (b) of Public Contract Code section 22032 may be let to contract by informal procedures as set forth in this Section. (3) Public projects described in subdivision (c) of Public Contract Code section 22032 shall, except as otherwise provided in this Section, be let to contract by formal bidding procedure. (4) If all bids received under the informal bidding procedure exceed the threshold specified in subdivision (c) of Public Contract Code section 22032, the City Council may, by resolution adopted by a fourth-fifths vote, award the contract to the lowest responsible bidder in an amount not exceeding the amount specified in subdivision (d) of Section 22034 of the Public Contract Code, if the City Council determines that the City’s cost estimate was reasonable. If no such award is made, the public project shall be let by formal bidding procedure. (b) Informal bid procedures.
(1) Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (2) Notice Inviting Informal Bids. Where a public project is to be performed, a notice inviting informal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this section, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified; provided, however:
(A) If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.
(B) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(3) Mailing of Notices. All mailing of notices to contractors and construction journals pursuant to this section shall be completed not less than ten (10) calendar days before bids are due.
(4) Contents of Notice. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and shall state the time and place for the submission of bids.
(5) Award of Contracts. The Purchasing Agent is authorized to award informal contracts pursuant to this section. Nothing in this section authorizes the Purchasing Agent to execute a contract in an amount exceeding the contracting authority otherwise delegated to the Purchasing Agent or their designee by the City Council.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
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Section 4. Posting. The City Clerk of the City of Mountain House shall cause this Ordinance to be posted in at least three public places in the City of Mountain House in accordance with Section 36933 of the Government Code of the State of California.
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Mountain House Page 64 of 269 TITLE: Strategic Plan Update – Fiscal Years 2025/2026 through 2026/2027 MEETING DATE: September 9, 2026
PREPARED BY: Steven Pinkerton, City Manager
RECOMMENDATION
Receive and file the Strategic Plan progress update for fiscal years 2025/2026 through 2026/2027.
BACKGROUND
The City Council adopted the Strategic Plan for fiscal years 2025/2026 through 2026/2027 on April 9, 2025.
The Plan provides a two-year roadmap organized around nine strategic priorities to guide City operations, policy direction, and resource allocation as Mountain House transitions into newly incorporated city.
The Plan was developed with input from the City Council, staff, and community stakeholders. It aligns with Council’s vision of transparent governance, exceptional public service, and thoughtful long-range planning. The Strategic Plan and its associated Work Plan Prioritization Matrix (Attachment A) support performance evaluation, fiscal planning, and continuous improvement across departments.
This quarterly update follows the progress report presented to the City Council earlier this year and as part of the budget deliberations, and provides a summary of continued accomplishments, key milestones, and upcoming priorities across all strategic focus areas.
DISCUSSION
Staff continues to make progress across all nine strategic priority areas. Several major initiatives have been completed since the previous update, while other Council-critical and high-priority projects remain underway.
INCORPORATION TRANSITION
The City has continued to complete foundational work associated with incorporation.
Council policies were completed in May 2025. Municipal Code updates were completed and published online in June 2025, including implementation of oversized vehicle regulations. Additional ordinance updates are in development for City Council consideration, including regulations addressing electric bikes and scooters, discharge of firearms and archery, and Code Enforcement citation procedures. The Development Code was completed in April 2026.
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Mountain House Page 65 of 269 Office expansion construction is substantially complete, with generator installation remaining before final project completion. The Furniture, Fixtures, and Equipment agreement with KI was awarded by the City Council in April 2026, with delivery anticipated in fall 2026.
The General Plan Update continues with De Novo Planning Group as the lead consultant. The baseline phase was completed in June 2025, and a community workshop was held on October 2, 2025. The General Plan was presented to the City Council as a discussion item in July 2026. Environmental review is underway, with completion anticipated in December 2026. The Economic Development Element is also being incorporated into the General Plan with support from Kosmont Companies.
DEVELOPMENT
Economic development and affordable housing remain Council-critical priorities.
The Economic Development Element was approved by the City Council on January 14, 2026, for development and incorporation into the General Plan. Economic outreach continues, including efforts to facilitate the relocation of a food manufacturing company to the Logistics Center, with the potential to create up to 100 jobs. The Transportation Impact Fee Deferral Program was approved by the City Council in March 2026.
The City Council accepted 5,114 Regional Housing Needs Allocation units from San Joaquin County for the 2023–2031 planning period. The Housing Element is in progress with PlaceWorks, and a community workshop on affordable housing was held in April 2026.
Conceptual design for the Community Center and Aquatics Center is complete, with construction drawings approximately 40% complete. Staff is finalizing a financing plan intended to expedite groundbreaking in 2027.
Staff is working with Kosmont to review opportunities for using the Community Center and Aquatics Center project to leverage additional development in the Town Center.
Several major development projects have also advanced. Costa Park was completed in spring 2026. The Dog Park was completed in July 2026. The Tennis Complex grand opening is scheduled for September 18, 2026, and Amphitheater construction is anticipated to be completed in December 2026.
The Central Parkway/Main Street traffic signal became fully operational in April 2026. The Nasergoli Drive/Central Parkway signal remains in progress, with completion anticipated in fall 2026.
PUBLIC SAFETY
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Mountain House Page 66 of 269 Improved public safety data and community engagement with Police Services remain Council-critical priorities.
Public safety reporting enhancements have been implemented, including citation, warning, and enforcement data. Sheriff’s Office reporting has also been refined under the new Police Chief. DataTicket is now fully functional in the field, with mobile devices assigned to all Public Safety divisions. Police Services has expanded engagement with schools, community organizations, and local businesses.
Community engagement efforts have included pedestrian safety campaigns, National Night Out, youth education, Coffee with a Cop, senior awareness and bike-safety programs, the “It Takes a Village” community meeting, and STEP enforcement activities. Five new patrol vehicles carrying Mountain House branding were introduced in 2026, and participation in the Everbridge emergency notification system has increased.
All Avigilon security cameras were updated or replaced as of July 2026, and camera maintenance services transitioned to ezWave. Public Safety and ezWave anticipate completion of the Security Camera Master Plan in fall 2026.
Traffic safety improvements continue. The Traffic Calming Program was approved in May 2025, and crosswalk enhancements and daylighting improvements have been implemented. The AB 720 Red Light Camera Program installation was completed in April 2026, followed by completion of the two-month public warning period in June. Full enforcement began in July 2026.
Fire Station No. 2 has been open and fully operational since July 2025.
TRANSPORTATION
Transportation priorities continue to focus on transit implementation, outside funding opportunities, and regional coordination.
The Transit Feasibility Study was completed in March 2026. Coordination continues with the City of Tracy regarding a potential transit services partnership, and the City is evaluating a funded Uber/Lyft pilot voucher program for connections to Tracy. The City Council and the public received an update on the Study at the August 12, 2026 City Council meeting.
Five City projects, including the Byron Highway Widening Project, were submitted through Foley & Lardner for federal budget appropriations consideration. The Byron Highway Widening Project was also submitted for approximately $22 million in federal BUILD grant funding. The City Council participated in the One Voice SJCOG delegation in May 2026 as part of continued state and federal advocacy efforts.
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Mountain House Page 67 of 269 Funding challenges remain associated with the proposed Valley Link Phase 1B Mountain House station. A proposed 25-year parking lot maintenance obligation associated with the Mobility Transit Hub concept was reviewed and determined not to be feasible for the City.
UTILITIES & WATER RESOURCES
The City continues to pursue long-term water reliability and utility improvements.
Aquifer Storage and Recovery Well and Creek Repair projects have been submitted for federal funding consideration with support from the City’s federal lobbyist. ASR informational updates were provided to the City Council in April 2026, with quarterly updates continuing. Coordination with the South San Joaquin Irrigation District remains underway regarding a long-term, 10-year water supply agreement.
The 35-gallon waste container option for Cambridge Place and Vida Apartments was implemented in May 2026. Multiple ordinance updates supporting SB 1383 compliance were completed in July 2026.
The Pledged Facility Charge debt service fee has transitioned from monthly utility billing to the property tax roll as of July 2026.
FISCAL SUSTAINABILITY AND COMMUNITY CULTURE
Completion of the Asset Management Plan and update of the Ten-Year Cash Flow model remain Councilcritical priorities.
The Asset Management Plan is in progress, with the Request for Proposals approximately 99% complete.
The Ten-Year Cash Flow update is also underway. Both efforts are being coordinated to ensure alignment and integration.
The Recreation Master Plan update will utilize the MIG on-call contract, with the Planning Department coordinating with Mountain House Developers on updated narrative content.
The Proposition 218 consulting contract for the utility rate study has been awarded, and preliminary cost data has been collected. The rate study is scheduled to come back to Council for review at the end of the calendar year.
Staff is also working to establish customer service performance metrics using GoGov community feedback data and evaluating potential metrics with feasible and reliable data sources. Our Utility Operations team has implemented a comprehensive set of metrics that are now being included in the City Manager Updates. As noted below, Communications has also implemented its initial performance metrics.
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COMMUNICATIONS AND COMMUNITY TRANSPARENCY
Communications and transparency continue to be a significant area of focus, with four of the five goals identified as Council-critical in the updated Work Plan.
The Crisis Communications Plan was completed and approved by the City Council on March 26, 2025.
Public engagement has continued to expand through GoGov, the Community Connection newsletter, MH Matters, Public Follow-Up reports, City Manager Updates, and digital engagement initiatives. Staff continues to evaluate additional resident feedback tools and service request enhancements.
Efforts to combat misinformation and provide accurate information have expanded through fact-based messaging, educational graphics, videos, Frequently Asked Questions, website resources, meeting recaps, and coordinated messaging across multiple platforms. During the reporting period, the City published 338 social media posts generating more than 851,000 views and reaching more than 466,000 residents.
Preparation for the 2026 General Municipal Election continues. Nomination period preparation is complete, and staff has prepared educational materials regarding campaign signs for candidates.
The City also completed a major digital modernization initiative with the launch of its new CivicPlus website. The site improves navigation, online services, search functionality, and government transparency. The City achieved ADA Title II digital accessibility compliance ahead of the applicable federal deadline and assigned departmental web content coordinators to support accurate and timely information. During the reporting period, the website generated 38,092 homepage views and 13,788 searches.
COUNCIL AND STAFF CULTURE
Strategic Plan reporting continues through budget documents, closed-session discussions, and opensession updates.
Council training has included Rosenberg’s Rules of Order, and Council Members attended the City Leaders Summit. Monthly one-on-one meetings between the City Manager and individual Council Members remain ongoing. City Manager goals are reviewed as part of the City Manager’s annual review.
AMENITIES AND QUALITY OF LIFE
The City continues to develop key performance indicators for facility rentals and parks maintenance, with staff determining appropriate data sources for measurement.
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Mountain House Page 69 of 269 Policy direction regarding Code Enforcement implementation remains in progress, with final review occurring with the City Attorney. The City’s partnership with Lammersville Unified School District also remains ongoing. All three initiatives are identified as Council-critical priorities in the updated Work Plan.
A full progress overview, including Council-critical designations, priorities, target dates, completion dates, and current status, is included in Attachment A: Work Plan Prioritization, FY 2025–2027 Strategic Goals & Status Update.
STRATEGIC PLAN
This report supports all nine strategic priority areas adopted in the fiscal years 2025/2026 through 2026/2027 Strategic Plan.
The updated Work Plan Prioritization Matrix provides additional direction regarding the relative priority of individual initiatives. Council-critical goals are identified separately from Priority 1 and Priority 2 initiatives to assist the City Council and staff in focusing resources on the work identified as most important to achieving the Council’s strategic objectives.
Staff will continue to track progress, report accomplishments, and adjust work priorities based on City Council direction, available resources, operational needs, and changing community needs.
ATTACHMENTS
A. Work Plan Prioritization Matrix (Updated August 2026) B. Strategic Plan (FY 2025/2026 – 2026/2027)
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Strategic Plan 2025-27
EXECUTIVE SUMMARY
The City of Mountain House officially became a city on July 1, 2024. Since incorporation, City leadership has been focused on building a strong foundation for services, governance,
infrastructure, and quality of life. With a population of more than 28,000 and growing, Mountain House is committed to delivering exceptional municipal services while protecting the community’s unique character and long-term sustainability.
As a full-service city, Mountain House oversees everything from public safety and infrastructure to parks, planning, water services, communications, and economic development. The demands of managing a city are complex—from securing
critical resources and maintaining modern infrastructure to supporting rapid growth, retaining skilled staff, promoting transparency, and strengthening community trust.
This Strategic Plan is a two-year roadmap developed by the City Council, City Manager’s Office, and department leaders to guide decision-making, align priorities, and keep Mountain House moving forward. It reflects our commitment to thoughtful planning, responsible stewardship, and responsive local government.
Each initiative outlined in the plan is designed to support the City’s mission:
To provide responsive service to our growing community that exceeds expectations at a fair value. 9 KEY STRATEGIC AREAS
INCORPORATION TRANSITION
Support Mountain House’s transformation into a fully functioning city through updated codes, policies, land use regulations, and physical space for a growing team.
DEVELOPMENT
Advance economic development, housing policies, and longterm land use strategies to support vibrant neighborhoods, accessible amenities, and a strong local economy.
PUBLIC SAFETY
Expand safety services and tools—including a second fire station, law enforcement engagement, neighborhood traffic programs, and technology upgrades—to keep residents safe and supported.
TRANSPORTATION
Improve road safety, transit access, and long-range mobility through smart transportation planning and collaboration with regional partners like Valley Link.
WATER RESOURCES
Protect water reliability through emergency planning, infrastructure upgrades, and grant funding.
FISCAL SUSTAINABILITY &
COMMUNITY CULTURE
Maintain strong finances while preserving Mountain
House’s identity and values.
COMMUNICATIONS & TRANSPARENCY
Engage residents through clear, accessible, and proactive communication.
COUNCIL & STAFF CULTURE
Strengthen teamwork and accountability through training and connection.
AMENITIES & QUALITY OF LIFE
Expand parks, events, and spaces that bring the community together.
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Strategic Plan 2025-27
COUNCIL WORK PLAN PRIORITIES
This Work Plan outlines key actions supporting the City Council’s strategic goals for 2025–2027. It guides staff, aligns resources, and reflects our commitment to transparency, quality of life, and sustainable growth.
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Strategic Plan 2025-27 Item 8.1
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Strategic Plan 2025-27
CONTENTS
Executive Summary 2
Organizational Structure & City Leadership 4
Message from the City Manager 5
Strategic Planning Process & City Mission 6
Department Goals & Key Initiatives 8
Public Safety & Emergency Preparedness 14
Infrastructure, Development & Community Services 16
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Strategic Plan 2025-27
ORGANIZATIONAL STRUCTURE
CITY COUNCIL
The City of Mountain House is governed by a five-member City Council, elected at large by residents.
Each Council Member serves as a representative of the entire community. From among its members, the Council appoints Vice Mayor annually. The Council is responsible for setting policy, adopting the budget, and guiding the City’s long-term vision. To implement these policies, the Council appoints a City Manager, who oversees all City departments and operations.
EXECUTIVE MANAGEMENT TEAM
Our Executive Management Team leads the strategic direction of the City, ensuring that day-to-day operations align with long-term goals. Together, they oversee essential services—from public safety and infrastructure to community development and resident engagement. Their mission is simple:
deliver efficient, reliable, and responsive service that supports a thriving Mountain House—every day, for every resident.
Bernice King
Tingle
Vice Mayor
Matt Disko
Council Member
Ronna Green
Council Member
Dan Harrison
Council Member
Sarah Ragsdale
Administrative
Service Director
Margaret
Wimberly
City Clerk
Amanda Durbin
Communications
Officer
Jodi Almassy
Deputy City
Manager
Marty
Cornilsen
Fire Chief
Armando
Izaguirre
Police Chief
Andy Su
Mayor
Steve Pinkerton
City
Manager
John Bakker
City
Attorney
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MESSAGE FROM
OUR CITY MANAGER
What started as a vision for a master-planned community in the early 2000s has transformed into one of California’s most dynamic, diverse, and fast-growing cities. And now, as your first City Manager, I have the honor of helping write the next chapter.
Today, Mountain House is home to over 28,000 residents and growing rapidly. We are a young city— full of energy, promise, and momentum. Our community is one of the most diverse in the region, with residents from all over the world who bring passion, innovation, and a shared belief in the power of possibility. With a median household income above the state average and some of the top-ranked public schools in San Joaquin County, we’re building a city that families are proud to call home.
This Strategic Plan for Fiscal Years 2025–2027 is our blueprint for the future. It outlines nine core priorities that reflect the values and goals of our community:
• Completing the transition into a fully functioning city government • Enhancing public safety services and infrastructure
• Managing smart and sustainable development
• Improving transportation and mobility
• Securing long-term water reliability
• Ensuring fiscal sustainability
• Expanding community engagement and transparency
• Building a strong internal culture
• Enhancing the quality of life for all residents
This plan reflects months of collaboration among City departments, Council members, and community stakeholders. We are not simply managing growth—we’re leading it with purpose. We’re not just delivering services—we’re building systems and partnerships that will sustain Mountain House for decades to come. Whether it’s opening a second fire station, launching new transportation options, expanding community events, or upgrading vital infrastructure, our focus remains on long-term impact and community trust.
To our residents: thank you. Your ideas, feedback, and pride in this community are the heartbeat of our city. To our Council and staff: thank you for your relentless dedication to excellence. And to all who believe in the future of Mountain House—I look forward to walking this journey with you.
We are building something truly special here. Let’s continue to lead with heart, serve with purpose, and shape a city that reflects the very best of who we are.
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Strategic Plan 2025-27
The City of Mountain House Strategic Plan Fiscal
Years 2025–2027 was developed through a
collaborative, community-centered process
involving our City Council, executive leadership,
department staff, and public feedback.
As a newly incorporated city, this plan marks a
foundational step in aligning our goals with the
needs and vision of our growing community. We
began by identifying the major opportunities and
challenges facing Mountain House—ranging
from public safety and infrastructure to
community identity, sustainability, and service
delivery.
The City Manager’s Office facilitated crossdepartmental meetings and strategy sessions to define goals, map out priorities, and shape
measurable objectives. Staff across departments
contributed their expertise to ensure each goal
was realistic, future-focused, and tied directly to
community outcomes.
City Council reviewed the plan’s priorities during
working sessions and public meetings, offering
direction on policy alignment and fiscal
responsibility. Feedback from residents was
incorporated through town halls, surveys, and
real-time app interactions via the My Mountain
House platform. This figure illustrates the
structure of the City of Mountain House
Strategic Plan FY 2025–2027. Each layer builds
upon the one above it, creating a clear path from
vision to action.
THE STRATEGIC PROCESS
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CITY’S
MISSION
The City of Mountain House is committed to a
fiscally balanced budget through responsible
governance and transparent communication,
while providing reliable services, vibrant parks,
diverse recreation, and maintaining a safe and
inclusive community for all.
CITY’S
VALUES
• Ethics: To hold to the highest ethical standards and to act with transparency, honesty and integrity.
• Responsibility: To accept responsibility for our individual and collective actions, and to have the courage to take appropriate actions on behalf of the whole irrespective of political pressures.
• Vision: To be visionary, innovative and resourceful.
• Community-Minded: To create a vibrant, thriving, and resilient community and to build strong, positive partnerships with residents and stakeholders. • Respect: To interact respectfully, use active listening skills and develop self- awareness to monitor how our actions impact ourselves and others.
• Competence: To competently discharge our duties and seek opportunities to increase our efficiency.
MISSION & VALUES
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Strategic Plan 2025-27
DEPARTMENT MISSION STATEMENTS,
ACTIVITIES AND OBJECTIVES
As part of our comprehensive review and update of the Strategic Plan, each department has taken a deep dive into its core responsibilities, mission, and the essential services it provides. This effort ensures that residents and stakeholders gain a clearer understanding of the wide range of tasks and initiatives already being managed by City staff.
In this process, departments assessed current programs, identified opportunities for improvement, and aligned their strategic objectives with the City's long-term vision. Using a future-focused approach, staff set priorities that anticipate community needs, enhance operational efficiency, and support sustainable growth.
This update reflects our commitment to transparency, innovation, and continuous improvement. By aligning our goals with emerging challenges and opportunities, we aim to provide the highest level of service while fostering a thriving, resilient, and connected community.
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CITY MANAGER’S OFFICE
The City Manager provides leadership and oversight into the City's day-to-day operations, ensuring services are delivered effectively and in alignment with the City's strategic goals. The City Manager directly oversees the following departments:
• City Clerk – Manages official City records, facilitates public meetings, oversees elections, and ensures compliance with transparency and public access laws. • Communications – Handles public information, media relations, community engagement, and ensures residents stay informed about City initiatives, events, and services. • Public Safety – Oversees law enforcement, fire protection, emergency response, and disaster preparedness to ensure community safety.
• Deputy City Manager’s Office – Manages essential operational services, including Public Works, Community Development, Code Compliance, Permitting Services, and Emergency Preparedness.
• Administrative Services – Provides internal support functions such as Human Resources, IT, Finance, Customer Service, Parks & Recreation, and Risk Management.
Strong
leadership.
Clear Direction.
A city that
works for
everyone.
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Strategic Plan 2025-27
CITY CLERK
MISSION STATEMENT
The City Clerk’s office is dedicated to keeping local government transparent and accessible by maintaining accurate records, providing reliable support to the City Council and community, and ensuring regulatory compliance.
CURRENT ACTIVITIES
Provide administrative support to the City Council,
Ensure compliance with noticing requirements and posting of agendas Implementation of a new agenda management system and public facing agenda portal Managing public meetings
Responding to Public Records Request in accordance with State Law. Ensure compliance with Political Reform Act Requirements including Form 700s and Campaign Filing Requirements
STRATEGIC OBJECTIVES
Provide Support to the City Council
Ensure timely and accurate administrative support for City Council meetings and activities. Facilitate communication and coordination between City Council, commissions, and city staff.
Provide guidance on legislative procedures and policy implementation. Legislative Process & Agenda Management
Ensure Compliance with Legal Requirements
Publish City Council and commission agendas in accordance with legal deadlines and transparency standards.
Complete the implementation of an upgraded system to enhance accessibility and efficiency.
Conduct training for staff and City Council members on system functionality and best practices.
Records Management & Public Records
Ensure secure storage and accurate archiving of city documents. Integrate newly adopted ordinances into the Municipal Code in a timely manner. Conduct a comprehensive review of current records management practices. Update the Records Retention Policy to align with state compliance regulations. Process and respond to public records requests promptly and in accordance with state laws.
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2026 General Municipal Election
Establish deadlines for candidate filing, ballot measures, and other election-related activities. Draft and present staff reports and resolutions required for election consolidation with San Joaquin County.
Develop and distribute a candidate guide outlining filing procedures and campaign regulations Monitor and process all campaign finance filings as required by law. Political Reform Act Compliance
Conduct a review and implement necessary updates.
Track required training sessions for officials and ensure completion within mandated timeframes.
Oversee and verify that all required filings are submitted in accordance with Fair Political Practices Commission (FPPC) regulations.
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COMMUNICATIONS
MISSION STATEMENT
Committed to provide clear, transparent, and timely communication that informs, engages, and strengthens relationships with residents, businesses, and stakeholders. Through proactive outreach, responsive engagement, and multi-channel communication strategies, we ensure that every member of our community has access to accurate and meaningful information.
CURRENT ACTIVITIES
Managing daily media inquiries and issuing press releases to keep the public informed. Coordinating community meetings, town halls, and forums to foster civic engagement. Updating the City's website, My Mountain House app, and social media channels with realtime, relevant information. Responding to resident inquiries and ensuring accessibility to city services and programs. Developing promotional materials, newsletters, and multimedia content to highlight city initiatives.
Strengthening crisis communication planning through media monitoring, emergency alert testing, and misinformation response strategies.
Conducting media training for city staff to enhance preparedness and professionalism in public communication.
Building relationships with local journalists, digital media creators, and stakeholders to improve information flow.
STRATEGIC OBJECTIVES
Increase Community Engagement
Expand public participation through surveys, online engagement tools, and interactive forums.
Host quarterly town halls and live Q&A sessions with city leadership. Develop a resident feedback portal for transparent, two-way communication. Enhance Digital Accessibility and User Experience
Improve website functionality while maintaining a user-friendly interface (without AI chatbots).
Launch a mobile-friendly city app for service requests, alerts, and community engagement. Ensure all public materials are ADA-compliant and available in multiple languages. Strengthen Crisis Communication and Emergency Preparedness Develop a Crisis Communications Framework with predefined messaging templates for emergencies.
Conduct annual crisis simulation training for city officials and staff.
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Expand resident sign-ups for Everbridge emergency alerts to ensure real-time updates. Implement a Proactive Media Strategy
Hold monthly media briefings to share city updates and key initiatives. Strengthen relationships with local journalists, bloggers, and digital influencers to amplify messaging.
Establish a digital press room with easy access to press releases, fact sheets, and city reports.
Combat Misinformation and Strengthen Public Trust
Monitor and respond to digital misinformation with verified, fact-based messaging. Encourage residents to rely on official city channels for accurate information. Develop a "Myth vs. Fact" campaign to clarify common misconceptions about city policies. Improve Internal Communication and Staff Training
Launch an internal communications platform to streamline messaging across departments. Provide media training for department heads and frontline staff handling public inquiries. Establish an escalation process for efficiently routing resident concerns to the appropriate officials.
Highlight Community Success Stories
Showcase resident achievements, city developments, and community impact through social media and newsletters.
Implement an "Echoes of the Hills" series featuring local perspectives on city initiatives.
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PUBLIC SAFETY
The Public Safety Department ensures the protection and well-being of Mountain House residents through partnerships and direct services:
• Fire & Emergency Services – Provided through a contract with French Camp McKinley Fire District, ensuring rapid response to fire and medical emergencies.
Police Services – Contracted with the San Joaquin County Sheriff’s Office, providing law enforcement, crime prevention, and emergency response.
LAW ENFORCEMENT
MISSION STATEMENT:
The San Joaquin County Sheriff’s Department is dedicated to delivering quality service through the partnerships with the people we serve.
CURRENT ACTIVITIES:
Assist the community in establishing Neighborhood Watch programs. Provide deputies with training opportunities to enhance public safety. Provide Principled Policing training to include the four tenets of the policing approach:
voice, neutrality, respect and trustworthiness.
Explore new technologies available for the public safety sector and discuss with staff as appropriate.
Engage in community-oriented policing approach in our daily duties and interactions with any member of the public.
Coordinate use of security camera and license plate reader technology with Rank Security to help prevent and reduce overall crime in Mountain House. Continue the public – private partnership with the California Highway Patrol and Rank Security to provide and maintain the high level of public safety in Mountain House. Monitor and report on the effectiveness of the motorcycle unit. Plan and prepare for public safety services post-incorporation to ensure an efficient, smooth, and seamless transition.
STRATEGIC OBJECTIVES:
Seek out grant opportunities and alternate funding sources to maximize the City’s public safety budget.
Keep abreast of new technologies available in the public safety sector and keep the City apprised of such technology for potential use.
Provide input on community design standards that can reduce crime. Develop a master plan for installation of cameras.
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Provide recommendations for real-time monitoring, what we do with footage, and how to obtain footage from private residents.
Update the City’s security camera policy.
Identify intersections and sections of roads identified as dangerous. Schedule patrols of motor officer and California Highway Patrol as appropriate. Recommend traffic calming measures, such as speed bumps and traffic circles.
FIRE AND EMS
MISSION STATEMENT:
The proud members of the French Camp Fire Protection City are dedicated to serving the community we swore to protect through emergency response, preparation, and prevention.
CURRENT ACTIVITIES:
Finalize move in for second fire station.
Explore including a training facility in conjunction with second fire station. Complete fire study and continue to evaluate staffing needs, and, as needed and feasible, add personnel, apparatus, and equipment.
Upgrade current communication system for public safety and firefighter safety so portable radios can be heard throughout the city.
Update vehicle and equipment replacement schedule and ensure funding is in place to ensure timely purchases.
Assist City staff in determining the need for weed abatement to minimize fire hazards. Offer Community Emergency Response Team (CERT) classes to the community.
STRATEGIC OBJECTIVES:
Train command staff, fire fighters and reserves assigned to Mountain House to operate in the Mountain House Emergency Operations Center.
Plan for the opening and staffing of Station 12Upgrade current communication system for public safety and firefighter safety so portable radios can be heard throughout the city. Update vehicle and equipment replacement schedule and ensure funding is in place to ensure timely acquisition of needed apparatus and equipment. Continue working with AMR Ambulance to decrease response times to medical emergencies.
Explore and investigate opportunities to provide a cost-effective Advanced Life Support program.
Work with CERT members on a semi-annual basis to maintain operations skills and abilities Schedule and participate in training of City staff to ensure emergency operations planning related exercises take place on a quarterly or semi-annual basis. Work toward Advanced Life Support certification.
Assist in effort to change emergency response classification from rural to urban to improve response times.
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DEPUTY CITY MANAGER
The Deputy City Manager’s Office oversees multiple critical service areas that directly impact the City's infrastructure, development, public safety, and overall quality of life. The office coordinates the following departments to ensure the efficient and effective operation of the City:
Community Development guides the City’s growth and development to align with longterm planning goals and community needs. It includes:
Building and Safety Services – Provides building and safety services, including plan review, permitting, and inspections.
Construction Engineering – Ensures compliance with local, state, and federal regulations for construction activities.
Plan Checking and Design Services – Provides plan review and design services for subdivisions, community facilities, and utility infrastructure. Planning and Entitlement Services – Manages land use, zoning, and development projects.
Code Compliance & Permitting Services ensures adherence to City codes and ordinances, maintaining the safety and integrity of properties and developments. It includes:
Community Preservation – Focuses on property maintenance, nuisance abatement, and enforcement of local ordinances.
Emergency Preparedness ensures the city is ready to respond effectively to natural disasters, public safety threats, and other emergencies. This includes disaster response planning, coordination with emergency services, public safety education, and resilience initiatives.
Public Works is responsible for the maintenance and management of the City's essential infrastructure and services, including:
Engineering – Oversees capital improvement projects, infrastructure planning, and construction management.
Operations & Maintenance – Maintains roads, sidewalks, and other City assets to ensure public safety and sustainability.
Utilities Management – Ensures the safe and reliable delivery of water, wastewater, stormwater, and solid waste services.
Together, these departments work in coordination to ensure the city operates smoothly, efficiently, and in alignment with the community’s needs and long-term vision.
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COMMUNITY DEVELOPMENT
From planning and infrastructure to
public safety and community
development, we shape the spaces
where people live, work, and thrive.
