Cities Index.
Agenda packet

Modesto City Council
July 9, 2024

Document
Agenda packet
Meeting
July 9, 2024
Body
Modesto City Council
Pages
42
Original file
153.4 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

Council Committees: Economic Development, Safety and Communities, and Finance. Staff identified this plan by soliciting a 10-question survey intended to gauge the priority areas of the community and received approximately 700 responses to the survey. With the passing of Measure H and new grant funding sources, Council approved under Resolution 2023-251, several ARPA programs to be reallocated to new or existing ARPA programs based on these new funding sources available for these programs.

As the Treasury obligation deadline of December 31, 2024, is closely approaching, City staff determined several ARPA programs would not be able to meet the obligation deadline or in some circumstances, new funding sources were identified to fund these programs. As a result, staff recommended the reallocation of this funding for other eligible ARPA programs and funding contributions, including a $500,000 contribution to the First Tee -Central Valley and Boys and Girls Clubs of Stanislaus County. On June 4, 2024, by Resolution No. 2024-294, Council approved the reallocation of $500,000 in ARPA funding to the First Tee – Central Valley and the Boys and Girls Clubs of Stanislaus County.

DISCUSSION:

The City has a long-standing partnership with the Del Rio CC Foundation, better known as First Tee – Central Valley (First Tee) and the Boys and Girls Clubs of Stanislaus County (Boys and Girls Club). Both organizations offer programs to help young people learn, develop, and thrive.

The First Tee does so through the game of golf and the Boys and Girls Club does so through educational programming. Both organizations serve the community, especially those underserved in West Modesto.

For many years the First Tee operated its youth golf program at the Muni Golf Course and the Boys and Girls Club did the same from Martin Luther King Jr. Park (formerly Mellis Park). In 2020, both non-profits faced relocation challenges. The First Tee was forced to relocate to Dryden Golf Course (Dryden) when the Muni Golf Course closed. The Boys and Girls Clubs’ lease at the park expired and with the City’s plans to renovate the park, needed to relocate its offices (trailer) to another location.

The same year, the City facilitated a Memorandum of Understanding between the First Tee and Boys and Girls Club to form a partnership to relocate operations to a new site. In collaboration with the City, they created a 3-phased plan to relocate all operations to a City-owned property adjacent to Dryden at 924 Sunset Avenue (Figure 1). Phase 1 was completed in 2022 and included relocation and installation of the modular, grading, drainage, pedestrian access, utility connections and landscaping. Both agencies now lease the site from the City for $1 per year.

Phases 2 and 3 would be completed by each agency over time.

Phase 2: - Boys and Girls Clubs – Installation of a multi-purpose turf sports field, mini basketball court, and playground area.

Phase 3 – First Tee: Installation of putting green, chipping green, sand trap, and a threehole golf course and practice area.

Figure 1
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City Council, July 9, 2024
Modesto Forward Grant Agreement with
Del Rio CC Foundation (First Tee- Central Valley)
and Boys and Girls Clubs of Stanislaus County

Page 3 of 7 ends

The City’s allocation of $500,000 in ARPA funding will help with the construction of Phases 2 and 3. Each agency will receive $250,000 which will be obligated by December 31, 2024 and expended by December 31, 2026. Modesto Forward Grant Agreements have been drafted for both organizations and include Scopes of Work (excerpts below) identifying each organizations’ purpose, role, and planned use of the awarded funding.

First Tee – Central Valley
MISSION STATEMENT: The mission of First Tee Central Valley (FTCV) is to help young people develop the strength of character that will enable them to face any challenge throughout their lives. We achieve this by combining golf with life skills curriculum to create a cohesive learning experience that enhances their inner strength, self-confidence, and resilience which they carry into all aspects of their lives.

VISION: “Building Game Changers…one day at a time!”
We strive to be the finest youth development organization in the Central Valley, known for high-quality learning environments and exceptional recreational instruction through the game of golf. FTCV promotes a genuine sense of continuous learning, personal #20..
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City Council, July 9, 2024
Modesto Forward Grant Agreement with
Del Rio CC Foundation (First Tee- Central Valley)
and Boys and Girls Clubs of Stanislaus County

Page 4 of 7 ends

responsibility, citizenship, and community through the commitment of its board, staff, and dedicated volunteers.

VALUES: We prioritize instilling several core values in both our youth participants and us, which are reflected in high-quality, curriculum-based program offerings. These programs provide numerous opportunities to engage with our local youth and impart the following values:
 Commitment to Excellence: We emphasize excellence in all endeavors and interactions with others.
 Teamwork: Our program promotes team building and creates a culture of continuous learning through our engaging lessons.
 Youth-Centered Education: We provide education that is centered around the needs and interests of our youth, emphasizing mastery-driven learning through inclusive program activities.
 Comprehensive Skill Development: Utilizing the First Tee curriculum, we focus on teaching essential life skills, golf techniques, and character traits integral to personal growth and success.
 Building Community: We are dedicated to creating and maintaining a strong community by teaching ethical values, emphasizing understanding, and embracing diversity in our approach.
 Promoting Service: Through our curriculum and community activities, we instill a spirit of service to others among our local Central Valley youth, empowering them to make positive contributions to their communities.

PROJECT SCOPE OF WORK:

First Tee Central Valley is entering the second phase of construction for the Dryden Park Project, located at 920 Roselawn Avenue in Modesto, CA. This collaborative project, with the Boys and Girls Club of Stanislaus County and the City of Modesto, will result in a four-acre recreational area that will be utilized by our organization, the Boys and Girls Club of Stanislaus County, and the greater community in Stanislaus County. This underserved area of West Modesto needs both youth resources and safe green space.

Finished elements of Phase 2 of this project will include:
 Ten outdoor golf hitting bays, including a storage room.  These ten bays will be divided stations with premium-size practice mats to provide space and safety between participants.
 Landscaping and natural turf, with appropriate irrigation and drainage throughout the project site.
 Safety netting, with extended height, to allow multiple program activities such as golf, baseball, and softball.
 Eight-foot-tall fencing around the perimeter of the facility for safety and security.

The fence will not block the view of the facility.
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City Council, July 9, 2024
Modesto Forward Grant Agreement with
Del Rio CC Foundation (First Tee- Central Valley)
and Boys and Girls Clubs of Stanislaus County

Page 5 of 7 ends

Boys & Girls Clubs of Stanislaus County
MISSION STATEMENT: The mission of the Boys & Girls Clubs of Stanislaus County is to enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens.

VISION: To provide a world-class Club Experience that assures success is within reach of every young person who enters our doors, with all members on track to graduate from high school with a plan for the future, demonstrating good character and citizenship, and living a healthy lifestyle.

VALUES: The culture we build together is rooted in our I CARE values.  Integrity: We are authentic, trustworthy, honest, and transparent. We strive to do the right thing every day, every time to advance our Mission.  Collaboration: We work effectively within and across teams to accomplish our goals in support of the Mission and each other. We celebrate successes and continually learn and grow together.
 Accountability: We take ownership of our actions, decisions, and results. We hold ourselves to a high standard while being impeccable stewards of our resources.  Respect: We value diversity and create environments of belonging. We treat others with respect personally and professionally. We embrace ways of thinking that may be different from our own to advance our Mission.  Excellence: We excel in service to our Clubs, our partners, and donors, and each other. We innovate and measure impact to continuously improve ourselves and our organization to advance our Mission.

PROJECT SCOPE OF WORK:

Boys & Girls Clubs of Stanislaus County has twelve (12) Clubs throughout the city of Modesto and enrolled over 3,000 Club Kids 2023 between all clubs.

Eleven (11) of our clubs are located on school sites, while our teen center serves as our only standalone club site.

The one teen center is located in Southwest Modesto, an area with unique challenges and opportunities. Since opening its doors in 2023, they’ve hosted summer camp, two spring break camps, two winter camps, and a full school year of afterschool programs. “The Club” is a space within the Boys & Girls Clubs of Stanislaus County designed especially for Club Kids in 6th through 12th grade.

Students in middle and high school typically have options for where they spend their time after school, and this can sometimes leave them unsupervised and atrisk to engage in risky behaviors like experimenting with drugs, alcohol, or unsafe sexual behaviors. Unsupervised teens lack the guidance needed to navigate potentially dangerous situations that can lead to accidents and injuries, victimization of violent crimes, and falling under negative peer influences.

Phase 3 Development (Portion):

Our objective with this site is to continue developing it as a safe and supervised space where teens can spend their time after school in a structured environment #20..
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City Council, July 9, 2024
Modesto Forward Grant Agreement with
Del Rio CC Foundation (First Tee- Central Valley)
and Boys and Girls Clubs of Stanislaus County

Page 6 of 7 ends

with academic support through homework help, tutoring, and educational programs. Outside of the modular building, is a space designed to add a valuable component to the work we do - a safe outdoor recreation site.

Construction will include
o Basketball court(s)
o Picnic area
o Concrete ping-pong tables
o Green space for a community garden.

The provision of ARPA funds allows both the First Tee and Boys and Girls Club expedite the development of the site and expand safe and quality youth programming in the community.

FISCAL IMPACT:

The Fiscal Year 2023-24 Non-Capital Project Budget will be amended to fund Project #101345 (American Rescue Plan Act Project) in an amount not to exceed $500,000 in transfers, revenue, and to budget expenditures to fund the Project. Finance will process any budget adjustments necessary to remit $250,000 payments each to Del Rio CC Foundation (First Tee – Central Valley) and the Boys and Girls Clubs of Stanislaus County within the next 30 days. Both organizations are required to expend funding on or before December 31, 2026 in compliance with the terms and conditions of the Grant Agreement.

COMMITTEE RECOMMENDATION:

This item was considered on April 17, 2024 by the Finance Committee at the FY 2024-2025 Budget Hearings. The allocation of ARPA funding for the First Tee and Boys and Girls Clubs of Stanislaus County was approved by Council on June 4, 2024 by Resolution No. 2024-294.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with Del Rio CC Foundation (First Tee – Central Valley), in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.

Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Boys and Girls Clubs of Stanislaus County, in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.

