AGENDA
CITY OF GUSTINE
CITY COUNCIL
COUNCIL CHAMBERS, CITY HALL
352 5 STREET GUSTINE, CALIFORNIA
JULY 15, 2025 - 6:30 P.M.
The Council Chambers are open and in-person attendance is encouraged.
As a convenience, the City will be retaining the virtual component of public meetings for optional attendance with the use of an online meeting room.
Log-in and dial-in information is as follows:
https://meet.goto.com/8981443 l 7
or via telephone by dialing (872) 240-331 l, access code: 898-144-317 Feedback and noise will be muted by the meeting organizer.
Please note, in the event of a technical issue causing a disruption in the call-in option or internetbased option, the meeting will continue unless otherwise required by law, such as when 'a Council Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Please take a moment to silence your cell phones.
ROLL CALL
Council Members: Melville-Giles-Marsigli-Mayor Pro Tern Ford-Mayor Nagy
APPROVAL OF AGENDA
At this time, any member of the City Council or staff may advise of any updates to the order of, or changes to, the agenda as published.
Any requested changes or edits shall be offered in the form of a motion by any City Council member, requiring a second, and followed by a 3/5 vote of approval by the Council.
DECLARATIONS OF CONFLICT OF INTEREST
At this time, any member of the City Council may declare their conflict of interest or their abstention from any item listed on, or within, the agenda.
PRESENTATIONS
PUBLIC COMMENT
At this time, any person may comment on any item, which is not on the agenda. PLEASE STATE YOUR NAME FOR THE RECORD. Action will not be taken on the topic unless deemed an urgency matter by a 3/5 vote of the City Council. Topics not considered an urgency matter may be referred to City staff and/or placed on a subsequent agenda for consideration, by a 3/5 vote of the City Council.
Members of the public, who have questions or comments regarding a specific agenda item, may comment on that item before consideration of that item, when recognized by the Mayor.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
(continued)
1. Warrants
Recommendation: Review and ratify
2. Direct Staff to Send Out Warrant Checks Prior to August 19, 2025 Regular Council Meeting
Recommendation: Review and approve
3. Approve Ordinance Adopting and Waiving the Second Reading of an Ordinance Adding Section 7-3-13 to Chapter 3 of Title 7 of the Gustine Municipal Code to Prohibit the Feeding of Wildlife
Recommendation: Review and approve
4. Approve Request for Use of Streets and Services and Authorize Mobile Food Vendors for Annual Our Lady of Miracles Event
Recommendation: Review and approve
5. Approve Resolution Authorizing Regional Surface Transportation Program Claim Recommendation: Review and approve
ADMINISTRATIVE AGENDA
6. Consider Adoption and Waiver of Second Reading of an Ordinance Approving ZOA 2025-01, Amending Chapter 4-44, Section 4-44-140 of the City of Gustine Zoning and Subdivision Code Regarding Accessory Dwelling Units to Comply with Recent Changes to State Law, and Finding the Action to be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve ZOA 2025-01, adopting the ordinance and waiving the second reading
7. Consider Approval of a Resolution Authorizing the City Manager to Submit Scope Revision to Statewide Parks Program for Grant Funded Pioneer Park Renovation and Authorizing Execution of Necessary Paperwork and Direction to Release Approved Scope to Public Bid
1. Receive staff report
3. Receive Public Comment
5. Consider a motion to approve resolution and provide direction to staff on priorities for future steps
8. Approve Resolution Authorizing Purchase Order with Environmental Equipment Engineering, Inc. For Purchase of Aerators and Authorizing Acquisition
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve resolution
CITY DEPARTMENT REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
CLOSED SESSON PUBLIC COMMENT
At this time, any person may comment on any item listed on the closed session agenda. (continued)
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Public Works Association
2. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Police Officers Association
ADJOURNMENT
Note:
I. In compliance with the Americans with Disabilities Act, a disabled person requesting a disability-related modification or accommodation to participate in this meeting, must contact City Hall at (209) 854-6471 or /209) 854-2127 (fax). Requests must be made as early as possible, preferably one-full business day before the start of the meeting.
2. Any document provided to a majority of the City Council regarding any open session item on this agenda is available for public inspection during normal business hours at the front counter of City Hall located at 352 5m Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.
CERTIFICATION
I, Desirae Porras, Administrative Assistant, do hereby declare under penalty of perjury that the foregoing agenda was posted at the Gustine City Hall, 352 5 Street, Gustine CA and made available for public review on this 10 day of July w·
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Warrant List
By Vendor Name
Payment Dates 07/02/2025 - 07/15/2025
e City of Gustine, CA
(
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.,
--
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: 209 MULTIMEDIA CORPORATION
Fund: 060 - WATER FUND
209 MULTIMEDIA CORPOR 396867
209 MULTIMEDIA CORPOR 396867
06/30/2025
06/30/2025
PW RECRUITMENT
PW RECRUITMENT
33.08 33.08
Fund 060 - WATER FUND Total: 66.16
Fund: 061 - SEWER FUND
209 MULTIMEDIA CORPOR 396867 06/30/2025 PW RECRUITMENT 33.09 Fund 061- SEWER FUND Total: 33.09
Vendor 209 MULTIMEDIA CORPORATION Total: 99.25
Vendor: A PLUS PLUMBING, LLC
Fund: 001 - GENERAL FUND
A PLUS PLUMBING, LLC 33515 06/30/2025 UNWIRED SEWER REPAIR 250.00 - -
Fund 001 - GENERAL FUND Total: 250.00
Vendor A PLUS PLUMBING, LLC Total: 250.00
Vendor: ACE HARDWARE OF GUSTINE
Fund: 001- GENERAL FUND
ACE HARDWARE OF GUSTI 601342 06/30/2025 GPD CAR WASH PRODUCT 16.85 ACE HARDWARE OF GUSTI 601439 06/30/2025 PW PARK TRASH CAN 80.08 ACE HARDWARE OF GUSTI 601623 06/30/2025 PD ANIMAIL CONTROL 31.13
CSO SUPPLIES
ACE HARDWARE OF GUSTI 601896 06/30/2025 GPD PAINT FOR STRIPING 18.60 Fund 001 - GENERAL FUND Total: 146.66
Fund: 016- SWIM POOL FUND
ACE HARDWARE OF GUSTI 600739 06/30/2025 AQUATIC CENTER - DEP OP 4.32
SUPPLIES
ACE HARDWARE OF GUSTI 600836 06/30/2025 AQUATIC SUPPLIES - DEP 8.62
OP SUPPLIES
ACE HARDWARE OF GUSTI 600883 06/30/2025 AQUATIC CENTER - DEPT 19.68
OP SUPPLIES
Fund 016 - SWIM POOL FUND Total: 32.62
Furid: 059 - STORM DRAIN
ACE HARDWARE OF GUSTI 601271 06/30/2025 PW DEPT OP SUPPLIES 33.54
DRAINAGE PARTS/FITTING
ACE HARDWARE OF GUSTI 601278 06/30/2025 PW DEPT OP SUPPLIES 179.73
RESTOCK TRUCK TOOLS &
SUPPLIES
ACE HARDWARE OF GUSTI 601310 06/30/2025 PW DEPT OP SUPPLIES 48.70
RESTOCK TRUCK TOOLS &
SUPPLIES
ACE HARDWARE OF GUSTI 601345 06/30/2025 PW DEPT OP SUPPLIES 33.20
RESTOCK TRUCK TOOLS
ANDSUPPLI
ACE HARDWARE OF GUSTI 601486 06/30/2025 PW DEPT OP SUPPLIES 63.84
RESTOCK TRUCK TOOLS &
SUPPLIES
ACE HARDWARE OF GUSTI 601537 06/30/2025 PW DEPT OP SUPPLIES 4.51
RESTOCK TRUCK TOOLS &
SUPPLIES
ACE HARDWARE OF GUSTI 601577 06/30/2025 PW DEPT OP SUPPLIES 5.39
RESTOCK
7/3/2025 11:14:13 AM Page 1 of 9
Warrant List Payment Dates: 07/02/2025 - 07/15/2025
Vendor Name Payable Number Post Date
ACE HARDWARE OF GUSTI 601590 06/30/2025
Description (Item)
PW DEPT OP SUPPLIES
Fund 059 - STORM DRAIN Total:
Vendor ACE HARDWARE OF GUSTINE Total:
Amount
42.83 411.74
591.02
Vendor: ALLIED WEED CONTROL, INC
Fund: 061- SEWER FUND
ALLIED WEED CONTROL, I 3621 06/30/2025 WEED ABATEMENT WWTP Fund 061 - SEWER FUND Total:
Vendor ALLIED WEED CONTROL, INC Total:
1,275.00
1,275.00
1,275.00
38.96 31.38
Vendor: AMAZON CAPITAL SERVICES, INC.