BUILDING STRONG
FOUNDATIONS
CITY IN MOTION
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BUILDING AND SAFETY SERVICES
MISSION STATEMENT
To ensure the safety, health, and welfare of the community by providing comprehensive building and safety services, including plan review, permitting, and inspections, in compliance with local, state, and federal building codes and regulations.
CURRENT ACTIVITIES
Review and approve building plans for compliance with building codes, fire safety standards, energy efficiency requirements, and accessibility regulations. Issue building, mechanical, electrical, plumbing, and other construction-related permits. Conduct inspections to verify compliance with approved plans and applicable regulations. Enforce building and safety codes to ensure the structural integrity of residential, commercial, and public buildings.
Respond to public inquiries and provide guidance on building code requirements. Collaborate with developers, architects, engineers, and contractors to ensure projects meet all regulatory requirements.
Investigate and address code violations and unsafe building conditions. Implement and update permit processing procedures to improve efficiency and customer service.
Support emergency response and disaster recovery efforts related to building safety.
STRATEGIC OBJECTIVES
Enhance online permitting and plan review systems to improve accessibility and efficiency. Develop and implement digital archiving for building permits and inspection records. Streamline the inspection scheduling process to reduce delays and improve service delivery.
Provide ongoing training for staff to stay updated on the latest building codes and industry best practices.
Increase public outreach and education on building safety requirements and permitting procedures.
Improve coordination with other departments and agencies to ensure smooth development processes.
Collaborate closely with Code Enforcement division to address potential safety hazards before they become critical issues.
Improve online dashboard to track permit applications, inspection results, and code enforcement actions.
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CONSTRUCTION ENGINEERING
MISSION STATEMENT
Manages oversight of construction activities to ensure infrastructure and facilities are in compliance with the Master Plan and local, state, and federal regulations.
CURRENT ACTIVITIES
Oversee private development construction activities
Provide construction management, engineering, inspection, and quality assurance and control services for privately funded development projects Oversee consultant inspection services
Review information and respond to requests for information and to submittals and design change notices from developers’ engineers, contractors and designers Coordinate with various parties for construction activities Finalize offers of dedication for private development projects Review and finalize project acceptances
Coordinate with the Operations and Maintenance Department on landscaping acceptance
Support the Operations and Maintenance department with inspection service, various repair work, checking water values and blowing fire hydrants for stagnant water Administer as-built drawings, manuals and other construction-related reports and documentation
Assist with development of developer agreements, conditions of approval, special inspections, quality assurance and control services, and bonding requirements Coordinate with Operations and Maintenance to transfer construction projects to the City’s maintenance operations
Coordinate inspection and construction management services with Public Works
STRATEGIC OBJECTIVES
Streamline acceptance process for development-related infrastructure projects Complete offers of dedication and acceptance for all projects Manage record-keeping and construction administration process Expand services to Capital Improvement Program project delivery Item 8.1
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PLAN CHECKING AND DESIGN SERVICES
MISSION STATEMENT
To provide plan checking and design services to complete the approval of the privately designed subdivisions, community facilities, utility infrastructure, and other supporting infrastructure in compliance with the Master Plan and local, state, and federal regulations CURRENT ACTIVITIES:
Perform plan reviews and approvals
Prepare subdivision improvement agreements in conjunction with the map process Perform tentative maps reviews and draft conditions of approval Prepare subdivision improvement agreements and bonding requirements Process final maps for approval
Coordinate with developers on infrastructure design requirements and providing design review services
Develop procedures to make plan checking, map review and drafting improvement agreements more efficient
Ensure infrastructure is built in compliance with approved plans and specifications STRATEGIC OBJECTIVES:
Finalize submittal checklist requirements and publish this information online Update specifications and details when necessary
Improve document coordination and archiving of hard and electronic copies Collect, organize, scan, and store all maps and plans Implement Geographic Information System division
Expand the GIS-based archival system for improvement plans, final-map approvals, bonds for subdivisions, and improvement bonds
Implement the Water and Sewer Master Plan recommendations Item 8.1
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PLANNING AND ENTITLEMENT SERVICES
MISSION STATEMENT
To process development approvals and entitlements for development projects in Mountain House in conjunction with San Joaquin County.
CURRENT ACTIVITIES
Maintain positive and constructive relationships with developers Improve upon the wording of the Conditions of Approval in terms of clarity, enforceability, and relevance
Develop and process necessary development agreements
Process tentative maps, final maps, agreements, and bonding requirements Process and enforce conditions of approval
Process annexation applications
Collaborate on the development agreement process
Coordinate regional projects, including Valley Link, Route 205 Managed Lanes, and the Delta Conveyance Project
Complete the South Community Park
STRATEGIC OBJECTIVES
Continue to collaborate with developers and other partners to provide carefully planned, well-constructed, and regularly maintained infrastructure that safely serves residents, businesses, and visitors
Update the Master Plan and Specific Plans for the proposed land use and community facility changes
Update General Plan
Implement GIS division
Interactive development project dashboard
Support diverse housing options: affordable/work-force Continue cooperating with regional agencies on projects, including Valley Link, Route 205 Managed Lanes, and the Delta Conveyance project
Update the Public Land Equity Program and establish procedures for tracking dedicated lands and vouchers and identifying surpluses and deficit Continue to refine procedural guidelines for planning processes, application requirements, annexation fee calculations, and other entitlement processes Prepare a “cost of doing business” survey to compare Mountain House with other communities in the region
Economic development strategy
Begin initial phases of a transit-orientated development analysis Item 8.1
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CODE COMPLIANCE AND PERMITTING SERVICES
MISSION STATEMENT
To educate residents and enforce master plan restrictions, standards, ordinances, and other community approvals. Process building permits and certificate of compliance for all building permits and transportation permits.
CURRENT ACTIVITIES
Educate residents on code compliance and Covenants, Conditions, and Restrictions requirements
When necessary, elevate enforcement through warning and citations regarding violations of master restrictions and infractions related to noncompliance with codes Issue permits and certificate of compliance of all new building and permits in the City in cooperation with the County’s’ building department
Review design plans for homeowner requests for modifications Issue permits for home modifications, including landscaping, fencing, paint, exterior structures, and additions
Inspect and enforce standards
Inspect parking and right-of-way issues on vacant lots within the City Inspect municipal codes (public property) or master restrictions (private property) within the City
Enforce parking regulation and code requirements
Coordinate with the finance department to ensure collection of building permit or other fees
STRATEGIC OBJECTIVES
Work on educational and public information materials regarding code compliance and master restriction requirements
Continue implementation of non-standard vehicle online parking permit system Expand use of online permitting software for building permit requirements and other processes
Conduct semi-annual or annual property inspection for master restriction compliance postpurchase to disclose any additions or modifications for proper permitting with City and County
Work with master builders and developers to conduct educational forums regarding Master Restrictions and issue copies of Master Restrictions to property owners Develop educational materials regarding the street trees and sidewalk maintenance Assist in development of permitting processes for new commercial development projects Item 8.1
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COMMUNITY PRESERVATION
MISSION STATEMENT
To foster long-term partnerships between residents, retail, commercial entities and local government and to assist law enforcement to reduce the risk of being a crime victim.
CURRENT ACTIVITIES
Establish Neighborhood Watch Groups and Assist with National Night Out event Notify San Joaquin County Sheriff and Rank Security of security issues and need for additional enforcement efforts
Provide crime prevention education for homeowners and businesses Provide support to public safety functions
STRATEGIC OBJECTIVES
Establish Neighborhood Watch groups and National Night Out events in all neighborhoods Expand the Business Watch program
Update crime prevention handouts and social media posts to reflect relevant topics specific to community needs
Develop crime prevention plans unique to each village or commercial center Establish a Crime Prevention through Environmental Design program Host community safety workshops
Increase public safety messaging and presence at National Night Out, Neighborhood Watch meetings, and recreation events
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EMERGENCY PREPAREDNESS
Mission Statement:
To prepare staff to respond to emergencies in a safe and timely manner in compliance with federal and state guidelines to protect and preserve lives and property and maintain governmental services.
CURRENT ACTIVITIES:
Update the Emergency Operations Plan and annexes on an annual basis STRATEGIC OBJECTIVES:
Provide training for staff on emergency management procedures Update the Emergency Operations Plan and annexes on an annual basis Review and update the Emergency Response Plan
Equip the Emergency Operations Center
Assign and train two key trainers
Develop a training program for all employees including routine workshops and seminars for certification and refresher courses
Coordinate with San Joaquin County Sheriff’s Office, French Camp McKinley Fire Protection City, and Rank Security Services to conduct training exercises and workshops
PUBLIC WORKS
MISSION STATEMENT:
To provide the highest quality public works services to the community and other departments, using a balanced approach of maintaining a cost-effective operation and providing these services in a responsible and efficient manner.
ENGINEERING
MISSION STATEMENT:
To design, construct and maintain utilities and infrastructure in compliance with the Master Plan and local, state and federal regulations.
CURRENT ACTIVITIES:
Develop, design, construct, manage, and inspect capital improvement projects Ensure infrastructure is built in accordance with approved plans and specifications Maintain the Pavement Management Program with in-house staff Work with state and federal regulatory agencies to implement the regulations in water, wastewater, and stormwater management systems
Work with and assist the Community Development Department as needed Implement programs: tree maintenance, sidewalk repair and replacement, parks equipment repair and replacement
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Develop and implement signal timing plans
Finalize the communication system master plan
Finalize procurement contract for security camera system implementation Provide staff support to the San Joaquin Council of Governments STRATEGIC OBJECTIVES:
Implement Traffic Calming Program
Implement innovative/smart traffic solutions
Establish KPIs for reporting traffic issues
Create transparent and interactive tracking of transportation projects Pursue federal and state transportation grant funding opportunities Annually revise construction standard specifications and details MOU with ValleyLink
Multi-Modal Regional Mobility Hub
Launch local transit services
Implement the 5 Year Capital Improvements Program
Develop phased implementation of the small cell and 5G/6G wireless system Implement Traffic Management Center
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OPERATIONS AND MAINTENANCE
MISSION STATEMENT:
To provide efficient, attentive and courteous service to residents of Mountain House while providing a safe, efficient, sustainable and environmentally sound infrastructure system that enhances the quality of life while preserving the health, safety and aesthetics of our community.
Current Activities:
Manage customer service and residential work requests Generate and maintain scope and specifications for all contracted services Manage contract service agreements and requests for proposals Manage contracted services: landscaping; urban forest maintenance; street, park and pedestrian lighting; traffic signal and safety sign maintenance; janitorial services Perform roadway repairs and maintain signage and road markings Maintain buildings and structures
Maintain HVAC, lighting, and security systems; sidewalks, pathways, pedestrian bridges; sound walls, miscellaneous fencing; and parks, playgrounds and recreational facilities Maintain community aesthetics through painting, cleaning, and graffiti abatement STRATEGIC OBJECTIVES:
Launch tree program and tree ordinance
Establish KPIs for GOGov
Improve fleet transition to low-emission and improve preventative maintenance Establish and maintain an asset management program to track facility depreciation and the repairs required to restore or maintain value
Improve the capital improvement process by coordinating an asset management system with departmental needs and maintain a 10 – 25-year projected growth plan Establish a 25-year plan to track growth and to project equipment facility and labor needs Park maintenance and improvements:
Include needed improvements in the Capital Improvement Projects budget Ensure equity for neighborhood and community parks in terms of amenities Evaluate use of artificial turf on sports fields
Street tree maintenance and sidewalk repair program sustainability Item 8.1
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UTILITIES MANAGEMENT
MISSION STATEMENT:
To provide management for the municipal utilities and to ensure essential utility services are delivered to the community in a safe, reliable and environmentally sound manner.
CURRENT ACTIVITIES:
Oversee the operation and maintenance of the various municipal utilities Oversee and manage the contracts and contractors providing services to the City Oversee and ensure permit and regulatory compliance for various municipal utilities Plan, coordinate and manage utilities infrastructure and asset replacement Manage and coordinate the current wastewater treatment plant expansions consistent with the approved plans
Maintain City stormwater conveyance system through contracted services Evaluate alternative options for emergency sources of water Obtain water and water storage for emergency water supplies Work with MHD to preserve riparian rights north of Byron Highway Initiate the Aquifer Storage and Recovery well to improve future water reliability Analyze the feasibility of an intertie with the City of Tracy Evaluate the feasibility of using Wicklund cut and Wicklund pump station as an optional alternative water intake
STRATEGIC OBJECTIVES:
Ensure Sustainable Water Supply
Maintain infrastructure utilizing asset management system Reduce water loss
Expand and upgrade Water Treatment Plant
Promote environmental stewardship
Ensure SB1383 compliance and waste reduction and recycling initiatives
Develop comprehensive utility CIP
Support rate studies
Seek water grant funding opportunities
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ADMINISTRATIVE SERVICES
Administrative Services plays a vital role in ensuring the efficient operation of key City functions, overseeing Human Resources, IT Services, Customer Service, Finance, Parks & Recreation, Risk Management, and Emergency Preparedness. This department provides essential support that enables the City to deliver high-quality services to residents, businesses, and stakeholders while ensuring financial stability, operational efficiency, and public safety. Administrative Services provides leadership and coordination across all divisions, ensuring policies, procedures, and resources align with the City's mission and strategic goals. This includes overseeing compliance, operational improvements, and internal support services. Human Resources manages employee recruitment, benefits, training, and workplace policies to cultivate a skilled and motivated workforce.
IT Services ensures the security, maintenance, and advancement of the City’s technology infrastructure, supporting efficient communication and digital innovation. Customer Service serves as the first point of contact for residents, providing timely responses to inquiries, service requests, and community concerns. Finance is responsible for budget management, financial planning, and fiscal oversight, ensuring the City's economic sustainability and responsible stewardship of public funds. Parks & Recreation enhances community well-being by maintaining parks, recreational facilities, and programming that promote active and engaged lifestyles. Risk Management focuses on identifying, assessing, and mitigating risks to protect the City’s assets, employees, and residents. This includes liability management, workplace safety programs, insurance oversight, and emergency preparedness planning.
Together, these divisions contribute to a well-run, transparent, and forward-thinking City government, supporting both day-to-day operations and long-term strategic goals.
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Delivering structure, service,
and support behind the
scenes
Heart of Service
Core of City Operations
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FINANCE
MISSION STATEMENT
To safeguard City assets, to provide timely, accurate and useful financial information, and to process transactions in accordance with best practices, generally accepted accounting and auditing standards, and the City’s Financial Management Manual.
CURRENT ACTIVITIES
Review and update Financial Management Manual.
Work with the City’s external auditors to demonstrate compliance with industry’s best practices, generally accepted accounting standards and the City’s Financial Management Manual.
Prepare financial and compliance reports – audits, AB1600 Report, State Controller’s Report of Transactions, State Controller’s Report of Government Compensation. Review departmental requests, make recommendations to City Manager for spending and personnel decisions, compile budget documents, and make presentations to Council at budget workshop and adoption.
Monitor budget performance and support departments in finding budget solutions. Process vendor agreements while ensuring compliance with best practices and the City’s Financial Management Manual.
Process payroll, accounts payable, receivables, and cash receipting. Resolve customer billing issues and make continuous improvements in utility billing systems.
Direct incoming calls and walk-in traffic to the appropriate department. Provide overall front office management.
Manage general office operations including requests for supplies, services and equipment.
STRATEGIC OBJECTIVES
Implement accounts receivable and fixed assets modules. Develop a cost allocation program.
Identify appropriate training opportunities for Administration staff. Investigate and develop new revenue generation opportunities. Update Financial Management Policy Manual as appropriate. Assist with Prop 218 rate setting process and monitor adequacy of rates. Assist with impact fee updates and reporting.
Monitor and adjust developer deposit and billing procedures. Continue work on OpenGov templates, stories, and year-over-year analysis. Issue Annual Comprehensive Financial Reports within six (6) months of year end. Issue AB1600 report within 6 months of year end.
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Manage grant reporting and requests for payments.
Compile and monitor operating and capital improvement budgets. Develop, update, and implement fiscal policies.
Prepare monthly developer billings.
Develop a phone tree to more efficiently direct incoming calls. Investigate appropriate phone systems for utility customer service. Review and update as needed an informative frequently asked questions (FAQ) document for customers.
Provide a self-service kiosk for routine customer service issues and requests, park reservations, and other services.
Develop and supply customers and residents with informative brochures and printed materials, website content, and social media postings.
Evaluate and implement different payment options for utility accounts as they become available.
Implement State-mandated requirements such as SB998.
Provide annual updates on activities and compliance with the Tax Increment Financing (TIF) and Annexation Policy.
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HUMAN RESOURCES
MISSION STATEMENT
To manage recruitment and retention programs, assist employees with benefit and employment issues, provide opportunities for training, coordinate with Risk Management to minimize employment issues and litigation, and comply with professional standards and legal requirements.
CURRENT ACTIVITIES:
Recruitment to fill new positions and vacancies.
Review and update the Personnel Policies and Procedures Manual as needed. Ensure all aspects of labor agreements are implemented including cost of living increases, step increases and performance evaluations.
Provide guidance and direction on compliance with personnel policies. Provide guidance and information to supervisors; work with managers and supervisors to resolve performance issues.
STRATEGIC OBJECTIVES:
Implement an online employment application process compatible with platforms used by surrounding jurisdictions
Schedule, review, and track timeliness of Employee Performance Reports Implement an overall human resources information system to track Human Resource activities including performance evaluations, training, and dates of salary changes Establish onboarding processes and human resources training for incoming employees Post current position grades and salary schedules on City website Update personnel policy as needed
In connection with the Class and Compensation Study, update job descriptions and salary ranges to be consistent with current job duties and needs of the City Develop a policy for progression within a job series
Develop and conduct training programs for Human Resource topics ranging from supervision, disciplinary actions, and workers’ compensation Identify training and continuing education opportunities for staff Establish career paths for employees and coordinate and encourage training and education to accomplish these goals
Negotiate Memoranda of Understanding, side letters, and meet and confer sessions with union representing General and Supervisor/Confidential employees Provide compensation information for compilation of annual budget and annual audit Develop a revised evaluation format for unrepresented employees that includes compliance with administrative policies such as staff evaluations, purchasing, payroll reporting, and risk management.
Develop a revised evaluation format for represented employees; discuss as need with SEIU Item 8.1
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INFORMATION TECHNOLOGY
MISSION STATEMENT
To purposefully utilize the latest technology to provide service to the community and staff.
CURRENT ACTIVITIES
Manage equipment and phone systems.
Coordinate various software systems including implementation, integration, upgrades, and training.
Provide support to staff as needed.
STRATEGIC OBJECTIVES
Identify and provide tools to enhance employee productivity. Analyze the nature and cost of ISD services.
Negotiate MOU for ISD services.
Develop policies concerning use of technology including remote access, use of city equipment, and email retention.
Evaluate use of the cloud for records storage and address any privacy concerns or vulnerabilities in the system.
Develop an IT policy governing the use of City equipment and software.
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PARKS AND RECREATION
MISSION STATEMENT
To provide exceptional facilities and programs to serve all age groups and the diversity of interests in the community.
CURRENT ACTIVITIES
Create, manage, execute, and report on all events.
Manage facility rentals.
Plan and manage City-sponsored events.
Solicit and coordinate community volunteers.
Publicize events with website and social media, banners at community entrances, and advertising in Mountain House Matters.
STRATEGIC OBJECTIVES
Analyze the cost of maintaining community facilities, parks and fields and recommend appropriate user fees.
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. Recruit, train, supervise and evaluate full and part-time recreation employees. Develop a sponsorship/donation policy program for Council adoption to offset the cost of special events and recreation programs.
Implement and coordinate staff volunteer opportunities within the community. Investigate and recommend community recreation events. Develop a cost recovery calculation methodology and goal. Implement Community Hosted Special Event Policies and Processes to ensure community safety and to reduce stress upon city resources.
Create a program plan for the new pickleball courts at the Central Park Tennis Courts, new tennis center and amphitheater.
Hire an additional Recreation Coordinator to manage facility rentals, manage new tennis center, new pickleball courts, new amphitheater rentals, and community hosted special event process.
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RISK MANAGEMENT
MISSION STATEMENT
To manage City processes, policies, assets and infrastructure to minimize liability and loss.
CURRENT ACTIVITIES:
Assume accountability for in-house risk management, overseeing all risk, compliance and safety programs, and ensuring all training, best practices and mandated audits are being conducted Coordinate with other departments to obtain information needed to file claims and assess outstanding risks
Coordinate with Human Resources to identify and assign appropriate training opportunities and monitor completion
STRATEGIC OBJECTIVES:
Assist in assessments related to changes in City operations as required in Section 120 of the City’s Financial Management Manual, “Risk Assessments.” Such changes include expanding recreation programs, encroachment permits, facilities rentals, understaffing, personnel policies, public safety operations, road safety, crossing guard operations, adopted policies and procedures, regulatory requirements for utility plants, and training of new supervisory/management staff.
Perform a risk assessment identifying areas of greatest concern in terms of potential financial loss, probability and possibility.
Develop a policy and procedure manual for risk management, including processes for reporting incidents, staff responsibilities, timelines, follow-up, and reporting. Provide training for the council and staff in the implementation of plans to reduce loss and liability.
Develop a comprehensive inventory of City assets, including the current condition of the assets.
Develop a workplace safety program, including personal security, field work and use of City vehicles.
Monitor vehicle activity using Global Positioning Software and provide reports to supervisors, Human Resources and emergency response personnel as appropriate. Provide training for supervisors to minimize risk of employment-related claims.
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Work Plan Prioritization
FY 2025–2027 Strategic Goals & Status Update
Prepared for City Council review. Each goal is color-coded by priority. Goals originally flagged by staff as Council-critical carry more weight than a plain priority number and are listed first within each category.
★
Council-critical
1 Highest priority
2 Secondary priority
Jump to a Category
CATEGORY GOALS PAGE
Incorporation Transition 5 page 2
Development 7 page 3
Public Safety 5 page 4
Transportation 3 page 6
Utilities & Water Resources 4 page 7
Fiscal Sustainability / Community Culture 5 page 8
Communications / Community Transparency 5 page 9
Council / Staff Culture 4 page 10
Amenities / Quality of Life 3 page 11
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Incorporation Transition
GOAL PRIORITY TARGET DATE COMPLETED STATUS
★ Council Policies 1 July 2025 May 2025 • Coordinated with Margaret Wimberly, Beth Remsing, and Joe Kriskovich Update Municipal Code 1 July 2025 June 2025
June 2026
Sept 2026
• Municipal Code updates completed and published online (June 2025) • Oversized vehicle regulations implemented
• Additional ordinance updates in development for City Council consideration (September 2026), including:
– Electric bikes/scooters
– Discharge of firearms and archery
– Code Enforcement citation procedures (effective June 2026) Office Space Expansion 1 August 2026 — • Contract awarded to Diede Construction (August 27, 2025) • Construction substantially complete; awaiting generator installation for project completion • Furniture, Fixtures, and Equipment (FFE) agreement with KI awarded by City Council (April 2026) with delivery anticipated fall 2026
Updated Land Use Code 1 March 2026 April 2026 • Development Code completed (April 2026) General Plan Update 1 December 2026 — • General Plan Update initiated and baseline phase completed (June 2025) • De Novo Planning Group retained as lead consultant; ongoing coordination with City staff • Community workshop (public forum) held October 2, 2025 to gather input on land use, growth, and community priorities; attendee data collected for continued outreach • Existing Conditions Report and Public Outreach Summary prepared and scheduled for publication on the City website (March 2026)
• General Plan update provided as a Discussion Item (July 2026) • Environmental review process (EIR) initiated; completion anticipated December 2026 • Economic Development Element being incorporated into the General Plan with support from Kosmont Companies
• Draft General Plan public review document anticipated following completion of initial analysis and environmental review milestones
• Future City Council consideration to be scheduled upon completion of key deliverables and consultant work products
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Development
GOAL PRIORITY TARGET DATE COMPLETED STATUS
★ Draft Economic Development
Strategy
1 July 2026 — • Kosmont Companies presented an “Economic Development 101” overview to City Council (October 2025)
• Economic Development Element approved by City Council (January 14, 2026) for development and incorporation into the General Plan
• City representatives scheduled to attend ICSC Monterey (March 2026) for business attraction and networking
• Ongoing economic outreach efforts underway, including facilitation of a food manufacturing company relocation to the Logistics Center, with potential for up to 100 new jobs • TIF Deferral Program approved by City Council (March 2026) ★ Affordable Housing Policies 2 July 2026 — • City Council approved acceptance of 5,114 RHNA units from San Joaquin County for the 2023–2031 planning period (December 10, 2025)
• Housing Element in progress with PlaceWorks, including ongoing public outreach efforts • Community workshop on affordable housing held (April 2026) Master Plan: Community Center
and Aquatic Center
1 July 2025 — • Conceptual design phase complete
• Construction drawings approximately 40% complete
• Finalizing financing plan to expedite groundbreaking in 2027 Major Development — Parks
Projects
— Ongoing — • Neighborhood J Parks — plan approvals anticipated in late spring 2026 for Neighborhood J Park and Mini Park, and late summer 2026 for Phase 1 Open Space Park
• Railroad crossing improvements — plans in development at multiple locations; City approvals anticipated summer 2026
• Costa Park — completed (Spring 2026)
Major Development — Facility
Projects
— Ongoing July 2026
(Dog Park)
• Tennis Complex — grand opening scheduled for September 18, 2026 • Dog Park — completed (July 2026)
• Amphitheater — construction anticipated to be completed December 2026 Major Development — Water
Projects
— Ongoing — • Water Treatment Plant (WTP) upgrades and expansions — City coordinating with developer on cost estimates, conceptual design, demand projections, condition assessments, and scope of work Major Development — Traffic
Signal Projects
— Ongoing — • Central Parkway/Main Street signal fully operational and completed (April 2026) • Nasergoli Drive/Central Parkway signal in progress; anticipated completion fall 2026 Item 8.1
Mountain House Page 111 of 269 Work Plan Prioritization — Public Safety
Public Safety
GOAL PRIORITY TARGET DATE COMPLETED STATUS
★ Receive Better Data from the
Sheriff's Department
1 July 2025 — • DataTicket program update provided to City Council (December 2025) • Public safety reporting enhancements implemented, including citation, warning, and enforcement data (beginning January 2026)
• Sheriff's Office reports refined under new Police Chief; updated reporting provided to City Council meetings moving forward (March 2026)
• DataTicket is fully functional in the field, with mobile devices assigned to all Public Safety divisions • Police Services, including the Sheriff, are more involved in community engagement with schools, nongovernment agencies, and community business organizations ★ Improve Community
Engagement with Police Services /
Public Safety
2 July 2025 — • Pedestrian Safety Campaign conducted (August 20, 2025 and March 2026) • National Night Out event held (August 5, 2025); next event scheduled for August 4 • Provided youth education to the Youth Advisory Committee (June 2026) • Participated in the “Reading Across America” program for elementary school students • School Resource Deputy participated in several high school education programs through the School District/City shared SRD program
• Coffee with a Cop event held (October 1, 2025)
• Partnered with the Recreation Department on the Senior Awareness program and youth bike-safety education
• “It Takes a Village” community meeting focused on code enforcement and public safety (March 18, 2026)
• Conducted community-wide special enforcement with other San Joaquin County cities for speed reduction (STEP) several times in 2025 and 2026
• Introduced five new patrol vehicles to the Mountain House fleet in 2026, marked with “Mountain House” branding
• Increased public participation in the Everbridge emergency notification system • Managing the Volunteer School Crossing Guard program — ongoing Security Camera Monitoring Plan
& Master Plan Update
1 December 2025 — • Public Safety, along with ezWave, anticipates a completed Master Plan by fall 2026 • All Avigilon cameras have been updated or replaced (July 2026) • Camera maintenance services transitioned to ezWave as approved by City Council (July 2026) Traffic Safety Enhancements &
Neighborhood Traffic Safety
Improvements
1 July 2025 July 2026 • Traffic Calming Program approved by City Council (May 2025) • Crosswalk enhancements and daylighting improvements implemented Item 8.1
Mountain House Page 112 of 269 Work Plan Prioritization — Public Safety
GOAL PRIORITY TARGET DATE COMPLETED STATUS
• AB 720 Red Light Camera Program (14 locations) — installation of signage and cameras completed (April 2026)
– Two-month public warning period completed (June 2026) – Full enforcement underway (July 2026)
Fire Station 2 Implementation &
Staffing Plan
1 June 2025 July 2025 • Fire Station 2 is open and fully operational (July 2025) Item 8.1
Mountain House Page 113 of 269 Work Plan Prioritization — Transportation
Transportation
GOAL PRIORITY TARGET DATE COMPLETED STATUS
Draft MOU with Valley Link re:
Mountain House Station
2 December 2025 — • Phase 1B (Mountain House station) funding challenges identified • Staff attended Assemblymember Rhodesia Ransom's town hall regarding Valley Link • Proposed requirement for 25-year parking lot maintenance with Mobility Transit Hub concept (Phase 1B) under review; determined not feasible for the City
Seek Opportunities to Leverage
Federal & State Funding
2 December 2025 — • Contracts awarded to support federal and state legislative advocacy funding efforts • Five City projects, including the Byron Highway Widening Project, submitted March 2026 through Foley & Lardner for federal budget appropriations consideration • Byron Highway Widening Project also submitted February 2026 for federal BUILD grant funding (~$22 million request)
• Ongoing coordination with federal partners and advocacy efforts to position City projects for state and federal funding opportunities
• City Council participated in the One Voice SJCOG delegation (May 2026) Implement Transit Services 2 December 2025 — • Transit feasibility study completed (March 2026) • Feasibility study results anticipated to be presented to City Council (August 2026) • Coordination underway with the City of Tracy to explore a potential transit services partnership • Evaluating a funded pilot voucher program (Uber/Lyft) for connections to Tracy (July 2026) Item 8.1
Mountain House Page 114 of 269 Work Plan Prioritization — Utilities & Water Resources
Utilities & Water Resources
GOAL PRIORITY TARGET DATE COMPLETED STATUS
Seek Grant Funding for Water
Supply Projects
1 Ongoing — • $6 million Google grant not awarded; resubmittal planned for next funding cycle (March 2026) • Aquifer Storage and Recovery (ASR) Well and Creek Repair projects submitted for funding consideration through the federal appropriations process, with support from the City's federal lobbyist, Foley & Lardner • ASR Project informational updates provided to City Council (April 2026) Secure Agreement for Emergency
Water Supply
1 December
2025
— • Ongoing Aquifer Storage and Recovery (ASR) updates provided to City Council on a quarterly basis • Coordinating with South San Joaquin Irrigation District (SSJID) on long-term (10-year) water supply Waste & Recycling — Ongoing May 2026
(35-gal.)
