AGENDA CITY OF PLYMOUTH City Council REGULAR MEETING THURSDAY, JUNE 12, 2025 Council Chambers 9426 Main Street, Plymouth, California MO - 4 - - V Peter Amoruso, Mayor Don Nunn, Vice Mayor Wendy Cranford, Council Member Rusty Folena, Council Member Holger Hornisch, Council Member PLEASE NOTE: The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on the agenda. Members of the public who wish to speak may be subject to a three (3) minute maximum time limit when addressing the Council, and/or the City may require speaker identification sheets be submitted to the City Clerk prior to being called upon by the Mayor to provide public comment. CITY OF PLYMOUTH CITY COUNCIL REGULAR MEETING AGENDA THURSDAY, June 12, 2025 COUNTY 6:30 PM Members of the public not attending in-person may submit written comments prior to the meeting by emailing comments to the City Clerk at ymchenry@cityofplymouth.org before 3:30 PM on the day of the meeting. Emailed public comments will be distributed to the City Council and made part of the official record. City Council Chambers - 9426 Main Street - Plymouth, CA Peter Amoruso, Mayor Don Nunn, Vice Mayor Wendy Cranford, Council Member Holger Hornisch, Council Member Rusty Folena, Council Member MISSION STATEMENT The City of Plymouth preserves our small-town atmosphere and provides fiscally responsible services that fulfill public needs while protecting their quality of life. 1. CALL TO ORDER/ROLL CALL: Roll Call Pledge of Allegiance 2. APPROVAL OF CITY COUNCIL REGULAR MEETING AGENDA OF JUNE 12, 2025 3. PUBLIC COMMENT Under provisions of the Government Code, citizens wishing to address the Council for any matter not on the agenda may do sO at this time. Please submit a completed Speaker Submittal Form to the City Clerk. Comments are limited to three minutes or less and speakers are requested to state their name and community of residence. For public comments on agendized items, speakers will be called by the Mayor at the point on the agenda when the item will be heard. The City Council is prohibited from materially discussing or acting on any item not on the agenda unless it can be demonstrated to be of an emergency nature or an urgent need to take immediate action arose after the posting of the agenda. 4. PRESENTATIONS/PROCLAMATIONS/APPOINTMENTS: 4.1 PRESENTATION FROM AMADOR WATER AGENCY GENERAL MANAGER LARRY MCKENNEY RECOMMENDATION: RECEIVE PRESENTATION 4.2 PRESENTATION FROM AMADOR COUNTY RECREACTION AGENCY RECOMMENDATON: RECEIVE PRESENTATION 5. CONSENT CALENDAR ITEMS: All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, members of the Council, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action. June 12, 2025 AGENDA 1 5.1 CORRESPONDENCE 5.2 APPROVE THE REGULAR MEETING MINUTES OF MAY 8, 2025 5.3 RECEIVE THE MAY: 2025 WARRANT REGISTER 5.4 ADOPT RESOLUTION 2025-12 AUTHORIZING A CONTRACT BETWEEN THE CITY OF PLYMOUTH AND DENOVO PLANNING GROUP TO COMPLETE AMENDMENTS TO THE HOUSING ELEMENT IN AN AMOUNT NOT TO EXCEED $6,300 6. PUBLIC HEARINGS: 6.1 CONSIDER REZONE OF FIVE (5) PROPERTIES OWNED BY SUTTER HOME WINERY, INC. FROM AGRICULTURE/PLANNED DEVELOPMENT TO AGRICULTURE AND THE DELETION OF AN EXISTING DEVELOPMENT AGREEMENT BETWEEN SUTTER HOME AND THE CITY OF PLYMOUTH RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL: 1. HOLD THE PUBLIC HEARING 2. SCHEDULE THE SECOND READING FOR JUNE 26, 2025 7. REGULAR AGENDA TEMS 7.1 UPDATED PRESENTATION ON WATER AND WASTEWATER RATE STUDY AND REQUESTING CITY COUNCIL INPUT AND DIRECTION TO DO PROP 218 RATE SETTING RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL: 1. RECEIVE UPDATED PRESENTATION ON THE PROPOSED ADJUSTMENTS TO WATER AND WASTEWATER RATE 2. CHOOSE A RATE SCENARIO 3. AUTHORIZE STAFF TO INITIATE THE PROPOSITION 218 NOTIFICATION PROCESS, INCLUDING THE MAILING OF NOTICES TO ALL AFFECTED PROPERTY OWNERS AND RATEPAYERS 4. SET A DATE FOR THE PUBLIC HEARING AS JUNE 26TH TO CONSIDER ADOPTION OF THE PROPOSED RATE ADJUSTMENTS 7.2 SELECTION FOR LANDSCAPE CONTRACTOR FOR THE ZINFANDEL SERVICES DISTRICT RECOMMENDATION: BASED ON THE PROPOSALS RECEIVED, INPUT FROM THE HOA-SELECTED COMMITTEE, PUBLIC COMMENT, AND THE CITY COUNCIL'S DELIBERATION, STAFF RECOMMENDS THAT THE CITY COUNCIL DIRECT STAFF TO ENTER June 12, 2025 AGENDA 2 INTO NEGOTIATIONS WITH NEW IMAGE LANDSCAPE FOR THE PROVISION OF SERVICES IF STAFF IS UNABLE TO REACH AN AGREEMENT WITH NEW IMAGE LANDSCAPE, IT IS FURTHER RECOMMENDED THAT THE COUNCIL AUTHORIZE STAFF TO INITIATE NEGOTIATIONS WITH CALIFORNIA LANDSCAPING & DESIGN AS THE SECONDARY OPTION 7.3 ADOPT RESOLUTION 2025-13 APPROVING THE LIST OF PROPOSED PROJECTS TO BE FUNDED BY THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR THE FISCAL YEAR 2025/26, AS REQUIRED BY THE CALIFORNIA TRANSPORTATION COMMISSION (CTC) FOR FUNDING ELIGIBILITY UNDER THE LOCAL STREETS AND ROADS FUNDING PROGRAM RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT RESOLUTION 2025-13 APPROVING THE LIST OF PROPOSED PROJECTS TO BE FUNDED BY THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR FISCAL YEAR 2025/26, AS REQUIRED BY THE CALIFORNIA TRANSPORTATION COMMISSION (CTC) FOR FUNDING ELIGIBILITY UNDER THE LOCAL STREETS AND ROADS FUNDING PROGRAM 7.4 CONSIDER REDUCING THE FREQUENCY OF CITY COUNCIL AND PLANNING COMMISSION MEETINGS TO ONCE PER MONTH RECOMMENDATION: STAFF RECOMMENDS REDUCING THE NUMBER FROM TWO TO ONE MEETING PER MONTH 8. COUNCILSTAFF COMMUNICATIONS = Brief reports on matters of general interest 8.1 CITY MANAGER'S REPORT 8.2 MAYOR & COUNCIL MEMBERS' REPORTS 8.3 COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS 9. CLOSED SESSION: 9.1 CONSIDERATION OF LIABILITY CLAIM Pursuant to Gov. Code $54956.95 CLAIMANT: JIM AND TERESA NAVE AGENCY CLAIMED AGAINST: CITY OF PLYMOUTH 9.2 CONFERENCE WITH LEGAL COUNSEL = ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov Code 54956.9(d)(2): 1 case 10. REPORT OUT ON CLOSED SESSION June 12, 2025 AGENDA 3 11. ADJOURNMENT LEVINEACT PUBL ICF PARTYIAPPLICANT DISCL OSURE OBLI IGATIONS: Applicants, parties, and their agents who have made campaign contributions totaling more than $500 (aggregated) to a Council Member over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Council Member(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration. The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of parteslapplicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law. ADDITIONALI INFORMATION Public documents related to an item on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the City Clerk's office located in Plymouth City Hall and at the time of the meeting. Persons interested in proposing an item for the City Council Agenda should contact a member of the City Council, or the City Manager. NOTICE: As presiding officer fort this meeting, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disruptive conduct, and to enforce the rules of the Council. In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk's Office at (209) 245-6941 prior to the meeting. CERTIFICATION OF POSTING OF AGENDA I, Victoria McHenry, City Clerk for the City of Plymouth, declare that the foregoing agenda for the June 12, 2025, Regular Meeting of the Plymouth City Council was posted and available for review on June 6, 2025, at the City Hall of the City of Plymouth, 9426 Main Street, Plymouth, California, 95669. The agenda is also available on the city website at cityofplymouth.ory. Signed at Plymouth, California IIsll Victoria McHenry City Clerk June 12, 2025 AGENDA 4 3 PUBLIC COMMENT PRESENTATIONS PROCLAMATIONS APPOINTMENTS 5.1 CORRESPONDENCE Important Message: PESE PG&E has resources to help you prepare your business in case of wildfire safety outages To help keep your business and employees safe, wildfire safety Qutages may be needed when risk is high. G EIV E MAY 2 7 2025 Tools to help you prepare: Visit pge.com/outageprep to sign up for alerts and learn mbreraboutsupport- BYA available during an outage. Stay informed by updating your contact information at pge.com/myalerts. Direct your employees to call 211, text 'Prepare' to 211-211 or visit 211.org during an outage to get connected to local food banks, transportation and more. Resources to keep power on for your business: The Backup Power Transfer Meter Program makes it easy to safely switch to a backup power source during an outage. The Generator and Battery Rebate Program offers a financial rebate to add a backup power system to your business. The Self-Generation Incentive Program helps you save money on battery storage installation. To view the qualifications and apply to these programs, visit ge.com/ackuppower. Learn more about To view our safety resources to keep efforts in your area, visit your ousiness running pge.com/progressmap. at pge.com/smbsupport. For translation support in 240+ languages, or to request a print material in Braille, large print or audio, call 1-800-743-5000. Some of the measures included in this document are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. "PG&E" refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. 02025 Pacific Gas and Electric Company. AlL rights reserved. CCC-0525-5054. 4/2/2025. May 18,2035 To whom d may CUNCeRN: L . am whieng this lettu 3h suppat 38 Cwhs Cantwil. He has wooked asound Olwr house mang times vohile wakng the edy Plymoulh. He wan aluaig u fnenly s He alway compild Nuer * Mesd tu lyt 07 damage haue neue Alen Ban u $ clan up. e 2 Joning anpund Valkung with neiçkonu Cutia wRA aA pHhr enpinyun 0 Y Plymaath. Dyellent A4paahfhu trats She wai EL ClKA D shame hoo he he aty 2 Plymash Wo dl be lueky. chheur % behaviozs F dlotné Kul them 0 sevcal 8 Bingyly ehlpile n RECEIVED MAY 15 2025 big Haphr Plymouth, City of Plymouth CA 95669 DEGETU VE MAY 1 6 2025 May 16, 2025 BY: Vaay Michael Moreno Plymouth, CA 95669 To the Members of the City Council: am compelled to write this letter in light of a certain event that took place involving a former employee, Curtis Cantwell. Ih have nothing but respect for his devotion, dedication, integrity and his willingness to work hard at getting the job done and doing it right. Ih have a walking routine I maintain almost on a daily basis and have become acquainted with the maintenance crew. also have become observant of their work routines. The evidence of his absence is very noticeable in the areas around town that he routinely managed. They are either not being performed or not being performed to the same high standards as Curtis would have done. It would benefit both the community and city to reinstate his employment. Sincerely, Michael Moreno ml DATE: May 30, 2025 TO: STATE, CITY AND LOCAL OFFICIALS NOTICE OF PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST TO CHANGE RATES FOR ITS 2026 ERRA FORECAST APPLICATION (A.25-05-011) E D V E Acronyms you need to know PG&E: Pacific Gas and Electric Company JUN 0 California 4 2025 CPUC: Public Utilities Commission Why am I receiving this notice? On May 15, 2025, PG&E filed its Energy Resource Recovery Account (ERRA) Forecast application with the CPUC requesting approval to change rates for the following: e Recovery of $2.705 billion in costs related to fuel needed to produce electricity as well as buying energy from third parties to serve bundled customer loads that are included in ERRA . Setting certain charges for bundled and departing load customers for the recovery of costs of PG&E's portfolio that are included in the Power Charge Indifference Adjustment (PCIA), Ongoing Competition Transition Charge (CTC), Cost Allocation Mechanism (CAM), and Public Purpose Program (PPP) rate Certain costs included in this application are associated with renewable resources to further the state's energy policy goals. In addition, as part of this application, PG&E customers will also receive the California Climate Credit. The credit will be applied twice a year-in April 2026 and October 2026-for residential and eligible small business electric customers. Eligible EITE emission-intensive and trade-exposed) electric customers will receive the credit during April 2026. Why is PG&E requesting this rate change? The ERRA Forecast proceeding is the regulatory process to forecast fuel and purchased power costs which can be recovered in customer rates. While this may result in a change in rates, PG&E recovers these costs with no markup for return or profit. If the CPUC approves this application, PG&E will recover its costs in electric rates effective January 1, 2026. PG&E will update its rate proposal later in the year to reflect any CPUC directives impactful to PG&E's rate request and updated market conditions, as well as update other proposals submitted in this application. Notably, CPUC Rulemaking 25-02-005 is considering changes to cost allocation calculation and a decision may impact PG&E's updated rate proposal. Further, market prices may be higher or lower than at the time the application was filed. These factors may result in higher or lower rates and bill impacts than those initially presented. In addition, at the end of the year, PG&E will compare actual costs to the revenues forecasted in this application and will apply any differences toward next year's application. How could this affect my monthly electric rates? Many customers receive bundled electric service from PG&E, meaning they receive electric generation, transmission, and distribution services. Detailed rate information will be sent directly to customers in a bill insert in June 2025. The bill for a typical residential customer using 500 kWh per month would decrease from $214.93 to $204.02 or 5.1%. Direct Access (DA) and Community Choice Aggregation (CCA) customers receive electric transmission and distribution services and select Commission-ordered services from PG&E. On average, rates for services provided by PG&E to these customers would increase by 3.9% if this application is approved. DA providers and CCAs set their own generation rates. Check with your DA provider or CCA to learn how this would impact your overall bill. Another category of nonbundled customers is Departing Load. These customers do not receive electric generation, transmission, or distribution services from PG&E. However, these customers are required to pay certain charges by law or CPUC decision. On average, existing Departing Load customers would see a rate decrease of 3.8%. Actual impacts will vary depending on usage and are subject to CPUC regulatory approval. 1 How does the rest of this process work? This application will be assigned to a CPUC Administrative Law Judge who will consider proposals and evidence presented during the formal hearing process. The Administrative Law Judge will issue a proposed decision that may adopt PG&E' 's application, modify it, or deny it. Any CPUC Commissioner may sponsor an alternate decision with a different outcome. The proposed decision, and any alternate decisions, will be discussed and voted upon by the CPUC Commissioners at a public CPUC Voting Meeting. Parties to the proceeding may review PG&E's application, including the Public Advocates Office, which is an independent consumer advocate within the CPUC that represents customers to obtain the lowest possible rate for service consistent with reliable and safe service levels. For more information about the Public Advocates Office, please call 1-415-703-1584, email: PublicAdvocatesolmice@epuc.ca.gov or visit PublicAdvocates.cpuc.ca.gov. Where can I get more information? CONTACT PG&E If you have questions about PG&E's filing, please contact PG&E at 1-800-743-5000. For TTY call 711. Para obtener màs informacion sobre como este cambio podria afectar su pago mensual, llame al 1-800-660-6789 1-800-893- 9555 If you would like an electronic copy of the filing and exhibits, please write to the address below: Pacific Gas and Electric Company 2026 ERRA Forecast Application (A.25-05-011) P.O. Box 1018 Oakland, CA 94604-1018 CONTACT CPUC Please visit PACPICCAgOVCA2OSOT to submit a comment about this proceeding on the CPUC Docket Card. Here you can also view documents and other public comments related to this proceeding. Your participation by providing your thoughts on PG&E's request can help the CPUC make an informed decision. If you have questions about CPUC processes, you may contact the CPUC's Public Advisor's Office at: Email: PubicAbMsor@epucagor Mail: CPUC Public. Advisor's Office 505 Van Ness Avenue San Francisco, CA 94102 Call: 1-866-849-8390 (toll-free) or 1-415-703-2074 Please reference PG&E's 2026 ERRA Forecast Application 25-05-011 in any communications you have with the CPUC regarding this matter. 2 DATE: May 30, 2025 TO: STATE, CITY AND LOCAL OFFICIALS NOTICE OF PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST TO INCREASE RATES TO SUPPORT HISTORIC ELECTRIC DEMAND GROWTH AND INVEST IN SAFE, RELIABLE, CLEAN ENERGY AS PART OF ITS 2027 GENERAL RATE CASE APPLICATION (A.25-05-009) Acronyms you need to know PG&E: Pacific Gas and Electric DEEETVE Company CPUC: California Public Utilities Commission JUN 0 4 2025 GRC: General Rate Case Why am I receiving this notice? On May 15, 2025, PG&E filed its 2027 General Rate Case (GRC) application with the California Public Utilities Commission (CPUC). This filing is required every four years and outlines PG&E's forecasted costs to operate, maintain, and improve its electric and gas systems. If approved by the CPUC, this proposal will result in a $1.237 billion revenue increase for 2027 and additional increases of $1.014 billion (2028), $1.075 billion (2029), and $1.143 billion (2030). These funds will be used to support critical upgrades, including wildfire safety measures, clean energy expansion, and grid improvements for a more reliable system. The CPUC will review the proposal through a public process before making a final decision. Why is PG&E requesting this rate change? PG&E is proposing this rate change to meet California's growing energy needs while improving safety and reliability. The requested increase would fund investments to: . Reduce wildfire risk by installing high-definition cameras, weather stations, strong poles, covered powerlines, and undergrounded powerlines. Expand energy capacity to serve new homes, businesses, electric vehicles, and artificial intelligence data centers. Strengthen climate resilience through microgrids and clean energy projects to improve reliability during extreme weather and high-demand periods. Enhance gas system safety by upgrading infrastructure to keep communities safe and reduce emissions. Ift the CPUC approves this application, beginning January 1, 2027, PG&E will recover these costs through electric and gas customer rates over the four-year period of 2027 to 2030. How could this affect my monthly electric rates? Many customers receive bundled electric service from PG&E, meaning they receive electric generation, transmission, and distribution services. Detailed rate information will be sent directly to customers in a bill insert in June 2025. A typical residential non-CARE' customer using 500 kWh per month would see an increase from $214.93 to $226.11, or 5.2% in 2027, from $226.11 to $232.99, or 3.0% in 2028, from $232.99 to $240.24, or 3.1% in 2029, and from $240.24 to $248.01, or 3.2% in 2030. Direct Access (DA) and Community Choice Aggregation (CCA) customers receive electric transmission and distribution services and select CPUC-ordered services from PG&E. If this application is approved, on average compared to current rates, rates for services provided by PG&E to these customers would increase by 8.1% in 2027, 4.4% in 2028, 4.5% in 2029, and 4.6% in 2030. DA providers and CCAS set their own generation rates. Check with your DA provider or CCA to learn how this would impact your overall bill. Another category of nonbundled customers is Departing Load. These customers do not receive electric generation, transmission, or distribution services from PG&E. However, these customers are required to pay certain charges by law or 1 CARE (California Alternative Rates for Energy) is an income qualified discount program. Electric CARE customers are exempt from certain charges and receive a 35% discount on non-exempt charges, for an overall average discount of approximately 38%. 1 CPUC decision. On average, existing Departing Load customers would see a rate increase of 3.1% in 2027, 1.8% in 2028, 1.9% in 2029, and 2.1% in 2030. Actual impacts will vary depending on usage and are subject to CPUC regulatory approval. How could this affect my monthly gas rates? Bundled gas customers receive transmission, distribution, and procurement services from PG&E. Detailed rate information will be sent directly to customers in a bill insert in June 2025. Based on rates currently in effect, the bill, including the average monthly climate credit, for a typical non-CARE bundled residential customer averaging 31 therms per month would decrease from $83.86 to $83.32, or -0.6% in 2027, and then increase from $83.32 to $86.38, or 3.7% in 2028, from $86.38 to $89.63, or 3.8% in 2029, and from $89.63 to $92.94, or 3.7% in 2030. Actual impacts will vary depending on usage and are subject to CPUC regulatory approval. How does the rest of this process work? This application will be assigned to a CPUC Administrative Law Judge who will consider proposals and evidence presented during the formal hearing process. The Administrative Law Judge will issue a proposed decision that may adopt PG&E's application, modify it, or deny it. Any CPUC Commissioner may sponsor an alternate decision with a different outcome. The proposed decision, and any alternate decisions, will be discussed and voted upon by the CPUC Commissioners at a public CPUC Voting Meeting. Parties to the proceeding may review PG&E's application, including the Public. Advocates Office, which is an independent consumer advocate within the CPUC that represents customers to obtain the lowest possible rate for service consistent with reliable and safe service levels. For more information about the Public Advocates Office, please call 1-415-703-1584, email: PublicAdyocatesOlice@epuc.ca.goy or visit PAbicAdVocisepucageA Where can I get more information? CONTACT PG&E Ify you have questions about this filing, please contact PG&E at 1-800-743-5000. For TTY call 711. Para obtener màs informacion sobre cômo este cambio podria afectar su pago mensual, llame al 1-800-660-6789 . 1-800-893- 9555. Ify you would like an electronic copy of the filing and exhibits, please write to the address below: Pacific Gas and Electric Company 2027 General Rate Case Application (A.25-05-009) P.O. Box 1018 Oakland, CA 94604-1018 CONTACT CPUC Please visit apps.cpuc.ca.govlc/A2505009 to submit a comment about this proceeding on the CPUC Docket Card. Here you can also view documents and other public comments related to this proceeding. Your participation by providing your thoughts on PG&E's request can help the CPUC make an informed decision. Ify you have questions about CPUC processes, you may contact the CPUC's Public Advisor's Office at: Email: Public.Advisor@cpuc.ca.gov Mail: CPUC Public Advisor's Office 505 Van Ness Avenue San Francisco, CA 94102 Call: 1-866-849-8390 (toll-free) or 1-415-703-2074 Please reference the 2027 General Rate Case Application A.25-05-009 in any communications you have with the CPUC regarding this matter. 2 5.2 CITY OF PLYMOUTH CITY COUNCIL REGULAR MEETING MINUTES DRAFT THURSDAY, MAY 8, 2025 a DUNTY 6:30 PM Members of the public not attending in-person may submit written comments prior to the meeting by emailing comments to the City Clerk at vmchenry@cityofplymouth.org before 3:30 PM on the day of the meeting. Emailed public comments will be distributed to the City Council and made part of the official record. City Council Chambers - 9426 Main Street - Plymouth, CA Peter Amoruso, Mayor Don Nunn, Vice Mayor Wendy Cranford, Council Member Holger Hornisch, Council Member Rusty Folena, Council Member MISSION STATEMENT The City of Plymouth preserves our small-town atmosphere and provides fiscally responsible services that fulfill public needs while protecting their quality of life. 1. CALL TO ORDER/ROLL CALL: Called to order at 6:30pm COUNCIL MEMBERS PRESENT: Peter Amoruso, Don Nunn, Wendy Cranford, Rusty Folena, Holger Hornisch COUNCIL MEMBERS ABSENT: None STAFFIADVISORY PRESENT: Margaret Roberts, City Manager, Andreas Booher, City Attorney, Sara Mares, NBS, Victoria McHenry, City Clerk, Michael Spinetta, City Treasurer, Dana Knight, Audio/Video Technician STAFFIADVISORY ABSENT: None Flag Salute led by Council Member Cranford 2. APPROVAL OF CITY COUNCIL REGULAR MEETING AGENDA OF MAY8 8, 2025 City Manager Roberts asked that Option 2 be removed from the recommendation portion of Item 7.1. A motion was made by Council Member Cranford, second by Council Member Hornisch to approve the City Council Regular Meeting Agenda with changes. Motion passed with a roll call vote of 5-0. 3. PUBLIC COMMENT Written public comment was submitted from Amy Gomes. Rosemarie and Robert Moody commented about the speeding traffic in a school zone. They are worried someone might be injured and request the City order school zone signs to help slow down traffic. Lorri Wood spoke on behalf of her husband Greg Wood. She expressed her opposition to Public Works staff changes and also feels her husband is entitled to a past cost of living increase from 2022. Curtis Cantwell commented that he feels he was wrongfully terminated from the Public Works department. May 8, 2025 MINUTES 1 He alleged several concerns and wanted to inform the council of his claims. 4. PRESENTATIONS/PROCLAMATIONS/APPOINTMENTS: 4.1 CONSIDER APPOINTMENT OF A COUNCIL MEMBER AS AN ALTERNATE MEMBER TO THE ACRA BOARD RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL APPOINT AN ALTERNATE COUNCIL MEMBER TO THE AMADOR COUNTY RECREATION AGENCY (ACRA) BOARD TO ENSURE CONSISTENT REPRESENTATION FOR THE CITY OF PLYMOUTH Council Member Cranford expressed the scheduling conflicts that have occurred that have made her unable to attend meetings. She is requesting an alternate for meetings she cannot attend. City Attorney Booher stated they would need to look into the bylaws to see who was allowed to attend in her stead. 4.2 APPOINTMENT TO THE VACANT PLANNING COMMISSION SEAT RECOMMENDATION: STAFF RECOMMENDS THAT COUNCIL MEMBER FOLENA MAKE HIS APPOINTMENT TO THE PLANNING COMMISSION Council Member Folena announced he would be appointing Marianne Akerland as a Planning Commissioner. She will be sworn in at the next Planning Commission Meeting. 5. CONSENT CALENDAR ITEMS: 5.1 CORRESPONDENCE 5.2 APPROVE THE REGULAR MEETING MINUTES OF APRIL 10, 2025 5.3 APPROVE THE SPECIAL MEETING MINUTES OF APRIL 30, 2025 5.4 RECEIVE THE APRIL 2025 WARRANT REGISTER 5.5 SECOND READING AND ADOPTION OF AN AMENDMENT TO TITLE 19, ZONING, TO ALLOW INDOOR SMOKING IN THE VILLAGE COMMERCIAL ZONING DISTRICT A motion was made by Council Member Cranford, second by Council Member Hornisch to approve the Consent Calendar as presented. Motion passed with a roll call vote of 5-0. 6. PUBLIC HEARINGS: 7. REGULAR AGENDA ITEMS 7.1 PRESENTATION ON WATER AND WASTEWATER RATE STUDY AND REQUESTING CITY COUNCIL INPUT AND DIRECTION TO DO PROP 218 RATE SETTING RECOMMENDATION: STAFF RECOMMENDS THE FOLLOWING: 1. RECEIVE A PRESENTATION ON THE PROPOSED ADJUSTMENTS TO WATER AND WASTEWATER RATE 2. SET A DATE FOR THE PUBLIC HEARING AS JUNE 12TH TO CONSIDER ADOPTION OF THE PROPOSED RATE ADJUSTMENTS May 8, 2025 MINUTES 2 Written public comment was submitted by Amy Gomes regarding Item 7.1. Sara Mares from NBS presented her PowerPoint of the data that they have gathered SO far. She explained what a rate study is and the process ofi it. The council had several questions for Ms. Mares. Steve Pinotti asked if there was a way to have the water and sewer costs broken down to see where all the monies go to. City Manager Roberts commented that it is in our budget and offered him a copy. Council Member Cranford offered to sit with him and go over it. There was a brief break taken at 7:08pm. Ms. Mares went over the sewer portion of the data they have gathered SO far. After Council discussion they asked that they come back with three different options to choose from to help soften the blow of the upcoming rate changes. 7.2 TOT GRANTS AWARDED BY THE CITY MANAGER IN 2025 AND CONSIDER AWARDING A GRANT FROM THE LAST QUARTER TO FOUR FIRES FOOD & WINE FESTIVAL RECOMMENDATION: RECEIVE AND FILE THE REPORT AND CONSIDER AWARDING THE GRANT Kathleen Mahan presented a recap of the Four Fires Event and its success. She spoke of the events high VIP attendance and the boom of business it brought to our county. A motion was made by Council Member Cranford, second by Council Member Hornisch to award the $5,000 TOT grant to the Four Fires Event. Motion passed with a roll call vote of 5-0. 7.3 ADOPT RESOLUTION 2025-11 APPROVING THE LIST OF PROPOSED PROJECTS TO BE FUNDED BY THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR THE FISCAL YEAR 2025/26, AS REQUIRED BY THE CALIFORNIA TRANSPORTATION COMMISSION (CTC) FOR FUNDING ELIGIBILITY UNDER THE LOCAL STREETS AND ROADS FUNDING PROGRAM RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT RESOLUTION 2025-11 APPROVING THE LIST OF PROPOSED PROJECTS TO BE FUNDED BY THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS FOR FISCAL YEAR 2025/26, AS REQUIRED BY THE CALIFORNIA TRANSPORTATION COMMISSION (CTC) FOR FUNDING ELIGIBILITY UNDER THE LOCAL STREETS AND ROADS FUNDING PROGRAM After Council discussion it was decided by consensus that this item be brought back at the June 12th meeting. There was a brief break at 8:26pm. 7.4 STAFF REPORT ON THE PROGRESS OF THE 4TH OF JULY EVENTS RECOMMENDATION: RECIEVE REPORT AND PROVIDE DIRECTION City Manager Roberts updated the council on the 4th of July plans and our insurance requirements that the City will have to follow. She will follow up with any updates as they occur. 7.5 PUBLIC WORKS REORGANIZATION ELIMINATION OF TWO PART- May 8, 2025 MINUTES 3 TIME MAINTENANCE WORKER POSITIONS (.8 FTE), ADDITION OF ONE CHIEF WASTEWATER TREATMENT OPERATOR POSITION (1 FTE) AND RECLASSIFY THE DIRECTOR OF PUBLIC WORKS TO ADMINISTRATIVE ANALYST RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL APPROVE THE PROPOSED STAFFING CHANGES WITHIN THE PUBLIC WORKS DEPARTMENT AS FOLLOWS: ELIMINATE TWO PART-TIME MAINTENANCE WORKER POSITIONS ADD ONE FULL-TIME CHIEF WASTEWATER TREATMENT PLANT (WWTP) OPERATOR POSITION RECLASSIFY THE PUBLIC WORKS DIRECTOR POSITION TO AN ADMINISTRATIVE ANALYST POSITION TO BE IMPLEMENTED AT A LATER DATE SELECTED BY THE CITY MANAGER Steven Pinotti commented that he didn't know how eliminating a part-time employee would save money. He also asked what the Director of Public Works does now that there is a Public Works Superintendent. Mr. Pinotti asked for clarification as to what an Administrative Analyst would do. Mark Giovanetti spoke against the elimination of the two part-time Public Works positions. He alleged several accusations that he felt had occurred in the workplace. Mr. Giovanett: also stated he felt that Mr. Cantwell was wrongfully terminated. Lorri Wood asked about clarification of hiring family members. Members of the audience were speaking out of turn and out of order. Mayor Amoruso asked that everyone be in order. Curtis Cantwell stated that he has compliments from half the town and feels that he was fired for spraying in the wrong place. City Attorney Booher reminded Mr. Cantwell that he is speaking about an item that is not at hand. Robert Moody spoke about how he was asked to apply for the Superintendent job. He feels that the Public Works Superintendent Davidson is not qualified. Rosemarie Moody asked about maintenance staff and if there is any seniority. She was curious about the restructuring and wanted an explanation of the protocol. City Manager Roberts clarified that this decision was from Public Works Superintendent Boone Davidson. Ms. Moody is curious of the time frame of the change from Director of Public Works to Administrative Analyst. Michael Spinetta commented that Mark Giovanetti gave them their first dollar bill at their winery. He was curious about what triggered the online post that led to the spraying investigation for Curtis May 8, 2025 MINUTES 4 Cantwell. After council discussion they decided to table this item until a later date. 8. COUNCILISTAFF COMMUNICATIONS = Brief reports on matters of general interest 8.1 CITY MANAGER'S REPORT City Manager Roberts noted that the Zinfandel Ridge Proposals for landscaping services were due today. She was pleased to announce that three proposals were submitted. 8.2 MAYOR & COUNCIL MEMBERS' REPORTS Council Member Folena reported that Amador Transit was ending commuter routes due to budget cuts. He also stated that they are still waiting for the Zinfandel Ridge Ad Hoc Committee to pick members SO they can meet. Council Member Hornisch stated they met with some of the Zinfandel Ridge Ad Hoc Committee representatives, and they furnished him with a wish list. He forwarded that list to the City Manager. 8.3 COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS Council Member Hornisch asked that they have a closed session item regarding staffing and there was a three head nod consensus to do SO. Council Member Folena asked to possibly add to our reserves and adding that to the agenda. City Manager Roberts mentioned that it would be addressed in the budget meeting. City Treasurer Mike Spinetta offered to explore ideas to make the City more money. Vice Mayor Nunn asked that we explore the possibility of adding a Zoom option again at our meetings. There was a three head nod consensus to do SO on a future agenda. He also asked to have a discussion about City Hall possibly being opened five days a week. There were three head nods to have that discussion. Vice Mayor Nunn would like to have a hiring freeze until the City is back in the black. Council Member Cranford asked if the City Council had the rights to do that. City Attorney clarified that it was part of the budgeting process. Vice Mayor Nunn wanted to ask that all public records requests be made public and also know how much City staff time it takes to complete as well as how much it costs the City to complete each request. He would also like to go over some of the City Council Policies. There were three head nods to agree to discuss the policies mentioned. Council Member Cranford asked for an update on the Greilich Ranch Project. There were three head nods to agree to add this item. Council Member Cranford asked what was going into 9393 Main Street. She asked what the City was doing to help expedite them getting into that building. City Manager Roberts let her know that it was going to the Planning Commission on the 15th. Planning Clerk Dana Knight clarified some things that they still need to do with the encroachment permit. City Manager Roberts stated they would work on that. Council Member Cranford asked about what was going into the Roos Building and asked what the City was doing to expedite it. City Manager Roberts said that we did not have an application, or a building permit filed from them. Mayor Amoruso stated if they do not have permits that becomes a health and safety issue. Council Member Folena stated that anything the City could do to help them along would be great. 9. CLOSED SESSION: NONE ADJOURNMENT: 9:58 pm May 8, 2025 MINUTES 5 5.3 06/04/25 CITY OF PLYMOUTH Page: 1 of 5 13:32:52 Check Register for Wells Fargo Checking Report ID: AP300 For the Accounting Period: 5/25 Claim Checks Period Claim Check # Type Vendor #/Name Check Amount Date Issued Redeemed Claim # Amount -99952 E 181 PAYCHEX INC. 142.60 05/08/25 5/25 CL 3373 142.60 -99951 E 403 PAYA SERVICES INC 120.30 05/08/25 5/25 CL 3404 120.30 29946 S 374 DMV ENEWAL 108.00 05/08/25 CL 3331 108.00 29947 S 322 WILKINSON PORTABLES INC 291.46 05/08/25 CL 3368 291.46 29948 S 78 COMCAST 141.44 05/08/25 CL 3370 141.44 29949 S 141 SUPERIOR PLUS ENERGY E. R RVICES INC 66.00 05/08/25 CL 3377 66.00 29950 S 150 LOWE'S BUSINESS ACCT/SYNCB 2030.83 05/08/25 CL 3385 2030.83 29951 S 89 MICHELE SERMAN-DAVIS 2655.00 05/08/25 CL 3387 2655.00 29952 S 178 PACIFIC GAS & ELECTRIC 1613.12 05/08/25 CL 3389 1613.12 29953 C S 381 ABSO TECHNOLOGIES, INC. 0.00 05/08/25 CL 3390 29954 * S 201 SHENANDOAH STATION 1105.96 05/08/25 CL 3398 1105.96 29955 S 26 AMADOR COUNTY FAIR 715.00 05/08/25 CL 3402 715.00 29956 S 393 WIZIX TECHNOLOGY GROUP, INC 159.95 05/08/25 CL 3407 159.95 29957 S 45 BEST BEST & KRIEGER 13487.10 05/08/25 CL 3411 13487.10 29958 S 365 DEKAY AUTOMOTIVE 621.13 05/08/25 CL 3412 621.13 29959 S 320 PAC MACHINE COMPANY 2716.15 05/08/25 CL 3413 2716.15 29960 S 176 PACE SUPPLY CORP 173.34 05/08/25 CL 3414 173.34 29961 S 999999 MATT URJEVICH 150.00 05/08/25 CL 3415 150.00 29962 S 999999 TRACY PITTS 56.01 05/08/25 CL 3416 56.01 29963 S 229 THATCHER COMPANY of CALIFORNIA, INC 4363.62 05/08/25 CL 3417 4363.62 29964 S 239 UP COUNTRY POOL CENTER 243.83 05/08/25 CL 3418 243.83 29965 S 124 HINDERLITER DE LIAMAS & ASSOCIATES 300.00 05/08/25 CL 3419 300.00 29966 S 94 DEPT OF TRANSPORTATION: 859.80 05/08/25 CL 3420 859.80 29967 S 26 AMADOR COUNTY FAIR 25.00 05/08/25 CL 3421 25.00 06/04/25 CITY OF PLYMOUTH Page: 2 of 5 13:32:53 Check Register for Wells Fargo Checking Report ID: AP300 For the Accounting Period: 5/25 Claim Checks Period Claim Check # Type Vendor #/Name Check Amount Date Issued Redeemed Claim # Amount 29968 S 200 SHENANDOAH EXCAVATING 2516.56 05/08/25 CL 3422 2516.56 29969 S 384 ANDY HEATH FINA NC CI AL SERVICES 5220.00 05/08/25 CL 3423 5220.00 29970 S 299 ALLIANT INSURANCE SERVICE, INC 297.00 05/08/25 CL 3424 297.00 29971 S 33 AMADOR COUNTY VINTNERS ASSOCIATION 1500.00 05/15/25 CL 3435 1500.00 29972 S 41 AT&T MOBILITY 449.53 05/15/25 CL 3401 449.53 29973 S 76 CLARK PEST CONTROL 233.00 05/15/25 CL 3399 233.00 29974 S 141 SUPERIOR PLUS ENERGY SERVICES INC 235.98 05/15/25 CL 3425 235.98 29975 S 147 LEDGER DISPATCH 585.36 05/15/25 CL 3428 585.36 29976 S 164 NBS 7670.00 05/15/25 CL 3394 7670.00 29977 S 169 NV5 INC 1147.50 05/15/25 CL 3433 1147.50 29978 S 178 PACIFIC GAS & ELECTRIC 7790.42 05/15/25 CL 3403 7790.42 29979 S 181 PAYCHEX INC. 49.35 05/15/25 CL 3382 49.35 29980 S 247 WEBER, GHIO & ASSOCIATES, INC 19176.75 05/15/25 CL 3366 19176.75 29981 S 253 BAHALA NA CORP 872.81 05/15/25 CL 3379 872.81 29982 S 254 AT&T 220.84 05/15/25 CL 3400 220.84 29983 S 256 AT&T 31.57 05/15/25 CL 3384 31.57 29984 S 260 WELLS FARGO 4272.36 05/15/25 CL 3410 4272.36 29985 S 266 WILBUR-ELLIS COMPANY LLC 761.72 05/15/25 CL 3430 761.72 29986 S 302 GOVOS, INC 6037.90 05/15/25 CL 3431 6037.90 29987 S 305 NAPA AUTO PARTS 297.09 05/15/25 CL 3429 297.09 29988 S 323 CSG CONSULTANTS, INC 1140.00 05/15/25 CL 3432 1140.00 29989 S 334 FIRE RISK MANAGEMENT SERVICES 3159.38 05/15/25 CL 3380 3159.38 29990 S 393 WIZIX TECHNOLOGY GROUP, INC 14.50 05/15/25 CL 3426 14.50 29991 S 409 ROCKY'S WINDOW TINTING 600.00 05/15/25 CL 3427 600.00 06/04/25 CITY OF PLYMOUTH Page: 3 of 5 13:32:53 Check Register for Wells Fargo Checking Report ID: AP300 For the Accounting Period: 5/25 Claim Checks Period Claim Check # Type Vendor #/Name Check Amount Date Issued Redeemed Claim # Amount 29992 S 381 ABSO TECHNOLOGIES, INC. 2270.00 05/28/25 CL 3390 2270.00 29993 S 29 AMADOR FIRE PROTECTION DIST 19572.97 05/28/25 CL 3437 19572.97 29994 S 34 AMADOR WATER AGENCY 39234.02 05/28/25 CL 3372 39234.02 29995 S 35 AMADOR WATER AGENCY 102234.10 05/28/25 CL 3438 102234.10 29996 S 255 AT&T 85.60 05/28/25 CL 3386 85.60 29997 S 75 CITY OF PLYMOUTH 95.17 05/28/25 CL 3381 95.17 29998 S 73 FIRST-CITIZENS BANK & TRUST CO 311.40 05/28/25 CL 3405 311.40 29999 S 137 JOHN ALLEN CONSTRUCTION, INC 204364.00 05/28/25 CL 3441 204364.00 30000 S 999999 JUSTIN LEACH 144.89 05/28/25 CL 3436 144.89 30001 S 410 KELLER SUPPLY COMPANY 3343.07 05/28/25 CL 3439 3343.07 30002 S 150 LOWE'S BUSINESS ACCT/SYNCB 78.60 05/28/25 CL 3440 78.60 30003 S 178 PACIFIC GAS & ELECTRIC 1141.77 05/28/25 CL 3392 1141.77 30004 S 383 QUADIENT FINANCE USA INC 500.00 05/28/25 CL 3408 500.00 30005 S 245 WALKER'S OFFICE SUPPL IES INC 133.72 05/28/25 CL 3378 133.72 30006 S 35 AMADOR WATER AGENCY 19050.88 05/29/25 CL 3371 19050.88 30007 S 999999 PLACER TITLE COMPANY 400.00 05/29/25 CL 3442 400.00 30008 S 370 4LEAF, INC. 21758.50 05/31/25 CL 3388 21758.50 30009 S 381 ABSO TECHNOLOGIES, INC. 2090.00 05/31/25 CL 3396 2090.00 30010 S 384 ANDY HEATH FINANCIAL SERVICES 2537.50 05/31/25 CL 3448 2537.50 30011 S 303 ASCENT ENVIRONMENTAL, INC 341.25 05/31/25 CL 3446 341.25 30012 S 999999 CITY OF PLYMOUTH 400.00 05/31/25 CL 3449 400.00 30013 S 323 CSG CONSULTANTS, INC 6106.00 05/31/25 CL 3447 6106.00 30014 S 276 GOGovApps 6036.00 05/31/25 CL 3445 6036.00 30015 S 147 LEDGER DISPATCH 448.16 05/31/25 CL 3443 448.16 06/04/25 CITY OF PLYMOUTH Page: 4 of 5 13:32:53 Check Register for Wells Fargo Checking Report ID: AP300 For the Accounting Period: 5/25 Claim Checks Period Claim Check # Type Vendor #/Name Check Amount Date Issued Redeemed Claim # Amount 30016 S 377 SIGNAL SERVICE INC 619.50 05/31/25 CL 3391 619.50 30017 S 393 WIZIX TECHNOI DLOGY GROUP, INC 152.84 05/31/25 CL 3444 152.84 Total for Claim Checks 529875.20 Count for Claim Checks 74 denotes missing check number (s) of Checks: 74 Total: 529875.20 06/04/25 CITY OF PLYMOUTH Page: 5 of 5 13:32:53 Fund Summary for Claim Check Register Report ID: AP110 For the Accounting Period: 5/25 Fund/Account Amount 1 General Fund 101001 112,673.06 2 TOT Streets & Promotion Fund 101001 2,065.61 10 Gas Tax Fund 101001 1,149.72 33 Miwok Indian Project Fund 101001 5,333.90 35 Mill/Poplar/Hwy 49 Intersection 101001 44.50 40 Water Enterprise Fund 101001 152,958.32 45 Water Cap Imp Arroyo Ditch 101001 400.00 50 Sewer Enterprise Fund 101001 40,372.45 68 Redevelopment Project Fund 101001 214,505.35 80 CFD 2016-01 ZR 101001 372.29 Total: 529,875.20 06/04/25 CITY OF PLYMOUTH Page: 1 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account -99952 E 181 PAYCHEX INC. 142.60 5/25 05/08/25 3373 142.60 5/25 04/05/25 FLEX TIME 142.60 1 511000 781000 101001 -99951 E 403 PAYA SERVICES INC 120.30 5/25 05/08/25 3404 120.30 5/25 02/28/25 Processing Fees 60.15 40 600000 761000 101001 02/28/25 Processing Fees 60.15 50 700000 761000 101001 29946 SC 374 DMV RENEWAL 108.00 5/25 05/08/25 3331 108.00 5/25 04/03/25 2006 KAWK EM7N12 54.00 551000 740700 101001 04/03/25 2021 POLA EM7N33 54.00 1 551000 740700 101001 29947 SC 322 WILKINSON PORTABLES INC 291.46 5/25 05/08/25 3368 291.46 5/25 05/07/25 CORP YARD 145.73 1 531000 721700 101001 05/07/25 SEWER PLANT 145.73 50 700000 721700 101001 29948 SC 78 COMCAST 141.44 5/25 05/08/25 3370 141.44 5/25 04/16/25 Internet 141.44 1 511000 784000 101001 29949 SC 141 SUPERIOR PLUS ENERGY SERVICES INC 66.00 5/25 05/08/25 3377 66.00 5/25 9426 Main Street 0.00 1 511000 721900 101001 04/25/25 18565 Empire st 66.00 1 551000 721900 101001 8816 Sommelier/booster pump st 0.00 40 600000 721900 101001 29950 SC 150 LOWE'S BUSINESS ACCT/SYNCB 2030.83 5/25 05/08/25 3385 2030.83 5/25 04/17/25 Vets Park Fence 2030.83 1 551000 740500 101001 29951 SC 89 MICHELE GERMAN-DAVIS 2655.00 5/25 05/08/25 3387 2655.00 5/25 05/01/25 Web Site 2655.00 1 511000 761000 101001 29952 SC 178 PACIFIC GAS & ELECTRIC 1613.12 5/25 05/08/25 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 2 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 3389 1613.12 5/25 04/28/25 18565 Empire Street 17.82 1 551000 731000 101001 04/28/25 18358 Empire Street 0.00 1 551000 731000 101001 04/28/25 Shenandoah Rd SS Hwy 49 E 150 0.00 40 600000 731000 101001 04/28/25 E/Plymouth 21.42 40 600000 731000 101001 04/28/25 9426 Main Street 225.03 1 511000 731000 101001 04/28/25 9426 Main Street 225.03 40 600000 731000 101001 04/28/25 9426 Main Street 225.03 50 700000 731000 101001 04/28/25 18500 Sherwood Street 56.16 1 531000 731000 101001 04/28/25 7151 Old Sacramento Rd 814.90 50 700000 731000 101001 04/28/25 9395 Main Street 27.73 1 551000 731000 101001 04/28/25 Hwy 49 WS Main St N 250 ft 0.00 10 560000 731000 101001 04/28/25 Hwy 49 WS Main St N 250 ft 0.00 50 700000 731000 101001 29954 SC 201 SHENANDOAH STATION 1105.96 5/25 05/08/25 3398 1105.96 5/25 04/30/25 Fuel 04/04/25 to 04/30/25 1105.96 1 531000 721100 101001 29955 SC 26 AMADOR COUNTY FAIR 715.00 5/25 05/08/25 3402 715.00 5/25 05/01/25 Corp Yard Rent May 2025 715.00 1 531000 721700 101001 29956 SC 393 WIZIX TECHNOLOGY GROUP, INC 159.95 5/25 05/08/25 3407 159.95 5/25 04/21/25 P6035CDN 17.57 1 511000 720100 101001 04/21/25 P6035CDN 17.57 40 600000 720100 101001 04/21/25 P6035CDN 17.58 50 700000 720100 101001 04/21/25 4054ci 35.74 1 511000 720100 101001 04/21/25 4054ci 35.74 40 600000 720100 101001 04/21/25 4054ci 35.75 50 700000 720100 101001 29957 SC 45 BEST BEST & KRIEGER 13487.10 5/25 05/08/25 3411 13487.10 5/25 01/06/25 Casino Project 5135.90 33 560000 762000 101001 01/06/25 Retainer (overage) 8351.20 1 511000 762000 101001 29958 SC 365 DEKAY AUTOMOTIVE 621.13 5/25 05/08/25 3412 621.13 5/25 04/02/25 11x22.5 Samson Steer Tires 621.13 1 531000 785000 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 3 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 29959 SC 320 PAC MACHINE COMPANY 2716.15 5/25 05/08/25 3413 2716.15 5/25 04/25/25 Volys Junction Box 2716.15 50 700000 740700 101001 29960 SC 176 PACE SUPPLY CORP 173.34 5/25 05/08/25 3414 173.34 5/25 04/16/25 Amador Water 173.34 80 519000 740100 101001 29961 SC 999999 MATT URJEVICH 150.00 5/25 05/08/25 3415 150.00 5/25 04/30/25 Boot Stipend 150.00 1 531000 707000 101001 29962 SC 999999 TRACY PITTS 56.01 5/25 05/08/25 3416 56.01 5/25 04/29/25 Fair Window 56.01 2 560000 770300 101001 29963 SC 229 THATO CHER OMPI A ANY of CALIFORNIA, I 4363.62 5/25 05/08/25 3417 4363.62 5/25 04/24/25 Sani-Chlor 4363.62 50 700000 722100 101001 29964 SC 239 UP COUNTRY POOL CENTER 243.83 5/25 05/08/25 3418 243.83 5/25 04/30/25 Pool Supplies 203.14 554000 722100 101001 04/30/25 Polysheen Blue 1QT 40.69 554000 722100 101001 29965 SC 124 HINDERLITER DE LIAMAS & ASSOCIATE 300.00 5/25 05/08/25 3419 300.00 5/25 05/02/25 Q4/2024 300.00 1 519000 761000 101001 29966 SC 94 DEPT OF TRANSPORTATION 859.80 5/25 05/08/25 3420 859.80 5/25 04/21/25 Signals & Lighting 859.80 532000 731000 101001 29967 SC 26 AMADOR COUNTY FAIR 25.00 5/25 05/08/25 3421 25.00 5/25 04/15/25 Feature Exhibits-Comms of AC 25.00 2 560000 770300 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 4 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 29968 SC 200 SHENANDOAH EXCAVATING 2516.56 5/25 05/08/25 3422 2516.56 5/25 05/07/25 Mill St Repair 2516.56 40 600000 761000 101001 29969 SC 384 ANDY HEATH FINANCIAL SERVICES 5220.00 5/25 05/08/25 3423 5220.00 5/25 05/07/25 NBS Rate Study 72.50 40 600000 761000 101001 05/07/25 Budget Prep/General Finance 5147.50 1 514000 761000 101001 29970 SC 299 ALLIANT INSURANCE SERVICE, INC 297.00 5/25 05/08/25 3424 297.00 5/25 03/31/25 Special Event Liability 297.00 2 560000 770300 101001 29971 SC 33 AMADOR COUNTY VINTNERS ASSOCIATIO 1500.00 5/25 05/15/25 