Gustine City Council
October 7, 2025

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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.

The following exceptions apply to this paragraph:

1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.

26. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the Airport Sponsors Assurances Page 12 of 19

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public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

27. Use by Government Aircraft.

It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

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29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport's property boundary.
b. Subject to subsection 49 U.S.C. 5 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or

2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:

1. eliminate such adverse effect in a manner approved by the Secretary; or

2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.

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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
"The (City of Gustine), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerers that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award."
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department ofTransportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

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3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e};

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United Airport Sponsors Assurances Page 16 of 19

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States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 5 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist 0.pdf) for AIP projects as of June 02, 2025.

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35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 u.s.c. §§ 3801-3809, 3812).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. 5 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:

1. Describes the requests;

2. Provides an explanation as to why the requests could not be accommodated; and Airport Sponsors Assurances Page 18 of 19

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3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.

40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).

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ITEM NO. 7

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Amendment No. 1 to Administrative Services Director Employment Agreement and Interim City Manager Appointment
STRATEGIC PLAN GOALS: 6. Community Services

BACKGROUND/DISCUSSION
With the recent resignation of the City Manager, City Council has given the direction to appoint Melanie Correa, Administrative Services Director, as the Interim City Manager.

Melanie will serve as the Interim City Manager from October 20, 2025, until the permanent City Manager is appointed by the City Council. The City is actively recruiting for a permanent City Manager, and until a permanent placement is made, there exists a need to fill the City Manager position on an interim basis. An amendment to the Employee's existing contract formalizes the interim placement.

Some of the key points in this amendment are:
• Temporary Duties: Employee shall serve in and perform the duties of the position of Interim City Manager.
• Term of Amendment: This Amendment shall continue in full force and effect from its Effective Date (10/20/2025) until the first of the following occurs: (i) upon the appointment by the City Council of a permanent City Manager; (ii) upon Employee working her 960th hour in any fiscal year, including hours worked for other CalPERS Agencies during such fiscal year; or (iii) upon termination of the Agreement by either the City or Employee as provided in Section 3 of this Amendment ("Term of Amendment"). For purposes of this Amendment, the City Council will be deemed to have appointed a new City Manager when their agreement is approved and they begin their first day in that position. • Temporary Compensation During the Term of the Amendment: Notwithstanding the base salary authorized by Section 4A of the Employment Agreement, Employee's monthly base salary, effective October 20, 2025, during the Term of this Amendment, for all services performed by Employee as the Interim City Manager, City shall pay Employee compensation at the rate of $73.19 per hour according to the payroll schedule in place for the City Manager position, less required and authorized deductions, in installments at the same time as other employees of the City are paid.

FISCAL IMPACT
There is no additional fiscal impact to cause a budget amendment. The salary for the City Manager position is already accounted for in the Fiscal Year 2025-26 budget.

STRATEGIC PLAN GOALS
This action falls under Strategic Goal No. 6 Objective 2, ensuring current level of staffprovided public services.

RECOMMENDATION
Staff recommends approval of the Amendment to Administrative Services Director Employment Agreement.

EXHIBIT(S)
A) Agreement

AMENDMENT No. 1 TO

ADMINISTRATIVE SERVICES DIRECTOR

EMPLOYMENT AGREEMENT

CITY OF GUSTINE
This Amendment to the Administrative Services Director Employment Agreement ("Amendment") is made and entered into this 20" day of October, 2025 (Effective Date), by and between the City of Gustine, County of Merced, State of California, a municipal corporation (hereinafter referred to as the "City") and Melanie Correa (hereinafter referred to as "Employee").

City and Employee are sometimes individually referred to herein as "Party" and collectively as "Parties."
A. City and Employee entered into the Administrative Services Director Employment Agreement dated July 1, 2025 ("Employment Agreement"), whereby Employee agreed to serve as the Administrative Services Director for the City
B. The City is actively recruiting to fill the position of City Manager on a permanent basis.

C. On October 7, 2025, the City Council took appropriate action to temporarily appoint Employee to serve as Interim City Manager during the City's active recruitment for a permanent City Manager, for the term specified herein, and to temporarily increase Employee's compensation while she serves as the Interim City Manager.

IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENT HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:

1. Temporary Duties. Employee shall serve in and perform the duties of the position of Interim City Manager. Employee shall perform the functions and duties of the positions of City Manager with the job description for as set forth by state law, the Municipal Code of the City, the job description for the positions of City Manager and any such other functions and duties as may be established or directed by the City Council.

2. Term of Amendment. This Amendment shall continue in full force and effect from its Effective Date until the first of the following occurs: (i) upon the appointment by the City Council of a permanent City Manager; (ii) upon Employee working her 960th hour in any fiscal year, including hours worked for other CalPERS Agencies during such fiscal year; or (iii) upon termination of the Agreement by either the City or Employee as provided in Section 3 of this Amendment ("Term of Amendment"). For purposes of this Amendment, the City Council will be deemed to have appointed a new City Manager when their agreement is approved and they begin their first day in that position.

3. Termination of Amendment. During the Term of Amendment, Employee serves at the will and pleasure of the City Council, and may be terminated from the position of Interim City Manager with or without cause, and without right of hearing or appeal at any time. Employee may also resign from the position of Interim City Manager at any time. At the termination of this Amendment, regardless of the reason, Employee will revert to the position of Administrative Services Director, will

thereafter perform solely the duties of such position pursuant to the Employment Agreement, and will be compensated solely as provided in the Employment Agreement.

4. Temporary Compensation During the Term of the Amendment. Notwithstanding the base salary authorized by Section 4A of the Employment Agreement, Employee's monthly base salary, effective October 20, 2025, during the.Term of this Amendment, for all services performed by Employee as the Interim City Manager, City shall pay Employee compensation at the rate of $73.19 per hour according to the payroll schedule in place for the City Manager position, less required and authorized deductions, in installments at the same time as other employees of the City are paid.

5. Recitals. The parties agree that the Recitals to this Amendment are true and correct and are incorporated into this Amendment as if set forth here.

6. Force and Effect. Except as amended by this Amendment, all provisions of the Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Amendment.

IN WITNESS WHEREOF, City and Employee have signed and executed this Amendment as of the Effective Date first above written.

CITY OF GUSTINE
By:

Pat Nagy, Mayor
APPROVED AS TO FORM:

By:

Olivia Clark, City Attorney
By:

EMPLOYEE
Melanie Correa

ITEM NO. 8

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Sokniorn Than, City Manager
SUBJECT: Adopt the Delta-Mendota Subbasin Groundwater Sustainability Agency Joint Powers Authority Agreement
STRATEGIC PLAN GOALS: 5. Robust Infrastructure

BACKGROUND
The Groundwater Sustainability Agencies (GSAs) in the Delta-Mendota Subbasin (Subbasin) currently have agreements with the San Luis & Delta-Mendota Water Authority (SLDMWA) whereby SLDMWA provides fiscal, contracting and administrative services for the subbasin. SLDMWA's Board has directed that SLDMWA consolidate its mission to core objectives and as a result, SLDMWA has indicated that it intends to transition away from providing these services, with a goal of full transition by the start of the next SLDMWA fiscal year (March 1, 2026), without leaving a gap in services for the necessary functions to implement SGMA in the Subbasin. As a result, the Subbasin GSAs evaluated several structural options to ensure continuity of necessary services and provided direction to form a Joint Powers Authority (JPA) and execute associated service agreements prior to the start of the March 1, 2026 Fiscal Year.

ANALYSIS/DISCUSSION
On July 1, 2025, a special Subbasin Coordination Committee (Committee) meeting and subbasin workshop was held to present and receive initial feedback from Subbasin GSAs on a draft JPA agreement. Initial GSA feedback was incorporated in the draft JPA agreement, and at the August 11, 2025, Committee meeting, Legal Counsel Lauren Layne presented the revised draft JPA agreement. Additional GSA feedback was received, and a final JPA agreement dated September 3, 2025, was presented to the Committee on September 8, 2025. At that meeting, the Committee made a motion to recommend GSAs adopt the JPA agreement.

The final JPA agreement for consideration by Subbasin GSAs for adoption is provided as Exhibit B. To meet the schedule to establish the JPA and successfully transition consultants and financial management from SLDMWA before fiscal year end (February 28, 2026), it is requested that GSAs adopt the JPA agreement before November 21, 2025. The Effective Date of the JPA agreement is December 1, 2025.

The JPA establishes an independent public entity composed of the participating GSAs.

The JPA will:
• Coordinate Subbasin-wide groundwater sustainability activities. • Implement the policies, projects, and monitoring programs outlined in the adopted GSP.

• Pursue state and federal funding opportunities to support implementation efforts. • Provide a transparent governance structure that includes representation from all Member agencies.

Importantly, the Agreement safeguards the City's financial and regulatory interests.

Costs are allocated equitably among Members, budgets require approval, and the JPA's debts or obligations are not transferred to individual Members.

By joining the JPA, the City of Gustine strengthens its ability to meet SGMA requirements, ensures long-term water reliability for residents and businesses, and advances regional collaboration in resource management.

FISCAL IMPACT
Costs associated with participation in the J PA will be subject to annual budget approval and cost-sharing arrangements agreed upon by the Member agencies. No unanticipated financial obligations will be transferred to the City. Participation also enhances the City's ability to secure external funding, offsetting local expenses related to GSP implementation.

STRATEGIC PLAN GOALS
Staff has reviewed the Joint Powers Authority (JPA) Agreement and finds that it aligns with the City of Gustine's adopted Strategic Plan goal 4 - Robust Infrastructure. The JPA framework supports the implementation of projects identified in the Groundwater Sustainability Plan, such as groundwater recharge, monitoring, and supply reliability initiatives. By coordinating basin-wide management, the JPA helps protect municipal wells, reduce the risk of subsidence, and safeguard critical water infrastructure that serves the community.

RECOMMENDATION
Approve the resolution authorizing the City's adoption of the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement.

EXHIBIT(S)
A) Resolution
B) Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement

RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADOPTING DELTAMENDOTA SUBBASIN GROUNDWATER SUSUTAINABILITY AGENCY JOINT POWERS

AUTHORITY AGREEMENT
WHEREAS, in September 2014 the Governor of the State of California signed legislation creating the Sustainable Groundwater Management Act (or "SGMA," as that term is defined in section 1.14, below) "to provide local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater." (Wat. Code,§ 10720.1 (d}); and
WHEREAS, SGMA provides that each affected groundwater basin may be regulated separately by one or more groundwater sustainability agencies (a "GSA" or "GSAs", respectively). Any local agency or combination of local agencies overlying a groundwater basin may decide to become a GSA for that basin within its boundaries. (Wat. Code, $ 10723(a).); and
WHEREAS, groundwater sustainability under SGMA is to be achieved through groundwater sustainability plans (or "GSPs," as the term "GSP" is defined in section 1.10, below), which can be a single plan developed by one or more GSAs, or multiple coordinated plans within a basin or subbasin (Wat. Code, $ 10727); and WHEREAS, the Members overlie portions of the Delta-Mendota Subbasin number 5-22.07 of the San Joaquin Valley Groundwater Basin identified in the California Department of Water Resources ("DWR") Bulletin 118 (the "Subbasin"), as its boundaries may be modified from time to time as provided by law; and WHEREAS, DWR has designated the entire Subbasin as critically over drafted.

Under SGMA, GSAs in critically over drafted subbasins were required to assume their regulatory roles by June 30, 2017, and to submit one or more GSPs covering the basin to DWR by January 31, 2020; and
WHEREAS, the Members are all public agencies as defined by Government Code section 6500 and Water Code section 10723( a}. All Members are authorized to contract with the State or Federal governments and agencies, and to exercise powers related to groundwater management, land use, or both, within their jurisdictional boundaries. Each Member qualifies individually to serve as a GSA under SGMA; and WHEREAS, the Members initially managed the Subbasin pursuant to SGMA through the development and implementation of six different coordinated GSPs; and WHEREAS, in 2024, the Members adopted a single GSP to cover the entire Subbasin to comply with SGMA; and
WHEREAS, the Members formed a "Coordination Committee" pursuant to that certain "Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies" (the "MOA") to, among other things, make recommendations, approve budgets and authorize entering into contracts on behalf of the Subbasin; and

WHEREAS, the Members previously contracted with San Luis & Delta-Mendota Water Authority ("SLDMWA") to assist in coordinating administrative, financial and technical management of the multiple GSAs in the Subbasin; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Gustine, that in consideration of the true and correct facts recited above, which are hereby incorporated herein, and of the covenants, terms and conditions set forth herein, the Members hereto agree as follows:

The Members now desire to enter into this Agreement to form the Delta-Mendota Subbasin GSAs Joint Powers Authority (the "Authority") for the purpose of coordinating the administrative, financial, and technical management of the multiple GSAs in the Subbasin and replace the previously existing Coordination Committee with the Board of Directors of the Authority.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 7th day of October, 2025, and the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Patrick Nagy, Mayor
City of Gustine
ATTEST:

Melanie Correa, City Clerk
City of Gustine

DELTA-MENDOTA SUBBASIN GSAS

JOINT POWERS AUTHORITY AGREEMENT
This DELTA-MENDOTA SUBBASIN GSAS JOINT POWERS AUTHORITY AGREEMENT (this "Agreement") is made and entered into on this 1 day of December, 2025 (the "Effective Date") pursuant to Title 1, Division 7, Chapter 5 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers, by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin listed in Exhibit "A" (each a "Member" and in the plural or collectively, as the "Members").

RECITALS
A. WHEREAS, in September 2014 the Governor of the State of California signed legislation creating the Sustainable Groundwater Management Act (or "SGMA," as that term is defined in section 1.14, below) "to provide local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater." (Wat. Code, § 10720.l(d)); and
B. WHEREAS, SGMA provides that each affected groundwater basin may be regulated separately by one or more groundwater sustainability agencies (a "GSA" or "GSAs", respectively). Any local agency or combination of local agencies overlying a groundwater basin may decide to become a GSA for that basin within its boundaries. (Wat. Code,§ 10723(a).); and C. WHEREAS, groundwater sustainability under SGMA is to be achieved through groundwater sustainability plans ( or "GSPs," as the term "GSP" is defined in section 1.10, below), which can be a single plan developed by one or more GSAs, or multiple coordinated plans within a basin or subbasin (Wat. Code,§ 10727); and
D. WHEREAS, the Members overlie portions of the Delta-Mendota Subbasin number 5-22.07 of the San Joaquin Valley Groundwater Basin identified in the California Department of Water Resources ("DWR") Bulletin 118 (the "Subbasin"), as its boundaries may be modified from time to time as provided by law; and
E. WHEREAS, DWR has designated the entire Subbasin as critically overdrafted.

Under SGMA, GSAs in critically overdrafted subbasins were required to assume their regulatory roles by June 30, 2017, and to submit one or more GSPs covering the basin to DWR by January 31, 2020; and
F. WHEREAS, the Members are all public agencies as defined by Government Code section 6500 and Water Code section 10723(a). All Members are authorized to contract with the State or Federal governments and agencies, and to exercise powers related to groundwater management, land use, or both, within their jurisdictional boundaries. Each Member qualifies individually to serve as a GSA under SGMA; and
373663lv10 / 21603.0005 1

G. WHEREAS, the Members initially managed the Subbasin pursuant to SGMA through the development and implementation of six different coordinated GSPs; and H. WHEREAS, in 2024, the Members adopted a single GSP to cover the entire Subbasin to comply with SGMA; and
I. WHEREAS, the Members formed a "Coordination Committee" pursuant to that certain "Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies" (the "MOA") to, among other things, make recommendations, approve budgets and authorize entering into contracts on behalf of the Subbasin; and J. WHEREAS, the Members previously contracted with San Luis & Delta-Mendota Water Authority ("SLDMWA") to assist in coordinating administrative, financial and technical management of the multiple GSAs in the Subbasin; and
K. WHEREAS, the Members now desire to enter into this Agreement to form the Delta-Mendota Subbasin GSAs Joint Powers Authority (the "Authority") for the purpose of coordinating the administrative, financial, and technical management of the multiple GSAs in the Sub basin and replace the previously existing Coordination Committee with the Board of Directors of the Authority.

NOW, THEREFORE, in consideration of the true and correct facts recited above, which are hereby incorporated herein, and of the covenants, terms and conditions set forth herein, the Members hereto agree as follows:

ARTICLE I

DEFINITIONS
As used in this Agreement, unless the context requires otherwise, the meaning of the terms hereinafter set forth shall be as follows:

1.1 "Act" means the Joint Exercise of Powers Act codified at Government Code sections 6500, et seq.

1.2 "Agreement" means this Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement.

1.3 "Authority" means the Delta-Mendota Subbasin GSAs Joint Powers Authority.

1.4 "Coordinated Plan Expenses" are those Subbasin-wide Activities expenses incurred by the Authority, the Secretary, and the Plan Manager, at the direction of the Board of Directors, within approved annual cost estimates for purposes described in this Agreement and in implementing the DM Subbasin MOA, including actual expenses incurred in executing obligations under the DM Subbasin MOA for intrabasin and interbasin coordination, which are shared equally amongst the seven representative seats of the Board of Directors, in accordance with the Participation Percentages.
373663 lv!0 / 21603.0005 2

1.5 "Board of Directors" means the governing body of the Authority established pursuant to Article 6 of this Agreement.

1.6 "Director" means a designated representative who holds a seat on the Authority's seven-member Board of Directors.

1. 7 "GSA" shall mean a groundwater sustainability agency established in accordance with SGMA and its associated regulations, and "GSAs" shall mean more than one such groundwater sustainability agency. Each Member is a GSA.

1.8 "GSA Group Representative" shall refer to the representative of a group of GSAs that share a single seat on the Board of Directors, as established in Article 6.1 of this Agreement.

1.9 "GSA Representative" shall refer to the representative of a single GSA who holds a single seat on the Board of Directors, as established in Article 6.1 of this Agreement.

1.10 "GSP means a groundwater sustainability plan, as defined by section 1072 I (k) of the Water Code.

1.11 "Fiscal Year" means each period beginning on March 1 and ending on the last day in February the following year.

1.12 "MOA" shall mean the "Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies," as amended, describing the Members' responsibilities for the Subbasin-wide monitoring network, coordinated data management system, and adaptive management framework.

1.13 "Participation Percentages" shall mean that percentage of Coordinated Plan Expenses allocated to each representative seat on the Board of Directors as described in Exhibit "B" to this Agreement, which is attached hereto and incorporated by reference herein, as updated from time to time by action of the Board of Directors, but not more frequently than annually.

1.14 "Plan Manager" shall mean an entity or individual appointed at the pleasure of the Board of Directors to perform the role of the Plan Manager for the Sub basin and to serve as the point of contact to DWR and/or the State Water Board.

1.15 "SGMA" means the California Sustainable Groundwater Management Act, which is codified in Part 2.74 (commencing with section 10720) of Division 6 of the Water Code, and all state regulations adopted under that Part, including but not limited to DWR's SGMA regulations (commencing at 23 Cal. Code Regs., §§ 350, et seq.).

1.16 "State Water Board" shall mean the California State Water Resources Control Board.

1.17 "Subbasin" means the Delta-Mendota Subbasin of the San Joaquin Valley Groundwater Basin, sub basin number 5-22.07, as identified in Bulletin 118 prepared by the DWR, as may be amended and updated from time to time pursuant to law. 373663 lv!0 / 21603.0005 3

1.18 "Subbasin-wide Activities" shall mean those activities or actions that affect the Subbasin as a whole or are otherwise required by SGMA to be determined at the Subbasin level and as defined by a unanimous vote of the Board of Directors of the Authority.

1.19 "Special Project Agreement" means an agreement between the Authority and any of its Members, or multiple Members, for the purpose of facilitating a separate project or management action for which only those Member( s) who are a party to the agreement are obligated to pay or have liability.

1.20 "Water Year" shall mean the period from October 1 through the following September 30.

ARTICLE II

CREATION OF THE JPA

2.1 Creation. Upon the Effective Date and pursuant to the Act, the Members hereby create a public entity separate and independent from the Members to be known as the "DeltaMendota Subbasin GSAs Joint Powers Authority".

2.2 Boundaries. The jurisdictional area of the Authority is intended to generally consist of all areas within the boundaries of the Sub basin, as identified by DWR.

2.3 Notices. The Authority shall timely file the notices required by Government Code sections 6503.5, 6503.6, and 53051.

ARTICLE III
TERM

3.1 Term. This Agreement is effective as of the Effective Date and continues in full force and effect until terminated under Article 10.

ARTICLE IV

PURPOSE OF THE JPA

4.1 Purpose of Agreement. The purpose of this Agreement is to create a joint powers authority separate from its Members to accomplish the purposes described below. The Members have worked together in mutual cooperation to develop a single GSP in compliance with SGMA, for the sustainable management of the Subbasin. Each Member hereto has adopted the GSP and will implement its terms and conditions within their respective GSA territories.

4.2 Purpose of Authority. The purpose of the Authority is to act as a separate and independent public agency to perform the tasks and functions articulated in Section 6. 7.

4.3 Limitations.
(a)
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Nothing in this Agreement is intended to confer upon the Authority, any Member, or upon any third party outside this Agreement the authority to limit or interfere with the other respective Member's rights and authorities 4

over its own internal matters, including but not limited to, such Member's surface water supplies, groundwater supplies, facilities, billing and collection procedures, GSA powers and implementation or exercise of such powers, and operations and water management. Nothing in this Agreement is intended to modify or limit a Member's police powers, land use authorities, or any other authority, including the authority to pursue a comprehensive groundwater adjudication or other alternative SGMA compliance strategy, should the Member deem it to be in its best interest to do so.
(b) The Authority shall not possess the authority to impose, levy, or collect fees, charges, assessments, or other impositions upon lands or landowners within its boundaries. The Authority's ability to collect, hold, and spend funds shall be limited by the budget procedures described here.
(c) Nothing in this Agreement prevents the Members from entering into other joint powers agreements.

ARTICLE V

POWERS OF THE JPA

5.1 Powers. The Authority is authorized, in its own name, to do all acts necessary for carrying out the purpose of this Agreement, including, but not limited to, any and all of the powers identified in this Article 5 and those powers identified in Government Code section 6508.