Resolution amending the Fiscal Year 2023-24 Non-Capital Project Budget to fund Project #101345 (American Rescue Plan Act Project) in an amount not to exceed $500,000 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution. #20..
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City Council, July 9, 2024
Modesto Forward Grant Agreement with
Del Rio CC Foundation (First Tee- Central Valley)
and Boys and Girls Clubs of Stanislaus County

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Approved by:

Jeremy Rogers, CPRE
Director of Parks, Recreation & Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – Del Rio CC Foundation (First Tee)

2. Resolution – Boys and Girls Clubs of Stanislaus County

3. Resolution – Budget Adjustment (First Tee & Boys & Girls Clubs)

4. Agreement – Del Rio CC Foundation (First Tee)

5. Agreement – Boys & Girls Clubs of Stanislaus County
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07/09/2024/PRND/ROGERS 1 2024-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2024

RESOLUTION APPROVING THE CITY OF MODESTO PANDEMIC
RECOVERY STRATEGY – MODESTO FORWARD GRANT AGREEMENT
WITH DEL RIO CC FOUNDATION (FIRST TEE – CENTRAL VALLEY), IN AN AMOUNT NOT TO EXCEED $250,000 IN AMERICAN RESCUE PLAN ACT

FUNDING, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, in April 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion emergency relief measure intended to provide relieve from the impact of COVID-19; and
WHEREAS, the legislation made a historic investment into local governments, include $45,894,056 to the City of Modesto to address the local impact of COVID-19; and
WHEREAS, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward (Modesto Forward), a comprehensive spending plan designed to support the local recovery from the pandemic; and WHEREAS, the spending plan included $7,105,500 for Economic Vitality initiatives, with $250,000 allocated to the Modesto Convention and Visitors Bureau (CVB) in the City’s Year 1 and Year 2’s spending plan; and WHEREAS, by Resolution No. 2022-237, Council approved the Year 2 expenditure plan; and
WHEREAS, by Resolution No. 2023-251, Council approved the reallocation of ARPA funding to new or existing ARPA programs; and
WHEREAS, by Resolution No. 2024-294, Council approved the reallocation of APRA funding to new or existing ARPA program, including $500,000 in funding to the First Tee – Central Valley and the Boys and Girls Clubs of Stanislaus County; and #20..
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07/09/2024/PRND/ROGERS 2 2024-?
WHEREAS, the First Tee – Central Valley will receive $250,000; and WHEREAS, the First Tee – Central Valley is operated by Del Rio CC Foundation, a California non-profit corporation; and
WHEREAS, the funds will be used to finish Phase 2 elements for the Dryden Park Project, located at 920 Roselawn Avenue, including outdoor golf hitting bays, storage, landscaping, natural turf, safety netting, and perimeter fencing; and WHEREAS, all funds must be obligated by December 31, 2024 and expended by December 31, 2026.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City of Modesto Pandemic Recovery Strategy – Modesto Forward – Grant Agreement with Del Rio CC Foundation, a California non-profit corporation, in an amount not to exceed $250,000 in ARPA funds.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Agreement, approved as to form by the City Attorney. #20..
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07/09/2024/PRND/ROGERS 3 2024-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#20..
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07/09/2024/PRND/ROGERS 1 2024-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2024

RESOLUTION APPROVING THE CITY OF MODESTO PANDEMIC
RECOVERY STRATEGY – MODESTO FORWARD GRANT AGREEMENT

WITH THE BOYS AND GIRLS CLUBS OF STANISLAUS COUNTY, IN AN AMOUNT NOT TO EXCEED $250,000 IN AMERICAN RESCUE PLAN ACT

FUNDING, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, in April 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion emergency relief measure intended to provide relieve from the impact of COVID-19; and
WHEREAS, the legislation made a historic investment into local governments, include $45,894,056 to the City of Modesto to address the local impact of COVID-19; and
WHEREAS, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward (Modesto Forward), a comprehensive spending plan designed to support the local recovery from the pandemic; and WHEREAS, the spending plan included $7,105,500 for Economic Vitality initiatives, with $250,000 allocated to the Modesto Convention and Visitors Bureau (CVB) in the City’s Year 1 and Year 2’s spending plan; and WHEREAS, by Resolution No. 2022-237, Council approved the Year 2 expenditure plan; and
WHEREAS, by Resolution No. 2023-251, Council approved the reallocation of ARPA funding to new or existing ARPA programs; and
#20..
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07/09/2024/PRND/ROGERS 2 2024-?
WHEREAS, by Resolution No. 2024-294, Council approved the reallocation of APRA funding to new or existing ARPA program, including $500,000 in funding to the First Tee – Central Valley and the Boys and Girls Clubs of Stanislaus County; and WHEREAS, the Boys and Girls Clubs of Stanislaus County, a California nonprofit corporation, will receive $250,000; and WHEREAS, the funds will be used for a safe outdoor recreation site including basketball court(s), picnic area, concrete ping-pong tables, and green space for a community garden; and
WHEREAS, all funds must be obligated by December 31, 2024 and expended by December 31, 2026.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City of Modesto Pandemic Recovery Strategy – Modesto Forward – Grant Agreement with the Boys and Girls Clubs of Stanislaus County, a California non-profit corporation, in an amount not to exceed $250,000 in ARPA funds.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Agreement, approved as to form by the City Attorney. #20..
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07/09/2024/PRND/ROGERS 3 2024-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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07/09/2024/PRNJRogers/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 NON-CAPITAL PROJECT BUDGET TO FUND PROJECT #101345 (AMERICAN RESCUE PLAN ACT PROJECT) IN AN AMOUNT NOT TO EXCEED $500,000 IN TRANSFERS,

REVENUE, AND TO BUDGET EXPENDITURES TO FUND THE PROJECT, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, under Project 101345, two funding agreements will be executed with Del Rio CC Foundation and Boys and Girls Clubs of Stanislaus County. Both organizations offer programs to help young people learn, develop, and thrive. The First Tee does so through the game of golf and the Boys and Girls Club does so through educational programming. Both organizations serve the community, especially those underserved in West Modesto; and
WHEREAS, American Rescue Plan Act (ARPA) funding of $500,000 must be allocated to fund the agreements; and
WHEREAS, the Fiscal Year 2023-2024 Non-Capital Project Budget must be amended to increase Project 101345 – American Rescue Plan Act (ARPA) in a total amount of $500,000 to establish transfers, recognize revenue, and increase expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2023-2024 Non-Capital Project Budget to increase Project 101345 – American Rescue Plan Act (ARPA) in an amount not to exceed $500,000 in transfers, revenue and to budget expenditures to fund the project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #20..
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07/09/2024/PRNJRogers/Item X 2 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July, 2024, by Councilmember _________, who moved its adoption, which motion being duly seconded by Councilmember _________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES:

ABSENT:

Councilmembers:

Councilmembers:

ATTEST: ________________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#20..
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Grant Funding Agreement - $250,000
1 CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD

GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of ____________ 2024 (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Del Rio CC Foundation, a California non-profit corporation and doing business as First Tee Central Valley (“Recipient”). The City and First Tee – Central Valley shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which may include ARPA funding, to programs supporting the post pandemic initiatives; and WHEREAS, on June 4, 2024, the City Council adopted Resolution No 2024-194, awarding a grant of Two-Hundred and Fifty Thousand Dollars ($250,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date and shall terminate upon the Recipient’s completion of all requirements of this Agreement. #20..
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Grant Funding Agreement - $250,000
2 2. Grant Award
A. The City shall provide Recipient with a grant of Two Hundred and Fifty Thousand Dollars ($250,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached hereto and incorporated by referenced (the “Activities”).

Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.

Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.

C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto or persons visiting or temporarily in Modesto.

D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026.

Any portion of the Grant that has not been expended by December31, 2026 shall be returned to the City no later than January 10, 2027.

3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.

The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities, and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.

B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.

4. Department of Treasury Reporting Requirements
Recipient shall comply with the Department of the Treasury’s “Compliance and Reporting Guidance – State and Local Fiscal Recovery Funds” and submit reports to the City as scheduled and identified in Exhibit B, attached hereto and incorporated herein by reference, unless waived by the City’s Finance Director in writing. #20..
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Grant Funding Agreement - $250,000
3 5. Annual Reporting Requirements
Recipient shall submit an annual report to the City within 180 days of the end of the Recipient’s fiscal year. The annual report shall be in addition to the reporting required by Section 4, and shall include:

A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts) ; E. Any other information reasonably requested by the City.

6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.

C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.

Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.

7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City .

8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:

A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit A of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; #20..
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Grant Funding Agreement - $250,000
4 C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.

D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.

E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or t fails to provide any documentation requested by the City in accordance with the terms of this agreement;
G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;

9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq.

10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.

11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City. #20..
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Grant Funding Agreement - $250,000
5 B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.

12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This #20..
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6 insurance shall cover any automobile for bodily injury and property damage.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.

13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and #20..
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7 requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.

14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first class mail to the respective Parties as follows:

To City:

City of Modesto
Attn: Director of Parks, Recreation & Neighborhoods
1010 10th Street
P.O. Box 642
Modesto, CA 95353
To Recipient:

First Tee – Central Valley
Attn: John Griston
920 Sunset Avenue
Modesto, CA 95351

15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any #20..
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8 court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.

The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue #20..
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9 of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the work of the subcontractor to be joined. The Recipient’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and

18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.

19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such #20..
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10 right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient will have a valid City of Modesto Business License.

E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.

F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.

IN WITNESS WHEREOF, the Parties have executed this MODESTO FORWARD GRANT AGREEMENT as of the effective date set forth above.
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11 EXHIBIT “A”

CONTRIBUTION FUNDING AGREEMENT

SCOPE OF WORK
Dryden Park Project
RECIPIENT: First Tee Central Valley
BUSINESS NAME: First Tee Central Valley
812 14th Street Modesto, CA 95354
(209) 544-1755
John Griston, [email protected]
MISSION STATEMENT: The mission of First Tee Central Valley is to help young people develop the strength of character that will enable them to face any challenge throughout their lives. We achieve this by combining golf with life skills curriculum to create a cohesive learning experience that enhances their inner strength, self-confidence, and resilience which they carry into all aspects of their lives.

VISION: “Building Game Changers…one day at a time!”
We strive to be the finest youth development organization in the Central Valley, known for high-quality learning environments and exceptional recreational instruction through the game of golf. FTCV promotes a genuine sense of continuous learning, personal responsibility, citizenship, and community through the commitment of its board, staff, and dedicated volunteers.

VALUES: We prioritize instilling several core values in both our youth participants and us, which are reflected in high-quality, curriculum-based program offerings. These programs provide numerous opportunities to engage with our local youth and impart the following values:
• Commitment to Excellence: We emphasize excellence in all endeavors and interactions with others.
• Teamwork: Our program promotes team building and creates a culture of continuous learning through our engaging lessons.
• Youth-Centered Education: We provide education that is centered around the needs and interests of our youth, emphasizing mastery-driven learning through inclusive program activities.
• Comprehensive Skill Development: Utilizing the First Tee curriculum, we focus on teaching essential life skills, golf techniques, and character traits integral to personal growth and success. #20..
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12 • Building Community: We are dedicated to creating and maintaining a strong community by teaching ethical values, emphasizing understanding, and embracing diversity in our approach. • Promoting Service: Through our curriculum and community activities, we instill a spirit of service to others among our local Central Valley youth, empowering them to make positive contributions to their communities.

PROJECT SCOPE OF WORK:

First Tee Central Valley is entering the second phase of construction for the Dryden Park Project, located at 920 Roselawn Avenue in Modesto, CA. This collaborative project, with The Boys and Girls Club of Stanislaus County and the City of Modesto, will result in a four-acre recreational area that will be utilized by our organization, The Boys and Girls Club of Stanislaus County, and the greater community in Stanislaus County. This underserved area of West Modesto needs both youth resources and safe green space.

Finished elements of phase 2 of this project will include:
 Ten outdoor golf hitting bays, including a storage room.  These ten bays will be divided stations with premium-size practice mats to provide space and safety between participants.
 Landscaping and natural turf, with appropriate irrigation and drainage throughout the project site.
 Safety netting, with extended height, to allow multiple program activities such as golf, baseball, and softball.
 Eight-foot-tall fencing around the perimeter of the facility for safety and security. The fence will not block the view of the facility.

Specific tasks, materials, and labor are needed to deliver the items listed above. Further details on the specific scope of work are outlined below:

1. Engineering: To include surveying and design of the entire project.

2. Excavation of Project Area: Comprehensive land excavation, precise shaping, grading, and strategic drainage across the four-acre project site. Additionally, the installation of irrigation systems and landscaping enhancements will optimize functionality and aesthetics.

3. Fencing Installation: Implementation of high-quality fencing solutions to delineate boundaries, enhance security, and elevate the overall aesthetics of the project area.

4. Metal Building Structure Construction: This element includes a cement foundation, assembly of metal beam frames, installation of metal panels, and roofing to complete project-site office structures.

5. Landscape: Purchase and deliver dirt for site shaping and grading. Sod purchase and installation for golf areas.

6. Netting Installation: Netting systems, including sturdy steel poles and expert labor sourced from Nets of America, will provide optimal safety and performance standards. #20..
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13 7. Premium Hitting Mats: Ten deluxe 10 X 4 premium hitting mats will be purchased and installed.