3435 1500.00 5/25 05/15/25 Four Fires Food/Wine Festival 1500.00 2 560000 770300 101001 29972 SC 41 AT&T MOBILITY 449.53 5/25 05/15/25 3401 449.53 5/25 05/01/25 CM Devices 112.38 1 511000 732000 101001 05/01/25 PW Devices 112.39 1 531000 732000 101001 05/01/25 Water Devices 112.38 40 600000 732000 101001 05/01/25 WWTE Devices 112.38 50 700000 732000 101001 29973 SC 76 CLARK PEST ONTROL 233.00 5/25 05/15/25 3399 233.00 5/25 City Hall 0.00 1 531000 740100 101001 05/08/25 Water Treatment Plant 98.00 40 600000 740100 101001 05/08/25 18565 Empire Street 135.00 1 551000 740100 101001 Ranch House 0.00 50 700000 740100 101001 29974 SC 141 SUPERIOR PLUS ENERGY SERVICES INC 235.98 5/25 05/15/25 3425 235.98 5/25 05/06/25 9426 Main Street 235.98 1 511000 721900 101001 29975 SC 147 LEDGER DISPATCH 585.36 5/25 05/15/25 3428 585.36 5/25 05/02/25 AD# 66252 PUBLIC 97.64 I 511000 720300 101001 05/02/25 AD# 66264 AD# 66267 PUBLIC 487.72 1 542000 720300 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 5 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 29976 SC 164 NBS 7670.00 5/25 05/15/25 3394 7670.00 5/25 05/05/25 User Fee Study 635.83 1 511000 761000 101001 05/05/25 User Fee Study 635.83 40 600000 761000 101001 05/05/25 User Fee Study 635.84 50 700000 761000 101001 05/05/25 Wast ewater Rate Study 2700.00 50 700000 761000 101001 05/05/25 Water Rate Study 3062.50 40 600000 761000 101001 29977 SC 169 NV5 INC 1147.50 5/25 05/15/25 3433 1147.50 5/25 05/12/25 CoP WWTP 1147.50 50 700000 763000 101001 29978 SC 178 PACIFIC GAS & ELECTRIC 7790.42 5/25 05/15/25 3403 7790.42 5/25 05/07/25 CFD 2016-1 NS/O Zinf Pkwy 0.00 80 519000 731000 101001 05/07/25 7784 Old Sacramento Road 7736.23 50 700000 731000 101001 05/06/25 End/Burke Dr at White Oak 0.00 40 600000 731000 101001 05/06/25 End/Burke Dr at White Oak 11.93 40 600000 731000 101001 05/08/25 w/O Hwy 49 on Main St 42.26 10 560000 731000 101001 29979 SC 181 PAYCHEX INC. 49.35 5/25 05/15/25 3382 49.35 5/25 05/01/25 Payroll 49.35 1 511000 781000 101001 29980 SC 247 WEBER, GHIO & ASSOCIATES, INC 19176.75 5/25 05/15/25 3366 19176.75 5/25 05/10/25 General City Engineering 1410.70 1 518000 763000 101001 05/10/25 Planning 49.50 1 518000 763000 101001 05/10/25 Water Sys 821.50 40 600000 763000 101001 05/10/25 Wastewater System 49.50 50 700000 763000 101001 05/10/25 Streets/Storm Drainage 161.50 1 518000 763000 101001 05/10/25 Street Light-ALPR Camera Insta 520.75 1 518000 763100 101001 05/10/25 Caltrans/GR Con Signs 476.25 1 518000 763100 101001 05/10/25 Greilich Ranch Prelim Studies 1477.50 1 280020 101001 05/10/25 Building Inspection 290.00 1 541000 763100 101001 05/10/25 McGee Park Project 10141.35 68 560000 770800 101001 05/10/25 Ione Band Casino 198.00 33 560000 763000 101001 05/10/25 Mill/Poplar7iwy49 intersection 44.50 35 560000 763000 101001 05/10/25 Code Enforcement 988.00 1 552000 766000 101001 05/10/25 ZR Drainage/Maint Issues 2186.70 1 280010 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 6 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 05/10/25 Master Plan Update 361.00 1 518000 763000 101001 29981 SC 253 BAHALA NA CORP 872.81 5/25 05/15/25 3379 872.81 5/25 04/30/25 Filter/Batt/NE/NaB/0i1/Batt 123.39 1 531000 740700 101001 04/30/25 Keys/Keyring 48.63 1 511000 740500 101001 04/30/25 N&B Vet Park Fence 28.00 1 551000 740500 101001 04/30/25 aint/suyplie/CoRcrets 240.32 1 532000 740500 101001 04/30/25 NP Signs 89.02 80 519000 740100 101001 04/30/25 Comcrete/Notar/sponge 123.05 1 554000 740100 101001 04/30/25 PW VP PVC 15.71 1 551000 740100 101001 04/30/25 Sewer Plant Herbicide 193.93 1 531000 722100 101001 04/30/25 Oil/Paint 10.76 531000 740500 101001 29982 SC 254 AT&T 220.84 5/25 05/15/25 3400 220.84 5/25 05/06/25 93910 1047017 47.36 50 700000 732000 101001 05/06/25 9391047027 47.36 50 700000 732000 101001 05/06/25 9391047035 126.12 1 511000 732000 101001 29983 SC 256 AT&T 31.57 5/25 05/15/25 3384 31.57 5/25 05/07/25 Monthly Services 31.57 40 600000 732000 101001 29984 SC 260 WELLS FARGO 4272.36 5/25 05/15/25 3410 4272.36 5/25 05/02/25 Amazon/Comp Signs 67.62 1 554000 740500 101001 05/02/25 Amazon/keys+/USPS 486.82 1 511000 720100 101001 05/02/25 Delts Indust Solns/JB's 713.73 1 531000 707000 101001 05/02/25 Amazon-Fair Window 187.60 2 560000 770300 101001 05/02/25 Shade Cloth Store 1237.49 1 554000 740100 101001 05/02/25 Microsoft/Zoom: 74.84 1 511000 784000 101001 05/02/25 8x8 Phone 161.98 1 511000 784000 101001 05/02/25 8x8 Phone 161.97 40 600000 784000 101001 05/02/25 Bx8 Phone 161.97 50 700000 784000 101001 05/02/25 Esquire Park/CA League Cities 671.00 1 511000 712000 101001 05/02/25 Zequip 347.34 1 531000 740700 101001 29985 SC 266 WILBUR-ELLIS COMPANY LLC 761.72 5/25 05/15/25 3430 761.72 5/25 05/07/25 WECO 224.64 50 700000 722100 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 7 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 05/07/25 Reward land & aquatic 537.08 50 700000 722100 101001 29986 SC 302 GOVOS, INC 6037.90 5/25 05/15/25 3431 6037.90 5/25 04/29/25 LodgingRevs Compliance 6037.90 I 519000 784000 101001 29987 SC 305 NAPA AUTO PARTS 297.09 5/25 05/15/25 3429 297.09 5/25 04/30/25 DUMP T/FORD R/QUAD 297.09 1 531000 740700 101001 29988 SC 323 CSG CONSULTANTS, INC 1140.00 5/25 05/15/25 3432 1140.00 5/25 05/13/25 Arco CEQA Review 1140.00 280026 101001 29989 SC 334 FIRE RISK SE S 3159.38 5/25 05/15/25 3380 3159.38 5/25 05/08/25 Benefits 462.53 1 511000 705000 101001 05/08/25 Benefits 1834.71 1 551000 705000 101001 05/08/25 Benefits 0.00 40 600000 705000 101001 05/08/25 Benefits 862.14 50 700000 705000 101001 29990 SC 393 WIZIX OGY GROUP, INC 14.50 5/25 05/15/25 3426 14.50 5/25 05/07/25 Black Toner Shipping 14.50 1 511000 720100 101001 29991 SC 409 ROCKY'S WINDOW TINTING 600.00 5/25 05/15/25 3427 600.00 5/25 04/23/25 Window Tinting-CH 600.00 1 531000 740100 101001 29992 SC 381 ABSO TECHNOLOGIES, INC. 2270.00 5/25 05/28/25 3390 2270.00 5/25 04/30/25 Tech Support 2270.00 511000 784000 101001 29993 SC 29 AMADOR FIRE PROTECTION DIST 19572.97 5/25 05/28/25 3437 19572.97 5/25 01/17/25 Ben ssesment fee FY 24-25 19572.97 521000 768100 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 8 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 29994 SC 34 AMADOR WATER AGENCY 39234.02 5/25 05/28/25 3372 39234.02 5/25 05/13/25 Service Charge 16497.71 40 600000 729200 101001 05/13/25 Water Consumption 17670.20 40 600000 729100 101001 05/13/25 Water Debt Service 5066.11 40 600000 729200 101001 29995 SC 35 AMADOR WATER AGE E. ENC CY 102234.10 5/25 05/28/25 3438 102234.10 5/25 03/20/25 BNY Mel Pay-Pipeline Project 57902.50 40 600000 799100 101001 03/20/25 BNY Mel Pay-Pipeline Project 44331.60 40 600000 791100 101001 29996 SC 255 AT&T 85.60 5/25 05/28/25 3386 85.60 5/25 05/10/25 WWTP Internet 85.60 50 700000 732000 101001 29997 SC 75 CITY OF PLY Y. M DUTH 95.17 5/25 05/28/25 3381 95.17 5/25 05/16/25 2016-01 Zinfandel Irrigation 95.17 80 519000 770400 101001 29998 SC 73 FIRST-CITIZENS BANK & TRUST CO 311.40 5/25 05/28/25 3405 311.40 5/25 05/12/25 TASKALFA 4054CI 103.80 1 511000 782000 101001 05/12/25 A FA 40540 103.80 40 600000 782000 101001 05/12/25 TASKALFA 4054CI 103.80 50 700000 782000 101001 29999 SC 137 JOHN ALLEN CONSTRUCTION, INC 204364.00 5/25 05/28/25 3441 204364.00 5/25 05/16/25 McGee Park Renovation Project 204364.00 68 560000 770800 101001 30000 SC 999999 JUSTIN LEACH 144.89 5/25 05/28/25 3436 144.89 5/25 05/16/25 Water Deposit Refund 144.89 40 220002 101001 30001 SC 410 KELLER SUPPLY COMPANY 3343.07 5/25 05/28/25 3439 3343.07 5/25 03/25/25 CCH/ACID 3306.86 1 554000 722100 101001 04/09/25 PENTAIR 36.21 1 554000 740100 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 9 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 30002 SC 150 LOWE'S BUSINESS ACCT/SYNCB 78.60 5/25 05/28/25 3440 78.60 5/25 05/17/25 Paint/mount strip/bucket 78.60 1 531000 740100 101001 30003 SC 178 PACIFIC GAS & ELECTRIC 1141.77 5/25 05/28/25 3392 1141.77 5/25 05/13/25 CFD 2016-1 Vintner & Sommelier 14.76 80 519000 731000 101001 05/13/25 Corner of Hwy 49, s/O Zinf Pkw 19.55 40 600000 731000 101001 05/13/25 Street Lights 1107.46 10 560000 731000 101001 30004 SC 383 QUADIENT FINANCE USA INC 500.00 5/25 05/28/25 3408 500.00 5/25 05/16/25 Postage 166.66 1 511000 720100 101001 05/16/25 Postage 166.67 40 600000 720100 101001 05/16/25 Postage 166.67 50 700000 720100 101001 30005 SC 245 WALKER'S OFFICE SUPPLIES INC 133.72 5/25 05/28/25 3378 133.72 5/25 05/22/25 Billing Paper 90.78 1 511000 720100 101001 05/27/25 Soap 42.94 1 511000 720100 101001 30006 SC 35 AMADOR WATER AGENCY 19050.88 5/25 05/29/25 3371 19050.88 5/25 05/15/25 Water Plant 328.27 40 600000 767000 101001 05/15/25 Water Distribution 2094.75 40 600000 740600 101001 05/15/25 Waste Water 16627.86 50 700000 767000 101001 30007 SC 999999 PLACER TITLE ANY 400.00 5/25 05/29/25 3442 400.00 5/25 05/21/25 9351 Atlantic St. 400.00 45 600000 763000 101001 30008 SC 370 4LEAF, INC. 21758.50 5/25 05/31/25 3388 21758.50 5/25 03/31/25 On-Call Staff Augmentation 7307.50 1 542000 761000 101001 02/28/25 ARCO 576.00 I 280026 101001 02/28/25 Planning Fees 7723.75 1 542000 761000 101001 02/28/25 Hotel 138.75 1 280027 101001 02/28/25 Greilich 370.00 1 280020 101001 02/28/25 Plan Riemb 277.50 I 542000 751000 101001 04/30/25 ARCO 231.25 1 280026 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 10 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 04/30/25 Panning Fees 5087.50 542000 761000 101001 04/30/25 Greilich 46.25 280020 101001 30009 SC 381 ABSO TECHNOLOGIES, INC. 2090.00 5/25 05/31/25 3396 2090.00 5/25 06/01/25 Tech Support 696.66 1 511000 784000 101001 06/01/25 Tech Support 696.67 40 600000 784000 101001 06/01/25 Tech Support 696.67 50 700000 784000 101001 30010 SC 384 ANDY HEATH FINANCIAL SERVICES 2537.50 5/25 05/31/25 3448 2537.50 5/25 06/02/25 Finance Consult Services 2537.50 514000 761000 101001 30011 SC 303 ASCENT ENVIRONMENTAL, INC 341.25 5/25 05/31/25 3446 341.25 5/25 05/19/25 Greilich Ranch EIR 341.25 1 280020 101001 30012 SC 999999 CITY OF PLYMOUTH 400.00 5/25 05/31/25 3449 400.00 5/25 05/07/25 Petty Cash 300.00 511000 770700 101001 05/07/25 HG Cash Drawer 50.00 1 511000 770700 101001 05/07/25 Pool Cash Drawer 50.00 1 511000 770700 101001 30013 SC 323 CSG CONSULTANTS, INC 6106.00 5/25 05/31/25 3447 6106.00 5/25 04/15/25 ARCO CEQA 6106.00 1 280026 101001 30014 SC 276 GOGovApps 6036.00 5/25 05/31/25 3445 6036.00 5/25 06/02/25 CRM/CE Subscriptions 6036.00 1 519000 784000 101001 30015 SC 147 LEDGER DISPATCH 448.16 5/25 05/31/25 3443 448.16 5/25 05/23/25 Ad# 66478 448.16 511000 720300 101001 30016 SC 377 SIGNAL SERVICE INC 619.50 5/25 05/31/25 3391 619.50 5/25 04/16/25 Monthly Services 619.50 1 511000 761000 101001 Check Types: MC=Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 06/04/25 CITY OF PLYMOUTH Page: 11 of 11 13:34:24 Claims and/or Payroll Checks List Report ID: W100x2 For the Accounting Period: 5/25 Claims Check Check/Doc Date Check # Type Vender/Baployee/Payee Number/Name Amount Period Issued Cash Claim Invoice #/Inv Date/Description Line Amount Disc $ PO Fund Org Acct Object Proj Account 30017 SC 393 WIZIX TECHNOLOGY GROUP, INC 152.84 5/25 05/31/25 3444 152.84 5/25 05/19/25 P6035CDN 16.56 1 511000 720100 101001 05/19/25 P6035CDN 16.56 40 600000 720100 101001 05/19/25 P6035CDN 16.56 50 700000 720100 101001 05/19/25 4054ci 34.39 1 511000 720100 101001 05/19/25 4054ci 34.39 40 600000 720100 101001 05/19/25 4054ci 34.38 50 700000 720100 101001 Claims Total # of Checks: 73 Total: 529875.20 Grand Total # of Checks: 73 Total: 529875.20 Check Types: MC-Manual Claim, SC=System Claim, V=Void (never in system), E=ACH P=Payroll, C-Cancelled (cancelled in system), R-Reissued, D=Deleted (deleted in system) 5.4 CITY COUNCIL AGENDA ITEM NO. 5.4 SPr Op / 06/12/2025 01T NT SUBJECT: Housing Element Contract for Services with DeNovo Planning Group. DEPARTMENT: Planning Department STAFF: Erica Fraser, Planning Director TITLE Adopt a resolution authorizing a contract between the City of Plymouth and DeNovo Planning Group to complete amendments to the Housing Element. BACKGROUND DeNovo Planning Group prepared the Countywide Housing Element (which includes the City of Plymouth) under contract with Amador County. The City of Plymouth submitted the Housing Element to the California Department of Housing and Community Development (HCD) in January 2025 for review and certification. On March 14, 2025, HCD sent comments to the City regarding the changes necessary for certification of the Housing Element (Attachment 3). Staff then forwarded the requested modifications to DeNovo Planning Group to determine the costs for preparing the amendments. While Amador County paid for the Housing Element preparation and minor amendments based on early comments from HCD, Amador County is not paying for amendments to the City's Annex within the Housing Element. The City is responsible for these additional modifications. After reviewing the letter from HCD, DeNovo determined that the following amendments must be made to the Housing Element: Modify all references in the City of Plymouth 6th Cycle Housing Element to a shortfall and need to rezone sites to reflect current CITY COUNCIL AGENDA ITEM NO. 5.4 06/12/2025 COUNTS conditions. The references will provide a specific description of the completed rezoning, including acreages by zone, to accurately reflect current conditions. Conflicting information about split zoning for the total parcel will be reviewed and the Housing Element will be revised to reflect the actual zoning action taken. De Novo will work with the City to obtain the supporting documentation for the rezoning and will review the City's zoning code and modifications to ensure these are accurately reflected in the Housing Element. The zoning figure included in the Housing Element will be updated, as necessary. Revise the City of Plymouth 6th Cycle Housing Element to describe how the rezoning was completed and whether the rezoning met all program H-9 requirements as committed in the 5th Cycle Housing Element. If the rezoning did not meet all Program H-9 requirements, the Housing Element will be revised to identify any remaining requirements to be completed, whether there continues to be a shortfall if the rezoning did not address all requirements of the 5th Cycle Housing Element, and a program to address any rezoning refinements, if necessary. Applicable portions of Program 3 in the 6th Cycle Housing Element will be remove or modified to reflect any changes to the 5th Cycle shortfall, the income levels accommodated by the rezoned site, and whether any additional rezoning or text refinements are necessary to accommodate the 5th Cycle shortfall (if any) and the 6th Cycle RHNA. The sites inventory in the 6th Cycle Housing Element and the electronic sites inventory will be revised to utilize at least a sufficient portion of the rezoned site toward the lower-income regional housing need allocation (RHNA). The consultant has determined that it will take approximately 30 hours of work to complete the amendments at a cost to the City of $6,300. Once the Housing Element is updated, Staff will then transmit to HCD for review. CITY COUNCIL AGENDA ITEM NO. 5.4 o 06/12/2025 COUNTS The attached Resolution will authorize the City of Plymouth to execute a Professional Services Agreement with DeNovo Planning Group and authorize work to proceed on amending the Housing Element. DATE OF NOTICE Public notice is not required for a consent item. ENVIRONMENTAL DETERMINATION The execution of a Contract for Professional Services is not considered to be a project under the California Environmental Quality Act (CEQA). A Negative Declaration for the Housing Element was approved by the City Council on January 9, 2025. In approving the Negative Declaration, the City determined that the proposed Housing Element would not have a negative impact on the environment. FISCAL IMPACT The proposed amendments will cost the City of Plymouth $6,300. ATTACHMENTIS) 1. Resolution 2025-12 Approving Professional Services Agreement 2. Professional Services Agreement 3. Letter from HCD with comments on the Housing Element RESOLUTION NO. 2025-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLYMOUTH AUTHORIZING A CONTRACT BETWEEN THE CITY OF PLYMOUTH AND DENOVO PLANNING GROUP FOR COMPLETION OF AMENDMENTS TO THE HOUSING ELEMENT IDENTIFIED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AS NECESSARY FOR CERTIFICATION WHEREAS, the California Department of Housing and Community Development (HCD) submitted a letter to the City of Plymouth on March 14, 2025 identifying amendments to the Housing Element that were necessary for certification of the Housing Element; and WHEREAS, DeNovo Planning Group was hired by the County of Amador to prepare the countywide Housing Element; and WHEREAS, the City of Plymouth is responsible for the costs associated with amendments to the City's Annex within the Housing Element; and WHEREAS, DeNovo Planning has submitted a scope of work to address comments submitted by HCD and has estimated a total time of 30 hours for completion; and WHEREAS, the City of Plymouth's Planning Department recommends authorizing the Professional Services Agreement (PSA) because it will allow for the completion of necessary amendments to the Housing Element for certification by HCD; and WHEREAS, the City Council of the City of Plymouth grants the City Manager the authority to execute and update future Professional Services Agreements, agreed upon by the Planning Department without further review by the City Council; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Plymouth authorizes the City Manager to execute a Professional Services Agreement with DeNovo Planning Group to revise the Housing Element to address comments issued by HCD; and THE FOREGOING RESOLUTION was duly passed and adopted by the City Council of the City of Plymouth at a meeting held on the 12th day of June 2025 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Peter Amoruso, Mayor ATTEST: Victoria McHenry, City Clerk PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND DENOVO PLANNING GROUP (Professional) THIS AGREEMENT for consulting services is made by and between the City of Plymouth, a California municipal corporation ("City"), and DeNovo Planning Group Professional"), as of June 1, 2025. Section1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope ofWork attached as Exhibit A at the time and place andi in the manner specified therein. In the event of a conflict or inconsistency between thei terms of this Agreement and Exhibit A. the Agreement shall prevail. Section2. IERM. The term of this Agreement shall begin on the date first noted above and shall end by no later than December 31, 2025. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 10. The time provided to Professional to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 11. Section 3. STANDARD OF PERFORMANCE. 3.1 Standard of Performance. Professional shall perform all services and prepare all work products required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. 3.2 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, inits sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. Section 4. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $210 per hour, and a cumulative amount not to exceed $6,300, notwithstanding any contrary indications that may be contained in Professional's proposal. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, the Agreement shall prevail. Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional's costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 4.1 Invoices. Professional shall submit invoices, not more often than once ar month during the term oft this Agreement, based on the cost for services performed and reimbursable costs Professional Services Agreement 4/9/2025 Page 1of 9 incurred prior to the invoice date, which describe the work performed by Professional. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Professional. 4.4 Reimbursable Expenses. Intentionally Omitted. 4.5 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 10, the City shall compensate the Professional for all outstanding costs incurred for work satisfactorily completed as of the date of written notice oftermination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 4.6 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 5. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Section 6. INSURANCE REQUIREMENTS. Professional shall comply with the insurance requirements contained in Exhibit C and shall procure, at its own cost and expense all insurance coverages listed in Exhibit Cbefore beginning any work under this Agreement. Section 7. INDEMNIFICATION. 7.1 General Requirement. Professional shall indemnify, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character oft their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City ori its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage top property, or violation oflaw. Itis understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause Professional Services Agreement 5/30/2025 Page 2of9 shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. Notwithstanding the foregoing, for any claim alleging negligent performance by the Professional, the Professional has no immediate obligation to provide the defense of the City. The Professional will reimburse indemnified parties their reasonable defense costs ultimately determined to have been caused by the negligence of the Professional and proportionate to the degree of fault of the professional. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 7.2 PERS Indemnification- In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) tol be eligible for enrollment in PERS as an employee of City, shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 7.3 Design Professional. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional's duty to indemnify under Sections 7.1 and 7.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8. Section 8. STATUS OF PROFESSIONAL. 8.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353 and shall not be an employee of the City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution tobe paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee to become eligible for a claim for PERS benefits. 8.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever Professional Services Agreement 4/9/2025 Page 3of9 as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 9. LEGAL REQUIREMENTS. 9.1 Governing Law. The laws of the State of California shall govern this Agreement. 9.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with alll laws and regulations applicable to the performance of the work hereunder. Professional's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 9.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 9.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required topractice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that arel legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement. 9.5 Nondiscrimination and Equal Opportunity, Professional shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby. Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 10. TERMINATION AND MODIFICATION. 10.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional. Professional may cancel this Agreement upon fourteen days' written notice to City and shall include in such notice the reasons for cancellation. In the event oftermination, Professional shall be entitled to compensation for services performed Professional Services Agreement 4/9/2025 Page 4of9 to the effective date oft termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided tol Professional or prepared by or for Professional or the City in connection with this Agreement. 10.2. Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, ifCity grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period. 10.3 Amendments, The parties may amend this Agreement only by a writing signed by all the parties. 10.4 Assignment and Subcontracting City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional's unique personal competence, experience, and specialized personal knowledge. Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 10.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement. 10.6 Options upon Breach by Professional, If Professional materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 10.6.1 Immediately terminate the Agreement; 10.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement; 10.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or 10.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 4 if Professional had completed the work. Professional Services Agreement 4/9/2025 Page 5 of9 Section 11. KEEPING AND STATUS OF RECORDS. 11.1 Records Created as Part of Professional's Performance, All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. Itis understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically fori the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent ofboth parties. 11.2 Professional's Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement. 11.3 Inspection and Audit of Records. Any records or documents that Section 11.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, andlor copying at any time during regular business hours, upon oral or written request of the City. Section 12 MISCELLANEOUS PROVISIONS. 12.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 12.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Amador ori in the United States District Court for the Eastern District of California. 12.3 Severability. Ifa court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not SO adjudged shall remain in full force and effect. The invalidity in whole ori in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Professional Services Agreement 4/9/25 Page 6of9 12.4 Nol Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 12.5 Successors and Assigns. The provisions ofthis Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 12.6 Conflict ofl Interest. Professional may serve other clients, but none whose activities within the corporate limits ofCity or whose business, regardless of location, would place Professional in a' "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Professional hereby warrants that iti is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. IfProfessional was an employee, agent appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code $1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement ofexpenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, itr may be subject to criminal prosecution for a violation of Government Code $1090 and, if applicable, will be disqualified from holding public office in the State of California. 12.7 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 12.8 Contract Administration- This Agreement shall be administered by Margaret Roberts ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator orhis or her designee. 12.9 Notices. Any written notice to Professional shall be sent to: DeNovo Planning Group ww.denovopamaingcom E-mail: bthompsom@denovyplanning.com Any written notice to City shall be sent to: City Manager 9426 Main Street (PO Box 429) Plymouth, California 95669 MRcbers@clop)mouthag Professional Services Agreement 4/9/2025 Page 7of9 12.10 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. 12.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A. the compensation schedule attached hereto and incorporated herein as Exhibit B, and the insurance requirements attached hereto and incorporated herein as Exhibit C. represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral. 12.12 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City shall have authority to waive this requirement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. The Parties may execute this in counterpart and/or digital or electronic copies, which shall be treated as original signatures. CITY PROFESSIONAL Margaret S. Roberts, City Manager Beth Thompson,DeNovo Planning Group Attest: Victoria McHenry, City Clerk Approved as to Form: Frank Splendorio, City Attorney Professional Services Agreement 4/9/2025 Page 8of9 EXHIBIT A SCOPE OF FINANCIAL SERVICES Scope of Work . Modify all references in the City of Plymouth 6th Cycle Housing Element to a shortfall and need to rezone sites to reflect current conditions. The references will provide a specific description of the completed rezoning, including acreages by zone, to accurately reflect current conditions. Conflicting information about split zoning for the total parcel will be reviewed and the Housing Element will be revised to reflect the actual zoning action taken. De Novo will work with the City to obtain the supporting documentation for the rezoning and will review the City's zoning code and modifications to ensure these are accurately reflected in the Housing Element. The zoning figure included in the Housing Element will be updated, as necessary. e Revise the City of Plymouth 6th Cycle Housing Element to describe how the rezoning was completed and whether the rezoning met all program H-9 requirements as committed in the 5th Cycle Housing Element. If the rezoning did not meet all Program H-9 requirements, the Housing Element will be revised to identify any remaining requirements to be completed, whether there continues to be a shortfall if the rezoning did not address all requirements of the 5th Cycle Housing Element, and a program to address any rezoning refinements, if necessary. . Applicable portions of Program 3 in the 6th Cycle Housing Element will be remove or modified to reflect any changes to the 5th Cycle shortfall, the income levels accommodated by the rezoned site, and whether any additional rezoning or text refinements are necessary to accommodate the 5th Cycle shortfall (if any) and the 6th Cycle RHNA. . The sites inventory in the 6th Cycle Housing Element and the electronic sites inventory will be revised to utilize at least a sufficient portion of the rezoned site toward the lower-income regional housing need allocation (RHNA). Professional Services Agreement 4/9/2025 Page 9of9 EXHIBIT B COMPENSATION SCHEDULE $210 per hour for services described in Exhibit A. No reimbursable expenses. Total Services provided shall not exceed a cumulative amount of $6,300. Professional Services Agreement 4/9/2025 EXHIBIT C Insurance Requirements Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms ofi insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification oft the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement. 1. Workers' Compensation, Professional shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional's insurer if such coverage is suspended, voided or reduced in coverage ori in limits. The requirement to maintain Statutory Worker's Compensation and Employer's Liability Insurance insurance may be waived by the City upon written verification that Professional does not have any employees. 2. Commercial General and Automobile Liability/nsurance. Intentionally omitted. 3. Professional L - Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage orinl limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 3.3 The following provisions shall apply ift the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must bel before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, SO long as commercially available at reasonable rates. C. Ifcoverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional's sole cost and expense, any extended reporting provisions of the policy, ift the Professional cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4. All Policies Reguirements. 4.1 Acceptability ofinsurers. Alli insurance required by this section is to be placed with insurers with al Bests' rating ofnol less than A:VII. 4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are tol be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors. 4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional's earliest possible opportunity andi in no case later than five (5) days after Professional is notified of the change in coverage. STATE OF CALIFORNIA BUSINESS. CONSUMER! SERVICES ANDHOUSING AGENCY GAVIN NEWSOM. Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 651 Bannon Street, Suite 400 Sacramento, CA 95811 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov March 14, 2025 Erica Fraser, Director Planning Department City of Plymouth 9426 Main Street Plymouth, CA 95669 Dear Erica Fraser: RE: Plymouth's 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Plymouth's (City) housing element that was adopted January 9, 2025 and received for review on January 17, 2025. In addition, the California Department of Housing and Community Development (HCD) received modifications as authorized by Resolution Number 2025-03 on March 10, 2025. Pursuant to Government Code section 65585, HCD is reporting the results of its review. Our review was facilitated by a meeting on February 20, 2025 with you, and Dana Knight and Margaret Rogers of your staff. The adopted housing element meets most of the statutory requirements of State Housing Element Law (Gov. Code, S 65580 et seq) described in HCD's May 8, 2023 review. However, additional revisions are necessary to substantially comply with State Housing Element Law (Gov. Code, S 65580 et seq), as follows: An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, S 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning. (Gov. Code, S 65583, subd. (c)(1).) The element identifies a shortfall of capacity to accommodate the lower-income regional housing need allocation (RHNA) and unaccommodated need from the Erica Fraser, Director Page 2 5th cycle and as a result, includes Program 3 (Adequate Sites) to rezone approximately six acres to address the needed capacity. However, based on meetings and additional documentation, the City has already completed rezones of that approximate 6 acres and met program requirements from the 5th cycle. As a result, rezoning is not necessary to accommodate the lowerincome RHNA and unaccommodated need from the 5th cycle. But the element does not describe or reflect these conditions and circumstances. Further, the City submitted revisions to the sites inventory in the element and a separate electronic sites inventory that show the now rezoned site but that capacity appears to be used toward the moderate-income RHNA. The element should reconcile this information and reflect the current conditions. Otherwise, the element cannot be found in compliance until rezoning is completed since recent changes to statute require rezoning to be completed within one year of the statutory deadline when not adopting a timely and compliant housing element. To reconcile this information, the element should: Modify all references to a shortfall and need to rezone sites, including specific description of the completed rezoning such as acreages by zone and other applicable areas to accurately reflect the current conditions (please note there is conflicting information about split zoning for the total parcel, the map exhibits from the rezoning do not appear to be available and the City's zoning code does not appear to be available); Describe how rezoning was completed and met all program H-9 requirements as committed in the 5th cycle element; Remove or modify applicable portions of Program 3; and Revise the sites inventory in the element and the electronic sites inventory to utilize at least a sufficient portion of the rezoned site toward the lower- income regional housing need allocation (RHNA). The element will meet the statutory requirements of State Housing Element Law once it has been revised, re-adopted (if necessary), submitted to, and reviewed by HCD to comply with the above requirements pursuant to Government Code section 65585. As a reminder, the City's 6th cycle housing element was due September 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described, adopt, and submit to HCD to regain housing element compliance. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local governments website Erica Fraser, Director Page 3 and to email a link to all individuals and organizations that have previously requested notices relating to the local government's housing element at least seven days before submitting to HCD. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor's Office of Land Use and Climate Innovations at: htps/Ic.cagowplanning.generalplan. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jamillah Williams, of our staff, at Jamillah. Wllams@hcd.ca.oy. Sincerely, RY Paul McDougall Senior Program Manager 6.1 CITY COUNCIL AGENDA ITEM NO. 6.1 SPr Op - 0 T N 6/12/2025 SUBJECT: Sutter Home Winery Rezone and Development Agreement Cancellation. DEPARTMENT: Planning Department STAFF: Erica Fraser, AICP, Planning Director TITLE Rezone of five (5) properties owned by Sutter Home Winery, Inc. from Agriculture/Planned Development to Agriculture and the deletion of an existing Development Agreement between Sutter Home and the City of Plymouth. BACKGROUND The properties comprising the Sutter Home Winery project request were annexed into the City of Plymouth as part of the Burke Ranch project. On November 13, 1997, the City Council adopted Resolutions and Ordinances designating the Sutter Home Winery properties as Agriculture in the General Plan, zoned the properties as Agriculture/Planned Development, approved a Development Agreement, and approved a Negative Declaration. A Development Agreement is required as part of a Planned Development request and the City Council adopted Ordinance 97-23 on December 11, 1997, approving a Development Agreement between Sutter Home Winery and the City (Attachment 3). A Negative Declaration (SCH# 1997052048) was approved by the City Council on November 13, 1997, which reviewed the environmental impacts associated with the planned development plan and included mitigation measures. The Negative Declaration is included in Attachment 3. In November of 2024, Sutter Home Winery, Inc. submitted an application requesting a rezone of the property from Agriculture/Planned Development to Agriculture and the cancellation of the Development Agreement with associated development plan to allow for more flexibility on the property should they or any future property owners need it. Sutter Home has indicated that they would like to sell the properties and have found that the existing Development Agreement and zoning to be a hinderance to selling the properties. CITY COUNCIL AGENDA ITEM NO. 6.1 Pr. Op OIT UNT 6/12/2025 The Sutter Home Winery properties comprising this request are shown in light green with hatch marks on the map below: Figure 1 = Project Location Sutter Home Winery Parcels E On May 1, 2025, the Planning Commission reviewed the proposed project and unanimously adopted Resolution No. 2025-04 recommending City Council approval of the rezone and Resolution No. 2025-03 recommending the City Council cancel the existing Development Agreement. ANALYSIS This project requires two components: a request to cancel the existing Development Agreement and a request for a rezone which are discussed in detail below. Development Agreement The City requires each person requesting approval of a Planned Development to enter into a Development Agreement with the City to govern the construction and implementation of the development plan for the project area. The City Council adopted Ordinance No. 97-23 approving a Development Agreement with Sutter Home Winery as required. The term of the Development Agreement is 50 years (or until January 11, 2048). The Municipal Code and Development Agreement allows the City or Sutter Home to request termination of the Development Agreement (DA). CITY COUNCIL AGENDA ITEM NO. 6.1 o COUNTS 6/12/2025 The key terms of the DA are as follows: 1. Wells can only be used as a secondary water source (on-going, used for agriculture purposes only). 2. The project was required to pay their fair-share contribution for improvements related to water (completed). 3. Applicants were required to comply with the Mitigation Measures in the Negative Declaration (completed). 4. Penalties for non-compliance. Use of the property is required to comply with the approved development plan. 5. Well monitoring (only required until January 1, 2002 and the City no longer uses the wells mentioned). The development plan (Exhibit 2 of the DA) allowed Sutter Home Winery to convert 190 acres of the 230 acre site into a vineyard, construct an accessory structure to be used for the storage and maintenance of vineyard equipment, and to install wind machines. Because the development plan is SO specific, the site is restricted to the one building, use of land for vineyards (only), and the construction of one accessory structure. The City owns a pond (Norm Waters Park) located adjacent the properties. The Park is included in a Memorandum of Understanding (see Exhibit 5 of the Development Agreement). The Park is currently used for a water storage pond, however, the City may wish to develop this into a park for use by residents at some point in the future. The City requires access to the site and has requested that a deed restriction be placed on the properties notifying any future owners that the Park is owned by the City and that access across all parcels is required. The Applicant is requesting cancellation of the Development Agreement which would remove these restrictive measures. For this project, the Development Agreement functions as the planned development in that the planned development (or development plan) is contained within the DA. Staff recommends approval of the cancellation and a Resolution recommending City Council approval of the cancellation of the DA is included as Attachment 1. Rezone The Applicants have requested a rezone from Agriculture/Planned Development to Agriculture (thereby removing the planned development overlay). The removal of the planned developmenloevecpment plan will allow for greater flexibility on this site (as discussed above). However, any future uses are restricted to those listed in Section CITY COUNCIL AGENDA ITEM NO. 6.1 COUNTS 6/12/2025 19.56.030, Allowed Land Use and Permit Requirements, for properties within the Agriculture Zoning District (see Attachment 5). Agricultural operations (including the winery) would be allowed to remain. Any future development of the site (for example a new house or an accessory structure) would require prior approval from the Planning Department or Planning Commission in addition to a Building Permit. Any future requests would be reviewed for compliance with the Municipal Code, development standards for properties zoned Agriculture, and the California Environmental Quality Act. The property is not enrolled in the Williamson Act and is not noted as Farmland of Statewide Importance. The proposed Agricultural zoning is consistent with the existing general plan land use designation of Agriculture. Should Sutter Home Winery ever sell off one or more of the parcels to a different person or entity, Sutter Home Winery will need to record easements across each property to ensure that each parcel has their own access to the public-right-of-way as well as allowing access for the City to access the Norm Waters Park. Sutter Home has agreed to this requirement. Staff recommends the City Council adopt an Ordinance rezoning the Sutter Home Winery properties (Attachment 2). On-Site Wells Sutter Home has wells and related equipment as a secondary water source for the vineyards. City policy prohibits the use of wells for residential or commercial purposes. These wells are existing and the use for agricultural purposes is allowed and Staff has no concerns with continued use. Furthermore, the City stopped testing in 2002 as the requirement for testing in the Development Agreement expired at that time. However, at some point the current owners may wish to sell the properties or the business. In order to ensure that on-site wells are used for agricultural purposes only, the property owner has agreed to record a deed restriction on the property notifying any future owners that the wells can only be used for agricultural irrigation purposes and cannot be used to support a new house, landscaping, a tasting room or any other non-agricultural irrigation uses. The property owner has agreed to file this deed restriction within 30 days if the rezone is approved. Final language of the deed restriction will be reviewed and approved by Staff and the City Attorney prior following approval of the project. CITY COUNCIL AGENDA ITEM NO. 6.1 COUNTS 6/12/2025 CONCLUSION Staff does not have any concerns regarding the cancellation of the Development Agreement. Most of the terms contained within the Development Agreement have been completed. The Development Agreement restricts the use of the property with no benefit to the City or the property owner. Staff recommends approval of the request to cancel the Development Agreement. Additionally, Staff recommends approval of the rezone request. The rezone to Agriculture will allow Sutter Home Winery to continue agricultural operations on the site while providing flexibility for the winery (should they wish to construct a new accessory structure or build farmworker housing) as well as any future owners. Any future development of the site will require review by the City as well as review under the California Environmental Quality Act. Sutter Home Winery will file a deed restriction notifying any future owners that the existing on-site wells can only be used for agricultural irrigation which will inform future owners of the restrictions and provide protection for the City. Should Sutter Home wish to sell parcels individually in the future, Sutter Home has agreed to provide easements to allow for access to the road for these sites and the Park. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed cancellation of the Development Agreement and Rezone is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines because the proposed rezone from Agriculture/Planned Development to Agriculture will not result in any direct physical change to the City. The proposed rezone will remove the Planned Development designation for the site and the accompanying development plan. If rezoned, all allowable uses for the site will be the same as those currently allowed (for properties located within the Agricultural Zoning District) and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines Section 15378). Furthermore, the use of the site for agricultural purposes (which will continue) was reviewed in the 1997 Negative Declaration for the site. Future development of any of the properties will be subject to the requirements of the City's permitting process and the requirements of CEQA. CITY COUNCIL AGENDA ITEM NO. 6.1 a COUNTS 6/12/2025 PUBLIC NOTICE As required by State Law, a notice was published in The Leger Dispatch ten (10) days prior to the hearing. A notice was also mailed to all property owners within 300 feet of the project area. CITY COUCIL ACTION Staff recommends the City Council adopt the following: 1. Adopt Ordinance 2025-06 cancelling the Development Agreement between the City of Plymouth and Sutter Home Winery. 