Specifically, the Authority is authorized, in its own name and subject to the Board of Directors' approval as described herein, to do any or all of the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
373663 lv!0 / 21603.0005
To make and enter into contracts;
To employ consultants, agents and employees;
To acquire, lease, own, construct, manage, maintain, operate, and dispose of any building, works or improvements;
To acquire, hold or dispose ofreal or personal property; To incur debts, liabilities, or obligations;
To sue and be sued in its own name;
To undertake, on behalf of the Members, administrative or ministerial actions required by DWR and the State Water Board under SGMA; To conduct research and investigations and compile appropriate reports for implementing the single GSP for the Subbasin, as it may be amended or revised from time to time;
5

5.2 Members.
(i) To cooperate, act in conjunction with, and contract with the United States, the State of California or any agency thereof, Counties, Cities, and other local agencies;
U) To enter into grant agreements consistent with the purposes of the Authority described herein;
(k) To enter into Special Project Agreements with a Member or Members for the benefit of implementing the SGMA in the Sub basin;
(1) To participate, on behalf of one or more GSAs, in groundwater sustainability projects and management actions related to SGMA; and (m) To create committees and sub-committees.

Common Powers. The Authority may exercise the common powers of the

5.3 Restrictions on the Exercise of Powers. Pursuant to Government Code section 6509, et seq., the powers of the Authority shall be exercised and restricted in the same manner as those imposed upon Patterson Irrigation District, a California irrigation district. The Authority shall have the power of eminent domain. If Patterson Irrigation District withdraws as a Member, the remaining Members shall amend this Agreement pursuant to section 14.1.

5.4 Limitation on Authority Powers. The Authority is not a GSA and may not exercise certain powers granted to GSAs, including the authorities provided in Water Code section 10726.2 (groundwater extraction), and Chapter 8 (commencing with section 10730) (fee authorities) of SGMA. The individual Members of the Authority each hold GSA powers and each Member expressly reserves the right to (a) exercise all rights afforded to a GSA within their respective boundaries, and (b) defend, with legal counsel of its own choosing, any challenge to the adoption or implementation of the adopted GSP. When the terms of this Agreement or applicable law require the approval of a GSA (such as approval of the GSP), that approval shall be required and evidenced (as provided in Article 6.9) by the Members.

5.5 Obligations of the Authority. No debt, liability, or obligation of the Authority shall constitute a debt, liability or obligation of any of the Members, appointed representatives on the Board of Directors, or committee members. No debt, liability, or obligation of any Member shall constitute a debt, liability or obligation of the Authority.

5.6 Water Rights. Nothing contained in this Agreement grants to the Authority any power to alter any water right, contract right, or any similar right held by any of the Members, or to amend a Member's water delivery practice, course of dealing, or conduct without the express written consent of that Member.
3736631 vi 0 / 21603.0005 6

ARTICLE VI

BOARD OF DIRECTORS

6.1 Board of Directors. The Authority shall be administered by a seven (7)-member Board of Directors (the "Board of Directors"), composed of Directors and alternate Directors as described herein, to serve at the pleasure of their appointing governing body. All voting power of the Authority shall reside in the Board of Directors.
(a) The Board of Directors will consist of a total of seven (7) voting members and shall be comprised of the representative of a Member GSA ("GSA Representative") or a group of GSAs (a "GSA Group Representative"), as identified on Exhibit "B." Each GSA Representative or GSA Group Representative shall have one Alternate Representative authorized to vote in the absence of the GSA Representative or GSA Group Representative, as applicable. Each GSA Representative, GSA Group Representative, and applicable Alternates, must be (i) an elected or appointed member of the governing body of a Member, or (ii) on the staff or a consultant of a Member.
(b) Individuals serving on the Board of Directors as a GSA Representative or GSA Group Representative shall be selected by each respective GSA or GSA Group at the discretion of that particular GSA or GSA Group, and such appointments shall be effective upon providing written notice to the Authority's Secretary.
( c) Each Member understands its participation in actions of the Authority is based on representation on the Board of Directors. It is the responsibility and obligation of each Member to develop its manner of selecting its respective Representative and Alternate Representative. For purposes of this Agreement, it is assumed that each Director and Alternate Director has been authorized by the members in their respective GSA or GSA Group to participate as described herein.
( d) The Board of Directors will recognize each GSA Representative or GSA Group Representative and their applicable Alternate Representatives until such time as the Authority's Secretary is provided written notice ofremoval and replacement of said representative.

6.2 follows:

Removal. Directors and Alternate Directors may be removed or replaced as (a)
(b)
3736631 vl0 /21603.0005
Directors and Alternate Directors may be removed or replaced at any time by the respective GSA or the GSA Group, as applicable, with reasonable written notice provided to the Authority's Secretary of any such removal or replacement; and
A Director or Alternate Director shall be deemed automatically removed from the Board of Directors if that Director is no longer: (i) an elected or 7

appointed member of the governing body of the Member, or (ii) on the staff or a consultant of a Member entity that qualified such Director to serve on the Board of Directors.

6.3 Compensation. Directors shall not be compensated by the Authority for participation on the Board of Directors. The Authority shall develop a policy for reimbursement associated with direct expenses.

6.4 Legal Requirements. Each Director shall comply with all legal requirements, including disclosure and ethics requirements, applicable to directors of a California Joint Powers Authority.

6.5 Closed Session. Each Director and Alternate Director is eligible to participate in closed session of the Authority's Board of Directors.

6.6 Voting. Each Director on the Board of Directors shall be entitled to one (1) vote at the Board of Directors meetings. Except as expressly set forth in Article 6.8 below, the vote of a simple majority of Directors (i.e. at least four (4) Directors must vote in favor), at a regular or special meeting, of the Board of Directors shall be required for all other matters on which the Board of Directors is authorized to act.

6. 7 Board of Directors Authorized Actions. The Board of Directors is authorized to act upon the following enumerated items:
(a) By a simple majority vote of Directors (i.e. at least four (4) Directors must vote in favor), at a regular or special meeting, the Board of Directors shall review and approve:
(i) recommendation(s) to the GSAs for approving any technical analyses;
(ii) updating of technical analyses as needed;
(iii) developing budgets for Subbasin-wide Activities;
(iv) providing assistance with grants and with coordinated projects and programs;
(v) appointing ad hoc or standing committees and workgroups; (vi) assigning work to committees and workgroups as needed, providing guidance and feedback, and ensuring that committees and workgroups prepare work products in a timely manner; and (vii) providing direction to its officers concerning other administrative and ministerial issues necessary for the fulfillment of the aboveenumerated tasks; and 3736631 v!0 / 21603.0005 8

(viii) entering into Special Project Agreements with Members. (b) By a unanimous vote of all Directors (i.e. all seven (7) Directors must vote in favor), at a regular or special meeting, the Board of Directors shall review and approve:
(i) a determination of Subbasin-wide Activities, which may be modified by the Board of Directors from time to time;
(ii) submittal of annual reports;
(iii) a representative monitoring network;
(iv) final budgets and amendments to final budgets;
(v) submittal of five-year updates;
(vi) revisions to this Agreement;
(vii) adding new Members to this Agreement;
(viii) annual estimates of Coordinated Plan Expenses and any updates to such estimates, in accordance with the budgetary requirements of the respective Members; provided, that such estimates or updates with supporting documentation shall be circulated to all Members for comment at least thirty (30) days in advance of the meeting at which the Board of Directors will consider approval of the annual estimate;
(ix) directing the Plan Manager in the performance of its duties under SGMA; and
(x) the hiring of consultants for Subbasin-wide Activities, providing direction to and supervision over consultants engaged to assist in acquiring and processing technical data, conducting monitoring and reporting, and all other activities in support of Subbasin-wide Activities; and
(xi) exercising the powers of eminent domain.

6.8 Voting Procedures to Address Lack of Unanimity. When it appears likely that the Board of Directors will not be able to come to a unanimous decision on any matter for which a unanimous decision is required, upon a majority vote of a quorum of the Board of Directors, the matter may be subjected to any or all of the following additional procedures:
(a)
373663 lv!0 / 21603.0005
Straw Polls. Straw poll votes may be taken for the purpose of refining ideas and providing guidance to the Board of Directors, committees, or both. 9

(b) Provisional Voting. Provisional votes may occur prior to final votes. This will be done when an initial vote is needed to refine a proposal, but the Directors wish to consult with their respective GSA or GSA Group(s) before making a final vote.
(c) Alternative Actions. A vote shall be delayed if any Director declares his/her/their intention to propose an alternative or modified recommended action, to be proposed at the next meeting, or as soon thereafter as the Director can obtain any further information or clarifying direction from its GSA Group or governing body, or both, as needed to propose its alternative or modified recommended action.
(d) Further Review. If the process outlined in Article 6.8(a)-(c) fails to result in a unanimous vote of the Directors, any GSA Representative or GSA Group Representative not voting in favor of the recommended action may request that the vote be delayed so that the Board of Directors can obtain further information on the recommended action (for example, by directing a committee established under this Agreement), so the Director(s) can obtain clarifying direction from its GSA Group or governing body, or both, as needed.
(e) Good Faith. Each Member acknowledges that time is of the essence with respect to SGMA compliance and GSP implementation and agrees to make its best efforts to cooperate through the Board of Directors in coming to a unanimous vote of representatives at a regular or special meeting.

6.9 Approval by Individual Members. Where law or this Agreement require separate written approval by each of or a group of the Members, such approval shall be evidenced in writing by providing the adopted resolution or minutes of the respective Member's Board of Directors meeting to the Secretary of the Authority.

ARTICLE VII

OFFICERS AND ADMINISTRATION

7.1 Officers. The Officers of the Board of Directors will include a Chair, Vice Chair, the Secretary, and the Treasurer. The Chair and Vice Chair shall be selected at the initial meeting of the Board of Directors or as soon thereafter as reasonably can be accomplished. The Secretary, and Treasurer may be the same person, persons, entity, or entities. (a) Chair and Vice Chair. Any Director may serve as the Chair. The Vice Chair, who shall also be a Director, shall serve in the absence of the Chair. In the absence of both the Chair and Vice Chair, a meeting may be led by an Acting Chair, selected on an ad hoc basis, who is a Director or Alternate Director of the Board of Directors.

The positions of Chair and Vice Chair shall rotate among the GSA Representative and GSA Group Representatives listed in Exhibit "B" on the Board of Directors on an annual basis according to alphabetical order, 3736631v!O/21603.0005 10

(b)
(c)
3736631v10/21603.0005
by name of the GSA or GSA Group, with the first rotation beginning on the date the first Chair is selected. The schedule for annual rotation of Chair and Vice Chair will be set at the first meeting after the Chair is appointed and reviewed and rotated annually at the first meeting of the Fiscal Year.

Any GSA Representative or GSA Group Representative may waive designation as Chair. In such a case, the office of Chair would rotate to the next designated GSA Representative or GSA Group Representative.

Secretary. Pursuant to Article 6. 7(b) above, by unanimous vote of Board of Directors (i.e. all seven (7) Directors), the Board of Directors shall select a Secretary to carry out the functions described in this Article 7. l (b), to serve at the pleasure of the Board of Directors. The Secretary may, but need not, be a Member of the Authority.

With approval of the appointee through a simple majority vote of the Board of Directors (i.e. at least four (4) Directors), the Secretary may select an appointee (who may be staff or a consultant contracting with the Authority) to implement the Secretary's responsibilities under this Agreement, for example, to coordinate meetings; prepare agendas; circulate notices and agendas; provide written notice to all Members that the Board of Directors has made a recommendation requiring approval by the Members; prepare and maintain minutes of meetings of the Board of Directors; receive notices on behalf of the Board of Directors and call to the Board of Directors' attention the need for responding; and provide such other assistance in coordination as may be appropriate.

The Secretary shall assume primary responsibility for Ralph M. Brown Act compliance, including without limitation, the responsibility to prepare agendas and notices, publicly post and distribute agendas to all Directors and Alternate Directors, the Members, and any other person who requests, in writing, such notices. The agenda shall be of adequate detail to inform the public and the Members of the meeting and the matters to be transacted or discussed and shall be posted in a public location and distributed to each of the Members to this Agreement in compliance with the noticing requirements of the Ralph M. Brown Act.

Treasurer. Pursuant to Article 6.7(b) above, by unanimous vote of Board of Directors (i.e. all seven (7) Directors), the Board of Directors shall select a Treasurer to carry out the functions described in this Article 7 .1 ( c ), to serve at the pleasure of the Board of Directors. The Treasurer may, but need not, be a Member of the Authority. If the Treasurer is a Member of the Authority, said Member may be reimbursed for the cost services performed as Treasurer. The Treasurer shall have custody of all of the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code sections 6505 and 6505.5.

The Treasurer shall be authorized to expend funds upon authorization of the Board of Directors as described in this Agreement. The Treasurer shall be 11

responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as identified in the audited financial statements. The Treasurer shall be responsible for providing the financial report at each Board of Directors meeting.

In addition, the Treasurer shall be responsible for financial management services to the Authority, including but not limited to holding financial contributions made in accordance with the Participation Percentages, accounting for funds, reports as requested by the Board of Directors concerning funds held, and disbursing said funds for authorized purposes.

The Treasurer shall bill the GSAs or GSA Groups, as applicable, for all Coordinated Plan Expenses based upon their respective Participation Percentages.

The Treasurer shall maintain a strict accountability of all funds contributed pursuant to this Agreement. The Treasurer shall establish and maintain such accounts to provide for segregation of funds as may be required by good accounting practices. The books and records of the Treasurer pertaining to funds held and expended pursuant to this Agreement shall be open to inspection at reasonable times by any Member that has made a contribution.

The Treasurer shall provide an unaudited report of all financial activities for each Fiscal Year to each Member that has made a contribution during that Fiscal Year within sixty (60) days after the close of each Fiscal Year.

7.2 Officers in Charge of Records: Funds: and Accounts. Pursuant to Government Code section 6505.1, the Treasurer shall initially have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority related thereto; and the Secretary shall initially have charge, handle and have access to all other records of the Authority. The Board of Directors may designate a consultant or a Member, by unanimous vote pursuant to Article 6.7(b) above, to serve as the person or persons having access to property of the Authority, and shall require such person or persons to file an official bond in an amount to be fixed by the Board of Directors.

7.3 Plan Manager. Pursuant to a simple majority vote (i.e. at least four (4) Directors), the Board of Directors shall select a Plan Manager, who may be a consultant of the Authority or a representative of a Member, who shall serve as the point of contact for DWR and the State Water Board, as specified by SGMA.

The Plan Manager shall carry out the duties of a "plan manager" as provided in Title 23, division 2, Chapter 1.5, Subchapter 2, California Code of Regulations. The Plan Manager has no authority to make policy decisions or represent the Board of Directors without the specific direction of the Board of Directors. The Plan Manager is obligated to disclose all substantive communications he/she transmits and receives in his/her capacity as Plan Manager to the Board of Directors.
373663 I v!0 /21603.0005 12

7.4 Employees and Consultants. The Authority may hire employees and consultants, including an executive director, engineers, hydrogeologists, accountants, public relations firms, and attorneys, to provide services to the Authority to accomplish the purposes of the Authority. 7 .5 Management. In addition to, or in lieu of, hiring employees, the Authority may engage one or more third parties to manage any or all of the business of the Authority on terms and conditions acceptable to the Board of Directors. A third party so engaged may, but need not, be a Member of this Agreement. Any third party so engaged shall have such responsibilities as are set forth in the contract for such third party's services.

ARTICLE VIII

MEETINGS

8.1 Timing and Notice. The Chair of the Board of Directors, any two GSA Representatives or GSA Group Representatives, or the Secretary may call meetings of the Board of Directors as needed to carry out the activities described in this Agreement. The Board of Directors may, but is not required to, set a date for regular meetings for the purposes described in this Agreement. All Board of Directors meetings shall be held in compliance with the Ralph M.

Brown Act (Gov. Code $ 54950, et seq.).

8.2 Quorum. A majority of the seven (7)-member Board of Directors shall constitute a quorum of the Board of Directors for purposes of holding a meeting. The Alternate Director of each GSA or GSA Group shall be counted towards a quorum and as the voting representative(s) in absence of the Director for that GSA Representative or GSA Group Representative for which the Alternate Director was appointed. If less than a quorum of the Board of Directors is present, no action may be taken.

8.3 Open Attendance. Members of the public, stakeholders, and representatives of the Members who are not appointed as a GSA Representative or GSA Group Representative on the Authority's Board of Directors may attend all Board of Directors meetings and shall be provided with an opportunity to comment on matters on the meeting agenda, but shall have no vote.

8.4 Committees. The Board of Directors may appoint ad hoc or standing committees, workgroups, or otherwise direct staff made available by the Members as provided for in Section

6. 7. Such committees or workgroups may include qualified individuals possessing the knowledge and expertise to advance the goals of the GSP on the topics being addressed by the committee, whether or not such individuals are Directors or Members.

8.5 Minutes. The Secretary or its appointee shall keep and prepare minutes of all Board of Directors meetings. Minutes of standing committee meetings shall be kept by the Secretary or its appointee. All minutes shall be maintained by the Secretary as Subbasin records and shall be available to the Members and the public upon request.

8.6 Bylaws. The Board of Directors may adopt bylaws and governing regulations consistent with this Agreement, which may be amended from time to time, for the conduct of its meetings as are necessary for the purposes hereof.
3736631vl 0 / 21603.0005 13

ARTICLE IX

FISCAL YEAR, BUDGET, AND FINANCIAL RESPONSIBILITIES

9.1 Fiscal Year. The Fiscal Year of the Authority shall be from March 1 through the last day in February the following year.

9.2 Budget. The Board of Directors shall establish an annual budget for the activities authorized by this Agreement. The budget must describe the amounts that the Board of Directors anticipates are required for purposes of the Agreement during each Fiscal Year. (a) The Authority shall not make expenditures or incur liabilities exceeding the amount of the appropriations allowed by the Authority's budget. (b) The Authority may amend the annual budget as needed subject to the provisions in Article 6 of this Agreement.

9.3 Participation Percentages. The Members will share the Coordinated Plan Expenses for Subbasin-wide Activities pursuant to the Participation Percentages described in Exhibit "B".

Each GSA or GSA Group, as applicable, shall pay their share of the Participation Percentage as reflected in Exhibit "B", and make Participation Percentage contributions required pursuant to this Agreement directly to the Treasurer or his/her designee. Payment is due from each GSA thirty (30) days following receipt of the invoice. Amounts in arrears for more than thirty (30) days shall earn interest at the applicable legal rate.

9.4 Member Obligations and GSP Implementation. It is the responsibility and obligation of each Member of the Authority to manage its own GSA and implement the GSP within its GSA's boundaries. It is further the responsibility and obligation of each GSA or GSA Group, as applicable, to pay its share of the Participation Percentage as reflected in Exhibit "B", and other payments required as part of implementation of SGMA Subbasin-wide Activities, as may arise from time to time. Each of the Members shall bear its own separate costs of implementing SGMA within its jurisdiction.
9 .5 Special Prnject Agreements. Upon approval of a majority of the Board of Directors, the Authority may enter into an agreement with any of its Members, or multiple Members, for the purpose of implementing SGMA within the Subbasin. However, any such Special Project Agreement shall require those Members entering into said agreement with the Authority be solely responsible for the costs and liabilities therein. Members who are not a party to a Special Project Agreement shall have no financial obligations or liabilities associated with the implementation of said agreement.

ARTICLEX
ADDITION AND WITHDRAWAL OF MEMBER; TERMINATION OF AUTHORITY

10.1 Addition of a Member. A Member may be added to this Agreement only upon the unanimous vote of the Board of Directors at a regular or special meeting, the prospective Member's execution of a counterpart of this Agreement, and its provision of any additional documentation required by this Agreement. No Member may be added that is not a GSA within the Subbasin or that fails to share in the Coordinated Plan Expenses.
3736631viO/21603.0005 14

10.2 Withdrawal. A Member may unilaterally withdraw from this Agreement without causing or requiring termination of this Agreement, effective upon one ( 1) year written notice to the Secretary and all other Members.

10.3 Effect of Withdrawal. Any Member who withdraws shall remain obligated for Coordinated Plan Expenses. If no separate Cost Sharing Agreement is then in effect or enforceable against the withdrawing Member, the Member is obligated to pay its share of all debts, liabilities, and obligations the Member incurred or accrued under this Agreement prior to the effective date of such withdrawal, within one ( 1) year after providing written notice to the Secretary and all other Members of the date of withdrawal. Upon withdrawal, a Member agrees that it has a continuing obligation to comply with SGMA and any coordination guidelines and regulations issued by DWR, which require a coordination agreement if there are multiple groundwater sustainability plans in the Subbasin. This obligation shall survive the withdrawal from this Agreement and is for the express benefit of the remaining Members.

10.4 Termination of the Authority. The Authority shall be formed and come into existence on the Effective Date and shall continue in existence unless terminated by a vote of the governing body of each of the Members then a party to this Agreement or at any point in time at which there ceases to be at least two (2) Members to this Agreement, at which time this Agreement shall be automatically terminated; provided however, that the Authority and this Agreement shall continue to exist for the purpose of disposing of liabilities ("Authority Liabilities") and distributing funds, property, and other assets ("Authority Assets"), and all other functions necessary to conclude the business of the Authority.
(a) Except as provided in this Article 10.4, this Agreement shall remain in effect and be binding upon the Members hereto and upon all subsequent Members joining herein for such a period as the Authority desires to engage in any activities under this Agreement. Except as noted in Article 10.4 above, the foregoing provision shall not apply, however, to any Member that withdraws from its participation in the Authority in accordance with this Agreement.
(b) Upon termination of this Agreement, after payment of all Authority Liabilities, any Authority Assets remaining shall be distributed to the Members of the Authority at the time of dissolution in accordance with applicable contributions. The Authority shall cease to exist when the Authority's Liabilities are paid and Authority Assets have been distributed according to the provisions contained in this Section, this Agreement generally, and the Act.

ARTICLE XI

EXCHANGE OF DATA AND INFORMATION

11.1 Exchange of Data and Information. The Members acknowledge and recognize pursuant to this Agreement that the Members will need to exchange data and information among and between the Members.
3736631v10/21603.0005 15

11.2 Procedure for Exchange of Data and Information.
(a) The Members shall exchange public and non-privileged information through collaboration and/or informal requests made at the Board of Directors level or through committees designated by the Board of Directors.