CONTRIBUTION:

Amount: $250,000
Use of Contribution as it relates to project/program’s overall budget:
 100% of the contribution will go towards constructing the elements described in the scope of work listed above.
 This funding will contribute to 50% of the project's overall cost.

Project/Program Manager responsible for Contribution
 John Griston, Executive Director, First Tee Central Valley Outcomes expected as a result of the Contribution.
 The contribution will facilitate the project's forward progress, supporting the completion of phase 2 elements.
 The contribution will aid in commencing construction of this phase of the facility earlier than anticipated.
 The outcome will be the establishment of green and recreational spaces that benefit our community youth and families.
 Upon completion, our local youth in West Modesto will have greater access to community resources and mentoring programs.

Project Timeline:
 Engineering and Design: Complete by August 2024
 Excavation: Late August/Early September 2024
 Fencing: Late September 2024
 Metal Building Structure Construction: October 2024
 Landscape and Turf: November 2024
 Netting Installed: November 2024
 Hitting Mats Installed: November 2024
 Ribbon Cutting Ceremony: March 2025
 Project Completion Date: Estimated April 2025
.
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14 EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S.

Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.

2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.

3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to #20..
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15 Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
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16 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

10. Remedial Actions. In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.

11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

13. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.” #20..
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17 14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
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18 v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and #20..
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19 activities for individuals who, because of national origin, have Limited English proficiency (LEP).

Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9.

10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result #20..
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20 from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of noncompliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
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21 EXHIBIT C

ANNUAL REPORTING REQUIREMENTS
Recipient shall use Exhibit C to provide an annual performance report.

The initial report will cover the period from the date the contract was executed to the following June 30, and will be due to the City within 15 days after the end of the reporting period. Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to City within 15 days after the end of the 12-month period (by July 15).

Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.

The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period. Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to City within 15 calendar days after the end of the 12-month period (by July 15).

Annual Report Period Covered Due Date
1 Award – June 30, 2022 July 15, 2022
2 July 1, 2022 – June 30, 2023 July 15, 2023
3 July 1, 2023 – June 30, 2024 July 15, 2024
4 July 1, 2024 – June 30, 2025 July 15, 2025
5 July 1, 2025 – June 30, 2026 July 15, 2026
6 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:

Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at https://home.treasury.gov/system/files/136/SLFRF-Compliance-andReporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.

Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.

Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient. #20..
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22 RECIPIENT
202X Annual Report

GENERAL OVERVIEW
Uses of Funds
Describe in further detail contractor’s intended and actual uses of the funds, such as how contractor’s approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, explain how the funds would support the communities, populations, or individuals in the County. Address how you are promoting each of the following Expenditure Categories, to the extent they apply:

A. Evaluation and Data Analysis
Promoting equitable outcomes
If applicable, describe how contractor’s planned or current use of funds prioritizes economic and racial equity as a goal, names specific targets intended to produce meaningful equity results at scale, and articulates the strategies to achieve those targets. Explain how contractor’s overall equity strategy translates into the specific services or programs offered by Contractor in the following Expenditure Categories:
a. Negative Economic Impacts (EC 2): assistance to households, small businesses, and nonprofits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; employment programs for people with barriers to employment who faced negative economic impacts from the pandemic (such as residents of low-income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities); and other strategies that provide disadvantaged groups with access to education, jobs, and opportunity.
b. Services to Disproportionately Impacted Communities (EC 3): services to address health disparities and the social determinants of health, build stronger neighborhoods and communities (e.g., affordable housing), address educational disparities (e.g., evidence-based tutoring, community schools, and academic, social-emotional, and mental health supports for high poverty schools), and promote healthy childhood environments (e.g., home visiting, childcare).

If applicable, describe contractor’s efforts to date and intended outcomes to promote equity using qualitative and quantitative data on how the jurisdiction’s approach achieved or promoted equitable outcomes or progressed against equity goals. Describe any constraints or challenges that impacted project success in terms of increasing equity.
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23 Describe the geographic and demographic distribution of funding, including whether it is targeted toward traditionally marginalized communities.

Community Engagement
Describe how contractor’s planned or current use of funds incorporates written, oral, and other forms of input that capture diverse feedback from constituents, community-based organizations, and the communities themselves. Where relevant, this description must include how funds will build the capacity of community organizations to serve people with significant barriers to services, including people of color, people with low incomes, limited English proficiency populations, and other traditionally underserved groups.
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24 EXHIBIT D

QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Recipient shall use Exhibit D to provide a quarterly project and expenditure report.

The initial report will cover the period from the date the contract was executed through the end of the quarter, and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and Recipients will be required to submit the report to the City within 15 days after the end of the quarter.

ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity: Project Name:

Reporting Period Start Date: Reporting Period End Date:

Expenditure Category:
[PLEASE SELECT ONE]
Please provide a brief description of the activities conducted:

Category Cumulative
Expenditures to
date ($)
Cumulative
Obligations to
date ($)
Current Period
Expenditures
Current Period
Obligations
[PLEASE SELECT ONE]

PROJECT

EXPENDITURES

PROJECT STATUS
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1 CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD

GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of ____________ 2024 (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Boys and Girls Clubs of Stanislaus County, a California non-profit corporation (“Recipient”). The City and the Boys and Girls Clubs of Stanislaus County shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which may include ARPA funding, to programs supporting the post pandemic initiatives; and WHEREAS, on June 4, 2024, the City Council adopted Resolution No 2024-194, awarding a grant of Two-Hundred and Fifty Thousand Dollars ($250,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date and shall terminate upon the Recipient’s completion of all requirements of this Agreement. #20..
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2 2. Grant Award
A. The City shall provide Recipient with a grant of Two Hundred and Fifty Thousand Dollars ($250,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached hereto and incorporated by referenced (the “Activities”).

Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.

Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.

C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto or persons visiting or temporarily in Modesto.

D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026.

Any portion of the Grant that has not been expended by December31, 2026 shall be returned to the City no later than January 10, 2027.

3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.

The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities, and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.

B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.

4. Department of Treasury Reporting Requirements
Recipient shall comply with the Department of the Treasury’s “Compliance and Reporting Guidance – State and Local Fiscal Recovery Funds” and submit reports to the City as scheduled and identified in Exhibit B, attached hereto and incorporated herein by reference, unless waived by the City’s Finance Director in writing.

5. Annual Reporting Requirements
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3 Recipient shall submit an annual report to the City within 180 days of the end of the Recipient’s fiscal year. The annual report shall be in addition to the reporting required by Section 4, and shall include:

A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts) ; E. Any other information reasonably requested by the City.

6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.

C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.

Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.

7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City .

8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:

A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit A of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; #20..
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4 C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.

D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.

E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or t fails to provide any documentation requested by the City in accordance with the terms of this agreement;
G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;

9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq.

10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.

11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City. #20..
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5 B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.

12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This #20..
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6 insurance shall cover any automobile for bodily injury and property damage.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.

13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and #20..
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7 requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.

14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first class mail to the respective Parties as follows:

To City:

City of Modesto
Attn: Director of Parks, Recreation & Neighborhoods
1010 10th Street
P.O. Box 642
Modesto, CA 95353
To Recipient:

Boys and Girls Clubs of Stanislaus County
Attn: President & Chief Executive Officer
920 Sunset Avenue
Modesto, CA 95351

15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in #20..
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8 any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.

The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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9 The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the work of the subcontractor to be joined. The Recipient’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and

18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.

19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or #20..
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10 remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient will have a valid City of Modesto Business License.

E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.

F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.

IN WITNESS WHEREOF, the Parties have executed this MODESTO FORWARD GRANT AGREEMENT as of the effective date set forth above.
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11 EXHIBIT "A"

CONTRIBUTION FUNDING AGREEMENT

SCOPE OF WORK
RECIPIENT: The Club, a Boys & Girls Clubs Teen Center
BUSINESS NAME: Boys & Girls Clubs of Stanislaus Conty
819 17th Street, Suite 300
(209) 222-5826
Craig Orona, [email protected]
MISSION STATEMENT: The mission of the Boys & Girls Clubs of Stanislaus County is to enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens.

VISION: To provide a world-class Club Experience that assures success is within reach of every young person who enters our doors, with all members on track to graduate from high school with a plan for the future, demonstrating good character and citizenship, and living a healthy lifestyle.

VALUES: The culture we build together is rooted in our I CARE values.

INTEGRITY: We are authentic, trustworthy, honest, and transparent. We strive to do the right thing every day, every time to advance our Mission.

COLLABORATION: We work effectively within and across teams to accomplish our goals in support of the Mission and each other. We celebrate successes and continually learn and grow together.

ACCOUNTABILITY: We take ownership of our actions, decisions, and results. We hold ourselves to a high standard while being impeccable stewards of our resources.

RESPECT: We value diversity and create environments of belonging. We treat others with respect personally and professionally. We embrace ways of thinking that may be different from our own to advance our Mission.

EXCELLENCE: We excel in service to our Clubs, our partners, and donors, and each other. We innovate and measure impact to continuously improve ourselves and our organization to advance our Mission.
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12 PROJECT SCOPE OF WORK:

Boys & Girls Clubs of Stanislaus County has 12 Clubs throughout the city of Modesto and enrolled over 3,000 Club Kids 2023 between all clubs. 11of our clubs are located on school sites, while our teen center serves as our only standalone club site. Located in Southwest Modesto, an area with unique challenges and opportunities, our doors opened to teens in May of 2023, since we have hosted summer camp, two spring break camps, two winter camps, and a full school year of afterschool programs.

The Club, is a space within the Boys & Girls Clubs of Stanislaus County designed especially Club Kids in 6th through 12th grade. Students in middle and high school typically have options for where they spend their time after school, and this can sometimes leave them unsupervised and at-risk to engage in risky behaviors like experimenting with drugs, alcohol, or unsafe sexual behaviors. Unsupervised teens lack the guidance needed to navigate potentially dangerous situations that can lead to accidents and injuries, victimization of violent crimes, and falling under negative peer influences. Our objective with this site is to establish a safe and supervised space where teens can spend their time after school in a structured environment with academic support through homework help, tutoring, and educational programs. We strive to facilitate skill development in areas such as leadership, teamwork, communication, and problem-solving, while also offering mentorship and guidance from adult mentors who serve as positive role models. Our commitment extends to engaging teens in recreational, sports, and physical activities that promote health and well-being, fostering positive peer interaction and a sense of belonging and community. We also promote community engagement through programs that include service projects, and civic engagement activities, as we all as offering career exploration to help teens explore future career paths and develop job skills.

Safety is priority for us at the Boys & Girls Clubs of Stanislaus County, coupled with innovative and engaging programs, is what sets our afterschool enrichment apart from just after-school childcare. Outside of our modular building, is a space with the potential to add a valuable component to the work we do- a safe outdoor recreation build, complete with basketball courts, picnic tables, concrete ping-pong tables, and a green space for a community garden. We envision a space where neighborhood kids can come to not only engage in Boys & Girls Clubs' programs but also have a safe place free from any negative influences, allowing them to just be kids - carefree, curious, creative, playful and joyful.

Everything we do resolves around our club kids learning and growing through fun and play, the renovation of the outdoor space is an investment in the lives of teens West Modesto who need us most of all - we are leading by example, showing our local youth that they matter, they deserve quality programs and spaces and a community that believes in protecting and empowering them.

In return, they become adults who continue a legacy or caring community and leaders who uplift generations behind them.