2. Adopt Ordinance 2025-07 rezoning the Sutter Home properties to Agriculture. ATTACHMENTS 1. Ordinance 2025-06 cancelling the Development Agreement between the City of Plymouth and Sutter Home Winery. 2. Ordinance 2025-07 rezoning the Sutter Home Winery properties from Agriculture/Planned Development to Agriculture. 3. Ordinance No. 97-23 Approving a Development Agreement (with Development Plan and Negative Declaration included as Exhibits). 4. Chapter 19.56, Residential and Agricultural Districts. ORDINANCE NO. 2025-06 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLYMOUTH CANCELLING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SUTTER HOME WINERY, INC. FOR THE SUTTER HOME WINERY PLANNED DEVELOPMENT APN 008-070-036, -037, -038, -039 AND -040 (PA 2024-07) WHEREAS, Sutter Home Winery, Inc., the Applicant, has requested approval of a rezone from Agriculture/Planned Development to Agriculture; and WHEREAS, the City of Plymouth requires developers to enter into a Development Agreement for all Planned Developments which was entered into as a part of the prior rezoning request; and WHEREAS, the project also includes a request to cancel the Development Agreement between the City of Plymouth and Sutter Home Winery, Inc.; and WHEREAS, the City Council of the City of Plymouth adopted Ordinance 97-23 approving the Development Agreement on December 11, 1997, for a period of 50 years. The Development Agreement also included the development plan for the Sutter Home Winery Planned Development; and WHEREAS, most of the terms of the Development Agreement have been completed, but the development plan still remains in effect; and WHEREAS, the Applicant has agreed to place a deed restriction on the property within 30 days of approval notifying any future property owners that the existing on-site wells may be used for agricultural purposes only and provide access easements for each parcel as well as an easement to the City for Norm Waters Park across all parcels prior to the sale of any of the properties; and WHEREAS, Section 19.36.030 of the Plymouth Municipal Code allows the cancellation of a Development Agreement through the same process for entering into the agreement; and WHEREAS, on May 1, 2025, the Plymouth Planning Commission held a duly noticed public hearing during which all interested persons were heard and adopted Planning Commission Resolution No. 2025-03 recommending the City Council cancel the Development Agreement between the City of Plymouth and Sutter Home Winery, Inc.; and WHEREAS, a Staff Report was submitted to the City Council of the City of Plymouth recommending approval of the proposed cancellation of the Development Agreement; and WHEREAS, the City Council held a public hearing on the proposed cancellation of the Development Agreement on June 12, 2025, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein and used its independent judgement to evaluate the proposed amendments; and WHEREAS, the City Council of the City of Plymouth hereby makes the following findings related to the cancellation of the Development Agreement as required by Section 19.36.050 of the Plymouth Municipal Code: A. The proposed cancellation is consistent with the objectives, policies, and general land uses specified in the general plan because: 1. The cancellation of the Development Agreement is consistent with the general plan because the site will continue to be designated for agricultural uses. B. The proposed cancellation is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice because: 1. Most of the terms of the Development Agreement have been completed. 2. The Applicant has agreed to record a deed restriction on the property notifying all future property owners that the existing wells may only be used for agricultural irrigation. 3. The Applicant has agreed to file access easements across all parcels allowing for City access to Norm Waters Park and for access to the public right-of-way from each parcel. C. The proposed cancellation will not be detrimental to the health, safety, and general welfare of the City because: 1. No changes are proposed to the current use of the property which is planted with vineyards. 2. Any future development of the site will require prior review and approval by the City and will be required to comply with the Municipal Code and all requirements of the California Environmental Quality Act. D. The proposed cancellation will not adversely affect the orderly development of property or the preservation of property values because: 1. The cancellation will not adversely affect the City because the cancellation will remove the existing restrictions and allow use of the property as allowed by Chapter 19.56, Residential and Agricultural Zoning Districts. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Plymouth does hereby ordain as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by reference. SECTION 2. California Environmental Quality Act ("CEQA"). The City Council finds that this Ordinance approving the cancellation of the Development Agreement and Rezone is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines because the proposed rezone from Agricuiture/Planned Development to Agriculture will not result in any direct physical change to the City, allowable uses will be the same as those currently allowed (for properties located within the Agricultural Zoning District) and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines Section 15378). Furthermore, the use of the site for agricultural purposes (which will continue) was reviewed in the 1997 Negative Declaration for the site. Future development of any of the properties will be subject to the requirements of the City's permitting process and the requirements of CEQA. Section 3. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. Section 4. Severability. If any provision, clause, sentence or paragraph of this chapter and modifications or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter and modifications are declared to be severable. Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption. Introduced on the 12th of June 2025 and PASSED AND ADOPTED by the City Council of the City of Plymouth on the by the following vote: AYES: NOES: ABSTAIN: ABSENT: Peter Amoruso, Mayor ATTEST: Victoria McHenry, City Clerk APPROVED AS TO FORM: Frank Splendorio, City Attorney ORDINANCE NO. 2025-07 ORDINANCE OF THE CITY OF PLYMOUTH REZONING FIVE PROPERTIES TOTALLING APPROXIMATELY 219.27 ACRES, OWNED BY SUTTER HOME WINERY, INC. - APN 008-070-036, -037, -038, -039 AND -040 (PA 2024-07) WHEREAS, Sutter Home Winery, Inc., the Applicant, has requested approval of a rezone from Agricuture/Planned Development to Agriculture; and WHEREAS, the proposed rezone is for five (5) properties owned by Sutter Home Winery, Inc. which are currently used for agricultural purposes; and WHEREAS, the project also includes a request to cancel the Development Agreement between the City of Plymouth and Sutter Home Winery, Inc.; and WHEREAS, the Applicant has agreed to place a deed restriction on the property within 30 days of approval notifying any future property owners that the existing on-site wells may be used for agricultural purposes only and providing access easements to allow all parcels to access the City's right-of-way and to allow the access for the City to Norm Waters Park prior to the sale of any of the parcels; and WHEREAS, on May 1, 2025, the Plymouth Planning Commission held a duly noticed public hearing during which all interested persons were heard and adopted Planning Commission Resolution No. 2025-04 recommending the City Council rezone the project site from Agriculture/Planned Development to Planned Development; and WHEREAS, a Staff Report was submitted to the City Council of the City of Plymouth recommending approval of the proposed Planned Development, and WHEREAS, the City Council held a public hearing on the proposed rezone on June 12, 2025 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein and used its independent judgement to evaluate the proposed amendments; and WHEREAS, the City Council of the City of Plymouth hereby makes the following findings related to the Rezone as required by Section 19.26.040 of the Plymouth Municipal Code: A. The proposed rezone is consistent with the General Plan goals, policies, and implementation programs because: 1. The proposed rezone eliminates the Planned Development zoning designation but allows the underlying standard zoning designation of Agriculture to remain. 2. The site has a general plan land use designation of Agriculture which is consistent with the proposed rezone. 3. No changes to the allowed uses will occur as a result of the proposed rezone and agricultural operations will be allowed to continue. 4. There are existing wells on the property which were approved to support the agricultural operations. Current City practices do not allow private wells for residential uses. The property owner will file a deed restriction on the properties notifying future owners that the wells may only be used for agricultural operations and may not be used to support future residential uses. All new residential dwellings will be required to connect to City water and sewer. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Plymouth does hereby ordain as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by reference. Section 2. Zoning Map Amendment. Pursuant to Chapter 19.26, of Title 19 of the Municipal Code, the City of Plymouth Zoning Map is amended to rezone the following properties to Agriculture (A) district: Parcel One: Parcel A and C, as shown and delineated on PARCEL MAP NO. 2196 FOR BURKE RANCH PROPERTIES, "A PORTION OF THE EAST 1/2 OF SECTION 11 & A PORTION OF THE WEST 1/2 OF SECTION 12, T.7 N., R.10E., M.D.M. & M., COUNTY OF AMADOR, CALIFORNIA", filed for record August 13, 1986 in Book "40" of Maps and Plats, at Page 82, et seq., Records of Amador County. Excepting therefrom the tract of land of about one acre in the Northeast corner of said property heretofore conveyed to the Catholic Cemetery Association and the small triangular piece of about one- quarter of an acre adjoining said Cemetery on the East, as excluded by reference in various documents of record. Also excepting therefrom all roads, drives and courts lying within Burke Ranch Subdivision, Unit No. 3, as conveyed to the Burke Ranch Subdivision Property Owners Association, by Deed recorded March 15, 1977 in Book "303", Page 677, Official Records of Amador County. Parcel Two: Parcel B as shown and delineated on PARCEL MAP NO. 2196 FOR BURKE RANCH PROPERTIES, "A PORTION OF THE EAST 1/2 OF SECTION 11 & A PORTION OF THE WEST 1/2 OF SECTION 12, T.7 N., R.10 E., M.D.M. & M., COUNTY OF AMADOR, CALIFORNIA", filed for record August 13, 1986 in Book "40" of Maps and Plats, at Page 82, et seq., Records of Amador County. Excepting therefrom all roads, drives and courts lying within Burke Ranch Subdivision, Unit No. 3, as conveyed to the Burke Ranch Subdivision Property Owners Association by Deed recorded March 15, 1977 in Book 303", Page 677, Official Records of Amador County. Parcel Three: Parcel D as shown and delineated on PARCEL MAP NO. 2196 FOR BURKE RANCH PROPERTIES, "A PORTION OF THE EAST 1/2 OF SECTION 11 & A PORTION OF THE WEST 1/2 OF SECTION 12, T.7 N., R.10 E., M.D.M. & M., COUNTY OF AMADOR, CALIFORNIA: filed for record August 13, 1986 in Book "40" of Maps and Plats, at Page 82, et seq., Records of Amador County. Excepting therefrom all that portion thereof conveyed to the City of Plymouth, by Deed recorded August 13, 1986, in Book "494", Page 247, Official Records of Amador County. Also excepting therefrom all roads, drives and courts lying within Burke Ranch Subdivision, Unit No. 3, as conveyed to the Burke Ranch Subdivision Property Owners Association, by Deed recorded March 15, 1977 in Book "303", Page 677, Official Records of Amador County. Parcel Four: A non-exclusive easement for ingress, egress and utilities sixty (60) feet in width over, under and across those portions of the area designated as "Burke Drive" on the Final Map of Burke Ranch Subdivision Unit 3 filed for record in the Office of the Amador County Recorder on January 26, 1977 in Book 4 of Subdivision Maps at Page 50 lying Northerly of the Easterly prolongation of the Northerly line of Lot 45 of said Burke Drive and Northerly of the Westerly prolongation of the Northerly line of Lot 60 of said Map, extended to the centerline of said Burke Drive. The above easement is appurtenant to and for the benefit of Parcels A, B, C and D as shown and delineated on Parcel Map No. 2196 filed for record in the Office of the Amador County Recorder on August 13, 1986 in Book 40 of Maps and Plats at Page 82. A map of the rezoning area is shown in green with hatch marks below: TMOAHONYMRD D I GOAEE RIGC SECTION 3. California Environmental Quality Act ("CEQA"). The City Council finds that this Ordinance rezoning the property to Agriculture is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines because the proposed rezone from Agriculture/Planned Development to Agriculture will not result in any direct physical change to the City, allowable uses will be the same as those currently allowed (for properties located within the Agricultural Zoning District) and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines Section 15378). Furthermore, the use of the site for agricultural purposes (which will continue) was reviewed in the 1997 Negative Declaration for the site. Future development of any of the properties will be subject to the requirements of the City's permitting process and the requirements of CEQA. Section 4. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. Section 5. Severability. If any provision, clause, sentence or paragraph of this chapter and modifications or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter and modifications are declared to be severable. Section 6. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption. Introduced on the 12th of June, 2025 and PASSED AND ADOPTED by the City Council of the City of Plymouth on the by the following vote: AYES: NOES: ABSTAIN: ABSENT: Peter Amoruso, Mayor ATTEST: Victoria McHenry, City Clerk APPROVED AS TO FORM: Frank Splendorio, City Attorney Ord. no. 97-23 ORDINANCE OF THE COUNCIL OF THE CITY OF PLYMOUTH APPROVING A DEVELOPMENT AGREEMENT WITH SUTTER HOME WINERY, INC. AND AUTHORIZING THE MAYOR TO EXECUTE IT The Council of the City of Plymouth ordains as follows: SECTION 1. Findings. The City Council finds that: a. The Planning Commission of the City of Plymouth has recommended approval of a development agreement between the City and Sutter Home Winery, Inc. pursuant to the provisions of Plymouth Municipal Code section 19.08.154 and California Government Code section 65864 et seq. The proposed development agreement permits the development of a commercial vineyard and ancillary facilities as described in the development agreement on 230 acres of land presently zoned PD, planned development. b. The Planning Commission of the City of Plymouth has recommended ratification of a mitigated negative declaration for the development agreement, pursuant to the provisions of the California Environmental Quality Act, Government Code section 21000 et seq. The City Council has prior to the adoption of this ordinance ratified the negative declaration. C. The proposed development agreement includes approval of a development plan, use permit and grading permit. d. The proposed development agreement is consistent with the Plymouth General Plan. SECTION 2. Approval. The development agreement between the City of Plymouth and Sutter Home Winery, Inc. is hereby approved, and the Mayor of the City of Plymouth is hereby authorized to execute it upon the effective date of this ordinance, and the City Clerk is directed to record the development agreement within 10 days following its execution. SECTION 3. Effective Date and Publication. This ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15) days after its passage shall be published at least once in a newspaper of general. circulation within the City of Plymouth or shall be posted in at least three (3) public places within the City of Plymouth. 1 PASSED AND ADOPTED by the Council of the City of Plymouth this 11th day of DECEMBER 1997, by the following vote on roll call: AYES: Dave Herrmann, Mike O'Meara, Valerie Klinefelter NOES: None ABSENT: Gene Beck, Elaine Lasich ABSTAIN: None 5 A - - VALERIE KLINEFELTER, Mayor ATTEST: CMis Siddard GLORIA STODDARD, City Clerk 303648.6 2 1998 000254 G9) RECORDED AT REQUESTOF RECORDING REQUESTED BY: Cuty o Plymouth at. 30 Min. Past 9A M City of Plymouth WHEN RECORDED MAIL TO: JAN 12 1998 City of Plymouth Official Records Amador County, California 9426 Main Street Post Office Box 429 $. NO FEE Recorder Plymouth, CA 95669 (SPACE ABOVE THIS LINE FOR RECORDER' S USE) DEVELOPMENT AGREEMENT SUTTER HOME WINERY This Development Agreement ("Agreement ") is made and entered into this lth day of December 1997, by and between the City of Plymouth, a municipal corporation ("City") and Sutter Home Winery, Inc., a California corporation ("Landowner"), and W I T N E S S E I H WHEREAS, A. Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risks of development, the legislature of the State of California adopted Sections 65864 et seq. of the California Government Code enabling a city and an applicant for a development project, who has a legal or an equitable interest in the property to be developed, to enter into 1 Sutter Home Dev. Ag. 1998 000254 a development agreement establishing with certainty what zoning standards and land use regulations of the city will govern the construction and implementation of the development project from beginning to completion. B. Enabling Ordinance. In conformance with Government Code section 65864 et seq. / City has adopted Plymouth Municipal Code section 19.08.154 providing for the use of development agreements within the City of Plymouth. C. Property Description. Landowner is the legal owner of that certain real property consisting of approximately 230 acres located in the City of Plymouth and more particularly described in Exhibit "1" ("the Property"). D. Zoning. The property is currently zoned for PD, Planned Development. Use of property zoned PD requires the approval of a development plan and the implementation of the development plan through the use of a development agreement in accordance with Plymouth Municipal Code section 19.08.150 et seg. E. Project Background and Approvals. 1. On May 15 and June 19, 1997, the City's Planning Commission considered a Project Development Plan, use permit (collectively "the Entitlements"? and a Mitigated Environmental 2 Sutter Home Dev. Ag. 1998 000254 Negative Declaration ("the Negative Declaration") for the Sutter Home Project. After having conducted a duly noticed public hearing, the Planning Commission voted to ratify the Negative Declaration, and approved a use permit allowing land clearing, ripping and land planing. The Planning Commission also voted to recommend to the City Council that it ratify the Negative Declaration and approve the Project Development Plan and a development agreement, subject to certain conditions. 2. On June 23, 1997, the City Council held a public hearing on the Negative Declaration, the Entitlements and this Agreement. On that date, the City Council closed the hearing on the Negative Declaration. 3. On November 13, 1997, the City Council ratified the Negative Declaration and introduced for first reading an ordinance approving this Agreement. 4. On December 11, 1997, the City Council held a further public hearing regarding the Entitlements and this Agreement, and at the conclusion of that hearing the Council approved the Entitlements subject to the approval of this Agreement, and gave second reading to, and passed and adopted, ordinance no. 97-23 approving this Agreement. 3 Sutter Home Dev. Ag. 1998 000254 F. General Project Description. The Sutter Home Project consists of the development of a commercial vineyard on approximately 190 acres of the Property as described in the Development Plan which is attached to this Agreement as Exhibit "2." G. General Plan Consistency. The City Council hereby finds this Agreement and the Entitlements to be consistent with the City General Plan. NOW, THEREFORE, the parties agree as follows : Section 1. GENERAL PROVISIONS 1.1 Binding Covenants. The provisions of this Agreement, to the fullest extent permitted by law, shall constitute covenants which shall run with the Property, and the benetits and burdens of this Agreement shall be binding upon and inure to the benefit of the parties and their successors in interest. 1.2 Incorporation of Recitals - - Warranty. Recitals A through G are hereby incorporated by reference into this Agreement. Without limiting the generality of the foregoing, the Landowner expressly warrants to City that the Landowner has the full right, power and authority to comply with the terms of this Agreement. 4 Sutter Home Dev. Ag. 1998 000254 1.3 Interest of Landowner. Landowner warrants that it holds or will hold a fee interest in the Property at all times necessary to the performance of its obligations and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 1.4 Term. The term of this Agreement shall commence on the effective date of the ordinance authorizing the approval and execution of this Agreement and shall extend for a period of fifty (50) years from that date unless it is terminated, modified or extended by the circumstances set forth in this Agreement or by the mutual agreement of the parties. 1.5 Termination. This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events. (a) Expiration of the fifty (50) year term; (b) Entry of final judgment or issuance of a final order directed to the City to set aside, withdraw, or abrogate City's approval of this Agreement or any material part of the Entitlements; or (c) The effective date of a party's election to terminate the Agreement as provided in Sections 4.1, 5.1 or 6.2 of this Agreement. 5 Sutter Home Dev. Ag. 1998 000254 1.6 Assignment. Landowner shall have the right to sell, assign or transfer this Agreement with all of its right, title and interest therein (but not less than all of its right, title and interest) to any person, firm or corporation at any time during the term of this Agreement. Notwithstanding the foregoing, no such assignment shall be made without the express written assumption of the obligations of the Landowner under this Agreement. No such sale or assignment shall relieve Landowner from its obligation or obligations under this Agreement without the written consent of City, which consent shall not be unreasonably withheld. 1.7 Amendment to Agreement. This Agreement may be amended from time to time by mutual consent of the parties in the manner set forth in Government Code sections 65867, 65867.5 and 65868. All City costs incurred incident to the amendment proceedings and any application fees shall be paid by the amendment applicants. 1.8 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by U.S. mail, first class postage prepaid, return receipt requested, addressed as follows: Notice to the City: City of Plymouth P.O. Box 429 9426 Main Street Plymouth, CA 95669 6 Sutter Home Dev. Ag. 1 1998 000254 Notice to the Landowner: Sutter Home Winery, Inc.: : P.O. Box 248 St. Helena, CA 94574 Attention: Hal Huffsmith with a copy to: Ronald Larson Steefel, Levitt & Weiss One Embarcadero Center, 30th Floor San Francisco, CA 94111-3784 Any party may amend their address for receipt of notice by notifying the other parties. Notice shall be effective on the date delivered in person, or the date when the postal authorities indicate that the mailing was delivered. Section 2. DEVELOPMENT OF THE PROPERTY 2.1 Land Use Entitlements. The permitted land uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project shall be those set forth in the Entitlements and this Agreement. The size and height of buildings shall not exceed that permitted in the commercial zone unless Landowner shall first obtain a use permit, nor exceed the size and height, if any, specified in the Development Plan. 2.1.1 Development Plan. The use of the Property shall be consistent with the Development Plan (Exhibit "2"). 7 Sutter Home Dev. Ag. 11998 000254 Landowner shall substantially comply with the phasing plan or "Schedule of Events" which is Exhibit B attached to the Development Plan. Landowner shall be responsible for all costs incurred in complying with the Development Plan. Uses not included in the Development Plan are prohibited. 2.1.2 Mitigation Measures. The use of the Property shall be consistent with and is subject to the Mitigation Measures which are a part of the Negative Declaration and with the Mitigation Measures which are attached hereto as Exhibit "3" and incorporated herein by this reference. Landowner shall be responsible for all costs incurred in complying with the Development Plan. The Negative Declaration itself is Exhibit C to the Development Plan. 2.1.3 Inconsistent Requirements. In the event of any inconsistency between the requirements of this Agreement, the Development Plan, Mitigation Measures or any of the exhibits, the most restrictive shall govern. 2.2 Applicable Rules, Regulations and Official Policies. 2.2.1 Inconsistency. To the extent any future rules, ordinances, regulations or policies, adopted on a City- wide basis, are inconsistent with the permitted uses, density and intensity of use, or provisions for reservation and dedication of 8 Sutter Home Dev. Ag. 1998 000254 land as provided in this Agreement, or the explicit terms of this Agreement, then the terms of this Agreement shall prevail, unless the parties mutually agree to alter this Agreement. In all other cases, such rules, ordinances, fees, regulations or policies shall be applicable. 2.2.2 Application of Changes. This section shall not preclude the application to development of the Property of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in State or federal laws or regulations. 2.2.3 Authority of City. This Agreement shall not be construed to limit the authority or obligation of City to hold necessary public hearings, to limit discretion of City or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by City or any of its officers or officials, provided that subsequent discretionary actions shall not prevent development of the Property for the uses and to the density and intensity of development as provided by the Development Plan. 9 Sutter Home Dev. Ag. 1998 000254 2.3 City Fees, Taxes and Assessments. 2.3.1 Payment of Processing Costs. Landowner shall, within thirty (30) days of the date of this Agreement, or within thirty (30) days of the date by which the City provides an invoice to Landowner, whichever is later, pay to City all its costs incurred in the processing of this Agreement, including without limitation, its reasonable consultant, engineering, planning and legal fees. 2.3.2 Future Processing Fees and Charges. Landowner shall pay those processing fees and charges required by City under then current regulations covering the actual costs of City in (i) processing applications and requests for permits, approvals and other actions, and (ii) monitoring compliance with any permits issued or approvals granted or the performance of any conditions with respect thereto or any performance required of Landowner hereunder, except for such costs that may be shared by Landowner, City, or third persons pursuant to agreement. Section 3. DEVELOPER OBLIGATIONS 3.1 Obligations of Landowner. Landowner agrees to dedicate, construct or acquire the improvements or facilities and to perform the Landowner obligations set forth in this Agreement at its expense. 10 Sutter Home Dev. Ag. 1998 000254 3.2 Timing of Development, Connection and Mitigation Fees. Any and all required payments of development, connection or mitigation fees by Landowner shall be made at the time and in the amount specified by then applicable City ordinances, except as otherwise provided in this Agreement. 3.3. Infrastructure. 3.3.1 Infrastructure in General. Landowner shall, at its own cost and expense, provide any necessary infrastructure including, but not limited to, streets and utilities or utility hook-ups, or the cost of extending sewer or water services to the site. 3.3.2 Water Projects - Participation in Financing. The Property may be asked to participate in and pay its fair share of a fee or funding mechanism for the improvement of the Plymouth Arroyo Ditch and the construction of the Plymouth Reservoir Project, both of which are necessary to ensure surface water for the Sutter Home Project. Such funding mechanism may include, but is not limited to, an assessment district or community facilities district. City agrees that, prior to imposing on Landowner any fee or other funding mechanism (not including increased water rates) for the purpose of making capital improvements to the Plymouth Arroyo 11 Sutter Home Dev. Ag. 1998 000254 Ditch or the construction of the Plymouth Reservoir Project, it shall consult with Landowner regarding the benefit to the Property of such capital improvements and the share of cost appropriately to be borne by the Property. 3.4 Water Use. 3.4.1 Water Use in General. Water use by Landowner is subject to the provisions of this section. 3.4.2 Surface Water. (a) Surface water shall be the primary source of water for the Sutter Home Project. (b) The City and Landowner have previously entered into a "will-serve letter" dated November 15, 1996, which is attached to this Agreement as Exhibit "4" and is incorporated herein by this reference. The City will provide water from the Arroyo Ditch in accordance with the will-serve letter. (c) The City will fund maintenance and mprovements of the Arroyo Ditch system within the constraints of its budget and other municipal demands. (d) Landowner agrees to cooperate with City and to assist in the shared funding of the salary of one full-time equivalent position of ditch tender or other similar person providing ongoing maintenance in the Arroyo Ditch system. The City agrees 12 Sutter Home Dev. Ag. 1998 000254 that it will seek similar cooperation and payments from other major users of the Arroyo Ditch system. (e) The parties confirm that they will comply with the "Norm Waters Park MOU" dated September 10, 1997 relating to the use of Landowner of a pond on Norm Water Park and the provision of back wash water by City, which is attached to this Agreement as Exhibit "5." 3.4.3 Well Water. (a) Ground water shall be the secondary water supply for the Sutter Home Project. (b) Subject to the provisions of the Mitigation Measures relating to prior agreements between Sutter Home and the City, City agrees to sell Landowner raw water from City's wells consistent with the will-serve letter. Such water shall be made available only during non-peak times as determined by City and when mutually agreed by City and Landowner that provision of said water is not unreasonably affecting ground water supplies necessary for the City to supply its other municipal and industrial users. (c) Landowner may drill one or more back-up wells, provided that prior to pumping of ground water, Landowner shall first establish ground water monitoring parameters approved by City pursuant to the agreement required by the Mitigation Measures. A copy of the ground water monitoring program agreement is attached to this Agreement as Exhibit "6." 13 Sutter Home Dev. Ag. 1998 000254 (d) In use of Landowner's back-up wells, no groundwater may be pumped which adversely impacts the availability of water for either the City's water system or the private wells located within Burke Ranch. 3.4.4 [Reserved] 3.4.5 Water Use Upon Termination or Default. In the event that this Agreement is terminated prior to the end of its term, or in the event that Landowner is determined to be in default of the provisions of this Agreement as determined by a final judgment of a court of competent jurisdiction, all provisions of the will-serve letter or this Agreement obligating the City to provide either surface water or ground water shall automatically terminate. The provisions of this Agreement relating to the pumping of ground water by Landowner shall survive the termination of this Agreement to the extent that Landowner's use of the Property continues as contemplated in this Agreement. Section 4. ANNUAL REVIEW 4.1 Annual Review. City shall, at least every twelve (12) months, review Landowner's compliance with the terms of this Agreement. 14 Sutter Home Dev. Ag. 1998 000254 4.1.1 Submission of Information by Landowner. Upon not less than thirty (30) days' written notice by the City's Planning Director, Landowner shall provide such information as may be reasonably requested by the Director in order to ascertain compliance with this Agreement. 4.1.2 Landowner Right to Participate. Landowner shall be permitted an opportunity to be heard orally and/or in writing regarding its performance under this Agreement before the City Council. Formal rules of evidence shall not apply to such proceedings. 4.1.3 Cure and Termination for Noncompliance. If City determines that Landowner is in default following completion of the annual review, written notice of proposed termination or modification of this Agreement shall be given pursuant to section 5.1. Section 5. DEFAULT, ENFORCEMENT AND REMEDIES 5.1 Default. Failure or delay by any party to perform any term or provision of this Agreement shall constitute a default. 5.1.1 Notice of Default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other 15 Sutter Home Dev. Ag. 1998 000254 party not less than thirty (30) days notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. 5.1.2 Remedies on Default. After notice of expiration of the thirty (30) day period, the party alleging default, at its option, may institute legal proceedings pursuant to this Agreement or give notice of intent to terminate the Agreement pursuant to California Government Code section 65868 or may pursue such other administrative remedies as may be appropriate. Following notice of intent to terminate, the matter shall be scheduled for a hearing before the City Council to consider and review the matter within thirty (30) calendar days. Following consideration of the evidence presented in the review, if no resolution of the matter is reached, the party alleging the default by another party may give written notice of termination of this Agreement to all other parties, if in the opinion of the party giving the notice the defaulting party has failed to immediately commence and to diligently prosecute a cure. 5.1.3 No Building Permit if Default. No building permit shall be issued or building permit application accepted for any structure on the Property if the permit applicant owns or controls any property subject to this Agreement, and if such 16 Sutter Home Dev. Ag. 1998 000254 applicant or any entity or person controlling such applicant is in default of the terms and conditions of this Agreement. 5.2 Cumulative Remedies. In addition to any other rights or remedies, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including but not limited to suits for declaratory relief, specific pertormance, injunctive relief, and relief in the nature of mandamus. All of the remedies described in this Agreement shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 5.3 No Joint Venture or Partnership. City and Landowner hereby renounce the existence of any form of joint venture or partnership between City and Landowner, and agree that nothing in this Agreement or in any document executed in connection with it shall be construed as making City and Landowner joint venturers or partners. 5.4 Defend, Indemnify, and Hold Harmless Agreement. Landowner and all successors agree to and shall defend (using counsel reasonably acceptable to the City), indemnify and hold harmless the City and its elected council and its commissions, 17 Sutter Home Dev. Ag. 1998 000254 officers, agents and employees from any liability (including costs and attorneys' fees) for damages or claims for damage for personal injury (including death) and from claims for property damage which may arise from any act or omission of Landowner, of its assigns, successors in interest, or their agents, employees, contractors or sub-contractors, pursuant to this Agreement, except to the extent arising from the active negligence of City, and shall also defend (using counsel reasonably acceptable to the City), indemnify and hold harmless the City from any action or claim challenging the validity of this Agreement, approval of the Entitlements or ratification of the Negative Declaration. 5.4.1 Maintenance, Indemnity and Hold Harmless. Landowner and its successors in interest shall defend (using counsel reasonably acceptable to the City), indemnify, and hold harmless the City and its elected council and its commissioners, officers, agents, and employees, from any liability (including costs and attorneys' fees) from all claims, demands or actions whatsoever for either property damage or personal injury (including death), which result from the operation of the Sutter Home Project, the maintenance, lack of maintenance or the condition of the Property, including any liability arising out of a failure to comply with any Army Corps of Engineers wetland mitigation requirements, or other similar environmental obligations, or any adverse impact on water supplies, including but not limited to ground water. The obligations to defend and 18 Sutter Home Dev. Ag. 1998 000254 indemnify against claims alleging an adverse impact on water supplies or ground water shall not apply to a Claim which does not arise from or relate to the operation of the Sutter Home Project. 5.4.2 Control of Settlement. In any case in which Landowner is providing a defense and indemnity to the City pursuant to sections 5.4 or 5.4.1, Landowner shall be entitled to compromise such litigation or claim, subject to the City's prior consent, which consent shall not be unreasonably withheld. In those cases where the only affirmative relief sought is monetary damages as the result of either personal injury (including death) or property damage, the failure of the City to consent to a compromise shall relieve the Landowner of further obligation to defend or to indemnify. 5.5 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party challenging the validity of any provisions of this Agreement, approval of the Entitlements or ratification of the Negative Declaration, the parties hereby agree to cooperate with each other in good faith to defend said action. 5.6 Waiver. In consideration of the benefits received pursuant to this Agreement, the Landowner and its successors in interest waive any and all causes of action which they might have 19 Sutter Home Dev. Ag. 1998 000254 under the ordinances of the City of Plymouth or the laws of the State of California or the United States with regard to any otherwise invalid regulation or uncompensated or undercompensated conveyance or dedication of land or easements or improvements or conditions specified in this Agreement. Section 6. MISCEDIANEOUS PROVISIONS 6.1 Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Landowner warrant and represent that they have the authority to execute this Agreement and the authority to bind Landowner to the performance of its obligations hereunder. 6.2 Cancellation or Modification. Any party may propose cancellation or modification of this Agreement, but such cancellation or modification shall require the prior written consent of both parties. 6.3 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, such consent or approval shall not be unreasonably withheld. 6.4 Construction of Agreement. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the 20 Sutter Home Dev. Ag. 1998 000254 paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 6.5 Covenant of Good Faith and Fair Dealing. No party shall do anything which shall have the effect of harming or injuring the right of another party to receive the benefits of this Agreement. Each party shall refrain from doing anything which would render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do to accomplish the objectives and purposes of this Agreement. 6.6 Force Majeure Enforced Delay, Extension of Times of Performance. No party shall be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of G-d, governmental restrictions imposed or mandated by entities other than the City, enactment of conflicting State or federal laws or regulations, litigation (including but not limited to challenges to this Agreement, the Entitlements or the Negative Declaration based upon the California Environmental Quality Act) or similar bases for excused performance if written notice of such delay is given to the other party within thirty (30) days of the commencement of such delay. 21 Sutter Home Dev. Ag. 1998 000254 6.7 Entire Agreement. This is an integrated Agreement, and constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. 6.8 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the pertormance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of any party at any time, the party to whom the request is made shall promptly execute, file or record any required instruments and writings necessary to evidence or consummate the transactions contemplated by this Agreement, and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to Eulfill the provisions of this Agreement. 6.9 Third Party Beneficiaries. This Agreement (including all its exhibits) is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision in this Agreement or any of its exhibits. 6.10 No Waiver. No delay or omission by any party in exercising any right or power accruing upon non-compliance or failure to perform by another party under the provisions of this Agreement shall impair any such right or power or be construed to 22 Sutter Home Dev. Ag. 1998 000254 be a waiver. A waiver by any party of any of the covenants or conditions as a waiver of any succeeding breach or non- performance of the same or other covenants and conditions hereof. 6.11 Severability. If any provision of this Agreement shall be adjudicated to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision hereto, unless such adjustment affects a material part of this Agreement. Notwithstanding any other provisions of this Agreement, in the event that any material provision of this Agreement is determined by a final judgment of a court of competent jurisdiction to be unenforceable, void or voidable, Landowner or City may terminate this Agreement upon providing written notice to the other parties. 6.12 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Amador County Recorder no later than ten (10) days following execution of this Agreement by City, which execution will take place no sooner than the effective date of the ordinance approving this Agreement. 6.13 Attorneys' Fees. In any arbitration, quasi-judicial, or administrative proceedings or any action in any court of competent jurisdiction, brought by any party to enforce any covenant or any of such party's rights or remedies under this Agreement, including any action for declaratory or equitable 23 Sutter Home Dev. Ag. 1998 000254 relief, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses and disbursements in connection with such action, including the costs of reasonable investigation, preparation and professional or expert consultation, which sums may be included in any judgment or decree entered in such action in favor of the prevailing party. 6.14 Venue. Any action arising out of this Agreement shall be brought in Amador County, California, regardless of where else venue may lie. 6.15 Exhibits. This Agreement includes the following exhibits: Exhibit 1: Property description Exhibit 2: Development Plan Exhibit A of Exhibit 2: Map Exhibit B of Exhibit 2: Schedule of Events (Phasing) Exhibit C of Exhibit 2: Negative Declaration Exhibit 3: Mitigation Measures Exhibit 4: Will-serve letter Exhibit 5: Norm Waters Park MOU Exhibit 6: Ground Water Monitoring Agreement IN WITNESS WHEREOF, the City of Plymouth, a municipal corporation, has authorized the execution of this development Agreement in duplicate by its Mayor and attestation by its City 24 Sutter Home Dev. Ag. 1998 000254 Clerk under authority of Ordinance no. 97-23, adopted by the Council of the City of Plymouth on the 11th day of December, 1997, and Landowner has caused this Agreement to be executed. CITY OF PLYMOUTH, a SUTTER HOME WINERY, INC., municipal corporation a California corporation By: By: labviklept Valerie Klinefelter, Mayor [notary required] its: PeESLOENF Inotary required] and SITY By: O a and hifbaglr Chaipman CEO its: freasorer D Inotary required] AA - ATTEST: 9 /917 y à A. . By: CHos Moololardh Gloria Stoddard, City Clerk APPROVED AS TO FORM: hh By: Kor Michaél F. Dean, City Attorney 303634.11 25 Sutter Home Dev. Ag. ALL-PURPOSE ACKNOWLEDGMENT 1998 000254 State of California County of Amador On December 12, 1997 before me, Gloria Stoddard, City Clerk Date Name and Title of Officer personally appeared Valerie Klinefelter Name(s) of Signer(s) personally known to me- OR- D proved to me on the basis ofs satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a acknowledged to me that he/she/they executed the same in his/her/theiF authorized capacity(ies), and that by-ais/her/their signature(s) on the instrument the person(s), or the entity upon * à 0 behalf ofwhich the person(s) acted, executed the instrument. / WITNESS my hand and official seal. 1917 Im - 1 ladcit Clek M. Signaturé TY. CP OPTIONAL Though the injormation below is not required by law, it may, prove valuable to persons relying on the document and could prevent, fraudulent removal and reattachment ofthis form to another document. Description of Attached Document Title or Type of Document: Development Agreement Document Date: December 11, 1997 Number of Pages: 25 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer(s) Name: Valerie Klinefelter Signer(s) Name: Individual Individual Corporate Officer Corporate Officer Title(s): Title(s): Partner Limited General Partner Limited General Attomey-in-fact Attorey-in-fact Trustee Trustee Guardian or Conservator Guardian or Conservator Other: Mayor Other: Signer is Representing: Signer is Representing: City of Plymouth 1998 000254 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT gGcEGXSSXXXXXXCXXXXXXXXXXXXXXXXXaXXXXXXXXXXXXXXXXXXXXXX State of California County of Napa On November 21, 1997 before me, Judy Ann Parady, Notary Public Date Name and7 Title of Officer (e.g.. Jane Doe, Notary Public") personally appeared Louis Trinchero and Roger J. Trinchero Name(s) of Signer(s) X personally known to me - OR = proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-e/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JUDY ANNPARADY Commission: # 1113815 WITNESS my hand and official seal. NotaryPublic- - Colfiomla Napa Counly My Comm. Expires Oct 25. 