However, to the extent it is necessary to make a written request for information to another Member, each Member shall designate a representative to respond to information requests and provide the name and contact information of the designee to the Board of Directors. Requests may be communicated in writing and transmitted in person or by mail, facsimile, or other electronic means to the appropriate representative as named in this Agreement. The designated representative shall respond in a reasonably timely manner.
(b) Nothing in this Agreement shall be construed to prohibit any Member from voluntarily exchanging information with any other Member by any other mechanism separate from the Board of Directors.
( c) The Members agree that each GSA shall provide the data required to develop the Subbasin-wide coordinated monitoring network, data management system, and water budget, as more particularly described in the MOA and GSP.
(d) To the extent that a court order, subpoena, or the California Public Records Act is applicable to a Member, such Member in responding to a request made pursuant to the California Public Records Act for release of information exchanged from another Member shall timely notify the Board of Directors in writing of its proposed release of information in order to provide the other Members with the opportunity to seek a court order preventing such release of information.

ARTICLE XII
SEPARATE ENTITY; INDEMNIFICATION

12.1 Separate Entity. In accordance with the Act, the Authority is a public entity separate from the Members. To the greatest extent permitted by law, unless otherwise specifically agreed to herein by all the Members as to a specific debt, liability or obligation, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the Members under Government Code section 6508.1. The Authority shall own and hold title to all funds, property and works acquired by it during the term of this Agreement.

12.2 Indemnification. No Member has the power to obligate any other Member hereto and no Member's debt, liability or obligation due any third party may be asserted or collected against the Authority or any individual Member as a result of membership in the Authority through this Agreement. The Authority shall indemnify, defend, and hold harmless the Members, their officers, agents, directors, and employees, from and against any and all claims and losses 3736631 vi 0 /21603.0005 16

whatsoever, occurring or resulting to persons, firms, or entities furnishing or supplying work, services, labor, materials or supplies to the Authority in connection with the performance of this Agreement and, except as expressly provided for by law, from any and all claims and losses accruing or resulting to any persons, firm or entity for damage, injury, or death arising out of or in connection with the Authority's performance of its obligations pursuant to this Agreement. The Authority may also acquire such policies of insurance, including without limitation, directors and officers liability insurance, in such amounts as the Board of Directors shall deem prudent. The Board of Directors, officers, agents, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties pursuant to this Agreement. The Board of Directors shall not be liable to the Members of this Agreement for any mistake of judgment or any other action made, taken, or omitted by any agent, employee, or independent contractor selected with reasonable care, nor for loss incurred through the investment of Authority funds or failure to invest same. To the extent authorized by California law, no Director, officer or employee of the Authority shall be responsible for any action made, taken, or omitted by any other Director, officer or employee. Furthermore, each Member shall indemnify, defend, and save harmless the other Members, their officers, agents, directors, and employees, from and against any and all claims of negligence and/or willful misconduct by the indemnifying Member in performance of this Agreement.

ARTICLEXlII

PROCEDURES FOR RESOLVING CONFLICTS
In the event of any dispute arising from or relating to this Agreement, except for disputes arising from the inability of the Board of Directors to reach a unanimous decision, the disputing Member shall, within thirty (30) calendar days of discovery of the events giving rise to the dispute, notify all Members of this Agreement in writing of the basis for the dispute. Within thirty (30) calendar days of receipt of said notice, all interested Members shall meet and confer in a goodfaith attempt to informally resolve the dispute. All disputes that are not resolved informally shall be submitted to arbitration. Within ten (10) days following the failed informal proceedings, each interested Member shall nominate and circulate to all other interested Members the name of one arbitrator. Within ten ( 10) days following the nominations, the interested Members shall rank their top three (3) among all nominated arbitrators, awarding three points to the top choice, two points to the second choice, one point to the third choice and zero points to all others. Each interested Member shall forward its tally to the Secretary, who shall tabulate the points and notify the interested Members of the arbitrator with the highest cumulative score, who shall be the selected arbitrator. The Secretary may also develop procedures for approval by the Members, for selection in the case of tie votes or in order to replace the selected arbitrator in the event such arbitrator declines to act. The arbitration shall be administered in accordance with the procedures set forth in the California Code of Civil Procedure, section 1280, et seq., and of any state or local rules then in effect for arbitration pursuant to said section. Upon completion of arbitration, if the controversy has not been resolved, any Member may exercise all rights to bring a legal action relating to the controversy.
3736631v10 I 21603.0005 17

ARTICLE XIV

MISCELLANEOUS

14.1 Amendments. This Agreement may not be amended except by a written amendment signed by all of the Members.

14.2 Entire Agreement. This Agreement (including the Recitals) constitutes the entire Agreement between the Members and supersedes prior agreements or discussions relating to the matters set forth herein, if any, both written and oral.

14.3 Assignment: Binding on Successors. Except as otherwise provided in this Agreement, the rights and duties of the Members may not be assigned or delegated without the express written consent of the other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement is null and void. Any approved assignment or delegation must be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Members under this Agreement then in effect. This Agreement inures to the benefit of, and shall be binding upon, the successors and permitted assigns of the Members.

14.4 Counterparts. This Agreement may be executed by the Members in separate counterparts, each of which when so executed and delivered is an original, but all such counterparts together constitute the same instrument.

14.5 Governing Law and Venue. This Agreement is governed by the laws of the State of California. Venue for the purposes of filing any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Merced County, California.

14.6 Severability. If any part of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, the remainder of the Agreement remains in effect and the Members shall make best efforts to replace the unlawful, invalid, or unenforceable part of the Agreement with terms to accomplish the Members' original intent.

14.7 Headings. The titles of sections of this Agreement are for convenience only and no presumption or implication of the intent of the Members as to the construction of this Agreement shall be drawn from them.

14.8 Construction. The final form of this Agreement is the result of the Members' combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity is not to be resolved by construing the terms of this Agreement against the drafter.

14.9 Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses submitted by each Member to the Authority's Secretary, or to such other changed addresses communicated to the Authority's Secretary and the Members in writing. For all claims arising from or related to this agreement, nothing in this agreement establishes, waives, or modifies any claims presentation requirements or procedures 3736631v10/ 21603.0005 18

provided by law, including the Government Claims Act (Division 3.6 or Title 1 of the Government Code, beginning with section 810).
14 .10 Signature Authorization. Each Member represents that the representative executing this Agreement on its behalf has been duly authorized to execute the Agreement on behalf of the Member.
3736631v10 / 21603.0005 19

IN WITNESS WHEREOF, the Members have executed this Agreement on the dates indicated next to the signatures attached to this Agreement to be made effective as of the Effective Date.

Dated: _
Dated:
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Dated:
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Dated:
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Dated:
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Dated:
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373663 lvl 0 I 21603.0005

ALISO WATER DISTRICT GSA
Print Name: ----------- P
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itle
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:
-

DELTA-MENDOTA GSA
Print Name: ----------- Print Title: ------------

CITY OF DOS PALOS GSA
Print Name: ----------- Print Title: ------------

CITY OF FIREBAUGH GSA
Print Name: ----------- Print Title: ------------

CITY OF GUSTINE GSA
Print Name:

Print Title:
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------------

CITY OF LOS BANOS GSA
Print Name: ----------- Print Title:
-
20

Dated: ----------
Dated: ----------
Dated: ----------
Dated: ----------
Dated: ----------
Dated: ----------
Dated: ----------
373663lv!0 / 21603.0005

CITY OF MENDOTA GSA
Print Name: ----------- Print Title: -----------

CITY OF NEWMAN GSA
Print Name:
-----------
Print Title: -----------

CITY OF PATTERSON GSA
Print Name:
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Print Title: -----------
COUNTY OF MADERA GSA - DELTAMENDOTA
Print Name: ----------- Print Title: -----------

COUNTY OF MERCED DELTA-MENDOTA GSA
Print Name:
-----------
Print Title: -----------

DMIIGSA
Print Name: ----------- Print Title: -----------

FARMERS WATER DISTRICT GSA
Print Name: ----------- Print Title: -----------
21

Dated: ----------
Dated: ----------
Dated: ----------
3 736631 v IO / 21603.0005

FRESNO COUNTY MANAGEMENT AREA A
GSA
Print Name: ----------- Print Title: -----------

FRESNO COUNTY MANAGEMENT AREA B
GSA
Print Name: ----------- Print Title:
-

GRASSLAND GSA
Print Name: ----------- Print Title:
-
22

Dated:
----------
Dated:
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Dated: ----------
Dated:
-
3736631 vl0 / 21603.0005

NORTHWESTERN DELTA-MENDOTA GSA

STANISLAUS COUNTY
Print Name:
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P
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D
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AS TO FORM
By: -----------

MERCED COUNTY
Print Name:
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Print Title:
--

APPROVED AS TO FORM
By: _

ORO LOMA WATER DISTRICT GSA
Print Name:
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Print Title: -----------

PATTERSON IRRIGATION DISTRICT GSA
Print Name:
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P
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Q
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UIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name: ----------- Print Title: -----------
23

Dated:
----------
Dated: ----------
Dated: ----------
373663 lv!0 / 21603.0005
TURNER ISLAND WATER DISTRICT 2 GSA
Print Name: ----------- Print Title: -----------

WEST STANISLAUS IRRIGATION DISTRICT
GSA 1
Print Name: ----------- Print Title:
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WIDREN WATER DISTRICT GSA
Print Name:
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Print Title: -----------
24

EXHIBIT A

LIST OF MEMBERS

1. Aliso Water District GSA

2. Central Delta-Mendota GSA
(Includes: San Luis Water District, Panache Water District, Tranquillity Irrigation District, Fresno Slough Water District, Eagle Field Water District, Pacheco Water District, Santa Nella County Water District, Mercy Springs Water District, County of Merced, and County of Fresno)

3. City of Dos Palos GSA

4. City of Firebaugh GSA

5. City of Gustine GSA

6. City of Los Banos GSA

7. City of Mendota GSA

8. City of Newman GSA

9. City of Patterson GSA

10. County of Madera GSA- Delta-Mendota

11. County of Merced Delta-Mendota GSA

12. DM II GSA

13. Farmers Water District GSA

14. Fresno County Management Area A GSA

15. Fresno County Management Area B GSA

16. Grassland GSA

17. Northwestern Delta-Mendota GSA

18. Oro Loma Water District GSA

19. Patterson Irrigation District GSA

20. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company)

21. Turner Island Water District-2 GSA

22. West Stanislaus Irrigation District GSA 1

23. Widren Water District GSA
3736631v10/ 21603.0005 25

EXHIBITB

BOARD OF DIRECTORS REPRESENTATIVES & PARTICIPATION PERCENTAGES Board of Directors Representatives (alphabetically) Participation Group Contact Agency Percentage
1 Aliso Water District GSA Aliso Water District GSA 1/7 Aliso Water District GSA
2 Central Delta-Mendota GSAs Group Central Delta-Mendota GSA 1/7 Central Delta-Mendota GSA
Oro Loma Water District GSA
Widren Water District GSA
3 Farmers Water District GSA Farmers Water District GSA 1/7 Farmers Water District GSA
4 Fresno County Management Area A and B Fresno County GSAs Group 1/7 Fresno County Management Area A GSA
Fresno County Management Area B GSA
5 Grassland GSAs Group Grassland Water District 1/7
Grassland GSA
Merced County Delta-Mendota GSA
6 Northern Delta-Mendota GSAs Group West Stanislaus Irrigation District 1/7 City of Patterson GSA
DM-11 GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
San Joaquin River Exchange Contractors GSAs San Joaquin River Exchange 7 Group Contractors GSA 1/7
City of Dos Palos GSA
City of Firebaugh GSA
City of Gustine GSA
City of Los Banos GSA
City of Mendota GSA
City of Newman GSA
County of Madera GSA-Delta-Mendota
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSA
Turner Island Water District-2 GSA
3736631 vl0 / 21603.0005 26

ITEM NO. 9

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Adoption of the Delta-Mendota Subbasin Domestic Well Mitigation Policy
STRATEGIC PLAN GOALS: 5. Robust Infrastructure

BACKGROUND
The Sustainable Groundwater Management Act (SGMA) requires sustainable groundwater management across California by 2040. The Delta-Mendota Subbasin, covering nearly 1,200 square miles, includes multiple Groundwater Sustainability Agencies (GSAs) and has established a single Subbasin Groundwater Sustainability Plan (GSP) in compliance with SGMA and the Regional Water Quality Control Board (RWQCB). Minimum Thresholds (MTs) for groundwater levels are set at 2015 seasonal lows, and since adoption of the GSP in 2024, GSAs have maintained groundwater levels above those thresholds.

To safeguard domestic well owners, the Subbasin Coordination Committee developed a Domestic Well Mitigation Policy (Exhibit B) using recommendations from the California Department of Water Resources (DWR) and Self-Help Enterprises's Drinking Water Well Impact Mitigation Program. Per the policy, domestic well are water systems that supply water for domestic or residential use to no more than fourteen service connections.

While dry wells have been relatively rare (fewer than 40 reported replacement applications since 2015 across the entire Subbasin), the Policy provides a "last line of defense" for domestic groundwater users. This is required as part of our adopted GSP and SGMA.

ANALYSIS/DISCUSSION
The Domestic Well Mitigation Policy:
•
•
•
•
•
•
Applies primarily to landowners using groundwater for domestic health and safety purposes as of November 19, 2024 (date of revised GSP adoption).

Establishes a process for well owners to apply for mitigation/assistance if their wells run dry or face water quality degradation caused by Subbasin GSA actions.

Provides for short-term emergency water supplies (bottled water, temporary tanks) within 24--72 hours of application approval.

Outlines long-term mitigation options, including pump modification, deepening of wells, replacement wells, or connection to municipal/community systems.

Includes water quality mitigation for specific contaminants of concern (Nitrate, Gross Alpha, Chromium VI, Arsenic, and 1,2,3-TCP).

Establishes an appeal process through the Delta-Mendota Subbasin

Coordination Committee.
• Creates a Subbasin-wide mitigation fund of $300,000, funded equally by participating GSAs over three years, to provide financial resources for domestic well mitigation.
• Requires periodic review and updates at least every five years.

The City of Gustine, as a member agency within the Delta-Mendota Subbasin, is being asked to adopt this Policy in order to align with the Subbasin's coordinated implementation of its Groundwater Sustainability Plan (GSP).

COMMUNITY OUTREACH
The Policy was developed through extensive public outreach, including: posting on the Subbasin SGMA website for public comment, discussion at multiple GSA and Coordination Committee public meetings, and incorporation of comments into the final adopted GSP.

FISCAL IMPACT
No immediate fiscal impact to the City's General Fund. The Subbasin Mitigation Fund will be financed collectively by the participating GSAs as outlined in the Delta-Mendota Subbasin Memorandum of Agreement (MOA). Costs for implementation, if incurred, will be addressed within the GSA's groundwater management budget.

STRATEGIC PLAN GOALS
The adoption of this policy demonstrates the City's commitment to safeguarding public health, safety, and access to clean drinking water. It also aligns the City of Gustine with all GSAs in the Subbasin in providing consistent and equitable protections for domestic well users.

RECOMMENDATION
Approve the resolution adopting the Delta-Mendota Subbasin Domestic Well Mitigation Policy.

EXHIBIT(S)
A) Resolution
B) Domestic Well Mitigation Policy Final Draft

RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADOPTING THE DELTAMENDOTA SUBBASIN DOMESTIC WELL MITIGATION POLICY WHEREAS, the California Legislature enacted the Sustainable Groundwater Management Act (SGMA) in 2014, requiring local agencies to achieve sustainable groundwater management by 2040; and
WHEREAS, the City of Gustine lies within the Delta-Mendota Subbasin, a critically important groundwater resource spanning approximately 1,200 square miles; and WHEREAS, the Groundwater Sustainability Agencies (GSAs) within the DeltaMendota Subbasin have coordinated to adopt a single Subbasin Groundwater Sustainability Plan (GSP), establishing thresholds to maintain groundwater levels above 2015 seasonal lows; and
WHEREAS, the Delta-Mendota Subbasin Domestic Well Mitigation Policy has been developed by the Subbasin Coordination Committee to protect domestic well users from potential impacts caused by groundwater level declines or water quality degradation resulting from groundwater management actions; and
WHEREAS, the Policy provides a clear and equitable process for domestic well owners to apply for assistance, including emergency water supplies, technical evaluation, and long-term solutions such as pump modification, well deepening, replacement wells, or connections to municipal/community systems; and WHEREAS, the Policy further establishes funding mechanisms, water quality protections, and an appeal process to ensure consistent application across the Subbasin; and
WHEREAS, the City of Gustine, as a member agency in the Delta-Mendota Subbasin, desires to formally adopt the Domestic Well Mitigation Policy to safeguard domestic well users and align with regional groundwater sustainability efforts.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Gustine that the City Council hereby adopts the Delta-Mendota Subbasin Domestic Well Mitigation Policy, attached hereto as Exhibit A and incorporated herein by reference. The City Manager, or designee, is authorized to take all necessary steps to implement and administer the Policy in coordination with the Delta-Mendota Subbasin Coordination Committee and participating GSAs. This resolution shall take effect immediately upon adoption.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 7th day of October, 2025, and the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Melanie Correa, City Clerk
City of Gustine
APPROVED:

Patrick Nagy, Mayor
City of Gustine

Delta-Mendota Subbasin
Domestic Well Mitigation Policy
Adopted: , 2025
The Groundwater Sustainability Agencies (GSAs) in the Delta-Mendota Groundwater Subbasin (Subbasin) have historically worked with disadvantaged communities to improve drinking water access.

For example, the San Joaquin River Exchange Contractors have provided drinking water to the City of Dos Palos for nearly I00 years, because groundwater extracted in Dos Palos has historically been too salty for potable use. Nonetheless, the GSAs realize more must be done to ensure that domestic well users in the Subbasin do not face undesirable impacts from groundwater level depletion during implementation of the Delta-Mendota Groundwater Sustainability Plan (GSP), in compliance with the Sustainable Groundwater Management Act (SGMA).

This Domestic Well Mitigation Policy (Policy) was developed by the Delta-Mendota Subbasin Coordination Committee considering recommendations found in the following two public documents:

Framework for a Drinking Water Well Impact Mitigation Program (Self Help Enterprises, et al.) and Considerations for Identifying and Addressing Drinking Water Well Impacts (CA Dept. of Water Resources).

Policy Purpose
This Policy will consider impacts to domestic wells, as well as water systems that supply water for domestic or residential use to no more than fourteen (14) service connections, using groundwater wells.

Individual GSAs within the Subbasin may consider including additional well uses within their jurisdictional boundaries.

The purpose of the Policy is to mitigate the effects that may be felt by domestic water users whose wells have gone dry or are in imminent threat of going dry due to groundwater levels dropping as a result of groundwater management in the Subbasin. Subject to specific conditions, this Policy also addresses mitigation for water quality for domestic well users.

Pursuant to the single Subbasin Groundwater Sustainability Plan (GSP), Minimum Thresholds (MTs) for lowering of groundwater levels across the Subbasin are set at 2015 seasonal low groundwater levels.

This means GSAs in the Subbasin are already committed to maintaining groundwater levels above what was measured in 2015 ('The plan may, but is not required to, address undesirable results that occurred before, and have not been corrected by, January 1, 2015." (CWC $10727.2(b)(4)). Since implementation of the Subbasin's original GSPs began in 2020, GSAs in the Subbasin have successfully avoided undesirable results that would occur by water levels dropping below 2015 seasonal lows. This Policy is meant to serve as a last line of defense to protect domestic groundwater users in the unlikely event that the Sub basin GSAs' efforts fail to maintain those groundwater levels above the MT s.

Data from the California Department of Water Resources (DWR) and county records indicates that since 2015, counties within the Delta-Mendota Subbasin have received a total of only 37 well replacement applications.
1 However, as DWR notes on its website, their data comes from self-reporting on DWR's Dry Well Reporting System, and some GSA representatives receive reports of dry wells directly from users. In these cases, groundwater users were responding directly to GSA representatives, because some GSA members (e.g.. water districts and/or irrigation districts) have been engaging in well mitigation activities without formal policies or programs in their individual service areas prior to SGMA's enactment in 2015.

California's Groundwater Live: Well Infrastructure (https://sgma.water ca.go/CalGWLive/#wells). 3738036v7 I 21603.ooos 1

Well replacement applications were identified on the Merced County Environmental Health Department's list of domestic well permits issued for "out of water" or "low water" wells and on Stanislaus County's voluntary well reporting system. The applicable counties reported that there were two well permits identified in the Subbasin portion of Fresno County and zero from the Subbasin portion of Madera County. As mentioned above, it is unknown whether this total number includes any dry wells not reported to DWR.

Merced County permits do not disclose whether or not those reported dry wells were "out of water" due to lowered groundwater levels, collapse or other mechanical failure, or some other reason. Of the 12 well permit applications submitted to the Stanislaus County system for the Subbasin since 20l, four were reported as dry wells, six were either undefined or outage reports, and two were other issues including well casing failure and/or sediment intrusion. Of the two replacement well permit applications for the Fresno County portion of the Subbasin, one was an agricultural production well, not a domestic supply well. There is no indication of the reason for the well replacement requests.

In summary, during the last IO years, fewer than 40 wells across the nearly 1,200 square miles of the Subbasin have been reported dry or applied for replacement. Though it is known that not all of those were drinking water wells, the exact number of drinking water wells replaced since 201 is unknown due to a lack of information collected on the replacement well permit applications.

Policy Eligibility
This Policy primarily applies to landowners using groundwater for domestic health and safety supply purposes as of November 19, 2024, the date the revised Subbasin GSP was adopted by all GSAs. Though owners of all types of wells are eligible to file for relief under the Policy, relief is not guaranteed and will be subject to analysis by the applicable GSA where a claim for relief is filed and pursuant to the provisions of Executive Order N-3-23. Well owners must participate or agree to participate in a GSA's Well Registration Policy/Program to be eligible for mitigation, if such a policy exists or is developed.

This Policy does not apply to wells installed after the date of GSP adoption, if the well(s) is/are installed at a screen interval depth shallower than minimum threshold levels or in areas with known degraded water quality conditions, as designated by the applicable GSA.

Public Outreach
Initial stakeholder outreach was conducted during the development of the Policy and the Subbasin single GSP. The Policy was discussed in open and public meetings of the various GSAs and at open and public meetings of the Coordination Committee. A draft of the Policy was posted to the Subbasin's SGMA website (www.deltamendota.org) as both a separate item and as a part of the draft single GSP. The public was able to submit written comments on the Policy and the single GSP through the website.