Amount: $250,000
Use of Contribution as it relates to project/program's overall budget:
 100% of the contribution will go towards the construction of our recreation space at The Club, the Boys & Girls Clubs of Stanislaus County's teen center.  • 20 - 30% of the overall cost of the Project
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13 Project/Program Manager responsible for Contribution  Craig Orona, President/CEO (Boys & Girls Clubs of Stanislaus County) Outcomes expected as a result of the Contribution
 Contribution will help complete the renovation project earlier than anticipated.

Projected Project Timeline:
 December 2024 Secure Contractor
 Spring 2025 Break Ground
 December 2026 Project (sub-phase 1 & 2) complete
Note- all contributions must be expended on or before December 31, 2026. Unused contributions, or portions remaining, shall be returned to the City of Modesto no later than March 31, 2027. #20..
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14 EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S.

Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.

2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.

3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to #20..
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15 Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
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16 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

10. Remedial Actions. In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.

11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

13. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.” #20..
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Grant Funding Agreement - $250,000
17 14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
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Grant Funding Agreement - $250,000
18 v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and #20..
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19 activities for individuals who, because of national origin, have Limited English proficiency (LEP).

Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9.

10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result #20..
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20 from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of noncompliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
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21 EXHIBIT C

ANNUAL REPORTING REQUIREMENTS
Recipient shall use Exhibit C to provide an annual performance report.

The initial report will cover the period from the date the contract was executed to the following June 30, and will be due to the City within 15 days after the end of the reporting period. Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to City within 15 days after the end of the 12-month period (by July 15).

Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.

The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period. Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to City within 15 calendar days after the end of the 12-month period (by July 15).

Annual Report Period Covered Due Date
1 Award – June 30, 2022 July 15, 2022
2 July 1, 2022 – June 30, 2023 July 15, 2023
3 July 1, 2023 – June 30, 2024 July 15, 2024
4 July 1, 2024 – June 30, 2025 July 15, 2025
5 July 1, 2025 – June 30, 2026 July 15, 2026
6 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:

Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at https://home.treasury.gov/system/files/136/SLFRF-Compliance-andReporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.

Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.

Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient. #20..
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22 RECIPIENT
202X Annual Report

GENERAL OVERVIEW
Uses of Funds
Describe in further detail contractor’s intended and actual uses of the funds, such as how contractor’s approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, explain how the funds would support the communities, populations, or individuals in the County. Address how you are promoting each of the following Expenditure Categories, to the extent they apply:

A. Evaluation and Data Analysis
Promoting equitable outcomes
If applicable, describe how contractor’s planned or current use of funds prioritizes economic and racial equity as a goal, names specific targets intended to produce meaningful equity results at scale, and articulates the strategies to achieve those targets. Explain how contractor’s overall equity strategy translates into the specific services or programs offered by Contractor in the following Expenditure Categories:
a. Negative Economic Impacts (EC 2): assistance to households, small businesses, and nonprofits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; employment programs for people with barriers to employment who faced negative economic impacts from the pandemic (such as residents of low-income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities); and other strategies that provide disadvantaged groups with access to education, jobs, and opportunity.
b. Services to Disproportionately Impacted Communities (EC 3): services to address health disparities and the social determinants of health, build stronger neighborhoods and communities (e.g., affordable housing), address educational disparities (e.g., evidence-based tutoring, community schools, and academic, social-emotional, and mental health supports for high poverty schools), and promote healthy childhood environments (e.g., home visiting, childcare).

If applicable, describe contractor’s efforts to date and intended outcomes to promote equity using qualitative and quantitative data on how the jurisdiction’s approach achieved or promoted equitable outcomes or progressed against equity goals. Describe any constraints or challenges that impacted project success in terms of increasing equity.
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23 Describe the geographic and demographic distribution of funding, including whether it is targeted toward traditionally marginalized communities.

Community Engagement
Describe how contractor’s planned or current use of funds incorporates written, oral, and other forms of input that capture diverse feedback from constituents, community-based organizations, and the communities themselves. Where relevant, this description must include how funds will build the capacity of community organizations to serve people with significant barriers to services, including people of color, people with low incomes, limited English proficiency populations, and other traditionally underserved groups.
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24 EXHIBIT D

QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Recipient shall use Exhibit D to provide a quarterly project and expenditure report.

The initial report will cover the period from the date the contract was executed through the end of the quarter, and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and Recipients will be required to submit the report to the City within 15 days after the end of the quarter.

ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity: Project Name:

Reporting Period Start Date: Reporting Period End Date:

Expenditure Category:
[PLEASE SELECT ONE]
Please provide a brief description of the activities conducted:

Category Cumulative
Expenditures to
date ($)
Cumulative
Obligations to
date ($)
Current Period
Expenditures
Current Period
Obligations
[PLEASE SELECT ONE]

PROJECT

EXPENDITURES

PROJECT STATUS
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https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1110CUC O

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 9, 2024
Date: June 11, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Request for Proposal – Modesto’s 150th Anniversary Mural Project CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected]. 209-577-5418
DESCRIPTION:

Consider approving the Culture Commission’s request to move forward in issuing its Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan to promote trust and engagement through collaborating with community and civic organizations.

BACKGROUND:

Section 11101 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities. Their role is to promote the preservation of historic sites, landmarks, art, and other objects associated with the history of the City and the area. Its mission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and visit.

In 2018, members of the Culture Commission served on the planning committee commemorating the City’s Sesquicentennial in 2020. One effort was a multi-mural project celebrating Modesto’s 150-year history, culture, diversity, richness, and bounty. Sadly, most celebratory efforts were abandoned due to the 2020 global pandemic. However, as life began to return to normal, and Culture Commission meetings resumed, and they affirmed their goal to have a commemorative mural funded and created. Finally in early 2024, they unanimously approved a Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project.
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City Council, July 9, 2024
Request for Proposal – Modesto’s 150th Anniversary Mural Project

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22.06CUCOSEARDEARWOSI
DISCUSSION:

The Culture Commission is requesting approval to solicit proposals from qualified artists, teams of artists, and muralists to create a mural on the south wall of the 10th Street Parking Garage to commemorate the City’s 150th Anniversary. The garage is owned by the City and the wall, 44’x32’, provides a large canvas visible to all those congregating in Tenth Street Plaza and utilizing the 10th Street Parking Garage. Mural installation on the brick surface is viable. Earlier this year, a mural was installed on the north facing wall of the same garage. This installation was successful and cost the installer $23,500 / $10.75 per square foot to complete.

A budget of $25,000 has been set aside for the award of contract, installation, and materials.

The Culture Commission’s vision for the 150th Anniversary mural is to serve as:
1) A celebration of Modesto, including its rich history, and what makes it unique. 2) Imagery that enhances the character of downtown.
3) A destination that people from within and outside the community will visit and photograph.

Request for Proposals (RFP)
Eligibility: This call for proposals is an open competition pursuant to Modesto Municipal Code Section 4-22.06(a)(2)2, and all artists and/or muralists with reviewable portfolios are eligible to apply. This includes community groups, youth and student artists who work with a professional artist(s), and art teachers who are interested in mentoring a group of students – bearing in mind that youth should be between the ages of 12 and 19 with an aptitude in the arts appropriate to the project.

Evaluation Criteria: In compliance with Modesto Municipal Code Section 4-22.063, the Culture Commission will consider the following when choosing an artist for this project:
1) The artist’s qualifications as demonstrated by past work. 2) Appropriateness of the artist’s proposal to the project. 3) The artist’s or designer’s probability of successful completion. 4) Demonstrates artistic excellence, innovation, and originality as represented in past work and supporting materials.
5) Demonstrates capacity for creating murals with concepts that are appropriate to the project goals and site.
6) Demonstrates interest in an understanding of the project as outlined in the Project Plan.
7) Demonstrates artistic merit, including excellence in aesthetic quality, artistry, innovation, and creativity.
8) Demonstrates appropriateness in scale and form and is of materials/media suitable for the site.
9) Permanence concerning resistance to theft, graffiti, weathering, and repair costs.

Submittals: Project submittals will include a concept design image of the proposed art piece, a conceptual narrative explaining the concept, design, how it celebrates Modesto’s 150th celebration, and why it’s an ideal installation for downtown Modesto.

Submittals will also include a resume of previous work, references, estimated budget for materials and labor, and a maintenance plan identifying steps taken to protect the art #21..
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City Council, July 9, 2024
Request for Proposal – Modesto’s 150th Anniversary Mural Project

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2&3 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT4PUWESAHE_CH22PUAR_4-

22.06CUCOSEARDEARWOSI
from graffiti, ultraviolet damage, and any other factors. The final product is to last five (5) years without any serious maintenance.

Tentative Timeline:
6/10/2024 Safety & Communities Approval to forward RFP to Council 7/9/2024 City Council Approval to issue RFP
7/11/2024 RFP Issued 11/15/2024 Proposal Deadline
12/1-12/31/2024 Selection Panel Review/Rating
1/8/2025 Culture Commission selection
2/10/2025 Safety & Communities Approval to forward contract to Council for approval
3/11/2025 City Council award of contract
3/13/2025 Notice to Proceed w/installation
FISCAL IMPACT:

The award of contract for design installation, and materials, including a protective coating is not to exceed $25,000. Funding for this project is housed in non-capital project #100880 – Task 10395 (Art in Public Places). There is minimal anticipated financial impact on the City, with funding provided in the current operating budget. The City may need to clean tagging off the mural from time to time with minimal effort due to protective coating.

COMMITTEE RECOMMENDATION:

On March 6, 2024, the Culture Commission approved the issuance of the RPF for the 150th Anniversary Mural Project to be forwarded to Council for approval. This items item was previously heard by the Safety & Communities Committee on June 10, 2024, which unanimously approved it be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Culture Commission’s request to move forward in issuing a Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project.

Approved by:

Jeremy Rogers, CPRE
Director of Parks, Recreation & Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Request for Proposal
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07/09/2024/PRN/ROGERS 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE CULTURE COMMISSION’S REQUEST TO

MOVE FORWARD IN ISSUING A REQUEST FOR PROPOSALS CALLING FOR ARTISTS AND MURALISTS FOR MODESTO’S 150th ANNIVERSARY

MURAL PROJECT
WHEREAS, Section 1110 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities; and
WHEREAS, the Culture Commission served on the planning committee commemorating the City’s Sesquicentennial in 2020; and
WHEREAS, all commemorative events were cancelled due to the global pandemic; and
WHEREAS, the Culture Commission affirmed their goal to have a commemorative mural funded and created; and
WHEREAS, the Culture Commission developed a Request for Proposals (RFP) calling for artist and muralist for Modesto’s 150th Anniversary Project, which it approved on March 6, 2024; and
WHEREAS, muralists, artists, community groups, youth and student artists working with a professional, and art teachers interested in mentoring a group of students are encouraged to apply; and
WHEREAS, the mural would be located on the south facing side of the Tenth Street Parking Garage and serve as a celebration of Modesto, include imagery that #21..
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07/09/2024/PRN/ROGERS 2 2024-XXX
enhances the character of downtown, and be a destination for people to visit and photograph; and
WHEREAS, a budget of $25,000 has been set aside in a non-capital project account for the award of contract, installation, and materials; and WHEREAS, the Culture Commission’s RFP Review Committee will review all proposals and make recommendations for City Council’s consideration and approval.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Culture Commission’s request to move forward in issuing a Request for Proposal calling for artist and muralists for Modesto’s 150th Anniversary Mural Project.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to carry out the next steps to issue the RFP. #21..
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07/09/2024/PRN/ROGERS 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July, 2024, by Councilmember who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 1

CITY OF MODESTO

REQUEST FOR PROPOSALS
Calling for Artists and Muralists for
Modesto’s 150th Anniversary
Mural Project
RFP Released: 07/11/2024
Deadline for Submissions: 5PM (PST) ON FRIDAY, 11/15/2024 www.cityofmerced.org
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 2

TABLE OF CONTENTS
ABOUT THE CITY OF MODESTO ............................................................................................................................................2 ABOUT MODESTO’S CULTURE COMMISSION........................................................................................................................3 OVERVIEW...........................................................................................................................................................................3

1.PROJECT OBJECTIVES ........................................................................................................................................................3

2.SITE SPECIFICATIONS ........................................................................................................................................................4

3.ARTIST ELIGIBILITY............................................................................................................................................................5

4.EVALUATION CRITERIA .....................................................................................................................................................5

5.SUBMISSION REQUIREMENTS...........................................................................................................................................6

6.INQUIRY CONTACT & SUBMISSION METHODS ..................................................................................................................6

7.TIMELINE..........................................................................................................................................................................7

8. ARTIST AGREEMENT 8

ABOUT THE CITY OF MODESTO
The City of Modesto (population 217,880) is the largest city in Stanislaus County. It is blessed with year-round mild weather and some of the world’s richest soil. This city of “Water, Wealth, Contentment, and Health” has a community proud of its vibrant traditions and diverse residents.