2000 pdy By MA ady - Signature of Notary Pbslic OPTIONAL Though the nformation below is not required by law, it may, prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Development Agreement Document Date: undated Number of Pages: 25 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Louis Trinchero Signer's Name: Roger J. Trinchero Individual Individual & Corporate Officer X Corporate Officer Title(s): Chairman and CEO & Title(s): President Partner D Limited D General Treasurer Partner Limited D General Attorney-in-Fact Attorney-in-Fact Trustee Trustee FIGHTTHUMEPRINT RIGHTIHUMBPRINT Guardian or Conservator OESIGNER Guardian or Conservator OFSIGNER Other: Top of thumb here Other: Top of thumb here Signer Is Representing: Signer Is Representing: Sutter Home Winery Sutter Home Winery XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX9XXXXXXXXXXXXXXXXXXXXXXX6 01 1995 National Notary Association 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CAS 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 1998 000254 Exhibit 1 PROPERTY DESCRIPTION 1998 000254 EXHIBIT 1 PROPERTY DESCRIPTIONS ORDER NO. 31730 SCHEDULE C POLICY NO. FTY 315862 All that certain real property situated in the County of Amador, State of California, more particularly described as follows: PARCEL NO. ONE: Parcel A and C, as shown and delineated on Parcel Map No. 2196 for Burke Ranch properties, "A portion ofthe East % of Section 11 & A portion oft the West % of Section 12, T.7N., R. 10 E., M.D.M., County of Amador, California", filed for record August 13, 1986 in Book 40" of Maps and Plats, at Page 82, et seq., Records of Amador County. EXCEPTING THEREFROM the tract of land of about one acre in the Northeast corner of said property heretofore conveyed to the Catholic Cemetery Association and the small triangular piece of about one-quarter of an acre adjoining said cemetery on the East, as excluded by reference in various documents of record. As to Parcel A only. ALSO EXCEPTING THEREFROM all roads, drives and courts lying within Burke Ranch Subdivision, Unit No. 3, as conveyed to the Burke Ranch Subdivision Property Owners Association, by deed recorded March 15, 1977 in Book 303", > Page 677, Official Records of Amador County. PARCEL NO. TWO: Parcel B as shown and delineated on Parcel Map No. 2196 for Burke Ranch Properties, "A Portion of the East % of Section 11 & A Portion oft the West % of Section 12, T. 7N., R. 10 E., M.D.M., County of Amador, California", filed for record August 13, 1986 in Book 40" of! Maps and Plats, at Page 82, et seq., Records of Amador County. EXCEPTING THEREFROM all roads, drives and courts lying within Burke Ranch Subdivision, Unit No. 3, as conveyed to the Burke Ranch Subdivision Property Owners Association by deed recorded March 15, 1977 in Book "303", Page 677, Official Records of Amador County. 1998 000254 PROPERTY DESCRIPTIONS EXHIBIT 1 PAGE 2 ORDER NO. 31739 POLICY NO. FTY 315862 PARCEL NO. THREE: Parcel D as shown and delineated on Parcel Map No. 2196 for Burke Ranch Properties, "A Portion oft the East % of Section 11 & A Portion oft the West % of Section 12, T. 7N., R.10 E., M.D.M., County of Amador, California", 9 filed for record August 13, 1986 in Book 40" of] Maps and Plats, at Page 82, et seq., Records of Amador County. EXCEPTING THEREFROM all that portion thereof conveyed to the City ofPlymouth, by deed recorded August 13, 1986, in Book 494", Page 247, Official Records of Amador County. ALSO EXCEPTING THEREFROM all roads, drives and courts lying within Burke Ranch Subdivision, Unit No. 3, as conveyed to the Burke Ranch Subdivision Property Owners Association, by deed recorded March 15, 1977 in Book "303", Page 677, Official Records of Amador County. PARCEL NO. FOUR: A nonexclusive easement for ingress, egress and utilities sixty (60) feet in width over, under and across those portions ofthe area designated as "BURKE DRIVE" on the final map of Burke Ranch Subdivision Unit 3 filed for record in the office ofthe Amador County Recorder on January 26, 1977 in Book 4 of Subdivision Maps at Page 50 lying Northerly oft the Easterly prolongation of the Northerly line, ofLot 45 of said map, extended to the centerline ofsaid BURKE DRIVE and Northerly oft the Westerly prolongation of the Northerly line, oflot 60 of said map, extended to the centerline of said BURKE DRIVE. The above easement is appurtenant to and for the benefit of Parcels A, B, Cand D as shown and delineated on PARCEL MAP No. 2196 filed for record in the office oft the Amador County Recorder on August 13, 1986 in Book 40 of Maps and Plats at Page 82. 1998 000254 Exhibit 2 DEVELOPMENT PLAN 1998 000254 Plan for Vineyard Development of Burke Ranch (Project Description and Development Plan) Sutter Home Vineyards plans to establish vineyards with specific accessories and to conduct associated farming practices on lands known as "The Burke Ranch Annexation", in the City ofPlymouth, Amador County, California. It is anticipated that approximately 190 acres ofthe 230 acre site will be turned into vineyard. An attached map shows the approximate exterior boundary of the vineyard area. Jurisdictional wetlands within the area are being identified. They will be preserved as areas protected within the vineyard development plan. Existing trees and other native and non-native vegetation outside of the jurisdictural wetlands will be removed within the project area at the applicants discretion. Earth will be "ripped" to a four foot depth, then land-planed" prior to planting. Ripping is done with a strait shank pulled by a tractor for the purpose of disturbing hard layers of ground (shattering the subsoil) to allow root penetration. According to Sutter Home, the USDA Natural Resource Conservation Service claims that ripping improves the quality of range land. The vineyards will follow existing contours: no significant grading is proposed or required. Private dirt roads will separate vineyard blocks and a deer fence up to ten feet in height will be constructed on the periphery ofthe project area. The project area outline on the attached map may be modified by the applicant during vineyard development. The vineyard area will not, however, leave the boundaries of the Burke Ranch annexation property. The project's intended source ofwater will be the City ofPlymouth, although the project also includes a backup well. The project also includes an agricultural building to house a vineyard shop and vineyard equipment. The building will be up to 3,500 sq.ft. in area. Its exact location on the project site and its design are not yet available and will be left to the applicant's desecration without further City review except for building permit. The project also includes propane powered wind machines. These will be located no closer than 350 feet from any perimeter property line. These are frost inhibiting fans that will be driven by V8 engines at night during spring months when temperatures approach 35 degrees F. A vineyard development schedule is attached. The applicants are authorized to vary from the schedule if fnecessary. o 1998 000254 (C zh 8 : PROJECT SITE ng 3M 064 20 Plymouth : 109 : Fairgrou 5 C Empire - Mi WT Picitc 11 10, 11 8 8 : 0 65 - Lasding I :9 Strip / I P.oneer : E - di2 Mine w4 a E E a E SUSTER HoGE VINEYARD! BIRKE RANCH ANNEX 15.100- Plymouth City Limits a Plymouth Sphere of a R san Influence 970 I Plymouth C 3 21 o 2. 2 4 4 N Orytown 1mi. scale EXHIBIT L AgEL2 1998 000254 B - a r 1998 000254 Schedule of Events for the Vineyard Development of Burke Ranch March, 1997 - Construct dams to retain water for irrigation. April/May, 1997 . Biological evaluation and delineation ofjurisdictional wetlands. June, 1997 - Ripping Phase 1 (approximately 150 acres) to a 4 foot depth and tree removal. July, 1997 - Initiation of one of the following discing strategies based on dust issues. a) Disc and landplane in July. b) Disc and landplane only where irrigation mainlines will be installed and finish land prep in the (i) fall or (ii) spring of 1998. c) Installation of the in-field irrigation system. d) Placement of containment vessel enclosed fuel tanks and the use of portable sanitation facilities. August, 1997 - Drill a well and install water transfer pipe to upper reservoir. October, 1997 - Plant cover crop to prevent erosion if necessary. Winter, 1997/98 - a) Pour concrete pads for the irrigation filter station and install filters. b) Pour concrete pad for the pump used to transfer water between reservoirs. c) Build a combination shop and equipment storage building. d) Build a deer fence. Winter/Spring, 1998 - Mark the vineyard and install the trellis system and drip irrigation tubing. Spring, 1998 - Plant the vines and begin regular farming practices. Fall, 1998 - Pour pads and erect wind machines. Also, any additional plantable acreage will be developed to vineyard and planted in 1999 or beyond. Please note that General Farming Practices include, among other things, discing, spraying, mowing, harvesting and the utilization ofhandcrews for training, pruning and harvesting. EXHBIBgELR 1998 000254 DRAFT NEGATIVE DECLARATION SUTTER HOME VINEYARD AT BURKE RANCH ANNEXATION PLYMOUTH, CALIFORNIA The City of Plymouth hereby proposes that based on the attached Project Description, the attached Environmental Initial Study Checklist and Discussion, and the attached Mitigation Measures and Monitoring Program, the Sutter Home Vineyard at the Burke Ranch Annexation in Plymouth will not have a significant impact on the environment. EXHIBIT. LgEuz 1998 000254 ENVIRONMENTAL CHECKLIST FORM 1. Project titie: Sutter Home/Burke Ranch Vineyard Development 2. Lead agency name and address: City of Plymouth P. O. Box 429, Plymouth, CA 95669 3. Contsct person and phone aumbes: Charles Field (209) 245-6941 4. Project location: Burke Ranch Annexation, east half (230+ acres) of City of Plymouth 5. Project sponsor's name and address: Sutter Home Winery, Hal Huffsmith, Vice President, Vineyard Operations P. O. Box 248, St. Helena, CA 94574 6. General plan designation: PD: Planned Development 7. Zoaing: PD: Planned Development 8. Description of project: (Describe the whole action invoived, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary fori its implementation. Attach additional sheets if necessary.) 37 190 45 Approval of development plan for planting approximately-16e acres of vineyard on property presently known as the Burke Ranch annexation to City of Plymouth. Project includes equipment storage shed, diesel powered frost prevention fans, perimeter deer fencing and other specified accessories. 9. Surrounding land ases and setting: (Briefly describe the project' s surroundings) North: agriculture/open space; East: rural residential; South: agriculture/open space; West: industrially designated open space : 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Amador County Agricultural Commissioner ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked beiow would be potentially affected by this project, involving at least one impact that is a "Potentially Significant! Impact" as indicated by the checklist on the following pages. Land Use and Planning Tamsgporation/Cinmalation Public Services Population and Housing Biological Resources Utilities and Service Systems Geological Problems Energy and Mineral Resources Aesthetics Water Hazards Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance 1998 000254 6) Lead agències are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g.. general plans, zoning ordinances). Reference to aj previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. See the sample question below. A source list should be attached, and other sources used or individuais contacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones. Sample Question: Potendally Issues (and Supporting Information Sources): Potencielly Signifiosnt Unien Lass thas Significant Mirgaion Significnnf Would the proposal result in potential impacts involving: Impact Incorporaed Inpact No Impact a) Landslides or mudslides? (1,6) (Attached source list explains that 1 is the general plan, and 6is a USGS topo map. This answer would probably not need further explanation.) ENVIRONMENTAL IMPACTS: Potencielly Sigrificant Potencially Unles: Laut than Significant Mirigacion Significant L LAND USE AND PLANNING. Would the proposal: Impact Incorporated Impact No Impact a) Conflict with general plan designation or zoning? (Source #: ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over thej project? ( ) c) Be incompatible with existing land use in the vicinity? ( 1 ) d) Affect agricultural resources or operations (e.g., impacts to soils or farmiands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of an established community (including al low-income or minority community)? ( ) IL. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) IL GEOLOGICPROBLENS Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of land? ( ) h) Expansive soils? ( 1 - i) Unique geologic or physical features? ( / 1998 000254 Pasen Sigalficant Posgasielly Uskesz Lenz then Signficant Mligasios Sigslficnat IV. WATER. Would the proposal result in: lapect lmcarperaed Impect Ne Impact a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater: recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( / h) Impacts to groundwater quality? ( / Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V.. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( - b) Expose sensitive receptors to pollutants? ( ) / c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) - d) Create objectionable odors? ( ) VL TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( / c) Inadequaté emergency access or access to nearby uses? ( - d) Insufficient parking capacity onsite or offsite? ( J - e) hazards or barriers for pedestrians or bicyclists? ( ) ) Conflicts with adopted policies supporting alternative transportation (e.g., bus tumouts, bicycle racks)? ( ) / g) Rail, waterbome or air traffic impacts? ( - ) VIL. BIOLOGICAL RESOURCES. Would the proposal result in impacts 1o: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animais, and birds? ( ) b) Locally designated species (e.g., heritage trees)? ( c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? ( ) J) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) 1998 000254 Poeradially Siguifioant Potentially Uakr Lass than Significant Mirigaion Significant VIL ENERGY AND MINERAL RESOURCES. Would the proposal: impact Iacorporsted impect No Impe a) Conflict with adopted energy conservation plans? ( - ) X b) Use nonrenewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would ghe proposal involve: a) A'risk of accidental explosion or release of! hazardous substances (including, but not limited to, oil, pesticides, chemicais, or radiation)? ( b) Possible interference with an emergency response plan or emergency evacuation plan? ( 1 ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Increased fire hazard in areas with flammable brush, grass, or trees? ( X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( 1 XL PUBLIC SERVICES. Would the proposal have an effect upon, or result in ai need for new or altered govemment services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other government services? ( / ) XIL UTILITTES AND SERVICE SYSTEMS. Would the proposal result in a need for new. systems or. supplies, orsubstantial alterations to the : following utilities: a) Power or natural gas? ( 1 b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) sewer or septic tanks? ( e) Storm water drainage? ( J f) Solid waste disposal? ( ) g) Local or regional water supplies? ( ) XIL AESTHETICS. Would. the proposal: a) Affect a scenic vista or scenic highway? ( b) Have a demonstrable negative aesthetic effect? ( ) c) Create light or giare? ( ) 1998 000254 Fatsmelelly Siglfeant Poasarielly Umlser Less chas Sigafeat Aigarlos Sigrificant Impart lmcarpermed lepact No Impact XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb palcontological resources? ( ) b) Disturb archaeological resources? ( ) c) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) d) Restrict existing religious or sacred uses within the potential impact area? ( ) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( - b) Affect existing recreational opportunities? ( ) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining leveis, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly ori indirectly? XVIL EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discus- sion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and ad- equately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which are incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080(c), 21080.1, 21083, 21083.3, 21093, 21094, 21151; Sundstrum V. Couny Mendocino, 202 Cal.App.3d 296 (1988); Leonoffy. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). 1830 0UUGJ4 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 DISCUSSION OF ENVIRONMENTAL EVALUATION The following discussion is keyed, by numerals and letters, to the previous Environmental Checklist. Sources for all information are shown in parenthesis. Where sources are not indicated then the source ofinformation is Charles Field, Plymouth City Planner. I. a Public review and City action on the proposed development plan is implementing the City's General Plan and zoning ordinance planned development requirements. b Besides the City of Plymouth, there are no known environmental plans or policies adopted by agencies with jurisdiction over the project. C The project is compatible with the existing rural residential, industrial, and agriculture/open space land uses in the vicinity. d Agricultural operations on the project site will be modified and intensified. Past use included open space and grazing. The proposed use will be vineyards. e The project does not disrupt or divide the physical arrangement of an established community. II. a,b The project includes no residential facilities, therefore, it does not affect population or induce growth. C There is presently no human habitation on the project site, therefore, the project does not affect existing or affordable housing. III. a,b,c,d The project site does lie along the Malones fault, however, the project includes no structures other than the proposed shop and storage building. The shop and storage building will be constructed according to City codes which consider earthquake design criteria. III. e The project does not include substantial slopes or grading. f The project envisions removing the natural vegetation from approximately 160 acres and replacing the area with vineyards. This area will be subject to erosion, especially during the construction phase. See mitigation measure #2. 6 1330 UULU Sutter Home Vineyard Negative Declaration atl Burke Ranch May 9, 1997 g, h The proposed land use does not subject persons or property to significant impacts associated with subsidence ofland or expansive soils. 1 : There are no unique geologic or physical features on the project site except, possibly, for mine tailings located in the western perimeter. Establishment of vineyards in this tailing area will be subject to future biological and soils investigation. IV. a,b,d,e The project area ground surface will remain essentially uncovered and non- XII C,e compacted, therefore, absorption rates and the. rate and amount of surface water runoff should remain as it exists. Likewise, since the project maintains current topography, drainage patterns should also be unaffected. IV. C There is a potential for fertilizers, pesticides and other materials associated with the agricultural activity to enter surface waters in the project vicinity. See mitigation measure #4. IV. fghi The primary source ofv water for the project is untreated surface water from XII g the City of Plymouth via the Plymouth Arroyo Ditch. The project will include a backup well. The project will require up to a maximum of 320 acre feet ofwater per year. V. a Amador County is designated an air quality "attainment area" with the exception of ozone. Ozone levels should not be significantly affected by the proposed land use espescially since frost prevention fans will be propane powered. V. b The proposed vineyard will be subject to application of pesticides, IX. a,c,d fungicides, herbicides, fertilizers and other chemicals. Nearby residents could be considered sensitive receptors. See mitigation measure #4. V The project design will not affect micro-climate. d The chemicals and fertilizers used in the vineyard operation generally have an innocuous odor. The possible exception would be application of sulfur which will have a less than significant impact on local receptors. VI. a,b,d The proposed project is not expected to generate substantial additional VI. e,fg vehicle traffic or create hazards to the safety of existing traffic including bicycles, pedestrians, transit or other modes oftransportation. 7 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 VI. C A main access road through the project site will continue to serve as an IX. b emergency exit for property owners in the existing Burke Ranch development. VII. a The California Natural Diversity data base shows no occurrences of XVI. a rare or endangered plant or animal species in the Plymouth area. VII. b,c There are no locally designated species or natural communities affected by the project. VII. d A wetland habitat investigation has been conducted by the applicant. The project design will include avoidance of wetlands (see also mitigation measure #1). VII.e, XVI a. According to the Draft Environmental Impact for Burke Ranch Annexation to the City ofPlymouth (1978), "the Burke Ranch is typical of the modified foothill vegetation belt ofthe Sierra foothills. At one time the land was mostly covered by oak a foothill vegetation belt ofthe Sierra foothills. At one time the land was mostly covered by oak woodlands and chaparral. With the coming of ranchers, the land was nearly 100% cleared oft the low vegetation to allow the native grasses to grow. Several large blue or white oak trees were left per acre to provide needed shade for the grazing cattle creating an artificial "savanna" condition. The grazing cattle ate many of the small budding trees or brush perpetuating this condition... "The animals typical to this vegetation community consist of resident deer, California ground squirrels, brush and jack rabbits, meadow larks, and other open area feeders. In addition, acorn woodpeckers, flickers, and various raptors can be expected to use the tall trees for perching and perhaps nesting. Some modification of the animals in the area has occurred due to the encroachment of development.. . The project will cause removal of natural oak, grassland habitat and replacement with vineyards. This will remove foraging habitat for raptors, deer and other animals. It may also affect migration patterns. VIII. a The project does not conflict with any adopted energy conservation plans. b The project makes maximum use of soils resources. 8 : 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 C The project is adjacent to mineral resources of potential value. The project owner is subject. to an agreement with the owners of adjacent mineral resources designated lands such that the vineyard owner/operators will not interfere with the development of potential mineral resources on adjacent lands. IX. a,b,c,d,e The Plymouth Fire Chief has commented that the proposed project will XVI.d reduce fire hazards on the project site. Although this hazard reduction does apply in the case of wild land fire hazard, construction of a 3,500 square foot shop building and storage ofl hazardous materials will increase fire hazards in this particular area. X. a,b The propane powered frost prevention fans will increase existing noise levels on the project site. They will be operated during night time and early morning hours in the frost season whenever temperatures approach 35 degrees Fahrenheit. The fan engines are unmuffled, however, the fan propeller noise is usually considered the greater annoyance. The sound ratings of said machines is reported by the applicant to be 58 decibels at an open distance of350 feet. This fits within the City's General Plan Noise Element and zoning ordinance regulations which require maintenance of sound less than 60 decibels at the property in the PD zone (see mitigation measure #5). XI. a,b,c The proposed project is not expected to have a significant impact on police d,e protection, fire protection, schools, or the maintenance of public facilities and other governmental services. XII. a,b,c The proposed project is not expected to have a significant impact on power d,e,f or natural gas facilities, communication systems, local or regional water treatment or distribution facilities, sewage treatment facilities, or solid waste disposal. XIII. a,b,c The project is not expected to seriously impact views from existing county route 16 or residences in the area. XIV. a,b,c,d Archaeological and cultural resource investigations have been conducted. Part of this information is available in the Burke Ranch EIRs. The applicant has worked with a local representative of the Native American community in developing a mitigation measure for archaeological sites on the property. Vineyards may be planted over some sites that may contain archaeological resources. (See mitigation measure #5) 9 1990 UUUGV Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 XV. a,b Public access to the City owned Norm Waters Park is assured. XVI. b The City considers planting of vineyards on the project site to be a long term environmental advantage preserving open space while utilizing resources and improving the local economy are all activities consistent with the City's long term General Plan. Considered "in-total" all of the potential impacts of this project do not add up to be a separately considerable impact. 10 1998 000454 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 MITIGATION MEASURES / MONITORING PROGRAM PAGE 1 OF 7 Each oft the project's mitigation measures specifies a stage or time frame and a responsible agency. The stage/time frame indicates when in the three phases of project development schedule each mitigation measure must be completed. The three phases of the project site's development schedule are: 1. Pre-construction 2. During Construction 3. Post Construction The project shall not proceed to construction until all pre-construction mitigation measures are fulfilled. The project will not be certified as operable by the State or City until all during-construction mitigation measures are fulfilled. Any affected citizen or agency may request the City and/or the Courts to insure the enforcement of all post- construction mitigation measures. The following pages segregate and list each mitigation measure based upon which of the three stages of project development the mitigation measure must be carried out. Also listed on the chart is the agency (or agencies) responsible for ensuring the mitigation measure is carried out. Some measures are listed as both "pre-construction" and "during construction" conditions or both "during construction" and "post construction" conditions. This means that these conditions have parts that have to be fulfilled at both of the referenced stages of the project. The project shall also not be modified during construction or after construction to violate any pre-construction or during-construction conditions. The City has named its Planning Commission Secretary as the project's mitigation monitoring coordinator. The Planning Commission Secretary maintains and regularly reviews conditions and mitigation measures for all projects in the City. The Planning Commission Secretary shall be responsible for overseeing and coordinating with each listed responsible agency and then "signing off" each mitigation measure as it is completed. The Secretary will not sign off on any mitigation measure intended to fulfill the concerns of any agency within or outside of the City until the Secretary receives written assurance that the agencies concerns and the provisions of the mitigation measure are fulfilled. The Planning Commission Secretary will make regular reports to the lead agency (Plymouth City Council) regarding mitigation monitoring. This mitigation monitoring program is intended to fulfill the requirements of State Public Resources Code Section 21081:6 and Chapter 15.06 of the City of Plymouth Municipal Code. 11 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 MITIGATION MEASURES / MONITORING CHECKLIST PAGE 2 OF 7 MONITORING COORDINATOR: Plymouth Planning Commission Secretary PRE-CONSTRUCTION MITIGATION MEASURES Construction of Sutter Home Vinevard at Burke Ranch Project shall not be initiated until all pre-construction conditions are met. Project shall also not be modified during construction or after construction to violate any pre construction conditions. 1. Applicant will complete a jurisdictional wetlands delineation. The project development will avoid all jurisdictional wetlands. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 2. An agreement shallbe executed between the City, the applicant, and the Burke Ranch Property Owners Association to insure that the project will not impact water supplies available to existing users before water is pumped. Burke Ranch Property Owners Association shall provide one representative to negotiate on behalf ofthe Association. The agreement shall include specific details to insure surface water supply is a reliable and primary source ofwater supply for the project. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 3. Sutter Home shall not disturb any area within 50 feet ofthe visible grave markers at the Catholic cemetery Responsible Agency: City of Plymouth date completed Mitigation Monitor signature 12 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 4. Dense poplars shall be planted and maintained through maturity by the applicant as a buffer between the Plymouth Elementary School and the vineyard. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 13 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 MITIGATION MEASURE / MONITORING CHECKLIST PAGE 4 OF 7 MONITORING COORDINATOR: Plymouth Planning Commission Secretary MITIGATION MEASURES REQUIRED DURING CONSTRUCTION All mitigation measures required during construction shall be satisfied before the Sutter Home Vinevard at Burke Ranch may commence operations. 5. Applicant shall plant a cover crop if necessary to prevent erosion in early fall. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 6. If archaeological artifacts are uncovered during grape planting operations, then such operations shall cease in the area of the discovery and the Native American Heritage Commission (NAHC) will be contacted. Representatives of the NAHC will respond and oversee appropriate action. Responsible Agency: City of Plymouth date completed Mitigation Monitor signature 7. Issues ofwater mains, fire hydrants, fire flow, emergency access roads, and Uniform Fire Code regulations will need to be addressed as required by the Fire Department with issuance of a building permit for the proposed shop building and no further Planning Commission review for said building will be necessary. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 14 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 8. The old access near the intersection ofFiddletown Road should not be used. The existing paved access further to the west shall be the access to the project site for safety reasons. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 15 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 MITIGATION MEASURE / MONITORING CHECKLIST PAGE 6 OF 7 MONITORING COORDINATOR: Plymouth Planning Commission Secretary MITIGATION MEASURES REQUIRED AFTER CONSTRUCTION (DURING OPERATIONS) All mitigation measures required after construction shall be monitored regularly. Violations may cause operators to be affected while enforcement is resolved. 9. The applicant shall comply with existing regulations of the Amador County Agricultural Commissioner strictly controlling the use of pesticides, fungicides, herbicides, fertilizers, and other potentially hazardous materials on the site. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 10. Applicant will schedule perimeter tractor work at early evening hours and interior acreage at night and during early morning hours ifthere are any complaints. Responsible Agency: City ofP Plymouth date completed Mitigation Monitor signature 11. No spraying oft the vineyards shall be conducted from airplanes or helicopters. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 16 1998 000254 Sutter Home Vineyard Negative Declaration at Burke Ranch May 9, 1997 12. Sound levels at the project area boundary shall not exceed 60 decibels Leq in conformance with the City's Genéral Plan and zoning ordinance. Any public complaints of excessive noise may cause the City to require the applicant to pay for noise monitoring and, if necessary, to remedy the situation. Responsible Agency: City ofPlymouth date completed Mitigation Monitor signature 17 1998 000254 Exhibit 3 MITIGATION MEASURES PRECONSTRUCTION MITIGATION MEASURES : 1. Applicant will complete a jurisdictional wetlands delineation in a form approved by the City Planner. No grading, ripping or other project development will occur within any jurisdictional wetland. 2. Prior to issuance of a building permit for the shop building, the Fire Chief shall approve plans for the provision of water mains, fire hydrants, and emergency access for the project. Applicant shall provide all such facilities at its cost prior to occupancy of the shop building. CONSTRUCTION AND PROJECT OPERATION MITIGATION MEASURES: 3. Applicant shall plant a cover crop if necessary to prevent erosion in early fall of each year. 4. If any archaeological artifacts are uncovered during either ripping, grading, planting, construction or other project development or operation, such activity shall cease in the area of the discovery and Applicant shall notify the Native American Heritage Commission ("NAHC"). The Applicant shall not recommence activities within the area of the artifacts until having complied with any direction of the NAHC for preservation of the artifacts. 5. No grading, ripping, construction or other project activities shall occur within fifty (50') feet of the adjacent cemetery site. 6. Applicant shall plant high density poplar trees adjacent to the Plymouth Elementary School. Applicant shall irrigate and maintain the poplars. PROJECT OPERATION MITIGATION MEASURES: 7. Applicant shall comply with the regulations of the Amador County Agricultural Commissioner regarding the use of pesticides, fungicides, herbicides, fertilizers or other potentially hazardous materials. No such materials shall be used in such a manner as to affect or be measurable in groundwater supplies. 8. Sound levels at the project boundary shall not exceed 60 decibels Leq. Any public complaints of excessive noise may cause the City to require the Applicant to measure or monitor noise levels at the Applicant's cost. Should noise levels exceed Exhibit 3, page 1 1998 000254 60 decibels Leq at the project area boundary, the Applicant shall remedy the situation at its cost. 9. Prior to pumping any groundwater, the Applicant shall enter into an agreement with the City providing for the monitoring of the effect of groundwater use, and which provides that no groundwater may be pumped which adversely impacts the availability of water for either the City's water system or the private wells located within Burke Ranch. 10. No aerial spraying is permitted. 11. Access to the site (other than emergency access) from the unpaved access road near the intersection of Fiddletown Road is prohibited. Site access shall be from the paved access road on the west side of the site. 12. Applicant shall not schedule perimeter tractor work during night and early morning hours should the City Council sO request after receipt and review of complaints regarding noise. Exhibit 3, page 2 1998 000254 Exhibit 4 WILL-SERVE LETTER 1998 000254 City of Ply mouth CALIFORNIA N - : November 15, 1996 Sutter Home Winery Inc. 100 St. Helena So. P.O. Box 248 St. Helena, CA. 94574 Re: Will Serve Letter for Water The City of Plymouth will serve raw water for irrigation purposes to Sutter Home Winery Inc. The water will be provided by the City owned and operated Arroyo Ditch and be supplemented by raw well water. -The delivery of said water is conditional upon the following: 1. The City's deliver of water from the ditch is subject to the rights of third persons to the same water. 2. The City's deliver of water is made subject to the prior needs of municipal & Industrial users. 3. The City's deliver of water from the Arroyo Ditch or wells is subject to availability. 4. When ditch water is supplemented with raw water from wells, Sutter Home Winery Inc. agrees to pay additional electricity charges incurred by the City as a result of additional pumping. 5. Sutter Home Winery Inc. agrees to pay a stand by charge of $500.00 annually, & shall be payable when water use commences. PLYMOUTH CITY HALL . 94261 MAIN STREET P.0. BOX:429 e PLYMOUTH, CA 95669 PHONF (2091 245-6941 e FAX 12001746.6057- 1998 000254 SUTTER HOME WINERY, INC. WILL SERVE Nov. 15, 1996 Page 2 6. Sutter Home winery Inc. agrees to pay a charge of $45.00 per acre foot which is subject to an inflation index, which will be the cost of construction index of the Engineering News Record. The first adjustment to the cost per acre foot will occur two (2) years after this will serve letter, and each two (2) years thereafter. 7. This will serve letter terminates automatically if not utilized within three (3) years. 9ans Gs hb. Sbawwrb Mayor, City of Plymouth Sutter Home/ vi nery, Inc. DATE: 11/20/96 DATE: /abg6 ATTEST: Mon Hdolard Clerk, City of Plymouth 1998 000254 Exhibit 5 NORM WATERS PARK MOU 1998 0002547 MEMORANDUM OF UNDERSTANDING Between the City Council of the City of Plymouth and Sutter Home Winery: The City of Plymouth, hereinafter referred to as City, owns a pond on property referred to as," Norman Waters Park, I hereinafter called park. The park is located as described in.Book 494, Page 247 Of Official records in the Office Of the County Recorder in the County Of Amador; and Sutter Home Winery, hereinafter referred to as Sutter Home, wishes to use said pond to store and use water for irrigation purposes. It is understood that the pond and the park on which the pond is located are located in and adjacent to the Sutter Home property, and can be used to the benefit Of both the City and Sutter Home. City agrees in concept with the beneficial use Of said pond by Sutter Home for water storage for irrigation Of grapes and related work - said storage is to come from runoff, wells, backwash from the City's water treatment plant, and the Arroyo ditch. Water acquired from the City pond by Sutter Home at its request, will be paid for in accordance with the will serve letter from the City to Sutter Home; WHEREBY, City agrees that Sutter Home may use the pond for storage Of irrigation water and use Of said water for irrigation Of grapes and other usage pertinent thereto until such time that the City decides to improve and use the pond and site for a park or any other purpose the City deems appropriate; WHEREBY, City will attempt in its development Of the park to work with Sutter Home in creating a park setting that is beneficial to Sutter Home and the City - e.g. if the park and pond can be developed SO Sutter Home can realize a benefit, aesthetically or otherwise, and the City can realize a benefit in use Of the park and land for public use; WHEREBY, City agrees that Sutter Home may need to further excavate, move dirt, cleanup the site, install pumping equipment and make minor adjustments to said pond, and City further agrees that Sutter Home shall, with approval Of the City engineer, be allowed to complete these activities without a grading permit. Sutter Home will maintain and keep the pond in a safe, clean and orderly manner; 1998 000254 MOU SUTTER HOME PAGE 2 WHEREBY, City agrees that in use Of the pond by Sutter Home, access and use Of the pond for purposes other than use for storage and irrigation and use as needed for storing City backwash water, needs to be restricted and used for those specific purposes, and City has no intentions Of interfering with the restricted use by Sutter Home during the time the city is not using the pond and park, and until such time that City informs Sutter Home, Of their desire to vacate this agreement, and where Sutter Home will have 3 years from the date Of written notice by the City before this agreement Officially expires; WHEREBY, Sutter Home, at it's sole discretion, may terminate this MOU with ninety (90) days written notice to City; WHEREBY, city understands that it may be possible for the City to develop the park and use the pond as an amenity while, at the same time, Sutter Home continues to use the pond for storage and irrigation; WHEREBY, Sutter Home agrees to use pond for water storage only and said water is to be used for the express purpose Of grape irrigation and work directly related to the production Of grapes; WHEREBY, Sutter Home agrees that City access to the pond is permitted by across Sutter Home property'via existing roads, and the Sutter Home property is essential to the City for use Of the adjacent land and pond, and Sutter home will not halt or interfere with that access for effective maintenance and use Of said adjacent land and pond for a park; WHEREBY, City is currently discharging packwash water from the city's potable water treatment plant onto Sutter Home property. City and Sutter Home shall work together to pipe said backwash water, via this piping system, to the pond . Should said backwash water prove to be unsuitable for vineyard irrigation, as determined by the mutual agreement Of the parties, City shall cease disposal Of backwash water through the Sutter Home reservoir and piping system and both parties shall in good faith work to resolve the backwash water issue. 1998 0-00254 MOU SUTTER HOME PAGE 3 WHEREBY, Sutter Home agrees and understands that the City does not warrant the suitability Of the water in the pond for irrigation or for any other purposes, and further agrees to release the City from any liability or damages caused by the use Of the water or the pond; WHEREBY, The City Of Plymouth will allow Sutter Home Winery to fence the pond area to prevent vandalism or danger to the public. Signs should also be posted regarding the danger, and Sutter Home will defend, indemnify and hold the City harmless from any claims for damages or personal injury (including death) arising out Of or connected with the condition Of the pond or, Sutter Homes use Of the pond; THEREFORE, City and Sutter Home understand and agree in principle and substance that the prime purpose Of the pond and adjacent property are for use by the City and no right to ownership and/or right to use the pond and property, beyond the agreed to items within this document, exist for Sutter Home. a/ 7A City Mayor Date gliglaz Sutter Home Winery Date sllez Witnessed By: City Clerk Mhin derlaid Date 9/4/97 1998 000254 Exhibit 6 GROUND WATER MONITORING AGREEMENT 1998 000254 BURKE RANCH GROUNDWATER MONITORING AGREEMENT Pursuant to the requirements oft the Development Agreement between the City ofPlymouth and Sutter Home Winery, the following ground water monitoring program is designed to determine if pumping vineyard irrigation water from Sutter Home's Burke ranch well will have an impact on the City of Plymouth' 's well, and any wells supplying domestic water to the residents of Burke Ranch. The City of Plymouth, the Burke Ranch residents who participate in this monitoring agreement, the Burke Ranch Homeowners Association and Sutter Home Winery shall work together, acting in good faith to ensure that accurate data is collected, evaluated and made available to interested parties. The monitoring agreement shall be organized and operate as follows: 1. Participants: The City ofl Plymouth, Sutter Home Winery and the owners of lots 8, 10, 45, & 63 at Burke Ranch (assuming that the homeowners wish to participate, that their wells can be accessed for groundwater depth testing and a water meter can be installed at the well discharge). See Exhibit A. 2. Groundwater Depth Testing: The groundwater at each well site shall be measured by an employee ofSutter Home Winery at least twice a month during the months of. June, July and August and once a month during the rest oft the year. Earl Crocker, representing the Burke Ranch Home Owners Association, shall accompany Sutter Home when these measurements are made and Crocker shall independently take measurements when he considers it appropriate. These measurements shall be given to Doug Ketron, Civil Engineer, Volcano, California (Monitor), who shall plot the groundwater level in the Burke Ranch area and analyze the data to determine if available groundwater is being significantly impacted by the pumping of Sutter Homes' Burke Ranch Well. While the monitoring program is in effect, the City ofPlymouth shall furnish all sounding and water production records for it's wells to the Monitor. The groundwater depth monitoring devices shall be chosen by the participants and, should the need arise, the frequency of monitoring and the type of monitoring equipment used shall be adjusted to focus on collecting enough data to address the concerns defined by the Monitor. Should Doug Ketron be unable to fulfill his responsibilities as Monitor, another Monitor shall be selected by mutual agreement of Sutter Home, the City of Plymouth and the Burke Ranch Homeowner's Association or, if mutual agreement cannot be reached, the Monitor shall be appointed by the Amador County Municipal Court. 