Fund: 001- GENERAL FUND
AMAZON CAPITAL SERVICE 1WFV-YN6-YQD4
AMAZON CAPITAL SERVICE 1YT0-WMNT-GCKC
06/30/2025
06/30/2025
CH - OFFICE SUPPLIES-3
RING BINDERS
CH - OFFICE SUPPLIES
DUST OFF
Fund 001- GENERAL FUND Total: 70.34
06/30/2025
06/30/2025
06/30/2025
06/30/2025
-83.34
-83.34
694.58
764.92
134.83
-83.34
152.94
370.08
370.09
-83.34
AQUATIC CENTER - OP
SUPPLIES-,USB CABLES
AQUATIC CENTER
SPONSORED SUPPLIES
AQUATIC CENTER - DEPT
OF SUPPLIES
AQUATIC CENTER -
OPERATING SUPPLIES
AQUATIC CENTEROPERATING SUPPLIES
AQUATIC CENTER -
SPONSORED SUPPLIES
AQUATIC CENTER -
SPONSORED SUPPLIES
AQUATIC CENTERSPONSORED SUPPLIES
Fund 016 -SWIM POOL FUND Total:
Vendor AMAZON CAPITAL SERVICES, INC. Total:
06/30/2025
06/30/2025
06/30/2025
06/30/2025
Fund: 016- SWIM POOL FUND
AMAZON CAPITAL SERVICE 164X-QXYQ-4PDF
AMAZON CAPITAL SERVICE 1DGT-DPNQ-CLNM
AMAZON CAPITAL SERVICE 1JM4-1TVM-6G4G
AMAZON CAPITAL SERVICE 1PN1-6GWD-DD3G
AMAZON CAPITAL SERVICE 1PN1-6GWD-DD3G
AMAZON CAPITAL SERVICE 1R6M-QLFD-ND4Q
AMAZON CAPITAL SERVICE 1Y7D-VF7W-GR6H
AMAZON CAPITAL SERVICE 1YPN-DRTD-3MXC
95.00 Vendor: BJ'S CONSUMER'S CHOICE PEST CONTROL INC.
Fund: 016-SWIM POOL FUND
BJ'S CONSUMER'S CHOICE 418598 06/30/2025 AQUATIC CENTER - PEST
CONTROL
Fund 016 - SWIM POOL FUND Total: 95.00
Vendor BJ'S CONSUMER'S CHOICE PEST CONTROL INC. Total: 95.00 Vendor: BLUETRITON BRANDS INC
Fund: 001- GENERAL FUND
BLUETRITON BRANDS INC 05F8720346421
BLUETRITON BRANDS INC 05F8720346421
BLUETRITON BRANDS INC 05F8720346421
BLUETRITON BRANDS INC 05F8720346421
06/30/2025
06/30/2025
06/30/2025
06/30/2025
DRINKING WATER ALL
DEPTS. 05/25/25-
06/24/2025
DRINKING WATER ALL
DEPTS. 05/25/25-
06/24/2025
DRINKING WATER ALL
DEPTS. 05/25/25-
06/24/2025
DRINKING WATER ALL
DEPTS. 05/25/25-
06/24/2025
Fund 001- GENERAL FUND Total:
8.00 8.00
40.01 12.00
68.01 7/3/2025 11:14:13 AM Page 2 of 9
Warrant List Payment Dates: 07/02/2025 -07/15/2025
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 009 - COMMUNITY CENTER FUND
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER ALL 12.00 DEPTS. 05/25/25-
06/24/2025
Fund 009 • COMMUNITY CENTER FUND Total: 12.00
Fund: 016 - SWIM POOL FUND
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER All 8.00 DEPTS, 05/25/25-
06/24/2025
Fund 016 - SWIM POOL FUND Total: 8.00
Fund: 019 - RECREATION FUND
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER All 12.00 DEPTS. 05/25/25-
06/24/2025
Fund 019 - RECREATION FUND Total: 12.00
Fund: 059 - STORM DRAIN
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER ALL 60.02 DEPTS. 05/25/25-
06/24/2025
Fund 059 - STORM DRAIN Total: 60.02
Fund: 060 - WATER FUND
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER All 80.02 DEPTS. 05/25/25-
06/24/2025
Fund 060 - WATER FUND Total: 80.02
Fund: 061 - SEWER FUND
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER All 80.02 DEPTS. 05/25/25-
06/24/2025
Fund 061 - SEWER FUND Total: 80.02
Fund: 062 - REFUSE
BLUETRITON BRANDS INC 05F8720346421 06/30/2025 DRINKING WATER ALL 80.04 DEPTS. 05/25/25-
06/24/2025
Fund 062 - REFUSE Total: 80.04
Vendor BLUETRITON BRANDS INC Total: 400.11
Vendor: BURTON'S FIRE INC
Fund:001-GENERALFUND
BURTON'S FIRE INC 82706 06/30/2025 FD PUMP TEST/ 5,599.34
MAINTENANCE & REPAIRS
Fund 001 - GENERAL FUND Total: 5,599.34
Vendor BURTON'S FIRE INC Total: 5,599.34
Vendor: CALIFORNIA STATE DISBURSEMENT UNIT
Fund: 099 - PAYROLL TRUST FUND
CALIFORNIA STATE DISBUR PR -7/3/25 07/15/2025 PAYROLL DEDUCTIONS 358.61 Fund 099- PAYROLL TRUST FUND Total: 358.61
Vendor CALIFORNIA STATE DISBURSEMENT UNIT Total: 358.61 Vendor: CINTAS CORPORATION #2
Fund: 060 - WATER FUND
CINTAS CORPORATION #2 5272632310 06/30/2025 PW FIRST AID KIT SERVICE 211.63 Fund 060 - WATER FUND Total: 211.63
Vendor CINTAS CORPORATION #2 Total: 211.63
7/3/2025 11:14: 13 AM Page 3 of 9
Warrant List Payment Dates: 07/02/2025 - 07/15/2025
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: COOL TREATS INC.
Fund: 016- SWIM POOL FUND
COOL TREATS INC. 10025144 06/30/2025 AQUATIC CENTER - 192.40
CONCESSIONS
Fund 016 - SWIM POOL FUND Total: 192.40
Vendor COOL TREATS INC. Total: 192.40
Vendor: DANIEL GOMES
Fund: 016 - SWIM POOL FUND
DANIEL GOMES 24-192 06/30/2025 REC POOL MOVIE NIGHT 350.00 JUNE 30TH 2025
Fund 016- SWIM POOL FUND Total: 350.00
Vendor DANIEL GOMES Total: 350.00
Vendor: DARRELL MARTIN
Fund: 060 - WATER FUND
DARRELL MARTIN 00118 06/30/2025 PW WATER LAB TESTING 320.00 Fund 060 - WATER FUND Total: 320.00
Vendor DARRELL MARTIN Total: 320.00
Vendor: FLOCK GROUP INC
Fund: 001- GENERAL FUND
FLOCK GROUP INC INV-68356 06/30/2025 PD OPERATION SUPPLIES - 9,000.00
CAMERA SYSTEM
Fund 001- GENERAL FUND Total: 9,000.00
Vendor FLOCK GROUP INC Total: 9,000.00
Vendor: GOUVEIA ENGINEERING INC
Fund: 001- GENERAL FUND
GOUVEIA ENGINEERING I 17694 06/30/2025 GUSTINE PLANNING 1,732.50 COUNTER TIME MAY 2025
GOUVEIA ENGINEERING I 17695 06/30/2025 REAP 2.0 MAY 2025 4,252.50 GOUVEIA ENGINEERING I 17714 06/30/2025 KATAKIS MAP REVIEW 213.15 MAY2025
GOUVEIA ENGINEERING I 17715 06/30/2025 UNWIRED CITY WIDE 4,495.89 IMPROVEMENTS MAY 202
GOUVEIA ENGINEERING I 17716 06/30/2025 COMCAST CITY WIDE 4,828.95 IMPROJ JB951037 MAY
2025
GOUVEIA ENGINEERING I 17717 06/30/2025 UNWIRED CITY WIDE 182.70 IMPROVEMENT MAY 2025
Fund 001- GENERAL FUND Total: 15,705.69
Fund: 063 - AIRPORT FUND
GOUVEIA ENGINEERING I 17722 06/30/2025 FAA GRANT APPLICATIONS 2,308.43 MAY 2025
Fund 063 - AIRPORT FUND Total: 2,308.43
Vendor GOUVEIA ENGINEERING INC Total: 18,014.12
Vendor: HALYCON CREEK INC. (OBA MID VALLEY IT.)
Fund: 001- GENERAL FUND
HALYCON CREEK INC. (DBA 202145690 06/30/2025 CITY COUNCIL LAPTOP 4,080.92 REPLACEMENT (5 EA)
Fund 001 • GENERAL FUND Total: 4,080.92
Vendor HALYCON CREEK INC. (OBA MID VALLEY I.T.) Total: 4,080.92 Vendor: MODESTO JANITORIAL SUPPLY CENTER INC
Fund: 001- GENERAL FUND
MODESTO JANITORIAL SU 606197 06/30/2025 JANITORIAL SUPPLIES 81.33 Fund 001 - GENERAL FUND Total: 81.33
7/3/2025 11:14:13 AM Page 4 of 9
Warrant list Payment Dates: 07/02/2025- 07/15/2025
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 016 - SWIM POOL FUND
MODESTO JANITORIAL SU 606197
Vendor: OPERATING ENGINEERS LOCAL #3
Fund: 099 - PAYROLL TRUST FUND
OPERATING ENGINEERS L PR -7/3/25
Vendor: PACIFIC STAR CHEMICAL, LLC.