• 35-gallon waste container option for Cambridge Place and Vida Apartments rollout completed (May 2026) • Multiple ordinance updates completed to support SB 1383 compliance (July 2026) Pledged Facility Charge (Debt
Service Fee)
— Ongoing July 2026 • Debt service fee collection has transitioned from monthly utility billing to the property tax roll Item 8.1
Mountain House Page 115 of 269 Work Plan Prioritization — Fiscal Sustainability / Community Culture
Fiscal Sustainability / Community Culture
GOAL PRIORITY TARGET DATE COMPLETED STATUS
★ Complete Asset Management
Plan
1 December
2025
— • Asset Management Plan in progress
• RFP approximately 99% complete
• Coordinating with development of the Ten-Year Cash Flow model to ensure alignment ★ Update Ten-Year Cash Flow 1 December
2025
— • Ten-Year Cash Flow update in progress
• Coordinating with Asset Management Plan to ensure alignment and integration Update Recreation Master Plan 1 June 2026 — • MIG on-call contract to be utilized for plan updates and graphics • Planning Department coordinating with Mountain House Developers (MHD) to prepare updated narrative content
Consider Updating Utility Rates 1 July 2025 — • Proposition 218 (Prop 218) consulting contract awarded • Preliminary cost data and supporting information have been collected • Rate study temporarily paused to prioritize other operational initiatives Establish Customer Service Metrics 1 December
2025
— • Utilizing GoGov for community feedback data
• Determining which potential metrics have feasible data sources Item 8.1
Mountain House Page 116 of 269 Work Plan Prioritization — Communications / Community Transparency
Communications / Community Transparency
GOAL PRIORITY TARGET
DATE COMPLETED STATUS
★ Establish a Crisis Communications
Plan
1 March 2025 COMPLETED • Approved by City Council on March 26, 2025 ★ Expand Public Engagement &
Resident Feedback Tools (GoGov)
1 July 2025 — • In process — ongoing
• Continued expanding GoGov functionality to improve resident engagement, service delivery, and customer service
• Increased resident outreach through Community Connection newsletters, MH Matters publications, Public Follow-Up reports, City Manager Updates, and digital engagement initiatives • Evaluating additional resident feedback tools and service request enhancements ★ Combat Misinformation & Promote
Accurate Information
1 Ongoing — • Continued proactive communication efforts through fact-based messaging, educational graphics, videos, Frequently Asked Questions, website resources, and coordinated messaging across multiple platforms
• Expanded Public Follow-Up reports and City Council meeting recaps to improve transparency and provide residents with timely updates following Council actions • Published 338 social media posts generating more than 851,000 views while reaching over 466,000 residents, significantly expanding the City's ability to deliver accurate information ★ Prepare for the 2026 General
Municipal Election
2 March 2026 — • Nomination period preparation is complete • Staff has prepared education materials on campaign signs for candidates Improve Digital Accessibility & Website
Functionality
1 December
2025
COMPLETED • Successfully launched the City's new CivicPlus website, modernizing navigation, online services, search functionality, and government transparency
• Achieved ADA Title II digital accessibility compliance ahead of the federal deadline established by the U.S. Department of Justice's 2024 Title II Web and Mobile Accessibility Rule • Assigned departmental web content coordinators to improve content ownership and maintain accurate, timely information
• Expanded online services and improved access to agendas, utility services, planning information, recreation programming, forms, permits, and community resources • Website generated 38,092 homepage views and 13,788 website searches during the reporting period Item 8.1
Mountain House Page 117 of 269 Work Plan Prioritization — Council / Staff Culture
Council / Staff Culture
GOAL PRIORITY TARGET
DATE COMPLETED STATUS
Quarterly Updates for Strategic Plan
Goals
1 July 2025 — • June 2025 — included in budget document • August 2025 — Closed Session
• September 2025 — Open Session
Establish Quarterly Training Sessions
for City Council
1 September
2025
— • Completed training in Rosenberg's Rules of Order
• Council Members attended the City Leaders Summit
Monthly One-on-Ones with Each
Council Member and City Manager
1 Ongoing — • Ongoing
City Manager Goals: Check-In with City
Council
1 Ongoing — • Review at City Manager Annual Review
Item 8.1
Mountain House Page 118 of 269 Work Plan Prioritization — Amenities / Quality of Life
Amenities / Quality of Life
GOAL PRIORITY TARGET
DATE COMPLETED STATUS
★ Establish Key Performance
Indicators (KPIs) for Facility Rentals &
Parks Maintenance
2 June 2026 — • Determining appropriate sources data for measurement ★ Policy Direction on Code
Enforcement Implementation
2 June 2026 — • In process, with a final review taking place with the City Attorney (July 2026) ★ LUSD Partnership 2 June 2026 — • Ongoing
Item 8.1
Mountain House Page 119 of 269 TITLE: Mountain House Assignment Incentive Program for Eligible San Joaquin County Sheriff‘s Office Personnel Assigned Full-Time to Mountain House Police Services MEETING DATE: September 9, 2026
PREPARED BY: Rex Osborn, Public Safety Director (Consultant)
RECOMMENDATION
Staff recommends that the City Council approve the Mountain House Assignment Incentive Program, providing eligible San Joaquin County Sheriff’s Office personnel assigned full-time to Mountain House Police Services with an incentive equal to 7.5% of base salary in exchange for a three-year assignment commitment, and approve the associated Letter Agreement with the County of San Joaquin.
BACKGROUND
The City of Mountain House receives law enforcement services from the San Joaquin County Sheriff’s Office under the County City Law Enforcement Services Agreement dated January 14, 2025. The Letter Agreement presented for approval establishes a Mountain House Assignment Incentive Program for eligible Sheriff’s Office personnel assigned full-time to Mountain House Police Services.
Continuity allows experienced personnel to build lasting working relationships with residents, businesses, City staff, and community partners. It also increases their familiarity with local conditions, City priorities, and recurring public safety concerns. Frequent turnover requires repeated recruitment, orientation, and training of new personnel and can diminish the institutional and community knowledge gained through sustained service.
DISCUSSION
The Mountain House Assignment Incentive Program is intended to strengthen recruitment and retention by encouraging qualified Sheriff’s Office personnel to select Mountain House and remain for a defined period. Eligible participants would commit to a three-year Mountain House assignment. In return, participants would receive an incentive equal to 7.5% of base salary.
The program would apply to full-time sworn personnel assigned to Mountain House Police Services, including Deputy Sheriffs, Sergeants, and the Lieutenant. The incentive would be paid monthly and calculated as 7.5% of the participant’s base salary for the assigned 80-hour biweekly pay period. Holidays, overtime, and approved time off would not change the incentive amount.
Item 8.2
Mountain House Page 120 of 269 Since 2022, 20 sworn personnel have transitioned out of Mountain House assignments: 14 Deputy Sheriffs, three Sergeants, and three Lieutenants. Regardless of the reason for a transition, each vacancy requires recruiting, selecting, orienting, and training a replacement for municipal policing in Mountain House.
Mountain House Police Services has 11 authorized sworn positions. Of the personnel currently assigned to Mountain House, eight sworn personnel have indicated an interest in participating in the three-year assignment incentive program. The eight anticipated participants include six Deputy Sheriffs, one Sergeant, and one Lieutenant.
Participants may serve in approved collateral assignments that do not materially interfere with their availability for regular Mountain House duties. Currently approved collateral assignments include Field Training Officer, Crisis Negotiations Team, Unmanned Aerial Systems, and Motors.
The incentive program is a focused investment in recruitment and retentions designed to improve assignment stability and continuity of service. The program does not change the Sheriff’s authority over personnel, supervision, deployment, scheduling, or operational decisions. Final City approval of the program rests with the City Council through approval of the Letter Agreement.
The Letter Agreement also contains provisions allowing for the addition of two Deputy Sheriff positions.
When the Letter Agreement was originally drafted, the intent was to present the incentive program and the staffing request to the City Council at the same time. The current agenda item, however, is limited to consideration of the 7.5% incentive program and does not request implementation or funding of the two additional positions. Staff anticipates returning to the City Council with the request for two additional Deputy Sheriff positions as part of the Fiscal Year 2026–27 midyear budget review.
FISCAL IMPACT
Based on anticipated participation by six Deputy Sheriffs, one Sergeant, and one Lieutenant, the estimated Fiscal Year 2026-27 cost of the 7.5% assignment incentive program is $99,860. Sufficient funds are available in the Fiscal Year 2026–27 budget to fund the incentive program, and no additional budget appropriation is required.
Costs associated with the protentional addition of two Deputy Sheriff positions are not included in this action and will be presented to the City Council separately as part of the Fiscal Year 2026–27 midyear budget review.
Item 8.2
Mountain House Page 121 of 269
STRATEGIC PLAN
The Mountain House Assignment Incentive Program supports the City’s public safety and organizational goals by improving recruitment and retention. The three-year commitment promotes assignment stability and preserves institutional and community knowledge within Mountain House Police Services.
Continued service by experienced personnel strengthens community relationships, improves coordination with City staff, and increases understanding of Mountain House’s public safety priorities.
CEQA
Not applicable.
ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval, City staff will coordinate with the County of San Joaquin and the Sheriff’s Office to implement and administer the Mountain House Assignment Incentive Program.
ATTACHMENTS
Attachment A - Board of Supervisor Item regarding Mountain House Retention Incentive Program Attachment B - Board of Supervisors Item regarding Side Letter agreements Attachment C - Law Enforcement Services Contract with Sheriff Attachment D - Letter Agreement between the City of Mountain House and the County of San Joaquin regarding the Mountain House Assignment Incentive Program
Item 8.2
Mountain House Page 122 of 269 August 18, 2026
Board of Supervisors
County of San Joaquin
44 N. San Joaquin Street, Suite 627
Stockton, California 95202
Dear Board Members:
Authorize a Mountain House Retention Incentive Program Effective August 24, 2026 and Approve an Appropriation Increase of $99,860 in the Sheriff-Mountain House Budget
(4/5ths Vote Required)
RECOMMENDATION
It is recommended that the Board of Supervisors authorize and approve:
1. The creation of a Mountain House Retention Incentive Program effective August 24, 2026 consisting of a 7.5% stipend to personnel assigned to Mountain House Police Services; and,
2. A budget adjustment (BA26-000169) of $99,860 in the Sheriff-Mountain House Fiscal Year 2026-2027 budget (#20135BU) associated with the 7.5% stipend with offsetting revenue from the City of Mountain House (4/5ths vote required).
REASON FOR RECOMMENDATION
The Sheriff’s Office has provided police services to the Mountain House Community Services District since 2004. The City of Mountain House was incorporated in July 2024. On January 14, 2025, the Board approved a Memorandum of Understanding (MOU) between the Sheriff’s Office and the City of Mountain House (City) which provides for the Sheriff’s Office to render law enforcement services to the City for which the City reimburses the Sheriff’s Office. The total number of Sheriff’s Office staff assigned to Mountain House during FY 2025-2026 was 11. Positions included one Lieutenant, one
4.24 Packet Pg. 684
Item 8.2
Mountain House Page 123 of 269 Board of Supervisors
RE: SO - Authorize a Mountain House Retention Incentive Program August 18, 2026
Sergeant, one Motor Unit Deputy, one School Resource Deputy, and seven Deputy Sheriffs. Two additional Deputy Sheriff Positions were added during the FY 2026-2027 budget process, increasing the number of assigned staff to
13. The County and the City believe the continuity in assigned personnel in Mountain House is beneficial to the provision of public-safety services in Mountain House and mutually agree to initiate a Retention Incentive Program which would become effective on August 24, 2026. Participating, eligible personnel will receive a monthly stipend of 7.5% of their base salary for their assigned eighty (80) hour, bi-weekly pay period. Holidays, overtime, and approved time off will not have an impact or change the stipend amount. All sworn classifications assigned full-time to Mountain House Police Services, including Deputy Sheriff, Sergeant, and Lieutenant, are eligible for the incentive program.
While acknowledging that the Sheriff may make personnel changes for the needs of the Sheriff’s Office, to participate in this incentive program the personnel assigned to Mountain House Police Services must commit to a minimum term of three (3) years; and cannot apply for or participate in any ancillary assignments, other than those identified by the City as acceptable.
The City has identified the need to keep personnel in their regular assigned duty station as frequently as possible. Thus, the City has deemed the following ancillary assignments as acceptable for participation in the Program:
Field Training Officer (FTO), Crisis Negotiations Team (CNT), Unmanned Aerial Systems (UAS), and Motors. All incentive payments shall be billed through the existing Sheriff’s Office billing system and treated as total compensation. The proposed Retention Incentive Program will be effectuated via side letter agreements between the County and Sheriff’s Office Labor Representatives.
FISCAL IMPACT
There is no Net County Cost associated with this action. The estimated cost for the 7.5% stipend for Fiscal Year 2026-2027 for 13 sworn staff for 21 pay periods is $99,860 and will be fully reimbursed by the City of Mountain House.
ACTION TO BE TAKEN FOLLOWING APPROVAL
The Sheriff’s Office will work with the City of Mountain House to implement the Retention Incentive Program and seek reimbursement to the Sheriff’s Office for associated costs.
4.24 Packet Pg. 685
Item 8.2
Mountain House Page 124 of 269 Board of Supervisors
RE: SO - Authorize a Mountain House Retention Incentive Program August 18, 2026
Sincerely,
PATRICK WITHROW
Sheriff-Public Administrator
c: County Administrator
County Counsel
Board Clerk for Agenda 08-18-2026
Reviewed by County Administrator’s Office: Reviewed by County Counsel’s Office:
4.24 Packet Pg. 686
Item 8.2
Mountain House Page 125 of 269 Board Order Template Revised 1/2024
Before the Board of Supervisors
County of San Joaquin, State of California
BAuthorize a Mountain House Retention Incentive Program Effective August 24, 2026 and Approve an Appropriation Increase of $99,860 in the Sheriff-Mountain House Budget (4/5ths Vote Required)
THIS BOARD OF SUPERVISORS DOES HEREBY authorize the creation of a Mountain House Retention Incentive Program effective August 24, 2026 consisting of a 7.5% stipend to personnel assigned to Mountain House Police Services; and, FURTHER, approves a budget adjustment (BA26-000169) of $99,860 in the SheriffMountain House Fiscal Year 2026-2027 budget (#20135BU) associated with the 7.5% stipend with offsetting revenue from the City of Mountain House (4/5ths vote required).
I HEREBY CERTIFY that the above order was passed and adopted on by the following vote of the Board of Supervisors, to wit:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Deputy Clerk
ATTEST: RACHÉL DeBORD
Clerk of the Board of Supervisors
County of San Joaquin
State of California
4.24.a
Packet Pg. 687 Attachment: Board Order-Mountain House Budget [Revision 2] (SO - Authorize a Mountain House Retention Incentive Program) Item 8.2
Mountain House Page 126 of 269
4.24.b
Packet Pg. 688 Attachment: BA26-000169 (SO - Authorize a Mountain House Retention Incentive Program) Item 8.2
Mountain House Page 127 of 269
4.24.b
Packet Pg. 689 Attachment: BA26-000169 (SO - Authorize a Mountain House Retention Incentive Program) Item 8.2
Mountain House Page 128 of 269 44 N. San Joaquin Street, Suite 330 | Stockton, California 95202 | T 209 468 3370 | F 209 468 0508 | [email protected] Human Resources Division
Robert Bonner, Interim Director
Nicole Devencenzi, Assistant Director
August 18, 2026
Board of Supervisors
County Administration Building
Stockton, CA
Dear Board Members:
Adopt Side Letter Agreements for the Deputy Sheriffs Association (DSA), Sheriff Sergeants Association, (Sergeants), and Law Enforcement Management Association, (LEMA), to Provide Additional Compensation for Sworn Personnel Continually Assigned to the City of Mountain House Police Services Effective August 24, 2026 Recommendation
It is recommended that the Board of Supervisors adopt the Side Letter Agreements reached with DSA, Sergeants, and LEMA to provide additional compensation for bargaining unit members who are continually assigned to the City of Mountain House Police Services.
Reason for Recommendation
On August 18, 2026, the Sheriff’s Office requested that your Board authorize and approve the creation of a Mountain House Retention Incentive Program effective August 24, 2026, and a budget adjustment in the Sheriff-Mountain House Fiscal Year 2026-2027 budget.
In anticipation of the request, Human Resources negotiated the attached side letter agreements with the DSA, Sergeants, and LEMA bargaining units to amend Section 4.2.15 - Additional Compensation- in their respective Memorandum of Understanding, (MOU) to provide for the newly created Mountain House Police Services Retention Incentive Program monthly stipend of
7.5% of their biweekly base salary subject to certain requirements.
Fiscal Impact
There is no Net County Cost associated with this action. The estimated cost for the 7.5% stipend will be fully reimbursed by the City of Mountain House pursuant to the MOU between the Sheriff’s Office and the City of Mountain House.
4.14 Packet Pg. 419
Item 8.2
Mountain House Page 129 of 269 Human Resources Division
Action to be Taken Following Approval
The Sheriffs Office will work with the City of Mountain House to implement the Retention Incentive Program and seek reimbursement. The Auditor-Controller and Human Resources will also implement the necessary system changes to adopt the newly created Additional Compensation.
Respectfully Submitted,
Robert Bonner
Interim Director of Human Resources
Reviewed by County Administrator’s Office: Reviewed by County Counsel’s Office:
4.14 Packet Pg. 420
Item 8.2
Mountain House Page 130 of 269 Board Order Template Revised 1/2024
Before the Board of Supervisors
County of San Joaquin, State of California
BAdopt Side Letter Agreements for the Deputy Sheriffs Association (DSA), Sheriff Sergeants Association, (Sergeants), and Law Enforcement Management Association, (LEMA), to Provide Additional Compensation for Sworn Personnel Continually Assigned to the City of Mountain House Police Services Effective August 24, 2026 THIS BOARD OF SUPERVISORS DOES HEREBY adopt side letter agreements for the Deputy Sheriffs Association, (DSA), Sheriff Sergeants Association, (Sergeants), and Law Enforcement Management Association, (LEMA), to provide additional compensation for sworn personnel continually assigned to the City of Mountain House Police Services effective August 24, 2026.
I HEREBY CERTIFY that the above order was passed and adopted on August 18, 2026 by the following vote of the Board of Supervisors, to wit:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Deputy Clerk
ATTEST: RACHÉL DeBORD
Clerk of the Board of Supervisors
County of San Joaquin
State of California
4.14.a
Packet Pg. 421 Attachment: Board Order - Mountain House Retention SLA (Final) (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 131 of 269
4.14.b
Packet Pg. 422
Attachment: Mountain House Incentive Program SLAs - All (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 132 of 269
4.14.b
Packet Pg. 423
Attachment: Mountain House Incentive Program SLAs - All (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 133 of 269
4.14.b
Packet Pg. 424
Attachment: Mountain House Incentive Program SLAs - All (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 134 of 269
4.14.b
Packet Pg. 425
Attachment: Mountain House Incentive Program SLAs - All (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 135 of 269
4.14.b
Packet Pg. 426
Attachment: Mountain House Incentive Program SLAs - All (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 136 of 269
4.14.b
Packet Pg. 427
Attachment: Mountain House Incentive Program SLAs - All (HR - Mountain House Side Letter Agreements) Item 8.2
Mountain House Page 137 of 269 Law Enforcement Services Agreement 1
LAW ENFORCEMENT SERVICES CONTRACT
SAN JOAQUIN COUNTY SHERIFF’S OFFICE AND THE CITY OF MOUNTAIN HOUSE
TABLE OF CONTENTS
SECTION TITLE PAGE
PARTIES TO AGREEMENT 2
RECITALS 2
1.0 CONTRACT AUTHORIZATION 2
2.0 ADMINISTRATION OF PERSONNEL 2
3.0 DEPLOYMENT OF PERSONNEL 4
4.0 PERFORMANCE OF CONTRACT 5
5.0 INDEMNIFICATION 7
6.0 TERM OF CONTRACT 7
7.0 RIGHT OF TERMINATION 8
8.0 CONTRACT SUM 8
9.0 PAYMENT PROCEDURES 9
10.0 ENTIRE AGREEMENT 9
SIGNATURES 10
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 138 of 269 Law Enforcement Services Agreement 2
COUNTY-CITY
LAW ENFORCEMENT SERVICES AGREEMENT
This AGREEMENT, dated for purposes of reference only, ___________ 2024, is made by and between the County of San Joaquin, a political subdivision of the State of California, hereinafter referred to as “COUNTY,” and the City of Mountain House, a general law city, hereinafter referred to as “CITY.”
RECITALS
WHEREAS, CITY is desirous of contracting with the COUNTY for the performance of the law enforcement functions described herein by the San Joaquin County Sheriff’s Office and, WHEREAS, the COUNTY is agreeable to rendering such services on the terms and conditions set forth in this agreement and,
WHEREAS, such contracts are authorized and provided for by the provisions of Article 1, Chapter 1, Part 2, Division 1, Title 5 of the Government Code of the State of California, WHEREAS, the CITY incorporated on July 1, 2024, and its predecessor, Mountain House Community Services District (the “District”), contracted with COUNTY for law enforcement services, and the incorporation assigned the District’s contract to the City.
WHEREAS, in addition, Section 20 of San Joaquin Local Agency Formation Commission Resolution 23-1526, consistent with Government Code section 57384, requires the County to continue providing the services it was providing prior to incorporation for the remainder of the fiscal year without charge unless the City requests otherwise.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1.0 CONTRACT AUTHORIZATION
1.1 COUNTY agrees, through the Sheriff of the County of San Joaquin, to provide general law enforcement services within the limits of the CITY to the extent and in the manner hereinafter set forth.
1.2 Except as otherwise specifically set forth in this AGREEMENT, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff of the County of San Joaquin under the ordinances of the COUNTY and the statutes of the State of California, and under the municipal codes of the CITY.
2.0 ADMINISTRATION OF PERSONNEL
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F January 14, 2025
A-25-13
Item 8.2
Mountain House Page 139 of 269 Law Enforcement Services Agreement 3
2.1 During the term of this AGREEMENT, the Sheriff or his designee shall serve as Chief of Police of the CITY consistent with Government Code section 41601 - 41612. Prior to designating a person to serve as the Chief of Police, the Sheriff shall consult with the City Manager. The Chief will keep the CITY Manager informed regarding law enforcement functions related to the CITY. Additionally, the Chief or his/her designee may attend CITY Council or other CITY meetings taking place after regular business and/or scheduled work times.
2.2 The services performed by the Sheriff’s Office under this AGREEMENT including the planning, organization, scheduling, direction, supervision, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the COUNTY. The Sheriff shall retain exclusive authority over the activities of COUNTY personnel assigned to CITY.
2.3 In the event of a dispute between the parties to this AGREEMENT as to the extent and scope of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, CITY and COUNTY agree to consult prior to any final determination.
2.4 All CITY employees who work in conjunction with the Sheriff’s Office pursuant to this Agreement shall remain employees of CITY and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the COUNTY based on this agreement. No CITY employees as such shall become employees of the COUNTY unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by CITY and COUNTY.
2.5 CITY shall not be called upon to assume any liability for the direct payment of any Sheriff’s Office salaries, wages, or other compensation to any COUNTY personnel performing services hereunder for said CITY. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment as a contract employee of CITY.
2.6 As part of its compliance with all applicable laws and regulations relating to employee hiring, COUNTY agrees that the County Civil Service Rules to which it is subject and that prohibit discrimination on the basis of non-merit factors, shall remain in effect.
2.7 The Sheriff, in any unresolved dispute involving COUNTY personnel, shall have final and conclusive determination as to resolution between the parties hereto.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 140 of 269 Law Enforcement Services Agreement 4
3.0 DEPLOYMENT OF PERSONNEL
3.1 General law enforcement services performed hereunder may include, if requested by CITY in writing, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff upon approval of the Sheriff or his/her designee.
3.2 All persons employed in the performance of such services and functions for general law enforcement, including, but not limited to, sworn personnel, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff shall be employees of COUNTY, and no employee of CITY, as such shall be employed by COUNTY in another capacity or engagement.
3.3 Services performed hereunder and specifically requested by CITY shall be developed in conjunction with the Sheriff.
3.4 The number and grade of staff assigned to CITY by COUNTY for the provision of services under this agreement will be selected and retained in their assignment by the Sheriff. The Sheriff will endeavor to provide personnel agreeable to CITY and may consult with the CITY prior to assignment of personnel; however, the Sheriff retains final authority regarding selection and retention. The Sheriff when selecting the “Chief of Police” will involve the City Manager or designee in the selection process, however, the Sheriff retains the final authority regarding the assignment.
3.4.1 MINIMUM DESIRED STAFFING LEVELS: In order to provide the appropriate level of service to the CITY pursuant to this contract, a minimum desired staffing number must be established to respond to community calls for service in a timely manner and to conduct appropriate investigations and/or resolutions to the reported concerns. The following number and classification of staff shall constitute the minimum desired staffing level for the 2024-2025 fiscal year. There shall be a minimum of one (1) Deputy Sheriff assigned to Mountain House at all times.
Classification Number
Deputy Sheriff 7
Deputy Sheriff – Motor 1
Deputy Sheriff – School Resource 1
Sergeant 1
Lieutenant 1
Each year, the number of staff required to handle the calls for service workload will be based on a mutual determination by Sheriff and CITY.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 141 of 269 Law Enforcement Services Agreement 5
3.5 The method of selection, number of candidates for consideration, and management and supervision of COUNTY personnel assigned to CITY shall be solely at the discretion of the Sheriff.
3.6 Should CITY request a change on level of service, it will consult with the Sheriff or his/her designee.
3.7 CITY may request any other service in the field of public safety, law, or related fields within the legal power of the Sheriff to provide, subject to written approval of CITY Manager and approval of the Sheriff or his/her designee.
4.0 PERFORMANCE OF CONTRACT
4.1 For the purpose of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, communication facilities, and supplies necessary to maintain the agreed upon level of service to be rendered.
4.2 CITY shall directly lease and/or purchase all fixed assets which are necessary for the performance of the law enforcement services under this agreement. Fixed assets are defined as items with a purchase cost of five thousand dollars ($5,000.00) or more and a service life of greater than one year. If requested by CITY, COUNTY may maintain or purchase equipment and CITY will reimburse COUNTY for actual costs, including fuel and vehicle maintenance provided by COUNTY.
4.2.1 Vehicles utilized by COUNTY in connection with the performance of services under this Agreement may be marked so as to designate such as CITY vehicles with CITY logos and shall not preclude COUNTY Sheriff insignia on vehicles.
4.2.2 Notwithstanding the above, the Sheriff shall be responsible for the purchase of motorcycle units. Such motorcycle units shall remain property of the COUNTY.
4.3 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, logos, forms, and the like must be issued in the name of the said CITY, the same shall be supplied by CITY at its own cost and expense.
4.4 CITY shall reimburse COUNTY for calls for services for the Animal Services Division at the billing rate provided by the Auditor-Controller’s Office.
Additionally, CITY will reimburse COUNTY impound fees derived from animals impounded from the incorporated areas of CITY.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 142 of 269 Law Enforcement Services Agreement 6
4.5 CITY shall provide Information Technologies (IT) support for desktop, printers/copiers, phone system, file server and networking equipment up to CITY owned firewall as well as the equipment for these functions with refreshes based on COUNTY refresh standards.
4.5.1 COUNTY will be responsible for networking between the COUNTY and the CITY including the equipment up to the COUNTY network point of presence.
4.5.2 COUNTY will make available e-mail, internet services, cellular phone service and access to Sheriff's Office law enforcement applications necessary for job performance as deemed appropriate by the Sheriff.
COUNTY will work with CITY to ensure that all required applications are installed and working properly on CITY owned desktops.
4.5.3 Access to law enforcement data, data residing on Sheriff's Office systems or CITY related data residing on CITY servers is confidential. All CITY employees who may have access to confidential law enforcement data shall maintain CLETS certification. Any release of confidential law enforcement data to any entity outside of the Sheriff's Office by any CITY employee must be pre-authorized by the Sheriff (or designee).
4.5.4 Release of information to the press or social media posts related to services performed under this agreement are under the purview of the Sheriff. The Sheriff will collaborate with and coordinate the release of information with the “Communication Officer” of the CITY. The City may maintain its own social media platform and release law enforcement related posts that are not related to an active criminal investigation. The Sheriff and City will work collaboratively to resolve any issues that may arise.
4.5.5 CITY will provide a server, with a service agreement, that is under the jurisdiction of the Sheriff's Office and for the use of storing law enforcement data by the staff of Mountain House Police Services. All data that resides on CITY provided server will be considered, to the degree allowable by applicable law, confidential information of the San Joaquin County Sheriff's Office.
4.5.6 No unauthorized hardware or software is to be used on any of the CITY facility computer systems or networking equipment.
4.5.7 CITY IT staff shall work with COUNTY IT staff on any required new or updated software or hardware installations.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 143 of 269 Law Enforcement Services Agreement 7
5.0 INDEMNIFICATION
With the exception of any claims arising from CITY or CITY’S officers, agents, and employees’ negligence or wrongful acts or omissions, the COUNTY will assume liability and pay the cost of defense and hold the CITY harmless from any loss, costs, or expenses arising out of, or resulting from, the performance of services pursuant to this Agreement, including negligent or wrongful acts or omissions of COUNTY officers, agents, and employees. It is the intent of the Parties that, where negligence is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate costs of any loss, damage, expense and liability attributable to the Party's negligence.
5.1 The parties agree to provide one another with prompt notice of any claims or lawsuits arising out of the performance of services under this contract. All notices required to be given pursuant to this agreement shall be in writing and shall be delivered by hand or certified mail, postage prepaid, return receipt requested, to the following address:
To CITY at:
OFFICE of CITY MANAGER
251 E. Main Street
Mountain House, CA 95391
and
John Bakker, Mountain House City Attorney
Redwood Public Law, LLP
409 13th Street, Suite 600
Oakland, CA 94612
To COUNTY at:
OFFICE of the COUNTY COUNSEL
44 N. San Joaquin Street, Suite 679
Stockton, CA 95202
6.0 TERM OF CONTRACT
6.1 Unless sooner terminated as provided for herein, this AGREEMENT shall be effective July 1, 2024 and shall remain in effect until June 30, 2029.
6.2 At the option of the Sheriff, with the consent of CITY Council, this AGREEMENT may be renewed for successive periods of one (1) year at a time, thereafter.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 144 of 269 Law Enforcement Services Agreement 8
7.0 RIGHT TO TERMINATION
7.1 This AGREEMENT may be terminated at any time, with or without cause, by either party upon giving written notice to the other at least 365 days prior to the date specified for such termination.
7.2 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations that would otherwise accrue subsequent to the date of termination.