Modesto offers the variety of a metropolitan city while maintaining the small-town appeal of hospitality and affordability without the commute or congestion of other urban areas. The city’s bounty includes the best almonds, apricots, tomatoes, peaches, walnuts, and poultry products.

The quality of life in Modesto is one of its most attractive features making it an ideal community in which to raise a family. It offers a variety of exciting cultural, recreational, and educational opportunities. Many urbanites have relocated to this welcoming community for its variety of amenities, reasonable housing prices, reputable school districts, and protected open spaces.

Modesto serves as the principal entertainment center for the Central Valley with a variety of venues and cultural activities.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 3
ABOUT MODESTO’S CULTURE COMMISSION
The City of Modesto’s Culture Commission’s mission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and appealing place to visit. The Culture Commission serves in an advisory capacity to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities. Their role is to promote the preservation of historic sites, landmarks, art, and other objects associated with the history of the City and the area.

OVERVIEW
The City of Modesto is seeking proposals from qualified artists or teams of artists and muralists to create a mural on the south wall of the 10th Street Parking Garage to commemorate the City’s 150th Anniversary. The wall is approximately 44 ft by 32 ft, providing a large canvas that will be seen by anyone coming to City Hall.

The City will provide up to $25,000 to the selected applicant to complete the project. Proposals will be selected based on the design, applicant’s qualifications, cost, and how well the design fits the project objectives.

1. PROJECT OBJECTIVES
One area of focus in the City’s Strategic Plan is Quality of Life. The City desires to engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto. One of the key focus goals is to increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.
2020 marked the Sesquicentennial of Modesto. Information on Modesto can be found on the City’s main and tourism websites: www.modestogov.com and www.visitmodesto.com.

The goal for the 150th Anniversary mural is to serve as:

1. A celebration of Modesto, including its rich history, and what makes it unique.

2. Imagery that enhances the character of downtown.

3. A destination that people from within and outside the community will visit and #21..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 4
photograph.

The application submittal deadline is 5 p.m. (PST) on FRIDAY, 11/15/2024.

2. SITE SPECIFICATIONS
The South facing side of the 10th Street Parking Garage is visible in the image below. Any portion of the South side of the building is suitable for mural application (RED AREA), but visibility is best on the vertical area between The neighboring Fuzio’s building and the Elevator windows (BLUE AREA).

The dimensions of the space below are:

BLUE: 33 feet high by 14 feet long; RED: 44 feet high; by 32 feet long.

While there are some variations in the surface of the building, the exterior wall is in good condition. Additional surface repair or preparation is not expected to be necessary. #21..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 5

3. ARTIST ELIGIBILITY
This call for proposals is open to all artists and/or muralists with reviewable portfolios.

Community groups, youth and student artists who work with a professional artist on the project are eligible. Art teachers who are interested in mentoring a group of students are encouraged to apply if they have mural or public art experience or work in collaboration with a professional artist that has such experience. Youth should be between the ages of 12 and 19 with an aptitude in the arts appropriate to the project.

Members of the Culture Commission who wish to participate in this Call for Artists, or those with conflicts of interest must recuse themselves from the proposal review and selection process.

4. EVALUATION CRITERIA
In compliance with Modesto Municipal Code Section 4-22.06, the Culture Commission shall use the following when choosing an artist or designer for this project.

1. The artist’s qualifications as demonstrated by past work.

2. Appropriateness of the artist’s proposal to the project.

3. The artist’s or designer’s probability of successful completion.

4. Demonstrates artistic excellence, innovation, and originality as represented in past work and supporting materials.

5. Demonstrates capacity for creating murals with concepts that are appropriate to the project goals and site.

6. Demonstrates interest in an understanding of the project as outlined in the Project Plan.

7. Demonstrates artistic merit, including excellence in aesthetic quality, artistry, innovation, and creativity.

8. Demonstrates appropriateness in scale and form and is of materials/media suitable for the site.

9. Permanence concerning resistance to theft, graffiti, weathering, and repair costs. #21..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 6

5. SUBMISSION REQUIREMENTS
This is an open competitive process for the 150 Anniversary Mural Project. The RFP outlines the step-by-step process and conditions that apply.

To submit credentials for consideration, please include the following materials:
1) Cover sheet with name, phone number, email address, residence address and website (if applicable).
2) Concept design – an image of the proposed art piece. 3) Conceptual narrative – up to 250 words explaining the concept behind the design, how it celebrates Modesto’s 150th celebration, and why it would be ideal for downtown Modesto.
4) Resume/CV – including previous work (images required) and references for previous projects.
5) Estimated budget: including materials and cost of labor. 6) Maintenance plan – Steps to be taken to protect from graffiti, UV damage, and any other factors. Final product is expected to last at least five (5) years without any serious maintenance.

6. INQUIRY CONTACT & SUBMISSION METHODS
Direct all inquiries to Diane Sheatsley via email at [email protected] APPLICATION PACKAGES ARE DUE BY 5 PM (PST) ON FRIDAY, 11/15/2024.

Proposals are accepted via mail, hand-delivery, and email.

Proposals will not be accepted via fax.

US Mail, Express Mail, or Hand Delivered To: :

City of Modesto
Attn: Diane Sheatsley Parks, Recreation & Neighborhoods 1010 Tenth Street, Suite 4400
Modesto, CA 95354
Email:
[email protected]
Subject: Request for Proposals – Call for Artists for 150th Anniversary Mural Project #21..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 7

7. TIMELINE*
07/11/2024 – Issuance of RFP

1. Allow 120 days for proposals to be received.

2. Proposals will be initially screened to ensure minimum requirements are met. 11/15/2024– RFP Deadline

3. Due November 15, 2024 no later than 5:00 p.m.
12/1/2024 through 12/31/2024 – Selection Panel Rates Proposals

4. Selection Panel will review independently and score.

5. Scores compiled for Monthly Culture Commission meeting. 01/08/2025 – Culture Commission Meeting

6. Selection Panel makes recommendation to Culture Commission.

7. Culture Commission adopts recommendation and forwards to Safety & Communities Committee for consideration.
02/10/2025 – Safety & Community Committee Approval to Award Contract

8. Safety & Communities Committee review and approval to award and execute Contract and forward to Council for approval.
03/11/2025 – City Council Approval to Award Contract

9. City Council review and approval to award and execute Contract. 03/13/2025 - Issue Notice to Proceed (subject to Artist Agreement decision):

10.Agreement Letter sent to artist granting authority to perform work on City property. *Meeting dates subject to change.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 8

8. ARTIST AGREEMENT
Upon recommendation of the Culture Commission and approval by the City Council, the City Manager or designee shall coordinate agreements with selected artists. The agreement may include the scope of work, fee, schedule, and relevant terms and conditions. The scope of work will generally include the final design, engineering, fabrication, and installation of the artwork.

Selected artist shall possess a City of Modesto Business License and insurance and is subject to Modesto Municipal Code and Public Art Ordinance requirements. Artwork and imagery will become property of the City of Modesto.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 9, 2024
Date: June 11, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Senate Bill 1 Projects Proposed for Fiscal Year 2024-2025 CONTACT: John Sphar, Streets Manager, [email protected], 209-342-2235 DESCRIPTION:

Consider approving a list of projects to be funded with Road Repair and Accountability Act tax proceeds for Fiscal Year 2024-2025. (Funding Source: Senate Bill 1 Funds) STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s Strategic Plan Area of Focus: “Quality of Life”:
engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal D: ensure safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts; Strategy 1: create and implement a comprehensive street and road maintenance plan.

BACKGROUND:

The Surface Transportation Fund (STF) is the primary source of funding for the Streets and Traffic Divisions of Public Works. These funds support the following services: Curbs, Gutters & Sidewalks, Street Maintenance, Traffic Engineering, Traffic Operations, and Traffic Electrical.

The Streets Division maintains 1,400 lane miles of streets, 1,434 miles of curb and gutter, and 1,378 miles of sidewalk. The Traffic Division maintains 201 traffic signals, 13,764 streetlights, 16 flashing beacons, 40 lighted crosswalks, 62 school flashing beacons, seven warning beacons, six crosswalk beacons, eight communication hubs, 17 roundabouts and 29,238 traffic signs.

On April 28, 2017, the Governor signed Senate Bill (SB) 11, which is known as the Road Repair and Accountability Act of 2017. The primary focus of these funds is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and road systems. City of Modesto received $4,121,766 in Fiscal Year (FY) 20-21, 1 Senate Bill 1 – Road Repair and Accountability Act of 2017 - http://rebuildingca.ca.gov/ #22..
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City Council Meeting, July 9, 2024
Senate Bill 1 Projects Proposed for Fiscal Year 2024-2025

Page 2 of 3 ends

$4,415,700 in FY 21-22, $4,888,093 in FY 22-23, and is estimated to have received, as of May 20, 2024, $5,312,910 in FY 23-24. For FY 24-25 the City is projected to receive $5,672,650 for the program.

DISCUSSION:

The objective of the local streets and roads program is to address deferred maintenance on the local streets and roads system. Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) a list of proposed projects (Attachment A). In the attachment “Streets Project Area Map & Segment list”, the fiscal year projects are identified for RMRA funding along with neighborhoods that will receive treatment to their streets.

Projects listed in Attachment A result in the following life-cycle benefits:
 Slurry seal projects that include crack seal and asphalt repairs will result in a five to seven-year life extension to existing pavement. Slurry seals have the added benefits of hardening existing asphalt, being effectively used in areas with high oxidation, sealing minor surface cracks and voids, retarding surface raveling, delineating different pavement surface areas and improving surface friction characteristics with proper aggregate.
 Traffic signal and street light maintenance will result in a ten-year extension.  Traffic sign and striping maintenance will result in a five-year life extension.

FISCAL IMPACT:

The City of Modesto estimates receiving apportionment of Road Repair and Accountability Act funding for FY 2024-25 in an amount approximating $5,672,650. Estimated total costs for SB1 funded Streets and Traffic Engineering & Operations projects for FY 2024-2025 amount to approximately $5,888,194 (total includes 5% increases in CPI, fuel index and labor & material costs). In addition, the City has carryover SB1 funds from prior years that will be used to fund the amount over the estimated apportionment for FY 2024-25.