3. Costs: Sutter Home Winery shall pay for the water meters, and the installation of said water meters, at the participating Burke Ranch Homeowner's Wells, and for the costs associated with collecting the groundwater level data, including the installation of direct reading water level gauges in the City's "A" and Hawksview wells, plus the costs generated by the Monitor in evaluating the groundwater data. 4. Off site Monitoring: Sutter Home Winery shall attempt to secure a site on the east side oft the Melones fault (between Big Indian Creek and Burke Ranch) to drill a 4" monitoring well in an effort to evaluate the subterranean water movement from Big Indian Creek south through Burke Ranch. Sutter Home Winery shall pay all costs associated with the establishment ofthis monitoring site. The Development Agreement between the City ofPlymouth and Sutter Home Winery states that ..no groundwater may be pumped which adversely impacts the availability of water for either the City's water system or the private wells located within Burke Ranch." It is the desire ofthe participants in the Burke Ranch groundwater monitoring agreement to quantify the impact of pumping Sutter Home's well on groundwater levels and to mitigate any adverse impact that said pumping may have on adjaçent wells. 1998 000254 GROUDWATER MONITORING AGREEMENT PAGE 2 The Monitor shall periodically summarize his interpretation ofthe data and notify the participants ofhis findings. Should the Monitor observe the development ofan "impact situation,' the monitoring agreement group shall meet and develop a strategy to mitigate said impact. This groundwater monitoring agreement shall remain in effect until January 1, 2002. At this time, the participants in this agreement shall confer and determine ifthis agreement should be modified to reflect the then current groundwater conditions. Rplr Fpanchr bai 1998 000254 BURKE RANCH GROUNDWATER MONITORING AGREEMENT Pursuant to the requirements oft the Development Agreement between the City of Plymouth and Sutter Home Winery, the following ground water monitoring program is designed to determine if pumping vineyard irrigation water from Sutter Home's Burke ranch well will have an impact on the City of Plymouth' 's well, and any wells supplying domestic water to the residents of Burke Ranch. The City of Plymouth, the Burke Ranch residents who participate in this monitoring agreement, the Burke Ranch Homeowners Association and Sutter Home Winery shall work together, acting in good faith to ensure that accurate data is collected, evaluated and made available to interested parties. The monitoring agreement shall be organized and operate as follows: 1. Participants: The City ofPlymouth, Sutter Home Winery and the owners ofl lots 8, 10, 45, & 63 at Burke Ranch (assuming that the homeowners wish to participate, that their wells can be accessed for groundwater depth testing and a water meter can be installed at the well discharge). See Exhibit A. 2. Groundwater Depth Testing: The groundwater at each well site shall be measured by an employee of Sutter Home Winery at least twice a month during the months of. June, July and August and once a month during the rest oft the year. Earl Crocker, representing the Burke Ranch Home Owners Association, shall accompany Sutter Home when these measurements are made and Crocker shall independently take measurements when he considers it appropriate. These measurements shall be given to Doug Ketron, Civil Engineer, Volcano, California (Monitor), who shall plot the groundwater level in the Burke Ranch area and analyze the data to determine ifavailable groundwater is being significantly impacted by the pumping of Sutter Homes' Burke Ranch Well. While the monitoring program is in effect, the City of Plymouth shall furnish all sounding and water production records for it's wells to the Monitor. The groundwater depth monitoring devices shall be chosen by the participants and, should the need arise, the frequency of monitoring and the type of monitoring equipment used shall be adjusted to focus on collecting enough data to address the concerns defined by the Monitor. Should Doug Ketron be unable to fulfill his responsibilities as Monitor, another Monitor shall be selected by mutual agreement ofs Sutter Home, the City of Plymouth and the Burke Ranch Homeowner's Association or, if mutual agreement cannot be reached, the Monitor shall be appointed by the Amador County Municipal Court. 3. Costs: Sutter Home Winery shall pay for the water: meters, and the installation of said water meters, at the participating Burke Ranch Homeowner's Wells, and for the costs associated with collecting the groundwater level data, including the installation of direct reading water level gauges in the City's "A" and Hawksview wells, plus the costs generated by the Monitor in evaluating the groundwater data. 4. Off site Monitoring: Sutter Home Winery shall attempt to secure a site on the east side ofthe Melones fault (between Big Indian Creek and Burke Ranch) to drill a 4" monitoring well in an effort to evaluate the subterranean water movement from Big Indian Creek south through Burke Ranch. Sutter Home Winery shall pay all costs associated with the establishment of this monitoring site. The Development Agreement between the City of Plymouth and Sutter Home Winery states that a .no groundwater may be pumped which adversely impacts the availability of water for either the City's water system or the private wells located within Burke Ranch." It is the desire ofthe participants in the Burke Ranch groundwater monitoring agreement to quantify the impact of pumping Sutter Home's well on groundwater levels and to mitigate any adverse impact that said pumping may have on adjacent wells. 1998 000254 GROUDWATER MONITORING AGREEMENT PAGE 2 The Monitor shall periodically summarize his interpretation ofthe data and notify the participants ofhis findings. Should the Monitor observe the development of an impact situation, 9 the monitoring agreement group shall meet and develop a strategy to mitigate said impact. This groundwater monitoring agreement shall remain in effect until January 1, 2002. At this time, the participants in this agreement shall confer and determine ifthis agreement should be modified to reflect the then current groundwater conditions. V Mayor, City of Plymouth DATE: 1al/97 XxD. - , DR 1 SUTTER HOME WINERY, INC. DATE: rlu/97 IA th, Mury BURKE RANCH HOMEOWNERS ASSOC. DATE: 12-11-97 1998 000254 Ord. no. 97-23 ORDINANCE OF THE COUNCIL OF THE CITY OF PLYMOUTH APPROVING A DEVELOPMENT AGREEMENT WITH SUTTER HOME WINERY, INC. AND AUTHORIZING THE MAYOR TO EXECUTE IT The Council of the City of Plymouth ordains as follows: SECTION 1. Findings. The City Council finds that: a. The Planning Commission of the City of Plymouth has recommended approval of a development agreement between the City and Sutter Home Winery, Inc. pursuant to the provisions of Plymouth Municipal Code section 19.08.154 and California Government Code section 65864 et seq. The proposed development agreement permits the development of a commercial vineyard and ancillary facilities as described in the development agreement on 230 acres of land presently zoned PD, planned development. b. The Planning Commission of the City of Plymouth has recommended ratification of a mitigated negative declaration for the development agreement, pursuant to the provisions of the California Environmental Quality Act, Government Code section 21000 et seq. The City Council has prior to the adoption of this ordinance ratified the negative declaration. C. The proposed development agreement includes approval of a development plan, use permit and grading permit. d. The proposed development agreement is consistent with the Plymouth General Plan. SECTION 2. Approval. The development agreement between the City of Plymouth and Sutter Home Winery, Inc. is hereby approved, and the Mayor of the City of Plymouth is hereby authorized to execute it upon the effective date of this ordinance, and the City Clerk is directed to record the development agreement within 10 days following its execution. SECTION 3. Effective Date and Publication. This ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15) days after its passage shall be published at least once in a newspaper of general circulation within the City of Plymouth or shall be posted in at least three (3) public places within the City of Plymouth. 1 1998 000254 PASSED AND ADOPTED by the Council of the City of Plymouth this 11th day of December 1997, by the following vote on roll call: AYES: Dave Herrman, Mike O'Meara, Valerie Klinefelter NOES: None ABSENT: Gene Beck, Elaine Lasich ABSTAIN: None # DAA VALERIE KLINEFELTER/ Mayor ATTEST: / / CAL: nn GLORIA STODDARD, City Clerk 303648.6 2 "END OF DOCUMENT Recording requested by [name] When recorded mail to [name] [address] [city, state, zip] Space above this line for recorder's use DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS is made on July 2025, by "Declarant"). WHEREAS, Declarant is the owner of that certain real property ("the Property"), described in Exhibit A, which is attached hereto and incorporated herein by this reference, and located within the municipal boundaries of the City of Plymouth; and, WHEREAS, Declarant intends to use the above described property for purposes authorized by the City of Plymouth Zoning Ordinance, as may be amended from time to time, and the City of Plymouth requested Declarant to restrict the Property in the manner stated below as a prerequisite to the City of Plymouth processing certain land use regulatory requests involving the Property. NOW, THEREFORE, Declarant declares that the Property described above is held and will be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to the covenants, restrictions, and limitations set forth in this Declaration, all of which are declared and agreed to be in furtherance of a plan for use of the Property, and are established and agreed on for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property and every part of it. All of the restrictions, covenants, and limitations will run with the land and will be binding on all parties having or acquiring any right, title, or interest in the Property described above or any part thereof, and will inure to the benefit of all of the Property and the future owners of that Property. Each grantee of a conveyance or purchaser under a contract or agreement of sale covering any right, title, or interest in any part of the Property, by accepting a deed or a contract of sale or agreement of purchase, accepts the document subject to, and agrees to be bound by, any and all of the restrictions, covenants, and limitations set forth in this Declaration. Water Supply Existing water wells located on the Property will be used only to provide water for agricultural or public safety purposes. Term These covenants are to run with the land and will be binding on all parties and all persons claiming under them unless revised by the mutual consent of the parties and the City of Plymouth or by a future land use entitlement granted by the City of Plymouth. In the event this Restriction is revised the City of Plymouth shall prepare and have recorded a written statement confirming that the Restriction has been revised by mutual consent. This obligation can be accomplished by among other ways recording a City of Plymouth adopted resolution or by recording the land use entitlement causing the revision.-. Enforcement Enforcement will be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Severability Invalidation of any one of these covenants by judgment or court order will not affect any of the other provisions, which will remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictions on the date first above written. DECLARANT [signature] [typed name and address] 7.1 CITY COUNCIL AGENDA ITEM NO. 7.1 COUNTS 06/12/2025 SUBJECT: Updated Presentation of Water and Wastewater rate study and requesting City Council input and direction. DEPARTMENT: City Manager's Office STAFF: Margaret S. Roberts, City Manager TITLE UPDATED PRESENTATION ON WATER AND WASTEWATER RATE STUDY AND REQUESTING CITY COUNCIL INPUT AND DIRECTION TO DO PROP 218 RATE SETTING. BACKGROUND California Proposition 218 requires agencies to notify property owners and ratepayers of proposed changes to utility rates, and to hold a public hearing prior to implementing any increases. The purpose of this process is to ensure transparency and allow for public participation. Water and wastewater systems are essential services funded entirely by user rates. Periodic rate reviews and adjustments are necessary to ensure that revenues are sufficient to support operations, maintenance, capital improvements, regulatory compliance, and long-term financial stability. The City's most recent rate study was completed in 2017, and rate adjustments were last adopted in 2011. Since that time, increases in operating costs, infrastructure needs, and regulatory requirements have impacted the City's utility funds. Discussion In partnership with NBS, staff conducted a comprehensive rate study evaluating the City's water and wastewater enterprise funds. The study reviewed current and projected operating expenses, capital improvement needs, reserve targets, and revenue requirements over a five-year planning period. Key factors driving the proposed rate adjustments include: Aging infrastructure requiring rehabilitation and replacement Inflationary increases in labor, energy, and chemical costs State and federal regulatory mandates CITY COUNCIL AGENDA ITEM NO. 7.1 COUNTS 06/12/2025 The need to maintain reserve levels and debt service coverage ratios The study proposes a series of moderate, phased rate increases over a five-year period to ensure financial sustainability and maintain the quality and reliability of service. Staff and the consultant will present the proposed rate structures, with multiple scenarios as requested at the May 8th Council meeting, including fixed and volumetric charges, and outline the financial and operational rationale supporting the recommendations. ENVIRONMENTAL DETERMINATION This is not a 'project" under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. FISCAL IMPACT Approval of the rate adjustments is necessary to ensure the financial health of the City's water and wastewater utilities. Without the adjustments, the City risks falling short of funding obligations for operations and capital projects. Mailing costs and consultant support for the Proposition 218 process are included in the current contract and will be paid from the Water and Wastewater Enterprise Funds. RECOMMENDATION Staff recommends that the City Council: 1. Receive a PowerPoint presentation on the proposed adjustments to water and wastewater rates. 2. Select the Rate increase scenario 3. Authorize staff to initiate the Proposition 218 notification process, including the mailing of notices to all affected property owners and ratepayers. 4. Set a date for the public hearing as June 26 to consider adoption of the proposed rate adjustments. ATTACHMENTIS) CITY COUNCIL AGENDA ITEM NO. 7.1 COUNTS 06/12/2025 1. 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Roberts, City Manager TITLE SELECTION OF LANDSCAPE CONTRACTOR FOR THE ZINFANDEL SERVICES DISTRICT. BACKGROUND A Request for Proposal (RFP) was issued on April 11, 2025, for landscape maintenance services for the Zinfandel Services District. Three landscape contractors attended the mandatory job walk, and all three submitted a proposal on May 8th. All three landscape contractors submitted the required information as requested in the RFP document. All three proposals were provided to the HOA for review and ultimate selection. After their review the top candidate was New Image Landscape Company from Fremont, CA. The basis for selection of a landscape contractor, shall be on completeness of their proposal and their qualifications. The following is a direct citation from the RFP document: submittals will be reviewed for completeness and qualifications by City representatives. The City representative will negotiate with the top-ranked proposer(s) to determine the final award. Award may be made in whole or part to one or more vendors. This RFP does not commit the City to enter into a contract. The City reserves the right, without qualification, to: 1. Select any proposal when such action is considered to be in the best interest of the City; 2. Reject any and all proposals; 3. Approve or disapprove the use of particular subcontractors; 4. Accept other than the lowest offer; CITY COUNCIL AGENDA ITEM NO. 7.2 COUNTS 06/12/2025 5. Exercise discretion and apply its judgment with respect to selection of any proposals submitted; 6. Negotiate with any, all or none of the Proposers; 7. Select proposals, based on initial proposals received, without discussion or after detailed discussions or contract negotiations; 8. Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. ENVIRONMENTAL DETERMINATION This project is exempt from the California Environmental Quality Act (CEQA) Guidelines as per Section 15301 = Class 1: Existing Facilities. The Class 1 exemption is appropriate in this case because this project proposes to maintain existing landscaping per the existing Zinfandel Services District Maintenance Guidelines. FISCAL IMPACT The monthly fee provided in the proposal by each landscape contractor are as follows: 1. Cypress Landscape - Antioch, CA = $5,000.00 per month 2. California Landscaping & Design Inc. - Elk Grove, CA = $6,000.00 per month 3. New Image Landscape Company - Fremont, CA = $7,255.00 per month RECOMMENDATION Based on the proposals received, input from the HOA-selected committee, public comment, and the City Council's deliberation, staff recommends that the City Council direct staff to enter into negotiations with New Image Landscape for the provision of services. If staff is unable to reach an agreement with New Image Landscape, it is further recommended that the Council authorize staff to initiate negotiations with California Landscaping & Design as the secondary option. ATTACHMENT(S) 1. RFP document 2. 3 proposals received City of Plymouth Issued: April 11, 2025 POR DS7 COUNTY Request for Proposal (RFP) FOR ZINFANDEL SERVICES DISTRICT LANDSCAPE MAINTENANCE SERVICES PLYMOUTH, CALIFORNIA City of Plymouth 9426 Main Street P.O. Box 429 Plymouth, CA 95669 (209) 245-6941 SUBMITTAL DEADLINE May 8, 2025 by 10:00 A.M. City of Plymouth Pi. COUNTY CALIFORNIA REQUEST FOR PROPOSALS ZINFANDEL SERVICES DISTRICT- - LANDSCAPE MAINTENANCE SERVICES The City of Plymouth (City), Public Works Department, invites your proposal to perform landscape maintenance services in the Zinfandel Services District. The selected vendor shall perform the tasks specified in the "Scope of Services" attached to this Request for Proposal (RFP). For all proposals over $15,000, the proposer is required to abide by all applicable provisions of the Labor Code, including payment of the minimum prevailing wage rate as determined by the State Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a proposal or be awarded a contract for public work unless registered with the DIR pursuant to the Labor Code. This project is subject to compliance monitoring and enforcement by the DIR. A Class C-27 landscaping contractor's license is required at the time your proposal is submitted. The contract agreement will be for a period of three (3) years, commencing on July 1, 2025 and ending on July 1, 2028. The City has the option to extend the terms of the agreement. There will be a mandatory job walk of the job to be held on Wednesday, April 23, 2025, beginning at 9:30 a.m. at the entrance to Zinfandel Ridge Subdivision (intersection of Hwy 49 and Zinfandel Parkway, Plymouth, CA 95669. Any Contractor submitting a proposal must attend the job walk in order to have their proposal considered. Proposal Submission Please submit three (3) hard copies and one (1) PDF version of the proposal no later than 10:00 a.m., Thursday, May 8, 2025. Proposals received after this date and time will be considered non-responsive. City of Plymouth - Request for Proposals Page 1 of 32 Zinfandel Services District - Landscape Maintenance Services Mailing Instructions Proposals should be addressed to: Margaret Roberts, City Manager City of Plymouth P.O. Box 429 Plymouth, CA 95669 Inquiries All questions related to this RFP shall be directed, via email, to the City Engineer: Matt Ospital at m.osplal@wgainc.net Proposal Schedule RFP Release: 4/11/25 Mandatory Job Walk: 4/23/25 at 9:30 am Questions Due: 4/30/25 by 5:00 Proposals Due Date and Time: pm 5/8/25 by 10:00 Anticipated Contract Award: am end of May City of Plymouth - Request for Proposals Page 2 of 32 Zinfandel Services District - Landscape Maintenance Services Table of Contents OBJECTIVE 4 METHOD OF COMPENSATION 4 SPECIAL ISSUES AND REQUIREMENTS. PROPOSAL CONTENT 5 PROPOSAL. 6 BID SUMMARY 7 INFORMATION REQUIRED OF BIDDER. 9 NON-COLLUSION DECLARATION. 11 AGREEMENT FOR PROFESSIONAL SERVICES 12 INSURANCE REQUIREMENTS 14 PROPOSAL SELECTION. 19 PROTEST PROCESS 19 PUBLIC RECORD. 21 WITHDRAWAL OF PROPOSALS. 21 EXHIBIT A - SCOPE OF SERVICES EXHIBIT B - ZINFANDEL SERVICES DISTRICT MAINTENANCE GUIDELINES EXHIBIT C - ZINFANDEL SERVICES DISTRICT MAINTENANCE MAP EXHIBIT D - PROPOSED LANDSCAPE IMPROVEMENTS City of Plymouth - Request for Proposals Page 3 of 32 Zinfandel Services District - Landscape Maintenance Services OBJECTIVE The City of Plymouth is seeking a qualified vendor to perform maintenance, inspection, repairs, and winterization of irrigation systems; weed control; disease and pest control; pruning of shrubs, trees, groundcover, and other vegetation; litter removal; fertilization; replacement of plant material; including mowing and edging; groundcover maintenance; traffic control setup; and dust control maintenance. See Exhibit A -"Scope of Services" for a detailed description of all work to be performed and "Bid Summary" for a complete listing of all landscape maintenance areas. It is the responsibility of the vendor to be familiar with each service location and bid accordingly. The City reserves the right to execute the contract to meet the available revenue of a specific District, such as will-call landscape clean ups, reduced maintenance levels, etc. In addition, the City also reserves the right to contract Maintenance Districts individually, multiple districts bundled together, or in one (1) single contract. METHOD OF COMPENSATION Increases in compensation for the extension period will be determined by the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI)-All Urban Consumers West report. At no time will the compensation amount fall below the previous year's contract amount. The base month and year for calculating potential CPI increases will begin on January 1, 2026, and each succeeding year thereafter during the extension period. At no time will the CPI increase exceed 3% annual. Any necessary services outside the scope of the work must be identified and approved in advance by the City of Plymouth. In addition, no change orders or contract amendments will be considered without prior authorization from the City. SPECIAL ISSUES AND REQUIREMENTS Labor Code - The Consultant shall comply with Sections 3700 et seq. of Labor Code of the State of California, requiring every employer to be insured against liability for worker's compensation. Prevailing Wage - If the proposal exceeds $15,000, the contractor shall abide by the following: The proposer is required to abide by all applicable provisions of the Labor Code, including payment of the minimum prevailing wage rate as determined by the State Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal or be awarded a contract for public work unless registered with the DIR pursuant to the Labor Code. This project is subject to compliance monitoring and enforcement by the DIR. Insurance - The Consultant shall also meet the insurance requirements included in this City of Plymouth - Request for Proposals Page 4 of 32 Zinfandel Services District - Landscape Maintenance Services RFP, including liability insurance in the amount of $1,000,000, naming the Agency as additional insured. Conflict of Interest - The Consultant must be aware of and comply with conflict of interest rules included in the California Political Reform Act, and Section 1090 et. Seq. of the Government Code. The Political Reform Act requires City/Agency officers and committee members to file statements of interest and abide by a Conflict of Interest Code. Section 1090 limits or prohibits a public official from contracting with a body of which an official is a member. Section 1090 applies even where the officer only reviews the contract for the approving body. City of Plymouth Business License - Consultant shall obtain and maintain a City of Plymouth Business license throughout the contracted period. PROPOSAL CONTENT The City requires the proposer to submit a concise proposal clearly addressing all of the requirements outlined in this RFP; it must contain information covering the following topics: a) Cover Letter - The RFP shall include a cover letter signed by the team representative authorized to sign contracts stating interest and ability to perform the work. b) Project Experience - The RFP shall list and describe previous experience and expertise with providing high quality landscape maintenance service to special districts and project management, including a description of a minimum of three such projects. c) Project Understanding - The RFP shall include a summary of the team's understanding of the work to be provided to the City of Plymouth as well as any recommendations regarding needed services. d) Special Requirements - The RFP shall include a statement of understanding and compliance with the special requirements listed herein. Provide verification of licensing. e) References - The RFP shall include information on three (3) references that may be contacted to discuss the reference's experience with the team. f) Fee Estimates - Each proposal shall include a complete fee estimate for providing services. Proposer must submit cost proposal in the Bid Summary. g) Number of Employees for Contract - The RFP shall include the number and titles of employees that will be dedicated to the landscape maintenance contract for the City of Plymouth. PLEASE NOTE: The City does not pay for services in advance. Therefore, do not propose contract terms that call for upfront payments or deposits. City of Plymouth - Request for Proposals Page 5 of 32 Zinfandel Services District - Landscape Maintenance Services PROPOSAL PROPOSAL TO: CITY OF PLYMOUTH The undersigned bidder hereby proposes to furnish all labor, materials, equipment, tools, and services necessary to perform all work required for complete improvements in accordance with the plans and specifications entitled "CITY OF PLYMOUTH = ZINFANDEL SERVICES DISTRICT = LANDSCAPE MAINTENANCE SERVICES" in accordance with the intent of plans, specifications, and all addenda issued by Owner. EXISTENCE OF CONTRACT: A contract between the bidder and the public agency shall not be deemed to exist until all of the following four steps have been taken: 1. The contract has been awarded by the legislative body; 2. The Contractor has executed a written agreement, in substantially the form set forth herein, within 10 days after notice that the contract has been awarded; 3. The Contractor has delivered to the public agency the written agreement together with the certificates of insurance in accordance with these special provisions. Bidder agrees to complete all work required under the Contract within the time stipulated in said specifications, provide all required labor compliance and Attachment C Section 3 information to the satisfaction of the City, and to accept as full compensation therefore the price(s) set forth in the bid summary. City of Plymouth - Request for Proposals Page 6 of 32 Zinfandel Services District - Landscape Maintenance Services CITY OF PLYMOUTH BID SUMMARY ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES *Use Whole Numbers Only Item Location Monthly Fee 1. Landscape Maintenance Services CONTRACTORS NAME: City of Plymouth - Request for Proposals Page 7 of 32 Zinfandel Services District - Landscape Maintenance Services CONFIRMATION OF ANY ADDENDUMS The following addendums were received and considered as part of this bid package: Addendum(s) By submission of a bid, bidder certifies possession of a duly issued and valid Contractor's license issued by the State of California, which license authorizes bidder to contract to perform the type of work required by the specifications and that bidder has not less than five years of comparable and acceptable public work experience. Bidder further certifies that the exhibits and specifications and project site have been reviewed, that the special state and federal requirements have been read and understood and that full compensation for all work required for a complete and operational project has been included in the contract bid prices set forth above. By submission of a bid, bidder certifies that pursuant to Labor Code Section 1725.5, he/she is registered with the Department of Industrial Relations. No Contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Should the Bidder fail to provide below, the number and classification of Bidder's State Contractor's License, and complete and accurate 'Information Required of Bidder,' the Owner may reject this bid therefore. Dated: By: (Contractor's Signature) Title: Business Name: Contractors Lic. No.: Expiration Date: DIR Registration No.: SEAL (if corporation) City of Plymouth - Request for Proposals Page 8 of 32 Zinfandel Services District - Landscape Maintenance Services INFORMATION REQUIRED OF BIDDER The bidder shall provide the following information. Failure to comply with this requirement will render the Proposal informal and may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's name and address: 2. Contractor's telephone number: Contractor's email address: 3. Contractor's license: Primary classification State License No. Exp. Date Employer Identification No. Supplemental classifications held, if any: 4. Number of years as a contractor in construction work of this type: 5. Names and titles of all officers of contractor's firm: 6. Name of person in your firm who inspected site of the proposed work and reviewed the project exhibits and specifications. Name: Date of Inspection: 7. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: *Contractor and their subcontractors shall have not less than five (5) years of successful experience in municipal public works construction of each phase of work required by this contract. Contractor represents that he has such experience and is qualified to perform all work except as set forth in paragraph 8, and that subcontractors listed hereon have been contacted and agreed to perform the designated work. Bidders are directed to Section II-3, Award and Execution of Contract. City of Plymouth - Request for Proposals Page 9 of 32 Zinfandel Services District - Landscape Maintenance Services 8. The bidder shall list below the name, business address, license number and DIR number of each subcontractor who will perform work under this contract in excess of one-half percent of the total bid price, or $5,000, whichever is greater; and shall also list the portion of the work which will be done by such subcontractor. This includes ready-mix haulers and companies that deliver ready-mixed concrete for public works projects in accordance with Labor Code Section 1722.1. After the opening of proposals, no changes or substitutions will be allowed without the written approval of the Owner. License DIR EIN Subcontractor Name & Work to Be Performed No. No. No. Address 1 2 3 4 5 6 7 8 Note: Attach additional sheets as required. City of Plymouth - Request for Proposals Page 10 of 32 Zinfandel Services District - Landscape Maintenance Services NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code Section 7106) The undersigned declares: am the of, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any preakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. - declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, that this declaration is executed on [Date], at [City], [State]. Contractor (Print Name) (Signature) City of Plymouth - Request for Proposals Page 11 of 32 Zinfandel Services District - Landscape Maintenance Services ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into on 2025, by and between the City of Plymouth, California (hereinafter referred to as CITY), and Contractor, (hereinafter referred to as CONTRACTOR), or under the authority of the Public Contract Code of the State of California. The parties hereto mutually agree as follows: For and in consideration of the mutual promises and other valuable consideration set forth herein, receipt of which is hereby acknowledged, City agrees to employ Contractor and Contractor agrees to furnish all materials and labor for the prescribed work; perform and complete in good and workmanlike manner all the work pertaining thereto shown on the exhibits and specifications therefore; to furnish at their sole cost and expense all materials, tools, equipment and facilities, and all labor and services necessary therefore (except such materials, if any, which under the specifications are to be furnished by the City), and to do everything required by this Agreement and said exhibits and specifications, including but not limited to the payment of prevailing wages as required by state law. Contractor is responsible for furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said specifications are expressly stipulated to be borne by the City. For well and faithfully completing the work and the whole thereof, in the manner shown and described in said exhibits and specifications, the City will pay, and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the base schedule of the Proposal in the amount of $ The Request for Proposal, Proposal, and Specifications are hereby incorporated into and made a part of this Agreement by reference as if fully set forth. The City requires that the Contractor submit verification from the California Insurance Commissioner of the surety's certificate of authority to issue such bonds. If the surety is not admitted or the certificate is unavailable, the agency must reject the bonds and the proposed contract unless and until the Contractor furnishes bonds provided by an admitted surety insurer or by otherwise sufficient sureties. Verification from the California Insurance Commission must be received, along with the bonds, before work begins, or no payment shall be made to Contractor. Contractor shall submit a detailed schedule of work at the pre-construction conference City of Plymouth - Request for Proposals Page 12 of 32 Zinfandel Services District - Landscape Maintenance Services for approval by the City Engineer. This contract shall not take effect and no payment shall be made to Contractor until that schedule is submitted and approved. If Contractor fails to complete the work in accordance with the schedule set forth in the specifications and/or accordance with Section 4 of Section II, Supplemental General Conditions, oft the project specifications, Contractor shall be liable for liquidated damages pursuant to Section 1I-4.03, for each day of delay. Liquidated damages accrued shall be deducted from compensation due the Contractor and retained by City. All certificates of insurance, policy endorsements, and all other certificates required by the specifications shall be on file with the City before work begins or no payment will be made to Contractor. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and a Department of Labor prevailing wage contract and the Contractor and any subcontractor under him shall pay not less than the highest specified prevailing rates of wages to all workmen employed and be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and the Department of Labor Davis Bacon Requirements. By this reference, Attachment B1 "Labor Compliance Information" is made part of and included in this contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF PLYMOUTH CONTRACTOR By. By. Date Date ATTEST: City of Plymouth - Request for Proposals Page 13 of 32 Zinfandel Services District - Landscape Maintenance Services INSURANCE REQUIREMENTS THIS CONTRACT/AGREEMENT SHALL NOT BE EXECUTED BY CITY and the CONTRACTOR is not entitled to any rights, unless certificates of insurances, or other sufficient proof that the following provisions have been complied with, and such certificate(s) are filed with the City. Without limiting Contractor's indemnification provided herein, Contractor shall, and shall require any of its subcontractors to, take out and maintain, throughout the period of this Agreement, and for two (2) years thereafter, insurance against claims fori injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Contractor shall furnish CITY with certificates and original endorsements affecting the required coverage, including a "Completed Operations" Endorsement, prior to execution of this Agreement by City. The endorsements shall be on forms as approved by the City or designee. Any deductible or self-insured retention over $100,000 shall be disclosed to and approved by CITY. The following policies of insurance are to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City, or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Contractor, its agents, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projectlocation (ISO or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions: (1) The City, its officers, employees, and agents are covered as additional insured for liability arising out of the operations performed by or on behalf of Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, agents, and employees. (2) The policy shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non-payment of the premium) to CITY by certified mail. City of Plymouth - Request for Proposals Page 14 of 32 Zinfandel Services District - Landscape Maintenance Services (3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability. (4) For claims related to this project, the Contractor's insurance is primary coverage to the City, and any insurance or self-insurance programs maintained by the City are excess to Contractor's insurance and will not be called upon to contribute with it. (5). Any failure to comply with reporting or other provisions of the parties, including breach of warranties, shall not affect coverage provided to City, its officers, employees, and agents. (6). Additional co-insured, if required, are set forth in the special provisions of these specifications. B. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office form CA 0001, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident for bodily injury and property damage. Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non- payment of premium) to CITY by certified mail. C. Workers' Compensation Insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease, which policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers, agents, and employees and provide for thirty (30) days prior written notice in the event of cancellation. If Contractor has no employees, Contractor may sign and file the following certification in lieu of insurance: "I am aware of the provisions of the California Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with provisions of that code before commencing with and during the performance of the work of this contract." D. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. City of Plymouth Request for Proposals Page 15 of 32 Zinfandel Services District - Landscape Maintenance Services If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. E. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review. F. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos dentfication/remedaton, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold dentrcaton/remedaton. the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. City of Plymouth Request for Proposals Page 16 of 32 Zinfandel Services District - Landscape Maintenance Services OTHER INSURANCE PROVISIONS: Additional Insured The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 35 or both CG 20 10, CG 20 26, CG 20 33, or C 20 38; and CG 20 37 forms if later revisions used). Primary Insurance For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as SO CG 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. City of Plymouth - Request for Proposals Page 17 of 32 Zinfandel Services District - Landscape Maintenance Services Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as : 3. SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. IfContractor does not keep all required policies in full force and effect, CITY may, in addition to other remedies under this Agreement, take out the necessary insurance, and Contractor agrees to pay the cost of said insurance. HOLD HARMLESSINDEMNIFICATION CLAUSE: A. Pursuant to Government Code Section 895.4, the parties to this Agreement shall indemnify, defend and hold harmless the other parties hereto and their officers, agents, and employees, from any and all claims, demands, losses, damages, and liabilities of any kind or nature, including attorney's fees, which arise by the virtue of its own acts or omissions (either directly or through or by its officers, agents or employees) in connection with its duties and obligations under this Agreement and any amendments hereto. B. Acceptance of insurance, if required by this Agreement, does not relieve Contractor from liability under this indemnification clause. This indemnification clause shall apply to all damages or claims for damages suffered by Contractor's operations regardless of if any insurance is applicable or not. City of Plymouth Request for Proposals Page 18 of 32 Zinfandel Services District - Landscape Maintenance Services PROPOSAL SELECTION RFP submittal will be reviewed for completeness and qualifications by City representatives. The City representative will negotiate with the top-ranked proposer(s) to determine the final award. Award may be made in whole or part to one or more vendors. This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right, without qualification, to: Select any proposal when such action is considered to be in the best interest of the City; Reject any and all proposals; Issue subsequent Requests for Proposals; Postpone opening for its own convenience; Approve or disapprove the use of particular subcontractors; Accept other than the lowest offer; Exercise discretion and apply its judgment with respect to selection of any proposals submitted; Waive informalities and irregularities in the Proposals; Negotiate with any, all or none of the Proposers; Select proposals, based on initial proposals received, without discussion or after detailed discussions or contract negotiations; Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer. PROTEST PROCESS BID PROTEST AND APPEAL: Potential bidders, proposers, contractors, and sub- contractors wishing to protest or appeal a procurement or contracting decision made by the Purchasing Division must follow the procedures provided by this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed. PROTEST SUBMISSION: 1. Any interested party (actual or prospective bidder or proposer) may file a written protest with the Public Works Director (PWD) no later than five (5) working days after the date of mailing a Notice of Intent to Award (NIA). 2. The written protest may be delivered in person or via certified mail to the PWD. City of Plymouth - Request for Proposals Page 19 of 32 Zinfandel Services District - Landscape Maintenance Services 3. The protest must be physically received by the PWD by 4:00 p.m. PST, by the fifth day during the protest period. 4. The protest filed with the PWD shall meet the following prerequisites: a. The name, address, and business telephone number of the protestor. b. Identify the project under protest by name, RFP/quotation/bid number, and RFP/quotation/bid date. C. Contain a concise statement of the grounds for protest; however, the RFP or bid procedures (including evaluation criteria) shall not constitute grounds for protest. Concerns related to those issues must be raised and addressed prior to the bid or proposal opening date to allow adjustments before evaluation of bids or proposals. d. Include all supporting documentation, if any. Documentation submitted after filing the protest will not be considered during review of the protest or during an appeal. PROTEST REVIEW AND APPEAL 1. Upon receipt of a protest, the PWD shall review all the submitted materials and shall create and retain a written record of the review. The PWD shall respond in writing at least generally to each material issue raised in the protest not later than ten (10) working days after receipt of the protest. 2. If the protested procurement involves federal funds, the PWD shall give notice to the interested party that he or she has the right to appeal to the appropriate federal agency which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested parties. 3. The PWD' decision may be appealed in writing to the City Manager (CM) or their or her designee(s), with a copy to the PWD, not later than ten (10) working days after the date the PWD' decision is mailed to the protesting party. A bid appeal review committee comprised of the CM or designee, and any other person(s) he or she selects shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the PWD. The appealing party may be represented by legal counsel, if desired. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation. The decision of the bid appeal review committee shall be final. 