8.0 CONTRACT SUM
8.1 CITY shall pay for the services provided by COUNTY under the terms of this service AGREEMENT. Charges include expenses as reported by the AuditorController quarterly in the Sheriff-Mountain House Police Services budget (2021615000) in support of Mountain House Police Services. Support from other Sheriff’s divisions including Investigations, Patrol, and Special Services necessary to perform services under this agreement may be charged to SheriffMountain House budget (2021615000) as determined by Sheriff’s Management Services Division.
8.1.1 Personnel Billing Rate. Personnel billing rates are calculated annually by the County Auditor-Controller’s Office and may be used to determine costs for services provided by COUNTY employees not assigned to Mountain House Police Services. The billing rate shall include salary and fringe benefits, vacation, holiday, sick leave, and Sheriff’s Office overhead rate.
8.1.2 Personnel. COUNTY will provide the agreed number of personnel allocated to the Mountain House Police Services budget during the annual budget cycle. CITY shall pay for the cost of said personnel on a quarterly basis by paying actual payroll cost as reported by the Auditor-Controller as per 8.1 and applicable Sheriff’s Office overhead rate.
8.1.3 Support Services. COUNTY will provide necessary support services for staff assigned to CITY, including communications, records, technical services, control 5, case management, and evidence room services. CITY shall pay for the cost of said personnel services on a quarterly basis based on Sheriff’s Office overhead rate.
8.1.4 Extra Staff. Extra personnel may be needed occasionally for unusual crimes, investigations, emergencies, urgent situations, planned CITY sponsored functions and/or special events that may require extra staffing.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 145 of 269 Law Enforcement Services Agreement 9
During these situations, the need for and actual assignment of extra staff shall be determined by the Chief of Police.
a) County Patrol Unit. Any such costs for COUNTY Patrol staff will be charged to the Sheriff-Mountain House budget (2021615000) using actual cost. Any COUNTY vehicles used in performance of duties for Mountain House Police Services personnel will be billed in accordance with the COUNTY’s established mileage rate for the class of vehicle.
b) County Detective Unit. Any such costs for COUNTY Detective Unit staff will be charged to Sheriff-Mountain House budget (2021615000) using actual cost.
9.0 PAYMENT PROCEDURES
9.1 COUNTY, through the San Joaquin County Sheriff’s Office, shall render to CITY within forty-five (45) days after the close of each quarter a summarized invoice which covers costs for all services performed during the preceding quarter, and CITY shall pay the COUNTY for all undisputed amounts within thirty (30) days after date of said invoice. Along with the quarterly invoice, the Auditor’s Expense Reports for COUNTY’s Mountain House Police Services budget (2021615000) will be provided to CITY.
10.0 ENTIRE AGREEMENT
10.1 This AGREEMENT shall constitute the complete and exclusive statement of the parties that supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. All changes or amendments to this AGREEMENT must be in writing and mutually executed by authorized personnel on behalf of the CITY and the COUNTY. The Sheriff or his/her designee is authorized by the COUNTY to execute supplemental agreements referenced in this AGREEMENT.
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Item 8.2
Mountain House Page 146 of 269 Law Enforcement Services Agreement 10
AGREEMENT BETWEEN
COUNTY OF SAN JOAQUIN
AND CITY
WITNESS WHEREOF, the San Joaquin County Board of Supervisors has caused this AGREEMENT to be subscribed by its Chair and the seal of such Board to be hereto affixed and attested by the Clerk of the Board of Supervisors, and CITY has caused this AGREEMENT to be subscribed on its behalf by its authorized officer.
Dated at Stockton, California, this _____ day of ___________ , 2025.
COUNTY OF SAN JOAQUIN
By:______________________
Paul Canepa,
Chair, Board of Supervisors
ATTEST:
RACHEL DeBORD
Clerk of the Board of Supervisors,
San Joaquin County, State of California
By:______________________
APPROVED AS TO FORM: RECOMMENDED BY:
Office of the County Counsel Office of the Sheriff
By:______________________ By:______________________
Deputy County Counsel
CITY
By:______________________
Steven J. Pinkerton, City Manager
ATTEST:
By:__________________________
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:______________________
John Bakker, City Attorney
Docusign Envelope ID: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F 14TH January
Item 8.2
Mountain House Page 147 of 269 Certificate Of Completion
Envelope Id: BD6A32FD-27EC-4FDC-9944-11D16CA1C98F Status: Completed Subject: Mountain House MOU_12.20.24.pdf
Source Envelope:
Document Pages: 10 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 0 Sunny Acevedo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
44 N San Joaquin ST
Stockton, CA 95202
[email protected]
IP Address: 12.157.107.209
Record Tracking
Status: Original
12/20/2024 1:09:46 PM
Holder: Sunny Acevedo
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of San Joaquin Location: Docusign Signer Events Signature Timestamp
John Bakker
[email protected]
Partner
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 104.28.123.69
Sent: 12/20/2024 1:26:21 PM
Resent: 12/20/2024 1:33:17 PM
Viewed: 12/21/2024 10:03:07 AM
Signed: 12/21/2024 10:03:16 AM
Electronic Record and Signature Disclosure:
Accepted: 12/21/2024 10:03:07 AM
ID: 04c311d0-2edb-407b-b722-489e4b10e24c
Margaret Wimberly
[email protected]
City Clerk
City of Mountain House
Security Level: Email, Account Authentication
(None)
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Sent: 12/20/2024 1:26:21 PM
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Electronic Record and Signature Disclosure:
Accepted: 12/20/2024 1:27:48 PM
ID: 375b6a99-8a4a-4426-bfd3-f54002bef762
Richard Sordello
[email protected]
Deputy County Counsel
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Electronic Record and Signature Disclosure:
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ID: 56178b0d-fb86-4271-9675-26748dca8708
Steven J. Pinkerton
[email protected]
General Manager
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Signed: 12/20/2024 1:53:55 PM
Electronic Record and Signature Disclosure:
Item 8.2
Mountain House Page 148 of 269 Signer Events Signature Timestamp
Accepted: 12/20/2024 1:53:37 PM
ID: f4b22a12-3087-4b47-9619-b4fc246949ca
Clerk of the Board
[email protected]
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 12.157.107.209
Sent: 12/21/2024 10:03:18 AM
Viewed: 12/23/2024 7:06:54 AM
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Electronic Record and Signature Disclosure:
Accepted: 2/10/2025 10:15:50 AM
ID: 580d9dcd-6817-4532-afc0-178e12eb4735
Paul Canepa
[email protected]
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(None)
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Electronic Record and Signature Disclosure:
Accepted: 2/10/2025 10:42:12 AM
ID: 2ba00dab-eabc-4664-b4fa-807d7bed8215
Rachel DeBord
[email protected]
Clerk of the Board
San Joaquin County
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(None)
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Sent: 2/10/2025 10:42:23 AM
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Electronic Record and Signature Disclosure:
Accepted: 9/15/2022 1:23:05 PM
ID: faf01de4-1c22-496b-9b4b-bcc442ade8f3
Patrick Withrow
[email protected]
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Electronic Record and Signature Disclosure:
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ID: 8a43299f-8e0b-4920-8fe0-2b22ce808189
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Armando Izaguirre
[email protected]
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Electronic Record and Signature Disclosure:
Item 8.2
Mountain House Page 149 of 269 Carbon Copy Events Status Timestamp
Not Offered via Docusign
Sunny Acevedo
[email protected]
Sheriffs Administrative Analyst
San Joaquin County
Security Level: Email, Account Authentication
(None)
Sent: 2/11/2025 1:36:10 PM
Resent: 2/11/2025 1:36:16 PM
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Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/20/2024 1:26:22 PM
Envelope Updated Security Checked 12/20/2024 1:34:04 PM Envelope Updated Security Checked 12/20/2024 2:57:47 PM Envelope Updated Security Checked 12/20/2024 2:57:47 PM Envelope Updated Security Checked 1/29/2025 10:10:54 AM Envelope Updated Security Checked 1/29/2025 10:10:54 AM Envelope Updated Security Checked 1/29/2025 10:10:54 AM Envelope Updated Security Checked 1/29/2025 10:10:54 AM Envelope Updated Security Checked 1/29/2025 10:10:54 AM Envelope Updated Security Checked 1/29/2025 10:10:54 AM Certified Delivered Security Checked 2/11/2025 1:35:16 PM Signing Complete Security Checked 2/11/2025 1:36:09 PM
Completed Security Checked 2/11/2025 1:36:10 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Item 8.2
Mountain House Page 150 of 269
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of San Joaquin (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 9/9/2020 9:28:07 AM Parties agreed to: John Bakker, Margaret Wimberly, Richard Sordello, Steven J. Pinkerton, Clerk of the Board, Paul Canepa, Rachel DeBord, Patrick Withrow Item 8.2
Mountain House Page 151 of 269 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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To withdraw your consent with Carahsoft OBO County of San Joaquin To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
Item 8.2
Mountain House Page 152 of 269 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
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Item 8.2
Mountain House Page 153 of 269 Mountain House Page 154 of 269 Mountain House Page 155 of 269 TITLE: Provide Direction to the City’s Voting Delegate on the Proposed 2026 League of California Cities General Assembly Resolution
MEETING DATE: September 9, 2026
PREPARED BY: Margaret Wimberly, City Clerk
RECOMMENDATION
Staff recommends that the City Council provide direction to the City’s Voting Delegate regarding the City’s position on the proposed 2026 League of California Cities General Assembly Resolution concerning local authority over housing and land use decisions.
BACKGROUND
Cal Cities requires each member city to designate a Voting Delegate for the General Assembly held during the Annual Conference and Expo and allows the City to appoint up to two Alternate Voting Delegates by formal Council action. The League of California Cities Annual Conference and Expo will be held in Anaheim, California, September 23 through 25, 2026. During the annual business meeting beginning Friday, September 25, 2026, at 8:30 a.m., Voting Delegates appointed by each member city consider and act on resolutions that establish Cal Cities policy. Each member city is entitled to cast one vote on matters before the General Assembly. The Voting Delegate must be properly designated and registered to participate in voting.
Cal Cities encourages each city council to consider proposed resolutions in advance and establish a position so its Voting Delegate can represent the city’s position during the General Assembly.
At the City Council meeting of August 26, 2026, the City Council designated Council Member Matt Disko as the Voting Delegate, and Council Member Bernice Tingle as the alternate Voting Delegate for the League of California Cities Annual Conference and Expo.
DISCUSSION
The League of California Cities received one resolution for consideration at its 2026 Annual Conference and Expo. The City of Murrieta submitted a Resolution with letters of concurrence from six cities and two mayors. Cal Cities referred the resolution to its Housing, Community, and Economic Development Policy Committee for review. The policy committee is scheduled to consider the resolution on September 17, 2026.
Item 8.3
Mountain House Page 156 of 269 The resolution calls on Cal Cities to support the development and advancement of a state constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions. It also calls for consideration of a statewide working group or other committee to evaluate and develop potential approaches.
The proposed framework would preserve the State’s authority to establish broad statewide housing goals and enforce civil rights, fair housing, building and life-safety standards, and generally applicable environmental protections, while seeking to provide cities greater authority over how statewide housing objectives are implemented based on local infrastructure, public services, fiscal conditions, safety needs, and community priorities.
The working group process would provide cities with an opportunity to evaluate how state housing requirements affect local planning and identify options that balance statewide housing goals with local control.
The resolution contemplates that this work could include preparation for a potential measure at the November 2030 General Election or another timeframe determined through the working group process.
The Resolutions Committee will review the resolution and the Policy Committee’s recommendation on September 24, 2026. Any resolution forwarded by the Resolutions Committee will be considered by the General Assembly on September 25, 2026, at the Anaheim Convention Center. Each member city may cast one vote through its designated Voting Delegate.
The City Council may direct the City’s Voting Delegate to support or oppose the resolution or may choose to take no position.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC PLAN
Not applicable.
CEQA
Not applicable.
ATTACHMENTS
Item 8.3
Mountain House Page 157 of 269 Attachment A – CalCities 2026 Annual Conference Resolution Packet Item 8.3
Mountain House Page 158 of 269 2025-2026
CAL CITIES OFFICERS
President
Gabe Quinto
Mayor
El Cerrito
First Vice President
Teresa Acosta
Council Member
Carlsbad
Second Vice President
David Cohen
Council Member
San Jose
Immediate Past President
Lynne B. Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 10, 2026
TO: Cal Cities Members
RE: Cal Cities 2026 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the July 25 deadline.
The attached packet contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process and the next steps for the resolution.
We encourage each city council to consider the resolution and determine a position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Tuesday, Sept. 1, 2026. The voting delegate packet contains more information.
The 2026 General Assembly will be held Friday, Sept. 25, at 8:30 a.m. in the Anaheim Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
Item 8.3
Mountain House Page 159 of 269 2026
Resolution
Packet
Item 8.3
Mountain House Page 160 of 269 2026 Resolution Packet
Information on 2026 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, Cal Cities President Gabe Quinto has referred the submitted resolution to the Housing, Community, and Economic Development Committee. The committee will meet on Thursday, Sept. 17, at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting is on page two of this packet.
Consideration by Resolutions Committee (during conference) On Thursday, Sept. 24, at 1:00 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consist of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting is on page two of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Friday, Sept. 25, at 8:30 a.m. to consider any resolutions the Resolutions Committee has forwarded. To vote during the General Assembly, voting delegates must have checked in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Thursday, Sept. 24. For more information on voting and discussion procedures during the General Assembly, see page three of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 Item 8.3
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Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The table below shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 2 Item 8.3
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General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. If an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome, a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
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2026 Resolution
1. Resolution No. 1 submitted by City of Murrieta
• Letters of concurrence submitted by:
i. City of Banning;
ii. City of Calimesa;
iii. City of Canyon Lake;
iv. City of Moreno Valley;
v. City of Norco;
vi. City of Torrance;
vii. Crystal Ruiz, Mayor, City of San Jacinto;
viii. Jessica Alexander, Mayor, City of Temecula
• Referred to Housing, Community, and Economic Development Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
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Resolution No. 1
Submitted by City of Murietta
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1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES
CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL
AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER
HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdiction in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amendment or other legislative, policy, or ballotbased strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and
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BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life-safety standards, and generally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zoning or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group.
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Resolution No. 1: Background
Information
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Background Information for Resolution
Source: City of Murrieta
Background:
California cities are responsible for planning residential growth, adopting general plans and zoning regulations, reviewing development proposals, and providing or coordinating the infrastructure and public services necessary to support new housing. Since 2010, the State has enacted more than 500 housing-related laws that have increasingly shifted housing and land use authority away from local governments. These laws have expanded by-right development, limited locally adopted standards and review processes, and established enforcement mechanisms, including the builder’s remedy, that may override local plans and zoning. Although these measures are frequently presented as solutions to housing affordability, many increase development capacity or restrict local review without delivering the meaningful production of housing needed to address the housing crisis.
At the same time, the State has continued to prioritize increased development capacity without adequately accounting for the infrastructure, public services, economic realities, and safety measures necessary to support housing growth.
State mandates often fail to reflect local conditions, including roadway and utility capacity, water availability, wildfire exposure, environmental limitations, fiscal impacts, and the availability of essential services. Cities are consequently required to accommodate additional housing while receiving no funding or assistance to address the resulting infrastructure and service demands.
Local elected officials are directly accountable to the residents who experience the effects of development decisions and are responsible for balancing housing production with infrastructure capacity, public safety, environmental protection, fiscal sustainability, and community needs. Cities of all types in California have been grappling with this dynamic, ranging from urban to rural, coastal to inland, small to large, northern to southern, voicing concerns to legislative representatives with minimal responsiveness. This is an issue of statewide concern that needs the strength and diversity of the League of California Cities to pursue a long-term solution.
The proposed resolution directs the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions. The working group would be tasked with developing a more balanced framework that preserves the State’s role in establishing broad housing goals and enforcing constitutional, civil rights, fair housing, building, life-safety, and environmental requirements, while restoring meaningful local authority to allow cities to determine how statewide housing 9 Item 8.3
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objectives should be implemented in a manner that reflects local conditions and community priorities while continuing to support responsible housing production.
As the primary statewide organization representing California cities, the League is uniquely positioned to lead this effort. Its established policy, legal, legislative, communications, and advocacy networks enable it to convene municipalities, evaluate potential strategies, conduct legal and fiscal analyses, build consensus, engage stakeholders, and coordinate with statewide decision-makers. League leadership would help ensure that any recommendation reflects the collective interests of California municipalities and would provide the credibility, organizational capacity, and statewide reach necessary to advance a viable strategy.
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Resolution No. 1: Letters of
Concurrence
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Mountain House Page 173 of 269 July 23, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.
The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and
25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.
On behalf of the City of Canyon Lake, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.
Sincerely,
Arron Brown
City Manager
City of Canyon Lake
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President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.
The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches to address increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.
On behalf of the City of Moreno Valley, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.
Sincerely,
Brian Mohan
City Manager
City of Moreno Valley
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President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority
Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.
The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.
On behalf of the City of the Norco, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.
Sincerely,
Kevin Bash
City Council Member
(951) 768-8981
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Mountain House Page 180 of 269 July 23, 2026
Mr. Gabe Quinto, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for the City of Murrieta's Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto:
I am writing in my individual capacity as Mayor of the City of Temecula to express my strong support for the City of Murrieta's proposed resolution for consideration by the General Assembly of the League of California Cities at the 2026 Annual Conference.
The proposed resolution presents an important opportunity to thoughtfully evaluate the appropriate balance between California's statewide housing objectives and the constitutional principle of local governance. Establishing a statewide working group to examine a potential constitutional amendment, legislative reforms, or other policy initiatives will provide a meaningful forum to assess how local authority over housing and land use decisions can be strengthened while continuing to address the State's housing challenges.
Cities are uniquely positioned to understand the needs, opportunities, and constraints of their communities. Local elected officials are accountable to the residents they serve and are best equipped to make land use decisions that reflect a community's character, infrastructure capacity, economic development goals, environmental stewardship, and long-term vision. Equally important, local governments bear the primary responsibility for protecting public safety. Decisions regarding housing density, transportation, emergency access, wildfire preparedness, evacuation routes, police and fire service capacity, water availability, and critical infrastructure are inherently local matters that require the knowledge and judgment of those who serve their communities every day.
While the State has an important role in addressing California's housing needs, a collaborative approach that respects local expertise and preserves meaningful local discretion will produce stronger, safer, and more sustainable communities. The proposed working group offers an opportunity to evaluate policies that achieve these shared objectives while restoring an appropriate balance between state direction and local authority.
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Mountain House Page 181 of 269 Mr. Gabe Quinto, President
League of California Cities
July 23, 2026
Although this letter reflects my personal position and is not an official action or policy of the City of Temecula or the Temecula City Council, I respectfully endorse the City of Murrieta's submission of this resolution and encourage its favorable consideration by the League of California Cities General Assembly.
Thank you for your leadership and your thoughtful consideration of this important issue.
Respectfully,
Jessica Alexander
Mayor, City of Temecula
Signing in her individual capacity
and not on behalf of the City of Temecula
or the Temecula City Council.
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Resolution No. 1: Staff Analysis
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Mountain House Page 183 of 269 League of California Cities Staff Analysis on Resolution No. 1 Staff: Brady Guertin, Legislative Advocate
Committee: Housing, Community, and Economic Development Summary:
Resolution No.1 states that the League of California Cities (Cal Cities) will:
1. Support the development and advancement of a state constitutional amendment or legislative, policy, or ballot-based strategy that restores and strengthens local authority over housing and land use matters, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.
Pursuant to the resolution, the strategy should preserve the state’s authority to set broad, statewide housing goals and enforce civil rights, fair housing, building safety, and environmental standards while protecting local control by preventing the state from compelling the approval of developments that conflict with local requirements, override local zoning or density standards, or overturn local land use decisions where a city has planned for and maintained sufficient capacity to meet its housing obligations.
2. Consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters.
The resolution states: “conducting legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for the November 2030 General Election, or within another reasonable time period.” Background:
As provided in the background information, the city of Murrieta is sponsoring this resolution in response to concerns over state laws that have increasingly reduced city discretion over housing and land use decisions, including legislation that requires ministerial or by-right approvals for housing projects, limits the application of local development standards, and strengthens state enforcement mechanisms against local governments.
Additionally, the city of Murrieta, in its background information, maintains that these legislative efforts have not resulted in sufficient housing production to address California's housing shortage and have not adequately accounted for 24 Item 8.3
Mountain House Page 184 of 269 local infrastructure, public service needs, public safety, market, and fiscal considerations.
The resolution states that California’s housing goals are better advanced through state funding, streamlined environmental requirements, and voluntary partnerships, while preserving local authority over how and where housing is best planned and approved.
Consideration of the resolution may be informed by a brief examination of how the California Constitution allocates authority between the state and cities with respect to land use decisions.
The constitution grants cities the power to adopt local laws to protect the public’s health, safety, and welfare. This grant is called the “police power,” which is the basis for local land use regulation. The constitution grants charter cities the additional power to adopt local laws affecting “municipal affairs.” This power, commonly referred to as “home rule,” is based on the principle that a city, rather than the state, is in the best position to identify and satisfy the needs of the local community.
The constitution’s broad grant of police power contains a significant limitation.
Local law adopted under the police power is not valid if it “conflicts” with state law. A local law “conflicts” with state law when it regulates the same “field” in which the Legislature has stated its intent to occupy. In that case, state law is said to “preempt” the local law and it cannot be enforced.
An ordinance adopted by a charter city under the municipal affairs power cannot be enforced if it affects a “matter of statewide concern.” The subjects that have been identified as “matters of statewide concern” have changed over the years due to economic, social, and political circumstances.
Since the 1960s, the state has enacted numerous laws that limit or preempt aspects of local land use and zoning authority. These laws include the Fair Employment and Housing Act, Housing Element Law, Housing Accountability Act, Density Bonus Law, Permit Streamlining Act, accessory dwelling unit laws, California Environmental Quality Act, and others. In recent years, the state has enacted several laws that Cal Cities was the leading opposition force against, as many of the proposals pre-empted local land use authority, limited public review, and constrained local flexibility. In support of its housing and land use legislation, the Legislature has cited a statewide housing crisis and the need for increased housing production at all income levels while asserting that a uniform approach to local land use decision-making is required. 25 Item 8.3
Mountain House Page 185 of 269 Discussion:
The resolution does not prescribe a specific policy mechanism. The eight letters in support recommend creating a working group or committee to evaluate potential approaches, including legislative proposals, constitutional amendments, or ballot initiatives to strengthen local authority over housing and land use matters.
A discussion of a strategy to restore and strengthen local authority over housing and land use matters will need to consider the California Constitution’s framework for both preemption of police power enactments and municipal affairs, discussed above. It will also need to determine whether changes to the California Constitution will be proposed, and whether they constitute an amendment or a revision, which require different processes.
A constitutional revision is a multistep process blending legislative consensus, voter support, and on occasion, a constitutional convention. It requires significant public engagement.
A constitutional amendment would require a ballot initiative, which includes gathering enough valid signatures to qualify for the ballot, building large coalitions to support election efforts, and campaigning to voters to support the initiative. This process can involve significant costs. In the last major election for ballot initiatives in 2024, proponents spent $8-$18 million to qualify for the ballot and spent nearly $700 million for the full election cycle, averaging out to about $100 million per ballot initiative.
Cal Cities has been engaged in ballot advocacy for over 20 years. In the early 2000s, Cal Cities developed a ballot advocacy infrastructure that included forming an issue political action committee, fundraising, establishing a network of regional managers, and building a coalition with other organizations to ultimately advocate on a ballot measure. Ballot advocacy requires the approval of the Board of Directors with a supermajority vote.
In the Legislature, Cal Cities plays an active and influential role to ensure that local flexibility and autonomy in the land use and housing space is maintained by engaging on dozens of bills every legislative session to ensure that cities' voices are heard at the state Capitol. Below, you will find Cal Cities “Existing Policy” on local control, housing, and land use policies.
Fiscal Impact
The resolution itself would not have a significant direct fiscal impact. However, depending on what actions follow, the fiscal costs could be significant. 26 Item 8.3
Mountain House Page 186 of 269 Existing Cal Cities Policy
Vision
To be recognized and respected as the leading advocate for the common interests of California's cities.
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility.
• The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League's effectiveness.
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Zoning
Cal Cities believes local zoning is a primary function of cities and is an essential component of home rule. The process of adoption, implementation and enforcement of zoning ordinances should be open and fair to the public and enhance the responsiveness of local decision-makers. State policy should leave local siting and use decisions to the city and not interfere with local prerogative beyond providing a constitutionally valid procedure for adopting local regulations. State agency siting of facilities, including campuses and office buildings, should be subject to local notice and hearing requirements in order to meet concerns of the local community. Cal Cities opposes legislation that seeks to limit local authority over parking requirements.
Housing Element
Housing issues should be addressed in the general plan as other planning issues are. The housing element should be prepared for the benefit of local 27 Item 8.3
Mountain House Page 187 of 269 governments and should have equal status with the other elements of the general plan.
Encourage Full Community Participation
Foster an open and inclusive community dialogue and promote alliances and partnerships to meet community needs.
Well-Planned New Growth
Recognize and preserve open space, watersheds, environmental habitats, and agricultural lands, while accommodating new growth in compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing communities;
• Creates a diversity of affordable housing near employment centers; • Provides job opportunities for people of all ages and income levels.
Support:
The following letters of concurrence were received:
City of Banning
City of Calimesa
City of Canyon Lake
City of Moreno Valley
City of Norco
City of Torrance
Crystal Ruiz, Mayor, City of San Jacinto
Jessica Alexander, Mayor, City of Temecula
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Mountain House Page 188 of 269 TITLE: Mountain House Unity Center - Future Ownership, Use and Partnership Discussion
MEETING DATE: September 9, 2026
PREPARED BY: Steven J. Pinkerton, City Manager
Jodi Almassy, Deputy City Manager
RECOMMENDATION
This is for discussion only. Staff recommends that City Council receive an update regarding the upcoming expiration of the City's ground lease for the Mountain House Unity Center and ongoing discussions with the Mountain House Muslim Association (MHMA) regarding future use of the Unity Center, including a potential transfer of the City-owned building and development of a Joint Use Agreement; and provide feedback to staff.
No action regarding transfer of the building or approval of an agreement is requested at this time.
BACKGROUND
The Unity Center is located at 250 East Main Street, directly across from Town Hall. The property has an unusual split-ownership arrangement: the City owns the Unity Center building, but does not own the land underneath it. MHMA owns the land, and the City currently leases the property on which its building sits.
This arrangement dates to November 2021, when the former Mountain House Community Services District (District) entered into a five-year Ground Lease with Mountain House Developers, LLC (MHD), which owned the land at the time. Under the agreement, MHD leased approximately 62,207 square feet of property to the District and transferred ownership of the existing modular building to the District. The Ground Lease established annual rent of $15,000, payable at $1,250 per month, and expires November 10, 2026. The City has no option under the existing lease to extend the term. 2022 Partnership with MHMA
In 2022, while the District was preparing the former library building for use as a community facility, MHMA approached the District about assisting with improvements and managing the facility. On June 8, 2022, the Board directed staff to negotiate a Property Management Agreement with MHMA, and on November 9, 2022, the Board approved the agreement.
At the time, the District had approved $150,000 in the FY 2021-22 budget and $285,000 in the FY 2022- 23 budget for renovations to accommodate occupancy of up to 340 people. Under the Property Management Agreement, MHMA agreed to advance an $300,000 toward offsetting the City’s cost for the Item 9.1
Mountain House Page 189 of 269 improvements and other capital costs and to serve as property manager for the facility. A total of $365,216 was spent on renovations to Unity Center. During the lease period, the City has also spent $140,000 on expenses that include water, fire alarm system and monitoring costs, HVAC repairs, and other miscellaneous items.
The agreement established the Unity Center as a multi-use community center available to individuals, businesses and organizations on a fair, equitable and nondiscriminatory basis. It also provided the District with up to 150 hours of facility use annually without rental fees.
Since that time, MHMA has been a strong partner in operating the Unity Center and making the facility available to the broader Mountain House community. Staff appreciates MHMA's investment in the facility, its role in managing day-to-day operations, and the cooperative relationship that has developed over the term of the agreement.
Unity Center as a Community Facility
Since opening for community use, the Unity Center has served as one of Mountain House's primary indoor gathering spaces during a period when the community has not had a permanent community center. The facility has supported private rentals, community and cultural organizations, social gatherings, youth and senior programming, and City-sponsored programs and events.
With capacity for up to 340 people and a central location directly across from Town Hall, the Unity Center has helped fill an important community need while the City plans and develops its future Community and Aquatics Center. The original 2022 partnership was specifically intended to provide space for recreation, social welfare, community improvement and public assembly.
The facility continues to be actively used. During the most recent 12-month period for which detailed transaction records were reviewed, July 2025 through June 2026, the Unity Center had 31 individual rental reservations, or approximately 2.6 rentals per month. These rentals included individual residents as well as community, cultural and recreational organizations. During the same period, approximately $23,118 in facility-related transactions were generated, including $19,740 in revenue applicable toward reimbursement of MHMA's improvement advance.
In addition to community rentals, the existing agreement provides the City up to 150 hours of annual use without rental fees. That access has supported recurring City programs and events and remains an important consideration as staff evaluates future options for the facility.
Change in Ownership of the Land
In March 2024, MHMA acquired the underlying property from MHD. In anticipation of the sale, the District executed an Estoppel Certificate acknowledging MHMA as the purchaser and confirming the existing Ground Lease. At that time, the District confirmed that rent had been paid through March 2024.
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Mountain House Page 190 of 269 The sale of the land did not change ownership of the Unity Center building. MHMA became the City's landlord under the existing Ground Lease, while the City continued to own the building. As a result, MHMA now owns the land and the City owns the building sitting on it.
This split ownership becomes particularly important now because the Ground Lease expires November 10, 2026 and does not provide the City with an extension option. Under the existing lease, absent another agreement with MHMA, the City would be responsible for removing or demolishing the building and associated equipment at the end of the lease term.
Accordingly, the approaching lease expiration requires the City and MHMA to determine what happens next with both the building and the parties' continued use of the property.
DISCUSSION
With the Ground Lease and Property Management Agreement both approaching expiration, staff began discussions with MHMA regarding a potential path forward that recognizes the City's ownership of the building, MHMA's ownership of the land and investment in the facility, and the community benefit associated with continued access to the Unity Center.
Staff met with MHMA representatives in July to discuss two related concepts:
1. Continued City-MHMA Partnership – Through a Joint Use Agreement that would preserve predictable City access to the Unity Center while providing reciprocal use of certain City facilities for MHMA events.
2. Potential Transfer of Ownership – A potential transfer of the City-owned Unity Center building to MHMA, subject to valuation, legal review and future City Council approval.
These discussions remain preliminary. No transfer price or other transaction terms have been agreed upon, and no decision has been made regarding future ownership of the building.