Fund: 016 - SWIM POOL FUND
PACIFIC STAR CHEMICAL, L 310708
PACIFIC STAR CHEMICAL, L 313976
JANITORIAL SUPPLIES
Fund 016 - SWIM POOL FUND Total:
Vendor MODESTO JANITORIAL SUPPLY CENTER INC Total:
PAYROLL DEDUCTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor OPERATING ENGINEERS LOCAL #3 Total:
POOL CHEMICALS
POOL CHEMICALS
Fund 016- SWIM POOL FUND Total:
Vendor PACIFIC STAR CHEMICAL, LLC. Total:
81.33 81.33
162.66
354.00
354.00
354.00
13,327.26
1,510.35
14,837.61
14,837.61
06/30/2025
07/15/2025
06/30/2025
06/30/2025
Vendor: PITNEY BOWES
Fund: 001 - GENERAL FUND
PITNEY BOWES 1027679859 06/30/2025 CH OFFICE SUPPLIES INK
PAD REPLACEMENT
Fund 001 - GENERAL FUND Total: 20.65
Vendor PITNEY BOWES Total: 20.65
20.65 Vendor: POLICE OFFICERS ASSOC
Fund: 099 - PAYROLL TRUST FUND
POLICE OFFICERS ASSOC PR - 7/3/25 07/15/2025 PAYROLL DEDUCTIONS Fund 099 - PAYROLL TRUST FUND Total:
Vendor POLICE OFFICERS ASSOC Total:
540.00
540.00
540.00
Vendor: PUBLIC EMP RETIREMENT SYSTEM
Fund: 099 - PAYROLL TRUST FUND
PUBLIC EMP RETIREMENT PR - 7/3/25 EE PEPRA MIS 07/15/2025 RETIREMENT 904.54
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 7/3/25 EE CLASSIC Ml 07/15/2025 RETIREMENT 3,824.22
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 7 /3/25 EE CLASSIC SA 07/15/2025 RETIREMENT 388.16
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -7/3/25 EE PEPRA SAF 07/15/2025 RETIREMENT 2,458.91
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR-7/3/25 ER PEPRA MIS 07/15/2025 RETIREMENT 1,548.81
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -7/3/25 ER CLASSIC Ml 07/15/2025 RETIREMENT 3,883.47
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR- 7/3/25 ER CLASSIC SA 07/15/2025 RETIREMENT 1,005.93
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 7/3/25 ER PEP RA SAF 07/15/2025 RETIREMENT 2,460.71
CONTRIBUTIONS
Fund 099- PAYROLL TRUST FUND Total: 16,474.75
Vendor PUBLIC EMP RETIREMENT SYSTEM Total: 16,474.75
Vendor: STATE STREET BANK & TRUST COMPANY
Fund: 099 - PAYROLL TRUST FUND
STATE STREET BANK & TRU PR- 7/3/25
STATE STREET BANK & TRU PR- 7.3.25
7/3/2025 11:14:13 AM
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor STATE STREET BANK & TRUST COMPANY Total:
998.08
173.08
1,171.16
1,171.16
Page Soi 9
07/15/2025
07/15/2025
Warrant List Payment Dates: 07/02/2025 - 07/15/2025
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: STEPHEN ERIC COOPER
Fund: 061- SEWER FUND
STEPHEN ERIC COOPER 661 06/30/2025 PW FLOW METER ANNUAL 6,425.79
CALIBRATION
Fund 061 - SEWER FUND Total: 6,425.79
Vendor STEPHEN ERIC COOPER Total: 6,425.79
Vendor: T-MOBILE USA, INC
Fund: 001 - GENERAL FUND
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 35.93 05/21/2025-06/20/2025
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 25.82 05/21/2025-06/20/2025
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 70.44 05/21/2025-06/20/2025
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 379.25 05/21/2025-06/20/2025
Fund 001 • GENERAL FUND Total: 511.44
Fund: 009 - COMMUNITY CENTER FUND
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 3.87 05/21/2025-06/20/2025
Fund 009 • COMMUNITY CENTER FUND Total: 3.87
Fund: 016 - SWIM POOL FUND
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 88.91 05/21/2025-06/20/2025
Fund 016 - SWIM POOL FUND Total: 88.91
Fund: 019- RECREATION FUND
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 9.03 05/21/2025-06/20/2025
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 36.83 05/21/2025-06/20/2025
Fund 019- RECREATION FUND Total: 45.86
Fund: 060 - WATER FUND
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 128.85 05/21/2025-06/20/2025
Fund 060 - WATER FUND Total: 128.85
Fund: 061 - SEWER FUND
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 128.85 05/21/2025-06/20/2025
Fund 061- SEWER FUND Total: 128.85
Fund: 062 - REFUSE
T-MOBILE USA, INC 05/21/2025-06/20/2025 06/30/2025 TELEPHONE SERVICE 128.85 05/21/2025-06/20/2025
Fund 062 - REFUSE Total: 128.85
Vendor T-MOBILE USA, INC Total: 1,036.63
Vendor: U.S BANK EQUIPMENT FINANCE
Fund: 001- GENERAL FUND
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 21.99 -07/20/2025
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 21.99 -07/20/2025
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 21.99 -07/20/2025
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 109.93 -07/20/2025
7/3/2025 11:14:.13 AM Page 6 of 9
Warrant List Payment Dates: 07/02/2025 -07/15/2025
Vendor Name Payable Number Post Date Description (Item) Amount U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 21.99 -07/20/2025
Fund 001- GENERAL FUND Total: 197.89
Fund: O19 - RECREATION FUND
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 219.85 -07/20/2025
Fund 019- RECREATION FUND Total: 219.85
Fund: 059 - STORM DRAIN
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 21.99 -07/20/2025
Fund 059 - STORM DRAIN Total: 21.99
Fund: 060 - WATER FUND
U.S BANK EQUIPMENT FIN 5S8703187 06/30/2025 COPIER LEASE 06/20/2025 219.84 -07/20/2025
Fund 060 - WATER FUND Total: 219.84
Fund: 061 - SEWER FUND
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 219.8S -07/20/2025
Fund 061 - SEWER FUND Total: 219.85
Fund: 062 - REFUSE
U.S BANK EQUIPMENT FIN 558703187 06/30/2025 COPIER LEASE 06/20/2025 219.85 -07/20/2025
Fund 062 - REFUSE Total: 219.85
Vendor U.S BANK EQUIPMENT FINANCE Total: 1,099.27
Vendor: VERIZON BUSINESS
Fund: 001 - GENERAL FUND
VERIZON BUSINESS 6116791290 06/30/202S PD SIMCARDS & HOT 320.12 SPOTS 05/24/2025-06/23/
Fund 001- GENERAL FUND Total: 320.12
Vendor VERIZON BUSINESS Total: 320.12
Vendor: VESTIS GROUP, INC
Fund: 001 • GENERAL FUND
VESTIS GROUP, INC S040495048 06/30/2025 PW DEPT OPS SUPPLY 181.69 Fund 001- GENERAL FUND Total: 181.69
Vendor VESTIS GROUP, INC Total: 181.69
Vendor: VESTIS
Fund: 001- GENERAL FUND
VESTIS 5040491874 06/30/2025 FD - CUSTODIAL SUPPLIES 122.76 Fund 001- GENERAL FUND Total: 122.76
Vendor VESTIS Total: 122.76
Vendor: WALLANCE JAMES LEE BROUGHTON
Fund: 010- GAS TAX 2105 FUND
WALLANCE JAMES LEE BR 06/26/2025 06/30/2025 PW HYDRAULIC LINE 27S.77
REPAIR ON BOOM TRUCK
#154
Fund 010- GAS TAX 2105 FUND Total: 275.77
Vendor WALLANCE JAMES LEE BROUGHTON Total: 275.77
Grand Total: 84,625.18
7/3/2025 11:14:13 AM Page 7 oi 9
Warrant List Payment Dates: 07/02/2025- 07/15/2025
Report Summary
Fund Summary
Fund Payment Amount
001- GENERAL FUND 36,356.84
009 - COMMUNITY CENTER FUND 15.87
010- GAS TAX 2105 FUND 275.77
016-SWIM POOL FUND 16,380.45
019- RECREATION FUND 277.71
059-STORM DRAIN 493.75
060- WATER FUND 1,026.50
061 -SEWER FUND 8,162.60
062- REFUSE 428.74
063 -AIRPORT FUND 2,308.43
099-PAYROLL TRUST FUND 18,898.52
Grand Total: 84,625.18
Account Summary
Account Number Account Name Payment Amount
001-0000-300.010 COMCAST 4,828.95
001-0000-300.014 UNWIRED 4,928.59
001-0000-300.018 KATAKIS 213.15
001-0110-520.010-00 DEPT OPERATING SUPPL 8.00
001-0110-540.030-00 MACHINERY & EQUIPME 4,262.61
001-0120-530.011-00 TELEPHONE & INTERNET 35.93
001-0120-530.201-00 OTHER CONTRACT SERVI 21.99
001-0140-520.000-00 OFFICE SUPPLIES 20.65
001-0140-520.010-00 DEPT OPERATING SUPPL 8.00
001-0140-530.201-00 OTHER CONTRACT SERVI 21.99
001-0142-530.011-00 TELEPHONE & INTERNET 25.82
001-0142-530.201-00 OTHER CONTRACT SERVI 21.99
001-0210-520.000-00 OFFICE SUPPLIES 70.34
001-0210-520.010-00 DEPT OPERATING SUPPL 40.01
001-0210-530.011-00 TELEPHONE & INTERNET 769.81
001-0210-530.201-00 OTHER CONTRACT SERVI 109.93
001-0210-540.037-00 POLICE DEPT. REIMBURS 9,000.00
001-0220-520.010-00 DEPT OPERATING SUPPL 122.76
001-0220-520.030-00 MOTOR VEHICLE EXPEN 5,599.34
001-0230-520.010-00 DEPT OPERATING SUPPL 49.73
001-0230-520.030-00 MOTOR VEHICLE EXPEN 16.85
001-0410-530.009-00 OTHER PROFESSIONALS 1,732.50
001-0410-530.009-02 REAP 2.0-PROFESSIONA 4,252.50
001-0460-530.201-00 OTHER CONTRACT SERVI 21.99
001-0610-520.010-00 DEPT OPERATING SUPPL 12.00
001-0610-540.011-00 FACILITIES 161.41
009-0150-520.010-00 DEPT OPERATING SUPPL 12.00
009-0150-530.011-00 TELEPHONE 3.87
010-0310-500.012-00 MOTOR VEHICLE EXPEN 275.77
016-0613-520.010-00 DEPT OPERATING SUPPL 15,482.58
016-0613-520.012-00 AQUATICS CENTER SUPP 386.73
016-0613-520.013-00 CONCESSION SUPPLIES 192.40
016-0613-530.011-00 TELEPHONE 88.91
016-0613-540.038-00 TECHNOLOGY PURCH/R 134.83
016-0613-540.039-00 MAINTENANCE CONTRA 95.00
019-0150-530.011-00 TELEPHONE 9.03
019-0613-520.010-00 DEPT OPERATING SUPPL 12.00
019-0613-530.011-00 TELEPHONE 36.83
019-0613-530.201-00 OTHER CONTRACT SERVI 219.85
059-0730-520.010-00 DEPT OPERATING SUPPL 471.76
059-0730-530.201-00 OTHER CONTRACT SERVI 21.99
060-0140-530.030-00 ADVERTISING 33.08
7/3/2025 11:14:13 AM Page 8 5f 9
Warrant List
Account Number
060-0460-530.030-00
060-0710-520.010-00
060-0710-530.009-00
060-0710-530.011-00
060-0710-530.201-00
061-0410-530.030-00
061-0520-520.010-00
061-0520-530.011-00
061-0520-530.072-00
061-0520-530.201-00
061-0520-540.020-00
062-0510-520.000-00
062-0510-530.011-00
062-0510-530.201-00
063-0340-700.000-00
099-0000-220.050
099-0000-220.071
099-0000-220.081
099-0000-220.092
099-0000-220.097
Project Account Key
Monet
Account Summary
Account Name
ADVERTISING
DEPT OPERATING SUPPL
OTHER PROFESSIONAL 5
TELEPHONE .