This Policy was discussed during public meetings designed to secure input on both the Policy and the single GSP. Both verbal and written comments were accepted at the meetings. The comments received were summarized and published on the Subbasin website. Finally, comments on the Policy, as well as responses from the Subbasin Coordination Committee, were addressed in the adopted single GSP, which contains the Policy.

Discussion of the Policy status and implementation will be placed on the Subbasin Coordination Committee meeting agendas no less than quarterly during GSP implementation. Similarly, the Policy may be placed on each of the Subbasin GSAs' governing bodies' agendas at least semi-annually during the first year of sinlg e GSP implementation. The Policy will be available on the Subbasin SGMA website with relevant information such as electronic instructions for filing an application and a form to submit the 3738036v7 / 21603.0005 2

application electronically via the website. GSAs may place the Policy on their own websites or have a link on their websites that directs interested persons to the Subbasin SGMA website.

As part of the GSP's Pumping Reduction Plan (PRP; see Chapter 16 of the GSP), the Subbasin Coordination Committee will review current or projected exceedances of the MT for groundwater levels and water quality reported by GSAs, at regularly scheduled Coordination Committee public meetings. In the event a groundwater level reading or a water quality sample for the GSP's constituents of concern (COC) at a representative monitoring well (RMW) exceeds its respective MTs as a result of GSA actions and projects, GSAs may contact well users/owners within an up to three (3)-mile radius of the RMW to alert them of the MT exceedance and provide them with information and resources in the event their well is impacted. Each GSA has developed criteria, a notification method, and protocols to address such situations within its jurisdictional boundaries. However, typical templates for such notices are provided as attachments to this Policy. An up to three (3)-mile radius was selected because it is consistent with the average radius of coverage of each RMW in the Subbasin.

If the RMW is near the jurisdictional boundary between two or more GSAs, the GSA where the well is physically located will notify the adjacent GSA(s) of the potential impact to well owners located in that adjacent GSA's jurisdictional area. The GSAs will cooperate according to the terms of the Adaptive Management Framework in the Subbasin Memorandum of Agreement (MOA) on any costs associated with notification.

Any notification provided to well users/owners pursuant to the above will include information on this Policy and how and where to file a claim for mitigation. Other information that may be included and/or requested in the notification will be determined by the individual GSAs.

Plan Area
For a full description of the Subbasin Plan Area, please refer to GSP Chapter 5, which may also be found at www.deltamendota.org
Well Completion Report (WCR) records comilped by DWR indicate an estimated 2,295 domestic wells, 81 public supply wells, and l4 other production wells are located in the Subbasin as of November 19, 2024. This DWR dataset is known to have limitations, but is accepted as a conservative estimate of the number of wells installed within the Public Land Survey System (PLSS) sections that fall within the Subbasin. Additionally, this Policy recognizes that it is likely that wells included in DWR's WCR data set:
• May not currently be in use;
• Are inaccurately located; and/or
• Have inaccurate well construction and/or destruction information.

Given these assumptions and limitations, for the purposes of this Policy, the Coordination Committee conservatively estimates that there are 2,890 wells in the Subbasin as of November 19, 2024. From 20l15 to the end of 2024, there have been only 37 known applications for replacement wells in the Subbasin. The reasons for those well replacement applications (e.g., dewatering from over-pumping, mechanical failure, etc.) are unknown.

Monitoring Network
There are 110 wells in the representative monitoring network for water levels for the Subbasin, which the GSAs use to monitor groundwater levels. Of those, 60 wells are in the upper aquifer and 50 wells are in the lower aquifer. There are 85 wells in the representative monitoring network for water quality for the Subbasin, which the GSAs use to monitor groundwater quality. Of those, 46 wells are in the upper aquifer and 39 wells are in the lower aquifer. Most rural domestic drinking water wells are assumed to be 37380367/ 21603.0005 3

in the upper aquifer, while most municipal and small water system supply wells are assumed to be in the lower aquifer. Agricultural wells are known to be in both the upper and lower aquifers, with some being "composite" wells (with screen intervals in both the upper and lower aquifers).

The distribution of domestic supply wells across the Sub basin and distribution of the Subbasin's monitoring network wells provide a suitable framework for evaluating the potential for domestic supply wells to become dewatered due to lowering of groundwater levels or impacted by water quality degradation caused by GSAs' actions and projects. As previously noted in the "Public Outreach" section of this Policy, the Coordination Committee reviews possible. MT exceedances or trends in the representative monitoring network following the requirements of the PRP. This will help GSAs avoid potential dewatering of domestic wells or degrading their water quality beyond MTs within their boundaries as a result of GSA actions and projects.

Using a stochastic predictive modeling process to assess potential well impacts and current MT (2015 water levels) exceedances at 25% of representative monitoring wells, the Subbasin could potentially experience 28 total "production" wells dewatered. That leads to an estimated average of three drinking water wells per year across the Sbbasin during implementation of the GSP through 2040. This estimation supports the approximate current number of replacement well permit applications identified in records from the counties in the Subbasin.

Well Mitigation Process - Water Levels
GSAs will conduct public education and outreach to notify landowners as to how and where to file an application for assistance, and the information that the GSA will require to evaluate the mitigation application. Copies of the application form will be included with education and outreach materials.

Upon receiving a completed application, the receiving GSA, or its representative, will conduct a preliminary review of the application to determine completeness. The applicant will be notified within twenty-four (24) hours, and the GSA will subsequently document such notification, if the application is complete or if there is any further information needed to evaluate the application. If deemed complete and appearing to meet all the requirements to receive assistance, the receiving GSA will provide a shortterm emergency water supply to domestic well users as soon as reasonably possible, and will make all reasonable efforts to do so within twenty-four (24) hours of submission of a complete application. Shortterm emergency water supplies shall consist of the delivery of bottled water and, after a site investigation, the delivery and installation of water tanks on a case-by-case basis at the GSA's discretion; all reasonable efforts made to provide tanked water within seventy-two (72) hours. The GSAs also commit to working with Self Help Enterprises, Valley Water Collaborative, or similar entities, to assist with the feasibility of providing water tanks.

The short-term emergency water supply will be provided by the GSA at the location of the de-watered well. The GSA in which the well is located will be responsible for providing the short-term emergency water supply and the costs for the investigation. However, if it is determined that over-pumping is the result of another GSA, the GSAs will follow the Adaptive Management Framework process regarding cost sharing (Delta- Mendota Subbasin MOA, Article VII, Article X, Article XIU, and/or Exhibit "C").

The GSA( s) may develop a professional well assessment report including, but not limited to: age of the well; well construction information (including pump depth, screening intervals, and pipe type [material]) and thickness; well maintenance information; indication of past well performance and any recent performance changes; any recent changes in well use or related land use; and, other additional information as necessary to determine if the failure is caused by declining water levels and/or GSA projects or groundwater management actions.
37380367/ 21603.0005 4

The GSA's preliminary review of a well mitigation application will consist of all of the following:
• A review of well construction information,
• A review of well and pump maintenance records,
• A review of historic water level data for nearby representative monitoring network wells, • A review of nearby known production well information, • A review of nearby land use and any recent land use changes, and/or • An analysis of nearby conjunctive use activity (if known).

If the nearest representative monitoring network well does not represent water level data that can be used as evidence for consideration of the applicant's claim, a GSA may review additional data from other wells in the monitoring network, or supplemental data from DWR and/or local agencies to support the preliminary review analysis.

If, after completion of the preliminary review, a GSA determines a well is eligible for mitigation, the GSA will measure water levels in the applicant's well and in representative monitoring wells in the area, and will perform a field investigation. To be eligible for mitigation assistance, the applicant must consent to the field investigation/inspection and execute an appropriate release with the GSA. Failure to consent to the field investigation/inspection and/or execute an appropriate release voids the application for mitigation. The field investigation may include, but is not limited to:
• Removing a pump to measure intake depth, well bottom, and static water level, • Conducting a video log,
• Modifying the wellhead to measure static and pumping level, • Investigating the site for consolidation feasibility, and/or • Investigating nearby land and water use.

The field investigation may show the well as ineligible for mitigation. Such criteria indicating ineligibility include, but are not limited to:
• Pump failure,
• Clogged screens,
• Well pipe and/or casing failure or collapse which are unrelated to lowering groundwater levels or other potential GSA actions,
• Other maintenance-related well or pump issues which are unrelated to lowering of groundwater levels or other potential GSA actions, or
• Normal wear and tear based on the age of the well.

The GSA will notify the applicant if the well is ineligible for mitigation and subsequently document such notification. This finding will also be included in the Subbasin's Annual Report.

If the applicant desires to appeal the results of the GSA's investigation, the applicant may do so in writing to the Delta-Mendota Subbasin Coordination Committee. The Coordination Committee shall create an ad hoc committee of no more than three members to review the GSA's written investigation, obtain additional data if necessary, and either ( a) confirm the findings of the GSA, (b) provide guidance to the GSA and request further review by the GSA, or ( c) propose to the Coordination Committee that it adopts its own findings. If the Coordination Committee chooses to adopt its own findings and recommendations, those shall be binding upon the GSA, to the extent allowed by the Memorandum of Agreement.

If, after the field investigation, a GSA determines a well is eligible for mitigation, the GSA will work with the well owner/landowner on a solution appropriate for the site (each, a "Mitigation Measure"). Such Mitigation Measures may include, but are not limited to, the following:
37380367/ 21603.ooos 5

• Lowering the well pump or otherwise modifying pump equipment, • Deepening the well if the existing well has an open bottom, • Installing a new well,
• Assisting landowner with facilitating a connection to an existing municipal or community water system or other water supply, if feasible, or
• Other appropriate mitigation as may be agreed to by both parties.

If the applicant disagrees with the proposed Mitigation Measure(s), a technically qualified third party agreed to by the GSA and applicant may facilitate and recommend a mutually agreeable Mitigation Measure(s). The GSA has the right to identify which Mitigation Measure(s) is optimal on a case-by-case basis. The technically qualified third party's role is to provide a recommendation. The appropriate GSA Board and/or Manager shall approve the application before any well mitigation (other than provision of emergency drinking water) begins.

The applicant must sign a Mitigation and Indemnification (MI) Agreement prior to the GSA commencing the Mitigation Measure. Terms of the MI Agreement will depend on the nature of the Mitigation Measure provided. New wells will be required to meet state and county well drilling standards and comply with Executive Order N-3-23. In order to be eligible for mitigation from a GSA, the MI agreement may stipulate minimum criteria in addition to state and county requirements for new wells as they apply to GSA review and the opinion granted under EO N-3-23. Criteria may include well construction materials, minimum depth beyond 2015 seasonal low groundwater level measurements, and/or screening interval levels, among other potential criteria.

At its discretion and in the event a new well is installed as mitigation for a failed well, the GSA may choose to convert the abandoned well into a monitoring well. Such provision(s) may be included in the MI Agreement and agreed to by both parties. In such a case, the MI Agreement shall grant access by the property owner to the GSA for the monitorni g well for SGMA data gathering and compliance activities, and ownership of the abandoned and converted monitoring well will revert to the GSA. Terms and conditions for access to the monitoring well may be negotiated between the GSA and the well's former owner.

If the well will be abandoned as part of a Mitigation Measure agreed to by the GSA and will not be converted to a monitoring well under SGMA, the cost for sealing/destroying the well shall be borne by the GSA as part of the Mitigation Measure.

Water Quality Mitigation
The Delta-Mendota Subbasin is known to have widespread degraded water quality due to naturally occurring conditions (ie., geology). As such, in coordination with the State Water Resources Control Board (SWRCB), the Delta-Mendota Subbasin GSAs have identified six COCs for consideration in the Basin's GSP development and implementation: Total Dissolved Solids (TDS), Nitrate, Gross Alpha, Chromium VI, Arsenic, and 1,2,3-Trichloropropane (TCP).

The GSAs have identified the following conditions under which domestic well mitigation for water quality and related actions will occur.
• Condition I. If groundwater levels remain above the MTs, which are set at 2015 levels, then additional water quality mitigation beyond what is currently committed to in the GSA's respective PRPs is not required, except pursuant to Condition 2. • Condition 2. If a GSA's implementation of Projects or Management Actions (P/MAs) to achieve sustainability causes water quality degradation beyond the water quality MTs at a domestic well for Nitrate, Gross Alpha, Chromium VI, Arsenic, or l,2,3-TCP (as determined based on the monitoring and management processes laid out in the applicable PRP and the Basin MOA), then 3738036v7 / 21603.0005 6

the GSAs will mitigate the impacted domestic well. Impacts from TDS will be addressed through the complementary CV-Salts program, as detailed in the Memorandum of Understanding with Valley Water Collaborative (VWC MOU).
• Condition 3. If groundwater levels decline below the MTs, which are set at 20l5 levels, and this causes water quality degradation beyond the water quality MT at a domestic well for Gross Alpha, Chromium VI, Arsenic, or 1,2,3-TCP (as determined based on the monitoring and management processes laid out in the applicable PRP and Basin MOA), then the GSAs will mitigate the impacted domestic well. Impacts from Nitrate and TDS will be addressed through the complementary CV-Salts program, as detailed in the VWC MOU. • Condition 4. If groundwater levels remain above MTs, which are set at 20l5 levels, the GSAs will continue to implement the PRPs which include monitoring, management and mitigation commitments, including evaluation of water level and water quality trends to proactively address and avoid water quality impacts to domestic wells from GSA P/MAs.

The application, review, and field investigation process for water quality mitigation shall follow the same procedures established in the Well Mitigation Policy for water levels, including submission requirements, field access and consent, investigation protocols, eligibility criteria, and documentation of findings. GSAs retain the authority to conduct technical investigations consistent with their jurisdictional responsibilities and to determine eligibility for water quality mitigation in accordance with this Policy.

Any short-term or emergency water supply associated with a water quality impact will be provided in accordance with the timelines and procedures outlined in the Well Mitigation Policy for Water Levels.

The right to appeal, the formation and function of an ad hoc committee by the Coordination Committee, and the process for binding decisions shall also apply to water quality mitigation determinations.

Pursuant to the PRPs and the Basin MOA, technical analysis regarding causality will be conducted on behalf of the GSA by a qualified technical professional using statistical and/or field verification and/or modeling approaches. Findings will be presented to the Coordination Committee (or designated subcommittee) for review and concurrence.

If the findings of the technical analysis determine that the water quality impacts in a domestic well were caused by GSA P/MAs, the applicable GSA will fund a total not to exceed cost of $2,500 per impacted domestic well for the installation of a point-of-use reverse osmosis system and up to three (3) years of filter replacements, or other mutually agreed alternative including but not limited to providing bottled water or connection to another existing water system, pursuant to the Ml Agreement described above.

The applicant must sign a MI Agreement prior to the GSA commencing the Mitigation Measure. The current Well Mitigation Fund (which requires replenishment of any used funds) will also be used to support such water quality mitigation.

GSAs in the Delta-Mendota Subbasin desire to mitigate/compensate for legitimate impacts resulting from GSA management actions failing to maintain water levels at or above 2015 seasonal lows. As noted in the "Plan Area" section of this Policy, a total of only 37 replacement well applications were received by counties in the Subbasin since 2015. However, it is unknown how many of those wells, if any, were dewatered due to the groundwater levels falling below 2015 seasonal low levels, or how many of those are wells for domestic use.

Individual GSAs will fund the mitigation of wells within their boundaries upon determining whether Mitigation Measures pursuant to this Policy are appropriate and justified as detailed in the "Well Mitigation Process" section. In some cases, where historical wells are impacted, adjustments may be made for equipment depreciation. All costs to mitigate claimed impacts at a well site will be initially allocated to the applicable GSA where the well is located. 3738036v7 / 21603.ooos 7

In the event of interbasin or intra-basin disagreements for determining responsibility for dewatering of a domestic well, Subbasin GSAs shall follow the Adaptive Management Framework processes as outlined in the executed MOA, including Article VII, Article X, Article XIII, and/or Exhibit C therein.

Though the stochastic predictive modeling indicates no more than three domestic wells in the Subbasin will be dewatered annually due to groundwater management activities, GSAs in the Subbasin will establish a common financial account sufficient to annually mitigate ten (10) domestic wells. A limit of ten (10) wells annually was selected because it reflects the undesirable result for lowering of groundwater levels in the GSP.

Not all GSAs in the Subbasin have domestic wells located within their jurisdictional areas. However, the seven GSA groups that are represented on the Delta-Mendota Subbasin Coordination Committee agree to equally fund a common account to a total of $300,000. Costs to fund this reasonably prudent reserve will be split based on Coordination Committee costs identified in the MOA and will be funded over three (3) years (i.e. $100,000 per year, until the fund reaches $300,000). Funds from the common financial account may be used only for approved Mitigation Measure costs. GSAs receiving funds will be required to repay the total amount withdrawn.

Subject to the provisions in the previous section (Well Mitigation Process), individual GSAs will be responsible for all other costs for implementing this Policy, including but not limited to: preliminary review, a professional well assessment report, a field investigation, and/or emergency water supply expenses. Specific escrow instructions for use of the common account will be developed.

Other Resources
If an application requires immediate action, qualifies only for partial mitigation, or receives no mitigation by a GSA, there are other programs that may assist well owners, especially for rural domestic/de minimus wells.
• Self Help Enterprises has a water sustainability program that includes tank water access, domestic well repair or replacement, and water system connections. Their services are free, based on income eligibility and other qualifications. They may be contacted at 1-559-802-1865 or visit their website at https:/ /www.selfhelpenterprises.org/programs/emergency-services/watersustainability/. • California's Office of Emergency Services recommends residents contact their County Office of Emergency Services to begin the process of seeking assistance with drinking water wells that go dry.
• The State Water Resources Control Board manages the Safe and Affordable Funding for Equity and Resilience (SAFER) Program. The SAFER Program provides assistance with interim drinking water supplies, emergency repairs, technical assistance, administrators, planning, operations and maintenance and construction projects via various funding sources. • Additionally, the GSAs in the Subbasin will commit to working with the existing coalitions and drainage authorities who provide support to domestic well owners whose wells are negatively impacted by water quality degradation.

Summary
This Well Mitigation Policy formalizes a process that landowners and GSAs in the Subbasin have voluntarily subscribed to, in some cases for over 100 years. GSA members do not want the wells of their Recent (5/2/2024) cost estimates for domestic well replacement vary from a low of less than $15,000/well up to $30,000/well.
3738036v7 /21603.0005 8

constituents, employees, neighbors, friends, and families to go dry or otherwise be impacted. That is why GSAs in the Subbasin are committed to keeping groundwater levels above 2015 historic low levels.

This Policy describes the process well owners can follow to apply for mitigation/assistance if their wells go dry or have water quality impacts due to projects or groundwater management actions of the GSAs under SGMA. It specifies the process GSAs across the Subbasin may follow if there are indications that a representative monitoring well is nearing MTs, and the process GSAs and well owners will follow in the event a drinking water well goes dry or has a water quality impact for specific COCs.

As previously noted, since 2015, only 37 replacement well applications were received across the Subbasin.

County records do not indicate whether wells were replaced due to groundwater levels falling or for other reasons. GSAs in the Subbasin are committed to eliminating the need for this Policy by maintaining groundwater levels above 2015 thresholds and managing the Subbasin's groundwater sustainably.

Domestic well owners are encouraged to be aware of information on local groundwater conditions as provided by local GSAs and the State of California. In particular, DWR has a website dedicated to keeping domestic well owners informed about resources needed to maintain and protect domestic water supply. This includes information about well maintenance and other assistance via DWR's "Be Well Prepared" website, which can be found at the following link: Be Well Prepared (ca.gov).

The Delta-Mendota Subbasin Coordination Committee shall review this Policy at least every five (5) years.
3738036v7 I 21603.ooos 9

ITEM NO. 10

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Jami Westervelt, Economic and Community Development Director Kelsey George, Consulting Planner
SUBJECT: Zoning Ordinance Amendment (ZOA) 2025-01: Consideration 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 statutorily exempt from CEQA under Section 21080.17 of the Public Resources Code.

STRATEGIC PLAN GOALS: 2. Community-Based Development

BACKGROUND
On March 26, 2025, the Planning Commission recommended approval of ZOA 2025-01, updating the City's Accessory Dwelling Unit (ADU) ordinance to comply with recent state law changes. The City Council considered the ordinance at its first and second readings, which took place on June 17, 2025, and July 15, 2025, respectively.

At the second reading on July 15, 2025, the Council introduced substantial revisions to Section F (7) - Architectural Requirements, necessitating re-initiation of the legislative process. Therefore, this revised ordinance was required to return to step one of the process, beginning with the Planning Commission recommendation to City Council and culminating in first and second readings and action by Council. Aside from the architectural standards section, which has been modified, all other provisions of the ADU ordinance remain as previously reviewed and discussed by the City Council.

Planning Commission considered this after the writing of this staff report. Staff will provide the Planning Commission comments and recommendations to Council at its meeting.

ANALYSIS/DISCUSSION
The Council's revisions to the Architectural Requirements are intended to:
• Clarify standards for roof slope, materials, and colors. • Clarify objective privacy measures (window/door placement, frosted glass, fencing).
• Establish minimum interior dimensions and wall height as 8-feet.

A redlined version of the proposed ordinance is provided in Exhibit A, showing the revised draft language against the version previously presented to Council July 15, 2025.

Variances
At the July 15 City Council meeting, Council asked if ADU applicants could apply for

variances and specifically for allowable maximum square footage. Applicants can apply for a variance for ADUs, including to total square footage maximums, by going through the variance process. However, variance approval requires that the City find that the applicant's property has special circumstances that "denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district."
The variance process requires the applicant pay a nonrefundable fee and adds a minimum of a month for the process, which includes publishing the notice in the newspaper and mailing to properties within specific distance to the applicant's parcel.

Variance requests also create additional City workload.

Given the requirement that unique circumstances exist for a variance to be granted, and the allowances already provided under State law for ADUs, staff believes there are very few situations in which such findings for a variance could be supported-particularly with respect to height and overall square footage.

Staff recommends that the Council at the first reading discuss and confirm maximum height and square footage standards to include in the Ordinance. At present, the maximum height is 16 feet, with maximum floor areas of 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a two-bedroom unit (ADUs with more than two bedrooms are not currently permitted).

While variances provide a mechanism for the City to provide relief in specific circumstances that are unique to a property, removing a need for variance outside of truly special circumstances provides clarity to applicants, streamlines the approval process and removes unnecessary costs to applicants.

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
On or before September 26, 2025, a Notice of Public Hearing was published in the paper of record. At the time this staff report was written, no comments had been received. Additionally, a public hearing notice was published 10-days prior to the ADU Ordinance being heard before the Planning Commission meeting September 24, 2025.