Potential Joint Use Agreement
The preliminary framework contemplates approximately 120 to 150 hours of City use of the Unity Center annually, generally preserving the level of access available to the City under the existing agreement.
Anticipated uses include the Holiday Pancake Breakfast, Youth Advisory Council summer activities, and senior programs.
In exchange, the City would provide MHMA with use of City park space and related support for two annual Eid celebrations. Preliminary discussions have included parking accommodations, appropriate public safety support, and routine parks maintenance associated with those events. Uses outside of the agreedupon events would remain subject to each organization's applicable rental fees and policies. The July framework also contemplated an initial two-year term with two optional one-year extensions.
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Mountain House Page 191 of 269 Continued access to the Unity Center would not replace the future Community and Aquatics Center currently under design. Rather, it could provide additional flexibility for recurring programs and smaller activities that can appropriately remain at the Unity Center while preserving capacity at the future facility.
Future Ownership and Use Options
Because the City owns the building but not the land underneath it, the current arrangement cannot simply continue after the Ground Lease expires without a new agreement with MHMA. Staff is therefore evaluating the practical alternatives available to the City.
These generally include:
1. Continue City Ownership – Negotiate a new arrangement with MHMA that would allow the City to continue owning the Unity Center building while occupying MHMA-owned land.
2. Remove the City-Owned Building – Remove or demolish the Unity Center building as contemplated by the existing Ground Lease.
3. Transfer the Building and Preserve City Access – Transfer ownership of the building to MHMA in conjunction with a longer-term Joint Use Agreement that would preserve defined City access to the facility.
Of these options, staff is continuing to evaluate whether transferring the building to MHMA, coupled with continued City access through a Joint Use Agreement, could provide a practical and cost-effective alternative to removing or demolishing the building when the Ground Lease expires.
In evaluating this option, staff is considering the physical value and condition of the building, the parties' respective investments in the facility, the community benefit provided during the existing agreement, MHMA's remaining unreimbursed improvement advance, the City's potential cost to remove the building, and the value of securing continued City access.
Staff has not selected a preferred option, and no decision regarding the future ownership of the building is being requested from Council at this time.
Financial Reconciliation
As part of this review, staff has substantially completed a reconciliation of the financial history associated with the Unity Center. There are two separate financial matters being addressed:
1. MHMA Improvement Advance – Reimbursement of the $300,000 MHMA advanced toward improvements to the Unity Center.
2. Ground Lease Payments – Outstanding rent owed by the City to MHMA for the land on which the City-owned building sits.
Item 9.1
Mountain House Page 192 of 269 Under the 2022 Property Management Agreement, MHMA advanced $300,000 toward improvements and other capital costs associated with preparing the Unity Center for community use. The agreement provides that 100 percent of Effective Gross Income generated by the facility is to be reimbursed to MHMA until the full advance is repaid. Only after full reimbursement would the agreement's revenuesharing provisions take effect.
Through June 30, 2026, approximately $113,641 in Unity Center revenue had been generated and was applicable toward repayment of the advance. Approximately $93,901 has already been paid to MHMA, and another $19,740 is currently being processed. After recognizing all revenue generated through June 2026, approximately $186,359 of MHMA's original $300,000 advance remains unreimbursed.
Separately, staff identified approximately $32,500 in outstanding ground lease payments owed to MHMA through August 2026. When combined with the $19,740 reimbursement currently being processed, approximately $52,240 in currently identified payments remain to be made to MHMA.
Based on historical facility revenue and the limited time remaining under the existing agreement, the $300,000 improvement advance will not be fully reimbursed from facility revenue before the agreement expires. The remaining unreimbursed investment is one of the factors staff believes should be considered when evaluating the parties' overall financial positions and any potential future transaction.
Improvement Advance Reconciliation
Improvement Advance Amount
Original MHMA Improvement Advance $300,000.00
Facility Revenue Reimbursement Already Paid Through August 2025 ($93,900.94) Facility Revenue Reimbursement Currently Being Processed Through June 2026 ($19,740.00) Remaining Unreimbursed Improvement Advance $186,359.06
Current Payments to MHMA
Current Payment Amount
Facility Revenue Reimbursement Currently Being Processed Through June 2026 $19,740.00 Outstanding Ground Lease Payments Through August 2026 $32,500.00 Current Payments Remaining to Be Made $52,240.00
Staff is continuing to work cooperatively with MHMA to review the accounting and confirm that both parties agree on the reconciliation before any transaction is brought forward for Council consideration.
FISCAL IMPACT
Item 9.1
Mountain House Page 193 of 269 There is no immediate fiscal impact associated with this discussion item.
The fiscal impacts associated with the options being evaluated are still being determined. These include the value of the City-owned building, potential removal or demolition costs, resolution of outstanding financial matters under the existing agreements, and the value and cost of any proposed Joint Use Agreement.
No value has yet been assigned to the City-owned building, the potential cost of removal or demolition, or the value of future reciprocal facility use. The complete fiscal impact will be presented when the matter returns to City Council for formal consideration.
STRATEGIC PLAN
This item supports the City's Strategic Plan, adopted April 9, 2025, by promoting responsible stewardship of City resources, strengthening community partnerships, and exploring opportunities to maintain access to facilities that support community programs and services.
CEQA
The City Council's receipt of this informational report and provision of feedback does not constitute approval of a project.
ACTION FOLLOWING CITY COUNCIL APPROVAL
There is no approval being requested as part of this item.
Based on Council feedback, staff will continue working with MHMA and the City Attorney's Office to complete the financial reconciliation, evaluate the building and removal costs, refine the Joint Use Agreement framework, and evaluate the terms and legal requirements associated with any potential transfer.
Any proposed transfer of the building or Joint Use Agreement would return to the City Council as a separate action item for consideration.
ATTACHMENTS
Attachment A – 2024 Estoppel Certificate and Ground Lease Item 9.1
Mountain House Page 194 of 269 Attachment B – November 9, 2022 Board Staff Report on MHMA Property Management Agreement Attachment C – Existing Property Management Agreement
Attachment D – Preliminary Joint Use Agreement Framework Item 9.1
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ESTOPPEL CERTIFICATE
(Mountain House CSD to Mountain House Muslim Association) The undersigned, Mountain House Community Services District, a political subdivision of the State of California (“Tenant”), hereby represents and certifies to Mountain House Muslim Association, a California non-profit corporation (“Purchaser”), that the following statements set forth below in this Estoppel Certificate (this “Certificate”) are true and correct as of the date hereof:
Tenant is the tenant under that certain Ground Lease dated November 10, 2021, between Tenant and Mountain House Developers, LLC, a Delaware limited liability company (“Landlord”), as landlord (the “Lease”). Pursuant to the Lease Agreement, Landlord has leased approximately 62,207 square feet of real property located in Mountain House, San Joaquin County, California (the “Premises”), as more particularly described in the Lease. Capitalized terms used but not defined herein shall have the meanings ascribed such terms in the Lease.
A true, correct, and complete copy of the Lease is attached hereto as Exhibit A. The Lease constitutes the entire agreement between Tenant and Landlord concerning the Premises, and there are no other agreements, written or oral, between Tenant and Landlord relating thereto.
The term of the Lease has commenced pursuant to its terms and is in full force and effect.
The initial term of the Lease commenced on November 10, 2021 (the “Commencement Date”) and is scheduled to expire on November 10, 2026. Tenant has no option to extend the term of the Lease.
Tenant is presently obligated to pay Landlord rent equal to $1,250 per month. In addition, Tenant is obligated to pay all property taxes, utilities, and other charges as more particularly set forth in the Lease.
Tenant has paid the above-described rent through and including the month of March 2024, and no such fees have been paid for more than one (1) month in advance.
There are no existing or claimed conditions which constitute, or with the giving of written notice, the passage of time or both would constitute, a breach or default on the part of Tenant or Landlord under the terms of the Lease.
[Signatures to follow]
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Each individual executing this Certificate on behalf of Tenant represents and warrants that he or she is duly authorized to execute and deliver this Certificate on behalf of Tenant.
TENANT:
Mountain House Community Services District,
a political subdivision of the State of California
By:
Steven J. Pinkerton
Its: General Manager
Date: _____________________
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EXHIBIT A
-3-
EXHIBIT A
THE LEASE
[attached]
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GROUND LEASE
Lease Effective
Date a Delaware limited liability company,
a political
subdivision of the State of California,
ARTICLE 1. BASIC LEASE PROVISIONS
Basic Lease Provisions
collective terms, the application of which shall be governed by the provisions in the remaining Articles of this Lease.
1. Land: Landlord owns that certain parcel of real estate comprised of approximately 7.06 acres Land
on Exhibit A attached hereto and made a part hereof.
2. Premises: The Premises shall consist of that certain portion of the Land containing approximately 62,207 square feet and more particularly described in the attached Exhibit B, including, without limitation (i) all of the improvements on the Premises, including all buildings, structures, systems, facilities, landscaping and hardscaping and fixtures located on the Premises, and (ii) that certain Building Exhibit C Premises
3. Use of Premises: Any lawful purpose in compliance with (i) all Applicable Laws (as defined below), (ii) all current use and occupancy regulations of the Building and Parking Areas, and (iii)
4. Estimated Commencement Date: November 10, 2021
5. Actual Commencement Date Term
Commencement Date
fined).
6. Lease Term: Five (5) years
7. Basic Rent: Fifteen thousand dollars ($15,000.00) a year, payable in twelve (12) equal monthly installments of one thousand two hundred fifty dollars ($1,250.00).
8. Utilities: Tenant shall be solely responsible to pay for any all utilities and services furnished to or used at the Premises, including, without limitation, any utility hookup charges.
9. Address for Payments and Notices:
LANDLORD TENANT
Payment Address:
Mountain House Developers, LLC
6540 Lonetree Boulevard, Suite 200
Rocklin, CA 95765
Attn: Peter Bridges
Payment and Notice Address:
Mountain House Community Services District
251 East Main Street
Mountain House, CA 95391
Attn: General Manager
Notice Address:
Mountain House Developers, LLC
c/o The Resmark Companies
9160 Irvine Center Drive, Suite 100
Irvine, CA 92618
Attn: James Duffy
Facsimile: (949) 398-2066
Email: [email protected]
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10. List of Lease Exhibits (all exhibits, riders and addenda attached to this Lease are hereby incorporated into and made a part of this Lease):
Exhibit A Description of the Land
Exhibit B Description of the Premises
Exhibit C Depiction of Premises (Building, Licensed Property) Exhibit D License Agreement
Exhibit E Bill of Sale
Exhibit F
Exhibit G
Exhibit H Rules and Regulations
Exhibit I Parking
ARTICLE 2. PREMISES
2.1 LEASED PREMISES. As of the Commencement Date, Landlord leases to Tenant and Tenant leases from Landlord the Premises on the terms and conditions set forth in this Lease.
2.2 ACCEPTANCE OF PREMISES. Tenant acknowledges that Tenant has been in possession of the Premises prior to the Effective Date pursuant to the terms, covenants and conditions of that certain Lease dated as of January 24, 2014, by and between Landlord (as successor-in-interest to Shea Mountain House, LLC, a Delaware limited liability company) and Tenant, as amended by that certain First Amendment to Lease dated as of June 10, 2019. Tenant has made a thorough, independent examination thoroughly familiar with all aspects of the Premises and is satisfied that they are in an acceptable Tenant acknowledges that neither Landlord nor any representative of Landlord has made any representation or warranty with respect to the Premises or Land or the suitability or fitness of either for any purpose, except as set forth in this Lease. The use of the Premises by Tenant for any purpose shall conclusively establish that the Premises was in satisfactory condition and in conformity with the provisions of this Lease in all respects. Tenant has satisfied itself as to such suitability and other pertinent matte
determining whether to enter into this Lease. Nothing contained in this Section 2.2 shall affect the commencement of the Term or the obligation of Tenant to pay rent.
2.3 PARKING. Tenant shall have the right to use, at no additional cost, all of the parking spaces located in the parking areas of the Premises (the "Parking Area regulations attached hereto as Exhibit I. Other than the temporary staging and storage of Tenant's inventory, products, and other non-hazardous materials being delivered to the Premises, Tenant shall not store any materials or equipment on any exterior areas of the Premises without the prior written consent of Landlord. Tenant shall not make any use of the Parking Area that reduces the number of available parking spaces. Tenant shall not permit any employee vehicles to be parked on any adjacent property or public streets.
2.4 ACCESS. As of the Effective Date, Landlord and Tenant shall enter into that certain License Agreement, in the form attached hereto as Exhibit D License Agreement the License Agreement) for access to the Premises over and through certain real property owned by Landlord, and located adjacent to the Premises, in the areas specifically depicted on Exhibit C. Such use and access shall be in common with Landlord and with all others for whose convenience and use may be provided by Landlord.
2.5 . Landlord hereby reserves the right, at all
reasonable times and, following reasonable advance notice to Tenant (except in the event of an emergency, in which case Landlord shall attempt such notice as is possible under the circumstances), to enter and to permit any governmental entities, public or private utilities, financial advisors, consultants and appraisers, and any other persons or entities authorized by Landlord to enter upon the Premises for the purposes of the following: (i) inspecting the same; (ii) inspecting the performance by Tenant of the terms, covenants, agreements and conditions of this Lease; (iii) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair; (iv) testing, monitoring, sampling
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or any other work contemplated by this Lease or required by Applicable Laws (or permitting third parties to perform the same); (v) installing, using, operating, maintaining, removing, relocating and replacing (A) underground wells and pipes, (B) water, oil, gas, steam, storm sewer, sanitary sewer and other pipe lines, and (C) telephone, electric, power and other lines, conduits, and facilities; (vi) flood control; (vii) maintenance of rights of way; (viii) remediation of hazardous substances in, on, or under, the Premises or any other property in the neighborhood of the Premises; and (ix) any other reason permitted under this Lease.
(a)
under this Section 2.3, Tenant hereby waives and releases Landlord from any claims, liabilities, damages Landlord under, or granted to Landlord pursuant to this Section 2.3, including without limitation, any or quiet enjoyment of the Premises. In no event shall Tenant be entitled to terminate this Lease as a (b) Landlord hereby reserves the right to grant or relocate all easements and rights of rights to use the Premises are not materially impeded. Tenant shall cooperate with Landlord and promptly execute, acknowledge and deliver any documents or instruments reasonably requested by Landlord in connection with memorializing such easements.
2.6 OWNERSHIP OF THE BUILDING. On the Effective Date, Tenant shall purchase the Building asTenant the Bill of Sale in substantially the form attached hereto as Exhibit E with respect to the Building.
Upon the Expiration Date or earlier termination of this Lease, Tenant, a shall demolish or remove the Building and all associated equipment from the Premises, and surrender the Premises to Landlord in accordance with the terms and conditions of this Lease.
ARTICLE 3. TERM
3.1 GENERAL. The term of this Leas Term
Basic Lease Provisions. Commencement Date
. Landlord shall perform, at its sole cost and
expense, the improvements described on Exhibit F .
3.2 DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent or for the performance of any other obligations until Landlord delivers possession of the Premises and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee d Landlord shall be entitled to full
performance by Tenant (including the payment of rent), as of the date Landlord would have been able ARTICLE 4. RENT AND SECURITY DEPOSIT
4.1 BASIC RENT. From and after the Commencement Date, Tenant shall pay to Landlord without deduction or offset a Basic Rent for the Premises in the total amount shown (including subsequent adjustments, if any) in Item 7 of the Basic Lease Provision Basic Rent . If the Commencement Date is other than the first day of a calendar month, any rental adjustment shown in Item 7 shall be deemed to occur on the first day of the next calendar month following the specified monthly anniversary of the Commencement Date. The Basic Rent shall be due and payable in advance commencing on the Commencement Date and continuing thereafter on the first day of each successive calendar month of the Term, as prorated for any partial month. No demand, notice or invoice shall be
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required.
Lease.
4.2 ADDITIONAL RENT. All sums due from Tenant to Landlord or to any third party under the Additional Rent
obligations under this
Additional Rent that is payable to Landlord shall be paid at the time and place that Basic Rent is paid, unless otherwise specifically provided in this Lease. Landlord will have the same remedies for a default in the payment of any Additional Rent as for a default in the payment of Basic Rent. Together, Basic Rent and Additional Rent are sometimes collectively referred to in this Lease a Rent
4.3 LATE PAYMENT. Any Rent due under this Lease that is not paid to Landlord within 5 days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid and if any Rent due from Tenant shall not be 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest, a late charge for each delinquent payment equal to 5% of that delinquent payment.
ARTICLE 5. USES
5.1 USE. Tenant shall use the Premises only for the purposes stated in Item 2 of the Basic Lease Provisions and for no other use whatsoever. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Land, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance in the Premises or the Land. Tenant shall comply at its expense with all present and future laws, statutes, codes and ordinances, of all federal, state, county, municipal and other Applicable Laws
with all energy usage reporting requirements of Landlord.
5.2 SIGNS. Tenant may affix and maint
forth herein or such other name as Landlord may consent to in writing) on the entry door of the Building.
Tenant shall not place or allow to be placed any other sign, decoration or advertising matter of any kind that is visible from the exterior of the Building without the express written permission of the Landlord.
5.3 HAZARDOUS MATERIALS. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Land without the prior written consent of Landlord.
ARTICLE 6. NET LEASE; ADDITIONAL RENT
6.1 NET LEASE. The Rent due hereunder shall be absolutely net to Landlord and shall be paid without assertion of any counterclaim, offset, deduction or defense and without abatement, suspension, deferment or reduction. Landlord shall not be expected or required under any circumstances or conditions whatsoever, whether now existing or hereafter arising, and whether now known or unknown to the parties, to make any payment of any kind whatsoever with respect to the Premises or be under any obligation or liability hereunder, except if and solely to the extent expressly so provided in this Lease.
6.2 TAXES. Tenant shall pay, as Additional Rent under this Lease, to the relevant authority, entity, or directly to Landlord (as applicable) in lawful money of the United States, without offset or deduction, prior to delinquency, all personal property taxes imposed upon the Building, improvements, fixtures, machinery, equipment, apparatus, systems and equipment, appurtenances, furniture and other personal property of Tenant used in connection with the Premises (collectively, "Taxes"). Tenant shall obtain and deliver to Landlord, promptly upon request therefor, satisfactory evidence of payment of all Taxes. Any Taxes relating to a fiscal period of any taxing authority, only a part of which period is included within the Term, shall be prorated as between Landlord and Tenant so that Landlord shall pay the portion thereof attributable to any period outside the Term, and Tenant shall pay the portion thereof attributable to any period within the Term.
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6.3 UTILITIES. Tenant shall be solely responsible for and shall make all arrangements for all utilities and services furnished to or used at the Premises, including, without limitation, all water, gas, electricity (including all exterior electricity and Parking Area lighting), telephone, telecommunications and other electronic communication services or systems, landscaping, sewer service, waste pick-up, janitorial and any other materials, utilities and services.
ARTICLE 7. REPAIRS AND MAINTENANCE
7.1 . Except as expressly provided in this Lease, Landlord shall not be required to maintain or repair the Premises of furnish any services, facilities or utilities to the Premises or Tenant.
7.2 . Tenant assumes full responsibility for the condition, repair, replacement and maintenance of the Premises, including, without limitation, the exterior of the Building, roof, Parking Area, landscaping, and the Building structure, and all air conditioning, electricity (including all exterior lighting and Parking Area lighting), water, heating, ventilating, mechanical, lighting, and all other utilities and mechanical systems. Tenant at its sole expense shall maintain and make all repairs necessary to keep the Premises, the Building and all improvements and fixtures therein in good condition and repair.
7.3 NO ABATEMENT. There shall be no abatement of rent and no liability of Landlord by reason of any injury
alterations or improvements to any portion of the Land, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the California Civil Code, or any similar or successor laws now or hereafter in effect.
7.4 ALTERATIONS. Tenant shall make no alterations, additions, or improvements (collectively referred to as Alterations . Landlord
may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall be responsible for paying any increase in taxes as a result of any Alterations.
7.5 . Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within 15 days following the imposition of any lien, cause the lien to be released of record by payment or posting of a proper bond in accordance with California Civil Code Section 8424 or any successor statute, Landlord shall have, in addition to all other available remedies, the right to cause the lien to be released by any means it deems proper, including payment of or defense against the claim giving rise to the lien. All expenses so incurred by Landlord shall be reimbursed by Tenant promptly . Tenant shall give Landlord no less than 20
before commencing construction of any kind on the Premises.
7.6 ENTRY AND INSPECTION. Landlord shall at all reasonable times and with reasonable prior verbal notice, except in emergencies, have the right to enter the Premises to inspect them, to supply services in accordance with this Lease, to make repairs and renovations as reasonably deemed necessary by Landlord, and to submit the Premises to prospective or actual purchasers or encumbrance holders (or, during the final twelve months of the Term or when an uncured Default exists, to prospective tenants), all without being deemed to have caused an eviction of Tenant and without abatement of rent except as provided elsewhere in this Lease.
ARTICLE 8. ASSIGNMENT AND SUBLETTING
8.1 RIGHTS OF PARTIES. Tenant shall not, directly or indirectly, assign, sublease, transfer or encumber any interest in this Lease or allow any third party to use any portion of the Premises Transfer
shall not be unreasonably withheld if Landlord does not exercise its recapture rights. Within 30 days after receipt of executed copies of the transfer documentation and such other information as Landlord may request, Landlord shall either: (a) consent to the Transfer by execution of a consent agreement in a
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form reasonably designated by Landlord; (b) refuse to consent to the Transfer; or (c) recapture the portion of the Premises that Tenant is proposing to Transfer. (a) No sublease or assignment by Tenant nor any consent by Landlord thereto shall relieve Tenant of any obligation to be performed by Tenant under this Lease. Any sublease or assignment that is not in compliance with this Article shall be null and void and, at the option of Landlord, shall constitute an event of Default by Tenant under this Lease, and Landlord shall be entitled to pursue any right or remedy available to Landlord under the terms of this Lease or under the laws of the State of California. The acceptance of any Rent or other payments by Landlord from a proposed transferee shall not constitute consent to such sublease or assignment by Landlord or a recognition of any transferee, or a waiver by Landlord of any failure of Tenant or other transferor to comply with this Article. (b) Any transferee shall, from and after the effective date of the assignment, assume all obligations of Tenant under this Lease with respect to the transferred space and shall be and remain liable jointly and severally with Tenant for the payment of Basic Rent and Additional Rent, and for the performance of all of the terms, covenants, conditions and agreements herein contained on Tenant's part to be performed for the Term. No assignment shall be binding on Landlord unless Tenant delivers to Landlord a counterpart of the assignment and an instrument that contains a covenant of assumption reasonably satisfactory in substance and form to Landlord, and consistent with the requirements of this Section.
(c)
requested Transfer. Tenant shall pay Landlord, as additional Rent, 50% of all rent and other consideration which Tenant receives as a result of a Transfer that is in excess of the Rent payable to Landlord for the portion of the Premises and Term covered by the Transfer. If Tenant is in Default, Landlord may require that all sublease payments be made directly to Landlord, in which case Tenant shall receive a credit against Rent in the amount of Tenants share of payments received by Landlord.
ARTICLE 9. INSURANCE AND INDEMNITY
9.1 . Tenant, at its sole cost and expense, shall provide and maintain in effect the insurance described in Exhibit G. Evidence of that insurance must be delivered to Landlord prior to the Commencement Date.
9.2 . To the fullest extent permitted by law, but subject to Section 9.4 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either b
(ii) from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the performed under this Lease, (iv) the condition of the Premises, and any occurrence on the Premises during the term of this Lease (including injury to or death of any person, or damage to property) from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Landlord, or (v) from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees.
defense in any action covered by this Section 9.2 through counsel reasonably satisfactory to Landlord.
Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the negligence of Landlord, its agents, contractors or employees.
9.3 LANDLO . Landlord shall not be liable to Tenant, its employees, agents and invitees, and Tenant hereby waives all claims against Landlord, its employees and agents for loss of or damage to any property, or any injury to any person, resulting from any condition including, but not limited to, acts or omissions (criminal or otherwise) of third parties and/or other tenants of the Land, or their agents, employees or invitees, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Premises or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Premises, whether the damage or injury results from conditions arising in the Premises or in other portions of the Land, except where caused by the negligence of Landlord, its agents
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or any and all affiliates of Landlord in connection with the foregoing. Notwithstanding anything to the opportunity costs), or for interference with light or other similar intangible interests.
9.4 WAIVER OF SUBROGATION. Landlord and Tenant each hereby waives all rights of recovery against the other on account of loss and damage occasioned to the property of such waiving party to the extent that the waiving party is entitled to proceeds for such loss and damage under any property insurance policies carried or otherwise required to be carried by this Lease; provided however, to pay deductibles under
any such policies and this Lease.
ARTICLE 10. DAMAGE OR DESTRUCTION
If the Premises are damaged or destroyed, whether partially or totally, and whether or not the damage or destruction was caused by an event required to be covered by insurance, this Lease shall continue in full force and effect. Tenant shall give Landlord immediate notice of any such damage or destruction. Tenant's obligations to pay rent and other charges due under this Lease shall continue notwithstanding any damage or destruction of the Premises. Notwithstanding the foregoing, if any such damage or destruction occurs in the last six (6) months of the Term, and such damage has a material adverse impact on Tenant's business operations at the Premises, then in such event Tenant may, at its option, upon written notice to Landlord to be delivered within fifteen (15) days after the date such casualty, elect to terminate this Lease as of the date of the occurrence of such damage or destruction.
Tenant agrees that the provisions of this Lease, including without limitation Section 10, shall govern any damage or destruction and shall accordingly supersede any contrary statute or rule of law.
ARTICLE 11. EMINENT DOMAIN
Either party may terminate this Lease if any material part of the Premises is taken or condemned for any public or quasi-public use under Law, by eminent domain or private purchase in lieu thereof (a Taking
to, or vesting legal title in, the condemning authority. All compensation awarded for a Taking shall be the property of Landlord. Tenant agrees that the provisions of this Lease shall govern any Taking and shall accordingly supersede any contrary statute or rule of law.
ARTICLE 12. SUBORDINATION; ESTOPPEL CERTIFICATE
12.1 SUBORDINATION. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises or the Land, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a Mortgage . Mortgagee. This
clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination and attornment agreement in favor of the Mortgagee, provided such agreement provides a non-disturbance covenant benefitting Tenant. Alternatively, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, Tenant, without any mortgage. Tenant agrees that any purchaser at a foreclosure sale or lender taking title under a deed in lieu of foreclosure shall not be responsible for any act or omission of a prior landlord, shall not be subject to any offsets or defenses Tenant may have against a prior landlord, and shall not be liable for the return of the Security Deposit not actually recovered by such purchaser nor bound by any rent paid in advance of the calendar month in which the transfer of title occurred; provided that the foregoing shall not release the applicable prior landlord from any liability for those obligations. Tenant -in-interest are intended third party
beneficiaries of this Section 12.1.
12.2 ESTOPPEL CERTIFICATE. Tenant shall, within 10 days after receipt of a written request from Landlord, execute and deliver a commercially reasonable estoppel certificate in favor of those parties as are reasonably requested by Landlord (including a Mortgagee or a prospective purchaser of the Land).
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ARTICLE 13. DEFAULTS AND REMEDIES
13.1 . In addition to any other event of default set forth in this Lease, the Default
(a) The failure by Tenant to make any payment of Rent required to be made by Tenant, as and when due, where the failure continues for a period of ten (10) days after written notice from Landlord to Tenant.
and all other sums required to be paid by Tenant to Landlord pursuant to the terms of this Lease. (b)
performance in this Lease (in which event the failure to perform by Tenant within such time period shall be a Default), the failure or inability by Tenant to observe or perform any of the covenants or provisions of this Lease to be observed or performed by Tenant, other than as specified in any other subsection of this Section 13.1, where the failure continues for a period of thirty (30) days after written notice from Landlord to Ten
(30) days are required for its performance, then Tenant shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.
The notice periods provided herein are in lieu of, and not in addition to, any notice periods provided by law, and Landlord shall not be required to give any additional notice under California Code of Civil Procedure Section 1161, or any successor statute, in order to be entitled to commence an unlawful detainer proceeding.
13.2 .
(a) Upon the occurrence of any Default by Tenant, then in addition to any other remedies available to Landlord, Landlord may exercise the following remedies:
(i)
any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. Such termination shall not affect any accrued obligations of Tenant under this Lease. Upon termination, Landlord shall have the right to reenter the Premises and remove all persons and property. Landlord shall also be entitled to recover from Tenant:
(1) The worth at the time of award of the unpaid Rent which had been earned at the time of termination;
(2) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such loss that Tenant proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such loss that Tenant proves could be reasonably avoided;
(4) Any other amount necessary to compensate Landlord for all the including, but not limited
to, the cost of recovering possession of the Premises, commissions and other expenses of reletting, including necessary repair, renovation, improvement and alteration of the Premises for a new tenant, and any other reasonable costs; and
(5)
the foregoing as may be permitted by law. Any sum, other than Basic Rent, shall be computed on the basis of the average monthly amount accruing during the 24-month period immediately prior to Default, except that if it becomes necessary to compute such rental before the 24 month period has occurred, then the computation shall be on the basis of the average monthly amount during the shorter period.
As used in subparagraphs
allowing interest at the rate of 10% per annum. As used in subparagraph
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at the discount rate of the Federal Reserve
Bank of San Francisco at the time of award plus 1%.
(ii) Employ the remedy described in California Civil Code § 1951.4 (Landlord t as it
becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). (b) The various rights and remedies reserved to Landlord in this Lease or otherwise shall be cumulative and, except as otherwise provided by California law, Landlord may pursue any or all of its rights and remedies at the same time. No delay or omission of Landlord to exercise any right or remedy shall be construed as a waiver of the right or remedy or of any breach or Default by Tenant. The acceptance by Landlord of rent shall not be a (i) waiver of any preceding breach or Default by Tenant of any provision of this Lease, other than the failure of Tenant to pay the particular rent accepted, fault at the time of acceptance of rent,
or (ii)
or Default. No payment by Tenant or receipt by Landlord of a lesser amount than the rent required by this Lease shall be deemed to be other than a partial payment on account of the earliest due stipulated rent, nor shall any endorsement or statement on any check or letter be deemed an accord and satisfaction and Landlord shall accept the check or payment without recover the balance of the rent or pursue any other remedy available to it. Tenant hereby waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Section 1174 or 1179, or under any successor statute, in the event this Lease is terminated by reason of any Default by Tenant.
acceptance of a surrender of the Premises, and no agreement to accept a surrender shall be valid unless in writing and signed by Landlord.