COMMITTEE RECOMMENDATION:

This item was heard by the Finance Committee on June 24, 2024, and was recommended for forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2024-2025 in an amount up to $5,888,194, and authorizing the City Manager, or his designee, to approve the projects.
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City Council Meeting, July 9, 2024
Senate Bill 1 Projects Proposed for Fiscal Year 2024-2025

Page 3 of 3 ends

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Attachment A

3. Streets SB1 Maps FY 24-25

4. Elec SB1 Maps FY 24-25
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE LIST OF PROJECTS TO BE FUNDED WITH

ROAD REPAIR AND ACCOUNTABILITY ACT TAX PROCEEDS IN FISCAL YEAR 2024-2025 IN AN AMOUNT UP TO $5,888,194, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO APPROVE THE PROJECTS
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor on April 28, 2017, to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of Modesto are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt, by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include description and the location of each proposed project, a proposed schedule for projects completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive funding in an estimated amount of $5,672,650 in RMRA funding in Fiscal Year 2024-25 from SB1; and
WHEREAS, this is the eighth year in which the City is receiving SB1 funding which will enable the City to continue essential road maintenance, safety improvements in traffic signal and street light maintenance, and traffic sign and striping maintenance that would not have otherwise been possible without SB1; and #22..
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WHEREAS, the City has undergone a robust public process to ensure public input regarding the community’s transportation priorities are incorporated into the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate over one-hundred lane miles of residential streets throughout the City this year and multiple similar projects in the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “poor” condition, and this revenue will help the City increase the overall quality of its road system and over the next decade will bring its streets and roads into a “good” condition; and WHEREAS, the SB1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and WHEREAS, the projects listed in Attachment A include the following: The slurry seal project (program) that includes crack seal and asphalt repairs to existing pavement (Attachment - Streets SB1 Maps FY 24-25); the traffic signal and street light maintenance; the traffic sign and striping maintenance; radar detection cameras; and the proposed High Voltage Conversion (HVC) (Attachment – Elec SB1 Maps FY 25-25). #22..
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto, that it hereby approve the list of projects, attached hereto as Attachment A, to be funded with Road Repair and Accountability Act Tax proceeds in an amount up to $5,888,194.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to approve the projects.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________
DIANE NAYARES- PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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City of Modesto, Traffic Engineering & Operations Divisions FY24/25 SB1 Project List
Project Type Project Name Total Project Cost Estimated Project Start Date
Estimated Project
Completion Date Useful Life Locations Community Benefit Summary Slurry Seal Ttype 2 Surry, Crack
Seal, Asphalt repairs) Slurry Seal $2,337,405 July 1, 2024 June 30.2025 5-7 years Various (map provided) This project will include:

Pavement improvement
(existing), Striping
Installation (existing
Safety)
Street Rehabilitation Road Maintenance and
Rehabilitation $1,116,939 July 1, 2024 June 30.2025 10-20 years Various (map provided) This Project will include:

Pavement improvement
(Existing), Sidewalk
and/or Crosswalk
Rehab/Repair (Existing),
Paving and ADA Curb
Ramp Rehab/Repair
(Existing)
Traffic Signal & Street Lighting
Maintenance
Traffic Signal & Street
Lighting Maintenance $838,850 July 1, 2024 June 30, 2025 10 Years Standiford/Dale,
Briggsmore/Carver,
Oakdale/Floyd - 6
City Areas - See
Maps for Full List
Public Safety; Signal and
Street lighting
maintenance within City
limits
Street Lighting Maintenance
(HVC)
High Voltage
Conversion $645,000 July 1. 2024 June 30.2025 10 Years
Hawthorne, Ribier,
Langford - See Maps
for Full List
Public Safety; Street
lighting maintenance
within City Limits
Traffic Signal Maintenance
Replacement of
Vehicle Detection in
various locations
$200,000 July 1, 2024 June 30, 2025 10-15 years
Hatch Rd & Ustick
Rd, Hatch Rd &
Dallas St, 1st St. & H
St. - See Maps for
Full List
Public Safety; Signal
Maintenance
Traffic Sign & Striping
Maintenance
FY 24-25 Traffic Sign
& Striping
Maintenance
$750,000 July 1, 2024 June 30, 2025 5-7 years
E. Union, Dragoo,
Paradise, 1st St. -
See Maps for Full
List
Public Safety; Striping and
Sign maintenance within
City limits
Total FY 24/25 $5,888,194
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PCI Street Name Begin Location End Location SQFT Cost ADA Ramps Completed 26 Coralwood Mc Henry Towery Ave 47,027 $234,000.00 1 23/24 14 Reno Kansas Doker 31,080 $155,400.00 5
10 Houser Raymond Panama 33,208 $166,040.00 4 23/24
28 Lakewood E Orangeburg Laramie 54198 $196,138.00 0 23/24 13 Winmoore Crowslanding Gobal 116,560 $144,155.12 1 23/24 38 Roselle 710ft north of sylvan Couny line 15158 $47,103.57 0 23/24 20 Calaveras Sierra Dr Tuolumne Bl 31,820 $82,801.93 4
33 Yosemite ave Tuolumne Blv South 48,544 $212,973.18 2 37 Gary Ln Orangeburg ave E. Coolidge Ave 21,312 $71,778.90 4 33 Myrtle Ave Coldwell Stoddard Ave 38,400 $241,238.55 8 Total 171156 764192.56 29
2024-2025 SB1 Street Rehabilitation
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Traffic Electrical SB1- Map
ShowInMap Address Results
ShowInMap XY Results
Parks
Traffic Electrical Areas
1 2
3 4
5 6
0 1 2 4 mi
0 1.5 3 6 km
• Standiford /Dale and Pelandale / Dale – Area 1 1:115,962 • Standiford /Tully and Briggsmore /Carver – Area 2
• Oakdale / Floyd and Oakdale / Sylvan – Area 3
• Carpenter / Bluegum and Kansas / Carpenter –
Area 4
• Burny / LaLoma and 11th Street / I Street – Area 5
• Orangeburg / Claus and Scenic / Oakdale– Area 6
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 9, 2024
Date: June 17, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Second Amendment with Champion Industrial for On-Call Plumbing Services CONTACT: Gabe DaSilva, Facilities Manager, [email protected], 209-577-5319 DESCRIPTION:

Consider approving the Second Amendment with Champion Industrial Contractors Inc.

Modesto, CA for On-Call Plumbing Services increasing the Agreement amount by $120,000 for a new total amount of $552,370, within the term of the Agreement. (Funding Source: General Fund, Utility Funds, Centre Plaza, Golf Fund and Building Maintenance Fund) STRATEGIC PLAN ELEMENT:

This action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization.” BACKGROUND:

The City has a need for on-call plumbing services at city properties on an “as needed” basis.

Utilities, Parks, Police and Fire Departments, as well as Building Services, use on-call plumbing services. This citywide contract is for residential and commercial plumbing repairs, addressing issues that arise from city-related construction and maintenance events. The contract includes parts and components and will be charged at the Contractor’s landed cost, less any earned discounts, plus a 10% mark up and labor costs.

On November 18, 2018, by Resolution No. 2018-496, Council authorized the award of bid for the furnishing of On-Call Plumbing Services at city properties to Champion Industrial Contractors, Inc., for a two-year agreement with three one-year extension options, for an annual cost not to exceed $68,000 and a total amount not to exceed $361,089 over five years.

On September 26, 2023, by Resolution No. 2023-428, Council authorized the first amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., to increase the agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the term of the agreement, and extending the term date from November 5, 2023, to May 5, 2024. #23..
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City Council, July 9, 2024
Second Amendment with Champion Industrial for On-Call Plumbing Services

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On April 23, 2024, under Resolution 2024-135 Council approved the Award of Bid for the furnishing of On-Call Plumbing Services agreement to Mark III Construction, DBA M3 Service Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a total combined amount not to exceed $593,127 over five years.

Projects were completed prior to the new agreements being executed; thus, the previous agreement must capture these charges.

DISCUSSION:

Due to the challenges with deferred maintenance of the City’s aging facilities, there has been an increase in the use of on-call plumbing services. A fair amount of these unanticipated plumbing services were due to underground failures. In addition, over the last couple of months, there has been a huge increase in theft of backflow devices at various locations resulting in replacement parts and lift station repairs. At the Modesto Police Department there were two emergency repairs, the first was a sewage pump, and the second was a water heater. Other repairs in various City facilities including but not limited to, John Thurman Field, Modesto Centre Plaza and Modesto Fire Stations and have triggered the need to amend the current agreement with additional funding.

City staff are currently working on a Facility Condition Assessment which will allow the City to plan for the deferred maintenance priorities needed to address maintenance services and avoid these unexpected maintenance services needed. Staff recommends a second amendment to the agreement for On-Call Plumbing Services increasing the annual costs from $432,370 to $552,370 to cover pending invoices for services rendered against this agreement.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year (FY) 2023-24 to cover this cost for this amendment.

Below is a five-year spending history for on-call plumbing services:

Period Amount
Year 1 $59,416
Year 2 $67,132
Year 3 $62,948
Year 4 $64,000
Year 5 $157,647
Total $411,143
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City Council, July 9, 2024
Second Amendment with Champion Industrial for On-Call Plumbing Services

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The proposed increase of $120,000 is due to emergency repairs not anticipated and will be funded through the current FY 2023-24 budget and allocated among the various divisions listed below.

Division Increase Agreement Amount
Modesto Police Department $105,384
Modesto Fire Department $ 4,932
Parks, Recreation &
Neighborhoods Department $8,484
Utilities Department $1,200
Total $120,000
COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 24, 2024 and was recommended to forward to Council for approval.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Resolution approving the Second Amendment with Champion Industrial Contractors Inc.

Modesto, CA for On-Call Plumbing Services and increase the Agreement amount by $120,000 within the term of the Agreement for a new total amount of $552,370, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Champion Industrial – 2nd Amendment

3. Champion Industrial – First Amendment

4. Champion Industrial – Original Agreement
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024- XX

RESOLUTION APPROVING THE SECOND AMENDMENT WITH CHAMPION INDUSTRIAL CONTRACTORS INC. MODESTO, CA FOR ON-CALL

PLUMBING SERVICES AND INCREASING THE AGREEMENT AMOUNT BY $120,000 WITHIN THE TERM OF THE AGREEMENT FOR A NEW TOTAL AMOUNT OF $552,370, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City has a need for on-call plumbing services at city properties on an “as needed” basis. Utilities, Parks, Police and Fire Departments, as well as Building Services, use on-call plumbing services; and
WHEREAS, this citywide contract will be for residential and commercial plumbing repairs, addressing issues that arise from city-related construction and maintenance events; and
WHEREAS, on November 18, 2018, by Resolution No. 2018-496, Council authorized the award of bid for the furnishing of On-Call Plumbing Services at city properties to Champion Industrial Contractors, Inc., for a two-year agreement with three one-year extension options, for an annual cost not to exceed $68,000 and a total amount not to exceed $361,089 over five years; and
WHEREAS, on September 26, 2023, by Resolution No. 2023-428, Council authorized the first amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., to increase the agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the term of the agreement, and extending the term date from November 5, 2023, to May 5, 2024; and
WHEREAS, on April 23, 2024, under Resolution 2024-135 Council approved the Award of Bid for the furnishing of On-Call Plumbing Services agreement to Mark III #23..
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2 Construction, DBA M3 Service Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a total combined amount not to exceed $593,127 over five years; and
WHEREAS, a second amendment to increase the agreement amount by $120,000 is necessary to continue to receive the services and render projects were completed prior to the new agreements being executed; thus, the previous agreement must capture these charges; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-

3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment with Champion Industrial Contractors, Inc., Modesto, CA for On-Call Plumbing Services and increase the Agreement amount by $120,000 within the term of the Agreement for a new total amount of not to exceed $552,370.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #23..
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3 The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 9th day of July 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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1 SECOND AMENDMENT TO PURCHASE AGREEMENT

FOR ON-CALL PLUMBING SERVICES
This SECOND AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of __________________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CHAMPION INDUSTRIAL, MODESTO, CA hereinafter collectively referred to as CONTRACTOR.