4. If the protested procurement involves federal funds, interested parties may have the right to appeal to the appropriate federal agency. When applicable, the PWD shall give notice to the interested party that he or she has the right to such an appeal and shall identify the federal agency by name and address. When applicable, an appeal hereunder shall be filed with the appropriate agency within City of Plymouth - Request for Proposals Page 20 of 32 Zinfandel Services District - Landscape Maintenance Services five (5) working days of the dispatch of rejection notices to the interested parties. PUBLIC RECORD Responses to this RFP become the exclusive property of the City of Plymouth. At such time as the Public' Works Department recommends a firm to the City Council, all proposals received in response to this RFP becomes a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential, 1 "Trade Secret," or Proprietary". The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as Confidential, "Trade Secret, or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal Confidential, Trade Secret," or "Proprietary" shall be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Plymouth may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked Confidential, "Trade Secret," or "Proprietary, the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction. WITHDRAWAL OF PROPOSALS A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer. All submittals shall be submitted in writing. Any exceptions to the requirements stated herein shall be clearly stated in the submittal and may be grounds for being declared non- responsive. All correspondence or communications in reference to this RFPS shall be directed to: Margaret Roberts, City Manager City of Plymouth P.O. Box 429 Plymouth, CA 95669 mobers@rhopymanog (209) 245-6941 All cost for preparation of the submittals shall be borne by the applicant, and submittals received shall become the property of the City, whether accepted or rejected. Incomplete City of Plymouth - Request for Proposals Page 21 of 32 Zinfandel Services District - Landscape Maintenance Services submittals may be rejected as non-responsive. The City reserves the right to reject any and all proposals submitted in response to the RFP. City of Plymouth - Request for Proposals Page 22 of 32 Zinfandel Services District - Landscape Maintenance Services EXHIBIT A = SCOPE OF SERVICES I. IRRIGATION - GENERAL Irrigation shall be accomplished by the use of automatic or manual sprinkler systems where available and operable. Failure of an existing system to provide full and adequate coverage shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the contractor's responsibility. A. MAINTENANCE The contractor shall maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making necessary adjustments to prevent excessive water run- off into streets or other areas not intended to be irrigated. Care shall be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures. The contractor shall, at no cost to the City, keep controller or valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components as it relates to maintenance of the landscape areas: 1. Sprinkler heads; 2. Sprinkler caps; 3. Sprinkler head risers; 4. Valve covers; 5. Valve boxes; 6. Valve box lids, including electrical pull boxes and lids; 7. Underground electric connectors inside valve boxes; 8. Quick coupler valves and caps; 9. Hose bibs. B. INSPECTION The contractor shall inspect all areas covered by an automatic irrigation system for any malfunction during each scheduled service. Approximately thirty (30) days prior to the termination of the contract, a comprenensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility shall be made by the contractor prior to the end of the contract period. City of Plymouth Request for Proposals Page 23 of 32 Zinfandel Services District - Landscape Maintenance Services If repairs made are not to the satisfaction of the Director of Public Works or their designee, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Director of Public Works or their designee. C. REPAIRS Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced in kind and in an approved manner by the contractor. Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. Repairs made as a result of theft, vandalism or an act of God shall be performed by the City. Winterization = Contractor shall winterize all exposed piping and back flow prevention devices to prevent freeze damage. All damage to back flow devices caused by freezing will be the contractor responsibility to repair or replace. Repairs not made, or not made to the satisfaction of the Director of Public Works or their designee, will be done by others and billed to the contractor. D. RRIGATION TO BE ACCOMPLISHED AS FOLLOWS Turf and Groundcover - Turf and groundcover areas to be watered, as required, to maintain horticulturally acceptable growth and color, as well as promote deep root growth. Daily shallow water applications should be avoided where possible in favor of deeper water applications. Water to turf and groundcover areas to generally be applied between 3:00 a.m. and 7:00a.m. where possible to lower the risk of fungus in cool season turf. Banks and Slopes - Sloped landscape areas to be irrigated Monday through Friday as required to maintain horticulturally acceptable growth and color. Best irrigation practice is to promote deep root growth with a minimum of run-off. Shrubs and Trees Shrubs and trees to be irrigated as needed to maintain norticulturally acceptable growth and color. Irrigation rates to be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged, and surface run-off to be kept at a minimum. Newly Planted Trees, Shrubs, Groundcover, and Turf - All newly planted areas to receive special attention until plants are established. Adequate water to be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. City of Plymouth - Request for Proposals Page 24 of 32 Zinfandel Services District - Landscape Maintenance Services II. WEED CONTROL = GENERAL For the purposes of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. All landscaping within the specified maintenance areas including lawns, shrubs, groundcover beds, planters, and tree wells shall be kept free of all weeds at all times. Complete removal of all weed growth is to be accomplished every thirty (30) days on a continuing basis, not just once each thirty (30) days. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor. A. Use of Chemical Pesticides for Weed Control The contractor shall abide by all rules and regulations of the California Department of Pesticide Regulation, Department of Health, Amador County Agricultural Commissioner, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and contractor's employees during chemical weed control operations. All posting regulations shall be followed in accordance with current D.P.R. regulations in regards to re-entry times. Great care shall be taken by the contractor to avoid herbicide drift onto non-target plants. III. DISEASE AND PEST CONTROL The contractor shall regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. Upon approval of the Director of Public Works or their designee, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. A. Use of Chemical Pesticides All rules of the California Department of Pesticide Regulation, Amador County Agricultural Commissioner, Department of Health, and Department of industrial Relations regarding safe application of pesticides under this contract shall be observed. Great care shall be taken to avoid pesticide drift onto non-target organisms. IV. PRUNING - GENERAL All shrubs, trees, groundcover, and other vegetation growing in the work areas shall be pruned as required to maintain plants in a healthy growing condition. Pruning is to be done in a manner which promotes the plant's natural growth characteristics. Hedging, shearing, City of Plymouth Request for Proposals Page 25 of 32 Zinfandel Services District - Landscape Maintenance Services or other sever pruning will not be allowed except with prior approval. Plant growth is to be kept to prevent its encroachment into walks, passageways, curbs, and streets. Clear view of traffic signs and intersections is to be maintained at all times. Plant growth shall not exceed height of block walls. All dead, dying, or damaged branches shall be removed immediately. All cuts shall be made cleanly with no stubs or projections remaining. A. TREES The contractor shall be responsible for all pruning that can be reached with a 12- foot pole- saw by a man standing on the ground. All trees are to be maintained in their natural shape. Newly planted trees are to be staked, pruned and shaped to promote their eventual development into strong, healthy representatives of their species. Until young trees are strong enough to stand alone, they shall be flex-tied between two approved 2-inch by 2- inch by 8-foot treated tree stakes. Split plastic hose or black tire casing held in place by 12- gauge wire shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion. The contractor shall bring to the Director of Public Works or their designee's attention within 24 hours of any tree which shows signs of root heaving, leaning, having hanger limbs, or in some manner constituting a safety hazard. Leaves shall not be allowed to accumulate upon turf, open space areas, paved areas, medians, other hard surface areas or along fence lines and other structures. Blow debris and leaves off sidewalks, parking spots. This shall be done as needed to maintain clean paths oftravel. Leaves in shrub beds may be left up to a six-inch mulch ground cover to increase soil quality and moisture retention with preapproval from the City. In areas where leaves may cause a fire hazard, may block drain inlets, or may be blown onto private property, streets, walkways and bike paths, leaves shall be picked up and either placed in beds where the mulch is needed or hauled off at the sole expense of the Contractor. V. BARK AND MULCH The Contractor will be responsible for notifying the City when areas are in need of new bark or mulch. The City reserves the right to have the bark installed in any manner that it sees fit and by whomever it sees fit. In the event that the City requests that new bark mulch be added by the Contractor, it will be considered "extra work" in its entirety. Rake and smooth any bark mulch monthly or as necessary to maintain a neat, well-groomed appearance. City of Plymouth - Request for Proposals Page 26 of 32 Zinfandel Services District - Landscape Maintenance Services VI. LITTER REMOVAL During maintenance cycles all trash, debris, and dead limbs shall be removed from landscaped areas to include curb and gutter. VII. FERTILIZER - GENERAL Contractor will use a complete fertilizer (nitrogen, phosphorus, and potassium) equal to or better than Turf Gold 22-5-5. The contractor will put on fertilizer at the following times and rates: First application in early spring, second application in early fall. The rate will be one pound of nitrogen per thousand square feet, per application. The contractor shall notify the Director of Public Works or their designee in advance of fertilization application. VIII. REPLACEMENT OF PLANT MATERIAL A. The contractor shall notify the Director of Public Works or their designee within four (4) days of the loss of plant material due to any cause. B. The contractor shall supply all labor and materials to replace any tree, shrub, turf, or groundcover damaged or lost through the contractor's faulty maintenance or negligence. C. The size and species of replacement plant material shall be determined by the Director of Public Works or their designee. D. Where there is a difference in value between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be deducted from the contract payment. The value will be determined using the latest I.S.A. guidelines. Any plant damaged or lost through theft, vehicular damage, act of God, or other mysterious sources not the responsibility of the contractor, shall be replaced by the City. IX. TURF MAINTENANCE A. MOWING All Lawn areas in this contract shall be mowed with power-propelled reel or rotary- type mowers. Mowers shall be maintained to provide a smooth, even cut without tearing. Blade adjustment to provide uniform cut with no ridges or depressions. City of Plymouth Request for Proposals Page 27 of 32 Zinfandel Services District - Landscape Maintenance Services All mowers are to be cleaned prior to each mowing to avoid possible weed invasion. All litter shall be removed prior to mowing. Mowing to be performed SO that no more than one-third of the grass blade is removed in returning the grass to acceptable height for the species being mowed. All turf areas are to be mowed once a week on a preset day. Any changes to this schedule are to be approved in advance by the Director of Public Works or their designee. During periods of heavy growth, more than one mowing per week may be required in high maintenance areas. Landscape clippings, pruning, or other landscape maintenance debris shall be the Contractor's responsibility to dispose of properly. Leaves shall be picked collected and disposed of by the Contractor. B. EDGING All turf to be edged adjacent to improved surfaces. If no improved surface exists, turf edges shall be maintained where the turf abuts a shrub bed or property line, or to maintain turf delineation. Edging to be performed at every turf mowing Clippings shall not be left in roadways, gutters, or walkways. X. GROUNDCOVER MAINTENANCE A. All areas planted in groundcovers shall be adequately irrigated and fertilized to maintain vigorous growth. B. Groundcover beds shall be periodically edged to keep them in their intended space and off of street curb. Groundcover shall not be allowed to encroach into lawns, shrub beds, or other areas deemed as undesirable by the Director of Public Works Operations or their designee C. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site. The spaces between plants shall be regularly cultivated. Groundcover shall not be allowed to encroach into lawns, shrub beds, street curb, or other areas deemed as undesirable by the Director of Public Works or their designee. D. Groundcover plantings shall be thinned and pruned for vigorous growth and overall appearance of the site. The saces between plants shall be regularly cultivated. City of Plymouth - Request for Proposals Page 28 of 32 Zinfandel Services District - Landscape Maintenance Services E. Litter clean up shall be completed by contractor during maintenance intervals. XI. TRAFFIC CONTROL SETUP The purpose of traffic control devices, as well as principles for their use, is to promote highway safety and efficiency by providing for the orderly movement of all road users on streets, highways, bikeways & sidewalks. A. Traffic control devices or their supports shall not bear any advertising message or any other message that is not related to traffic control. B. The contractor shall follow California Manual on Uniform Traffic Control Devices (CA- MUTCD) 2014 or latest Edition in order to perform required maintenance. Contractor shall ensure all Temporary Traffic Control (TTC) devices follow CA-MUTCD 2014 or latest edition. C. The contractor shall follow all City of Plymouth Municipal Code ordinances, Public Works Engineering Division rules and regulations regarding traffic control measures, such as: proper use of traffic cones, lane closures, modified lane closures, directional signage, directional signals, and speed control limits. SPECIAL NOTE Landscape maintenance services are to be provided weekly, unless noted otherwise. The contractor is required to provide the City with a weekly work schedule of maintenance areas to be serviced (one week in advance). In addition, the contractor is to maintain work record logs of areas completed, and make available to the City upon request. City of Plymouth - Request for Proposals Page 29 of 32 Zinfandel Services District - Landscape Maintenance Services EXHIBIT B ZINFANDEL SERVICES DISTRICT MAINTENANCE GUIDELINES City of Plymouth Request for Proposals Zinfandel Services District - Landscape Maintenance Services 0E - ZINFANDEL RIDGE PLYMOUTH, CALIFORNIA Zinfandel Services District Maintenance Guidelines 16 May 2016 Contents 1 Introduction: 3 2 Purpose 3 3 Maintenance Guidelines. 3 3.1 Qualitative VS. Quantitative Maintenance Levels 4 3.2 General Maintenance Guidelines 4 3.3 Paved Surfaces and Striping. 5 3.4 Concrete Surfaces. 5 3.5 Trees. 6 3.6 Horticulture Maintenance 6 3.7 Roadside Swales and Ditches. 6 3.8 Turf Maintenance 7 3.9 Irrigation System Maintenance, 7 3.10 Open Space 8 3.11 Trails. 8 3.11.1 General Trail Maintenance. 8 3.11.2 Natural Trails 8 3.11.3 Paved Trails. 8 3.12 Playground Maintenance. 9 3.13 Benches, Tables & Grills. 9 3.14 Structures & Stairways. 9 3.15 Restrooms 9 3.16 Fencing & Walls. 9 3.17 Signage. 10 3.18 Trash Receptacles 10 3.19 Ponds 10 3.20 Wetlands 10 4 Performance Monitoring 11 Zinfandel Services District 2 Maintenance Guidelines 1 Introduction The qualitative and quantitative maintenance levels specified in this document are the maintenance guidelines for the Zinfandel Services District (ZSD). It is the responsibility oft the ZSD to maintain all areas and facilities within the Zinfandel Ridge community that are not maintained by either the Homeowner Association or the City of Plymouth. 2 Purpose The qualitative and quantitative maintenance levels for the ZSD contained in this document were used to establish initial maintenance budgets for the creation of the ZSD and were, thus, the basis for the initial maintenance assessments of the ZSD. It should be noted, however, that at the time these guidelines were drafted, final subdivision improvement and park & landscape designs had only been partially prepared. Hence, in order for future maintenance costs to stay within the allocated budget, plants and materials selected for the design of the landscaping and facilities should be maintainable within the costs and time estimates assumed by these guidelines. It is also the purpose of these maintenance guidelines to clearly define the requirements and actions of the ZSD for maintaining streets, parks, open spaces, trails, and recreational sites and assets. By doing SO it will enable the ZSD to provide consistent levels of service and expectations throughout the community amenities. 3 Maintenance Guidelines In order to fairly and consistently evaluate the conditions of the amenity maintenance of the ZSD, the ZSD needs to define what the expected conditions of the amenities should be. This chapter is meant to clearly delineate quality guidelines for all amenities. The goal of this chapter is to improve consistency and minimize subjectivity when assessing amenity conditions. It should be noted that the maintenance guidelines in this chapter were developed to create a balanced approach between service levels and maintenance costs. The rural nature of the Zinfandel Ridge community along with the large size of the open spaces was also taken into account as the ratio of rate payers to amenities within the district is fairly low in (especially open space and trail amounts) comparison to other community service districts. Furthermore, these guidelines are meant to stress the importance of building reserves and to properly allocated funds for future maintenance and replacement needs in order to ensure long- term upkeep of the various amenities. Zinfandel Services District 3 Maintenance Guidelines 3.1 Qualitative VS. Quantitative Maintenance Levels Qualitative maintenance levels describe the activities and outcomes desired for each amenity. Qualitative maintenance guidelines follow below in this chapter. Quantitative maintenance levels identify the assumed frequency with which the tasks need to be performed in order to maintain the amenities at the qualitative maintenance levels. Guidelines for quantitative maintenance levels can be found in the table in Appendix A Please note that the guidelines do not define who will conduct certain maintenance tasks. Maintenance tasks of the ZSD can be performed by contractors, City of Plymouth staff, the Zinfandel Ridge Home Owners Association ("HOA") or volunteers. Especially in the area of trail and open space maintenance it is fairly common to incorporate individual volunteers and teams of volunteers in the maintenance efforts. This practice should result in cost savings for the home owners within the Zinfandel Ridge community. Also, dedicated volunteers are often capable of achieving a higher maintenance level than the allocated budget would allow for through the use of paid staff or outside contractors. This document acknowledges that volunteer maintenance efforts, or volunteer maintenance days" organized by the HOA, would be desirable-not only to keep or lower the existing ZSD assessments but for pride-ol-ownership effects as well. Please also note that section 11.4 of the Zinfandel Development Agreement reads as follows: "11.4 Possible Maintenance by HOA. In the event the HOA wishes to undertake maintenance of all or certain portions oft the Open Space and Park maintenance activities, the City, through the Zinfandel Services District, agrees to cooperate with the HOA and contract with the HOA for such services. However, City reserves the right to establish maintenance standards and contract requirements and terminate such contracts. This provision shall survive the termination of this Agreement. - 3.2 General Maintenance Guidelines The following are the general maintenance guidelines for all areas maintained by the ZSD. These guidelines apply uniformly to all amenity categories mentioned below this subchapter: Areas are maintained to minimize hazards and to provide adequate safety performance. Areas are generally neat and orderly in appearance and litter-free with some tolerance for the effects of wear and tear. Vegetation is managed to accommodate the activities. Pest control is provided as needed and as per integrated pest management thresholds. Outbreaks are controlled within 10 days. All facilities and assets are free of vandalism and graffiti. Graffiti should be removed/covered as soon as practicable to discourage new graffiti. Paint is in good condition and generally free of peeling or chipping. Areas and facilities are planted and renovated as necessary. Zinfandel Services District 4 Maintenance Guidelines ZSD is also responsible for certain maintenance requirements as outlined in the approved "Fire Management Plan--Zinfandel Residential Development Project. The Fire Management Plan is included as Appendix D. Prior to the performance of any major maintenance by the ZSD, it is strongly recommended for the ZSD to consult and coordinate with the HOA regarding the desirability of the major maintenance. This is especially advisable in consideration of the required expenditures for the contemplated maintenance as the ZSD was ultimately created to ensure the safety of all amenities in general and the satisfaction of the residents living at Zinfandel Ridge in particular. Hence, the ZSD should take the wishes oft the HOA into consideration before conducting expensive maintenance tasks. 3.3 Paved Surfaces and Striping The following are the general pavement & striping maintenance guidelines. Due to the relative permanent nature of pavement, maintenance for paved surfaces is less work intensive on an annual basis than other maintenance performed by the ZSD. While some minor maintenance is performed on a scheduled and as needed basis during the year, the main maintenance tasks occur at larger intervals as outlined in Appendix B. Pavement conditions are inspected on scheduled intervals, generally annually. Given the relatively low traffic volumes on most of the Zinfandel Ridge roadways, the inspections are assumed to be visual and do not include deflection or other engineering test methods. At least 95% of paved surfaces are free of weeds. Unless home owners desire a higher level of maintenance and such maintenance would fit within the ZSD maintenance budgets, pavement within the Zinfandel Ridge community should be maintained in accordance with City of Plymouth standards and in similar fashion as city-maintained roads outside the Zinfandel Ridge community. Due to potential cost savings, it is strongly recommended that pavement maintenance activities be conducted at the same time as other pavement maintenance is performed for or within the City of Plymouth. 3.4 Concrete Surfaces Concrete conditions are inspected on scheduled intervals, generally every three years. Generally, concrete within the Zinfandel Ridge community should be maintained in accordance with City of Plymouth standards and in similar fashion as city-maintained concrete outside the Zinfandel Ridge community. Concrete surfaces are free of offsets greater than 1/2 inch. Concrete is free of cracks and holes greater than 2 inches in diameter and depth. When present, 90% of concrete curbs are intact. At least 95% of concrete area is free of standing water two days after rain or two hours after irrigation. Zinfandel Services District 5 Maintenance Guidelines At least 95% of concrete surfaces are free of weeds. 3.5 Trees The following guidelines apply to street trees and trees in parks-but not to trees within the open space areas. Please refer to chapter 3.10 "Open Space" for tree maintenance within the open spaces. All trees are alive. At tree has no dead limbs which are 4.5" in diameter or larger. Hazardous limbs, plants and trees are removed or barricaded immediately upon discovery. Barricaded hazards are removed within 3 days. Trees do not intrude upon paths and cause pedestrian space to be less than 3 feet wide and 7 feet height. Vertical clearance of 15 feet over roads is maintained. Hardscape damage on public property caused by trees which create a public safety hazard will be scheduled for expeditious repair. Trees are pruned on a regular schedule. Trees are replanted as necessary. Please review the City of Plymouth Tree Ordinance for requirements before removing or pruning any tree. 3.6 Horticulture Maintenance 95% or more of shrubs, and ground covers show no signs of death or significant damage. Shrubs and ground covers do not intrude upon paths which cause its space to be less than 3 feet wide. 80% or more of shrubs, and ground covers are free of weeds. In parks, 4" of organic mulch is placed around shrub beds to minimize weed growth. Vegetation is pruned on a regular schedule in accordance with the type of plant. Noxious or invasive plants are removed or treated as needed. Fertilizer is applied to plant species as needed. Shrubs and ground covers are replanted as necessary. 3.7 Roadside Swales and Ditches If applicable, grassy swales are mowed to height for the specific grass variety. Driveway culverts are kept free of debris, rocks, grass, and excessive sediment. Bottom of swale is kept open to permit flow of water after heavy rains. Zinfandel Services District 6 Maintenance Guidelines For minor erosion problems, perennial grass is planted in the spring or fall, is covered with straw mulch, and watered frequently to establish a stand of healthy vegetation. Ifs severe erosion is observed, a qualified erosion control professional is consulted to stabilize the area. Ifa applicable, check dams are effectively maintained. The landscape area between the road and the sidewalk (especially when parking bays are close to an adjacent lot) will typically be watered through the irrigation system of the lot fronting the landscaping. In such cases, watering schedules will be subject to the irrigation controller for the lot fronting the landscaping. However, maintenance of these landscape areas will still be provided by the ZSD in order to achieve a unified and consistent maintenance standard. The owner of the adjacent lot will need to cooperate with the ZSD regarding its required irrigation schedule, and access to the owner's irrigation controller if necessary. 3.8 Turf Maintenance Turf is mowed to maximum recommended height for the specific turf variety. Sidewalks, borders, fences and other appropriate areas have clearly defined edges. Seed is installed to maintain uniform turf coverage of 80%. 80% of turf area is fairly green (unless drought conditions dictate otherwise). 80% of turf area is free of standing water two days after rain or two hours after irrigation. Weeds do not cover more than 20% oft the grass surface. Noticeable from a 10 feet distance, lawns are free of visible holes greater than 6 inches in diameter and/or depth. Thatch layer is inspected regularly and removed as needed. Turf is aerated as needed. Fertilizer is applied according to plant requirements. 3.9 Irrigation System Maintenance Irrigation systems are inspected once a month during irrigation season, and adjusted and/or repaired as necessary. Any observed leaks are to be repaired immediately to conserve water. Irrigation systems are modified as necessary to increase or reduce irrigation coverage or efficiency. Repairs to non-functioning systems are initiated within 48 hours of discovery during the dry season and within 10 days during the wet season. Zinfandel Services District 7 Maintenance Guidelines 3.10 Open Space Areas should be left in a natural state. Unless legal requirements dictate or as provided by trails management, areas are not mowed, trimmed, fertilized, or irrigated. Within 10 feet of the nearest path, open space is free of litter and debris. Weed control is limited to legal requirements for eradication of noxious plants. Fuel is reduced to prevent wildland fires. This includes removal of dead brush, downed trees and large branches as well as the trimming of low tree canopies to create physical separation from tall grasses. Besides maintenance described in this subchapter, maintenance is only performed for safety-related concerns or where addressed by legal requirements. Please review the City of Plymouth Tree Ordinance for requirements before removing or pruning any tree. 3.11 Trails 3.11.1 General Trail Maintenance The trails at Zinfandel Ridge are not suitable for horses and the use of the trails by horses is considered incompatible with the use by pedestrians. Unless found to be unsafe, a nuisance or incompatible with the use oft the trails by pedestrians for other reasons, the use of bikes on the trails is permitted. Trail conditions are inspected each time litter removal is performed. Trails are free of intruding hazardous or nuisance plants such as branches, thistles, and vines. Within 3 feet of trails, poison oak is sprayed or cut well back. 3.11.2 Natural Trails Trail surfaces are free from loose rocks, root outcrops, and hazardous materials. Surfaces are well drained and firm. Adequate passing spaces are provided, if possible. Footbridges are structurally sound and free from loose flooring or guardrails. 3.11.3 Paved Trails In addition to the maintenance guidelines below, the applicable maintenance guidelines for paved surfaces of chapter 3.3 apply for paved trails as well. Paved surfaces are uniformly smooth, free of loose gravel, raveling, pitting, holes, settling, and depressions which accumulate water. Pavement edges are unbroken; shoulders filled in to pavement grade, and should be free from hazardous objects or vegetation. Zinfandel Services District 8 Maintenance Guidelines 3.12 Playground Maintenance Play equipment is present and functional. Broken play equipment is removed from service. 80% of play equipment is free of deterioration, such as rust, rot, splinters and dents. 100% is free of sharp edges and protrusions. 100% of attachments (e.g., bolts and screws) are secure. Children's play area is free of litter, debris, and weeds. Sandbox is free of all foreign debris. Ifa applicable, sand is loose (not compacted). Fall zone material is maintained in a safe manner and is removed from adjacent hardscape areas and returned to play area. 3.13 Benches, Tables & Grills Benches, tables and grills are free of litter, dirt and rust. Grills are operational and free of litter. 80% of surface of all benches and tables is free of peeling or chipped paint. Benches and tables are structurally sound (i.e., not broken slats), properly anchored, and free of sharp edges and protrusions. 3.14 Structures & Stairways Structures and stairways are structurally sound. 90% of painting of exterior of buildings is of uniform color and not peeling. Gates, latches, and locks are operational. Stairways are free of weeds, litter and debris. 3.15 Restrooms Restrooms are clean and free of any debris or hazards (including feces). Restrooms are free of offensive odor. All amenities are functional and free of leaks. Paper products are stocked. Waste receptacles are clean and not overflowing. 3.16 Fencing & Walls Fences and walls are structurally sound. Structural soundness for walls (not fences) implies that walls are not leaning and that they are free of large cracks. Structural supports for fences and walls are also maintained in good repair. Zinfandel Services District 9 Maintenance Guidelines Fences and walls, including but not limited to barbed wire, wire mesh, chain link, wood, brick, and masonry construction, are kept in good repair, sound structural condition, and provide a neat appearance in keeping with the character of the neighborhood. Fences and walls which are stained or painted are maintained with the same and like materials. Perimeter and or buffer fences remain uniform in design and color. Fences and walls are kept free from graffiti, undergrowth, excessive weeds and other unsightly matter. Gates, latches, and locks are operational. 3.17 Signage Signs are properly installed in noticeable locations. Signs are legible and free of obstructing vegetation. Signs are free of graffiti and vandalism. 3.18 Trash Receptacles Trash liners are replaced when receptacle is more than 75% full or has a strong odor. Area around the trash receptacle is clear of litter. Receptacle is cleaned to remove odor offensive odor if noticeable from a distance of 3 feet. 3.19 Ponds Zinfandel Ridge has several ponds. Some of which are man-made stormwater retention facilities and others which are also man-made but have traditionally been used as stock ponds. Shoreline vegetation may be planted around the perimeters and will typically not be mowed. The vegetation may include grasses, cat tails, water irises and other plants and trees. Such vegetation acts as a filter preventing nutrients and surface pollutants from flowing into the waterways. Pond maintenance includes: Ponds are kept free of trash and debris. Ponds are treated for algae, as needed. 3.20 Wetlands Wetlands are a meaningful resource in terms of the balance of nature and land. These areas are controlled by federal and state regulations and depending upon the type of wetland, activity within it may be strictly limited. In general, no trails or other amenities may be installed within a designated wetland, and no clearing or grubbing of any kind may be conducted. At a minimum the areas are kept free of debris and trash. A wetland map can be found in Appendix E. Zinfandel Services District 10 Maintenance Guidelines 4 Performance Monitoring Performance monitoring is an important part of all amenity maintenance. Performance monitoring helps to guide an organization in evaluating performance, and in focusing on continuous improvement in efficiency and effectiveness. Performance monitoring typically involves two distinct areas: (a) objective evaluation forms that are used to report on quantitative frequency of performance and amenity deficits and (b) subjected feedback from persons taking advantage of the various maintained amenities. As a head start for the performance monitoring for the ZSD, a sample evaluation form that matches the qualitative performance measures of this document has been included in Appendix C. If desired, subjected feedback can be obtained via questionnaires or interviews. Zinfandel Services District 11 Maintenance Guidelines Appendix A Quantitative Guidelines Zinfandel Ridge Community Services District Maintenance Guidelines I I 8 8 - I I I E E E I : I E I - I I a à € I € - I - E 8 I I I I I I I papaaNs V * * * X * * * * x x E Jeakuad - - - - - - - 2 - - - - 3 N - y1uow par - 3 - - yaam pad : & 2 8 8 2 E E E 2 € 2 E E I : E I E & d I E E - a = e 1 - a - o - f I- 9 6 S a I I S E - : a 8 5 & 9 o e E I I E I I - e e I & € I à E - a 3 a - I - e la I - E E 3 I a 5 E : 8 E e 3 I I I I - I - 0 I S a E - I E o Df de 3 : t I I E I a 8 I o a E 3 € I I E < E € - I I I I - E I E 8 I I E E I I ( E I I € I E - I - : E I 8 a 1 - : E E I 8 B I I I € L I I I E - - a 9 - I É I I ! I a I I I 8 E 5 I I a E I 1 I a I papaaws sv * * * X * x * * * * x * * x X E JeaAJad - - 3 N - - - - - - 2 - wuow pad 3 - N - - *BaM pad - - 3 8 à 8 8 E 3 5 E 2 3 2 E I E le C I I a de E & 1 dW - C 5 3 DM V a E I o - E I I - I lD I I E - 6 I - : E I E a € I E E 5 E a d E 5 5 I - C a 9 a E o I I a a E € I 9 E - : I 5 o e I : E I I E E : I I 6 I - I I E € I à I 3 I 5 I : d I 3 I € E - B la a I E I I I E : E E 8 I - E E 8 I I I I a - Df E E I I E € 3 5 € I I I I I E a € I I I E I I I E 8 6 - I I - E I I I I E E € I E E E 5 papaaws sv * * x JeaAJad - - - E wuow pad *BaM pad 8 3 8 8 a 3 5 E 2 3 2 E - 3 5 - a a C 0 E e a 0 a a 3 - e E E - lt E E I I 9 Appendix B Assumed Pavement Life Cycle Zinfandel Ridge Community Services District Maintenance Guidelines Zinfandel Ridge Community Services District 6/5/2015 Assumed Pavement Life Cycle Notes: Restriping - Assumed initial striping and restriping after major treatments will be thermoplastic and will last at least 7 years. Restriping as a separate treatment only needed at "in-between" intervals noted Preventative Peformed Restriping Maintenance Task in Year Initial Construction Oil Treatment 3 Oil Treatment 6 Crack Seal 9 First Slurry Seal 12 Included Crack Seal 15 Second Slurry Seal 18 Included Thin Overlay 25 Included Oil Treatment 28 Crack Seal 31 Slurry Seal 34 Included Thick Overlay/Fabric 41 Included Oil Treatment 44 Slurry Seal 47 Included Crack Seal 50 Reconstruction 53 Included Appendix C Maintenance Evaluation Form Zinfandel Ridge Community Services District Maintenance Guidelines 5 Appendix D Fire Management Plan Zinfandel Ridge Community Services District Maintenance Guidelines City of Plymouth CALIFORNIA ARY COUNT January 10, 2014 Stefan Horstschraer Zinfandel Development LLC 5625 Red Valley Road Ione, CA 95640 Attention: Fire Management Plan Approval Dear Mr. Horstschraer, This letter confirms that the Fire Management Plan (FMP) submitted to the City ofPlymouth on November 4, 2013, by Zinfandel Development LLC addresses the items listed in Section 4.3.4, Emergency Access, of the Linfandel Development Plan. A copy of the FMP and this letter will be placed in the project's file. Ifyou have any questions concerning the contents ofthis letter, do not hesitate to contact me. Thank you, Martti Eckert Planning Director Copy: City Manager, City Attorney, Richard Prima; project file 9426 MAIN STREET . P.O. BOX 429 . PLYMOUTH, CA 95669 PHONE (209) 245-6941 . FAX (209) 245-6953 EMAIL: NEOECIELPMOLTACAUS FIRE MANAGEMENT PLAN ZINFANLDEL RESIDENTIAL DEVELOPMENT PROJECT Plymouth, CA Prepared for ZINFANDEL DEVELOPMENT LLC 5625 Red Valley Road Ione, CA 95640 Prepared by Ronald P. Monk Registered Professional Forester #1718 October 2013 FIRE MANAGEMENT PLAN Zinfandel Residential Development Project Prepared by Ronald Monk, Registered Professional Forrester #1718 October 30, 2013 I. Introduction & Purpose: This Fire Management Plan (FMP) has been prepared to respond to the various wildfire-related requirements of the approval documents for the Zinfandel community within the City ofPlymouth, and to support the approved limitation oft the extension ofthe main subdivision access road, Zinfandel Parkway, to the eastern area of home construction in the Zinfandel Residential Development Project. The home construction plan is to phase-in construction of homes in stages over a multi-year period. During the first 3 phases of home development, vehicle access will be limited to State Highway 49 and therefore limited to "one-way out." During the 4th phase of home construction, a "pioneer road" capable of carrying emergency traffic to Old Sacramento Road will be constructed along the route planned for Zinfandel Parkway. The final extension ofZinfandel Parkway will not be completed until the last stage of construction in phase 6 (phases are as outlined in chapter 4.3.4 ofthe Zinfandel Development Plan). This FMP provides mitigations to minimize ingress/egress risks during a wildfire event until additional access to Old Sacramento Road is provided as part of phase 4. Once this additional access to Old Sacramento Road has been completed, the recommendations within this FMP will no longer apply. II. Project Description: The project involves the first 3 phases of development of the Zinfandel Residential Development Project which includes about % mile of Zinfandel Parkway, a two-lane asphalt road, serving approximately 80 to 100 homes on an average lot size of approximately 1/3 acre. III. Property Description: The property impacted by the project is approximately 52 acres within Assessor Parcel No. 008-060- 034, which is a portion of Section10 T7N R10E. The property lies in open oak woodland with vegetation consisting mostly ofblue oaks and interior live oaks with an understory of annual grasses. The slopes are gentle in the project area with slopes ranging from flat to approximately 15%. The elevation of the general area is approximately 1100 feet. The extensive areas of annual grasses on and adjacent to this property combined with the hot dry summer climate in the region, makes the currently undeveloped project area highly susceptible to fast moving grass wildfire during the summer and fall seasons. IV. Discussion: The following discussion is based on elements listed in the Fire and Life Safety Chapter 15.30 of the Amador Code, Section 15.30.080. Though this code is technically not applicable to the project, it does include time-proven guidelines for fire prevention. 1. Impact on the pertinent fire protection agency's ability to provide service: The fire protection for the area of this property is provided by the City of Plymouth currently through a contract with the Amador Fire Protection District (AFPD). The subject property is typical ofthe general area currently under protection of AFPD with the added benefit that much of the property has been cleared of under story brush and some ofthe oaks have been pruned to Page 1 reduce ladder fuels. The Highway 49 entrance to the project area lies within one mile of fire station #122 in Plymouth. The existing fuel modification work and recommendations proposed in this FMP will further mitigate any significant impact on the fire protection agency's ability to provide service. Recommendations: None 2. Availability of fire protection water to the site: There is currently no fire protection water available on the project area. Recommendations: a. A minimum of 2500 gallons of mobile water storage is recommended to be on site during road construction and maintained on site until the phase 1 water supply infrastructure is completed. b. Water storage facilities should be equipped with appropriate fire protection hose connections that are compatible with the Amador County Code, Section 15.30.150. 3. Ingress/egress: As the first lot served by the initial stage of Zinfandel Parkway is located approximately 2000 feet from the point ofi ingress and the average lot size in the project area is 1/3 acre the following recommendations should be implemented: Recommendations: a. The developer will be able to provide emergency access to the property via the existing dirt road connection to Highway 49 commonly known as "Dohman' 's Lane". The respective approximate alignment is shown in the following graphic: Randys RandolphDI Page 2 This emergency access route should be improved for emergency ingress/egress purposes and maintained as such until the permanent "second way out" to Old Sacramento Road is secured as part of phase 4. The emergency access route shall have the following characteristics: Capable of supporting 40,000 Ibs, free of ruts and obstacles that would impede a 2wd sedan type vehicle with a minimum travel width of 10 feet. Connect with the road infrastructure proposed for home construction, and Provide turnouts (10 feet wide by 30 feet long or larger) with a maximum spacing of 400 feet, Provide road side clearance of vegetative material by reducing grass and brush for a minimum of 10 feet along the road's edge. Refer to the Vegetation Modification Plan (Section IV.4.b) in this FMP for guidelines on clearing along roads, and Provide that any gates shall be at least two feet wider than road width, with a minimum width of 12 feet. b. Road side clearance of brush and grass should also be developed for a distance of at least 10 feet along both sides ofZinfandel Parkway. Refer to the Vegetation Modification Plan (Section IV.4.b) in this FMP for guidelines. 4. Vegetation Modification Plan: Natural vegetation, consisting primarily of grass, brush and scattered oak trees represent the main fire hazards within the project area. The property owner has done a good job in clearing brush off of potential building sites and adjacent to the existing temporary access road. Additionally, some pruning of oak trees has been done reducing the risk caused by ladder fuels. Recommendations: The following Vegetation Modification Plan should be implemented. a. Defensible Space Around Structures: Create defensible space around all future structures. This is the area around structures that will give firefighters a reasonable chance of protecting it from wildfire or to prevent a structure fire from moving into the wildland area. Create and maintain this area by removing brush, flammable vegetation or combustible growth that is located within at least 100 feet on each side of all future structures or to the property line if closer. Defensible space does not need to be bare. Trees or other vegetation that are well-pruned, widely spaced and maintained sO as to effectively manage fuels can be retained to protect soils from erosion and for aesthetics as long as they do not form a means of rapidly transmitting fire from the native growth to a structure. When implementing the vegetation clearances recommended in this plan for defensible space, consider the following points: Remove and dispose of all dead trees, plants and slash. Remove deadwood from trees adjacent to or overhanging a structure. Cut or remove all weeds and native grasses annually prior to fire season. Weeds and native grass generally should not exceed 4 to 6 inches in height within the defensible space around buildings and structures. However, in the area located more than 30 feet from buildings and structures, flammable vegetation may be maintained up to 18 inches in height Page 3 Prune all lower limbs from trees to keep the leaf or needle line at least 10 feet above the ground or 1/3 ofthe live crown height, whichever is less. Remove that portion of any tree that extends within 10 feet of the outlet of a chimney or flue. Remove all non-tree vegetation within 10 feet of propane storage tanks. Brush, shrubs and small trees left in the defensible space should be separated horizontally from other similar vegetation. Small grouping of plants is permissible if spacing is maintained between the group and other vegetation. Because vegetation grows, continuing maintenance and thinning will be required to meet this guideline. b. Defensible Space Along Roads: Roadside clearing will allow safer access for firefighters and emergency vehicles and safer evacuation of residents. These standards apply to Zinfandel Parkway as well as the emergency access route. Remove all brush, shrubs and most small trees within 10 feet of the road edge. Due to the restricted access to this project, it is recommended that all natural vegetation, except landscaping and trees, be removed and grasses maintained at or below 4 inches within the 10 foot roadside clearance zone. Prune all lower limbs from residual trees within 10 feet ofthe road to 10 feet above the ground or 1/3 ofthe live crown height, whichever is less. Maintain at least 15 feet vertical clearance over roads. 