13.3 DEFAULT BY LANDLORD. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within 30 days after written notice by Tenant to Landlord specifying in reasonable detail the nature and than 30 days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the 30 day period and thereafter diligently pursues the cure to completion.
13.4 EXPENSES AND LEGAL FEES. Should either Landlord or Tenant bring any action in connection with this Lease, the prevailing party shall be entitled to recover as a part of the action its . The prevailing party for the purpose of this
paragraph shall be determined by the trier of the facts.
13.5 WAIVER OF JURY TRIAL/JUDICIAL REFERENCE.
(a) LANDLORD AND TENANT EACH ACKNOWLEDGES THAT IT IS AWARE OF AND HAS
HAD THE ADVICE OF COUNSEL OF ITS CHOICE WITH RESPECT TO ITS RIGHT TO TRIAL BY JURY, AND
EACH PARTY DOES HEREBY EXPRESSLY AND KNOWINGLY WAIVE AND RELEASE ALL SUCH RIGHTS TO
TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY HERETO
AGAINST THE OTHER (AND/OR AGAINST ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR
SUBSIDIARY OR AFFILIATED ENTITIES) ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY CLAIM OF INJURY OR DAMAGE.
(b) In the event that the jury waiver provisions of Section 13.5 (a) are not enforceable under California law, then, unless otherwise agreed to by the parties, the provisions of this Section 13.5 (b) shall apply. Landlord and Tenant agree that any disputes arising in connection with this Lease (including but not limited to a determination of any and all of the issues in such dispute, whether of fact or of law) shall be resolved (and a decision shall be rendered) by way of a general reference as provided for in Part 2, Title 8, Chapter 6 (§§ 638 et. seq.) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court appointed referee. Nothing within this Section 13.5 shall apply to an unlawful detainer action.
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13.6 SATISFACTION OF JUDGMENT. The obligations of Landlord do not constitute the personal obligations of the individual partners, trustees, directors, officers, members or shareholders of Landlord or its constituent partners or members. Should Tenant recover a money judgment against Landlord, such judgment shall be satisfied only from the interest of Landlord in the Land and out of the rent or other income from such property receivable by Landlord, and no action for any deficiency may be sought or obtained by Tenant.
ARTICLE 14. END OF TERM
14.1 HOLDING OVER. If Tenant holds over for any period after the Expiration Date (or earlier termination of the Term), such tenancy shall constitute a tenancy at sufferance only and possession shall be subject to all of the terms of this Lease, except that during such holdover, the monthly rental shall be 150% of the total monthly rental for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of . If Tenant
fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section -entry or any other rights of
Landlord under this Lease or at law.
14.2 SURRENDER OF PREMISES; REMOVAL OF BUILDING. Upon the Expiration Date or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order, condition and repair as when received or as hereafter may be improved by Landlord or Tenant, subject to reasonable wear and tear; provided, however, Tenant shall demolish or remove the Building and all associated equipment, including, without limitation, all heating, ventilation and air conditioning systems, ramps, steps, hardware and other support facilities, from the Premises, together with all personal property and debris. If Tenant shall fail to comply with the provisions of this Section 14.2, Landlord may effect the demolition and removal and/or make any repairs, and the cost to Landlord shall be Additional Rent payable by Tenant upon demand.
ARTICLE 15. PAYMENTS AND NOTICES
All sums payable by Tenant to Landlord shall be paid, without deduction or offset, in lawful money of the United States to Landlord at its address set forth in the Basic Lease Provisions, or at any other place as Landlord may designate in writing. Unless this Lease expressly provides otherwise, all payments shall be due and payable within 5 days after demand. All payments requiring proration shall be prorated on the basis of the number of days in the pertinent calendar month or year, as applicable.
Any notice, election, demand, consent or approval to be given or other document to be delivered by either party to the other may be delivered to the other party, at the address set forth in Item 10 of the Either party may, by written notice to the other, served in the manner provided in this Article, designate a different address. The refusal to accept delivery of a notice, or the inability to deliver the notice (whether due to a change of address for which notice was not duly given or other good reason), shall be deemed delivery and receipt of the notice as of the date of attempted delivery.
ARTICLE 16. RULES AND REGULATIONS
Tenant agrees to comply with the Rules and Regulations attached as Exhibit H, and any reasonable and nondiscriminatory amendments, modifications and/or additions as may be adopted by Landlord from time to time.
ARTICLE 17.
Tenant agrees to indemnify and hold Landlord harmless from any cost, expense or liability ees) for any compensation, commissions or charges claimed by any real estate broker or agent employed or claiming to represent or to have been employed by Tenant in connection with the negotiation of this Lease. Landlord agrees to indemnify and hold Tenant harmless
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commissions or charges claimed by any real estate broker or agent employed or claiming to represent or to have been employed by Landlord in connection with the negotiation of this Lease.
ARTICLE 18.
Landlord shall have the right to transfer and assign, in whole or in part, all of its ownership interest, rights and obligations in the Land or Lease, including the Security Deposit, and upon transfer Landlord shall be released from any further obligations hereunder, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligations and the return of any Security Deposit.
ARTICLE 19. Covenants Run With Land
19.1 (a) The agreements, covenants and conditions in this Lease contained are and shall be deemed to be covenants running with the land and the reversion and shall be binding upon and shall inure to the benefit of Landlord and Tenant and their respective successors and assigns and all subsequent Landlords and Tenants respectively hereunder.
19.2 include successors and assigns of Tenant or Landlord, respectively, without specific mention of such successors or assigns.
ARTICLE 20. INTERPRETATION
20.1 NUMBER.
the plural as well as the singular.
20.2 JOINT AND SEVERAL LIABILITY. If more than one person or entity is named as Tenant, the obligations imposed upon each shall be joint and several and the act of or notice from, or notice or refund to, or the signature of, any one or more of them shall be binding on all of them with respect to the tenancy of this Lease, including, but not limited to, any renewal, extension, termination or modification of this Lease.
20.3 SUCCESSORS. The expiration of the Term, whether by lapse of time, termination or otherwise, shall not relieve either party of any obligations which accrued prior to or which may continue to accrue after the expiration or termination of this Lease.
20.4 TIME OF ESSENCE. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor.
20.5 CONTROLLING LAW/VENUE. This Lease shall be governed by and interpreted in accordance with the laws of the State of California.
20.6 SEVERABILITY. If any term or provision of this Lease, the deletion of which would not adversely affect the receipt of any material benefit by either party or the deletion of which is consented to by the party adversely affected, shall be held invalid or unenforceable to any extent, the remainder of this Lease shall not be affected and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
20.7 WAIVER. One or more waivers by Landlord or Tenant of any breach of any term, covenant or condition contained in this Lease shall not be a waiver of any subsequent breach of the same or any other term, covenant or condition. Consent to any act by one of the parties shall not be deemed to . No breach of this Lease
shall be deemed to have been waived unless the waiver is in a writing signed by the waiving party.
20.8 INABILITY TO PERFORM. If Landlord is unable to fulfill or is delayed in fulfilling any of Landlord's obligations under this Lease, by reason of acts of God, pandemic, accidents, breakage, repairs, strikes, lockouts, other labor disputes, inability to obtain utilities or materials or by any other reason beyond Landlord's reasonable control, then such inability or delay by Landlord shall excuse the performance of Landlord for a period equal to the duration of such prevention, delay or stoppage, and no such inability or delay by Landlord shall constitute an actual or constructive eviction, in whole or in
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part, or entitle Tenant to any abatement or diminution of Basic Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents by reason of inconvenience, annoyance, interruption, injury or loss to or interference with Tenant's business or use and occupancy or quiet enjoyment of the Premises or any loss or damage occasioned thereby. If Tenant is unable to fulfill or is delayed in fulfilling any of Tenant's obligations under this Lease (other than the payment of Rent), by reason of acts of God, pandemic, accidents, breakage, repairs, strikes, lockouts, other labor disputes, inability to obtain utilities or materials or by any other reason beyond Tenant's reasonable control, then such inability or delay by Tenant shall excuse the performance of Tenant for a period equal to the duration of such prevention, delay or stoppage; no such inability or delay shall entitle Tenant to any abatement or diminution of Basic Rent or Additional Rent. Tenant hereby waives and releases any right to terminate this Lease under Section 1932(1) of the California Civil Code, or any similar law, statute or ordinance now or hereafter in effect.
20.9 ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings related to the Premises. This Lease may be modified only by a written agreement signed by Landlord and Tenant.
20.10 QUIET ENJOYMENT. Upon the observance and performance of all the covenants, terms this Lease, Tenant shall have the right of quiet enjoyment and use of the Premises for the Term without hindrance or interruption by Landlord or any other person claiming by or through Landlord.
20.11 SURVIVAL. All covenants of Landlord or Tenant which reasonably would be intended to survive the expiration or sooner termination of this Lease, including without limitation any warranty or indemnity hereunder, shall so survive and continue to be binding upon and inure to the benefit of the respective parties and their successors and assigns.
ARTICLE 21. EXECUTION
21.1 COUNTERPARTS. This Lease may be executed in one or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement.
21.2 CORPORATE AND PARTNERSHIP AUTHORITY. Tenant represents and warrants to Landlord, and agrees, that each individual executing this Lease on behalf of Tenant is authorized to do so on behalf of Tenant.
21.3 EXECUTION OF LEASE; NO OPTION OR OFFER. The submission of this Lease to Tenant shall be for examination purposes only, and shall not constitute an offer to or option for Tenant to lease the Premises unless and until Landlord has executed and delivered this Lease to Tenant.
ARTICLE 22. MISCELLANEOUS
22.1 MORTGAGEE PROTECTION. No act or failure to act on the part of Landlord which would otherwise entitle Tenant to be relieved of its obligations hereunder or to terminate this Lease shall result in such a release or termination unless (a) Tenant has given notice by registered or certified mail to any Mortgagee of a Mortgage covering the Land whose address has been furnished to Tenant and (b) such Mortgagee is afforded a reasonable opportunity to cure the default by Landlord. Tenant shall comply with any written directions by any Mortgagee to pay Rent due hereunder directly to such Mortgagee
22.2 SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, Tenant Parties SDN
issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant.
22.3 ACCESS DISCLOSURE. Without limiting the foregoing provisions of this Article 4, in accordance with California Civil Code Section 1938, Landlord notifies Tenant that the Premises has not
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been inspected by a Certified Access Specialist (CASp). Landlord and Tenant agree and acknowledge, as required by California Civil Code Section 1938, the following:
the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within Landlord and Tenant agree and acknowledge that Tenant shall be solely responsible for the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.
22.4 COUNTERPARTS; ELECTRONIC SIGNATURES. This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto. Facsimile, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Lease, with such facsimile, scanned and electronic signatures having the same legal effect as original signatures. Landlord and Tenant agree that this Lease may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act, Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act and California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as such laws may be amended from time to time. Any document accepted, executed or agreed to in conformity with such laws will be binding on both Landlord and Tenant the same as if it were physically executed.
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LANDLORD:
Mountain House Developers, LLC,
a Delaware limited liability company
By: Land Management Company, LLC,
a California limited liability company
Its: Sole Member
By: Resmark Equity Partners VI, LLC,
a Delaware limited liability company
Its: Authorized Agent
By:
Peter Bridges, Authorized Signatory
TENANT:
Mountain House Community Services District,
a political subdivision of the State of California
By: _______________________
Name: Steven J. Pinkertson
Title: General Manager
Approved as to form:
By: _______________________
Name: John D. Bakker
Title: General Counsel
________________
_____________________
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Exhibits:
Exhibit A Description of the Land
Exhibit B Description of the Premises
Exhibit C Depiction of Premises (Building, Licensed Property) Exhibit D License Agreement
Exhibit E Bill of Sale
Exhibit F Work
Exhibit G
Exhibit H Rules and Regulations
Exhibit I Parking
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EXHIBIT A
DESCRIPTION OF LAND
REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
Parcel 14 of Tract Map 3925 recorded October 11, 2018, recorded in Book 43, Page 55-64 of Parcel Maps in the Official Records of San Joaquin County, California APN: 254-550-17
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EXHIBIT B
DESCRIPTION OF PREMISES
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EXHIBIT C
DEPICTION OF PREMISES (BUILDING, LICENSED PROPERTY)
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EXHIBIT D
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (the ) is made and entered into as of November 10, 2021 (the Effective Date
company ( ), and MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT, a political subdivision of the State of California ( ), in the following factual context:
A. Licensor, as landlord, and Licensee, as tenant, are current parties to that certain Ground Lease dated [November 10 Lease real
Premises
described in the Lease.
B. Land
San Joaquin County, California, which Land is more particularly described on Exhibit D1 attached hereto and made a part hereof.
C. Licensee desires to obtain from Licensor the right to enter and use a portion of Tradition Street located on the Land which is more particularly shown on the attached Exhibit D2 Licensed Area
such a license.
NOW THEREFORE, intending to be legally bound, the parties agree as follows:
1. and invitees a non-exclusive license over the Licensed Area for the Term (as defined below) for the purpose of vehicular ingress and egress across that portion of Tradition Street located on the Land as reasonably necessary to provide access to and from Main Street and the Parking Area located on the Premises.
2. License Term. This License shall be effective from the Commencement Date of the Lease and shall continue through the earlier to occur of (i) the expiration, or earlier termination, of the Term of Street (including the Licensed Area) for public use, on which date this License shall fully terminate and end (the ). Notwithstanding the foregoing, this License is revocable by Licensor at any time for Cause (as defined below).
3. Condition of Licensed Area. Licensee hereby accepts the Licen Land, and hereby assumes all risk of the condition thereof, including unanticipated conditions.
4. Assumption of Risk; Waiver; and Release. Licensee hereby covenants and agrees that Licensor shall not be liable or responsible for any claim, expense, cost, loss, injury, death or he Licensed Area. Licensee
agrees to pay at its sole cost and expense for all damage to the Licensed Area caused by Licensee or its directors, officers, agents, employees, contractors, representatives, property managers, and their respective successors an Licensee Parties
trustees, directors, officers, agents, employees, contractors, representatives, property managers, and Licensor Parties
may herea
release, Licensee, as indicated by its initial below, hereby waives any and all rights conferred upon it by the provisions of Section 1542 of the California Civil Code, which reads as follows:
know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or by the provisions of any similar statute.
Licensee: Mountain House Community Services District
The foregoing release and the provisions of this Section 6 shall survive the expiration or earlier termination of this License.
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5. Indemnity. The failure of Licensee to comply with the terms of this License shall be considered a breach of the Lease and shall be subject to all available remedies thereunder.
6. Compliance with Laws and Permits. Licensee agrees that it and all Licensee Parties shall laws, ordinances, rules and regulations of any governmental body or agency having jurisdiction over the Land and with the terms and conditions of all permits and approvals applicable thereto.
7. with any of the terms or provisions of this License, and Licensee fails to cure such default within thirty default, Licensor, at its option, without further notice or demand to Licensee, shall have all rights and remedies provided at law or in equity, including the right to terminate the License granted herein.
8. expense, that certain insurance as required pursuant to Exhibit F of the Lease, insuring Licensee and all Licensee Parties for the use of the Licensed Area.
9. or enforcement of this License (regardless of whether litigation is commenced between the parties), the prevailing party shall be entitled to receive from the non-prevailing party any and all of the costs and expenses incurred by the prevailing party in connection with the dispute, including, without limitation, re
10. Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California.
11. Entire Agreement/Interpretation. This License supersedes all prior discussions, agreements and understandings between the parties and constitutes the entire agreement between the parties with respect to the transaction contemplated herein. Any modification of this License or any additional obligations assumed by either party in connection with this License shall be binding only if
12. No Assignment. Licensee shall not, directly or indirectly, in whole or in part, voluntarily or by operation of law, sell, assign, encumber, pledge or otherwise transfer or hypothecate all or any portion of its interest in or rights with respect to this License without the prior written consent of Licensor, which consent Licensor may grant, condition or withhold in its sole and absolute discretion.
13. Notices. Any notice, consent or other communication required or permitted under this License shall be in the form and shall be delivered in accordance with the terms and conditions of the Lease.
14. No Joint Venture. The parties hereby acknowledge and agree that nothing herein shall be construed to constitute the parties as employer/employee, partners, joint venturers, co-owners or otherwise participants in a joint or common undertaking.
15. Time of the Essence. Time is hereby expressly declared to be of the essence of this License and of each and every term, covenant, agreement, condition and provision hereof. If any obligation under this License is due on a Saturday, Sunday or a federal or state holiday observed in the State of California, such obligation shall be due on the next succeeding business day.
16. Severability. If any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this License shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this License.
17. Counterparts. This License may be executed in more than one counterpart, each of which shall constitute an original of this License but all of which, taken together, shall constitute one and the same License. The parties acknowledge and agree that this License may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
electronically scanned and transmitted versions (e.g., via PDF, DocuSign or similar electronic signature technology).
[SIGNATURE ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this License Agreement effective as of the Effective Date.
LICENSOR:
Mountain House Developers, LLC,
a Delaware limited liability company
By: Land Management Company, LLC,
a California limited liability company
Its: Sole Member
By: Resmark Equity Partners VI, LLC,
a Delaware limited liability company
Its: Authorized Agent
By:
Peter Bridges, Authorized Signatory
LICENSEE:
Mountain House Community Services District,
a political subdivision of the State of California
By: _______________________
Name: Steven J. Pinkerton
Title: General Manager
Approved as to form:
By: _______________________
Name: John D. Bakker
Title: General Counsel
______________
________________
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EXHIBIT D1
LAND
REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
l 14 of
Tract Map 3925 recorded October 11, 2018, recorded in Book 43, Page 55-64 of Parcel Maps in the Official Records of San Joaquin County, California, as further depicted below:
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EXHIBIT D2
LICENSED AREA
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EXHIBIT E
BILL OF SALE
THIS BILL OF SALE, for One Dollar ($1.00) cash and other good and valuable consideration, receipt of which is hereby acknowledged, MOUNTAIN HOUSE DEVELOPERS, LLC, a Delaware limited liability company Seller MOUNTAIN HOUSE
COMMUNITY SERVICES DISTRICT Buyer
legal and beneficial right, title and interest in and to as defined in that certain Ground Lease dated as of November 10, 2021 between Seller, as Landlord, and Buyer, as Tenant, without warranty, express or implied.
Seller further hereby covenants to execute and deliver such further instrument(s) as Buyer may hereafter request to evidence or confirm any of the sales made herein, in such form as Buyer may the same valid and binding effect as an original signature.
Dated: November 10, 2021
Mountain House Developers, LLC,
a Delaware limited liability company
By: Land Management Company, LLC,
a California limited liability company
Its: Sole Member
By: Resmark Equity Partners VI, LLC,
a Delaware limited liability company
Its: Authorized Agent
By:
Peter Bridges, Authorized Signatory
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EXHIBIT F
RK
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EXHIBIT G
shall also cause any subtenant to comply with the requirements. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.
1. Tenant shall maintain, at its sole cost and expense, during the entire Term: (i) commercial general liability insurance with respect to the Premises and the operations of Tenant in, on or about the Premises, including but not limited to coverage for personal injury, contractual liability, independent contractors, broad form property damage, fire legal liability, products liability (if a product is manufactured within or sold from the Premises), and liquor law liability (if alcoholic beverages are sold, served or consumed within the $2,000,000 combined single limit per occurrence for bodily injury, death, and property damage liability; (ii)
coverage of at least $1,000,000 each accident
and each disease; (iii) with respect to Alterations constructed by Tenant under this Lease, (iv) insurance against fire, vandalism, malicious mischief and such other additional perils fixtures, furnishings, equipment and items of personal property in the Premises, in an amount equal to not less than 90% of their replacement cost (with replacement cost endorsement), which policy shall also include business interruption coverage in an amount sufficient to cover 1 year of loss. In no event shall the limits of any policy be considered as limiting the liability of Tenant under this Lease.
2. All policies of insurance required to be carried by Tenant pursuant to this Exhibit G shall be written by insurance companies authorized to do business in the State of California and with a general policyholder r -
limit under any policy carried by Tenant shall be commercially reasonable, and Tenant shall be responsible for payment of such deductible or retained limit with waiver of subrogation in favor of Landlord. Any insurance required of Tenant may be furnished by Tenant under any blanket policy carried by it or under a separate policy. A certificate of insurance, certifying that the policy has been issued, provides the coverage required by this Exhibit and contains the required provisions, together with endorsements acceptable to Landlord evidencing the waiver of subrogation and additional insured provisions required below, shall be delivered to Landlord prior to the date Tenant is given the right of possession of the Premises. Proper evidence of the renewal of any insurance coverage shall also be delivered to Landlord not less than thirty (30) days prior to the expiration of the coverage. In the event of a loss covered by any policy under which Landlord is an additional insured, Landlord shall be entitled to review a copy of such policy.
3. hat the policy
shall be primary to and noncontributory with any policies carried by Landlord, together with a provision including Landlord and any other parties in interest designated by ections 1 (ii), (iii) and
(iv) above shall each contain a waiver by the insurer of any right to subrogation against Landlord, its agents, employees, contractors and representatives. Tenant also waives its right of recovery for any deductible or retained limit under same policies enumerated change the coverage provided by the policy without first giving Landlord 30 days prior written notice. Tenant shall also name Landlord as an additional insured on any excess or umbrella liability insurance policy carried by Tenant.
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EXHIBIT H
RULES AND REGULATIONS
The following Rules and Regulations shall be in effect at the Land. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions at any time. In the case of any conflict between these regulations and the Lease, the Lease shall be controlling.
1. The sidewalks, halls, passages, and other common areas of the Land shall not be obstructed by Tenant or used by it for storage, for depositing items, or for any purpose other than for ingress to and egress from the Premises. Should Tenant have access to any balcony or patio area, Tenant shall not place any furniture other personal property in such area without the prior written approval of Landlord.
2. Tenant shall, at its expense, be required to utilize the third-party contractor designated by Landlord for the Premises to provide any telephone wiring services from the minimum point of entry of the telephone cable in the Building to the Premises.
3. No antenna or satellite dish shall be installed by Tenant without the prior written agreement of Landlord.
4. The sashes, sash doors, windows, glass lights, solar film and/or screen, and any lights or skylights that reflect or admit light into the halls or other places of the Building shall not be covered or obstructed. If Landlord, by a notice in writing to Tenant, shall object to any curtain, blind, tinting, shade or screen attached to, or hung in, or used in connection with, any window or door of the Building, the use of that curtain, blind, tinting, shade or screen shall be immediately discontinued and removed by Tenant. No awnings shall be permitted on any part of the Premises.
5. The installation and location of any unusually heavy equipment in the Building, including without limitation file storage units, safes and electronic data processing equipment, shall require the prior written approval of Landlord. The moving of large or heavy objects shall occur only between those hours as may be designated by, and only upon previous notice to, Landlord.
6. Tenant shall not install equipment requiring electrical or air conditioning service in excess of that serving the Building on the Effective Date.
7. Tenant shall not do or permit anything to be done in the Building, or bring or keep anything in the Premises, which shall in any way increase the insurance on the Premises or Land, or interfere with the rights of other tenants, or conflict with any government rule or regulation.
8. Tenant shall not use or keep any foul or noxious gas or substance in the Premises.
9. Tenant shall not permit the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Land by reason of noise, odors and/or vibrations, or interfere in any way with other tenants or those having business with other tenants.
10. Tenant shall not permit any animals or birds be kept by Tenant in or about the Premises.
11. Neither Tenant nor its employees, agents, contractors, invitees or licensees shall bring any firearm, whether loaded or unloaded, into the Land at any time.
12. Smoking anywhere within the Premises or Land is strictly prohibited, and Landlord may
13. Tenant shall not install an aquarium of any size in the Building unless otherwise approved by Landlord.
14. Tenant shall not utilize any name selected by Landlord from time to time for the Land as or designation of the Premises or Land without liability to Tenant.
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15. Tenant shall, upon request by Landlord, supply Landlord with the names and telephone numbers of personnel designated by Tenant to be contacted on an after-hours basis should circumstances warrant.
16. Landlord may from time to time grant tenants individual and temporary variances from these Rules, provided that any variance does not have a material adverse effect on the use and enjoyment of the Premises by Tenant.
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EXHIBIT I
PARKING
The following parking regulations shall be in effect at the Land. In the case of any conflict between these regulations and the Lease, the Lease shall be controlling.
1. Tenant agrees to maintain, or cause to be maintained the Parking Area for the benefit and use of the visitors and patrons and, except as otherwise provided, employees of Tenant, all as shown on Exhibit C. Landlord shall have the right to determine the nature and extent of the automobile Parking Area, and of making such changes to the Parking Area from time to time which in its opinion are desirable. Landlord shall not be liable for any damage to motor vehicles of visitors or employees, for any loss of property from within those motor vehicles, or for any injury to Tenant, its visitors or employees, unless ultimately determined to be caused by the sole active negligence or willful misconduct of Landlord. Landlord shall also have the right to establish, and from time to time amend, and to enforce against all users of the Parking Area all reasonable rules and regulations (including the designation of areas for employee parking) as Landlord may deem necessary and advisable for the proper and efficient operation and maintenance of the Parking Area.
2. Washing, waxing, cleaning or servicing of vehicles, or the parking of any vehicle on an overnight basis, in the Parking Area (other than emergency services) by any parker or his or her agents or employees is prohibited unless otherwise authorized by Landlord.
Tenant shall not assign or sublet any of the parking spaces in the Parking Area, either voluntarily or by operation of law, without the prior written consent of Landlord, except in connection with an authorized assignment of this Lease or subletting of the Premises.
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Mountain House Page 230 of 269 POLICY & ACTION ITEM 9.3
251 East Main Street, Mountain House, CA 95391
Tel (209) 831-2300 • Fax (209) 831-5610
MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT
“To Provide Responsive Service to our Growing Community that Exceeds Expectations at a Fair Value”
STAFF REPORT
AGENDA TITLE: Approval of Management Agreement for the Annex Building with the Mountain House Muslim Association
MEETING DATE: November 9, 2022
PREPARED BY: Steven J. Pinkerton, General Manager
______________________________________________________________________________ RECOMMENDATION:
Staff recommends that the Mountain House Community Services District (District) Board of Directors (Board) approve a management agreement for the Annex building with the Mountain House Muslim Association (MHMA).
BACKGROUND:
On October 13, the Board authorized the General Manager to negotiate an agreement with Mountain House Developers, Inc. (MHD) to lease the building previously used for library services in order to use the facility for rentals to individuals and organizations and to provide a setting for recreation events and classes. The General Manager negotiated the lease in accordance with Board direction and it was executed on November 10, 2021. The District will pay MHD $75,000 over the term of the 5-year lease. The amount represents MHD’s cost of constructing the parking lot and connecting it to Main Street.
The Board approved $150,000 for the Annex renovations in the fiscal year 2021/2022 budget and $285,000 in the fiscal year 2022/2023 budget to complete the renovation to accommodate occupancies of up to 340. The improvements are expected to be completed by December 1 of this year.
As plans for constructing improvements were being finalized, representatives of the Mountain House Muslim Association (MHMA) approached the Board and staff to discuss their interest in leasing the building from the District and managing the operations of the facility. On June 8, 2022 the Board directed staff to negotiate terms of a property management agreement with MHMA.
DISCUSSION:
The District intends to use the Annex to serve as a multi-use community center for the public’s use for recreation, social welfare, community improvement, and public assembly. MHMA desires to facilitate the offering and operation of the Annex as a service to the community by advancing $300,000 toward the cost of improvements and serving as the property manager of the facility.
The proposed Property Management Agreement (Attachment A) includes the following
ATTACHMENT B
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Mountain House Page 231 of 269 POLICY & ACTION ITEM 9.3
251 East Main Street, Mountain House, CA 95391
Tel (209) 831-2300 • Fax (209) 831-5610
provisions:
The term of the agreement will be four years; the expiration will coincide with the term of the District’s lease with MHD; if the District acquires a right to possess the Annex for an additional year or more, MHMA may elect to extend the term of the proposed lease Upon execution of the Agreement, MHMA will advance $300,000 to the District and will recover that advance through income generated through the operation of the facility MHMA will operate the Annex in compliance with the District’s Community Room Use and Reservation Policies and Guidelines and will charge current facility use rates as established by the District
The District will be entitled up to 150 hours of use of the facility annually free of rental fees MHMA will maintain the Annex and equipment and will be reimbursed for costs of repair as described below under “Reimbursement and Compensation”
o Minor repairs of up to $1,000: MHMA may make the repairs without prior approval by the District
o Repairs $1,000 - $10,000: reimbursement requires prior written approval for such repairs o Repairs greater than $10,000: District will determine the appropriate course of action MHMA will pay utility costs (water, gas, heat, electricity, telephone, internet) The District will pay for janitorial services and garbage collection MHMA is engaged as an independent property manager with a fiduciary responsibility for the safekeeping and good faith use of District assets
Insurance requirements are outlined in Exhibit B to the Agreement Reimbursement and Compensation:
o Effective Gross Income: all facility use fees and other income such a fees and charges, rents, utility reimbursements, and forfeited deposits
o Reimbursement of $300,000 advance: Reimbursement equal to Effective Gross Income will be paid to MHMA monthly until such time reimbursements equal $300,000 o Reimbursement of operating expenses: If Effective Gross Income is available, District will reimburse MHMA for the cost of repairs and utilities
o After MHMA has received full reimbursement for the $300,000 advance, MHMA will be entitled to 35% of Effective Gross Income
o Use of premises: MHMA will be entitled to up to 350 hours of use of the Annex annually free of rental fees
Termination: The Agreement provides for required notification periods and amounts to be reimbursed to MHMA for terminations with and without cause for any balance of the $300,000 advance
FISCAL IMPACT:
The proposed Property Management Agreement will allow the District to recoup $300,000.00 of the costs expended to improve the facility. The District will reimburse MHMA for repair and utility costs throughout the term of the Agreement. After MHMA is fully reimbursed for the $300,000 advance, the District will retain 65% of Effective Gross Income less operating expenses.
In addition, the District will not be responsible for employee or advertising costs during the term of the Agreement.
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Mountain House Page 232 of 269 POLICY & ACTION ITEM 9.3
251 East Main Street, Mountain House, CA 95391
Tel (209) 831-2300 • Fax (209) 831-5610
STRATEGIC PLAN IMPLEMENTATION:
One of the values the Board adopted as part of the strategic plan was “To be visionary, innovative and resourceful.” Another value: “To create a vibrant, thriving, and resilient community and to build strong, positive partnerships with residents and stakeholders.” Taking advantage of the opportunities offered by the use of the Annex and MHMA’s property management services while awaiting the construction of the Community Center exemplifies these values.
ACTION FOLLOWING BOARD APPROVAL:
The General Manager will execute the Property Management Agreement with MHMA.