This SECOND AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:

A. A PURCHASE AGREEMENT NO. 149016, hereinafter referred to as “AGREEMENT” was entered into by and between CITY and CONTRACTOR on the 6TH day of November 2018 for on-call plumbing services, on an as needed basis.

B. CITY and CONTRACTOR approved the First Amendment to the AGREEMENT on the 26th day of September 2023 increasing the total amount not to exceed to $432,370, extending the term date through May 5, 2024, and approving the price increase.

C. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the compensation paid for services amount by $120,000 for a revised total amount to not exceed $552,370 over the term of the AGREEMENT.

D. All other provisions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. The AGREEMENT is hereby amended to increase the maximum compensation paid for services amount by $120,000 for a revised total amount not to exceed $552,370 over the term of the AGREEMENT.
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2 2. Except as modified and amended by the FIRST AMENDMENT, and this SECOND AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this SECOND AMENDMENT to the PURCHASE AGREEMENT by its Director of Finance under authority of Resolution No. _____, adopted by the Council of the City of Modesto on the _______ day of __________________, 2024, and CHAMPION INDUSTRIAL has caused this SECOND AMENDMENT to the PURCHASE AGREEMENT to be duly executed. #23..
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: 0E2D3DD4-0C2E-4225-9D09-84BC20FFB2A1 09/26/2023
First Amendment to Agreement 149016 - On-call plumbing
X

CHAMPION INDUSTRIAL CONTRACTORS
X
Finance
Juana Lynch
X
75369
Alex Mog
X
X
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT

FOR ON-CALL PLUMBING SERVICES
This FIRST AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of __________________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CHAMPION INDUSTRIAL, MODESTO, CA hereinafter collectively referred to as CONTRACTOR.

This FIRST AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:

A. A PURCHASE AGREEMENT NO. 149016, hereinafter referred to as “AGREEMENT” was entered into by and between CITY and CONTRACTOR on the 6 TH day of
November 2018 for on-call plumbing services, on an as needed basis.

B. CITY and CONTRACTOR desire to amend the AGREEMENT by extending the termination date from November 5, 2023, to, May 5, 2024, adding a six-month extension option.

C. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the compensation paid for services amount by $86,250 for a revised total amount to not exceed $432,370 over the term of the AGREEMENT.

D. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the afterhours hourly rate from $154.57 to $180.51.

E. All other provisions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. The First Paragraph of Section 1 of the AGREEMENT shall be amended to include the following:

DocuSign Envelope ID: 0E2D3DD4-0C2E-4225-9D09-84BC20FFB2A1 26th September
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2 Year 6: November 6, 2023, to May 5, 2024

2. The AGREEMENT is hereby amended to increase the maximum compensation paid for services amount by $86,250 for a revised total amount not exceed $432,370 over the term of the AGREEMENT.

3. The AGREEMENT is hereby amended to increase the afterhours hourly rate to $180.51.

4. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to the PURCHASE AGREEMENT by its Director of Finance on the _______ day of __________________, 2023, and CHAMPION INDUSTRIAL has caused this FIRST AMENDMENT to the PURCHASE AGREEMENT to be duly executed.

DocuSign Envelope ID: 0E2D3DD4-0C2E-4225-9D09-84BC20FFB2A1 September 26th
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BY: ________________________________________ BY: ________________________________________ VENDOR –

NAME/TITLE -DATE
DEANNA CHRISTENSEN –

DIRECTOR OF FINANCE -DATE
DocuSign Envelope ID: 0E2D3DD4-0C2E-4225-9D09-84BC20FFB2A1 10/6/2023
COO
10/06/23 10/6/2023
10/6/2023
City of Modesto
Finance Department
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 26, 2023
Date: September 12, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: First Amendment – On-Call Plumbing Services
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to a revised total amount of $432,370 through the term of the Agreement. (Funding Source: General Fund, Utility Funds, Centre Plaza, Golf Fund and Building Services Fund)
STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

The City has a need for on-call plumbing services at city properties on an “as needed” basis.

Utilities, Parks, Police and Fire Departments, as well as Building Services, use on-call plumbing services. This citywide contract is for residential and commercial plumbing repairs, addressing issues that arise from city-related construction and maintenance events. The contract includes parts and components and will be charged at the Contractor’s landed cost, less any earned discounts, plus a 10% mark up and labor costs.

On November 6, 2018, under Resolution 2018-496, Council approved the Award of Bid for the furnishing of on-call plumbing services for City property with Champion Industrial Contractors Inc., Modesto, CA, for a two-year agreement with three (3) one-year extension options for an annual cost not to exceed $68,000 and a total amount not to exceed $361,089 over five years.

This agreement is scheduled to expire on November 5, 2023.

DISCUSSION:

With the aging and the challenges with the deferred maintenance for City’s facilities, there has been an increase of the use of on-call plumbing services. A fair amount of these unanticipated plumbing services were from underground failures (Fire Stations, Modesto Police Department #7..
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City Council, September 26, 2023
First Amendment – On-Call Plumbing Services

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Station, John Thurman Field and Centre Plaza). In the last couple months, huge increase in theft of backflow devices ranging from $3,000 - $4,000 has triggered the need for these services. In addition, with staff turnover in the Building Services Division it has triggered a need to utilize the plumbing services to ensure the City has adequate coverage for these types of services.

City staff is currently working on a Facility Condition Assessment which will allow the City to plan for the deferred maintenance priorities needed to address maintenance services and avoid these unexpected maintenance services needed. The Purchasing Division is currently working with City departments to facilitate a new formal bid or options for utilizing a cooperative agreement for these services which is why an additional six-month extension is needed to allow for additional time for the completion of this process. In preparation of awarding a new agreement should be completed by the end of the first quarter of 2024 and extending this current agreement until May 2024 will provide sufficient time for the necessary approvals needed for the new agreement.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year (FY) 2023-24 to cover this cost for this amendment.

Below is a five-year spending history for on-call plumbing services:

Period Amount
Year 1 $ 59,416
Year 2 $ 67,132
Year 3 $ 54,737
Year 4 $ 63,087
Year 5 $ 65,337
Total $ 309,709
The proposed increase of $86,250 will be funded through the current FY 2023-24 budget and allocated amongst the various funds listed below.

Fund
Increase
Agreement
Amount
General Fund $ 39,272
Water Fund $ 23,446
Wastewater Fund 605 $
Golf Fund $ 3,185
Centre Plaza $ 9,927
Building Services 9,815 $
Total $ 86,250
COMMITTEE RECOMMENDATION:

This item was presented at the September 11, 2023 Economic Development Committee and approved to move forward to Council.
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City Council, September 26, 2023
First Amendment – On-Call Plumbing Services

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to increase the Agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the Term of the Agreement, extending the Term Date from November 5, 2023, to May 5, 2024, and authorizing the City Manager or his designee to execute the Amendment.

Approved by: _____ DeAnna Christensen, Director of Finance Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment

3. Original Agreement
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09/26/2023/Finance/DLove/Item 7 1 2023-428

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-428

RESOLUTOIN APPROVING THE FIRST AMENDMENT FOR ON-CALL

PLUMBING SERVICES WITH CHAMPION INDUSTRIAL CONTRACTORS, INC., MODESTO, CA TO INCREASE THE AGREEMENT AMOUNT BY $86,250 TO A TOTAL REVISED AMOUNT NOT TO EXCEED $432,370 THROUGH

THE TERM OF THE AGREEMENT, EXTENDING THE TERM DATE FROM NOVEMBER 5, 2023, TO MAY 5, 2024, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, the City has a need for on-call plumbing services at city properties on an “as needed” basis. Utilities, Parks, Police and Fire Departments, as well as Building Services, use on-call plumbing services; and
WHEREAS, this citywide contract is for residential and commercial plumbing repairs, addressing issues that arise from city-related construction and maintenance events; and
WHEREAS, this Agreement is scheduled to expire on November 5, 2023; and WHEREAS, City staff is currently working on a Facility Condition Assessment which will allow the City to plan for the deferred maintenance priorities needed to address maintenance services and avoid these unexpected maintenance services needed; and
WHEREAS, the Purchasing Division is currently working with City departments to facilitate a new formal bid or options for utilizing a new cooperative agreement for these services which is why an additional six-month extension is needed to allow for additional time for the completion of this process and to continue to receive these services in the interim; and
WHEREAS, an amendment to extend the term of the contract is necessary to continue to receive the services.

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 9, 2024
Date: June 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with East Bay Municipal Utility District for Disposal of Non-Hazardous Brine Waste
CONTACT: Manuel Martinez, (Acting) Water Division Manager, [email protected], 209-342-4599
DESCRIPTION:

Consider approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City operates a water treatment facility in the community of Grayson and this facility provides safe and reliable drinking water for residents and requires non-hazardous brine waste disposal services. Water Division staff, from the Utilities Department, must treat the well water in Grayson for naturally occurring high nitrates and is required to dispose of the gray water that is produced by this treatment system to meet State Water Resources Control Board regulations.

Brine waste has been delivered to East Bay Municipal Utility District (EBMUD) since initial operations of this treatment plant in 2007. The City’s wastewater treatment plant permit does not allow the disposal of brine waste at its facility.

On August 6, 2014, by Resolution No. 2014-305, Council approved awarding a sole source procurement for the disposal of gray water to EBMUD, Oakland, CA for a two-year agreement with three one-year extension options at the sole discretion of the City, and authorizing the Purchasing Manager, or her designee, to issue a purchase agreement for an estimated annual cost of $27,000 and $135,000 over five years.
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City Council, July 9, 2024
Agreement with East Bay Municipal Utility District for Disposal of Non-Hazardous Brine Waste

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On September 11, 2018, by Resolution No. 2018-394, Council approved an increase to the purchasing agreement with EBMUD of $73,710, for a new total amount not to exceed $208,710.

On June 11, 2019, by Resolution No. 2019-266, Council approved a sole source agreement with EBMUD for an annual cost not to exceed $66,150, with an annual increase of $0.01 per gallon annually, and a 15% contingency for potential increases for a total not to exceed $489,037 over five years.

On October 8, 2019, by Resolution No. 2019-459, Council approved an amendment to the purchasing agreement with EBMUD, increasing it by $72,387 from $489,037 to a new total amount of $561,425.

The current agreement with EBMUD, Agreement # 162136, expires on July 31, 2024.

DISCUSSION:

The City of Modesto operates two wells at a water treatment facility in the community of Grayson, CA. This facility is the only source of clean potable drinking water for Grayson and is therefore required to always be operational. The State Water Resources Control Board requires City staff to treat the water from Wells 274 and 295 for nitrates and dispose of the brine waste produced during the treatment process. The brine waste must be disposed of at a qualified wastewater treatment facility and EBMUD is the only facility in the surrounding area that will accept non-hazardous brine waste.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in section 8-3.203 will result in the procurement for the City at the lowest possible cost commensurate with the desired quality.” EBMUD should be exempt from the formal bidding procedures as they are the only wastewater treatment facility in the surrounding area that will accept non-hazardous brine waste. Therefore, staff recommends that the agreement for disposal of non-hazardous brine waste to EBMUD should be exempt from formal bidding procedures in accordance with MMC 8-3.204.