5. Fire protection measures which are consistent with recognized fire protection standards: Wildfires will spread to homes in three ways: V By flames directly touching the home. V By heat radiating in front oft the fire. V By burning embers driven by the wind. Vegetation clearances recommended in this Fire Plan should mitigate the first risk and substantially reduce the second risk under most fire weather conditions, however, the threat of radiating heat in front of a fire and burning embers will be a continuing risk regardless of clearances. These threats can be further reduced by locating structures away from ravines, eliminating places where embers can lodge and by maximizing the use of non-combustible building materials. Recommendations: a. To the extent feasible, future home construction should include closed-in roof eaves and screened attic vents and incorporate non-combustible building materials. Page 4 b. Elevated decks should be enclosed below deck area. V. Summary: The recommendations included in this Fire Management Plan will reduce the current level of risks to both property and personnel in the event of a wildfire by providing clearing, improving road access, providing water storage and assuring continued maintenance of roadside and defensible space clearing. Specific mitigations recommended are: 1. Develop "second way out" by creating emergency access route to Hwy. 49. 2. Increase defensible space requirements around structures and along roadsides by maintaining grasses at 4 inches or 18 inches respectively. 3. Provide temporary emergency mobile water supply. 4. Utilize provided Vegetation Modification Plan as guideline for minimizing wildfire risks. Prepared By: Raskle P mak Ronald P. Monk, RPF #1718 Page 5 EXHIBIT C ZINFANDEL SERVICES DISTRICT MAINTENANCE MAP City of Plymouth Request for Proposals Zinfandel Services District - Landscape Maintenance Services EXHIBIT "A" CFD MAINTENANCE MAP ZSDOPERATIONS8 & MAINTENANCE ITEMS: STI REET/ ROADWAY LANDS SCAPING NON-PRIVATE DRAINAGE FACILITIES INCLUDING SWALES AND DITCHES PAVED PATHS BOUNDA RY FENCING NEIC RH HG IOOD PARKS, OPEN SPACE PARCELS, & TRAILS LIMITS OF EASEMENT FOR LOT R,AND ZINFANDEL PARKWAY THROUGH GREILICH PROPERTY A CITY OF PLYMOUTH ZINFANDEL SERVICES DISTRICT LANDSCAPE MAINTENANCE SERVICES ADDENDUM NO. 1 The following changes or clarifications to the RFP constitute this addendum: 1. Only the awarded vendor is required to obtain and maintain a City of Plymouth business license throughout the contracted period. 2. Weed Control: roundup spray is allowed. 3. Vendors are directed to the revised bid summary. The revised bid summary shall be submitted with your proposal. 4. Vendors are directed to the attached landscape plans. 5. Limits of weed control along south side of Zinfandel Parkway from Hwy 49 to Port Drive, shall be 5' past the existing trees line. Also 5' past the end of the cul-de- sac on Zinfandel Parkway and Sommelier Drive. 6. Playground bark shall be refurbished each year. This cost shall be included in Vendor's monthly maintenance fee. 7. Any existing trees that require replacement of tree stakes and supports shall be considered extra work. 8. Prevailing Wage will be required by the awarded vendor. Vendors shall acknowledge receipt of this Addendum No. 1 in their proposal. Matt Ospital, City Engineer 5/1/2025 1 1 A d N E W IMAGE LANDSCAPE COMPANY Bid Prepared for: - - VR, PVARY9 - NTS City of Plymouth CONTRACT for Zinfandel Services District Landscape Maintenance Services Proposals Due: May 8th, 2025 at 10:00 AM Submitted by: New Image Landscape Company 3250 Darby Common, Fremont, CA 94539 License # 719106 DIR # 1000004914 New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services 4 A NE E W IMAGE LANDSCAPE COMPANY New Image Landscape Company 3250 Darby Common, Fremont, CA 94539 I 510)226-9191 - License # 719106 May 7th, 2025 Margaret Roberts, City Manager PO Box 429 Plymouth, CA 95669 RE: Zinfandel Services District Landscape Maintenance Services On behalf of New Image Landscape Company, please accept the attached documents as our proposal for the City of Plymouth Zinfandel Services District Landscape Maintenance Services project. We have reviewed the scope of work and as providers of high-quality landscape maintenance services, we are sure to be able to execute all. We are particularly proud of the commitment and dedication of our professional staff and our ability to partner with municipalities to better, not only their landscape, but the community and environment as well. New Image Landscape Company was first incorporated by California Corporation in 1996 and the President/CEO is Brian Takehara. As of this date, we currently have about 250 employees, across our 9 Northern California branches, ranging from Sacramento all the way to Salinas/Monterey County. Person of Contact: Jeffrey Suzuki Address: 3250 Darby Common, Fremont, CA 94539 Phone Number: (510) 980-1177 Fax: (510) 226-1298 Email: suzukl@newimagelandscape.com Thank you for the opportunity to provide you with a comprehensive landscape maintenance service proposal. We look forward to the opportunity to work with you on this project. Please do not hesitate to call with any questions. Sincerely, New Image Landscape Company Jelney Saguki Jeffrey Suzuki General Manager New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services 4 4 N E W IMAGE LANDSCAPE COMPANY Scope of Services City of Plymouth = Zinfandel Services District Landscape Maintenance Services (1) Scope of Services: Description The City of Plymouth has taken great pride in thel landscapes that make up the Zinfandel Services District. New Image Landscape Company will take equally great pride in the opportunity to service these locations and the city organization as part of this service agreement. We feel that our team has the knowledge oft the requirements it takes to get the job done with the highest standard of quality, but likewise would be very open to feedback ift there was any on how we can provide the best level of service to the City of Plymouth. (2) The NILC Landscape Management Program includes various service components with the intent on delivering an inclusive, comprehensive maintenance plan that meets and exceeds the scope of work requirements provided in this RFP, and also to provide the communication and management personnel to have a successful relationship with the City and its staff. The Landscape Management Program services include, but are not. limited to: TurfMowing/Edging and Irrigation Repair Services Plant/Shrub Trimming and Power Blowing and Irrigation System Care Weed Control (Pesticide Diagnostic Checks Storm Water Treatment Application/Integrated Pest Irrigation/Water Measures Management - IPM) Management Basic Tree Care We have provided a summary of each service category below, but we believe the strongest element of our Landscape Management Program is our people. We make it a high priority to meet with each individual and best understand their goals and expectations of the contract. We will set up an initial meeting with the City of Plymouth team, making a dedicated effort to review our implementation schedule and any expectations the City may have in this contract. Ideally, we would like to continue with monthly production meetings to follow up on progress and ensure that quality control levels are continuously met. We feel very grateful to have this opportunity and are very equipped to handle all City of Plymouth projects. New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services V N E W IMAGE LANDSCAPE COMPANY Implementation Schedule (First 30 Days) Initial Meeting with NILC Landscape Account Manager and City of Plymouth Team. Initial Meeting will cover: Review oflmplementation Schedule Reviewing any modifications to current Service Schedule as well as additions of new areas to schedule o Schedule Irrigation System Checks with City Personnel Outline Extra Work/Enhancement Goals for Year First 2 Weeks: Intensive Review and Inspection of NILC Service Team and Service Schedule Field Supervisors and Landscape Managers will work closely with the City POC and NILC Service Team to ensure optimal scheduling/routing and to review current conditions ofthe working areas. Irrigation System Checks NILC Irrigation Team will conduct initial checks of all irrigation systems per schedule developed by NILC Account Manager and City of Plymouth Team Please see Irrigation section for complete detail on rrigation Scope ofWork 30 Day Follow Up Meeting o NILC Landscape Account Manager to review first 30 days progress with City of Plymouth team requesting feedback on services performed. Schedule recurring monthly meetings for continuous feedback and goal setting. New Image Landscape Company: Operational Policies. NILC shall furnish all supervision, labor, tools, equipment, and material to properly maintain the landscaped areas in an attractive condition throughout the term ofthe contract as described in the specifications herein. AII landscape workers shall be under the on-site supervision of an experienced maintenance Foreman/Crew Leader and Field Supervisor. Iti is against the policy of New Image Landscape Company for the company or employees of the company to enter into agreements with individual homeowners to maintain their properties. Upon request, the supervisor will notify the City Landscape Manager/POC when work or specific tasks are performed. All work will be performed in accordance with standard horticultural practices using procedures accepted by the industry. All work shall be scheduled to assure that horticultural tasks are undertaken at the proper time. Schedules may vary throughout the year as weather conditions dictate. Optional services are available and considered extra work with related charges. New Image Landscape Company recognizes the following holidays: New Year's Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. Ifthe service day for your account falls on one of these holidays, service will be postponed until the following scheduled service day. Landscape maintenance will be done based on the appearance ofthe landscape and not on a per hour basis. 24-Hour Emergency Hotline Service available at 1 (888) 399 8594. New Image Landscape Company City of Plymouth Zinfadel Services District Landscape Maintenance Services A 1 NE E W IMAGE LANDSCAPE COMPANY Inspections New Image Landscape Company will, in the presence of the City Landscape Manager/POG, conduct a pre-startup inspection to list any observed problems or inadequacies on the site such as tree, shrub, ground cover conditions, irrigation deficiencies, and the, general overall appearance. The list will help to determine what will be the routine responsibility of New Image and show where improvement, repair, and/or upgrades may be required. Should a clean-up of the property be needed prior to the contract start-up, additional manpower separate from the regular maintenance field personnel will be brought in to bring the property up to the level at which it will be maintained at an additional cost. The maintenance supervisor and City Landscape Manager/POC may walk thej project site together once each month to review maintenance practices and plant condition. Irrigation During the first month of service, New Image will conduct an irrigation evaluation to determine the current condition ofthe system. This inspection will include controllers, remote control valves and valvel boxes, sprinkler heads and risers, piping, and wiring (if necessary). This evaluation will identify any adjustments, alterations, and/or repairs that may be necessary. The irrigation system will be checked per contract term or more often if the need arises. The scope of the irrigation check will include: Adjust the programming of controllers to apply water: in accordance with plant requirements based on weatherand soil conditions while minimizing water runoff. Clean and adjust the sprinkler heads and nozzles as needed. Adjust spray patterns to ensure proper coverage and prevent any over-spray onto paved areas or buildings. Remote control valves will be checked for proper operation. Valve boxes to be cleared of debris. Water and electricity for controllers are to be supplied by the customer. Emergency repairs that are critical or necessary to the continued operation of the irrigation system are deemed authorized without the necessity of extra work authorization. All damage done to the irrigation system due to contractor's negligence shall be the responsibility of the contractor and must be repaired within 48 hours at the contractor's expense. If the existing irrigation system consists of a drip-system component, there may be an additional charge for any irrigation run-through's. Optional services as an extra work charge include: Certified water audits. Water! budget record keeping. Hand watering. Repairs, modifications, alterations, or additions to the irrigation system. New Image Landscape Company City of Plymouth Zinfadel Services District Landscape Maintenance Services MX - N E W IMAGE LANDSCAPE COMPANY Weed Control The objective is to maintain all landscaped areas including turf, ground cover, and shrub areas essentially in a weed- free condition. Weeds shall not be allowed to be present for more than 30 days or to reach a size of more than six inches at: any time. Weeds may be controlled by chemical or mechanical means where necessary, as well as hand weeding. Open weed abatement areas may be maintained by mowing. Optional services as an extra work charge include: Weed abatement of open areas. Eradication of established invasive plants e.g. Bermuda grass, bent grass, Kikuyu grass, etc. Turf Management Turfl Management shall consist of mowing, trimming, fertilization, pest control, and any other procedure consistentwith good horticultural practices to ensure normal, vigorous, and healthy growth of turf areas. During the first month of service, New Image will conduct a survey of all lawn areas to determine the current condition of the turf. The survey will determine if there are any problem areas that may need more than normal maintenance such as renovation, re- seeding / re-sodding, dethatching, aeration, selective weed, insect, fungus, or disease control and header replacement / removal. Once any problem areas are identified and a resolution is determined, we can make recommendations and schedule the work at: an additional cost during the appropriate season. The scope of turf management plan: All turf areas will be mowed on a weekly scheduled basis during the growing season from March 1st through October 31st, bi-weekly in November and February, and once per month in December and January, or as needed during the winter months. Lawns will be mowed to a height of 2" to 2 1/2". Edging along sidewalks and curbs shall be performed at every mowing. Lawns bordering ground cover areas shall be edged monthly to prevent grasses from spreading into ground cover areas. After mowing and edging, all clippings will be removed from the sidewalks, driveways, and curbs and removed from the site. Mulching oflawn clipping to re-incorporate organic material back into the turf may occur. Fertilization Program in line with Contract Requirements - type of fertilization will be determined by the season and any specific nutritional needs oft the lawn, as agreed upon with municipality. Minor pesticide application is defined as spot spraying, or individual application of herbicide, fungicide or insecticide chemicals. Usually applied from a hand sprayer or manually applied. Pesticides are lawfully applied when necessary, to control plant material damage by pests. New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services 4 4 NE ET W IMAGE LANDSCAPE COMPANY Shrubs and Groundcover Shrubs and ground cover will be checked on a continual basis throughout the term of the contract duration. Shrubs should be checked for appropriate pruning and thinning, shearing or hedging, and compatibility within the areas in which they are planted. Hard pruning or cutting back will be done in the winter to allow new growth or flushing out during the oncoming spring season. Ground cover will be checked fora appropriate selection and suitability for the areas required, proper coverage within the planting areas, and for general health and condition. The scope of shrub and ground cover care: Shrub pruning, thinning, and trimming shall be accomplished on a regular basis to maintain a neat appearance. Shrubs shall be pruned to promote strength and accentuate the shrubs' natural forms and features, minimize balling, shearing, etc. Plant material shall be fertilized on a regular basis before showing any sign of nutritional deficiencies. Minor pesticide application. Additional Services: Water Management: 1. New Image Landscape seeks to prevent waste and ensure reasonable use of water supplied by the City's water distribution system. 2. Water use limitations will be designed to promote the use of drip irrigation and other low volume irrigation methods that reduce outdoor water use by applying water more efficiently than traditional irrigation methods. 3. Reduction of water demands through water conservation will reduce the per capita amount of water used by city customers, and will also reduce the city's costs for electrical energy, equipment and chemicals utilized to pump and treat water supplied to the City's water distribution system. 4. Reduction of water use through water conservation protects and promotes the public health, safety, and welfare by conserving a vital resource that is subject to ever-increasing demands. Tree Management Services 1. New Image Landscape Company also utilizes a Tree Care Division which is assigned to each large tree project that has been assigned. 2. NILC's Tree Division is well-tasked to remove, replace and/or transplant large trees in addition to applying any pesticides or herbicides deemed necessary by Tree Division Manager. New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services K / N EV W IMAGE LANDSCAPE COMPANY Branch Organizational Chart: Jeffrey Suzuki General Manager Cristobal Serrano Tree Care Operation Manager Phuong Nguyen Business Operations Manager Lisa Murray Assistant Account Manager Jesus Zaragoza Field Supervisor Support Staff Title/Position Role within [Municipalityl Contract Phuong Nguyen Business Operations (510) 309-8292 Manager Assists General Manager with all landscape operations Jeffrey Suzuki (510) 980-1177 General Manager Oversees all landscape operations Lisa Murray (510) 557-9533 Assistant Account Manager PoC for day to day maintenance reporting and issues Tree Care Operation Cristobal Serrano Manager Overall Tree Care/Pesticide Application/Pruning/Demolition Jesus Zaragoza (510) 376-2416 Field Supervisor On-Site Inspections/Supervision/Quality Reports New Image Landscape Company City of Plymouth Zinfadel Services District Landscape Maintenance Services - A MA N E W IMAGE LANDSCAPE COMPANY References 1. Project Name: City of Vacaville a. Contact Name: Wallace Aweau b. Contact Phone: (707) 469-6550 C. Contact Email: Wallace-Aweau@dilylvacavlle.com d. Address: 1001 Allison Dr. Vacaville, CA 95687 e. Description of Project, Scope of Work Performed: Landscape Maintenance for city parks f. Contract Value: $83,244.00 per year g. Date of Performance: 2021 = Current 2. Project Name: City of Sacramento a. Contact Name:. Jeremy Medinas b. Contact Phone: (916) 808-2258 C. Contact Email: Medina2@cityofsacramento.org d. Address: City of Sacramento Corporate Yard e. Description of Project, Scope of Work Performed: Provide streetscape maintenance services for several contracts f. Contract Value: $636,755.04 per year g. Date of Performance: 2019 = Current 3. Project Name: City of Santa Rosa a. Contact Name: Tracy Vera b. Contact Phone: (707) 543-3708 C. Contact Email: tvera@srcity.org d. Address: 635 1st Street, 2nd Floor Santa Rosa, CA 95404 e. Description of Project, Scope of Work Performed: Landscape maintenance services for the Water Department f. Contract Value: $2,004,012.00 per year g. Date of Performance: 2018 - Current New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services 1 NE E W IMAGE LANDSCAPE COMPANY Statement of Qualifications New Image Landscape Company prides itself as a landscape management firm that dedicates itself to an elevated level of customer and landscape management service. NILC was incorporated in Fremont, California on January 1, 1996 and continues to remain headquartered there with our sister company Sansei Gardens, Inc., a landscape construction firm. Since our beginning 29 years ago, we have established nine branches throughout the Northern California region in an effort to better support our geographically diverse clientele. We currently employ over 250 employees, including garden and office staff. New Image Landscape Company is able to provide a wide variety of landscape maintenance services for our diversified clientele. Our staffi is trained for the proper care of trees, shrubbery, ground cover, and turf. New Image's irrigation technicians are well-versed in thei installation and repairing ofirrigation systems. In order to maintain the highest level of plant health and appearance, our staff: is proficient in the application of various pesticides, herbicides, and other chemicals, as well as compliance with regulatory requirements. New Image has over 5 years of experience in municipal landscape maintenance and currently manages over 3 different municipal jurisdictions. Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending investigation. Currently maintain a C-27 Contractor's License. New Image Landscape Company has a 24-hour Emergency Hotline in case of an after-hours emergency, that contacts the PoC to dispatch a crew and address the issue in a timely manner. We are hopeful that your consideration of New Image Landscape Company will allows us to display our professionalism, consistently dependable maintenance, timely response to inquiries and requests, as well as expertise in our field. We are confident the quality of our work surpasses that of our competitors. We show this through our attention to detail, prompt responses to work orders, highly trained employees, commitment to safety, and by staying up-to-date on current and upcoming trends within the landscape industry. New Image Landscape Company City of Plymouth - Zinfadel Services District Landscape Maintenance Services CITY OF PLYMOUTH BID SUMMARY ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES *Use Whole Numbers Only Item Location Monthly Fee 1. Landscape Maintenance Services $7,255.00 New Image Landscape Company CONTRACTORS NAME: City of Plymouth - Request for Proposals Page 7 of 32 Zinfandel Services District - Landscape Maintenance Services CONFIRMATION OF ANY ADDENDUMS: The following addendums were received and considered as part of this bid package: 1 Addendum(s) By submission of a bid, bidder certifies possession of a duly issued and valid Contractor's license issued by the State of California, which license authorizes bidder to contract to perform the type of work required by the specifications and that bidder has not less than five years of comparable and acceptable public work experience. Bidder further certifies that the exhibits and specifications and project site have been reviewed, that the special state and federal requirements have been read and understood and that full compensation for all work required for a complete and operational project has been included in the contract bid prices set forth above. By submission of a bid, bidder certifies that pursuant to Labor Code Section 1725.5, he/she is registered with the Department of Industrial Relations. No Contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Should the Bidder fail to provide below, the number and classification of Bidder's State Contractor's License, and complete and accurate 'Information Required of Bidder,' the Owner may reject this bid therefore. Dated: 05/07/25 By: Cgatatiofs-6sgnature) Title: General Manager Business Name: New Image Landscape Company Contractors Lic. No.: 719106 Expiration Date: 02/28/26 DIR Registration No.: 1000004914 SEAL (if corporation) City of Plymouth = Request for Proposals Page 8 of 32 Zinfandel Services District Landscape Maintenance Services INFORMATION REQUIRED OF BIDDER The bidder shall provide the following information. Failure to comply with this requirement will render the Proposal informal and may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's name and address: New Image Landscape Company 3250 Darby Common Fremont. CA 94539 2. Contractor's telephone number: (510) 226-9191 Contractor's email address: suZuKI@newimagelandscape.com 3. Contractor's license: Primary classification C-27 State License No. 719106 Exp. Date 02/28/26 Employer Identification No. 94-3235925 Supplemental classifications held, if any: C-27 C61/D49 4. Number of years as a contractor in construction work of this type: 29 5. Names and titles of all officers of contractor's firm: Brian Takehara, President Russell Takehara, Vice President Irene Briggs, CFO Brian Jamison. Secretary 6. Name of person in your firm who inspected site of the proposed work and reviewed the project exhibits and specifications. Name: Phuong Nguyen Date of Inspection: 04/23/25 7. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 (925) 944-3245 *Contractor and their subcontractors shall have not less than five (5) years of successful experience in municipal public works construction of each phase of work required by this contract. Contractor represents that he has such experience and is qualified to perform all work except as set forth in paragraph 8, and that subcontractors listed hereon have been contacted and agreed to perform the designated work. Bidders are directed to Section II-3, Award and Execution of Contract. City of Plymouth - Request for Proposals Page 9 of 32 Zinfandel Services District - Landscape Maintenance Services 8. The bidder shall list below the name, business address, license number and DIR number of each subcontractor who will perform work under this contract in excess of one-half percent of the total bid price, or $5,000, whichever is greater; and shall also list the portion of the work which will be done by such subcontractor. This includes ready-mix haulers and companies that deliver ready-mixed concrete for public works projects in accordance with Labor Code Section 1722.1. After the opening of proposals, no changes or substitutions will be allowed without the written approval of the Owner. License DIR EIN Subcontractor Name & Work to Be Performed No. No. No. Address NIA 1 2 3 4 5 6 7 8 Note: Attach additional sheets as required. City of Plymouth - Request for Proposals Page 10 of 32 Zinfandel Services District Landscape Maintenance Services NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code Section 7106) The undersigned declares: - I am the General Manager of, New Image Landscape Company, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conterence with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. - - declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, that this declaration is executed on May 7th, 2025 [Date], at Fremont [Cityl, CA [State]. New Image Landscape Company Contractor Jeffrey Suzuki (Print Name) (Signature) City of Plymouth - Request for Proposals Page 11 of 32 Zinfandel Services District - Landscape Maintenance Services Cca STATE CONTRACTORS LICENSE BOARD ACTIVE LICENSE Licenser Numbe 719106 Entiy CORP BusinasNama NEW IMAGE LANDSÇAPE COMPANY Chsications) C27 C61/D49 CSL ExpiralionDae 02/28/2026 www.csib.ca.gov Contractor Information Registration History Effective Date Expiration Date Legal Entity Name NEW IMAGE LANDSCAPE COMPANY 06/22/18 06/30/19 Legal Entity" Type Corporation 06/19/17 06/30/18 Status 07/01/16 06/30/17 Active Registration Number 07/08/15 06/30/16 1000004914 Registration effective date 01/07/15 06/30/15 07/01/22 07/01/19 06/30/20 Registration expiration date 06/30/25 07/01/20 06/30/22 Mailing Address 3250 DARBY COMMON FREMONT 94539 CAI United St... 07/01/22 06/30/25 Physical Address 3250 DARBY COMMON FREMONT 94539 CA United St... Email Address geneunagelimsopeon Trade Name/DBA License Number (s) CSLB:719106 CSLB:719106 Legal Entity Information Corporation Entity Number: C1956483 Federal Employment dentification Number: 943235925 President Name: Brian Takehara Vice President Name: Russell Takehara Treasurer Name: Irene Briggs Secretary Name: Brian Jamison CEO Name: Agencyf for Service: Agent of Service Name: Brian Takehara Agent of Service Mailing Address: 3250 Darby Common Fremont 94539 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below; PEO PEO PEO PEO nformationName Phone Email Insured by Carrier Policy Holder Name: NEW IMAGE LANDSCAPE COMPANY Insurance Carrier: Arch Insurance Company Policy Number: ZAWCI9430103 Inception date: 04/01/22 Expiration Date: 04/01/23 RECEIVED MAY 05 2025 City of Plymouth Plymouth, CA 95669 CYPRESS LANDSCAPE Cypress Landscape Zinfandel Services District Landscape Maintenance Services Plymouth, California 925-978-7363 Cypresslandscapeslic@gmalil.com CYPRESS LANDSCAPE Company Biography Cypress Landscape is Highly rated, Family-Owned, Landscape Company which specializes in Landscaping Services and Maintenance for properties. We have been established and operated in Northern California in areas such as Concord, Orinda, Oakland, Brentwood, Livermore and surrounding areas. With over 30 Years of experience, we offer top quality services, knowledge of landscaping and gardening and attention to detail. Company Summary Established in 2024 by Steven Sanchez and with the help and knowledge of Arturo Sanchez, with over 30 years of industry expertise, Cypress Landscape has established itself as a trusted leader in professional landscaping services. We specialize in transforming outdoor spaces into beautiful, functional environments that enhance property value and reflect our clients' vision. Serving both residential and commercial clients, our team brings decades of hands-on experience in landscape design, installation, and maintenance. From elegant garden layouts and custom stonework to comprehensive lawn care and irrigation systems, we deliver high-quality, sustainable solutions tailored to every client's unique needs. Our long-standing success is built on a commitment to craftsmanship, reliability, and customer satisfaction. Backed by a skilled team and a deep understanding of local climates and horticulture, Cypress Landscape continues to set the standard for excellence in landscaping. Signature to acknowledge interest and ability to perform work at Zinfandel Ridge Signature 5/1/2025 Date 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Project Experience Landscape Maintenance Experience - Homeowners Association (HOA) Whitman HOA Concord, Ca 2008-Present Client: Whitman HOA Property Size: 52 Units Duration: Weekly Maintenance Scope of Work: Conducted routine lawn care including mowing, edging, trimming, and aeration across all common areas and individual lots as required. Managed seasonal flower bed rotations, shrub pruning, and tree care in compliance with HOA standards. Implemented efficient irrigation system monitoring and maintenance to ensure water conservation and optimal landscape health. Applied fertilizers, herbicides, and pest control treatments according to local regulations and HOA guidelines. Maintained clear communication with HOA board and residents through monthly reports and on-site walkthroughs. Blow any hardscapes such as Walkways, Streets, Porches, Parks Blow off aroscapesfsidewakspatos,rveway. parking lots,walkways) Inspect Sprinkler heads for Damage or blockage Test zones(quick cycle) Note any repairs needed for foliow-up 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Weekly Landscape Maintenance Plan Schedule Overview Frequency: Once or Twice per week Duration: -8-10 hours per visit Crew Size: 3 members Crew Roles Lead Technician (Steven Sanchez)- Oversees task,quality control, client communication,assist with all tasks. Crew member 1 (Arturo Sanchez)- Mowing, Edging, Trimming,Blowing Crew member 2 (Erick Sanchez)- Pruning, Weeding, Debris Cleanup, assist with irrigation checks. Equipment List 1 Commercial Grade Mower 3 String Trimmers 2 Edgers 3 Blowers Pruning Tools - hand pruners, hedge Trimmers) Weeding tools, trash bags,gloves Irrigation tester/flagging tools 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Project Understanding Arrival & Setup (15-20 min) Safety briefing/ tool check Walkthrough and task assignment Unload tools and equipment Traffic Control in required areas ( cones, flags in place) Greenscape Cleanup (2-2.5 hours) Weed Abatement: all weed areas shall be cut down Edging: Along walkways.driveways, and flower beds String Trimming: Around obstacles, fences, trees Fertilization turf : areas based on seasonal schedule Bed Maintenance (1-1.5 hours) Weeding: Remove by hand or hoe Deadheading: Spent blooms on perennials/annuals Raking : remove debris Shrub & Tree Pruning (1-1.5 hour) Light pruning of hedges,shrubs, and small tree Remove dead/diseased branches Maintain shape and size control Irrigation check (30 min) Inspect Sprinkler heads for Damage or blockage Test zones(quick cycle) Note any repairs needed for follow-up Clean-up (1-1.5 hour) Blow off nardscapessidewakspatos.nveway. parking lots,walkways) Remove and haul away green waste Final Walkthrough for Quality Check Reporting and communication (10-15 min) Writing notes: on landscaping activities, upcoming maintenance tasks All Contact : should be directed to Steven Sanchez Additional Services (10-15 min) All additional services shall be directed to our given contact for the RFP of Matt Ospital m.ospta@gainc.net 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Special Requirements Statement of Understanding for Landscape Maintenance This Statement of Understanding is made between: Client Name: Matt Ospital Contractor Name: Cypress Landscape Project Location: Zinfandel Ridge * Zinfandel Parkway, Plymouth, CA 95669 Date:5/1/2025 Purpose: This document serves to confirm that both parties understand and agree to the terms, scope, and expectations related to the landscape maintenance services to be provided. Scope of Work: The contractor agrees to perform the following landscape maintenance services: Lawn mowing and edging Trimming of shrubs and hedges Weed control in planting beds and hardscape areas Leaf and debris removal Seasonal clean-ups Irrigation system checks Other services as specified: [Insert additional services if applicable] Frequency of Service: Services will be provided on the following schedule: Weekly from a period of 3 years starting on July 1, 2025 and ending on July 1, 2028 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Business Information CYPRESS LANDSCAPE AND CONSTRUCTION LLC dba CYPRESS LANDSCAPE 2650 JAGUAR WAY ANTIOCH, CA 94531 Business Phone Number:(925) 978-7363 Entity Ltd Liability Issue Date 05/30/2024 Expire Date 05/31/2026 License Status This license is current and active. All information below should be reviewed. Classifications C27 - LANDSCAPING STATE CONTRACTORS LICENSE BOARD ACTIVE LICENSE : V 1121542 my LLC du ana liana CYPRESS LANDSCAPE AND CONSTRUCTION LLC DBA CYPRESS LANDSCAPE il C27 en Da 05/31/2026 www, cslb. ca gov 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Client Reference List George Ahirwe De Anza Gardens 205 Pueblo Ave Baypoint Ca, 94565 EAH Housing Services range from (Aug 20 - Present) Irrigation System maintenance General Clean up Tree and Shrub maintenance Tree Removals Gutter Clean up Contact info Email: george.ahirwe@eahhousing.org Phone: +1 (925) 505-8428 Kathy Guzman 990 Rosemary Ln Oakley, Ca 94561 Contra Costa Housing Authority Services range from C Aug 22- Present) Landscaping Services such as Tree and Bush Trimming General Clean up of Backyards Trash out units Hauling Services Hardscaping Weed abatement Maintenance of hardscape blowing Contact info Email: kquzman@housingauthorty.org Phone: +1 (925) 957-8005 925-978-7363 Cypresslandscapeslic@gmail.com CYPRESS LANDSCAPE Client Reference List Roderick Evans Housing Authority of Contra Costa County 2100 Buchanan Rd, Antioch Ca,94531 Services range from (June 04- Present) Landscaping Services such as Tree and Bush Trimming General Clean up of Backyards Trash out units Hauling Services Hardscaping Weed abatement Maintenance of hardscape blowing Contact info Email: revans@contracostahousing.org Phone: +1 (925) 393-3659 Mike Hervey Housing Authority of Contra Costa County 3133 Estudillio St Martinez, CA 94553 Services range from (Sept 10- Present) Landscaping Services such as Tree and Bush Trimming General Clean up of Backyards Trash out units Hauling Services Hardscaping Weed abatement Contact info Email: mherveycontracostahousing.org Phone: +1 (925) 393-3597 925-978-7363 Cypresslandscapeslic@gmalil.com CYPRESS LANDSCAPE Proposed Cost Client information Zinfandel Services Landscape Maintenance Plymouth, California RFP Contact Matt Ospital m.ospta@wgainc.net With understanding of scope of work and our proposal to this RFP is as follow. Maintenance done weekly Proposed cost is 5,000 per month Anticipated Contract Term starts on July 1, 2025 and end on July 1,2028 Total for 3 Year contract will be $180,000 Additional work will be done for an additional cost that is agreed upon both parties. 925-978-7363 Cypresslandscapesllc@gmail.com Letter of Recommendation To Whom It May Concern, la am pleased to write this letter of recommendation on behalf of Cypress Landscape who has provided exceptional landscape maintenance services for Elder Winds CCCHA over the past Year. During this time, they have demonstrated a high level of professionalism, reliability, and attention to detail. Their team consistently maintained our grounds with care, ensuring the lawns were pristine, the hedges were well-trimmed, and seasonal plantings were handled with thoughtful design and precision. Whether performing routine mowing, irrigation management, or more extensive landscaping tasks, their work has always exceeded our expectations. One of the most valuable aspects of working with Steven is their proactive communication and commitment to quality. They regularly updated us on maintenance schedules, weather-related adjustments, and recommendations to enhance the health and appearance of our landscape. Thanks to their dedication, our property has remained beautiful and welcoming year-round, drawing compliments from tenants and clients alike. I confidently recommend Steven for any landscape maintenance needs, knowing they will deliver the same outstanding service to others as they have to us. Please feel free to contact me at (925) 393-3659 or email at revans@contracostahousing.org if you have any questions. Regards, Roderick Evans CITY OF PLYMOUTH BID SUMMARY ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES *Use Whole Numbers Only Item Location Monthly Fee 1. Landscape Maintenance Services 45,000 CONTRACTORS NAME: Steven Sancez 7 of 32 City of Plymouth - Request for Proposals Page Zinfandel Services District - Landscape Maintenance Services CONFIRMATION OF ANY ADDENDUMS: The following addendums were received and considered as part of this bid package: Addendum(s) # By submission of a bid, bidder certifies possession of a duly issued and valid Contractor's license issued by the State of California, which license authorizes bidder to contract to perform the type of work required by the specifications and that bidder has not less than five years of comparable and acceptable public work experience. Bidder further certifies that the exhibits and specifications and project site have been reviewed, that the special state and federal requirements have been read and understood and that full compensation for all work required for a complete and operational project has been included in the contract bid prices set forth above. By submission of a bid, bidder certifies that pursuant to Labor Code Section 1725.5, he/she is registered with the Department of Industrial Relations. No Contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Should the Bidder fail to provide below, the number and classification of Bidder's State Contractor's License, and complete and accurate "Information Required of Bidder," the Owner may reject this bid therefore. Dated: 5/1/2025 By: (Contractor's Signature) Title: Owwner ICEO Business Name: Cypress Landscape Contractors Lic. No.: 0i/21542 Expiration Date: 05/31/2026 DIR Registration No.: 2000010669 SEAL (if corporation) City of Plymouth - Request for Proposals Page 8 of 32 Zinfandel Services District - Landscape Maintenance Services INFORMATION REQUIRED OF BIDDER The bidder shall provide the following information. Failure to comply with this requirement will render the Proposal informal and may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's name and address: Sleven Sinchcz 2650 Joguor Wcy Antich CA,9453/ 2. Contractor's telephone number: (925)978-7363 Contractor's email address: Cupreslendsansill. agnil.cor 3. Contractor's license: Primary classification C-27 State License No. 1121542 Exp. Date 05/31/2026 Employer Identification No. 93-2125058 Supplemental classifications held, if any: 4. Number of years as a contractor in construction work of this type: 1 5. Names and titles of all officers of contractor's firm: Sleven Sanchez Owner/ceo 6. Name of person in your firm who inspected site of the proposed work and reviewed the project exhibits and specifications. Name: Steven Sanchez Date of Inspection: 504/23/2025 7. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: Myrna Casco (925) 476 - 5036 ASuras eagcny gmail Com 3476 Bustirk A ki Plessant Hill CA 94523 Contractor and their subcontractors shall have not less than five (5) years of successful experience in municipal public works construction of each phase of work required by this contract. Contractor represents that he has such experience and is qualified to perform all work except as set forth in paragraph 8, and that subcontractors listed hereon have been contacted and agreed to perform the designated work. Bidders are directed to Section I-3, Award and Execution of Contract. - City of Plymouth Request for Proposals Page 9 of 32 Zinfandel Services District - Landscape Maintenance Services 8. The bidder shall list below the name, business address. license number and DIR number of each subcontractor who will perform work under this contract in excess of one-half percent of the total bid price, or $5,000, whichever is greater; and shall also list the portion of the work which will be done by such subcontractor. This includes ready-mix haulers and companies that deliver ready-mixed concrete for public works projects in accordance with Labor Code Section 1722.1. After the opening of proposals, no changes or substitutions will be allowed without the written approval of the Owner. License DIR EIN Subcontractor Name & Work to Be Performed No. No. No. Address M/A 1 2 3 4 5 6 7 8 Note: Attach additional sheets as required. City of Plymouth - Request for Proposals Page 10 of 32 Zinfandel Services District - Landscape Maintenance Services NON-COLLUSION DECLARATION TO. BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code Section 7106) The undersigned declares: - am the Owner of, Cypress Lands SAPC the party making. the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, OF to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divuiged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty. of perjury under the laws of the State of Califomia that the foregoing is true and correct, that this declaration is executed on 5 lol/2S [Date), at Antoch [City). CA [State). Streven Sanchez Contractor Steven Sanchez (Print Name). 6 % (Signature). City of Plymouth - Request for Proposals Page 11 of 32 Zinfandel Services District - Landscape Maintenance Services ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into on May os ol 2025, by and between the City of Plymouth, Califomia (hereinafter referred to as CITY), and Contractor, (hereinafter referred to as CONTRACTOR), or under the authority of the Public Contract Code of the State of Califomia. The parties hereto mutually agree as follows: For and in consideration of the mutual promises and other valuable consideration set forth herein, receipt of which is hereby acknowledged, City agrees to employ Contractor and Contractor agrees to furnish all materials and labor for the prescribed work; perform and complete in good and workmanlike manner all the work pertaining thereto shown on the exhibits and specifications therefore; to furnish at their sole cost and expense all materials, tools, equipment and facilities, and all labor and services necessary therefore (except such materials, if any, which under the specifications are to be furnished by the City), and to do everything required by this Agreement and said exhibits and specifications, including but not limited to the payment of prevailing wages as required by state law. Contractor is responsible for furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by orin consequence of the suspension or discontinuance of work, except such as in the said specifications are expressly stipulated to be borne by the City. For well and faithfully completing the work and the whole thereof, in the manner shown and described in said exhibits and specifications, the City. will pay, and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the base schedule of the Proposal in the amount of $ S000 Month. The Request for Proposal, Proposal, and Specifications are hereby incorporated into and made a part of this Agreement by reference as if fully set forth. The City requires that the Contractor submit verification from the California Insurance Commissioner of the surety's certificate of authority to issue such bonds. If the surety is not admitted or the certificate is unavailable, the agency must reject the bonds and the proposed contract unless and until the Contractor furnishes bonds provided by an admitted surety insurer or by otherwise sufficient sureties. Verification from the California Insurance Commission must be received, along with the bonds, before work begins, or no payment shall be made to Contractor. Contractor shall submit a detailed schedule of work at the pre-construction conference City of Plymouth - Request for Proposals Page 12 of 32 Zinfandel Services District - Landscape Maintenance Services for approval by the City Engineer. This contract shall not take effect and no payment shall be made to Contractor until that schedule is submitted and approved. If Contractor fails to complete the work in accordance with the schedule set forth in the specifications and/or accordance with Section 4 of Section I, Supplemental General Conditions, ofthe project specifications, Contractor: shall be liable for liquidated damages pursuant to Section II-4.03, for each day of delay. Liquidated damages accrued shall be deducted from compensation due the Contractor and retained by City. All certificates of insurance, policy endorsements, and all other certificates required by the specifications shall be on file with the City before work begins or no payment will be made to Contractor. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and a Department of Labor prevailing wage contract and the Contractor and any. subcontractor under him shall pay not less than the highest specified prevailing rates of wages to all workmen employed and be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and the Department of Labor Davis Bacon Requirements. By this reference, Attachment B1 "Labor Compliance Information" is made part of and included in this contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF PLYMOUTH CONTRACTOR By. By Steven Sanchez Date Date ATTEST: - City of Plymouth Request for Proposals Page 13 of 32 Zinfandel Services District - Landscape Maintenance Services California Landseaping & - Design Ine. Randeep Singh Matfallu President California Landscaping & Design Inc. 9864 Dino Drive Unit 5 Elk Grove CA 95624 mep@almdsepgncon 916-647-3786 May 7", 2025 To whom it ma concern, I am writing to express our enthusiasm for the opportunity to provide professional landscaping services to the Zinfandel Services District. At California Landscaping & Design Inc., we pride ourselves on our extensive experience and expertise in various facets ofl landscaping, including irrigation, design, arborist services, landscape maintenance, and both design and construction projects. Our dedicated team is well-equipped to handle the diverse needs ofthe County, ensuring that every project is executed efficiently, effectively, and on schedule. We have carefully reviewed the Request for Proposals and are pleased to accept all terms and conditions outlined within it. Our attached proposal is valid for the full contract period, which reflects our commitment to delivering exceptional service and results. As President of California Landscaping & Design Inc., I am authorized to represent our firm in any correspondence and to sign any resulting contracts related to this proposal. We believe our qualifications align closely with the requirements of the RFP, and we are confident that our professional approach will bring significant value to the Zinfandel Services District. Should you need any further information about our capabilities or wish to discuss how we can contribute to the County's landscaping needs, please do not hesitate to reach out. I am readily available via phone or email at randeep@calandscandscapinginc.com. Thank you for considering our proposal. We look forward to the possibility ofv working together to enhance and maintain the landscapes that serve our community. Warprregards, - 1 - 25n - Randeep Singh Matfallu President California Landscaping & Design Inc. CSLB LIC C-27 #1050180 - PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 calandscapinginc.com RFP, including liability insurance in the amount of $1,000,000, naming the Agency as additional insured. Conflict of Interest - The Consultant must be aware of and comply with conflict of interest rules included in the California Political Reform Act, and Section 1090 et. Seq. of the Government Code. The Political Reform Act requires City/Agency officers and committee members to file statements of interest and abide by a Conflict of Interest Code. Section 1090 limits or prohibits a public official from contracting with a body of which an official is a member. Section 1090 applies even where the officer only reviews the contract for the approving body. City of Plymouth Business License - Consultant shall obtain and maintain a City of Plymouth Business license throughout the contracted period. PROPOSAL CONTENT The City requires the proposer to submit a concise proposal clearly addressing all of the requirements outlined in this RFP; it must contain information covering the following topics: a) Cover Letter - The RFP shall include a cover letter signed by the team representative authorized to sign contracts stating interest and ability to perform the work. b) Project Experience - The RFP shall list and describe previous experience and expertise with providing high quality landscape maintenance service to special districts and project management, including a description of a minimum of three such projects. c) Project Understanding - The RFP shall include a summary of the team's understanding of the work to be provided to the City of Plymouth as well as any recommendations regarding needed services. d) Special Requirements - The RFP shall include a statement of understanding and compliance with the special requirements listed herein. Provide verification of licensing. e) References - The RFP shall include information on three (3) references that may be contacted to discuss the reference's experience with the team. ) Fee Estimates - Each proposal shall include a complete fee estimate for providing services. Proposer must submit cost proposal in the Bid Summary. g) Number of Employees for Contract - The RFP shall include the number and titles of employees that will be dedicated to the landscape maintenance contract for the City of Plymouth. PLEASE NOTE: The City does not pay for services in advance. Therefore, do not propose contract terms that call for upfront payments or deposits. City of Plymouth - Request for Proposals Page 5 of 32 Zinfandel Services District - Landscape Maintenance Services CITY OF PLYMOUTH BID SUMMARY ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES *Use Whole Numbers Only Item Location Monthly Fee 1. Landscape Maintenance Services $ 6,000.00 Monthly California Landscaping & Design, Inc. CONTRACTORS NAME: City of Plymouth - Request for Proposals Page 7 of 32 Zinfandel Services District Landscape Maintenance Services CONFIRMATION OF ANY ADDENDUMS: The following addendums were received and considered as part of this bid package: Addendum(s) NO. 1 By submission of a bid, bidder certifies possession of a duly issued and valid Contractor's license issued by the State of California, which license authorizes bidder to contract to perform the type of work required by the specifications and that bidder has not less than five years of comparable and acceptable public work experience. Bidder further certifies that the exhibits and specifications and project site have been reviewed, that the special state and federal requirements have been read and understood and that full compensation for all work required for a complete and operational project has been included in the contract bid prices set forth above. By submission of a bid, bidder certifies that pursuant to Labor Code Section 1725.5, he/she is registered with the Department of Industrial Relations. No Contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Should the Bidder fail to provide below, the number and classification of Bidder's State Contractor's License, and complete and accurate 'Information Required of Bidder,' the Owner may reject this bid therefore. Dated: May 7, 2025 - By: (Contractor's Signature) Title: President Business Name: California Landscaping & Design, Inc. Contractors Lic. No.: 1050180 Expiration Date: Dec. 31, 2026 DIR Registration No.: 2000010674 SEAL (if corporation) 8 of 32 City of Plymouth Request for Proposals Page Zinfandel Services District - Landscape Maintenance Services INFORMATION REQUIRED OF BIDDER The bidder shall provide the following information. Failure to comply with this requirement will render the Proposal informal and may cause its rejection. Additional sheets shall be attached as required. 1. Contraçtor's name and address: Randeep Singh 9864 DINO DR. UNIT 5 ELK GROVE CA 95624 2. Contractor's telephone number: 916-647-3786 Contractor's email address: randeep@CALandscapinginc.com 3. Contractor's license: Primary classification Landscape C-27 State License No.1050180 Exp. Date 12/31/2026 Employer Identification No. 85-3192817 Supplemental classifications held, if any: C-61, D-49 20 4. Number of years as a contractor in construction work of this type: years 5. Names and titles of all officers of contractor's firm: Randeep Singh / President 6. Name of person in your firm who inspected site of the proposed work and reviewed the project exhibits and specifications. Name: Randeep Singh Date of Inspection: April 23rd, 2025 7. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: Norht River Insurance Company / 877-649-6682 Cade Casaga - 951-234-6550 Contractor and their subcontractors shall have not less than five (5) years of successful experience in municipal public works construction of each phase of work required by this contract. Contractor represents that he has such experience and is qualified to perform all work except as set forth in paragraph 8, and that subcontractors listed hereon have been contacted and agreed to perform the designated work. Bidders are directed to Section II-3, Award and Execution of Contract. City of Plymouth - Request for Proposals Page 9 of 32 Zinfandel Services District Landscape Maintenance Services NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code Section 7106) The undersigned declares: am the President of, CA Landscaping & Design the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, ort to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, that this declaration is executed on May 7th, 2025 [Date), at Elk Grove [Cityl, CA [State). CALandscaping & Design Contractor Randeep Singh (Print Name) (Signature) City of Plymouth - Request for Proposals Page 11 of 32 Zinfandel Services District - Landscape Maintenance Services ZINFANDEL SERVICES DISTRICT - LANDSCAPE MAINTENANCE SERVICES AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into on May 7th, 2025, by and between the City of Plymouth, California (hereinafter referred to as CITY), and Contractor, (hereinafter referred to as CONTRACTOR). or under the authority of the Public Contract Code of the State of California. The parties hereto mutually agree as follows: For and in consideration of the mutual promises and other valuable consideration set forth herein, receipt of which is hereby acknowledged, City agrees to employ Contractor and Contractor agrees to furnish all materials and labor for the prescribed work; perform and complete in good and workmanlike manner all the work pertaining thereto shown on the exhibits and specifications therefore; to furnish at their sole cost and expense all materials, tools, equipment and facilities, and all labor and services necessary therefore (except such materials, ifa any, which under the specifications are to be furnished by the City), and to do everything required by this Agreement and said exhibits and specifications, including but not limited to the payment of prevailing wages as required by state law. Contractor is responsible for furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or1 from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by ori in consequence of the suspension or discontinuance of work, except such as in the said specifications are expressly stipulated to be borne by the City. For well and faithfully completing the work and the whole thereof, in the manner shown and described in said exhibits and specifications, the City will pay, and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifiçations, named in the base schedule of the Proposal in the amount of $ hADO 47 The Request for Proposal, Proposal, and Specifications are hereby incorporated into and made a part of this Agreement by reference as if fully set forth. The City requires that the Contractor submit verification from the California Insurance Commissioner of the surety's certificate of authority to issue such bonds. If the surety is not admitted or the certificate is unavailable, the agency must reject the bonds and the proposed contract unless and until the Contractor furnishes bonds provided by an admitted surety insurer or by otherwise sufficient sureties. Verification from the California Insurance Commission must be received, along with the bonds, before work begins, or no payment shall be made to Contractor. Contractor shall submit a detailed schedule of work at the pre-construction conference City of Plymouth - Request for Proposals Page 12 of 32 Zinfandel Services District - Landscape Maintenance Services for approval by the City Engineer. This contract shall not take effect and no payment shall be made to Contractor until that schedule is submitted and approved. If Contractor fails to complete the work in accordance with the schedule set forth in the specifications and/or accordance with Section 4 of Section II, Supplemental General Conditions, ofthe project specifications, Contractor shall be liable for liquidated damages pursuant to Section II-4.03, for each day of delay. Liquidated damages accrued shall be deducted from compensation due the Contractor and retained by City. All certificates of insurance, policy endorsements, and all other certificates required by the specifications shall be on file with the City. before work begins or no payment will be made to Contractor. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and a Department of Labor prevailing wage contract and the Contractor and any subcontractor under him shall pay not less than the highest specified prevailing rates of wages to all workmen employed and be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and the Department of Labor Davis Bacon Requirements. By this reference, Attachment B1 "Labor Compliance information" is made part of and included in this contract. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF PLYMOUTH CONTRACTOR By By Randeep Singh 05/07/2025 Date Date ATTEST: City of Plymouth - Request for Proposals Page 13 of 32 Zinfandel Services District - Landscape Maintenance Services California Landseaping & Design Ine. Project Experience At California Landscaping & Design Inc., we have a proven track record of delivering high- quality landscape maintenance services to various special districts, along with comprehensive project management skills. Below are descriptions oft three relevant projects that highlight our extensive experience and expertise in this area: 1. City of Elk Grove Riparian Dr. Netafim Conversion Contract # PM 21-019 Duration: 30 days Scope of Work: California Landscaping & Design Inc. was contracted to revitalize water Quality Management and Compliance, a central area in the city. Our responsibilities included Irrigation design, planting of native vegetation, and 90-day ongoing maintenance services. Outcome: The project successfully enhanced the city's aesthetic and functional appeal, providing a sustainable habitat. 2. [Greenhorn Creek LLD]I Landscape Improvement Project Duration: Ongoing Contract Multi-year Scope of Work: Engaged by [Special District Name), we conducted a comprehensive landscape maintenance program that included irrigation system upgrades, regular lawn care, and seasonal planting to promote biodiversity. Additionally, we provided project management oversight to ensure that work was completed on-time and within budget. Outcome: Our efforts resulted in improved irrigation efficiency, reduced water usage by 20%, and enhanced plant health throughout the district. Feedback from the district officials praised our attention to detail and proactive communication, which facilitated a smooth working relationship. 3. Domus Property Management = Sacramento, CA Duration: Currently ongoing Scope of Work: We implemented a landscape maintenance service for multiple green spaces, focusing on sustainability and community engagement. This project included the regular maintenance of turf areas, tree care, and the redesign of flower beds to include drought-resistant plants. Outcome: The initiative not only improved the visual appeal oft the urban green spaces but also significantly boosted local community involvement. CSLB LIC C-27 #1050180 PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 calandscapinginc.com Califormia & Design Bgs Conclusion Our extensive experience working with special districts has equipped us with valuable insights into delivering effective landscape maintenance and project management. We understand the unique challenges that come with maintaining these spaces and have consistently exceeded expectations by providing tailored solutions. We are excited about the opportunity to apply our experience to future projects with the Zinfandel Services District. CSLB LIC C-27 #1050180 PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 I alandscapinginc.com Secretary of State Certificate of Status FORN I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify: Entity Name: CALIFORNIA LANDSCAPING & DESIGN INC Entity No.: 4639969 Registration Date: 08/25/2020 Entity Type: Stock Corporation CA - General Formed In: CALIFORNIA Status: Active The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California. This certificate relates to the status of the entity on the Secretary of State' 's records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status. No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity. IN WITNESS WHEREOF, I execute this certificate and affix € A OF TH 4 the Great Seal of the State of California this day of May 07, d 2025. à 9 4 m 17 SHIRLEY N. WEBER, PH.D. 4, - Secretary of State Certificate No.: 325541322 To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfleOninesos.cagov. California Landscaping & Design Ine. Project Understanding California Landscaping & Design Inc. recognizes the unique landscape maintenance needs of the City of Plymouth and is committed to providing high-quality, sustainable, and aesthetically pleasing solutions tailored to the community's requirements. Our understanding oft the work involves several critical components, which we believe are essential for enhancing the city's green spaces and ensuring their long-term health and viability. Understanding of Work: 1. Comprehensive Landscape Maintenance: We understand that the City of Plymouth requires a robust landscape maintenance program that includes regular mowing, pruning, fertilization and irrigation management. Our goal is to maintain lush, healthy landscapes that promote community enjoyment and environmental sustainability. 2. Sustainability Practices: Given the increasing emphasis on eco-friendly practices, we recognize the importance of incorporating sustainable methods into our maintenance routines, such as minimizing chemical usage, optimizing water conservation through smart irrigation systems, and selecting native and drought-resistant plant species. 3. Community Engagement: We appreciate the value of community involvement in maintaining public spaces. Collaborative initiatives, educational workshops, and volunteer opportunities can foster community pride and stewardship, making the landscapes more cherished and well- maintained. 4. Seasonal Planning: Our team understands the significance of adapting maintenance strategies to the changing seasons, ensuring that the landscapes remain vibrant and resilient throughout the year. This includes seasonal plantings, bedding changes, and appropriate care routines that correspond with local climate conditions. 5. Timely Communication and Reporting: We recognize the importance of transparent communication with city officials and stakeholders regarding project progress, challenges, and achievements. Our approach includes regular updates and the submission of maintenance reports detailing our activities, findings, and recommendations. Recommendations for Needed Services: 1. Irrigation System Audit: An audit of existing irrigation systems can reveal inefficiencies and opportunities for improvement. By updating to smart irrigation technologies, we can enhance water conservation and reduce costs. 2. Regular Tree Maintenance: Given the importance of trees in urban landscapes, we recommend establishing a tree care program that includes regular assessments, pruning schedules, and CSLB LIC C-27 #1050180 PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 - calandscapinginc.com California Landseaping & Design Ine. treatments to ensure their health and safety up to 12 ft. 3. Community Workshops: Hosting workshops for residents on landscaping best practices, native plants, and sustainable gardening can empower the community and reinforce their connection to the city's landscapes. Conclusion California Landscaping & Design Inc. is committed to understanding the specific needs of the City ofPlymouth and providing tailored landscape maintenance services that enhance both the environment and the community's quality oflife. We are excited about the potential collaboration and look forward to bringing our expertise to this important initiative. CSLB LIC C-27 #1050180 - I PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 - - alandscapinginc.com ca CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE 1050180 Entity CORP CALIFORNIA LANDSCAPING & DESIGN INC Classifica ation(s) C27 C61/D49 CSt Expiration Date 12/31/2026 www.cslb. ca. gov c ca CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE Licens 1050180 Entity CORP Busines CALIFORNIA LANDSCAPING & DESIGN INC Classiication(s, C27 C61/D49 ExpirationDate 12/31/2026 www.c csib. ca. gov California Landseaping & Design Inc. References = all ongoing contracts 1. Greenhorn Creek LLD Angels Camp Steve Wilcox 530-228-8444 2. Touchstone HOA West Sacramento Christopher Moore 916-798-3474 3. Domus Property Management Multiple Complexes Jeremy Sehorn 209-570-0322 4. Goodwill Industries 9699 E. Stockton Blvd. Elk Grove CA 95624 Mark L. 916-240-0164 CSLB LIC C-27 #1050180 PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 calandscapinginc.com California Landseaping & - Design Ine. Fee Estimates California Landscaping & Design Inc. is pleased to provide a comprehensive fee estimate for the landscape maintenance services proposed for the City of] Plymouth. We believe in transparency and aim to deliver value while maintaining the highest standards of service. Below, please find our detailed cost proposal structured in a Bid Summary format. Bid Summary Service Description Unit Cost Commercial Valve $ 475.00 Per PVC Lateral breaks $ 175.00 Per Emergency Tree work $ 125 per hour Irrigation if needed per hour $ 75.00 per hour Notes: - The above costs are estimates based on our experience and the expected requirements of maintaining the City ofl Plymouth's landscapes. - This fee estimate includes labor, materials, equipment, and management overhead necessary to deliver high-quality service. - Any additional services not outlined in this summary can be discussed and will be billed at our regular hourly rates or project rates, as applicable. We are committed to providing a responsive and adaptable service and are willing to adjust our approach based on specific needs or feedback from city officials. Conclusion California Landscaping & Design Inc. is dedicated to delivering exceptional landscaping services that not only meet but exceed the expectations oft the City of Plymouth. We believe our fee estimate reflects our commitment to quality and sustainability while ensuring efficient use of resources. We look forward to the opportunity to work with the City of] Plymouth and contribute positively to its beautiful landscapes. Ifthere are any questions or if further discussion is needed regarding this proposal, please do not hesitate to contact us. CSLB LIC C-27 #1050180 PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 calandscapinginc.com Califormia Landscaping & Design Ine. Employees for jobsite Lead Technician Todd Smith 916-280-6446 Sr. irrigation Technician Daniel Robles 209-405-9731 Assistant Laborer Manuel Montenegro 916-704-6949 CSLB LIC C-27 #1050180 PO Box 1552, Elk Grove, CA 95759 Office: (916) 647-3786 alandscapinginc.com 7.3 CITY COUNCIL AGENDA ITEM NO. 7.3 COUNTS 06/12/2025 SUBJECT: Adopt a resolution approving the list of projects to be repaired using RMRA DEPARTMENT: Public Works STAFF: Boone Davidson, Public Works Superintendent Margaret S. Roberts, City Manager TITLE THIS FIELD WILL BE CARRIED TO THE AGENDA DIRECTLY UNDER THE SUBJECT. BACKGROUND This item was originally presented to the City Council at the May 8 meeting, at which time the Council requested that it be brought back for further discussion on potential revisions to the proposed projects. Since that meeting, no additional public comments have been received regarding preferred projects. At this meeting, the Council will have the opportunity to review, discuss, and make any modifications to the list of proposed projects as they deem appropriate. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, established the RMRA to provide a stable funding source for local agencies to maintain and rehabilitate their transportation infrastructure. To receive RMRA funds, cities must annually submit a list of proposed projects adopted by their governing body at a regular public meeting. This list must be submitted to the CTC through the ClSMART portal by July 1st of each year. The proposed project list for FY 2025/26 includes the following: 1. Project Title: Hwy 49 and Mill Description: Right of Way, Preliminary design, traffic signals, lights, and/or signage installation (new safety), traffic calming Location: Hwy 49 intersection with Mill, Locust and Poplar Streets Estimated Useful Life: 1-40 years Estimated Schedule: Pre-Construction Start 06/2025 Completion 08/2025 and Construction Start: 08/2025 Completion: 02/2026 2. Project Title: Landrum Street CITY COUNCIL AGENDA ITEM NO. 7.3 COUNTS 06/12/2025 Description: Pavement rehab/repair (existing), storm drain and/or culvert rehab/repair (existing) drainage Location: Landrum Street at Church Street Estimated Useful Life: 15-20 years Estimated Schedule: Start: 05/2026 Completion: 05/2026 These projects were identified based on pavement condition assessments, safety considerations, and community input. They align with the priorities set forth in Streets and Highways Code Section 2030, focusing on road maintenance, rehabilitation, and critical safety improvements. Upon Council adoption, staff will: 1. Submit the adopted project list and resolution to the CTC via the CalSMART portal by the July 1st deadline. 2. Ensure compliance with all reporting requirements, including the Annual Project Expenditure Report due by October 1st. ENVIRONMENTAL DETERMINATION While SSB 1 projects are identified by the City are "projects" under CEQA, they are exempt under the Class 1 Existing Facilities exemption. FISCAL IMPACT The City of Plymouth is projected to receive approximately $63,413 in RMRA funds for FY 2025/26. These funds will be allocated to the projects listed above. Any additional costs will be covered by local funds. RECOMMENDATION Staff recommends that the City Council adopt Resolution 2025-11 approving the list of proposed projects to be funded by the Road Maintenance and Rehabilitation Account (RMRA) funds for Fiscal Year 2025/26, as required by the California Transportation Commission (CTC) for funding eligibility under the Local Streets and Roads Funding Program. Direct staff to file the Notice of Exemption for CEQA. ATTACHMENT(S) 1. Resolution 2025-11 2. LSR Projected Revenue Sheet RESOLUTION NO. 2025-11 RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF PLYMOUTH ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025/26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Plymouth are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Plymouth must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City of Plymouth, will receive an estimated $26,941 in RMRA funding in Fiscal Year 2025/26 from SB 1;and WHEREAS, the City of Plymouth continues to receive SB 1 funding which will enable the City of Plymouth to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Plymouth has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City of Plymouth used al Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will helpt the City of Plymouth maintain and rehabilitate two streets/roads, add active transportation infrastructure throughout the City of Plymouth this year and ### of similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessmentround that the City of Plymouth's streets and roads are in an "excellent/good/at-risk/poor" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Plymouth, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The following previously proposed and adopted projects may also utilize Fiscal Year 2025/26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Plymouth is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabiutation Account revenues: Each Relisted Project Previously Proposed MUST Include: Project Title: Hwy 49 and Mill Project Description: Right of Way, Preliminary design, traffic signals, lights, and/or signage installation (new safety), traffic calming Project Location: Hwy 49 intersection with Mill, Locust and Poplar Streets Estimated Project Schedule: Start Pre-construction (06/25) - Completion (08/2025) Schedule: Start Construction (08/25) - Completion (02/2026) based on the component being funded with RMRA funds Estimated Project Useful Life: 1-40 years Each Relisted Project Previously Proposed MUST Include: Project Title: Landrum Street Project Description: Pavement rehab/repair (existing), storm drain and/or culvert rehab/repair (existing) drainage Project Location: Landrum Street at Church Street Estimated Project Schedule: Start (05/2026)- Completion (05/2026) based on the component being funded with RMRA funds Estimated Project Useful Life: 15-20 years PASSED AND ADOPTED by the City Council of the City OF Plymouth, State of California this 12th day of June, 2025 by the following vote: AYES: NOES ABSENT: ABSTAIN: Peter Amoruso, Mayor ATTEST: Victoria McHenry, City Clerk 7.4 CITY COUNCIL AGENDA ITEM NO. 7.4 COUNT 06/12/2025 SUBJECT: Discuss the option of changing to one Planning Commission and one City Council meeting per month. DEPARTMENT: City Manager's Office STAFF: Margaret S. Roberts, City Manager TITLE RECEIVE REPORT ON THE OPTION OF ONE PLANNING COMMISSION AND ONE CITY COUNCIL MEETING PER MONTH. BACKGROUND Council Member Cranford asked that this matter be brought before the Council for consideration and potential direction during the February 27, 2025, City Council meeting. The item was discussed during the March 18, 2025, meeting and was asked to be brought back at this meeting. The City Council currently meets twice per month, with occasional special meetings as needed. In response to Council direction to review the cost and time associated with these meetings, staff has compiled data from September 2023 through May 2025 to evaluate whether the current meeting schedule is efficient and cost-effective. DISCUSSION 1. Cost of Staff Time Because staff time is not directly tracked for Council meetings, estimated costs were developed based on average participation levels and meeting durations. From September 2023 to August 2024, the estimated cost of staff time per meeting ranged from $3,689.83 to $4,208.43, resulting in an annual total of $56,217.53 to $62,440.73. These costs reflect preparation of staff reports, attendance at meetings, and post- meeting follow-up, including implementation of Council direction. Reducing the number of meetings would yield substantial savings in staff time and allow departments to refocus on project implementation, service delivery, and other priorities. CITY COUNCIL AGENDA ITEM NO. 7.4 : COUNTS 06/12/2025 2. Meeting Frequency and Content Between June 2024 and May 2025, the City Council held 21 meetings, during which it addressed: - 55 Action Items (including Public Hearings and Regular Agenda Items) - 10 Closed Session discussions This equates to an average of: - 2.6 Action Items per meeting - 0.48 Closed Session Items per meeting Rounded, the average meeting includes approximately 3 Action Items and 0.48 Closed Session Items. This relatively low volume of business per meeting suggests that City business could be effectively managed with a monthly meeting, especially if staff continues to organize the agenda efficiently and combine items when appropriate. 3. Meeting Duration The average duration of meetings from June 2024 through May 2025 was: Regular Meeting (Open Session): 1 hour Closed Session: 1 hour and 35 minutes Total average meeting time: 2 hours and 35 minutes This length supports the idea that Council can reasonably conduct its business within a single, well-structured monthly meeting, possibly with optional special meetings if urgent matters arise. BENEFITS OF REDUCED MEETING FREQUNCY - Cost Savings: Reduced staff overtime and preparation time. Efficiency: Streamlined agendas and more strategic prioritization of Council actions. Focus: Allows staff more time to implement Council directives and manage department operations. Flexibility: Special meetings can still be called for urgent or time-sensitive items. CITY COUNCIL AGENDA ITEM NO. 7.4 COUNTS 06/12/2025 CONCLUSION Based on the analysis of item volume, meeting duration, and staff costs, staff recommends moving to one regular City Council meeting per month. Staff is confident that the Council's legislative and policy-making responsibilities can continue to be fulfilled effectively with this schedule. Should the Council wish to proceed, staff will return with a proposed Ordinance to update the Municipal Code and meeting calendar. ENVIRONMENTAL DETERMINATION This is not a project" under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. FISCAL IMPACT Potential annual cost savings: $28,000-$31,500, based on eliminating approximately 8-9 meetings per year. RECOMMENDATION Staff recommends That the City Council consider reducing the frequency of its regular meetings from twice per month to one meeting per month. ATTACHMENTIS) 1. Meeting Data Summary: June 2024-May 2025 2. Draft Revised Meeting Calendar E 9 6 0 8 9 8 - 4 2N 2N 2N 6 E 8 C 9? 8 6 9 & a E 0 1 LB E E 1 8 8 : E 1 C CV CV C CN C 3 9 C E < A JULY Planning Commission July 3 City Council July 17 AUGUST Planning Commission August7 City Council August 21 SEPTEMBER Planning Commission September 4 City Council September 18 OCTOBER Planning Commission October 2 City Council October 16 NOVEMBER Planning Commission November 6 City Council November 20 DECEMBER Planning Commission December 4 City Council December 18 10 CLOSED SESSION X Chr CITY OF PLYMOUTH o CLAIM FOR DAMAGES TO PERSON OR PROPERTY RETURNTO: City Clerk P.O. Box 429 9426 Main Street, Plymouth, CA 95669 Melsmy@spePpmoulheg 1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months qfier the occurrence (Gov. Code, $911.2). 2. Claims for damages to. real property must be filed not later than one (1) year after the occurrençe (Gov. Code $911.2). 3. READ ENTIRE CLAIM FOR. BEFORE FILING 4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS CLAIMANT INFORMATION: Jim and Teresa Nave FULL NAME DATE OF BIRTH HOME. ADDRESS! INCL. CITY, STATE & ZIP HOME TELEPHONE: NO. BUSINESS, ADDRESS INCL. CITY, STATE & ZIP BUSINESS TELEPHONE! NO, ADDRESS, AT WHICH CLAIMANT DESIRES TO RECEIVE NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM (if different from home address provided above); 1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: December 2024 TIME: AM PM 2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side ofthis sheet. Where appropriate, give. street names and addresses, measurements and landmarks. Drv an Street, Wheret therei isajog! tot thel left ats schoolf field(aproximaly wheret the side walk begins) ons schools side. Plymouth, CA 95669 3. HOW DID DAMAGE OR INJURY OCCUR? Cilyy woekars as eating thac dminn rea ndo dsides alk, axtt schock feld. As! lwass driingbyir moved VA eft var ad i nd hew rocke hit the de ofmy vehicle. 8u6 nick nthe paint. over Passenger sides tronty wheel, Plumbing issue due to improper pipe grading at the sewer main causing waste to try to travel uphill, resulting in backups and cloggage at claimants' home. 4. WERE POLICE AT THE SCENE? YES NO WERE PARAMEDICS AT THE SCENE? JYESNO CITY OF PLYMOUTH LIABILITY CLAIM FOR DAMAGES TO PERSON OR PROPERTY Page 2 5. WHAT PARTICULAR ACT OR OMMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town employee causing the injury or damage, ifknown. Improper grading of sewage line at the main 6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ 9975 HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates, DAMAGES INCURRED TO DATE: Item/Date: 12/13/2024 Amount: $ 9500 Item/Date: 12/03/2024 Amount: $ 475 Item/Date: Amount: $ Item/Date: Amount: $ TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $ 9975 ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN: Item/Date: Amount: $ Item/Date: Amount: $ Item/Date: Amount: $ Item/Date: Amount: $ TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $ 7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, ifnecessary) NAME: Jerry Goshorn, WasterWater Supervisor NAME: Ronn Lubenko, Owner ADDRESS Amador Water Agency ADDRESS: Shenandoah Excavation 12800 Ridge Road, Sutter Creek, CA 95685 9310 Pacific Street, Plymouth, Ca 95669 TELEPHONE TELEPHONE: 8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTOR(S) OR HOSPITAL(S) VISITED: NAME: NAME: ADDRESS: ADDRESS: TELEPHONE: TELEPHONE: DATE: TIME: JAMI PM DATE: TIME: MM NAME: NAME: ADDRESS: ADDRESS: TELEPHONE: TELEPHONE: - DATE: TIME: AMPM DATE: TIME: AMD JPM CITY OF PLYMOUTH LIABILITY CLAIM FOR DAMAGES TO PERSON OR PROPERTY Page 3 9. PLEASE READ THE FOLLOWING CAREFULLY: For all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. Indicate place of accident by "X" and by showing house numbers or distances to street corners. Ifa city/town vehicle was involved, designate by letter "A" location ofthe City/Town vehicle when you first saw it, and by "B" location ofyourself or your vehicle when you first saw City/Town vehicle; location of City/Town vehicle at time of accident by "A-l"and location ofyourself or your vehicle at the time oft the accident by" "B-!" and the point of impact by "X". s NOTE: IF THE. DIAGRAM BELOW DOES. NOT FIT THE SITUATION, PLEASE, ATTACH, A PROPER DIAGRAMSIGNED BY: THE CLAIMANT. CURB PARKWAY SIDEWALK IHAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF; AND CERTIFY THAT THES SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TOTHOSE MATTERS WHICH ARE HEREIN STATED! UPON MYI INFORMATION AND BELIEF; AND AS TO THOSE MATTERS, BELIEVE THEM TO: BE' TRUE. IÇERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Cim nan Jim + Tefisa N IVe 3/5/25 IGNADRE OF TYPE OR PRINT NAME DATE CLAMAYTORAPRT A l SCIE RELATIONSHIP TOC CLAIMANT NOTE: PRESENTATION OF A FALSE CLAIM IS. A FELONY (CA PENAL CODE 72) A Public. Agency 12800 RIDGE ROAD, SUTTER CREEK, CA 95685 209) 223-3018 Fax: (209) 257-5267 February 5, 2025 Jim and Teresa Nave RE: Sewer line at I was asked by the Cathleen at the City of Plymouth to help the homeowner at the above address resolve an on-going sewer line issue. The homeowners had called in Gilmore Plumbing to help resolve their back up issues. Gilmore Plumbing spent a few days and several hours but lacked the experience to correct the problem. made a site visit on January 21, 2025. It was immediately obvious to me that the sewer line going to the main was installed running uphill. This installation was signed off by an inspector, however, this installation was never going to work properly. It was at this time that I informed the City of Plymouth that a contractor needed to come out and properly fix the problem for the homeowners that have been dealing with this problem for several years now. The original installation of the line was not done properly and the homeowner should not be responsible for any costs to correct it. Sincerely, L Bsal Jerome Goshorn AWA Wastewater Supervisor 1Page a 1 Gilmore Heating, Air & Plumbing Lic #559305 * Est 1979 8636 Antelope N. Rd. Bldg. D GILMORE Antelope, CA 95843 (530) 626-3621 HEATING e AIR e PLUMBING www.GlimoreAir.com - - Lic 559305 Est 1979 BILL TO Jim & Teresa Nave INVOICE INVOICE DATE 12/13/2024 JOB ADDRESS Completed Date Jim & Teresa Nave Technicians Andrew Welsh Brandon Zaunbrecher Customer PO # Payment Term Due Upon Receipt DESCRIPTION OF WORK 10ft TASK DESCRIPTION QTY PRICE TOTAL CPR- Custom Plumbing Repair (CPR-6.25.0025): 1.00 $9,500.00 $9,500.00 6.25.0025 trench up 10 feet, install new 4inch abs sewer line, includes new two way cleanout all band and materials included, 3 year labor and 5 year parts warranty, all permits and inspections included. Gilmore not responsible for unforeseen circumstances. Gilmore will do work work during normal business hours. customer will be required to be on site during process PAYMENT Paid On Type Memo Amount 12/13/2024 GreenSky Direct Funding $9,500.00 SUB-TOTAL $9,500.00 CONTRACT PRICE $9,500.00 PAYMENT $9,500.00 BALANCE DUE $0.00 Thank you for your business! CUSTOMER AUTHORIZATION have the authority to order the above work and do so as outlined above. Sign here Date CUSTOMER ACKNOWLEDGEMENT 1 agree that the work outlined above has been satisfactorily completed. I further agree that Seller retains title to equipmentmaterials furnished until final payment is made. If payment is not made as agreed, Seller can remove said equipmentmaterials at Seller's expense and/or impose a 2% liquidation fee on the entire amount contained in the Seller/Buyer transaction. Any damage resulting from said removal shall not be responsibility of Seller. Sign here Date TECHNICIAN ACKNOWLEDGMENT Sign here Date Gilmore Heating, Air & Plumbing LC #559305 . Est 1979 8636 Antelope N. Rd. Bldg. D Antelope, CA 95843 GILMORE (530) 626-3621 HEATING e AIR- PLUMBING www.GimoreAr.com Lic 559305 Est 1979 BILL TO Jim & Teresa Nave INVOICE NVOICE DATE 12/3/2024 JOB ADDRESS Completed Date 12/3/2024 Jim & Teresa Nave Technician Johnathan Williams Customer PO # Payment Term Due Upon Receipt Due Date 12/3/2024 DESCRIPTION OF WORK Job is to cable mainline/run video inspection Upon arrival tech found mainline backing up slowly Tech was told by customer that this happens every year around same time Tech then provided cable and camera Tech then cabled until clear and ran camera to find extreme offset at end of sidewalk Tech then provided estimates to dig down and replace section of piping Customer declined additional work at this time and will give us a call TASK DESCRIPTION QTY PRICE TOTAL CBL-100 Clear Main Line with an Electric Snake from Existing Outside Access: 1.00 $475.00 $475.00 Attempt to clear your main drain from an outside access point using an electric snake. PAYMENT Paid On Type Memo Amount 12/3/2024 Credit Card $475.00 SUB-TOTAL $475.00 CONTRACT PRICE $475.00 PAYMENT $475.00 All claims against the City for money or damages not otherwise governed by the Government Tort Claims Act, California Government Code Sections 900 et.seq., or other state law (hereinafter "claims") shall be presented within the timeframe and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900), as that Part may be amended from time to time. All claims shall be made in writing and shall contain the information required by California Government Code Section $910. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. 1. Name and Address of the Claimant: Name of Claimant: Jim and Teresa Nave Mailing Address: 2. Mailing address to which the person presenting the claim desires notices to be sent: (Specify if different than Claimant s address listed above) Name of Addressee: Telephone Mailing Address: 3. The date, place and other circumstances oft the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: December 2024 Time of Occurrence: Location: Circumstances giving rise to this claim: In December 2024 we decided to have a plumber out and put a camera down the waste pipe to see if there was any signs of roots that could be causing the issue. No roots were found. There is a severe issue withthe ORIGINAL gradingoftheppet teading off oft thet main. it causes waste to have-tot travetuphill (fighting gravity) and sewage. is coming towards the. house. insteadof away fromit. Therewasno-drop'in the line that is necessary to move the waste away from our house. 4. General description oft the indebtedness, obligation, injury, damage or loss incurred SO far as it may be known atthe time of the presentation of the claim. Attached are two invoices for what we have paid for the work done by Gilmore Plumbing. We are seeking to recover the total cost of the work, $9975. 1 5. The name or names of the public employee or employees causing the injury, damage, or loss, ifknown. 6. If amount claimed totals less than $10,000: The amount claimed ifit totals less than ten thousand dollars ($10,000) as oft the date of presentation ofthe claim, including the estimated amount ofany prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: Amount claimed: $9975. Invoices attached. If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the reçovery sought is more than $25,000. (See CCP $ 86.) Limited civil Unlimited civil You are required to provide the information requested above, plus your signature on page 3 of this form, in order to comply with Government Code $910. In addition, in order to conduct a timely investigation and possible resolution of your claim, the city requests that you answer the following questions. 7. Claimant(s) Date(s) of Birth: Jim Nave Teresa Nave 8. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to theclaim asserted: Jerry Goshorn, Wastewater Supervisor, Amador Water Agency, 12800 Ridge Rd, Sutter Creek, CA 95685 Ronn Lubenko, Owner, Shenandoah Excavation, 9310 Pacific Street, Plymouth, CA 95669 9. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: Ifapplicable, please attach any medical bills or reports orsimilar documents supporting your claim. 2 10. Ifthe claim relates to an automobile accident: Ifapplicable, please attach any repair bills, estimates or similar documents supporting your claim. Claimant(s). Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by X" and by showing house numbers of distances to street corners. If City/Agency' Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B"location of yourself or your vehicle when you first say City/Agency Vehicle; location of City/Agency Vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: Ifdiagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB CURB PARKWAY SIDEWALK Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code $72). 3 Pursuant to Codeof Civil Procedure $1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. All claims shall be verified by the claimant or by his or her guardian, conservator, executor or administrator. of claimant: Levre Tlome Signature fim Tavd Date: 3/5/a5 4