OTHER CONTRACT SERVI
ADVERTISING
DEPT OPERATING SUPPL
TELEPHONE
OTHER EQUIPMENT REP
OTHER CONTRACT SERVI
OTHER IMPROVEMENTS
OFFICE SUPPLIES
TELEPHONE & INTERNET
OTHER CONTRACT SERVI
CAPITAL IMPROVEMENT
PERS PAYABLE
POA DEDUCT PAYABLE
UNION DUES PAYABLE
CAL PERS 457 DEF COMP
CALIFORNIA STATE DISB
Grand Total:
Project Account Summary
Grand Total:
Payment Dates: 07/02/2025 - 07/15/2025
Payment Amount
33.08 291.65
320.00
128.85
219.84
33.09 80.02
128.85
6,425.79
219.85
1,275.00
80.04 128.85
219.85
2,308.43
16,474.75
540.00
354.00
1,171.16
358.61
84,625.18
Payment Amount
84,625.18
84,625.18
7/3/2025 11:14:13 AM Page 9 of 9
ITEM NO. 2
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Jenny Morrison, Finance Director
SUBJECT: Direct Staff to Send Out Warrant Checks Prior to August 19, 2025 Meeting
STRATEGIC PLAN GOALS: 6. Community Services
BACKGROUND/DISCUSSION
Per City Council approval, the August 5th Regular Council meeting has been cancelled to allow for a summer recess period. The next regularly schedule Council meeting will be held on August 19, 2025. During the recess, the City will still have bills that must be paid in order for the continuance of business.
To that effect, staff requests Council's direction to send out payments for bills in advance of the August 19, 2025 Council meeting. Staff will mail out the checks ahead of the meeting with any warrant issued from July 15 through August 19 to be listed on the warrant list published in the August 19 agenda packet to be ratified by Council as normal.
COMMUNITY OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact to this action.
STRATEGIC PLAN GOALS
This item is in line with Strategic Goal No. 6 Objective No. 1. To ensure access to services during the recess period.
RECOMMENDATION
Direct staff to send out payments in advance of the August 19th meeting and include those payments on the Warrant List for that same meeting.
EXHIBIT(S)
None
APPROVED 4f
Soknirorn Than, City Manager
ITEM NO. 3
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Ruben Chavez, Chief of Police
City Attorney, Best Best & Krieger
SUBJECT: Council to Adopt and Waive the Second Reading of an Ordinance Adding Section 7-3-13 to Chapter 3 of Title 7 of the Gustine Municipal Code to Prohibit the Feeding of Wildlife.
STRATEGIC PLAN GOAL: Not applicable
BACKGROUND/DISCUSSION
At the City Council meeting on May 6, 2025, City Council directed staff to prepare an ordinance prohibiting the feeding of wildlife. Council approved the First Reading at the June 17, 2025 Council meeting with no changes. The proposed ordinance adds Section 7-3-13 to the Municipal Code, prohibiting the feeding of wildlife except in specific circumstances described therein.
COMMUNITY OUTREACH
The City has provided information to our residents in the City Snippets newsletter as to the negative impact of feeding the ducks at Harry Schmidt Park. Moreover, it is a violation of federal law which has been included in the articles. Recreation has additionally provided information on their Facebook articulating similar messages.
FISCAL IMPACT
None.
STRATEGIC PLAN GOALS
This ordinance does not directly correlate to the six goals identified on the City's Strategic Plan. However, adopting this ordinance will enhance the community's enjoyment of the City's Parks as the duck/wildlife population will be balance with the resources available to them. Overpopulation has caused numerous health and odor issues at the park.
RECOMMENDATION
Recommend City Council waive the second reading and adopt an Ordinance Adding Section 7-3-13 to Chapter 3 of Title 7 of the Gustine Municipal Code Prohibiting the Feeding of Wildlife."
EXHIBIT(S)
A) Ordinance
-I J APPROVED BY:_
Soknirorn Than, City Manager
ORDINANCE 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADDING SECTION 7-3-13 TO CHAPTER 3 OF TITLE 7 OF THE GUSTINE MUNICIPAL CODE REGARDING
THE FEEDING OF WILDLIFE
WHEREAS, the City of Gustine ("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City currently regulates animals pursuant to Chapter 3 of Title 7 of the Gustine Municipal Code; and
WHEREAS, the City wishes to expressly prohibit the feeding of wildlife as provided below.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Gustine:
Section 1. Recitals. The recitals above are true and correct and are incorporated into this Ordinance by this reference.
Section 2. Addition. Section 7-3-13 is hereby added to Chapter 3 of Title 7 of the Gustine Municipal Code to read as follows:
Sec. 7-3-13. Feeding of wildlife prohibited.
(a) No person shall feed or in any manner intentionally provide food as sustenance or to encourage domesticity in a non-domesticated animal with the exception of a bird feeder in the yard. A person may feed or provide food to wildlife only under the following circumstances:
( 1) When the wildlife is maintained, treated or fed
pursuant to a valid certificate or permit issued by the State of California or an agency of the U.S.
Government.
(2) When the wildlife is maintained, treated or fed
between the time Animal Control or the Humane
Society is notified and the time the wildlife is picked up by an agency.
(b) Violation of this ordinance shall be enforced pursuant to the Administrative Code Enforcement process set forth in Title 2, Chapter 7. Fines for violation shall be those applicable to infractions as defined in Section 2-7-20.
Section 3. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of the California Environmental Quality Act ("CEQA") because adoption of the Ordinance is not a "project" within the meaning of Section l 5378(b) (5) of the State CEQA Guidelines (organization or administrative activities of governments not a project).
Section 4. Severability. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Gustine, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
Section 6. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Gustine after its introductions and waiver of the first reading at a regularly scheduled meeting on June 17, 2025, and adopted this 15 day of July, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, City Clerk
City of Gustine
ITEM NO. 4
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Ruben Chavez, Chief of Police
Tiffany Vitorino, Recreation Manager
SUBJECT: Annual Our Lady of Miracles (OLM) Celebration Event STRATEGIC PLAN GOALS: 6. Community Services
BACKGROUND
Staff has received a request from the Our Lady of Miracles Society to hold their annual celebration event. The Our Lady of Miracles Celebration in Gustine is an annual event that features parades, auctions, prayer ceremonies, and entertainment, including dancing and singing. This event, deeply rooted in Portuguese traditions from the Azorean Island of Terceira, honors Queen Saint Isabella of Portugal and has been a part of Gustine's community since its inception in 1936.
ANALYSIS/DISCUSSION
Given that the request involves the use of City streets, parks, facilities, and services, City Council authorization is required to proceed with the necessary arrangements.
For the duration of the event, streets around the GPS Hall, 500 3 Avenue, will be closed with barricades and restricted parking relating to the parades and activities surrounding the event (Exhibit C). This year's event will generally follow previous years events, prior to the roundabout detour that was in place last year. The Society is asking to use City streets to conduct their various processions, and the use of SR-33/140 is subject to approval of Cal-Trans.
Staff will ensure that all the proper permits are secured; Police and Public Works personnel will be assigned as needed.
Staff has held a collaborative meeting with OLM Society leadership to ensure City facilities will be returned to a condition that allows other groups and residents to immediately utilize and enjoy them with minimal impact on City resources. If approved, the following streets will be utilized during the 2025 Annual OLM Society event:
Saturday, September 13, 2025
10.30 AM Bodo De Leite (Cowl procession route will be as follows: (Green Lines on Exhibit B)
This year, the parade route will return to the normal route, prior to the roundabout detour, as follows:
• Starting at Our Lady of Miracles Church headed south on Linden A venue turning east on SR-33.
• Turn left and continue north on 5 Street.
• Head westbound on Third Avenue and concluding at the GPS Hall at 500 Third Avenue.
Second Ave is requested to be used for parking and to accommodate the event auction at the conclusion of this parade, as shown in Exhibit C. 8:00 PM Candlelight procession route will be as follows: (Yellow Lines on Exhibit B) This parade will utilize the same route as Saturday morning parade. • Starting at Our Lady of Miracles Church headed south on Linden A venue turning east on SR-33.