ATTACHMENTS:
Attachment A: Property Management Agreement
c: District Counsel
ATTACHMENT B
Item 9.1
Mountain House Page 233 of 269 1 PROPERTY MANAGEMENT AGREEMENT
November 9, 2022, is entered
Muslim Association, a California nonRECITALS
A. District leases and maintains that certain portion of land containing approximately 62,207 square feet, including without limitation, all buildings, structures, systems, facilities, landscaping, hardscaping and fixtures, upon Lot 14, Tract 3925 (APN: 254-550-17), including the MULT1260 modular building measuring a
B. District maintains and intends to improve the Building to serve as a multi-use community s use for recreation, social welfare, community improvement, and public assembly servicing the Mountain House community. Manager desires to facilitate the offering and operation of this community asset as a service to the Mountain House community, as well as the improvements needed to prepare the Building for this use, through the contribution of funds for improvements and other capital costs and serving as the property manager of the facility; and C. District desires that Manager maintain, operate, and manage the use of the Building as a public community center, subject to the terms and conditions stated in this Agreement.
D. Manager desires to accept and assume such responsibilities, in accordance with the terms and conditions of this Agreement. Additionally, Manager agrees to advance the sum of Three Hundred Thousand Dollars ($300,000) to cover the costs of improvements to the Building, the sum of which will be recovered by Manager through income generated through the operation of the facility as further described herein.
NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
Section 1. APPOINTMENT OF MANAGER
1.1 Appointment and Acceptance. District hereby engages Manager as its sole and exclusive property manager to operate and manage the Premises described in Section 1.2 to make the Building and Premises available to the Mountain House community as a facility for individual, business, facilities to the public. Manager accepts the engagement and agrees to operate and manage the Building and Premises for this purpose by providing the services described herein in accordance with the terms and conditions below.
1.2 Description of Premises. The property to be managed by Manager under this square feet, and all structures, systems, facilities, surrounding landscaping and hardscaping, attached fixtures, and other improvements operating as the Old Library Building, located at 250 East Main Street, Mountain House, CA 95391. Additionally, Manager shall have the right to use the adjacent parking area for the benefit and use of visitors and patrons, and employees of Manager for the purposes authorized by this Agreement.
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Mountain House Page 234 of 269 2 1.3 Term.
a. The initial term of this Agreement shall be for a period of four (4) years commencing on November 10
provided in Section 7. Manager expressly acknowledges that District leases the Premises pursuant to a lease that, as of the time of execution of this Agreement, expires November 10, 2026. b. In the event the District acquires a right to possess the Building for an additional year, or more, beyond the initial term of this Agreement, it shall provide written notice of such acquisition within sixty (60) days of the acquisition, or as soon as reasonably possible if less than sixty (60) days remain of the initial term of this Agreement. Upon receipt of such notice, Manager may elect to extend the term of this Agreement by one (1) year but no more than five (5) years by delivery of written notice to the District.
1.4 Role of District. District hereby engages Manager as property manager to operate and manage the Premises for use as a community center available for use by individuals, businesses, and organizations on a fair, equitable, and non-discriminatory basis for authorized activities. District shall retain supervision and control of the Premises and Manager as it relates to the services provided for under this Agreement.
1.5 Role of Manager. Manager agrees to serve as property manager and to operate and manage the Premises for use as a community center pursuant to the Scope of Services attached hereto as Exhibit A. Manager shall use the Premises during the Term for the use, operation and management of a community center available for use by individuals, businesses, and organizations on a fair, equitable, and nondiscriminatory basis for authorized activities pursuant to District policies. Manager shall not use or not use or permit the Premises or any portion of the Premises to be improved, developed, used or occupied in any manner or for any purpose that is in any way in violation of applicable statutes, ordinances, or regulations now or hereafter adopted by any federal, state, or county governmental entity, and shall comply with all ordinances, regulations, policies, and guidelines now or hereafter adopted and applicable to a. Advertising. Manager is authorized to advertise the Premises for community center facility use, using periodicals, signs, plans, brochures, or displays, or any such other means as Manager may deem proper and advisable. Manager is authorized to place signs on the Premises provided such signs comply with applicable laws. Cost of such advertising shall be assumed by Manager. b. Responsibility for Employee Costs. Manager shall be solely responsible for the payment of all wages, fringe benefits, and all other forms of compensation payable to, or for the benefit of, employees or agents of Manager and all local, state and federal taxes and assessments (including, incident to the employment of all such personnel, shall be the sole responsibility of Manager. Such payments shall also include all awards of back pay and overtime compensation which may be awarded to any Premises employee in any legal proceeding, or in settlement of any action or claim which has been asserted by any such employee.
c. Applicable Laws. Manager shall, as agent for and at the expense of District, perform the following in a manner consistent with applicable law, industry best practices, and the
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Mountain House Page 235 of 269 3 standard of care generally applicable to property management companies for similar real estate Premises in the Mountain House Statistical Area:
i. Promptly after becoming actually aware of the need, notify District of actions necessary to cause the physical condition of the Premises to comply with applicable laws. applicable laws. Manager shall be responsible for complying with applicable law in the performance of its duties under this Agreement;
ii. Cause its employees and agents to fully comply in all material respects with applicable laws in respect of the operation of the Premises and notify District as promptly as practicable of any complaints, warnings, notices or summonses received by it relating to, alleging or asserting a breach or violation of applicable law, and notify the District as promptly as practicable if and when Manager has actual knowledge of any violation or threatened violation of applicable law; iii. Use commercially reasonable efforts to comply promptly with all applicable laws and governmental orders or other requirements affecting the Premises, whether imposed by Federal, state, county or municipal authority; provided, that Manager shall take no such action so long as District is contesting, or has affirmed its intention to contest, any such order or requirements, within seventy-two (72) hours from the time of their receipt;
iv. Report to the District in a timely manner any significant criminal activity observed or discovered by Manager at the Premises. d. Cost of Operation and Performance. All purchases and other obligations incurred in connection with the operation of the Premises and the performance of this Agreement shall be the sole cost and expense of Manager and subject only to the reimbursement payment described in Section 1.1.
Section 2. FACILITY USE
2.1 . Manager shall use its best efforts to keep
the Premises in use by procuring visitors or patrons for use of the Premises consistent with the Community Rooms Use and Reservation Policies and Guidelines, including, but not limited to, the reservation process, community rooms use permit conditions, and general regulations stated therein. It is acknowledged that there is no guarantee relating to performance by Manager. Manager is authorized to negotiate, prepare and execute all facility use agreements and to cancel and modify existing agreements subject to and in accordance with the Community Rooms Use and Reservation Policies, as the same may be updated from time to time by District. Manager shall execute all facility use agreements as agent for the District.
2.2 Facility Use Rates. Manager shall use only the then-current facility use schedule established by the District in the performance of this Agreement. In no event will such facility use fees and other fees or charges be exceeded or changed by Manager without the prior consent of District.
2.4 Standard of Performance. Manager shall use its best efforts in all activities contemplated by this Agreement in the management of the Premises including but not limited to facility use, financial goals, maintenance, general operations, and other obligations established herein. Manager shall utilize its best efforts to carry out the intended use for the Premises.
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Mountain House Page 236 of 269 4 2.5 Management Office. Manager, subject to written approval by District, may establish a space on the Premises for ongoing use as a management office and exclusively for the use of Manager to conduct the business of the management of the Premises.
2.6 District Use of Facilities. The District shall be entitled to up to one hundred and fifty (150) hours of use of the Premises annually beginning on the Commencement Date of this and every anniversary thereafter in accordance with District policies, except those pertaining to the payment of fees for facility use, and applicable laws. To exercise its right under this section, District shall reserve the Premises using the reservation system and procedures applicable to all other users and shall be responsible for compliance with all requirements except facility use payment.
Section 3. OPERATIONS, MAINTENANCE AND REPAIR
3.1 Building Compliance. Manager shall use commercially reasonable efforts to maintain compliance of the Premises or any building thereon or any equipment therein with the requirements of any building codes or with any statute, ordinance, law or regulation of any governmental body or of any public authority or official thereof having jurisdiction, and shall promptly notify District of any non-compliance of which it becomes aware and forward to District promptly any complaints, warnings, notices or summons received by Manager relating to such matters. District authorizes Manager to disclose the management of the Premises to any such officials, and agrees to indemnify and hold Manager its representative, servants, and employees harmless of and from all loss, cost, expense and liability whatsoever which may be imposed by reason of any present or future violation or alleged violation of such laws, ordinances, statutes or regulations; provided, indemnity shall be subject to Section 5 and shall not be applicable if Manager has actual knowledge of any such violation or alleged violation but fails to give notice to District, as provided under the terms and provisions of this Agreement.
3.2 Performance of Minor Repairs. Manager is authorized to make or cause to be and replacements reasonably necessary to preserve the Premises in its present condition and for the operating efficiency of the Premises, and all alterations required to comply with governmental regulations or insurance requirements. In the event the cost of repair or replacement equals one thousand dollars ($1,000) or less, Manager is authorized to make or cause to be made, such repair or replacement without prior approval from District and shall be reimbursed for such costs in full. In the event the cost of repair or replacement equals more than one thousand dollars ($1,000) but less than ten thousand dollars ($10,000), Manager shall obtain prior written consent from District to perform such repair and shall only be reimbursed for such costs with prior written consent. Reimbursement for repair or replacement of more than one thousand dollars ($1,000) incurred without prior approval shall be at the sole discretion of the District.
Repair and replacement work may not be unreasonably split to avoid obtaining District approval. The s reasonably
eligible for reimbursement.
Manager is also authorized to decorate the Premises and the community rooms, on uipment, tools, appliances, materials, supplies, uniforms and other items necessary for the management, maintenance or operation of the Premises.
3.3 Major Repairs. In the event a repair or replacement in of ten thousand dollars ($10,000) or more is necessary for the continued operation of the Premises, Manager shall notify the District of the need of such repairs and/or replacement. District shall be entitled to determine, in its sole discretion, the appropriate course of action. Manager shall notify District of Major Repairs necessary to protect the
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Mountain House Page 237 of 269 5 safety of the Premises or occupants within twenty-four (24) hours of discovery that such Major Repair is necessary.
3.4 Utilities and Services. At its sole cost and expense and subject only to the reimbursement payment described in Section 1.1, Manager shall pay for all water, gas, heat, electricity, telephone, internet, and power which during the Term of this Agreement, may be furnished to or used on the Premises, and hold District free and harmless from, all charges for the furnishing of gas, light, water, electricity, power, telephone service, and any other public utilities to the Premises during the Term of this Agreement. Manager shall coordinate with District to determine the manner in which janitorial services shall be provided to the Premises and for the removal of garbage and rubbish from the Premises during the term of this Agreement. The costs for janitorial and trash removal services shall be borne by the District.
3.5 Structural Changes. District expressly withholds from Manager any power or authority to make any structural changes in any building, or to make any other major alterations or additions in or to any such building or to any equipment in any such building, or to incur any expense chargeable to District other than expenses related to exercising the express powers vested in Manager through this Agreement, without the prior written consent of District. However, such emergency repairs as may be required because of danger to life or property, or which are immediately necessary for the preservation and safety of the Premises or the safety of the visitors, patrons and occupants thereof, or required to avoid the suspension of any necessary service to the Premises, or to comply with any applicable federal state or local laws, regulations or ordinances, shall be authorized pursuant to this Agreement, and Manager shall notify District appropriately.
Section 4. RELATIONSHIP OF MANAGER TO DISTRICT; NO ASSIGNMENTS Manager is engaged independently in the business of property management and acts hereunder as an independent contractor. Manager acknowledges that it shall have a fiduciary responsibility for the immediate possession or control. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement, or as requiring Manager to bear any portion of losses arising out of or connected with the management or operation of the Premises. Manager shall not, at any time during the term of this Agreement, be considered to be a direct or indirect employee of District. Except as provided herein, neither party shall have the power to bind or obligate the other party, and Manager shall not have any rights, duties, powers or obligations except those expressly set forth in this agreement. Except as specifically set forth in this Agreement, Manager shall not act as the agent of District; and, except as provided in this Agreement, District shall not act as the principal of Manager.
Section 5. INSURANCE AND INDEMNITY
5.1 . Manager, at its sole cost and expense, shall provide and maintain in effect the insurance described in Exhibit B. Evidence of that insurance must be delivered to District prior to the Commencement Date.
5.2 Indemnification by Manager. Subject to Section 5.4 below, Manager shall defend, indemnify and hold harmless District, its agents, lenders, and any and all affiliates of District, from and against any and all claims, suits, liabilities, damages, costs or expenses arising either before or after the Commencement D grossly negligent, reckless, or wrongful use or occupancy of the Premises, (ii) from the negligent, reckless, or wrongful conduct of its business, or from any grossly negligent, reckless, or wrongful activity, work, or thing done, permitted or suffered by Manager or its agents, employees, sub managers, vendors, contractors, invitees or licensees in or about the Premises,
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Mountain House Page 238 of 269 6 Agreement, or (v) from any grossly negligent, reckless, or wrongful act of Manager or its agents, employees, sub managers, vendors, contractors, invitees or licensees. District may, at its option, require Manager to assu Section 5 through counsel reasonably
satisfactory to District. Notwithstanding the foregoing, Manager shall not be obligated to indemnify District against any liability or expense to the extent it is ultimately determined that the same was caused by the of District, its agents, contractors or employees.
5.3 Indemnification by District. Manager shall be liable hereunder only for its own gross negligence, willful misconduct or bad faith. The District agrees to indemnify Manager and save it harmless against any and all liabilities, including judgments, costs, and reasonable attorneys fees, for any act or omission by Manager in the performance of this Agreement, except as expressly provided for in Section 5.2 or in the case of reckless, gross negligence, or willful misconduct, or bad faith of Manager.
5.4 Nonliability of District. District shall not be liable to Manager, its employees, agents and invitees, and Manager hereby waives all claims against District, its employees and agents for loss of or damage to any property, or any injury to any person, resulting from any condition including, but not limited to, acts or omissions (criminal or otherwise) of third parties and/or other Managers of the Premises, or their agents, employees or invitees, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Premises or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Premises, whether the damage or injury results from conditions arising in the Premises or in other portions of the land, except where caused by the negligence of District, its agents, or any and all affiliates of District in connection with the foregoing. Notwithstanding anything to the contrary bus
opportunity costs), or for interference with light or other similar intangible interests.
5.5 Waiver of Subrogation. District and Manager each hereby waives all rights of recovery against the other on account of loss and damage occasioned to the property or Premises of such waiving party to the extent that the waiving party is entitled to proceeds for such loss and damage under any property insurance policies carried or otherwise required to be carried by this Agreement; provided under any such policies and this Agreement.
5.6 No Assumption of Liability By Manager. District acknowledges and agrees that, except as expressly provided for herein, Manager is not assuming and shall bear no liability with respect to any responsibilities and/or liabilities of the District, whether to the others, to any third parties, or otherwise. . Manager assumes no liability for: (1) any failure of or default by any facility user in the payment of any facility use fee or other charges due District or in the performance of any obligations owed by any community member or patron to District pursuant to any facility use agreement or otherwise unless caused by gross negligence or willful misconduct of Manager; (2) any claims arising out of the condition of the or conducted by District or its agents or employees in or about the Premises, except to the extent such Loss is caused by the gross negligence, willful misconduct, or bad faith of Manager. Manager assumes no liability for previously unknown violations occurring prior to the effective date of this Agreement of environmental, fair housing, zoning, building, or other regulations which may become known during the period this Agreement is in effect. Any such violations or hazards discovered by Manager shall be brought to the attention of District in writing and District shall be responsible for such violations or hazards.
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Mountain House Page 239 of 269 7 Section 6. REIMBURSEMENT; COMPENSATION
6.1 Effective Gross Income. The term Effective Gross Income shall be deemed to include all facility use fees and other income, fees and charges from the normal operation of the Premises pursuant to this Agreement, including, but not limited to, rents, parking fees, utility reimbursements, forfeited security deposits, other fees and deposits, and other miscellaneous income, to the extent such fees or income sources are authorized by this Agreement and District policies. Effective Gross Receipts does not include income arising out of the sale of real property or the settlement of fire or other casualty losses and items of a similar nature, or any fee or income source not authorized by this Agreement and District policies.
6.2 Improvement Advance; Reimbursement.
a. Improvement Advance. To facilitate certain improvements and other capital costs related to the Premises, Manager hereby agrees to pay District Three Hundred Thousand Dollars ($300,000) as advance partial payment for intended improvements of, and other capital costs related b. Reimbursement of Improvement Advance. To the extent Effective Gross Income is received, Manager shall be entitled to reimbursement of the Improvement Advance as described herein. Reimbursement payments shall be paid monthly and calculated based on the Effective Gross Income received during the prior calendar month unless the parties agree in writing to a different payment schedule. c. Reimbursement of Operating Expenses. To the extent Effective Gross Income is received, Manager shall be entitled to reimbursement of expenses incurred under Section 3 of this agreement. Reimbursement payments shall be paid monthly and calculated based on the Effective Gross Income received during the prior calendar month unless the parties agree in writing to a different calculation and payment schedule.
d. Reimbursement Payments. The District shall pay Manager an amount equal to one hundred percent (100%) of the Effective Gross Income received, calculated on a monthly basis and paid within thirty (30) days of the end of the applicable monthly period, as reimbursement of the Improvement Advance. After the amount of the Improvement Advance has been fully reimbursed, Manager shall not be entitled to any further reimbursement except as otherwise expressly provided by this Agreement.
6.3 Compensation.
a. Share of Effective Gross Income. As full consideration for services provided pursuant to this Agreement, and only after Manager has been fully reimbursed for the amount of the Improvement Advance pursuant to Section 6, Manager shall be entitled to thirty-five percent (35%) of Effective Gross Income, calculated on a monthly basis and paid within thirty (30) days of the end of the applicable monthly period.
b. Use of Premises. In further consideration of the services provided pursuant to this Agreement, Manager shall be entitled to up to three hundred and fifty (350) hours of use of the Premises annually beginning on the Commencement Date of this and every anniversary thereafter in accordance with District policies, except those pertaining to the payment of fees for facility use, and applicable laws. To exercise its right under this section, Manager shall reserve the Premises using the
ATTACHMENT C
Item 9.1
Mountain House Page 240 of 269 8 reservation system and procedures applicable to all other users and shall be responsible for compliance with all requirements except facility use payment.
Section 7. TERMINATION
7.1 By Either Party. This Agreement may be terminated by either District or Manager, with or without cause, by giving not less than sixty (60) days advanced written notice to the other party.
7.2 For Cause. Notwithstanding the foregoing, this Agreement shall terminate in any event, and all obligations of the parties hereunder shall cease (except as to liabilities or obligations which have accrued or arisen prior to such termination, or which accrue pursuant to this Section as a result of such termination, and obligations to insure and indemnify), upon the occurrence of any of the following events:
a. Breach of Agreement. Ten (10) days after the receipt of notice by either party to the other specifying in detail a material breach of this Agreement, if such breach has not been cured within said ten (10) day period; or if such breach is of a nature that it cannot be cured within said ten (10) day period but can be cured within a reasonable time thereafter, if efforts to cure such breach has not commenced and/or such efforts are not proceeding and being continued diligently both during and after such ten (10) day period prior to the breach being cured. However, the breach of any obligation of either party hereunder to pay any moneys to the other party under the terms of this Agreement shall be deemed to be curable within ten (10) days.
b. Excessive Damage. Upon the destruction of or substantial damage to the Premises by any cause, or the taking of all or a substantial portion of the Premises by eminent domain, in either case making it impossible or impracticable to continue operation of the Premises. c. Sale of Premises. In the event of the sale of the Premises, this Agreement shall terminate upon the giving of not less than thirty (30) days written notice by District to Manager. d. Default. Each of the following events shall constitute an event of default by the party in respect of which such even occurs:
i. the failure of either party to pay any amounts required to be paid by it hereunder or to perform any of its obligations hereunder for a period of ten (10) days after the date on which notice of the failure has been given to the defaulting party by the other party; ii. the filing of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy or similar creditor relief law; iii. the consent to an involuntary petition in bankruptcy or the failure by such party to vacate, within sixty (60) days from the date of entry thereof, any order approving an involuntary petition;
iv. the entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating such party as bankrupt or involvement or approving a petition seeking reorganization or appointing a receiver, trustee, conservator or liquidator of all or a substantial part of such part
in effect for a period of one hundred twenty (120) consecutive days;
ATTACHMENT C
Item 9.1
Mountain House Page 241 of 269 9 v. the failure to fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement and the continuance of any such default for a period of ten (10) days after written notice of said failure; and vi. theft, fraud, or other knowing or intentional misconduct by Manager or its employees or agents or District or its employees, Landlords, agents or assigns.
7.3 Compensation Upon Termination. Any amounts accruing to Manager pursuant to Section 6 prior to such termination shall be due and payable upon termination of this Agreement. a. With Cause.
i. By District. In the event the District terminates this Agreement for cause pursuant to subdivisions (a) or (d) of Section 7.2, the District shall pay the remaining balance of the unreimbursed Improvement Advance to Manager less the greater of (1) an amount equal to the estimated costs incurred by the District as a result of the acts or omissions of Manager constituting cause pursuant to subdivisions (a) or (d) of Section 7.2, or (2) as liquidated damages, an amount equal to ten percent (10%) of the amount of the Improvement Advance that has not been reimbursed as of the date the District delivers notice of termination for cause. Such payment shall be made within ninety (90) days of the effective date of the termination.
ii. By Manager. In the event Manager terminates this Agreement for cause pursuant to subdivisions (a) or (d) of Section 7.2, the District shall pay the remaining balance of the unreimbursed Improvement Advance to Manager. In addition to the foregoing, the District shall pay Manager liquidated damages in an amount equal to ten percent (10%) of the amount of the Improvement Advance that has not been reimbursed as of the date the Manager delivers notice of termination for cause.
Such payments shall be made within sixty (60) days of the effective date of the termination. b. Without Cause.
i. By District. In the event the District terminates this Agreement without cause, the District shall pay the remaining balance of the unreimbursed Improvement Advance to Manager. In addition to the foregoing, the District shall pay Manager liquidated damages in an amount equal to five percent (5%) of the amount of the Improvement Advance that has not been reimbursed as of the date the District delivers notice of termination without cause. Such payments shall be made within sixty (60) days of the effective date of the termination.
ii. By Manager. In the event Manager terminates this Agreement without cause, the District shall pay the remaining balance of the unreimbursed Improvement Advance to Manager less an amount equal to five percent (5%) of the amount of the Improvement Advance that has not been reimbursed as of the date Manager delivers notice of termination without cause as liquidated damages. Such payment shall be made within sixty (60) days of the effective date of the termination without cause.
c. Liquidated Damages. The parties agree that quantifying losses arising from the early termination of this Agreement is inherently difficult insofar as early termination impacts the repayment plan of the Improvement Advance, and further stipulate that the agreed upon sum is not a penalty, but rather a reasonabl
nature of the losses that may result from early termination. Liquidated Damages recoverable under this
ATTACHMENT C
Item 9.1
Mountain House Page 242 of 269 10 Section 7.3 (a) shall not constitute a waiver of any other damages or remedies arising out of the breach of the terms of this Agreement available under law.
7.4 Final Accounting. All books, records, contracts, leases, facility use agreements, receipts for deposits, unpaid bills, computer data, and other papers and documents which pertain to the Premises are deemed to be the property of the District, they are to be delivered to District, upon the effective date of such termination.
7.5 Personal Property. Upon termination of this Agreement, Manager shall promptly deliver to District all keys to the Premises and all other items of personal property owned by District and er separate lease with
District.
Section 8. REPRESENTATIONS; WARRANTIES
8.1 By District. District represents and warrants as follows: (a) District has the full power and authority to enter into this Agreement, and the person executing this Agreement is authorized to do so; (b) all permits for the operation of the Premises has been secured and are current; and (c) District is not aware of any violation of any building or construction statute, ordinance, or regulation that will affect the operation of the Premises.
8.2 By Manager. Manager represents and warrants as follows: (a) the officers of Manager have the full power and authority to enter into this Agreement; (b) there are not written or oral agreements by Manager that will be breached by, or agreement under this Agreement; and (c) where necessary, Manager will be duly licensed and able to perform all of the duties under this Agreement at the effective date of this Agreement and shall comply with and abide by all
relating to a beach of these representations and warranties shall be limited to actual damages.
Section 9. ADDITIONAL TERMS AND CONDITIONS
9.1 Headings. All headings and subheadings employed within this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement.
9.2 No Assignment. Manager agrees not to assign, sublease, or otherwise transfer the Agreement or any right, interest, or privilege connected therewith, including but not limited any lease or subsubletting without such consent shall be void, and shall be deemed a material breach of this Agreement.
9.3 Force Majeure. Any delays in the performance of any obligation of Manager under this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, governmental regulations, riots, adverse weather, and other similar causes not within the control of Manager, and any time periods required for performance shall be extended accordingly.
9.4 Complete Agreement. This Agreement, including any specified attachments, constitutes the entire Agreement between District and Manager with respect to the management and operation of the Premises and supersedes and replaces any and all previous management agreements entered into and/or negotiated between District and Manager relating to the Premises covered by this Agreement.
No change to this Agreement shall be valid unless made by supplemental written agreement executed and
ATTACHMENT C
Item 9.1
Mountain House Page 243 of 269 11 approved by District and Manager. Except as otherwise provided herein, any and all amendments, additions or deletions to this Agreement shall be null and void unless approved by District and Manager in writing.
Each party to this Agreement hereby acknowledges and agrees that the other party has made no warranties, representations, covenants or agreements, express or implied, to such party, other than those expressly set forth herein, and that each party, entering into and executing this Agreement has relied upon no warranties, representations, covenants or agreements, express or implied, to such party, other than those expressly set forth herein, or as set forth in an exhibit or appendix to this Agreement.
9.5 Rights Cumulative; No Waiver. No right or remedy herein conferred upon or reserved to either of the parties to this Agreement is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Agreement or now or hereafter legally existing upon the occurrence of an event of default under this Agreement. The failure of either party to this Agreement to insist at any time upon the strict observance or performance of any of the provisions of this Agreement, or to exercise any right or remedy as provided in this Agreement, shall not impair any such right or remedy or be construed as a waiver or relinquishment of such right or remedy with respect to subsequent defaults. Every right and remedy given by this Agreement to the parties to it may be exercised from time to time and as often as may be deemed expedient by those parties.
9.6 Governing law; Attorneys Fees. The execution, interpretation and performance of this Agreement shall in all respects be controlled and governed by the laws of the State of California without reference to its principles of conflict of law to the extent such principles would require or permit the application of the laws of another jurisdiction. In the event that either party shall bring an action to enforce or to interpret the terms and provisions of this Agreement, the prevailing party in such action shall be entitled to receive court costs and the reasonable fees and expenses of attorneys and certified public accountants. The parties hereby agree, knowingly and voluntarily, for their mutual benefit, to the fullest extent permitted by law, to waive the right to trial by jury in the event of litigation regarding the performance, enforcement of, or in any way related to, this Agreement. All proceedings arising out of this Agreement shall be filed and maintained in the Superior Court of California, County of San Joaquin. The provisions if this Section 18.2 shall survive the expiration or earlier termination of this Agreement.
9.7 Notices. Any notices, demands, consents and reports necessary or provided for under this Agreement shall be in writing and shall be addressed as follows, or at such other address as District and Manager individually may specify hereafter in writing:
To Manager:
Mountain House Muslim Association
Attn: Umar Sear
795 Adam Street
Mountain House, CA 95391
Telephone: (408) 722-1043
To District:
Mountain House Community Services District
Attn: General Manager
251 East Main Street
Mountain House, CA 95391
Telephone: (209) 831-2300
Such notice or other communication may be mailed by United States registered or certified mail, return receipt requested, postage prepaid, and may be deposited in a United States Post Office or a depository for the receipt of mail regularly maintained by the post office. Such notices, demands, consents and reports may also be delivered by hand or by any other receipted method or means permitted by law. For purposes of this Agreement, notices shal
thereof or forty-eight (48) hours after having been deposited in the United States mails as provided herein.
ATTACHMENT C
Item 9.1
Mountain House Page 244 of 269 12 9.8 Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective personal representatives, heirs, Landlords, executors, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have affixed and caused to be affixed their respective signatures as of the day and year first written above.
MOUNTAIN HOUSE COMMUNITY SERVICES
DISTRICT
By:__________________________________
Name/Title:___________________________
Date: ________________________________
MOUNTAIN HOUSE MUSLIM ASSOCIATION
By:__________________________________
Name/Title:___________________________
Date: ________________________________
ATTACHMENT C
Item 9.1
Mountain House Page 245 of 269 1 EXHIBIT A
SCOPE OF SERVICES
For the purpose of fulfilling the common objectives of making the Premises available and affordable to the Mountain House Community, on a fair, equitable and non-discriminatory basis, Manager agrees to:
1. Use diligence in the performance of this Agreement.
2. Ensure all applicable licenses and permits for the management of the Premises are current, in coordination with District.
3. Use, manage and operate the Premises in accordance with the policies set forth in the , including,
but not limited to, the .the reservation process, community rooms use permit conditions, and general regulations stated therein.
4. Coordinate with District the collection of all fees, security deposits or other charges and expenses due for use of the Premises, applying discounted rates for residents and nonprofit organizations.
5. Prepare and place advertisements for prospective use of the Community Center.
6. Confirm, and monitor compliance with, facility use agreements with citizens.
7. Coordinate with District for provision of utilities, services and equipment to operate and maintain the property and safeguard visitors, patrons and community members.
8. Contract for any repairs, maintenance or improvements needed to maintain the property, as permitted by the Agreement.
ATTACHMENT C
Item 9.1
Mountain House Page 246 of 269 2 EXHIBIT B
INSURANCE REQUIREMENTS
The
the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.
1. Manager shall maintain, at its sole cost and expense, during the entire Term: (i) commercial general liability insurance with respect to the Premises and the operations of Manager in, on or about the Premises, including but not limited to coverage for personal injury, contractual liability, independent contractors, broad form property damage, fire legal liability, products liability (if a product is manufactured within or sold from the Premises), and liquor law liability (if alcoholic beverages are sold, served or consumed within the Premises), which policy(ies) basis and for not less than $2,000,000 combined single limit per occurrence for bodily injury, death, together with employ
insurance, in an amount equal to the replacement cost of the work; and (iv) insurance against fire, property in the Premises, in an amount equal to not less than 90% of their replacement cost (with replacement cost endorsement), which policy shall also include business interruption coverage in an amount sufficient to cover 1 year of loss. In no event shall the limits of any policy be considered as limiting the liability of Manager under this Agreement.