PLANNING COMMISSION
Planning Commission was slated to hear this item on Wednesday, September 24, 2025, during its regular meeting. At this writing, the meeting has not taken place. Staff will provide a summary of the Commission's comments and recommendation to the City Council during the Council hearing on the item.

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 stays 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 first reading and introducing an Ordinance , which upon adoption will approve ZOA2025-01, 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 finds the action to be statutorily exempt from CEQA under Section 21080.17 of the Public Resources Code.

EXHIBIT(S)
A) Proposed ADU Ordinance, redline
B) Ordinance 2025-XX
APPROVED BY: _
Soknirorn Than, City Manager

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 55 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 5 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 (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 applicable 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 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 within 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 familysingle-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).

Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)

6. Utilities 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 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.
c. All ADUs shall require separate solid waste service.

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 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.

Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)

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 (Fl must conform to 4-foot side and rear setbacks.

ADUs that are subject to this subsection (Fl 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.

Created: 2024-07-25 12:05:10 [EST]
(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, except,
i. If_the_existing primary dwelling roof is-not fire-rateddoesnot meet minimum current building code standards or isnot fire rated,otherany fire rated-roof material roof types that do meet those requirements will be acceptable. The alternative roof material utilized must be that matchesof the same materialtype (e.g. tile, comp shingle, shake) color and appearance of the- primary dwelling to_be willbe acceptable and-permitted,
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.

I_All windows-and doors in an ADU less -than 3 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 Gr obscure glass.Each window or door with a potential direct line of site to an adjoining residence shall utilize one or more of the following screening measures:
(Supp. No. 6)
i. Locate all windows and doors where there is no direct line of site to an adjoining residential use;
Created: 2024-07-25 12:05:10 [EST]

ii.
iii.

Utilize clerestory windows on building planes that would have a direct line of site to an adjoining residential use;
Utilize frosted or otherwise obscured glass on building planes that would have a direct line of_site to an adjoining residential use;
i. Construct8-foot perimeter fence_where_the direct line of site to the adjoining property exists_-To utilize this screening method, the developer/applicant shall submit a visual simulation pr sightline exhibit demonstrating that the proposed fence will provide_adequate screening

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.
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§ 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 ADUs 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)(8) 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.

Created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)

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. 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, 5 3(Exh. A), 2-4-20; 0rd. No. 504, 5 3(Exh. A), 3-17-20) Editor's note(s)-Ord. No. 479, § 10, adopted Mar. 6, 2018, repealed the former 5 4-44-140, and enacted a new 5 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.
created: 2024-07-25 12:05:10 [EST]
(Supp. No. 6)

ORDINANCE 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE AMENDING CHAPTER 4- 44, SECTION 4-44-140 OF THE GUSTINE ZONING AND SUBDIVISION CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING 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 $B 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 l of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, 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 September 24, 2025 in which the Commission approved a Resolution recommending the City Council approve this Zoning Ordinance Amendment (ZOA) 2025-0 l; WHEREAS, in accordance with the GMC Section 4-78-020, the City Clerk caused the legal advertisement to be published as is required by law ten (10) days prior to the City Council hearing date; and
WHEREAS, in accordance with the GMC Chapter 4-78, the City Council held a duly noticed 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 by 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. Section 4-44-140 of Chapter 4-44 of Title 4 of the City of Gustine Zoning and Subdivision Code is hereby amended as set forth in Attachment "A," incorporated herein by reference.

Section 3. CEQA Findings. The City Council finds the adoption of this ordinance is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17.

Section 4. Severability. If any section, subsection, clause, or phrase of this ordinance or its application is held invalid, the remainder of this ordinance and its application shall not be affected. The City Council declares it would have adopted this ordinance irrespective of the invalid portion.

Section 5. Publication. The City Clerk shall certify to the passage of this ordinance and cause it, or a summary of it, to be published in accordance with 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 ADOPED this _day of 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Patrick Nagy, Mayor
City of Gustine
ATTEST:

Melanie Correa, Deputy City Clerk
City of Gustine

ITEM NO. 11

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Jami Westervelt, Economic & Community Development Director Kelsey George, Consulting Planner
SUBJECT: General Plan Amendment (GPA) 2024-01: Consideration of a Resolution Re-Adopting the 2024-2032 Merced County MultiJurisdictional Housing Element, and Appendix D: City of Gustine 2024-2032 Merced County Multi-Jurisdictional Housing Element Update, as Revised and Determined in Substantial Compliance by the California Department of Housing and Community
Development (HCD); and Finding the Re-Adoption Exempt from CEQA Pursuant to CEQA Guidelines Section 15061 (b )(3)
STRATEGIC PLAN GOALS: 2. Community-Based Development

BACKGROUND
The State of California requires each jurisdiction to adopt a Housing Element every eight years, pursuant to Government Code §65580 et seq. The Housing Element is a mandatory chapter of the City's General Plan and must be updated to address existing and future housing needs, identify adequate sites for housing, and establish goals and programs for implementation.

The following summarizes the City's actions and HCD review process leading up to the current request for re-adoption:
• January 17, 2025 - Planning Commission recommended approval of the 2024- 2032 Housing Element
• January 20, 2025 - City Council adopted the Housing Element • February 3, 2025 - Adopted Housing Element submitted to HCD for 60-day review • March 14, 2025 - HCD provided preliminary comments
• April 3, 2025 - HCD issued formal comment letter
• May 20, 2025 - Council reviewed proposed revisions in response to HCD's formal comments prior to formal resubmittal
• July 25, 2025 -- Revised Housing Element resubmitted to HCD • August 25, 2025 - HCD issued letter of substantial compliance, triggering requirement for formal City re-adoption prior to certification On August 25, 2025, HCD issued a letter finding the revised Housing Element in substantial compliance with State law. To complete the process and achieve certification, the City must formally re-adopt the revised Housing Element. Accordingly, the revised Housing Element went before the Planning Commission for recommendation and now to the City Council for approval.

ANALYSIS/DISCUSSION
The revised Housing Element incorporates HCD's requested changes, including updates to programs, policies, and timelines to demonstrate compliance with State Housing Element law. No new sites or rezoning actions have been added since the original adoption; however, revisions are substantive enough to warrant re-adoption. Under Government Code §§65354-65355, Planning Commission is required to review and provide a recommendation prior to City Council action on a General Plan amendment. At the time of preparation of this staff report, the Planning Commission had not yet met to consider the Housing Element re-adoption. Staff will provide recommendations and comments from the Commission to Council at its meeting.

Re-adoption of the Housing Element will position the City to receive certification from HCD, ensuring continued eligibility for State housing and infrastructure funding programs.

FINDINGS
Pursuant to Gustine Municipal Code Section 4-76-080, the review authority must make the following findings when recommending approval of a General Plan Amendment:
1 . The amendment is internally consistent with all other provisions of the General Plan.

The revised Housing Element has been prepared as a mandatory element of the General Plan and maintains consistency with all other adopted elements, including Land Use, Safety, and Environmental Justice.

2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Re-adoption of the Housing Element ensures the City remains in compliance with State Housing Element law, maintains eligibility for State funding programs, and advances policies that support the community's housing needs, thereby protecting the public interest and welfare.

3. The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

This finding is not applicable because the Housing Element is a policy document that guides future development as opposed to proposing specific development on a specific site.

For the reasons listed above, staff finds that the required findings can be made and recommends approval of the revised Housing Element.

EVIRONMENTAL FINDINGS
An Addendum to the City's certified General Plan Environmental Impact Report (EIR) was previously prepared and adopted in connection with the adoption of the Housing Element, which analyzed potential environmental effects of the Housing Element along with the associated rezonings and related General Plan and zoning amendments.

The current action involves the re-adoption of the revised Housing Element. The revisions are limited in scope and do not introduce new or more severe environmental impacts

beyond those previously evaluated in the Addendum. It can be seen with certainty that the re-adoption will not result in a significant effect on the environment. Therefore, the project is exempt from further environmental review under the common sense exemption pursuant to CEQA Guidelines § 15061 (b) (3).

COMMUNITY OUTREACH
On September 24, 2025, a Notice of Public Hearing was published in the paper of record. At the time this staff report was written, no comments had been received.

Additionally, a public hearing notice was published l 0-days prior to the Planning Commission meeting discussion on the Housing Element, which was open to the public.

PLANNING COMMISSION ACTION
Planning Commission was slated to hear this item on Wednesday, September 24, 2025, during its regular meeting. At this writing, the meeting has not taken place. Staff will provide a summary of the Commission's comments and recommendation to the City Council during the Council hearing on the item.

FISCAL IMPACT
There are no direct fiscal impacts associated with this item.

STRATEGIC PLAN GOALS
Re-adoption of the Housing Element ensures the City of Gustine maintains compliance with State Housing Element Law and continues to provide a clear framework for meeting the community's housing needs. This action advances the City's Strategic Plan by supporting Goal #2- Community-Based Development, particularly the objectives to enhance the sense of community and balance jobs and housing.

RECOMMENDATION
Staff recommends the City Council approve the attached Resolution, re-adopting the 2024-2032 Merced County Multi-Jurisdictional Housing Element, and Appendix D: City of Gustine 2024-2032 Merced County Multi-Jurisdictional Housing Element Update, as revised and determined in substantial compliance by the California Department of Housing and Community Development (HCD); and finding the re-adoption exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3}.

EXHIBIT(S)
A) 2024-2032 Merced County Multi-Jurisdictional Housing Element B) Appendix D: City of Gustine 2024-2032 Merced County Multi-Jurisdictional Housing Element Update
C) Resolution
APPROVED BY:

Soknirorn Than, City Manager

GUSTINE CITY COUNCIL AGENDA ITEM #11
GENERAL PLAN AMENDMENT 2024-01;
EXHIBIT A – 2024-2032 Merced County Multi-Jurisdictional Housing Element Exhibit can be located here (please copy and paste link into your browser):
https://tinyurl.com/ytzn7zkt

GUSTINE CITY COUNCIL AGENDA ITEM #11
GENERAL PLAN AMENDMENT 2024-01;
EXHIBIT B – Appendix D: City of Gustine 2024-2032 Merced County MultiJurisdictional Housing Element Update Exhibit can be located here (please copy and paste link into your browser):
https://tinyurl.com/4ysaaajs

RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE RE-ADOPTING THE 2024- 2032 MERCED COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT, AND APPENDIX D: CITY OF GUSTINE 2024-2032 MERCED COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE (GPA 2024-01), AS REVISED AND DETERMINED IN SUBSTANTIAL COMPLIANCE BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD); AND

FINDING THE RE-ADOPTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, the California Legislature has found that California faces a housing supply and affordability crisis of historic proportions, and that local governments must effectively and aggressively plan for housing to meet the needs of all economic segments of the community (Gov. Code §65589.5); and
WHEREAS, State Housing Element Law (Gov. Code §§65580 et seq.) requires every jurisdiction to adopt a Housing Element as part of its General Plan for each eightyear cycle; and WHEREAS, the City of Gustine's Regional Housing Needs Allocation (RHNA) for the Sixth Cycle is 346 units across all income categories; and WHEREAS, adoption of the Housing Element constitutes a General Plan Amendment under Gov. Code §§65350 et seq.; and
WHEREAS, the Planning Commission recommended adoption of the 2024-2032 Housing Element on January 17, 2025, and the City Council adopted it on January 20, 2025; and
WHEREAS, the Housing Element was submitted to HCD on February 3, 2025, after which HCD provided preliminary comments on March 14, 2025, and formal comments on April 3, 2025. The City revised the Housing Element in response and resubmitted on July 25, 2025; and
WHEREAS, on August 25, 2025, HCD issued a letter finding the Housing Element in substantial compliance with State law, contingent upon formal readoption by the City; and
WHEREAS, based on factors including development and economic trends, the existing uses on the sites identified in the Housing Element's site inventory to accommodate the lower-income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the Housing Element; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City previously prepared and adopted an Addendum to the certified General Plan EIR in accordance with CEQA Guidelines§ 15164 for the adoption of the Housing Element; and

WHEREAS, the current readoption of the Housing Element involves only minor revisions that do not introduce new or more severe environmental impacts, and it can be seen with certainty that the readoption will not result in a significant effect on the environment, such that the action is exempt from further review under the common sense exemption pursuant to CEQA Guidelines § 15061(b)(3); and WHEREAS, held a duly noticed public hearing on September 24, 2025 in which the Commission approved a Resolution recommending the City Council approve General Plan Amendment 2024-01; and
WHEREAS, the City Council has the authority to review recommendations of the Planning Commission and take actions concerning General Plan Amendments generally and GPA2024-01 specifically; and
WHEREAS, in accordance with the GMC Section 4-78-020, the City Clerk caused the legal advertisement to be published as is required by law ten ( 10) days prior to the City Council hearing date; and
WHEREAS, in accordance with the GMC Chapter 4-78, the City Council held a duly noticed public hearing at which the Council received a staff report and related information, and considered public testimony regarding the general plan amendment; and
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve General Plan Amendment GPA 2024-01, re-adopting the 2024-2032 Merced County Multi-Jurisdictional Housing Element, and Appendix D: City of Gustine 2024-2032 Merced County Multi-Jurisdictional Housing Element Update, as revised and determined in substantial compliance by the California Department of Housing and Community Development (HCD), and finds that:

A. All facts set forth in the recital are true and correct, and are incorporated herein by reference.

B. Environmental Finding.

The City Council finds that, although an Addendum to the certified General Plan EIR was previously prepared in accordance with CEQA Guidelines Section 15164 for the adoption of the Housing Element, the current action involves only the readoption of the revised Housing Element. The revisions are limited in scope and it can be seen with certainty that the readoption will not result in a significant effect on the environment. Therefore, the project is exempt from further environmental review under the common sense exemption pursuant to CEQA Guidelines Section 15061 (b) (3).

C. Gustine Zoning Code Findings.

The City Council determines GPA 2024-01 meets the required Zoning Code Findings as outlined in Section 4-76-080(A):
• The amendment is consistent with all other provisions of the General Plan.

• The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. • The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 7th day of October, 2025, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Patrick Nagy, Mayor
City of Gustine
ATTEST:

Melanie Correa, City Clerk
City of Gustine

ITEM NO. 12

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY:

SUBJECT:

Jami Westervelt, Economic & Community Development Director Kelsey George, Consulting Planner,
General Plan Amendments (GPA2025-01 and GPA2025-02):

Consideration of Resolutions Approving GPA2025-01, which Incorporates a New Environmental Justice Element; and
GPA2025-02 which Amends the Existing Safety Element; and Incorporate Both into the Gustine General Plan (city-wide); and Finding the Projects Exempt from CEQA pursuant to CEQA
Guidelines Section 15061 (b )(3)
STRATEGIC PLAN GOALS: 2. Community-Based Development

5. Robust Infrastructure

BACKGROUND
The State of California mandates that the City of Gustine regularly update its Housing Element (HE) as part of its General Plan. As a result of the current Housing Element update, the City is also required to update its Safety Element to address climate adaptation, wildfire risks, and other hazards per Senate Bill (SB) 379 and Government Code § 65302(g).

Additionally, because multiple General Plan elements are being updated concurrently, the City must incorporate an Environmental Justice Element into the process, as required by Senate Bill (SB) l 000 and Government Code§ 65302(h). This ensures that disadvantaged communities are considered in planning efforts and provided with equitable access to resources, healthy environments, and community engagement opportunities.

ANALYSIS/DISCUSSION
Beginning in 2023, the City began work on both the Safety and Environmental Justice Elements for the Gustine General Plan concurrent with other long range planning efforts, including the Housing Element.

Environmental Justice -GPA2025-01
The Environmental Justice (EJ) Element of the City of Gustine (Exhibit A) is a brand-new addition to the Gustine General Plan and will be incorporated as a new chapter once adopted. It has been prepared in accordance with Senate Bill 1000 (SB 1000), the Planning for Healthy Communities Act, which requires cities with Disadvantaged Communities (DACs) to address EJ in their General Plans. The City of Gustine, which qualifies as a DAC based on its CalEnviroScreen score of 84, has developed a

standalone EJ Element to integrate policies and goals focused on reducing environmental and health disparities.

The EJ Element is closely tied to other General Plan elements, including Housing, Land Use, Circulation, and Air Quality, as planning decisions in these areas directly impact public health and environmental justice. The EJ Element addresses issues such as pollution exposure, access to public facilities, and safe housing from the perspective of public health and environmental justice communities.

This Element builds upon existing goals and policies while introducing new initiatives tailored to the needs of Gustine's DAC, including actions to reduce pollution exposure and promote equitable development. Additionally, the City conducted community workshops and surveys to ensure meaningful engagement with residents, with input shaping the content of the EJ Element.

Safety Element - GPA2025-02
The Safety Element of the City of Gustine (Exhibit B) is an update and revision of an existing element and has been prepared in accordance with State Law. The purpose is to reduce hazards to public health and safety by identifying and addressing natural and human-caused risks. It outlines policies and guidelines to protect residents, infrastructure, and the local economy from injury, death, and property damage, focusing on hazards like seismic activity, flooding, wildfire, and climate change. The Safety Element is designed to minimize conflicts and ensure consistency with other city plans, including the Merced County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) and the City of Gustine Emergency Operations Plan (EOP). The Safety Element provides a high-level framework for public safety, while the MJHMP focuses on specific mitigation actions, and the EOP guides operational protocols during emergency situations.

The Safety element emphasizes collaboration with relevant agencies to manage risks, especially those related to flooding and wildfire, and to assess the long-term impacts of climate change. It also coordinates with other General Plan Elements, such as the Public Facilities Chapter, to address emergency operations and safety concerns comprehensively. The goal is to reduce risks to acceptable levels through proactive planning and mitigation strategies, ensuring a unified approach to public safety across the City.

FINDINGS
Pursuant to Gustine Municipal Code Section 4-76-080, the review authority must make the following findings when recommending approval of a General Plan Amendment:
1 . The amendments are internally consistent with all other provisions of the General Plan.

GPA2025-01 and GPA2025-02 were initiated and developed pursuant to State law and are internally consistent with all other provisions of the General Plan. The adoption of the EJ Element and the update of the Safety Element are intended to complement the policies and goals of the existing General Plan elements, including the recently adopted Housing Element, as well as the existing Land Use and Circulation Elements. Both elements are designed to work in coordination with other planning documents to provide a cohesive, integrated approach to

community safety, health, and resilience.

2. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

GPA2025-01 and GPA2025-02 are proposed in compliance with State law to further the public interest, health, safety, convenience, and welfare of the City, and will not be detrimental to it. The programs and policies outlined in both elements are designed to enhance the City's ability to protect public health and safety from a variety of natural and human-caused hazards, as well as to ensure equitable access to development opportunities.

3. The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

GPA2025-01 and GPA2025-02 do not propose any physical development, but instead establish policy guidance for future land use decisions within the City.

Therefore, this finding is not applicable.

For these reasons, staff finds that the required findings can be made and recommends approval of GPA2025-01 (EJ) and GPA2025-02 (Safety).

EVIRONMENTAL FINDINGS
An Addendum to the City's certified General Plan Environmental Impact Report (EIR) was previously prepared and adopted in connection with the adoption of the Housing Element, which analyzed the Safety and Environmental Justice Elements along with associated rezonings and related General Plan and zoning amendments.

The current action involves the adoption of the Safety and EJ Elements, which is consistent with the scope of the previously adopted Addendum. It can be seen with certainty that adoption of these elements will not result in a significant effect on the environment. Therefore, the project is exempt from further environmental review under the common sense exemption pursuant to CEQA Guidelines § 15061 (b) (3).

COMMUNITY OUTREACH
The City organized and coordinated a series of public outreach opportunities to seek input on various long range planning activities. The series of outreach efforts sought specifically to collect input in the Draft Safety Element and updates to the Housing and EJ Elements.

Outreach began in October 2023 with the launch of the project webpage on the City's website. The City held a series of community workshops at different times and days and circulate a community survey that was available online and as a hard copy. The bulk of outreach concluded with a joint Planning Commission and City Council workshop to review the recommended goals, policies, and programs in October 2024.

In addition to public outreach outlined above, the draft documents were also routed to City departments for review and comment.

Finally, on or before September 26, 2025, a Notice of Public Hearing was published in the paper of record. At the time this staff report was written, no comments had been received.

PLANNING COMMISSION ACTION
On July 23 2025, the Planning Commission held a duly noticed public hearing to consider the proposed Safety Element and Environmental Justice Element. The Commission adopted separate resolutions recommending the Council approve both elements. Both actions were adopted unanimously by the Commission.

FISCAL IMPACT
There are no direct fiscal impacts associated with this item.

STRATEGIC PLAN GOALS
Adoption of the Environmental Justice Element and Safety Element advances multiple goals of the City of Gustine's Strategic Plan 2025-2028. The Environmental Justice Element advances Goal #2- Community-Based Development by enhancing livability and inclusivity across neighborhoods. The Safety Element directly supports Goal #5-- Robust Infrastructure by integrating hazard mitigation into infrastructure and service planning.

RECOMMENDATION
Staff recommends the City Council adopt the following resolutions approving GPA2025- 01 and GPA2025-02:

1. A resolution approving GPA2025-01, which adopts the Environmental Justice Element and incorporates it into the City of Gustine General Plan, and finds the project exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3); and

2. A resolution approving GPA2025-02, which repeals the existing Safety Element and adopts the revised Safety Element, incorporating it into the City of Gustine General Plan, and finds the project exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).