• Turn left and continue north on 5 Street.
• Head westbound on Third Avenue and concluding at the GPS Hall at 500 Third Avenue.
Sunday, September 14, 2025
9:00 AM Procession route will be as follows: (Yellow Lines on Exhibit B) • Beginning on 6th Street, adjacent to west side of the GPS Hall. • Proceed to westbound Third Avenue, and transitioning to westbound Lucerne Avenue.
• Turning southbound on Linden Avenue and concluding at Our Lady of Miracles Church.
12:00 PM Queen parade route will be as follows: (Green Lines on Exhibit B) This parade will utilize the same route as Saturday's morning and evening parades. • Starting at Our Lady of Miracles Church headed south on Linden A venue turning east on SR-33.
• Turn left and continue north on 5 Street.
• Head westbound on Third Avenue and concluding at the GPS Hall at 500 Third Avenue.
12:00AM (Midnight) parade route will be as follows: (Yellow Lines on Exhibit BJ • Beginning on 6th Street, adjacent to west side of the GPS Hall. • Proceed to westbound Third Avenue, and transitioning to westbound Lucerne Avenue.
• Turning southbound on Linden Avenue and concluding at Our Lady of Miracles Church.
Additional Street Closures (Exhibit C)
Street closures around the GPS Hall, beginning on September 11, 2025 at 5:00 PM through September 14, 2025 at 3:00 AM. The street will remain closed throughout the event, while allowing residents affected by the closure to maintain access to their
driveways.
In addition, 2n Avenue between West and 6t Street will be barricaded off with 25 designated parking slots for OLM Society leadership to offer Disabled Parking. In addition, 2n Street between 5i Street and 6t Street will be reserved for buses to park as there are several large buses expected to arrive for the event.
OLM Society is requesting to set up lighting, stages, and vendor food booths in and around Henry Miller Park, beginning on September 4, 2025 utilizing the park through September 8, 2025. OLM Society will be invoiced appropriate facility rental and permit fees using the current fee schedule.
According to the Gustine Municipal Code Section 5-6-3, mobile kitchen type vendors are only allowed in manufacturing districts, except otherwise by special permission of the City Council during festivals, parades and other public events. OLM is seeking Councils permission to have two food vendors in Henry Miller Park during the festivities.
The Recreation Manager will work with the organizers to ensure that the vendors have the appropriate City business license and that all Merced County health permits are obtained.
COMMUNITY OUTREACH
The City will ensure the public is notified of any impact the event will have on the community. This will include roadway signage (message board), social media, and media press releases.
FISCAL IMPACT
The cost relating to this year's event is based on the past events and are estimated. The overtime rate for full time police employees and public works employees is calculated using the most recent fee schedule. The estimated overtime breakdown is:
$1,500.00
$8,400.00
The total estimate for Police overtime is --------S$9,900.00 OVERTIME FOR PUBLIC WORKS PERSONNEL:
Overtime for Public Works is estimated at 46 hours @ $55.00/hour ----$2,530.00 Total estimated labor cost, City of Gustine employees-----------------------S 12,430.00 Additional costs will be tallied and forwarded for payment to OLM Society by the City's Finance Department. In addition to the aforementioned costs, the OLM Society Committee agrees to incur, as they have in the past, all expenses associated with, but not limited to:
1 . Barricade rental
2. Perishable supplies related to posting "NO PARKING" signs
3. Special requests to Public Works, such as banner hanging and emergency callouts
OVERTIME FOR POLICE DEPARTMENT PERSONNEL:
Overtime for Sergeants 15 hours @ $100.00 =
Overtime for Officers 120 hours @ $70.00 =
4. Park and facilities rental fees
5. Alcohol/Dance permit fees
STRATEGIC PLAN GOALS
Supporting this event is in line with Strategic Plan Goal No. 6 Objective No. 5: Actively engage with the community. This annual event has such rich history in Gustine and is an event the entire community looks forward to experiencing each year. The City supports this cultural event and provides this service to promote community unity and pride.
RECOMMENDATION
Staff recommends that Council approve OLM Society's request for the use of City streets as outlined, the utilization of City personnel and for allowing two food vendors to participate in the event.
EXHIBIT(S)
A) Letter of request from OLM Society
B) Map of parade routes and street closures.
C) Map of additional street closures requested
APPROVED BY: < L)'
Soknirorn Than, City Manager
OUR LADY OF MIRACLES CELEBRATION SOCIETY
POST OFFICE BOX 433 GUSTINE. CALIFORNIA 95322
June 10. 2025
Gustine City Manager
City Hall Gustine, CA 95322
Dear Members of the Gustine City Council,
I hope this letter finds you well. I am writing on behalf of Our Lady of Miracles Celebration Society to formally request permission to hold our annual celebration event from Thursday, September 11 to Sunday, September 14, 2025.
Our Lady or Miracles Celebration Society has been an integral part of our community for the past 88 years. Our annual celebration is a cornerstone event that fosters community, devotion, spirit, celebrates local culture, and promotes civic engagement among residents and visitors alike. We anticipate that this year's celebration will continue on with this tradition.
To ensure a successful and safe event, we have meticulously planned for logistical considerations, including traffic management, waste disposal, and security measures. We are committed to working closely with local authorities and stakeholders to mitigate any potential disruptions and to uphold the highest standards of safety and cleanliness throughout the duration of the event.
This year, the events will be held on Thursday, September 11, Friday, September 12, Saturday, September 13, and Sunday September 14, 2025. The events will be as followed for our entertainment that will begin on September 5 through September 14, 2025. Please prepare for the events for our festa that will include the bar/bbq area, the gazebo, library, and the entire Henry Miller Park.
Please contact me if you have any further questions, concerns or need more information:
Secretary; MICHAEL ALVES 209-777-6453.
Thank you for considering our request to host our annual celebration. We are enthusiastic about the opportunity to contribute positively to our community and look forward to receiving your approval.
Sincerely,
Michael Alves
Our Lady of Miracles Celebration Society
Exhibit B: Parade Route/Map
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ITEM NO. 5
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Annual Resolution Authorizing Regional Surface Transportation Program Claim for FY24/25
BACKGROUND/DISCUSSION
MCAG has received the FY 24/25 Regional Surface Transportation Program (RSTP) Exchange Program Standard Agreement contract from Caltrans. It is important to note that the Caltrans contract is based on an estimated RSTP apportionment figure that Caltrans has received from the Federal Highway Administration (FHWA). If the final yearend RSTP figure is determined to be higher or lower than the RSTP estimate for any number of reasons, the distribution amounts can be modified (in the current contract year or future year apportionments).
On May 22, 2025, MCAG's Governing Board adopted the FY 24/25 RSTP Exchange Program Apportionment Schedule and authorized the release of RSTP Exchange Claim Forms to the member agencies.
Member agencies are required to do two things to claim the RSTP funds:
l ) Submit a signed RSTP Exchange Program Claim Form; and 2) Submit a City Council-approved RSTP Exchange Program Resolution.
The FY 24/25 RSTP Exchange Program amount available for the City of Gustine to claim is $86,517.00.
COMMUNITY OUTREACH
Not applicable
FISCAL IMPACT
These funds will be used to help pay the match for the construction of the FY 26 Citywide Pavement Resurfacing Project ($86,517.00). It is worth noting that the Revenue of $85,000 has been budgeted in the FY 25budget; however, the expenditure has not been budgeted as these RSTP estimate came out after our budget workshop. For this reason, staff recommends the City Council to appropriate an expenditure of $86,517 in the RSTP Fund 021 for the construction of FY 26 Citywide Pavement Resurfacing Project.
STRATEGIC PLAN GOALS
Not applicable
RECOMMENDATION
Council approve the attached resolution authorizing filing for the RSTP claim and
appropriate an expenditure of $86,517.00 in the RSTP Fund 021 for the construction of FY 26 Citywide Pavement Resurfacing Project.
EXHIBIT(S)
A) Resolution
B) RSTP Claim Form
RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY
MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2024-2025
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS, Caltrans Division of Programming releases a 5-year estimate of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs);
WHEREAS, MCAG is the designated MPO for Merced County;
WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions);
WHEREAS, a final RSTP Exchange apportionment amount is published at the end of the FY 24/25 and can be different from the estimate RSTP Exchange apportionment figure;
WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2024) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions;
WHEREAS, the City of Gustine has an estimate RSTP Exchange Program fund apportionment amount available to claim in FY 24/25 for $86,517.00; WHEREAS, payment of the estimate RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements:
Projects to be funded with this claim are only those projects that are defined under Sections l 33(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section l 82.6(d) [ 1) of the Streets and Highways Code.
WHEREAS, if the final RSTP Exchange apportionment figure is higher for FY 24/25 than the estimate RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution;
WHEREAS, if the final RSTP Exchange apportionment figure is lower for FY 24/25 than the estimate RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same populationbased formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY 24/25 final RSTP Exchange Program fund amount to member agencies;
WHEREAS, the City of Gustine has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds (Fund 021); and WHEREAS, it is deemed in the best interest of the City of Gustine that the City Manager is authorized to sign the FY 24/25 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing; and WHEREAS, the expenditure for this amount is not yet budgeted in the FY 25-26.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. The City Manager of Gustine is authorized and directed to sign and file the above described FY 24/25 RSTP Exchange Program fund claim on behalf of the City of Gustine in the amount of $86,517.00.
Section 2. Appropriate an expenditure of $86,517.00 in the RSTP Fund 021 for the construction FY 26 Citywide Pavement Resurfacing Project.