2. All policies of insurance required to be carried by Manager pursuant to this Exhibit B shall be written by insurance companies authorized to do business in the State of California and with a general -
shall be commercially reasonable, and Manager shall be responsible for payment of such deductible or retained limit with waiver of subrogation in favor of District. Any insurance required of Manager may be furnished by Manager under any blanket policy carried by it or under a separate policy. A certificate of insurance, certifying that the policy has been issued, provides the coverage required by this Exhibit and contains the required provisions, together with endorsements acceptable to District evidencing the waiver of subrogation and additional insured provisions required below, shall be delivered to District prior to the date Manager is given the right of possession of the Premises. Proper evidence of the renewal of any insurance coverage shall also be delivered to District not less than thirty (30) days prior to the expiration of the coverage. In the event of a loss covered by any policy under which District is an additional insured, District shall be entitled to review a copy of such policy.
3. insurance shall contain a provision that the policy shall be primary to any policies carried by District, together with a provision including District and any other parties in interest designated by District as additional insureds Subsections 1 (ii), (iii) and (iv) above shall each contain a waiver by the insurer of any right to subrogation against District, its agents, employees, contractors and representatives. Manager also waives its right of recovery for any deductible or retained limit under same policies enumerated above. coverage provided by the policy without first giving District thirty (30) days prior written notice.
Manager shall also name District as an additional insured on any excess or umbrella liability insurance policy carried by Manager.
ATTACHMENT C
Item 9.1
Mountain House Page 247 of 269 Meeting with Mountain House Muslim Association | July 15, 2026 Discussion: Proposed Joint Use Agreement Framework
Purpose
• Strengthen the partnership between the City of Mountain House and the Mountain House Muslim Association.
• Establish a predictable, mutually beneficial arrangement for use of City and MHMA facilities.
• Reduce the need for individual rental agreements for recurring annual events. • Ensure both organizations understand expectations and responsibilities.
City Use of the Unity Center (No Rental Fee)
Proposed annual use by Parks & Recreation:
• Annual Holiday Pancake Breakfast
• Six (6) Youth Advisory Council (YAC) Summer Camp days • Three (3) evening senior special events
Discussion Points
• Dates coordinated annually.
• Subject to facility availability and advance scheduling. • City responsible for setup, cleanup, and restoring facility.
City Support for MHMA Events (No Rental Fee)
Proposed annual City support:
• Central Community Park for two (2) Eid celebrations
• Event parking accommodations
• Public Safety support (as determined appropriate for the event) • Parks maintenance services before and after the event
ATTACHMENT D
Item 9.1
Mountain House Page 248 of 269 Excludes
• Damage repair resulting from the event
• Extraordinary maintenance beyond normal event support • Additional City services not identified in the agreement Additional Facility Use
Outside of the agreed-upon annual events:
• City use of the Unity Center would be subject to MHMA's established rental fees and policies.
• MHMA use of City parks or facilities beyond the agreed events would be subject to the City's adopted fees and policies.
• Additional amenities (electricity, extra trash service, staffing, etc.) would be charged according to each agency's fee schedule.
Insurance
Each organization would:
• Provide proof of general liability insurance annually. • Name the other organization as an additional insured when appropriate. • Meet each organization's insurance requirements.
Agreement Term
Proposed term:
• Initial term of two (2) years.
• Two (2) optional one-year extensions by mutual agreement. • Opportunity to review and adjust the agreement prior to each extension.
Scheduling & Communication
ATTACHMENT D
Item 9.1
Mountain House Page 249 of 269 • Annual coordination meeting to establish event dates. • Designated staff contacts for scheduling and logistics. • Advance notice for any schedule changes or cancellations.
Maintenance & Responsibilities
Each party responsible for:
• Returning facilities to their original condition.
• Removing all event materials.
• Reporting any damage immediately.
• Following applicable facility rules and event requirements.
Benefits of the Partnership
For the City
• Reliable indoor venue for recurring community programs. • Predictable scheduling for Parks & Recreation events. • Continued partnership with a valued community organization.
For MHMA
• No-cost access to City park space for annual Eid celebrations. • Continued support with parking, Public Safety, and maintenance. • Simplified annual planning through a long-term agreement.
Open Discussion
• Does this framework meet both organizations' needs?
• Are there additional annual events either party should consider including? • Are there operational concerns that should be addressed before drafting an agreement?
ATTACHMENT D
Item 9.1
Mountain House Page 250 of 269 • Discuss next steps and timeline for preparing a formal Joint Use Agreement or MOU.
ATTACHMENT D
Item 9.1
Mountain House Page 251 of 269 DISCUSSION ITEM | 1
TITLE: City Manager’s Update
MEETING DATE: September 9, 2026
PREPARED BY: Steven J. Pinkerton, City Manager
COMMUNITY CONCERNS & CITY RESPONSE:
To ensure transparency and community engagement, staff provide responses to public comments and concerns raised during City meetings or through communication channels. We address key issues and provide updates or next steps. More details about follow-ups can be found at www.mountainhouseca.gov/PublicFollowUp .
A resident requested an update on the status of the Public Safety, Transportation, Recreation, and Planning bodies and asked that residents be included in public committees. Staff responded that the “It Takes a Village” community meetings were created to provide more opportunities for all of the general public and not just the committee/commission members to participate and provide input into matters of citywide interest.
LIBRARY UPDATES
The Mountain House Branch Library will offer a full schedule of free programs throughout September for children, teens, adults, and families. Activities include story times, STEM and craft programs, LEGO building, sewing and crochet workshops, family bingo, book club, meditation, and a classic movie screening.
Special events include the Friends of the Library sale and raffle at the Mountain House Farmers Market on September 13, a community service project benefiting the Delta Humane Society on September 14, a fall origami workshop on September 19, a Friends of the Library book sale on September 26, and Family Fall Craft Night on September 29. The library will be closed September 7 in observance of Labor Day.
Programs are held at the Mountain House Branch Library, 201 E. Main St., unless otherwise noted. Dates, times, age requirements, and registration information are available on the Mountain House Branch Library webpage: Mountain House
DEPARTMENT UPDATES
Communications
The Communications Division continues to support Citywide outreach, public information, community engagement, and event coordination. Since the August 27 update, staff has focused on upcoming community events and initiatives, internal communications, and coordination with City departments to ensure residents and employees receive timely and consistent information.
Item 9.2
Mountain House Page 252 of 269
2 Upcoming Events and Community Engagement
Communications is coordinating outreach, event planning, promotional materials, and program support for several upcoming City events and initiatives:
• Tennis Court Ribbon Cutting – September 18: Planning and communications are underway for the ribbon cutting celebrating the new tennis courts at Central Community Park. Staff is coordinating event logistics, program materials, community outreach, and partner participation. • It Takes a Village Transportation Forum – October 7: Communications is supporting outreach and event coordination for the community transportation forum, which will provide residents an opportunity to learn about transportation needs, future service options, and mobility within Mountain House.
• South Community Park Groundbreaking – October 14: Planning is underway for the groundbreaking ceremony celebrating the next major investment in Mountain House parks and recreation infrastructure. Communications will support event coordination, public outreach, program development, and promotional materials.
• Veterans Liberty Garden Ribbon Cutting – November 14: Communications is beginning preparations for the dedication and ribbon cutting of the Veterans Liberty Garden, including event planning, community outreach, recognition materials, and coordination with participating partners.
• Pickleball Court Ribbon Cutting – Date TBD: Communications will coordinate a ribbon cutting following completion of the City's tennis court conversion to pickleball courts. The event date will be established as construction progresses.
• Government in Youth Initiative: Development is underway on a new youth civic engagement campaign designed to help local students better understand City government, public service, and opportunities to become involved in their community.
Internal Communications
Communications is also developing a new City employee intranet to strengthen internal communication and provide staff with a central location for City information, resources, forms, policies, announcements, and other frequently used materials. Initial work includes organizing content, developing the site structure, and coordinating with departments to identify resources that should be available to employees.
In addition to these projects, Communications continues to provide ongoing Citywide support through website updates, social media, media relations, emergency and traffic notifications, graphic design, community messaging, and coordination with departments on public information needs.
Parks and Recreation
Raquet Sports Instruction Services
At the August 26, 2026 City Council meeting, Item 9.2 regarding a Professional Services Agreement for Racquet Sports Instructional Services was removed from consideration. As noted in the staff report for this item, only one response was originally received for this solicitation of services, despite extending the time for interested parties to respond to the Request for Qualifications (RFQ).
Item 9.2
Mountain House Page 253 of 269
3 Additional interested parties began expressing interest in the RFQ in the week leading up to Council consideration of the item. Given this new interest, staff will reissue the RFQ on September 8, 2026.
Proposals will be due on September 25, 2026. All parties who have expressed interest will be sent the RFQ, and staff will also promote the opportunity through additional channels.
Staff does not anticipate bringing any professional services agreements to the City Council for consideration until after several months of operation at the Tennis Center. Selected contractors will execute short-term agreements during the start-up phase of the Tennis Center.
This will give staff additional time to assess the demand for instructional services and determine the number of contracts and contract amounts to bring forward for City Council consideration.
Special Events
National Night Out – National Night Out brought residents together with local law enforcement, public safety agencies, and community partners to strengthen relationships and promote neighborhood safety.
Despite the extreme heat, attendees enjoyed family-friendly activities, music, food, and opportunities to connect directly with first responders. The event also provided helpful lessons for future years, including beginning planning earlier, clarifying partner responsibilities, and coordinating marketing efforts across participating agencies.
Music in the Park - The August Music in the Park featured Thunder Cover and drew approximately 2,000 attendees—the highest attendance of the summer. Guests enjoyed local food trucks, children played in the Kids Zone, and families and friends danced together throughout the evening. The lively, family-friendly event successfully concluded the City’s 2026 summer concert series.
Central Park Cinema – The August Central Park Cinema featured How to Train Your Dragon on a warm summer evening, offering families a fun way to gather before heading back to school. Attendees relaxed under the stars and enjoyed free popcorn. This event concluded the City’s summer Central Park Cinema series—stay tuned for future seasonal showings!
Event 2024 2025 2026
Bike Rodeo 225 250 325
Kite Festival 900 1,200 2,200
Music in the Park - May 2,800 1,500 1,600
Juneteenth 3,100 2,600 3,200
Central Park Cinema - June 625 800
4 th of August Parade 1,900 2,100 1,400
4 th Of August Celebration 1,500 2,000
Central Park Cinema – July 830 810
Music in the Park - July 2,300 2,400 2,100
National Night Out 900 1,200 790
Central Park Cinema – August 500 970
Music in the Park – August 3,200 2,700 2,600
Item 9.2
Mountain House Page 254 of 269
4 TOTAL 15,325 17,405 18,795
Tennis Court Reservations:
The following graph provides a month-by-month comparison of tennis court reservation revenue collected at Mountain House High School (MHHS) and Central Park over the past twelve months. The data highlights fluctuations in revenue at each location, including periods of growth and decline. Totals reflect net revenue and include refunds issued due to weather-related cancellations or instructor availability.
Monthly Tennis Court Reservation Revenues
Month MHHS Central
Park
Month MHHS Central Park % Change
August 2026 $196.00 $4,848.00 Aug 2025 $501.00 $4,672.00 (2%) July 2026 $48.00 $3,372.00 July 2025 $424.00 $3,628.00 (16%) June 2026 $160.00 $3,382.00 June 2025 $520.00 $4,584.00 (31%) May 2026 $664.00 $4,794.00 May 2025 $352.00 $4,404.00 15% April 2026 $476.00 $3,824.00 April 2025 $464.00 $4,118.00 (6%) March 2026 $864.00 $5,024.00 Mar 2025 $420.00 $4,196.00 28% February 2026 $852.00 $4,088.00 Feb 2025 $636.00 $3,636.00 16% January 2026 $948.00 $4,282.00 Jan 2025 $460.00 $4,500.00 5% December 2025 $516.00 $3,564.00 Dec 2024 $308.00 $3,884.00 (3%) November 2025 $856.00 $5,148.00 Nov 2024 $332.00 $4,396.00 27% October 2025 $560.00 $4,928.00 Oct 2024 $576.00 $5,135.00 (4%) September 2025 $356.00 $4,500.00 Sept 2024 $565.00 $3,776.50 12% Total $6,496.00 $51,754.00 $5,558.00 $50,929.50 3%
Facility Usage:
Indoor Facility Use – The following graph provides an overview of indoor facility usage at the Firehouse Community Room, Town Hall meeting rooms, and the Unity Center for the month of August 2026.
Bookings include both internal reservations for City-sponsored programs and activities, as well as MHMAsponsored activities held at the Unity Center. The data illustrates overall space utilization across facilities during August 2026.
Facility # of Bookings Total Revenue
Firehouse Community Room 17 $745.00
Town Hall Boardroom 46 $924.00
Town Hall Central Lobby 5 $350.00
Town Hall TH-1 69 $360.00
Town Hall Town Hall Main Lobby 33 $1,905.75
Unity Center Unity Center A/B 26 $2,173.00
TOTAL 196 $6,457.75
Item 9.2
Mountain House Page 255 of 269
5 Park Use – The following graph illustrates park usage for the month of August 2026, including rentals for organized sporting leagues and private use at Altamont Village Park, Central Community Park, Cordes Village Park, Hansen Village Park, and Wicklund Village Park. The data reflects overall park utilization across these facilities during August 2026.
Location Facility # of Bookings Total Revenue
Altamont Village Park Baseball Diamond 83 $1,075.00
Altamont Village Park Field B 72 $525.00
Bethany Village Park Field A 50 $880.00
Central Community Park Field A 3 $75.00
Central Community Park Field C 8 $243.00
Central Community Park
Field D – Baseball Diamond
ONLY 6 $1,235.00
Cordes Village Park Softball Diamond 18 $850.00
Cordes Village Park Field B 30 $375.00
Cordes Village Park Field C 30 $375.00
Cordes Village Park Field D 40 $985.00
Hansen Village Park Softball Diamond 20 $950.00
Wicklund Village Park Baseball Diamond 18 $335.00
TOTAL 378 $7,903.00
Picnic Use – The following graph shows picnic usage for August 2026, including rentals for private use at Central Community Park, Cordes Village Park, Hansen Village Park, and Wicklund Village Park. The data reflects the overall utilization of picnic facilities during August 2026.
Location Facility # of Bookings Total Revenue
Central Community Park
Picnic Area A – Interactive
Water Fountain 9 $620.00
Central Community Park
Picnic Area B – Basketball
Courts 6 $180.00
TOTAL 15 $800.00
Development Engineering
Development Engineering continues to support active development throughout the community.
In Review/Process Approved
Improvement Plans 37 2
Final Maps and Parcel Maps 6 1
Developer Agreements 10 0
Accepted Projects 11 1
Infrastructure and Civil Improvements
Item 9.2
Mountain House Page 256 of 269
6 South Community Park
Work is underway at the approximately 22-acre South Community Park site in College Park, with initial light grading activities taking place. A formal groundbreaking event is tentatively scheduled for October
14. The park is planned to include soccer fields, a cricket pitch, basketball and beach volleyball courts, playgrounds, dog parks, picnic shelters, a game zone, teen hangout area, walking paths, community garden, and supporting parking and maintenance facilities.
Neighborhood A7 – Tract 4040 (College Park Area)
Tri Pointe continues construction of civil improvements, joint trench, streetlights, and corridor landscaping. Construction of the traffic signal at Central Parkway and Nasergholi Avenue is anticipated to begin end of calendar year 2026.
Neighborhoods A5 – Tract 3609 and B1 – Tract 3610 (College Park Area) Shea Homes continues construction of civil improvements, joint trench, streetlights, landscaping, the A5 Mini Park, and the A5 corridor improvements.
Neighborhoods B6, B7, and B8 – Tract 3619 (College Park Area) Landscape corridor improvements are under construction.
Neighborhood F – Tracts 4210 and 4211 (South of Town Center and Mountain House Parkway) Lennar is constructing civil improvements, joint trench, streetlights, and landscaping for Tracts 4210 and 4211.
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7 Neighborhood H – Tract 4212 (Questa Village Area)
Civil improvements, joint trench, and streetlight construction are underway, while staff reviews the associated landscape improvement plans.
Neighborhood H – Tract 4216 (Questa Village Area)
Risewell is constructing Phase 2 civil improvements, joint trench, and streetlights. Phase 3 civil improvement plans remain under review.
Neighborhood I (Lakehaven Area)
Mountain House Developers is constructing Tracts 4199, 4200, 4201, and 4202. Staff is also reviewing improvement plans for future Lakehaven phases, including utility infrastructure, pump stations, streetlights, and additional residential tracts, and preparing improvement agreements associated with final maps.
Neighborhood J (Lakeshore Area)
Lennar is constructing residential infrastructure, neighborhood parks, the railroad buffer trail, and landscape improvements for Tracts 3968–3972. Mountain House Developers is constructing Tracts 3973– 3975, Central Parkway, and Great Valley Parkway. Staff is also reviewing plans for future landscape improvements, Byron Road improvements, railroad crossings, and related infrastructure.
Neighborhood K (Lakeview Area)
Mountain House Developers is constructing in-tract landscape improvements.
Neighborhood L
City staff is working with developers and designers on improvement plan review for Todarmal Parkway, including civil, bridge, joint trench, streetlight, traffic signal, and landscape plans.
Town Center
Staff is reviewing improvement plans for the Aquatic & Recreation Center and Town Center Phase 3 improvements. Construction is also underway on the Veterans Liberty Garden.
Planning Applications
2026 data Received Approved (includes some 2025 applications) Design Review applications 1 2
Administrative applications (staff review) 4 9
Land Use change applications (CC review) 1 1
Tentative Subdivision Map applications 2 1
CFF & TIF Update
City staff continues to work with Harris & Associates on updates to the Community Facilities Fee (CFF) and Transportation Improvement Fee (TIF) programs. An updated draft traffic study has been completed, and staff is refining the 2040 land use assumptions, including projected square footage for future commercial and industrial development. Review of eligible projects, current costs, and other fee program assumptions is also ongoing.
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8 Preliminary calculations have resulted in fee levels higher than anticipated. Staff is evaluating the underlying assumptions and potential approaches to ensure the updated fee programs adequately fund the infrastructure needed to support future growth while remaining mindful of development feasibility and the City’s long-term economic development objectives. Additional analysis and stakeholder engagement will occur before recommendations are brought forward for City Council consideration.
Commercial and Community Development
Mountain House Shopping Center (Hansen Village – Neighborhood Commercial) City reviews are complete, and site development is underway. The applicant continues to coordinate building permits and inspections through San Joaquin County.
Wicklund Crossing (Wicklund Village – Neighborhood Commercial) Planning and Design Consistency Review Committee approvals are complete. Civil and landscape plans have been approved, and building plans have been finalized.
Mustang Square (Commercial Development)
Construction continues under San Joaquin County Building Division oversight. Confirmed tenants include Starbucks, Chipotle, Domino’s Pizza, Nékter Juice Bar, Wingstop, Vijithea Indian Super Market, and ARCO.
Self-Storage Project – Neighborhood H (General Commercial) The three-story U-Stor-It self-storage facility was approved on July 27, 2026.
Zaytech Academy – 230 S. Sterling Drive
The property owner is seeking Planning approval for a private school as the primary tenant of the existing building. The proposal also includes limited outdoor recreation facilities, including a playground structure, on the adjacent parcel to the north under the same ownership.
The application, originally submitted in February, remains under active review as staff and the applicant work through final revisions and planning comments. Staff anticipates completing the review process in the near term.
Mustang-Central Retail
SRM Properties has proposed an approximately 45,000-square-foot commercial retail center at the northeast corner of Central Parkway and Mustang Way. The proposal includes retail buildings, parking, and landscaping and requires a General Plan amendment and zone change from Public Facilities (P-F) to Community Commercial (C-C). The application remains under review.
Public Works Operations Report – August 2026
Public Works received 234 service requests in August, compared with 213 in July. Of the August requests, 122 were closed, 60 were completed and marked “Work Done,” and 52 remained open at the end of the month. Year to date, Public Works has received 1,438 service requests.
August activity was primarily related to streets and transportation, parks and landscaping, and City facility maintenance. Notable trends included an increase in traffic and road sign requests, continued irrigation and landscape maintenance during the summer months, and increased internal facility maintenance activity.
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9 Performance Indicators
Performance Measure July 2026 August 2026 YTD 2026
Total Service Requests 213 234 1,438
Closed Service Requests 185 122 1,256
Work Done 1 60 62
Open Service Requests 27 52 120
Active Capital Improvement Projects 7 7 7
Active Development Projects 6 6 6
Streets & Transportation
Transportation-related requests remained a significant area of activity during August. Traffic and road sign requests increased from 2 in July to 11 in August, while streetlight and traffic signal maintenance requests declined slightly. Staff also addressed sidewalk, street sign, and pothole repairs throughout the City.
Performance Measure July 2026 August 2026 YTD 2026
Street Light Maintenance 18 15 99
Traffic Signal Maintenance 9 6 37
Street Sign Repairs 3 3 18
Traffic / Road Sign Requests 2 11 20
Sidewalk Repairs 7 8 39
Pothole Repairs 1 3 5
Parks & Landscape
Summer irrigation and landscape maintenance continued to drive activity during August. Staff addressed 13 irrigation repairs, along with landscaping, tree, and park facility requests. Park facility requests increased from four in July to eight in August, while tree-related requests declined.
Performance Measure July 2026 August 2026 YTD 2026
Irrigation Repairs 10 13 70
Public Landscaping 8 8 53
Neighborhood Tree Concerns 7 6 39
Fallen Trees / Tree Limbs 7 4 23
Park Facilities 4 8 23
Play Equipment 1 0 11
Park Furnishings 2 1 4
Facilities & Operations
Internal facility maintenance requests increased from three in July to nine in August. Staff also addressed graffiti and drinking fountain repairs while continuing work on the City’s access control replacement and fleet maintenance programs.
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10 Performance Measure July 2026 August 2026 YTD 2026
Internal Facility Maintenance 3 9 44
Graffiti Removal 3 2 11
Drinking Fountain Repairs 0 2 5
Access Control Replacement Ongoing Ongoing Ongoing
Fleet Maintenance Program Ongoing Ongoing Ongoing
Capital Improvement Program
The City continues to advance capital projects through design, procurement, grant coordination, and preconstruction activities. Current project status and upcoming milestones are summarized below.
Project Current Status Next Milestone
Fire Station 1 Radio
Antenna Improvements
Final foundation design has been
received, and the tower lease is
under City Attorney review.
Complete tower lease coordination
and obtain informal bids for
concrete foundation work.
EV Charging Station Design procurement and
coordination of the cooperative
agreement with San Joaquin County
are underway.
Cooperative agreement anticipated
for consideration by the San
Joaquin County Board of
Supervisors on October 6;
preliminary engineering targeted
for completion in spring 2027.
Transit Feasibility Study Staff is coordinating with Access San Joaquin on ADA assessments
and potential Uber grant funding.
Transportation Forum scheduled
for October 7; continue ADA
assessment and grant coordination.
HSIP Bikeway
Improvements
Right-of-way and Plans,
Specifications and Estimate (PS&E)
certification activities are
underway.
Begin Caltrans review in fall 2026
following completion of required
certifications.
Traffic Signal
Synchronization
Network server acquisition is
underway.
Installation targeted for September
30, with project completion
anticipated in fall 2026.
Sidewalk Repair Program Gouveia Engineering is preparing the redesign.
Complete design in September
2026 and proceed toward
construction, with completion
targeted for January 2027.
Construction Activities
Construction remains active across several residential developments, with Public Works providing inspection, permitting, right-of-way coordination, and infrastructure acceptance support.
Construction Activity Current Status
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11 Lennar Tracts 4210 and 4211 have been paved, with wall, utility, streetlight, striping, and landscaping work underway. Tract 4212 is advancing through curb, gutter, and paving activities.
Shea Homes Tract 3609 has been paved and vertical construction is underway.
Streetlight and mini-park improvements continue within Tract 3610.
Pulte Subdivision improvements are complete, with outstanding deficiency and acceptance activities underway. Vertical construction continues.
School District – Central
Parkway/Grant Line Road
Staff continues to coordinate City permitting, plan review, business license requirements, and right-of-way activities associated with the project.
Central Parkway/Nasergholi
Avenue Traffic Signal
Construction is awaiting delivery of signal poles and equipment.
Public Works Administration & Strategic Initiatives
Public Works continues to support procurement, contract administration, grant coordination, customer service, and implementation of several Citywide initiatives.
Program Current Status / Upcoming Milestone
Red-Light Camera
Program
All 14 camera locations are operational. Program administration, citation processing, and reporting continue.
On-Call Professional
Services
Survey agreements are moving through the signature process. Construction management and inspection proposals are due September 9, with City Council consideration targeted for October 14.
Traffic Calming & Truck
Routes
Staff continues to coordinate truck routes associated with active development and monitor roadway conditions related to construction activity.
Grants Work continues on CalRecycle rubberized pavement funding and EV charging grant coordination, along with other infrastructure funding opportunities.
CUPCCAA
Implementation
CUPCCAA procedures are being incorporated into upcoming maintenance, park restroom, access control, and emergency repair procurements.
Looking Ahead – September & October 2026
• September 9 – On-call Construction Management RFQ submittals due. • September 15 – Floodplain Management milestone.
• September 25 – Local Streets and Roads design completion target. • September 30 – Traffic Signal Synchronization server installation and HSIP certification targets. • October 6 – Tentative Board of Supervisors action for the EV Charging Station cooperative agreement.
• October 7 – Transportation Workshop.
• October 12 – Target construction starts for tennis court conversion to Pickleball. • October 14 – Multiple Council items, including Streetlight/Signal Maintenance, park restroom amendment, landscaping amendments, tree maintenance, and on-call CMI award. • October 30–31 – Target completion for Traffic Signal Synchronization and tennis court conversion.
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12 ASR Well Project
Test Bore 1 at the Water Quality Basin reached a depth of 1,200 feet on July 12. Geophysical logging was completed on July 13, and zonal sampling and testing are underway at three depth intervals to evaluate subsurface conditions and water quality. Field work for the Test Bore Program is expected to continue through early October.
Pathogen Monitoring
The City continues to participate in regional wastewater pathogen monitoring, which provides a community-level indicator of virus activity. Recent wastewater monitoring shows an increase in SARSCoV-2 levels beginning in July and continuing through early September 2026, following relatively low levels earlier in the year. Attachment A provides wastewater monitoring trends for the Mountain House Wastewater Treatment Plant.
ATTACHMENTS
A. Pathogen Levels for City of Mountain House Wastewater Treatment Plant B. Red Light Camera update as of August 21, 2026
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Mountain House Page 266 of 269 Tuesday, September 8, 2026 - YAC
Board Chambers at 7:00 p.m.
Wednesday, September 9, 2026 - Regular City Council Meeting Board Chambers at 7:00 p.m.
ITEM
Closed Session: City Manager Annual Performance Review
Side Letter with SJ Sheriff
Take a position on the CalCities Proposed Resolution
Strategic Plan Update
Second Reading - MHD CR Land Use Ordinances
CUPCCA Ordinance
Discussion Item: Unity Center/Joint Use Agreement with MHMA Thursday, September 10, 2026 - CalCities Central Division General Membership Meeting 6:00 PM - 8:00 PM Riverbank, CA
Thursday, September 17, 2026 - SJCOG Board of Directors 555 E. Weber Avenue, Stockton, CA 95202 at 4:00 p.m.
Friday, September 18, 2026 - Tennis Center Grand Opening 4:00 p.m. Central Community Park Tennis Center (Providence Street) Wednesday, September 23, 2026 - City Council Meeting - Canceled Board Chambers at 7:00 p.m.
Wednesday, September 23rd - Friday, September 25, 2026 CalCities Annual Conference Anaheim, CA
Saturday, September 26, 2026 - City Event: Multi Cultural Celebration 3:00 p.m. - 9:00 p.m. - Central Community Park
Thursday, October 1, 2026 - General Plan Update Public Meeting (Tentative) Board Chambers at 7:00 p.m.
Wednesday, October 7, 2026 - It Takes a Village: Transportation Board Chambers at 7:00 p.m.
Tuesday, October 13, 2026 - YAC
Board Chambers at 7:00 p.m.
Wednesday, October 14, 2026 - Valley Link Board Meeting 2:00 p.m. Board Chambers
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Wednesday, October 14, 2026 - Tentative - Ground Breaking South Community Park 5:30 South Community Park
Wednesday, October 14, 2026 - Regular City Council Meeting Board Chambers at 7:00 p.m.
ITEM
Public Hearing Risewell Tentative Map NH B (Tract 4168) Report on the Public Review Draft Housing Element by Placeworks Gachina Contract Amendment
Utility Bonds
ezWave Contract Amendment (Installation Contract - only) St. Francis Contract Amendment
West Coast Arborist Contract Amendment
Joint Use agreement with Mountain House Muslim Association Public Restroom Company Contract Amendment
Water Update
Thursday, October 22, 2026 - SJCOG Board of Directors
555 E. Weber Avenue, Stockton, CA 95202 at 4:00 p.m.
Wednesday, October 28, 2026 - Regular City Council Meeting Board Chambers at 7:00 p.m.
ITEM
Friday, October 30, 2026 - City Event: Spooky Safety Stroll 2:00 p.m. - 5:00 p.m. - Town Hall Lobby/Board Chambers
Tuesday, November 10, 2026 - YAC
Board Chambers at 7:00 p.m.
Saturday, November 14, 2026 - City Event: Veteran's Day Liberty Garden Ribbon Cutting 11:00 a.m. - 1:00 p.m. - Veteran's Liberty Garden
Wednesday, November 18, 2026 - Regular City Council Meeting Board Chambers at 7:00 p.m.
ITEM
Wednesday, November 25, 2026 - Holiday No Meeting Scheduled Thursday, December 3, 2026 - SJCOG Board of Directors
Item 10.1
Mountain House Page 268 of 269 555 E. Weber Avenue, Stockton, CA 95202 at 4:00 p.m.
Saturday, December 5, 2026 - City Event: Holiday Light Parade/Tree Lighting 5:00 - 9:00 p.m. Central Park Way and Town Hall Plaza, Amphitheater Tuesday, December 8, 2026 - YAC
Board Chambers at 7:00 p.m.
Wednesday, December 9, 2026 - Regular City Council Meeting Board Chambers at 7:00 p.m.
ITEM
Prop 218 Overview Update
Election Certification/Oath of Office
Selection of a Vice Mayor
ACFR
Set Meeting Dates for 2027
Genral Plan Adoption
AB 1600 Report
Thursday, December 10, 2026 - CalCities Central Division General Membership Meeting Location/Time TBD
Saturday, December 12, 2026 - City Event: Breakfast with Santa 8:00 a.m. - 12:00 p.m. - Unity Center
Wednesday, December 23, 2026 - Holiday No Meeting Scheduled Board Chambers at 7:00 p.m.
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