EXHIBIT(S)
A) Environmental Justice Element
B) Safety Element
C) Resolution (Environmental Justice Element)
D) Resolution (Safety Element)
APPROVED BY: _
Soknirorn Than, City Manager

GUSTINE CITY COUNCIL AGENDA ITEM #12
GENERAL PLAN AMENDMENT 2025-01;
EXHIBIT A – Environmental Justice Element, Administrative Draft Exhibit can be located here (please copy and paste link into your browser):
https://tinyurl.com/9ydck7ze

GUSTINE CITY COUNCIL AGENDA ITEM #12
GENERAL PLAN AMENDMENT 2025-02;
EXHIBIT B – Safety Element Administrative Draft
Exhibit can be located here (please copy and paste link into your browser):
https://tinyurl.com/45jyv2nw

RESOLUTION 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING GENERAL PLAN AMENDMENT (GPA) 2025-01 ADOPTING THE ENVIRONMENTAL JUSTICE ELEMENT WHEREAS, General Plan Amendment 2025-0 l incorporates appropriate amendments to the City of Gustine General Plan addressing the Environmental Justice Element as required by State law; and
WHEREAS, recent legislation, including SB 1000, requires Disadvantaged Communities to address EJ in their General Plans; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City previously prepared and adopted an Addendum to the certified General Plan EIR in accordance with CEQA Guidelines § 15164 for the adoption of the Housing Element; and
WHEREAS, the current adoption of the Environmental Justice Element involves no new development proposals and does not introduce new or more severe environmental impacts beyond those analyzed in the Addendum, and it can be seen with certainty that the adoption will not result in a significant effect on the environment, such that the action is exempt from further review under the common sense exemption pursuant to CEQA Guidelines§ 15061 [b) [3); and
WHEREAS, the Environmental Justice Element has been prepared in compliance with applicable State Law and address the applicable mandatory and statutory requirements; and
WHEREAS, the Environmental Justice Element is consistent with all of the other elements of the General Plan, in that it does not require any significant changes to the other elements of the General Plan or recommend policies and programs that would contradict the goals and policies contained therein; and WHEREAS, the California Government Code Section 65353 and 65354 require that prior to the adoption of any proposed amendment to the General Plan, the Planning Commission shall first review and recommend to the City Council the adoption of any such proposed amendment; and
WHEREAS, on July 23, 2025, the Planning Commission held a duly noticed public hearing, received staff's presentation and public testimony, and adopted a Resolution recommending approval of GPA 2025-01 to the City Council; and WHEREAS, in accordance with the GMC Section 4-78-020, the City Clerk caused the legal advertisement to be published as is required by law ten ( l 0) days prior to the City Council hearing date; and

WHEREAS, in accordance with the GMC Chapter 4-78, the City Council held a duly noticed public hearing at which the Council received a staff report and related information, and considered public testimony regarding the general plan amendment.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gustine hereby approves General Plan Amendment GPA 2025-01 and adopts the Environmental Justice Element, which shall be incorporated into the City of Gustine General Plan, and finds that:

A. All facts set forth in the recital are true and correct, and are incorporated herein by reference.

B. Environmental Finding.

The City Council finds that an Addendum to the certified General Plan EIR was previously prepared and adopted in accordance with CEQA Guidelines § 15164 in connection with the Housing Element. The adoption of the Environmental Justice Element does not introduce new or more severe environmental impacts, and it can be seen with certainty that the action will not result in a significant effect on the environment. Therefore, the project is exempt from further environmental review under the common sense exemption pursuant to CEQA Guidelines§ 15061 (b) (3).

C. Gustine Zoning Code Findings.

The City Council determines GPA 2025-01 meets the required Zoning Code Findings as outlined in Section 4-76-080(A):
• The amendment is consistent with all other provisions of the General Plan.
• The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. • The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 7th day of October, 2025, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Melanie Correa, City Clerk
City of Gustine
APPROVED:

Patrick Nagy, Mayor
City of Gustine

RESOLUTION 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING GENERAL PLAN AMENDMENT (GPA) 2025-02 REPEALING THE EXISTING SAFETY ELEMENT AND

ADOPTING THE UPDATED SAFETY ELEMENT
WHEREAS, General Plan Amendment 2025-02 incorporates appropriate amendments to the City of Gustine General Plan addressing the Safety Element as required by State law; and
WHEREAS, recent legislation, including Senate Bill 379 (SB 379), requires that Safety Elements be updated every eight years in conjunction with Housing Element updates; and
WHEREAS, the City of Gustine submitted the Draft Safety Element to the California Geological Survey and the Central Valley Flood Protection Board and will respond to comments received by respective agencies prior to adoption; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City previously prepared and adopted an Addendum to the certified General Plan EIR in accordance with CEQA Guidelines§ 15164 in connection with the Housing Element; and
WHEREAS, the current adoption of the updated Safety Element involves no new development proposals and does not introduce new or more severe environmental impacts beyond those analyzed in the Addendum, and it can be seen with certainty that the adoption will not result in a significant effect on the environment, such that the action is exempt from further review under the common sense exemption pursuant to CEQA Guidelines§ 15061 (b)(3); and
WHEREAS, the Safety Element has been prepared in compliance with applicable State Law and address the applicable mandatory and statutory requirements; and WHEREAS, the Safety Element is consistent with all of the other elements of the General Plan, in that it does not require any significant changes to the other elements of the General Plan, or recommend policies and programs that would contradict the goals and policies contained therein; and
WHEREAS, the California Government Code Section 65353 and 65354 require that prior to the adoption of any proposed amendment to the General Plan, the Planning Commission shall first review and recommend to the City Council the adoption of any such proposed amendment; and
WHEREAS, on July 23, 2025, the Planning Commission held a duly noticed public hearing, received staff's presentation and public testimony, and adopted a Resolution recommending approval of GPA 2025-02 to the City Council; and

WHEREAS, in accordance with the GMC Section 4-78-020, the City Clerk caused the legal advertisement to be published as is required by law ten ( 10) days prior to the City Council hearing date; and
WHEREAS, in accordance with the GMC Chapter 4-78, the City council held a duly noticed public hearing at which the Council received a staff report and related information, and considered public testimony regarding the general plan amendment.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gustine hereby approves General Plan Amendment GPA 2025-02 and repeals the existing Safety Element and replaces it with the revised Safety Element, which shall be incorporated into the City of Gustine General Plan, and finds that:

A. All facts set forth in the recital are true and correct, and are incorporated herein by reference.

B. Environmental Finding.

The City Council finds that an Addendum to the certified General Plan EIR was previously prepared and adopted in accordance with CEQA Guidelines $15164 in connection with the Housing Element. The adoption of the revised Safety Element does not introduce new or more severe environmental impacts, and it can be seen with certainty that the action will not result in a significant effect on the environment. Therefore, the project is exempt from further environmental review under the common sense exemption pursuant to CEQA Guidelines§ 15061 (b) (3).

C. Gustine Zoning Code Findings.

The City Council determines GPA 2025-02 meets the required Zoning Code Findings as outlined in Section 4-76-080(A):
• The amendment is consistent with all other provisions of the General Plan.
• The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. • The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 7th day of October, 2025, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Melanie Correa, City Clerk
City of Gustine
APPROVED:

Patrick Nagy, Mayor
City of Gustine

ITEM NO. 13

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Jami Westervelt, Economic & Community Development Director SUBJECT: Henry Miller Playground Gametime Matching Grant Program STRATEGIC PLAN GOALS: 2. Community-Based Development

BACKGROUND
In 2021, The City of Gustine was able to utilize grant funding for a new playground at Schmidt. The City also secured a grant for a complete renovation of Pioneer Park that is in the process of implementation. While the City submitted several applications to State Parks for program funds to renovate the playground at Henry Miller, the grants were not awarded.

Henry Miller Park has historically been the main park for special events for the City and it remains so today. Its location makes it a primary greenspace and playground access for residents as well. Unfortunately, the playground equipment is showing age and nearing the end of its useful life.

Staff became aware this year that Gametime has reinstated its Grant Matching program. The City utilized this program in the past when it installed the new Schmidt Park Playground and the match allowed the City to install a full, dynamic playground, far beyond what the City could have afforded without the grant.

The parameters of the Gametime match program are as follows:
• The match applies only to the cost of equipment itself. • Equipment must be over the $75,000 threshold for full match. • Gametime essentially splits the cost of eligible equipment with the City. • All other costs are borne by the City: Shipping, tax, installation. • The order must be completely placed and paid by October 24, 2025. • Delivery of the equipment must take place prior to December 31, 2025.

ANALYSIS/DISCUSSION
The conditions for the 2025 program are the same as the conditions the City adhered to for the Schmidt Park Gametime project. At the writing of this report, staff was working with installers to secure estimates for installation costs for the project but these were not yet fully available. Staff will provide option and costs during a presentation at the meeting.

The concept for the Henry Miller Playground under this matching grant is to provide all new playground equipment that:
• Fits within the existing playground footprint, thereby reducing costs to expand.

• Maintains the same general characteristic of the existing playground, with a central structure of the same age group.
• Installs an upgraded structure with multiple different types of activities. • Adds other small items with appeal to younger children • Fits in with the character and use of Henry Miller Park. • Leverages more playground replacement with less City funding.

COMMUNITY OUTREACH
The turnaround deadline for this grant program does not allow for an independent outreach effort specifically for this funding opportunity. However, the concept presented by staff is in line with comments the City heard at outreach meetings in 2019 when the City began applying for State Parks grants programs for Henry Miller Park.

FISCAL IMPACT
Full cost estimates for the program will be presented to the Council at the meeting, along with visuals of the potential equipment. The City does not have this item in the current parks budget. If the Council would like to pursue this opportunity, funding will need to be appropriated from the balance in the Utility Users Tax fund. A current update on that fund balance will be provided at the meeting.

STRATEGIC PLAN GOALS
Parks are essential to community well-being. Improving the park will provide a place for children to play and families to gather. This gathering of neighbors 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 move forward with the purchase and installation of the preferred alternative selected at the meeting and directing the City Manager to appropriate the funds in the current budget from the Utility Users Tax.

EXHIBIT(S)
A) Resolution
APPROVED BY:

Soknirorn Than, City Manager

RESOLUTION 2025-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE PURCHASE

OF REPLACEMENT PLAYGROUND EQUIPMENT UNDER THE GAMETIME MATCHING GRANT

PROGRAM AND APPROPRIATING FUNDS FOR THE PURCHASE IN THE CURRENT FISCAL YEAR 2025/26 BUDGET FROM THE UTILITY USERS TAX FUND FOR THE PURCHASE AND INSTALLATION WHEREAS, Henry Miller Park is a central recreation area in the City of Gustine, serving City residents as well as participants in the many events that the Park hosts; and WHEREAS, the playground equipment at Henry Miller Park has historically been utilized and seen to be an important part of the recreational offerings at this Park by all its various types of users; and
WHEREAS, playground equipment for any recreation facility comes to a point where it is at the end of its useful life and the Public Works department has deemed the playground equipment at Henry Miller Park to be nearing that threshold and recommends replacement; and
WHEREAS, the City has made multiple attempts to garner full grant funding for Henry Miller Park, that included playground funding, in the recent past but the applications have not been funded; and
WHEREAS, the City successfully installed a playground at Schmidt Park through the Gametime Match Grant Program in 2021; and
WHEREAS, Gametime has confirmed City eligibility for its Matching program that can be applied to purchase of equipment only; and
WHEREAS, utilizing the program has the potential to save the City a significant amount of funding on the equipment for Henry Miller Park; and WHEREAS, the City has fund balance available in the Utility Users Tax (UUT) fund and the Council finds use of those funds for installation of playground equipment for the recreation and wellbeing of the community as within the intent and spirit of use of UUT Fund; and
WHEREAS, the City held public meetings and gathered input on direction and use of Henry Miller Park as well as characteristics for its playground previously as part of previous applications for State Parks funding; and
WHEREAS, the Gametime program has very specific timelines and limitations, presented to the Council at its October 7, 2025 meeting, that call for action immediately in order to take advantage of the program; and
WHEREAS, the Council considered at its meeting a presentation with multiple options that could be installed in the existing footprint of the current playground and provided a definitive selection of options, including equipment and installer; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby authorize the purchase of the Henry Miller Park Playground equipment, installation of such, and other steps needed to implement the project. This includes:

1 . Selection of Option #_ with purchase from Gametime of the items outlined in the Presentation to Council under the Gametime Matching Grant program.

2. Approval of purchase of all items and payment of required shipping and tax from Gametime estimated at $ · and authorizing the City Manager to sign the required agreements with Gametime to secure the funds and place the order.

3. Approval of the recommendation by staff to contract with for certified Gametime installation services; and authorizing the City Manager to execute a contract with the entity for $_

4. Approval of an additional 10% contingency for both of the above estimates, for purchase and installation, to be used as deemed necessary by the City Manager to complete the project.

5. Direct the appropriation of funds to cover all of the above in the current 2025/26 Fiscal Year Budget under the Utility Users Tax fund.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 7th day of October 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. 14

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Ruben Chavez, Chief of Police
Aaron Chandler, Attorney, Best Best & Krieger
SUBJECT: Amendments to Ordinances and Schedules for Fines and Penalties Discussion and Direction
STRATEGIC PLAN GOALS: 4. Financial and Budget Stability

BACKGROUND/DISCUSSION
The City's rules and regulations related to fines, fees, and penalties for many violations of the City's municipal code were last updated in 1995 by City Council. Keeping up with statutory changes provides an avenue for municipalities to keep fines and fees current with contemporary standards. A review of current state regulations and supporting case law give the City broader discretion to update and enforce its municipal code regulations.

The entire purpose of revising the City's ordinances and resolutions regarding fines, fees, and penalties is to ensure the City of Gustine is implementing best practices and procedures when enforcing their rules and regulations. Increasing fines, fees, and penalties are not only allowed and regulated by statute, it allows the City discretion to determine appropriate amounts for deterrence and punishment as allowed by law.

The City's intent is to ensure the fines, fees, and penalties are commensurate with the level of severity of the offense, the violator's culpability, and the violator's ability to pay the fine, fee, and penalty. In calendar year 2023, the department issued 54 citations for parking violations and 26 citations for municipal code violations. The fines for parking violations commonly start at $20 and increase to $50 . Municipal Code citation fines start at $50 and increase to $125 in some cases.

The effect of the penalty should act as a deterrent from future similar conduct. The practice and concept of issuing parking tickets is not to punish a motorist for their actions, but is used as a deterrent to discourage future behavior. It is an accepted practice which provides efficiencies in the management of roadway safety and vehicle storage. This will avoid the fine from becoming "the cost of doing business" where the violation remains despite the fine being paid. Although there are increases in fines, fees, and penalties, City staff will have discretion to determine appropriate fine amounts for each violation.

As required by law, prior to adoption of ordinance amendments and for transparency, the City Council will hold a public hearing when considering fine increases. The City Council will review staff recommendation for amendments to the municipal code and its fine schedules for violations of the ordinance. These changes and amendments will assist the City in updating their procedures consistent with applicable federal and state laws.

In accordance of the Council's approval of contract with Data Ticket, a citation

processing vendor, a fee update is necessary to align with that approval. Maintaining fines as they are will negatively impact revenues and the department ability to deter violations.

COMMUNITY OUTREACH
The City will seek input from stakeholder's dependent on the direction City Council provides staff.

FISCAL IMPACT
None associated with this discussion and direction.

STRATEGIC PLAN GOALS
The ability to recoup costs associated with enforcing parking and municipal code violations ensures for budget and financial stability for the agency. However, cost recovery for misdemeanor and infraction violations is not allowable by law.

RECOMMENDATION
Given it has been 30 years since these sections of the municipal code were updated, it is recommended a review of the current fine structure be conducted to keep up with local municipality standards.

EXHIBIT(S)
None.

APPROVED BY:_
l)
Soknirorn Than, City Manager

ITEM NO. 15

COUNCIL AGENDA ITEM
OCTOBER 7, 2025
PREPARED BY: Tiffany Vitorino, Recreation Manager
SUBJECT: Final Approval of Special Event Policy and Procedure STRATEGIC PLAN GOALS: 6. Community Services

BACKGROUND
The City of Gustine is widely recognized for its many annual special events planned by both the Recreation Department and various community organizations. A special event is defined as:

Any planned activity that requires use of public and/or private property which is not within the normal and ordinary use of the property; Or which, by nature of the activity, may have a greater impact on City services or resources, neighborhoods, businesses or the community as a whole, than would have occurred had the activity not taken place.

This includes, but is not limited to, parades, gatherings, arts and crafts shows, fairs, festivals, and athletic events. The City Manager or his/her designee shall determine whether or not an activity is considered a special event.

This information, along with an initial draft of the Special Event Policy, was first presented to the City Council on February 20, 2024. During this meeting, the Council directed staff to revise the policy to better distinguish between small and large events. Specifically, the Council requested that minor events not be subjected to the same level of requirements as major events and that the application for smaller events be simplified.

Additionally, Council formed an Ad Hoc Committee to assist in refining and further developing the policy.

The committee was tasked with refining the proposed policy to ensure it met the needs of both the City and event organizers. City staff invited special event organizers to attend Special Events Policy meetings and provide input as it was developed. Over the course of three meetings, the committee reviewed the policy in detail. At the final meeting, event organizers actively participated in suggesting revisions, which were incorporated into the policy presented as Exhibit A.

In response to the complex nature of various regulatory requirements and the need for a formalized approach to special event approvals, staff has revised the policy with the goal of streamlining processes, improving coordination, and ensuring compliance with local, county, and state requirements while maintain consistency among all of our events.

On July 1, 2025, staff presented to Council a second draft policy. Council requested minor adjustments to the document, which have since been incorporated. One of Council's primary concerns was to avoid creating unnecessary burdens for longPage 232 of 278 standing annual community events or small-scale activities initiated by local businesses.

Council emphasized that the policy should not negatively impact businesses that host occasional food vendors, mixers, or other small activities to increase customer engagement.

To address these concerns, the policy now includes an automatic fee waiver for local businesses and non-profit organizations, ensuring that community-serving activities are encouraged and not discouraged by administrative costs, so long that the event does not create greater impact on city's resources.

ANALYSIS
To ensure proper coordination of City services and compliance with regulatory requirements, the City has historically required event organizers to obtain necessary approvals and permits from various agencies, including Merced County and the California Department of Alcoholic Beverage Control (ABC). Merced County Environmental Health informed City staff that all events within City limits that serve food to the community-excluding private, invitation-only events such as weddings-must go through the Merced County health permit process.

According to Merced County, as part of this process, event organizers must obtain a letter from the City acknowledging occurrence of the event. To issue this letter, the City must first receive an application and confirm that the special event complies with all City, County, and State regulations.

Fee Structure for Special Events
Staff recommends implementing an application fee to help offset the costs of coordinating and managing special events. Since it would be difficult to set a fixed fee amount, Council could consider charging an hourly rate. This rate could factor in staff time required for meetings and event preparation. Depending on the complexity and elements of the event, some may require significantly more staff time than others.

Smaller events would involve minimal staff time, where Council could decide to adopt a flat application fee of $50 for minor events, as they typically do not involve road closures, alcohol sales, or other major elements requiring detailed planning and interdepartmental coordination. Larger events, however, require additional time and involvement from department heads, such as the Chief of Police and the Public Works Director. Staff recommends Council consider the following Special Event Application fees:
o $50 for minor events (e.g., indoor open houses, mixers, takeout fundraisers) that have minimal impact on traffic, public right-of-way, and city resources.
o $250 initial fee for major events. If additional meetings, coordination, or preparation are necessary, organizers would be charged an hourly cost as adopted in the fees schedule. This applies to larger, more complex events that involve road closures, noise impact, or significant staff involvement, including coordination with multiple departments such as Police, Recreation, Public Works, and Caltrans. Event organizers will be billed the appropriate amounts.

Automatic Waiver:

Per Council direction, application fees will be automatically waived for brick and mortar local businesses with a current annual business license. This is specifically for minor event that does not create greater impact on city's resources.

Application fees will be automatically waived for Non-profit service club organizations so long that the event follows the adopted Fee Reduction and Waiver Policy. This ensures that longstanding community traditions and small-scale activities initiated by local non-profit organization are not financially burdened by the new policy. Staff will continue to track and document the waived amounts for record-keeping purposes.

COMMUNITY OUTREACH
Should the proposed policy be approved, staff will conduct outreach efforts to inform individuals and organizations that have hosted special events in the City within the last two years.

The City will work closely with event organizers to ensure a smooth transition to the new policy and compliance with all requirements.

FISCAL IMPACT
Implementation of the Special Event Policy will establish a standardized fee structure for both minor and major events to support cost recovery for City services, including staff time, permitting, and coordination. While these fees are designed to offset City expenses, the automatic waiver for local businesses and non-profit service club organizations will reduce the amount of revenue collected.

The fiscal impact to the City will therefore vary depending on the number and scale of events held annually. For larger regional events, cost recovery will still occur through the application of fees and staffing charges. However, for smaller, community-based events organized by local businesses and non-profits, fees will be waived in alignment with Council's directive to support community and economic vitality.

Staff will track and document all waived amounts for reporting purposes. This approach ensures transparency in accounting for City resources while prioritizing support for longstanding community traditions and local economic activity.

STRATEGIC PLAN GOALS
Special events fall under plan goal Community Service #6, objective 5, actively engaging with the community. Special events provide a positive experience for residents to engage within their community.

RECOMMENDATION
It is recommended that the City Council approve a resolution adopting the Special Events Policy, including the cost recovery fee structure for minor and major events, including approving the automatic fee waiver for local businesses and non-profit service club organizations, ensuring that community-based events and small-scale business activities are supported and encouraged.

EXHIBIT(S)
A) Draft Special Community Event Policy
B) Minor Special Event Application
C) Major Special Event Application
D) Resolution
APPROVED BY: _
Soknirorn Than, City Manager

CITY OF GUSTINE

SPECIAL EVENT POLICY

CITY OF GUSTINE
352 FIFTH STREET, GUSTINE, CA 95322; TEL: 209-854-6471; WWW.CITYOFGUTINE.COM

Table of Contents
PURPOSE 2
DEFINITION 2
EVENT LIAISON 2
APPLICATION PROCESS 3
GENERAL REQUIREMENTS 4
INSURANCE REQUIREMENTS 5
OTHER AGENCY APPROVAL 6
PERMIT FEES 6
EVENT ADVERTISING 7
MUSIC - PUBLIC ADDRESS(PA) SYSTEMS .7
BOUNCE HOUSES/PLAY STRUCTURES 8
H. SALES OF GOODS & SERVICES 8
I. ALCOHOLIC BEVERAGES 9
J. CARNIVAL, FAIR OR CIRCUS l 0
K. ROAD CLOSURES l l
L. RESTROOMS l l
M. REFUSE AND DUMPSTERS 12
N. SITE PREPARATIONS & SECURITY 13

0. MISC 14
P. INDEMNITY 15
Appendix A - City Council and Planning Commission Agenda Schedule 16 Appendix B- List of Common Additional Permits 17
Appendix C-Adopted Fees Reduction Waiver Policy 20
Appendix D - Temporary Traffic Control Plan Guidelines 23 Appendix E - Schmidt Park Layout Map 24
Appendix F- Henry Miller Layout Map 25
Appendix G- Downtown Layout Map 26
Appendix H-- Temporary Signage 27
Pagel of 27
Adopted by Council on: xx/xx/xx through Resolution #2025-xxx I.