THE FOREGOING RESOLUTION of the City Council for the City of Gustine was passed by the City Council at a regular meeting held on the 15 day of July, 2025, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
WERCED COUNTY
1ASS0C1AT/0I OF
G0NE8WETS
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 18! Street
Merced. Ca. 93540
Claim to the Merced County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2024/2025
Claimant:
FY 24/25 Claim Amount:
City of Gustine
$86,517.00
Claim Guidelines:
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.
Claim Instructions:
1. List (print or type) each INDIVIDUAL project to be funded with this claim.
2. List the amount of funds to be used for each project.
3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. ([X)
4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. ((88)
Project Cost of Air Exempt
Project Quality
I
1. FY26 Citywide Street Improvements Project $86,517.00 □ X
2. □ □
3. $ □ □
4. $ □ □
Partnering for Regional Solutions
It is understood by this claimant (City of Gustine) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.
The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.
If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.
Authorized Representative:
Signature
Print Name
Title
Date
Signature of Chief Financial Officer
Print Name
ITEM NO. 6
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Jami Westervelt, Economic and Community Development Director Kelsey George, Consulting Planner
SUBJECT: Adoption of an Ordinance Approving ZOA 2025-01, Amending Chapter 4-44, Section 4-44-140 of the City of Gustine Zoning and Subdivision Code Regarding Accessory Dwelling Units to Comply with Recent Changes to State Law, and Finding the Action to Be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code
STRATEGIC PLAN GOAL: 2. Community-Based Development
BACKGROUND
In recent years, the State of California has enacted multiple bills modifying state ADU regulations, reducing local regulatory authority and streamlining the approval process for applicants. Streamlining reduced the allowable timeframes for jurisdictions to review these projects. In 2024, SB 1211 and AB 2553 introduced further changes to ADU law, necessitating updates to the City of Gustine's existing ordinance to ensure compliance:
• $B 1211: Modifications to height limits for ADUs near transit corridors, new provisions for nonconforming AD Us, and further streamlining of ministerial review. • AB 2533: Expanded limitations on owner-occupancy requirements, additional allowances for unpermitted AD Us constructed before 2020, and further constraints on parking requirements.
At its regular meeting on June 17, 2025, the City Council received the staff report related to ZOA 2025-01 and introduced and waived the first reading of an ordinance regarding Accessory Dwelling Units (ADUs) to comply with recent changes to state law.
ANALYSIS/DISCUSSION
At the June l7 meeting, Council directed staff to include two additional provisions into the Ordinance:
1. Proposed Section 4-44-l 40(F)(7)(e) -- Architectural requirements: Increase the minimum interior wall height to eight feet.
2. Proposed Section 4-44-140 (E) (6)(b) - Add a provision requiring all ADUs have new and separate utility connections, unless exempted from State law.
In Gustine, the default residential City services are water, sewer and garbage. While Council inquired regarding garbage at the meeting, it was not specifically included in the motion. The attached draft Ordinance includes requirement for ADU units to have separate water, sewer and garbage services from the primary dwellings. Staff seeks
Council confirmation on garbage service portion prior to adoption at the meeting.
The proposed ordinance as amended is attached as Exhibit A Ordinance for approval and the full text is Attachment l to the Exhibit. The attached redline (Exhibit B) highlights only the above additions from the June 17t meeting. This proposed Ordinance update ensures compliance with all current ADU regulations while incorporating areas of local discretion permitted by state law and confirmed by Council at the first reading.
ENVIRONMENTAL REVIEW
Under California Public Resources Code Section 21080. 17, CEQA does not apply to the adoption of an ordinance by a city or county implementing state ADU regulations.
Therefore, the proposed amendment is statutorily exempt from CEQA.
COMMUNITY OUTREACH
A public hearing notice was published l 0-days prior to the ADU Ordinance being heard before the Planning Commission, which was open to the public. Another public hearing notice was published following the first reading by Council, but prior to the second reading, per standard City public hearing procedures for items with multiple readings.
FISCAL IMPACT
There are no direct fiscal impacts associated with this item.
STRATEGIC PLAN GOALS
Adoption of the ADU Ordinance represents the City commitment to ensure development of housing inventory in the City of Gustine stay consistent with local laws and state mandates. It also assures compliance with the City's Housing Element Action Plan, which requires the City update and revise its existing ADU Ordinance. This effort helps achieve Strategic Goal #2 -- Community Based Development - by implementing objectives # l and #2 to improve aesthetic appeal and enhance the sense of community.
RECOMMENDATION
Staff recommends the City Council consider waiving the second reading and adopting Ordinance 2025-XXX, approving ZOA 2025-01, which amends Chapter 4-44, Section 4-44- 140 of the City of Gustine Zoning and Subdivision code regarding Accessory Dwelling Units to comply with recent changes to state law, and finds the action to be statutorily exempt from CEQA under Section 21080.17 of the Public Resources Code.
EXHIBIT(S)
A) Ordinance 2025-XXX
a. Attachment l ADU Ordinance full text (clean)
B) Proposed ADU Ordinance -Redline reflecting additions from the June 17, 2025 Council Meeting
APPROVED BY:
.A- j
_
Soknirorn Than, City Manager
ORDINANCE 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE WAIVING THE SECOND HEARING AND ADOPTING ZONING ORDINANCE AMENDMENT (ZOA) 2025-01, WHICH AMENDS CHAPTER 4-44, SECTION 4-44-140 OF THE CITY OF GUSTINE ZONING AND
SUBDIVISION CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDS THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE§ 21080.17
WHEREAS, Chapter 6 of Title 4 of the City of Gustine Municipal Code ("Municipal Code") governs Land Development generally and Zoning specifically; and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211 "), which further amend State ADU law; and
WHEREAS, the City desires to amend its local regulations for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211 's changes to state law as well as update the ordinance to comply with all recent ADU Law; and WHEREAS, pursuant to California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADU, as defined by section 66313; and
WHEREAS, the City Council has the authority to review recommendations of the Planning Commission and take actions concerning Zoning Ordinance Amendments generally and ZOA 2025-01 specifically; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 26, 2025 in which the Commission approved a Resolution recommending the City Council approve this Zoning Ordinance Amendment (ZOA) 2025-01; and WHEREAS, in accordance with the GMC Section 4-78-020, the City Clerk will cause the legal advertisement to be published as is required by law ten (10) days prior to the City Council hearing approval; and
WHEREAS, in accordance with the GMC Chapter 4-78, the City Council held a public hearing at which the Council received a staff report and related information, and considered public testimony regarding the zoning code amendment; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Gustine:
Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The second reading of the Ordinance is hereby waived and the changes to Chapter 4-44, Section 4-44-140 of the City of Gustine Zoning and Subdivision Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units shall be revised to reflect the changes as shown in Attachment '1'.
Section 3. CEQA Findings. Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing state ADU regulations. Therefore, the proposed amendment is statutorily exempt from CEQA.
Section 4. Severabilify. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Gustine, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
Section 6. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Gustine after its introductions and waiver of the first reading at a regularly scheduled meeting on June 17, 2025, and adopted this 15 day of July, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, City Clerk
City of Gustine
Sec. 4-44-140. Accessory Dwelling Units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code§§ 65852.2 and 65852.22.
8. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection C. below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code§ 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code $ 17958.1; and b. A manufactured home, as defined by California Health and Safety Code§ 18007.
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Efficiency kitchen" means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters and storage cabinets that total at least 15 square feet in area.
5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
i. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
d. It includes an efficiency kitchen, as defined in subsection (C)(4) above.
Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)
6. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection (El below, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of the Government Code sections 66333 through 66339.
b. Limited detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the appliable height limit in subsection (e)(2) below.
Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)
c. Converted on multifamily lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, and up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited detached on multifamily lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
iii. If the lot has an existing multifamily dwelling, the quantity of detached AD Us does not exceed the number of primary dwelling units on the lot. iv. The total floor area is 800 square feet or smaller.
2. ADU permit.
a. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the City Manager and approved by the City Council by resolution.
3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application withing 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.
Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)
Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(b) above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.
e. For purposes of this subsection (E)(2)(e), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3. Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. No separate conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)
(Supp. No. 6)
separately from the lot and the primary dwelling {in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Utilities.
a. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. b. All ADUs not created pursuant to Government Code section 66323, subdivision (a)(1), shall require a new and separate connection from the utility to the ADU for both water and sewer services.
7. Owner occupancy.
a. All ADUs created before January 1, 2020 are not subject to the owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (e)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Economic and Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Economic and Community Director, providing evidence that the ADU or JADU has in fact been eliminated. The Economic and Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Economic and Community Development Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Economic and Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law Created: 2024-07-25 12:05:10 [EST]
or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Building & Safety.
a, Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above.
1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (F)(1)(a) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection F., such as lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or openspace requirements may require the ADU to be less than 800 square feet.
2. Setbacks.
a. ADUs that are subject to this subsection (F) must conform to 4-foot side and rear setbacks.
ADUs that are subject to this subsection (F) must conform to the front setbacks identified for the base or underlying zone district, subject to subsection (F)(1)(c) above. b. No setback is required for an ADU that is subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Lot coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed the maximum percentage identified for the base or underlying district, subject to subsection F(1)(c) above.
4. Minimum open space. No ADU subject to this subsection F. may cause the total percentage of open space of the lot to fall below the requirements of the base or underlying zone district, subject to subsection F(1)(c) above.
5. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above. b. Exceptions. No parking under subsection (F)(7)(a) is required in the following situations:
Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (v) above.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of eight feet. f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
8. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
G. Fees.
1. Impact fees.
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a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Gov.
Code 5 66000(b)) and a fee under the Quimby Act (Gov. Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
2. Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (g)(2)(A), converted AD Us on a single-family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(A), all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Un permitted ADUs and JADUs constructed before 2020. a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 4-44-140 of this title).
b. Exceptions:
i. Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
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{Supp. No. 6)
ii. Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. (Ord. No. 479, 5 10, 3-6-18; 0rd. No. 502, S 3(Exh. A), 2-4-20; Ord. No. 504, S 3(Exh. A), 3-17-20) Editor's note(s)-Ord. No. 479, 5 10, adopted Mar. 6, 2018, repealed the former§ 4-44-140, and enacted anew5 4-44-140 as set out herein. The former pertained to second units and carriage houses and derived from the 2008 Zoning and Subdivision Code.
{
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(Supp. No. 6)
Sec. 4-44-140. Accessory Dwelling Units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (AD Us) and junior accessory dwelling units (JADUs) in compliance with California Government Code §§ 65852.2 and 65852.22.
B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection C. below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code $ 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code§ 17958.1; and b. A manufactured home, as defined by California Health and Safety Code§ 18007.
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Efficiency kitchen" means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters and storage cabinets that total at least 15 square feet in area.
5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
i. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
d. It includes an efficiency kitchen, as defined in subsection (C)(4) above.
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6. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of the Government Code sections 66333 through 66339.
b. Limited detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the appliable height limit in subsection (e)(2) below.
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(Supp. No. 6)
c. Converted on multifamily lot: One or more AD Us within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, and up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited detached on multifamily lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. iv. The total floor area is 800 square feet or smaller.
2. ADU permit.
a. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the City Manager and approved by the City Council by resolution.
3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application withing 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.
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(Supp. No. 6)
Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(b) above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. General ADU and JADU requirements. The following requirements apply to all AD Us and JADUs that are approved under subsections {D)(l) or (D)(2) above:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
b. An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 66333{a), a JADU may only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and {E)(2){c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height {for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.
e. For purposes of this subsection (E)(2)(e), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3. Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. No separate conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling {in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
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(Supp. No. 6)
6. Septic systemUtilities and Solid Waste.
a.If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. b. All AD Us not created pursuant to Government Code section 66323, subdivision (a)(1), shall require a new and separate connection from the utility to the ADU for both water and sewer services.
a.c. Al!ADUs shall require separate solid waste service,
6.7. Owner occupancy.
a. All ADUs created before January 1, 2020 are not subject to the owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (e)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
7.8.Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Economic and Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Economic and Community Director, providing evidence that the ADU or JADU has in fact been eliminated. The Economic and Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Economic and Community Development Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Economic and Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
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(Supp. No. 6)
8.9. Building & Safety.
a. Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above.
1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (F)(1)(a) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection F., such as lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or openspace requirements may require the ADU to be less than 800 square feet.
2. Setbacks.
a. ADUs that are subject to this subsection (F) must conform to 4-foot side and rear setbacks.
ADUs that are subject to this subsection (F) must conform to the front setbacks identified for the base or underlying zone district, subject to subsection (F)(1)(c) above. b. No setback is required for an ADU that is subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Lot coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed the maximum percentage identified for the base or underlying district, subject to subsection F(1)(c) above.
4. Minimum open space. No ADU subject to this subsection F. may cause the total percentage of open space of the lot to fall below the requirements of the base or underlying zone district, subject to subsection F(1)(c) above.
5. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above. b. Exceptions. No parking under subsection (F)(7)(a) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) above.
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(Supp. No. 6)
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (v) above.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of eightseven feet. f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
8. Historical protections. The following requirements apply to AD Us on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
G. Fees.
1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Gov.
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(Supp. No. 6)
Code§ 66000{b)) and a fee under the Quimby Act (Gov. Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
2. Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (g)(2)(A), converted AD Us on a single-family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(A), all AD Us that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 4-44-140 of this title).
b. Exceptions:
i. Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
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(Supp. No. 6)
ii. Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. (Ord. No. 479, § 10, 3-6-18; Ord. No. 502, § 3(Exh. A), 2-4-20; Ord. No. 504, § 3(Exh. A), 3-17-20) Editor's note(s)--Ord. No. 479, § 10, adopted Mar. 6, 2018, repealed the former§ 4-44-140, and enacted a new§ 4-44-140 as set out herein. The former pertained to second units and carriage houses and derived from the 2008 Zoning and Subdivision Code.
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(Supp. No. 6)
ITEM NO. 7
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Jami Westervelt, Economic & Community Development Director Danny Reed, Gouveia Engineering
SUBJECT: Review Scope Revisions to Pioneer Park California State Parks Grant and Provide Direction on Priorities for Future Steps
STRATEGIC PLAN GOALS: 2. Community-Based Development
BACKGROUND
At the May 20, 2025 Council meeting, a public hearing took place to discuss potential cost-cutting measures for the Pioneer Park Renovation. Discussion focused on options related to keeping the project budget to the $1 .3M awarded to the City under the competitive Proposition 68 Statewide Park Program (SPP). The City must have the park fully complete and open by March 2028.
Following public comment, the Council provided additional direction to staff in regard to the scope change that the City needs to submit to State Parks for approval in order to remove features. The Council provided direction as follows:
1. The Splash pad should be the first feature considered for elimination.
2. A restroom should not be added to the Pioneer Park scope or site.
3. A reduction in the amount and/or the type of fencing could be considered.
4. Playground equipment could be further reduced if needed to remain in budget.
The following were also mentioned as potential cost saving options although there is yet a consensus on these items:
• Reduce basketball court to only half-court
• Remove one of the picnic areas
• Remove the free-play feature
ANALYSIS/DISCUSSION
The attached diagram with integrated budget reflects work by staff and the City Engineer to reduce costs. The revisions reflect changes for all of the items Council provided clear consensus on at the May 20i meeting. The revised Engineers Estimate, Exhibit A, anticipates these changes may bring costs to $24,805 below the total grant amount.
The engineer did run the scenario to replace the full basketball court with a half court.
The savings was estimated at $25,000. However, this reduction is not needed at this time. Thus, the exhibit reflects the cost for the full court.
The attached estimates represent the best cost estimate the Engineer can make at this
point in time, especially given cost volatility over recent months. The true confirmation of costs can only come when the City receives official responses to its bid packet.
If bids are equivalent to or below the Engineer's Estimate, the City could look at adding back elements removed as long as those were a part of the original grant scope.
Follow up paperwork would be needed but it is anticipated the State would allow that.
If Council approves of the revised scope, it needs to approve the attached Resolution.
It provides authority for staff to submit all the required forms to California State Parks for its approval of the scope change and to release the bid packet for the competitive bid process. Award of the bid will come before the Council at a future meeting.
COMMUNITY OUTREACH
The City took many steps to notify the public of the May 2O public hearing and encourage participation, including: placing an advertisement in the paper of record, mailing notice directly to every individual that signed up to find out about the project, emailing notices to the same individuals, posting the notice on the City website, posting the notice on City social media and posting the notice on the City marquee.
FISCAL IMPACT
This grant does not contain any match requirements.
STRATEGIC PLAN GOALS
Parks are essential to community well-being. Complete renovation of Pioneer Park will significantly increase the aesthetic of the neighborhood. Improving the park will provide a place for children to play and families to gather outdoors. Certain included features have the potential to bring different people in the community to this Park to play together. This gathering helps to foster and reinforce a sense of community as highlighted in the Strategic Plan goal #2, Objective #2.
RECOMMENDATION
Staff recommends the Council approve the attached Resolution, authorizing staff to submit all necessary documents to California State Parks for a Scope Revision to the grant and, as approved, to move forward with release of a bid packet for the project.
EXHIBIT(S)
A) Preliminary Site Layout Pioneer Park, reflecting reduced grant scope.
B) Resolution 2025-XXXX
APPROVED BY:
Soknirorn Than, City Manager
14 23 14 23 G 0 10 20
SCALE IN FEET Preliminary Site Layout N
July, 2025
PRELIMINARY SITE LAYOUT
PIONEER PARK
City of Gustine, California
Free Play Area
$ 51,614
Playground Area
$ 193,325
Picnic Area
$ 55,000
Picnic Area
$ 55,000
Plaza/Rest Area
$ 52,750
Basketball Court
$ 101,600
Site Landscaping and Irrigation
$ 115,250
Site Concrete
$ 35,136
Site Fencing
$ 81,990
$
91,665.50
$ 11
8,000.00
$ 13
7,499.50
$
20,000.00
$
347,165.00
Costs:
$ 15
5,000.00
$
35,136.00
$ 193,
325.00
$ 10
1,600.00
$
52,750.00
$
0.00 $
55,000.00
$
55,000.00
$
0.00 $
20,000.00
$
81,990.00
$
51,250.00
$ 11
5,250.00
$
916,665.00
$ 1,
283,831.00
$ 1,
308,636.00
Subtotal:
Subtotal:
* ALL AMOUNTS SHOWN ARE ESTIMATED
Construction Item
Proie, ct Soft Costs and
Contingencies
Summary
of Estimated
Project
Costs
Construction
Contingency:
Pre-Construction Tasks:
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Engineering
Tasks:
Soils
Compaction
Testing
Tasks:
Site
Preparation:
Site Concrete:
Playground
Area:
Basketball Full Court:
Plaza/Rest
Area:
Splash
Pad:
Picnic Area 1:
Picnic Area 2:
Restroom:
Site Amenities:
Site
Fencing:
Free
Play
Area:
Site
Landscaping
and Ir
rigation:
Estimated Total
Project
Cost:
Grant Award Amount
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Site Fencing
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V:\COG' 955,03 .cad'exhibits' .95503Council-t es--Jut 025.dw dreed 7 1 25 16\25
RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY
MANAGER TO SUBMIT A SCOPE REVISION TO STATEWIDE PARKS PROGRAM FOR GRANT
FUNDED PIONEER PARK RENOVATION, SIGN ALL NECESSARY PAPERWORK AND PUT THE
APPROVED SCOPE OUT TO PUBLIC BID
WHEREAS, the City of Gustine sought to make major improvements to Pioneer Park through application to the competitive Statewide Parks Program grant program; and WHEREAS, the City was awarded in early 2020 $1.3 Million by the California State Department of Parks and Recreation ("the State") to fully renovate Pioneer Park to include a scope of work approved by the State that includes specific park features; and WHEREAS, unforeseeable circumstances since the spring 2020 award have caused the cost of the project to escalate well beyond the funding provided by the grant and resulted in unavoidable delays; and
WHEREAS, the City does not have the additional funding sources required to supplement the grant and complete the full scope of work as outlined in the grant agreement; and
WHEREAS, the State will allow the City to submit for State Parks approval of a revised grant scope that removes features from the original scope; and WHEREAS, the City must submit the scope of work through a submission process with specific documentation being determined by the State; and WHEREAS, the City held a public hearing on May 20, 2025 to gather public input on potential scope reduction and features; and
WHEREAS, the City took multiple steps to notify the public of the May 20 public hearing and the importance of participating, including: placing an advertisement in the paper of record, mailing notice directly to every individual that signed up to find out about the project, emailing notices to the same individuals, posting the notice on the City website, posting the notice on City social media and posting the notice on the City marquee; and
WHEREAS, the Council again discussed the revised scope at its regular meeting held July 1, 2025, which was a duly-noticed public meeting where Council members received a staff report and considered public testimony regarding this grant scope of work; and
WHEREAS, at the July 15, 2025 meeting, Council provided clear and sufficient direction on a revised scope for the grant to submit to the State, as reflected in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby authorize the City Manager to:
l. Take all necessary steps and complete all paperwork required to submit the revised grant scope to the State.