II.
111.

IV.

A.

B.

C.

D.

E.

F.

G.

CITY OF GUSTINE

SPECIAL EVENT POLICY
I. PURPOSE
The City of Gustine has established a special event procedure and policy to coordinate approvals and logistics required for holding events on public and private property. The Parks and Recreation Department manages the special event permit process and serves as liaison between City departments and the event organizer.

II. DEFINITION
A special event is defined as any planned activity that requires use of public and/or private property which is not within the normal and ordinary use of the property or which, by nature of the activity, may have a greater impact on City services or resources, neighborhoods, businesses or the community as a whole than would have occurred had the activity not taken place. This includes, but not limited to, parades, gatherings, arts and crafts shows/fairs, festivals, and athletic events. The City Manager or his/her designee shall determine whether or not an activity is considered a special event.

In general, a special event permit is required if any of the following conditions are met:

1. Use of any street, alley, park, or any other public grounds in the City

2. Assembly

3. Block Party

4. Blocking of Streets

5. Concert

6. Large Scale Meeting or Fundraiser

7. Live Music

8. Car Shows

9. Outdoor Festival

10. Parade or Procession

11. Outdoor public events with singing, dancing, DJ, Choir, etc.

12. Events where other jurisdictions require City approval (i.e Merced County, ABC) Special event permit is not required for the following:

1. Funeral processions

2. Private gathering within a private property that is in compliance with the City Municipal Code.

3. Garage Sales (Separate Permit Required at www.cityofgustine.com)

4. Private/ticketed events inside a permitted use facility Ill. EVENT LIAISON

Adopted by Council on: xx/xx/xx through Resolution #2025-00x

If this is your first time organizing a special event in the City of Gustine, you must first review the Special Event Policy. After you have read this policy, please contact the Parks and Recreation Department to assist you in determining the type of special event application that would best suit your event.

Parks and Recreation Department
Tiffany Vitorino
Phone: 209-854-6471
tvitorino@cityofg ustine .com
352 Fifth Street, Gustine, CA 95322
IV. APPLICATION PROCESS
The steps in the application process illustrated below are designed to inform you regarding various regulations, policies, and approximate schedule that will affect the proposed event.

Please follow these steps to ensure the ease, safety, and success of your event.

In general, there are two types of special event:

Minor Special Event: Minor special events are events that meet the below criteria:
a) There is no Special Event ABC license required
b) There is no street closure or impact to the public right of way c) There is no more than one food vendor
An example of minor event (Take-outs, Socials, Mixers, Open-house, etc.) Major Special Event: Major special events are events that do not meet one or more of the criteria set forth in the minor special event category. These typically are events that are complex and are impactful to adjoining properties or to the public right of way.

Below is an estimated schedule of a special event process. (Listed in business days).

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Major Event Timeline
Submit Provide Application
Application is Reviewed Enjoy Your
and Pay and Event!
Fees Approved
•90 days prior •60 days prior •SO days prior •30 days prior Minor Event Timeline
Submit Provide Application
Application is Reviewed Enjoy Your
Liasion
and Pay and Event!
Fees Approved
• 30 days prior ·15 days prior • 15 days prior • 10 days prior Please note that the estimated schedule above may vary depending on the complexity of the event and the approval timeframe from other agencies. Applicant shall discuss the event schedule in detail during the consultation with the Parks and Recreation Department.

Depending on the complexity of the event, additional time may be needed in addition to the general timeline above.

A. GENERAL REQUIREMENTS
In order to secure final Special Event Permit approval, the applicant must submit all other applicable permits (Merced County Food Permit, ABC License, Caltrans Encroachment Permit etc.), and pay all applicable fees. Applicant shall also note the following:
i. The submission of an application fee should not be construed as a special event approval or a confirmation of a special event date. ii. Event organizers should not assume special events are approved based on the previous year's event approval.
iii. All special event organizers for new and recurring events are required to complete the entire special event process for each event date.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

iv. Special events should not be advertised to the public prior to the City's approval of the special event. (Event organizer may advertise at your own risk) v. Some events may require approval by the City Council and may take up to eight (8) weeks for processing (see link below)
o https://www.cityofgustine.com/calendar.aspx?id=l 3838 vi. All events requiring the use of City Facilities (i.e. Al Goman Center, Henry Miller Park, etc.) must go through the City of Gustine Facility Rental procedures listed on the website through the link below
o Link: httos://secure.rec].com/CA/gustine-ca/catalog
B. INSURANCE REQUIREMENTS
Proof of insurance is required for all events. Applicants must purchase and maintain the following types of insurance with the stated minimum limits. Applicant must provide a Certificate of Insurance and endorsements for each policy as required in this section. All deductibles and self-insured retentions shall be fully disclosed in the Certificates of Insurance and should not exceed $10,000 without prior written permission of the City Manager. • Commercial General Liability: $1,000,000.00 per occurrence and $2,000,000 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The City of Gustine, its employees, officers and agents shall be endorsed to above policy as additionally insured as to any liability arising from the performance of this Agreement. The policy shall be endorsed to waive the insurer's subrogation rights against the City. • Automobile Liability: If a vehicle is utilized to perform services under this application, the following limits will apply.
o $1,000,000 per accident for bodily injury and property damage, or alternatively split limits of $500,000 per person and $1,000,000 per accident for bodily injury with $250,000 per accident for property damage. • Workers Compensation: If organizer's staff or employees are used, the following limits will apply. Statutory coverage is required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City (California Labor Code Section 3700).

Additional Insurance Requirements
• Insurance is to be primary and non-contributory with any insurance of the City. • Each of the above required policies shall be endorsed to provide the City with thirty (30) days prior written notice of cancellation. The City is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of applicant to furnish insurance during the term of this agreement. • If the applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

• Certain types of events may have additional specific insurance requirements. The event liaison will provide additional information on this depending on the type of event. ·
• The Proof of Insurance is subject to final approval by the Parks and Recreation Department, or designee, and requirements may be amended.

C. OTHER AGENCY APPROVAL
Many agencies require approval for events that impact their jurisdiction. This includes, but are not limited to the Sheriff's Department, California Highway Patrol, Merced County Environmental Health, and California Department of Transportation (Caltrans). If approval from another agency is required, the applicant must acquire those approvals prior to final special permit approval. Proof of approval will be required. Common required permits are provided in Appendix B for reference.

D. PERMIT FEES
All special event fees must be paid in full 60 DAYS (for Major Event) or 15 DAYS (for Minor Event) prior to the date of the event. The Parks and Recreation Department will notify applicants of the applicable fees and amount due. Below are the fees schedule:

A. Application Fees are as follows:
> $50.00, non-refundable fee for Minor events.
o Minor events are defined as mostly indoor events such as open houses, mixers, take outs, etc. with no impact on traffic, public right of way and minimal requirements on City's resources.
o Automatic Fee Waiver: application fees will be automatically waived for brick and mortar local businesses with a current annual business license. This is specifically for minor event that does not create greater impact on city's resources.

Application fees will be automatically waived for Gustine Service Club organizations so long that the event follows the adopted Fee Reduction and Waiver Policy.
• A Gustine Service Club is generally defined as an organization that exists solely to benefit, better, or serve the residents of the City of Gustine. To qualify, the organization must operate as a not-for-profit entity and must not be affiliated with any political party or religious organization.
> $250.00, non-refundable initial fee for Major events. {This fee cannot be waived).

Additional meetings, coordination or preparation will be charged hourly at a rate determined by the Finance Director or City Manager.
o Major events would include large outdoor celebrations such as farmer markets, car shows, and parades. These events are defined as events requiring street closures, noise impacts, and encroachment on the public right of way.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

o Major Events are also defined by the presence of one or more of the following elements: alcohol services, street closures, or having more than one food vendor.
► Non-profit and for-profit special events require the same processing fees. ► Applications submitted less than the required time in Section IV prior to the event may be denied depending on coordination timelines with various agencies.

B. Other Fees
► All facilities rental for City parks or other facilities will be charged the appropriate fees listed in the rental agreement, as per the adopted City Fee Schedule. These fees can be found at the below link:
o Link: https://www.cityofgustine.com/files/documents/Fee~ScheduleMasterScheduleofUserandRegulatoryFees 17 41042354100224PM.pdf C. Fee Payments
► All fees must be paid in full prior to the event and NO postdated checks will be accepted unless prior authorization is approved by the City. ► The City accepts cash, check, and credit card. The City may also utilize the City Recreation system (CivicRec) to accept payment.

D. Waiver of Other Fees
► Some fees may be waived upon approval from the City Council. All fee waiver requests must be in writing, and submitted sixty (60) days prior to event. ► See Appendix C for the Adopted Fee Reduction and Waiver Policy E. EVENT ADVERTISING
Special events should not be advertised prior to the approval of the special event. All advertisement done prior to special event approval are at your own risk.

Temporary special event signage must comply with Section 4-38-070G of the City municipal code. See Appendix H for more detail.

F. MUSIC - PUBLIC ADDRESS(PA) SYSTEMS
Music and Public Address (PA) systems must be confined to enclosed buildings unless otherwise approved by the City of Gustine through the Special Event application process. • All permits for amplified sound will be charged a $51 permit fee that can be purchased on line (Alcohol/Dance Permit).
• Please keep noise levels to a minimum so it does not disturb others in the surrounding area.
• City of Gustine is not responsible for providing electricity for music or public address systems, unless otherwise provided in the rental agreement at specific City owned rental facilities.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

G. BOUNCE HOUSES/PLAY STRUCTURES .

Any "Bounce House" or other temporary "Play Structure" (i.e. slide, climbing wall, dunk tank or other play apparatus} that is to be placed within a facility owned or operated by the City of Gustine, must meet the following requirements:
• Liability Insurance covering risk associated with Inflatable Amusement or Play Structure, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate, naming the City of Gustine, its employees, officers, and agents as Additional Insureds to said policy. • Company must have a current City Business License on file with the City of Gustine.
• Applicant must provide adequate adult supervision and follow manufacture safety guidelines.
• The City assumes no liability for any bodily injury or damage. • Bounce Houses are to be used at the sole discretion of the user. USE AT YOUR OWN RISK!
• All temporary play structures must be free-standing or weighted and placed within preauthorized locations. Stakes may not be placed into the ground at City Parks unless inspected and authorized by the Recreation Manager, or designee. In addition, temporary play apparatuses may not be tied to trees, benches, playground, or other structures within the parks.
• You must provide a "low noise" generator for your play apparatus if power is required.
o Generator use shall meet the City noise ordinance and the San Joaquin Air Resources Control Board air quality
standards.
• Electricity will not be provided for play apparatus at City facilities unless prior authorization is received and approved.
• All temporary play structures must be removed prior to sunset, unless prior approval is granted by the Parks and Recreation Department and documented on your permit.
• Per City Ordinance, vehicles are prohibited from driving or parking on all grass areas.
• Waterslide apparatuses are not permitted at City parks or on City streets unless prior authorization is received and approved.
• The City is not responsible for damages associated with any Bounce Houses or Play Structures brought to City premises.

H. SALES OF GOODS & SERVICES
The selling or offering free of charge of any goods, services, and/or edibles for human consumption the applicant is responsible for the following:
• All state and local regulations must be met before such sales are allowed. • All beverages and food sales are required to comply with all local and state health & safety codes and regulations.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

• Anyone providing or selling food or beverages must obtain a food permit from Merced County Environmental Health at (209) 381-1100 prior to the event. Proof of approval or exemption is required. If the event is taking place on City property, a copy of the permit or an official notice from Merced County Environmental Health indicating that a permit is not required must be submitted to the Recreation Department at least one (1) week before the event.
• All vendors are required to obtain a City of Gustine business license. Contact the City of Gustine Finance Department for the purchase of an annual business license or if approved, contact the Recreation Department for a one-day special event business license. See the link below for application:
• Link: https://www.cityofgustine.com/pview.aspx?id=33709&catid=653 • Glass containers are prohibited at special events.
• All grease and oils must be removed by permittee and are not to be released down drains or gutters. Illegal dumping of grease or oils on park grounds, in trash cans, or dumpsters is strictly prohibited.
• Illegal dumping of food, liquid, dirty ice, or any other substance is prohibited on park grounds or City streets.

I. ALCOHOLIC BEVERAGES
When alcoholic beverages (beer, wine or liquor of any kind) are to be served, provided, or sold at any City owned/leased facility or within the public right-of-way, the organizer reserving such facility shall be required to provide Liquor Liability Insurance (if liquor is sold), or Host Liquor Liability Insurance (if liquor is provided but not sold) with a minimum limit of $1,000,000 per Occurrence, and must include the City of Gustine, its employees, officers and agents as additional insured.

Large events may require additional coverage.

In addition:
• No alcoholic beverages shall be sold at any event without a valid Department of Alcohol and Beverage Control (ABC) license and Gustine City business license being on file with the City Finance Department. If tickets are sold for attendance and alcohol is provided (free or for a fee), it is also considered sales. The proof of application for ABC License must be presented to the Recreation Department fourteen (14) days prior to the scheduled event date. For more information please contact:

Alcoholic Beverage Control
(209) 371-6761
Or visit https://www.abc.ca.gov/licensing/
• Alcohol sales are generally restricted to an enclosed "beer garden" area that is registered and diagrammed with the Alcoholic Beverage Control (ABC). If event organizers anticipate or intend for patrons to carry alcohol throughout a designated area, that area must be included in the diagram submitted to ABC. This requirement

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

applies to all event locations, including the downtown area. All diagrams turned into the ABC must be approved by the Chief of Police.
• If permitted, anyone providing or selling alcohol must provide a plan on how they will prevent the selling or serving of alcohol to persons under the age of 21. • Glass containers are prohibited at special events.
• No alcohol is permitted at a celebration in honor of a minor at any City facility.

I
Note: Events that have alcohol present without the proper permits or those permitted events that become problematic to public safety, may be terminated by the Gustine Police Department at any time with no refunds for permits or rental fees.

J. CARNIVAL, FAIR OR CIRCUS
Organizer must provide proof of insurance with the following limits:
o Commercial General Liability: $2,000,000.00 per occurrence and $4,000,000 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The City of Gustine, its employees, officers and agents shall be endorsed to above policy as additionally insured using ISO form CG 20 26 or an alternate form that is at least as broad as form CG 2026, as to any liability arising from the performance of this Agreement. The policy shall be endorsed to waive the insurer's subrogation rights against the City.
o Automobile Liability: $2,000,000 per accident for bodily injury and property damage, or alternatively split limits of $1,000,000 per person and $2,000,000 per accident for bodily injury with $500,000 per accident for property damage.
o Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $2,000,000 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City.
o Insurance is to be primary and non-contributory with any insurance of the City.
o Each of the above required policies shall be endorsed to provide the City with thirty (30) days prior written notice of cancellation. The City is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of Applicant to furnish insurance during the term of this agreement.
o If the applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the applicant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. • Applicant shall be responsible for providing security personnel during carnival operations at applicant's expense. (See preapproved Security company list provided by the Gustine Police Department)

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

• All security detail must be approved in writing by the Gustine Police Department. • Location and equipment must be approved by the City.

K ROAD CLOSURES
A. Road closures require the review and approval of the Gustine Police Department and the Public Works Department. A temporary traffic control plan (TCP) maybe required depending on the complexity of the event. TCP shall be prepared by a person experienced in temporary traffic control operations in compliance with the latest California Manual for Uniform Traffic Control Devices (CA MUTCD).

B. Event applicant is responsible to arrange for the placement and removal of seventytwo (72) hour notices for no parking signs if needed.

C. Applicant must insure all affected residences and businesses have access to the perspective driveways at all times.

D. Applicant shall maintain 20-feet-wide emergency vehicle access path into and through the closure area at all times.

E. Fire hydrant access shall not be blocked at any time.

F. Roads and sidewalks within the City of Gustine that are used for an event, must be restored to their original condition immediately following the event. Restoration includes, but is not limited to, removal of all debris, trash, and any other materials resulting from the event. In cases where significant cleanup is required, the event organizer must arrange and be responsible for the cost of street sweeping services. The organizer is responsible for ensuring that all cleanup and road restoration meet City standards.

Note: All existing traffic laws and ordinances must be fallowed at all times during the event.

L. RESTROOMS
Dependent on the size of the event and the availability of public or park restrooms, special event applicants may be required to contract for portable restrooms. a) During the application process, the special event staff in collaboration with Merced County Environmental Health will review the impact to the available restroom facilities.

Major Special events may be required to contract for portable toilets to be placed at the event, at no cost to the City.
b) Permittees are required to provide portable toilets at locations where no permanent facilities are in place and/or when "total attendance" (including organizers, participants, volunteers, and spectators) exceeds existing restroom facility capability. c) The ratio of users per portable toilet is determined by Merced County Environmental Health Department, which can be reached at (209) 381-1100. d) A portable handwashing station must be provided in conjunction with portable restrooms at the event. The station shall be fully equipped with adequate supplies at all times. The event organizers are responsible for ensuring that the station remains accessible, sanitary, and properly stocked throughout the duration of the event. e) Delivery of portable restrooms prior to the day of the event must be approved by the Public Works and Recreation Departments and will be the responsibility of applicant.

Portable restrooms must not be delivered longer than 72 hours prior to the event.

Adopted by Council on: xx/xx/ through Resolution #2025-xxx

f) Portable restrooms must be removed within 48 hours of the event's conclusion. If not removed by that time, the City's cost of removing restrooms will be charged to the special event permittee.
g) If City facilities are being utilized, it is the responsibility of the event organizer to clean and restock the restrooms every two hours during the event and at the end of the event. Should the event organizer request the Public Works Department to perform this task, prior approval from the Public Works Director is required, and charges will apply in accordance with the City of Gustine's Regulatory Fee Schedule, with a minimum charge of two hours for each call-out. The Fee Schedule can be found at www.cityofgustine.com
Note: The City may request a letter from Merced County Environmental Health confirming portable restrooms are not required for a specific event.

M. REFUSE AND DUMPSTERS
a) Applicant will be responsible for disposal of litter surrounding your event in designated refuse bins. Additional refuse bins may need to be provided by applicant at no additional cost to the City.
b) Dumpsters can be placed in offsite areas. Dumpsters must not block vehicle access; Emergency Response vehicles, Park vehicles, and vehicles associated with special event.
c) Dumpsters must be removed within 24 hours of the event's conclusion. If not removed by that time, the City's cost of removing dumpsters will be charged to the special event permittee.
d) Event organizers are required to provide clearly marked recycling bins throughout the event site. Recycling stations should be placed in convenient, high-traffic areas and paired with trash receptacles to encourage proper use. Adequate signage must be displayed to guide patrons on acceptable recyclable materials. Organizers are responsible for ensuring bins are monitored, maintained, and serviced as needed so that recycling options remain accessible and functional for all patrons during the event.
e) Dumpsters and extra special event garbage cans shall be requested through the City of Gustine's refuse company listed below:

Mid Valley Disposal
15300 W. Jensen Avenue
Kerman, CA 93630
Phone: (559) 237-9425
f) Applicant is required to empty and maintain the cleanliness around all trash receptacles at all time during the event.

Note: The City has a franchise agreement with Mid Valley Disposal for solid waste removal and hauling. No other collection company can be used within the City limit unless a special exemption is approved and that the event applicant is designated as a self-hauler.

Pagel 2 of 27
Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

N. SITE PREPARATIONS & SECURITY
Event organizers can request extra time to prepare special event locations. Early site preparations and time must be coordinated with City staff during the filing process. a) Special Event Layout
Layout map of the event is required sixty (60) days prior to the event. The layout map must include the following:
( 1) Show streets and map of the event location. Show street route plan for parades, races, & walks.
(2) Show entry/exit points Including barricades, fences, buildings, tents, stage, booths, bleachers, trailers ticket booths and band location. Note: aisles of at least 44" wide leading to 2 separate exits are required when fencing/barricading used around an open area.
(3) Show all fueled equipment like BBQs, cooking equipment, generators, or heaters.
(4) Show sanitation facilities include restrooms, portable toilets, hand-wash stations, gray water tanks, & dumpsters.
(5) Identify the General Activity Areas such as "game area," "vendor area," "food area," "entertainment," and show dining tables and /or seating arrangements.

Show booths/tents/canopies.
(6) Show Parking Plan that identifies the parking areas to be used, including use of street parking, fields, and existing parking lots. Provide a count of spaces that could be used for the event attendees.
(7) Show stage/performance area and Indicate if there are curtains and props (all must be fire retardant), a stage (under 30 inches high or have approval from Building or Fire Department), and show seating and aisle widths (aisles to be 44" wide if serving seats on both sides, or 36 inches wide. Aisles to lead to each exit and restrooms). Area must have 2 exits minimum.

Note: Events and booths cannot unlawfully obstruct, block or interfere with the streets, highways, sidewalks, and any other portion of the public right-of-way. b) Special Event Security (GMC7-7-141)
i) Event organizers are responsible for the overnight security of the equipment and event structures.
ii) If event staffing or security is present at an event site overnight, overnight security plan shall detail: personnel, contact phone numbers, and other pertinent information.
iii) Security is at the discretion of the Chief of Police. Security may be required for said event and the number of guards will be determined by the Police Department. iv) Security expenses will be the responsibility of the applicant. v) When security is required, the organizer must use a company on the preapproved list that is available at the Gustine Police Department or City Hall. vi) Copies of the Security Contracts must be submitted to the Recreation Manager thirty (30) days prior to the event.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

0. MISC.

A. Sales, service or information booths: A City of Gustine Business license is required before any business is conducted with in the City Limits. It is the organizer's responsibility to make sure all Vendors have an Annual or One-Day Business License. One-Day and Annual Business Licenses information can be found on our website at https://www.cityofgustine.com/pview.aspx?id=33709&catid=653 or at City Hall at 352 5i Street, Gustine CA.

B. Dance Permits: All dances will be required to obtain an Amplified Music/Dance Permit through the Gustine Police Department.

C. Light fixtures/strings: If using City parks, permission from the Public Works Department must be granted prior to any exterior lighting or decoration being incorporated into the landscape (i.e. bushes, trees, light poles) or attached to various structures. The organizers must pay the normal park rental fees during time of installation.

D. Stages or catwalks: All portable stages and/or catwalks must be approved and be shown on the event map/diagram. All stages and catwalks must be inspected by the Fire Chief or building official for safety purposes.