2. If approved by the State, initiate the process to develop a bid packet for construction that reflects the State-approved, new scope.
3. Release the bid packet and bring back results to Council to award bid.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 15th day of July, 2025. The resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
ITEM NO. 8
COUNCIL AGENDA ITEM
JULY 15, 2025
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Approve Purchase of Two Aerators for the Wastewater Treatment Plant
STRATEGIC PLAN GOALS: 5. Robust Infrastructure
BACKGROUND/DISCUSSION
The City of Gustine's Wastewater Treatment Plant maintenance and replacement schedule has long been deferred. However, since FY 2024- 2025, the City Council has invested a significant amount of capital expenditures to reduce this backlog. This includes electrical rehabilitation, preventative maintenance, and aerators replacement.
Previously, staff identified four aerators in the system needing replacement. In September 2024, City Council awarded a purchase agreement with Environmental Equipment Engineering, Inc. (EEE) for two 15 HP EEE Floating aerators. These two replacements were purchased, installed, and are working well.
Now, the City wishes to replace the two remaining malfunctioning aerators. Staff identified that the aerators failures are due largely in part to the design and function of the aerators - faulty bearings allowing moisture to enter the windings thereby overwhelming and drowning the diffuser function and rotation. The other issue is that its design allows too much water to splash back onto the motor head itself, increasing the chances of moisture intrusion. This finding was also discussed in September 2024.
EEE's aerators are of a matchless design and functionality that is uniquely compatible with the City's existing system. EEE's aerators' design features higher structural strength for diffusion of water and overall a different aeration pattern than any comparable product on the market, which reduces the splash back effect and prevents moisture intrusion on the motor head. Taken together, staff has determined that the EEE aerators are the nearly sole option for the City's needs based on design, functionality, availability, and system compatibility.
For these reasons, staff has consequentially determined that EEE aerators provide the greatest value to the City - the aerators are of a unique design that the identified issues in the City's existing aerators will be avoided, the aerators are of a higher quality that the chances they will need replacement is much lower than competitors, the City has 2 existing EEE aerators and staff is familiar with their functionality expediting any rare troubleshooting, and the existing EEE aerators have proven compatible with the City's system. Thus, the City Council may make the requisite findings to award the purchase of the two (2) needed aerators to EEE pursuant to Gustine Municipal Code section 2-6-
40(4) as, despite potentially not being the lowest responsible bidder, the award to EEE will provide the greatest value to the City.
COMMUNITY OUTREACH
Not applicable
FISCAL IMPACT
$32,000 was budgeted for two new aerators (CIP No. 25SW0003) in the approved FY 2025-26 budget. The total cost of the EEE Aerators are $35,258.50 including taxes ($2,458.50) and shipping ($3,000.00). There is sufficient fund allocated in the expenditure budget in various applicable accounts. No additional appropriation is needed for this contract.
ENVIRONMENTAL IMPACT
The purchase and installation of two new aerators for the City's existing Wastewater Treatment Plant is exempt from environmental review under the California Environmental Quality Act, Public Resources Code section 21000 et seq ("CEQA"), pursuant to CEQA Guidelines section 15060(c)(3) where the action is not a "project" as defined by CEQA Guidelines section 15378 as it does not have the potential to create a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, the action is exempt pursuant to CEA Guidelines section 15302 "Replacement or Reconstruction" where the purchase and installation of the aerators is "installation of small new equipment and facilities in small structures."
RECOMMENDATION
Staff recommends City Council adopt a resolution authorizing the City Manager to execute a purchase order for two new 15 HP EEE FA surface aerators from Environmental Equipment Engineering, Inc. (EEE) in the amount of $35,258.50.
EXHIBIT(S)
A) Resolution
RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE
AUTHORIZING EXECUTION OF PURCHASE ORDER WITH ENVIRONMENTAL EQUIPMENT ENGINEERING, INC FOR PURCHASE OF TWO 15HP AERATORS FOR A TOTAL AMOUNT NOT TO EXCEED $35,258.50; AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AS NECESSARY
TO ACQUIRE THE AERATORS
WHEREAS, the City owns and operates the City of Gustine Wastewater Treatment Plant ("Plant") and in past years, the City has forgone certain maintenance and repairs to the Plant but is catching up to ensure the Plant's longevity; and WHEREAS, staff recently identified a pressing need to replace four (4) aerators in the Plant due largely to the design and function of the aerators - faulty bearings allowing moisture to enter the windings thereby overwhelming and drowning the diffuser function and rotation as well as the design allowing too much water to splash back onto the motor head itself, increasing the chances of moisture intrusion; and WHEREAS, in September 2024, the City Council authorized the purchase of two (2) 15 HP aerators from Environmental Equipment Engineering ("EEE"), which have been purchased, installed, and work without issue in the City's existing system; and WHEREAS, the City now seeks to replace the remaining two (2) aerators and EEE has provided a quote for two additional 15 HP aerators for $35,258.50; and WHEREAS, this is an expected, budgeted City expense and $32,000.00 was earmarked for this purchase in the City's adopted FY 2025-2026 budget; and WHEREAS, EEE's aerators are of a matchless design and functionality that is uniquely compatible with the City's existing system -- EEE's aerators' design features higher structural strength for diffusion of water and overall a different aeration pattern than any comparable product on the market, which reduces the splash back effect and prevents moisture intrusion on the motor head; and
WHEREAS, taken together, staff has determined that the EEE aerators are the best option for the City's needs based on design, functionality, availability, and system compatibility; and
WHEREAS, EEE aerators provide the greatest value to the City - the aerators are of a unique design that the identified issues in the City's existing aerators will be avoided, the aerators are of a higher quality that the chances they will need replacement is much lower than competitors, the City has 2 existing EEE aerators and staff is familiar with their functionality expediting any rare troubleshooting, and the existing EEE aerators have proven compatible with the City's system; and WHEREAS, the City Council may make the requisite findings to award the purchase of the two (2) needed aerators to EEE pursuant to Gustine Municipal Code section 2-6-40(4) as, despite potentially not being the lowest potential bidder, the award to EEE will provide the greatest value to the City; and WHEREAS, the action is exempt from environmental review under the California
Environmental Quality Act, Public Resources Code section 21000 et seq ("CEQA"), pursuant to CEQA Guidelines section 15060(c)(3) where the action is not a "project" as defined by CEQA Guidelines section 15378 as it does not have the potential to create a direct or reasonably foreseeable indirect physical change in the environment and, in the alternative, the action is exempt pursuant to CEQA Guidelines section 15302 "Replacement or Reconstruction" where the purchase and installation of the aerators is "installation of small new equipment and facilities in small structures." NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Gustine:
Section 1. Recitals. The recitals above, and definitions contained therein, are hereby incorporated herein by reference as if set forth in full.
Section 2. Findings. The City Council makes the following findings:
A. EEE aerators provide the greatest value to the City due to the aerators are of a unique design that the identified issues in the City's existing aerators will be avoided, the aerators are of a higher quality that the chances they will need replacement is much lower than competitors, the City has 2 existing EEE aerators and staff is familiar with their functionality expediting any rare troubleshooting, and the existing EEE aerators have proven compatible with the City's system, all leading to a saving in City financial resources, staff time resources, and wastewater plant productivity resources.
B. The action is authorized pursuant to the Gustine Municipal Code section 2-6-40(4) for providing the best overall value to the City.
C. This action is exempt from CEQA review pursuant to CEQA Guidelines section 15060(c)(3) and 15302.
Section 3. The City Manager or designee is hereby authorized and directed to enter into an agreement to purchase two l 5HP EEE FA aerators from Environmental Equipment Engineering, Inc., subject to minor revisions, if any, approved by the City Manager and City Attorney to comply with applicable law or otherwise ensure that the City contracts for the necessary aerators on clear, unambiguous terms that are in the best interest of the City.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 15 day of July, 2025, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
APPROVED:
Patrick Nagy, Mayor
City of Gustine