E. Organized sporting activities: Organized sporting activities must require participant to sign waivers indemnifying the City of Gustine. Waivers must be approved by City staff and signed copies must be turned into the Recreation Department prior to the event. Sports organizers must provide the City of Gustine with proper insurance naming the City as Additional Insured. See Section B.

F. Staking: Stake installation is not permitted without prior approval of the Public Works Department.

G. Tents: Before erecting any tents, you must first obtain approval from the Public Works Department and the City Fire Department.

H. Vehicles on grass: In accordance with City Ordinance, vehicles are prohibited on all grass areas unless prior approval is obtained from the Public Works and Recreation Department. This restriction includes, but are not limited to, driving on grass for both setup and cleanup activities. Any damages to City or personal property must be repaired to their original condition and shall be at the expense of the event organizer.

I. Camping: No overnight camping allowed unless approved by the City. See Chapter 2 of Title 3 of the Municipal Code for camping and storage of personal property.

J. Open flames: Open flames must have a safety plan approved by the City of Gustine and Gustine Fire Department prior to the event. Hazardous materials require a Hazmat Permit and event planner must contact the Gustine Fire Department for approval ahead of time.

K. Use of animals: All use of animals must be approved by the City. Request for use of animal must be submitted sixty (60) days prior to the date of the event. All animal used for the event must comply with the California Department of Food and Agriculture - Animal Health Branch (CDFA).

Adopted by Council on: xx/xx/ through Resolution #2025-xxx

L. Electrical: If utilizing a City outlet or electrical panel, the City of Gustine reserves the right to charge the event organizer for electricity usage, as verified by the meter at the location.

M. Potable water - If potable water is not available and is required for the event, the organizers can make arrangement with the Finance department by calling City Hall at 209-854-6471 . If not available from a metered water service, fees for a hydrant meter may apply.

N. News and Media - Event organizers are encouraged to provide designated spaces and appropriate opportunities for media coverage. If a significant media presence is anticipated, please contact the Gustine Police Chief in advance to obtain authorization and ensure necessary public safety measures are in place.

0. Natural & Cultural Resource Protection - Special events will not negatively impact the City's cultural and natural resources. Environmental reviews may be required for some special events.
• No person shall willfully injure or destroy any cultural or natural resource. • No vehicles are allowed on lawns or closed areas without prior permission.

P. INDEMNITY
The undersigned applicant has applied from the City of Gustine ("City") for permission to occupy the public right of way or other public property owned or controlled by the City ("the property") for use for a special event. The applicant understands and agrees that such use of the property may present risks of personal and bodily injury and property damage to the applicant or participants in the event and to the public at large different from or greater than the risks of using the property for its usual purpose. The applicant understands and agrees that the City has not inspected the property and makes no representations whatsoever regarding its condition or fitness for any particular use. Further, the City has neither the obligation nor the resources to supervise the event or otherwise protect persons from such different or additional risks of injury or damage.

In partial consideration for the City's permission to use the property for the private event described above, the applicant agrees to hold harmless, indemnify and release the City, the Gustine City Council, its officers, employees and agents from any and all liabilities, claims, judgments, demands actions, suits or costs of any kind or nature brought by any person, including, but not limited to, those individuals participating in the event or third parties spectating the event, for personal or bodily injury or property damage arising out of the event or participation in the event, and not caused solely by the willful misconduct of the City. Applicant further agrees that they shall not represent to anyone that the event is sponsored by the City or shall be supervised or controlled in any manner by the City.

Applicant expressly acknowledges that any such representation is cause for immediate revocation of any permit granted to applicant by the City for such event. The applicant represents and warrants, by their signature below, that they have the authority to execute this Indemnity Agreement and Waiver of Liability on their own behalf or on behalf of the applicant organization or entity as may be applicable. All fees are subject to change without notice and are not guaranteed.

Adopted by Council on: xx/x/xx through Resolution #2025-xxx

I, the undersigned representative, am duly authorized to submit this application and understand that, the information contained in this application will be available as a public record. The information contained herein is complete and accurate.

Applicant Name: _
Applicant Signature: _
Applicont Phone.

Applicant Email: _
])([,
City Staff Acknowledgement: _

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Appendix A- City Council and Planning Commission Agenda Schedule Gustine City Council meets twice monthly on the first and third Tuesdays of every month.

Gustine Planning Commission meets once monthly on the fourth Wednesday of each month.

The City posts a public meetings calendar on their website in the Document Center within the Administration folder, and can be viewed on the website font page calendar.
www.cityofgustine.com
Staff reports are due two weeks in advance of a scheduled public meeting.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Appendix B- List of Common Additional Permits
1 . City of Gustine
a. Business License
i. https://www.cityof gustine .com/pview .aspx?id=33709 &ca tid=653
ii.
b. Alcohol - Dance Permit

1. htt· re.rec 1 .com/CA/gustine-ca/catalog
ii.

2. Merced County
a. Environmental Health
i. https ://www.countyofmerced.com/ 597 /Environ mentalHealth ii. Community Food Event Organizer Application

1. https://www.countyofmered.com/DocumentCen
ter/View/37244/VEND-TFE-Guidelines021524LC?bidld=
iii. Community Food Event Application

1. https://www.countyofmerced.com/DocumentCen
ter/View/37246/VEND-Vendor-Community-FoodEvent-Application-realigned-021524LC?bidld= iv. Temporary Food Facility Guidelines

1. https://www.countyofmerced.com/DocumentCen
ter/View/37244/VEND-TFF-Guidelines021524LC?bidld=
v. Annual Temporary Food Facility Application

1. https://www.countyofmerced.com/DocumentCen
ter/View/37242/SOP-Standardized-Annual
Community-Food-Event-TFF-Application-realigned021524LC-?bidld= vi.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

3. California Department of Alcoholic Beverage Control (ABC) a. https://www.abc.ca.gov/licensing/
b. License Look up
i. https://www.bc.ca.gov/licensing/license-lookup/
c. License application
i. https://www.abc.ca.gov/licensing/apply-for-a-newlicense/ d. FAQ
i. https://www.abc.ca.gov/licensing/frequently-askedguestions/

4. Caltrans Encroachment Permit
a. https://dot.ca.gov/programs/traffic-operations/ep
b. Application Process -
httos://www.youtube.com/watch?v=wm4cQP9YSw8
c. Caltrans Encroachment permit manualhttps:// dot .ca .gov /programs/traffic-operations/ ep/ep-man ual d. Encroachment Permit Checklist
i. https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?f rmid=DOTTR0402
e. Caltrans Encroachment Permit Application
i. https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer2f rmid=DOTTR0 l 00

5. California Department of Food and Agriculture
a. https://www.cdfa.ca.gov/ahfss/Animal Health/
b. Livestock and Pet Movement -
https://www.cdfa.ca.gov/AHFSS/Animal Health/Entry Require ments.html
i. Contact Information
CDFA Animal Health and Food Safety Services,
Animal Health Branch
1220 N Street
Sacramento, California 95814
Phone: 916-900-5002
Fax: 916-900-5333
Email: [email protected]

Adopted by Council on: xx/xx/xx through Resolution #2025-00x

Appendix C-_Adopted Fees Reduction Waiver Policy

CITY OF GUSTINE
FEE REDUCTlON AND WAIVER POLICY FOR SPECIAL EVENTS
Adopted ty City Council. Apr1 17, 2018

GENERAL
This poicy establishes parameters for reducing and waiving fees associated with special events (i.e.. facility iees and/or encroachment permit fees).

DEFINITION
A "special event" is defined as any planned activity that requires use of public property which is not within the normal and crdinary use of thc property or which. by nature of he activity. may have a greater impact on City services or resources, neighborhoods, businesses or the community as a whole than would have occurred had the activity not taken place, including, but not limited to, parades, gatherings. arts ond crafts shows/tairs, festivals. and athletic events. The City Manager or his/her designee shall determine whether or not an activity is considered a special event.

PURPOSE
The purpose of Ihis policy is to provide an equitable means for community organizations:
1) To access fee reductions and waivers.
2) To establish mutually beneficial partnerships between City and the community. ond
3) To effectively control the manner in which the City provides event sponsorship to the community.

RESPONSIBILITY
• Fee reductions and waivers are determined by the City Manager or designee who shall ensure that staff follow the procedures set forth in this Policy. • The City Council shall identify an onnual budgeted amount for fee reductions and waivers under this Policy. Once the budgeted amounts have been expended for a fiscal year, the City Manager may not grant any additional fee reductions cr waivers without a budget adjustment approved by the City Council.

POLICY
f/icicle 5en::/Actiyjfies
Fee reductions and waivers are availoblc to wide variety of events including sporting, tourism, cultural. general. and major community events.

The following projects and organizers ore ineligible:

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Private furctions.
• Political parties, lobby groups. or religious groups. • Orgorizatons based outside the Gustine city limits (unless the demonstrated benefits are primarily to the residents of Gustine].
• Projects or organizations who have not satisfactorily fulfilled their obligations following previous fee reduclions, waivers. or City Council sponsorships Fee reductions and waivers:

Fee reductions and waivers are for encroachment permit, facility fees and staff time only. Direct costs including but not limited to insurance fccs arc not eligible for fcc waiver or reduction under this Policy.

The following criteria must be addressed and will be taken into account by the City Manager in evaluating the application.

The event must:;
• Be open to the public.
• Raise the profile of Gustine through prominent acknowledgement of its support on assistance in event marketing materials and at the event itself. • Hove a high number of expected attendees.
• Address City Council priorities and adopted General Plan policies. • Benefit the residents of Gustine.

Preference will be given to events that:
• Create revenue generating opportunities for local businesses. • Are reoccurring.
• Involve more than one Gustine community group [in event organization and/or participation].
• Commit to tracking event attendance and vendor sales. • Demonstrate an inability to pay (if the event is not sponsored by a recognized 501{c)(3) or similar non-profit entity).

Acknowledaement:

All recipients of fee reductions and waivers shall acknowMedge the City's support in all publicity relating to the event or activity. This includes logos and statements in all

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

advertising and promotional material, media releases and in other promotional contexts. Promoliora opportunities should be decile in the event application.

All recipients also agree to allow the City of Gustine to take photos of their booth and product free of charge. Photos taken may be used for City of Gustine marketing purposes.

Additional Terms:
• Scheduling and use of City facilities are subject to the availability of tho requested facilities. Events receiving tee waivers or reductions do not have preference over City programs and activities cr previous commitments to third parties.
• Recipients arc required to adhcrc to all applicable rules, regulations. lows. ond ordinances of the City and other: applicable governmental entities. • Applicants and recipients that fail to abide by Ihe policy and procedures set forth in this document will be ineligible to request fee waiver and or tcc reductions for a period of at least one year.

PROCEDURES
• Applications must be submitted at least 30 days prior to the event, but not more than 12 months prior to the event. Applications must be made in writing and delivered to the City Manager or designee [along with a copy of the organization's IRS 501(c) determination lotter. financial statements from the prior year's event, and the proposed budget for th current yoar's event. Applicants sponsoring an event for the first time will only be required to submit the current year's proposed budget] The City Manager or designee may develop a standard form for applications.
• The City Manager or designee shall evaiuate the application based on the criteria set forth in this Policy and determine whether to reduce or woive fees and the amount of such reduction or waiver. Ihe City Manager or designee shall provide a written determination to each applicant. The City Manager or designee shall provide such decision within 20 days of an application unless additional ime is required, in which cose the opplicant shall be informed of the need for additional time.
• The decision of the City Manager or designee is final. No appeal to the City Council is permitted.
• This Policy does not prohibit the City Council from deciding to sponsor any community event and to reduce cr waive City fees as part of such sponsorship.

Such sponsorship decision shall be made by the City Council, and no member of the party shall have the right to place a sponsorship request on the City Council agenda. Any decision to place an item on the agenda shall be made by the City Council or staff, consistent with City policies and applicable law.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Appendix D- Temporary Traffic Control Plan Guidelines
Temporary Traffic Control Plan (TTCP) must comply with the California Manual on Uniform Traffic Control Devices (CA MUTCD).

1. General Requirements:
a. Must follow CA MUTCD guidelines (Part 6: Temporary Traffic Control).
b. Accommodations for pedestrian and bicycle traffic must be included.
c. Must show location and limits of the effected zone.
d. Label all streets. Show all nearby streets with street names to assure proper orientation.
e. Label "No Parking" zone.
f. Include contractor details (name, address, phone number) if used.
g. Must be legible-illegible plans will be rejected.
h. Show North Arrow and label Drawing Scale or "Not to Scale".

2. Traffic Control Devices
a. All signs shall be retro reflective.
b. All signs shall be installed on type II or type Ill barricades (see legend below).
c. All signs shall be mounted to barricades at least 1-foot above the travel way (measured from bottom of sign).
d. Barricades with sign(s) shall be
placed on roadway adjacent
to curb unless otherwise
indicated. Please see notes for
sign spacing.
e. Barricades and/or signs shall
not block driveways and fire
hydrants at all times.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Appendix E- Schmidt Park Layout Map
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Jensen Rd

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Appendix F - Henry Miller Layout Map
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Adopted by Council on: xx/xx/xx through Resolution #2025-0xx

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Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

Appendix H- Temporary Signage
Sec. 4-38-070.- Standards for specific types of signs. (GMC] Proposed temporary signs shall comply with the following standards where applicable, in addition to the sign area, height, and other requirements of Section 4-38.060 (Zoning District Sign Standards), and all other applicable provisions of this Chapter.

G. Temporary signs. Temporary signs are allowed subject to the following requirements.

1. Temporary noncommercial signs. Temporary noncommercial signs are allowed in all zoning districts on private real property, subject to the following standards:
a. The aggregate signage displayed at one time shall not exceed 32 square feet in area per parcel;
b. Freestanding signs shall not exceed six feet in height; c. Signs shall be displayed for a period not to exceed 60 days; d. Signs shall not be placed on public property or the public right-ofway; e. Signs shall not be displayed without the consent of the property owner.
f. If signs relate to a specific event, signs shall be removed within 15 days of the event to avoid misleading or confusing the public and to mitigate against blight created by excessive and unnecessary signs.

Adopted by Council on: xx/xx/xx through Resolution #2025-xxx

City of Gustine
Community
Minor Special Event
Permit Application
Please select all that apply to your event:

FEE: $XX.00 PD
INITIALS: _

CITY USE ONLY
DATE: _
0 Alcohol [] Street Closure [l More than one Food Vendor If any of the above items are selected, you are required to complete a major event application.

To apply for a minor special event permit you must complete this application fully and also certify that you have read and will comply with the attached Special Events Terms and Conditions. This application, including the signed Terms and Conditions and all other required materials must be submitted no less than 30 days in advance of any proposed special event.

These forms can be completed online at www.cityofqustine.com under Recreation and Facility Rentals.

SUMMARY OF EVENT
EVENT TITLE: _

LOCATION OF EVENT
El Henry Miller Park
□ Harry Schmidt Park
□ Private Property
□ Parking Lot
□ City Streets/Name(s) _
□ Other: --------------

EVENT DATE & TIME
Date(s): TO _Time: TO
If event is more than one, please provide schedule with additional sheets with dates & times.

TYPE OF EVENT
0 Take-out □ Reception □ Festival or Community Event □ Mixer or Open House D Musical Presentation

EXPECTED ATTENDANCE
□ Ceremony [l()ther, _
Estimated Number of Participant Per Day: ls your event open to the public? □ Yes □ No Admission Fee? □ Yes □ No
1

' APPLICANT AND HOST ORGANIZATION INFORMATION
D Commercial Entity □ Non Profit (Proof of IRS 501c (3) must be provided) D Private Entity Host Organization/Event Organizer: _
Event Contact Name: _
Street Address: City: _ State: Zip Code: _
Phone: Cell Phone: --------------- -----------------
Email: Website: _
Day of Event Contact Name: Cell Phone: _

EVENT DESCRIPTION
Please provide a detailed description of your event. Include information on use of vehicles, food, animals, rides, emergency access, or any other pertinent information. You can choose to attach a program or event flyer.

FOOD VENDOR (Only one food vendor allowed for Minor Events} If event holder or a vendor is preparing and serving food or beverages to the public in ANY capacity, they must complete a Merced County Environmental Health Permit Application. The City of Gustine must receive copies of the permit 5 days before the event date.

All food service must follow County of Merced Department of Environmental Health regulations. Contact the County of Merced at (209) 381-1100 or www.co.merced.ea.us/597/Environmenta/-Health If more than one food vendor- pPlease see Major Special Event Application.

NON-FOOD VENDORS
Will non-food items or services be sold at your event? □ Yes □ No If yes, please list the types of items or services sold (you may turn in a separate sheet):

Will vendors be displayed on the sidewalk? □ Yes □ No
Vendors seeking to display goods or conduct business on sidewalks or within the public right of way may require special permission from City of Gustine staff or City Council. All such vendors must obtain the necessary approvals 2

prior to setting up, in compliance with applicable city regulations. Failure to secure the appropriate authorization may result in the removal of the vendor's display and/or additional penalties as determined by City staff or Council.

Number of Booths (other than food): _
All vendors must provide the City of Gustine with copies of ONE the following:
• Gustine Annual Business License
• One-day Special Event Temporary - City of Gustine offers a One-day Special Event Temporary License that must be approved by the City Manager before they are issued. If a One-day Special Event Temporary License is not available the vendor must purchase an Annual Business License. Business Licenses can be purchased at City Hall at 352 5l Street, Gustine, CA 95322. Information and prices can also be found at www.cityofqustine.com.

Entertainment
Will there be amplified system used at your event? [] Yes □ No All venues will have sound level requirements/restrictions set by the City of Gustine.

All events with amplified music will need to obtain a City of Gustine Dance Permit. Permit fee is $51 per day (or current amount listed on the Regulatory Fee Schedule). After event approve this permit can be purchased online at www.cityofgustine.com, under Recreation Registration and Special Events.

INDEMNIFICATION
The undersigned Applicant has applied to the City of Gustine ("City") for permission to occupy and use a public right-of-way or other public property owned or controlled by the City ("the Property") for the purpose of holding an event.

The Applicant understands and acknowledges that such use of the Property for an event may present risks of personal injury, bodily harm, and/or property damage to participants, spectators, and members of the public-risks that may differ from or exceed those typically associated with the ordinary use of the Property. The Applicant further acknowledges that the City has not inspected the Property for the intended use, makes no representations or warranties regarding its safety or fitness for such use, and does not assume responsibility for supervising the event or protecting persons from potential injury or damage.

In consideration of the City's permission to use the Property for the above-described event, the Applicant hereby agrees to indemnify, defend, hold harmless, and forever release the City of Gustine, the Gustine City Council, and their respective officers, employees, volunteers, and agents ( collectively, the "City Parties") from and against any and all claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses (including attorney's fees) arising out of or related to the event, including without limitation any claims for personal or bodily injury, death, or property damage, whether made by event participants, spectators, or other third parties, except to the extent such claims are caused solely by the willful misconduct of the City.

The Applicant further agrees not to represent, directly or indirectly, that the event is sponsored, endorsed, supervised, or otherwise controlled by the City. Any such misrepresentation shall be grounds for immediate revocation of any permit or authorization granted by the City for the event.

By signing below, the Applicant affirms that they are authorized to execute this Indemnification and Waiver of Liability Agreement on their own behalf or on behalf of the entity or organization they represent. The Applicant also understands and agrees that all application information submitted is public record and that event-related fees are subject to change without notice.
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I 16. AFFIDAVIT I
I certify that I have read and reviewed this application in its entirety and declare that the information provided herein is true, complete, and accurate to the best of my knowledge.

I further certify that I am the property owner, an authorized agent of the property owner, or an individual with a legal right, interest, or entitlement to use the property identified in this application-whether public or private-for the purpose of holding the proposed event.

I acknowledge that I have read and understand the City of Gustine' s Special Event Policy and agree to comply with all applicable laws, ordinances, policies, conditions, and requirements governing the event and use of the property.

I understand that it is the Applicant's sole responsibility to ensure compliance with all relevant federal, state, and local regulations, and that City staff are not responsible for providing legal or regulatory guidance. I further acknowledge that approval of this application by the City, including any associated plans or documents, does not constitute legal authorization to violate any applicable law, regulation, or policy, nor does it preclude the City from enforcing corrective measures or penalties in the event of a violation.

I also understand that the City assumes no liability for any damages, injuries, or losses arising from or related to the event, including those resulting from the Applicant's failure to comply with applicable laws or regulations, whether such failure occurs before, during, or after the event.

Finally, I hereby grant permission for authorized representatives of the City of Gustine to enter the subject property, whether public or private, at reasonable times and for reasonable purposes, including but not limited to pre-event inspections, compliance verification, and post-event assessments.

By signing below, I affirm that I am duly authorized to make this certification and to submit this application on behalf of myself or the organization I represent.
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Send completed application to:

City of Gustine Recreation Department
352 5" Street, Gustine, CA. 95322
OR email Tiffany Vitorino at: [email protected] Phone: (209) 854-6471 Fax (209) 854-2127
4

City of Gustine
Community
Major Special Event
Permit Application FEE: $XX.00 PD
INITIALS: _

CITY USE ONLY
DATE: _
Your event is considered a Major Event if any of the below criteria applies (select all that apply):

D Alcohol Beverage License is needed □ Street Closure □ There is more than one Food Vendor If none of the above items are selected, you may qualify for a minor event application.

To apply for a Special Event permit you must complete this application fully and also certify that you have read and will comply with the attached Special Events "Terms and Conditions". This application, including the signed Terms and Conditions and all other required materials must be submitted no less than 60 days prior to the date of the event.

This application, along with the required forms for utilizing a City of Gustine facility, can be completed online at www.cityofqustine.com under the Recreation and Facility Rentals section.

SUMMARY OF EVENT
f/EMT[TIE

LOCATION OF EVENT
D Henry Miller Park
□ Private Property
□ Harry Schmidt Park □ City Streets/Name(s) _
D Parking Lot □Other: _

EVENT DATE & TIME
Date(s): to Time: to _
If event is more than one, please provide schedule with additional sheets with dates & times.

TYPE OF EVENT
[l Parade/Procession
□ Musical Presentation

EXPECTED ATTENDANCE
□ Reception [ Festival, Carnival or Circus □ Ceremony
D Athletic Event/Run □ Other: -----------
Estimated Attendance Per Day: _ Open to the public? □ Yes □ No Admission□ Yes D Y or L N Security required
1