FISCAL IMPACT:

Expenditures for the current disposal of non-hazardous brine waste with EBMUD are below:

Contract Year Total
Contract Year 1 $ 56,396
Contract Year 2 $ 70,310
Contract Year 3 $ 68,540
Contract Year 4 $ 48,445
Contract Year 5 - YTD $ 24,255
Grand Total $267,946
Based on the most recent available results, the material category for brine has changed from 50,001-100K mg/L TDS (Total Dissolved Solids) to over 100K mg/L TDS, increasing our current disposal rate of $.07 per gallon to $.10 cents per gallon moving forward. A 15% contingency has #24..
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City Council, July 9, 2024
Agreement with East Bay Municipal Utility District for Disposal of Non-Hazardous Brine Waste

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been added to cover any changes to the current disposal rates, which can increase from $0.10 to $0.13 cents per gallon based on TDS variables and EBMUD’s annual rate schedule.

Funds are budgeted in the current Utilities Department, Water Fund, 4100-45050-53300 operating budget.

ESTIMATED AGREEMENT EXPENDITURES:

Vendor Annual #
of loads
Annual #
of Gallons
Disposal price
per Gallon
Disposal
Cost
EBMUD 150 925,000 $0.10 $ 92,500
EBMUD 150 925,000 $0.11 $ 101,750
EBMUD 150 925,000 $0.12 $ 111,000
Total $ 305,250
Annual Permit Fee: $400.00 X 3 years $ 1,200
15% Contingency (Rounded) $ 46,000
GRAND TOTAL $ 352,450
RECOMMENDED COMMITTEE ACTION:

This item was considered by the Finance Committee at the June 24, 2024, meeting where it was recommended that it be forwarded to Council.

Staff Recommendations:

Resolution approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

William S. Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Fully Executed EBMUD Resource Recovery Agreement Application and COM Insurance

3. Fully Executed EBMUD Material Acceptance Permit and Gate Pass

4. Fully Executed Bid Waiver with Justification
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1 2024-07-09

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING AN AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD), OAKLAND, CA FOR THE DISPOSAL OF NONHAZARDOUS BRINE WASTE FOR A TOTAL AMOUNT NOT TO EXCEED $352,450 OVER THREE YEARS, AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City operates a water treatment facility in the community of Grayson and this facility provides safe and reliable drinking water for residents and requires non-hazardous brine waste disposal services, and WHEREAS, Water Division staff must treat the well water in Grayson for naturally occurring high nitrates and must dispose of the gray water that is produced by this treatment system to meet State Water Resources Control Board regulations, and WHEREAS, brine waste has been delivered to East Bay Municipal Utility District (EBMUD) since initial operations of this treatment plant in 2007, as the City’s wastewater treatment plant permit does not allow the disposal of brine waste at its facility, and WHEREAS, on June 11, 2019, by Resolution No. 2019-266, Council approved a sole source agreement with EBMUD for an annual cost of $66,150, with an annual increase of $0.01 per gallon annually, and a 15% contingency for potential increases for a total not to exceed $489,037 over five years, and
WHEREAS, on October 8, 2019, by Resolution No. 2019-459, Council approved an amendment to the purchasing agreement with EBMUD, increasing it by $72,387 from $489,037 to a new total amount of $561,425, and
WHEREAS, The State Water Resources Control Board requires City staff to treat the water from Wells 274 and 295 for nitrates and dispose of the brine waste produced during the treatment process, and
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WHEREAS, the brine waste must be disposed of at a qualified wastewater treatment facility and EBMUD is the only facility in the surrounding area that will accept non-hazardous brine waste, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, MMC Section 8-3.204 (b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process, and WHEREAS, additionally, MMC 8-3.204 (d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality, and WHEREAS, staff recommends that the agreement for disposal of non-hazardous brine waste to EBMUD should be exempt from formal bidding procedures in accordance with MMC 8-3.204.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a three-year Agreement and a total amount not to exceed $352,450 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July, 2024, by Councilmember ?, who moved its #24..
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adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 9, 2024
Date: June 12, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan CONTACT: Timothy Barahona, Assistant Engineer
[email protected], 209-577-5485
DESCRIPTION:

Hearing to consider approving the adoption of the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan and authorize the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency to submit the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan to the California Department of Water Resources. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

In September of 2014, Governor Edmund G. Brown signed into law the Sustainable Groundwater Management Act of 2014 (SGMA) which required, among other items, the formation of Groundwater Sustainability Agencies (GSA) and the preparation of Groundwater Sustainability Plans with a focus on long-term groundwater management.

On January 24, 2017, by Resolution No. 2017-30, Council elected to enter into a Memorandum of Understanding (MOU) with the following local agencies to from the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA):

City of Modesto
City of Oakdale
City of Riverbank
City of Waterford
Stanislaus County
Tuolumne County
Modesto Irrigation District
Oakdale Irrigation District
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On August 14, 2018, by Resolution No. 2018-340, Council approved an Engineering Consultant Agreement with Todd Groundwater for the development of the 2022 Modesto Sub-basin Groundwater Sustainability Plan (GSP).

On December 14, 2021, by Resolution No. 2021-512, Council approved the adoption of the 2022 Modesto Sub-basin GSP and authorized STRGBA GSA to submit the GSP to the California Department of Water Resources (DWR).

DISCUSSION:

On January 18, 2024, DWR electronically delivered its official determination letter to the Chair of the STRGBA GSA; Their review found the 2022 Modesto Sub-basin Groundwater Sustainability Plan to be incomplete and provided corrective actions and recommendations to satisfy the objectives of SGMA. The DWR determination letter set a deadline of 180 days from receipt for the adoption and submittal of a Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan.

In response, the GSA contracted with Todd Groundwater to assist in preparing the revised GSP, pursuant to GSP Regulations.

On March 29, 2024, the Chair of the STRGBA GSA prepared and electronically delivered a Notice of Intent to Adopt a Revised Groundwater Sustainability Plan in the Modesto Sub-basin to all STRGBA GSA member agencies.

Todd Groundwater provided the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan to the GSA member agencies and the public for review and comment on June 14, 2024.

The 2022 Modesto Sub-basin Groundwater Sustainability Plan has been updated to include the following plans as directed by DWR:

Well Mitigation Strategy/Plan
Action plan to address well failures for residents within the GSA’s management area and groundwater monitoring requirements to maintain minimum groundwater level thresholds.

Management Action Plan
Action plan to address implementing pumping reductions should groundwater levels fall and remain below minimum thresholds.

The Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan and supporting documentation can be found on the STRGBA GSA website at the following URL:
https://www.strgba.org/Home/GSP
GSAs must hold a public hearing to adopt or amend a GSP, pursuant to California Water Code Section 10728.4:
“A groundwater sustainability agency may adopt or amend a groundwater sustainability plan after a public hearing, held at least 90 days after providing notice to a city or county within the area of the proposed plan or amendment. The groundwater sustainability agency shall review and consider comments from any city or county that receives notice pursuant to this section and shall #25..
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consult with a city or county that requests consultation within 30 days of receipt of the notice.

Nothing in this section is intended to preclude an agency, and a city or county from otherwise consulting or commenting regarding the adoption or amendment of a plan.” All comments from the public hearing will be reviewed and considered for incorporation into the final revised GSP by STRGBA GSA and Todd Groundwater staff.

Per the STRGBA GSA Memorandum of Understanding, each member agency must approve and adopt the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan by their respective governing bodies, prior to submitting to DWR. The STRGBA GSA will be taking action to approve and adopt the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan at their July 10, 2024 meeting.

Failure to adopt the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan would result in the Modesto Sub-basin being subject to regulation and oversite by DWR.

FISCAL IMPACT:

The costs associated with the revision of the 2022 Modesto Subbasin Groundwater Sustainability Plan are as follows:

Engineering Consultant Agreement – Todd Groundwater $286,045 Additional Services $43,955
Total $330,000
Each member agency of the STRGBA GSA will be responsible for reimbursing Modesto Irrigation District (MID) for up to $41,250; 1/8 of the total cost. The Utilities Department will be entering into a Cost Share Agreement with MID to cover the City’s portion of these expenses per the adopted STRGBA GSA 2024 Operating Budget.

COMMITTEE RECOMMENDATION
While the revised GSP has not been brought before a committee, the State’s SGMA mandate for the Modesto Subbasin and original Engineering Consultant Agreement with Todd Groundwater to prepare the 2022 Modesto Subbasin Groundwater Sustainability Plan was considered by the Finance Committee at the meeting held on June 25, 2018, where it was recommended that it be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

Pursuant to California Water Code Section 10728.6 of the Public Resources Code, the provisions of the California Environment Quality Act do not apply to the preparation of plans pursuant to SGMA.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution adopting a revised Groundwater Sustainability Plan and documenting the commitment to develop and implement a Well Mitigation Program and Management Actions in the Modesto Groundwater Subbasin.
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Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan

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Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. DWR - Determination Letter

3. STRGBA GSA - Notice of Intent to Adopt a Revised GSP

4. 2022 Modesto Subbasin Groundwater Sustainability Plan

5. GSP – Section 5 Revisions

6. GSP – Section 6 Revisions

7. GSP – Section 8 Revisions

8. GSP – Section 9 Revisions
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION ADOPTING A REVISED GROUNDWATER SUSTAINABILITY PLAN

AND DOCUMENTING THE COMMITMENT TO DEVELOP AND IMPLEMENT A WELL

MITIGATION PROGRAM AND MANAGEMENT ACTIONS IN THE MODESTO

GROUNDWATER SUBBASIN
A. WHEREAS, the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA) consists of the City of Modesto, Modesto Irrigation District, City of Oakdale, Oakdale Irrigation District, City of Riverbank, City of Waterford and County of Stanislaus, and was formed on February 16, 2017 for the purpose of sustainably managing groundwater in the Modesto Subbasin, within its jurisdictional boundaries, pursuant to the requirements of the Sustainable Groundwater Management Act (SGMA); and
B. WHEREAS, the STRGBA GSA coordinated with the County of Tuolumne to develop a single, coordinated groundwater sustainability plan (GSP) for the Modesto Subbasin which was approved by all parties; and
C. WHEREAS, the final Modesto Subbasin GSP was submitted to the California Department of Water Resources (DWR) on January 31, 2022; and D. WHEREAS, Minimum Thresholds (MTs) were established in the Modesto Subbasin GSP as a basis of where long-term Undesirable Results would start to occur; and
E. WHEREAS, 2027 Interim Milestones (IMs) were established in the Modesto Subbasin GSP to acknowledge the continued groundwater level decline anticipated to occur temporarily during the initial years of GSP implementation; and F. WHEREAS, the City of Modesto acknowledges that during the 20-year GSP implementation period it will be necessary to implement projects and management actions to achieve and maintain sustainable groundwater conditions in the Subbasins by or before 2042; and
G. WHEREAS, the City of Modesto acknowledges that successful implementation of planned GSP projects to achieve their intended recharge benefits during the 20-year GSP implementation period (prior to 2042) is dependent in part on uncertainties related to hydrologic conditions, including precipitation and snowpack, and available water supply during that time period, and
H. WHEREAS, the City of Modesto acknowledges that implementation of management actions will be necessary to offset these uncertainties related to project implementation and project benefits to ensure that sustainable groundwater conditions are achieved in the subbasin by or before 2042; and
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I. WHEREAS, the City of Modesto acknowledges that wet hydrologic conditions and faster implementation of projects may result in diminished need for management actions, and
J. WHEREAS, the City of Modesto acknowledges that dry hydrological conditions, prolonged drought, and delayed implementation of projects may result in an accelerated need for management actions, and
K. WHEREAS, on January 18, 2024, DWR provided notification to the GSA that the GSP was considered incomplete and two deficiencies were identified; and L. WHEREAS, the GSA is required to correct the deficiencies and submit a revised or otherwise amended GSP by July 16, 2024; and
M. WHEREAS, on March 29, 2024 the GSA released the Notice of Intent to Adopt the Revised GSP to cities and counties in the plan area pursuant to Water Code section 10728.4; and
N. WHEREAS, the GSA has addressed the deficiencies through the development of a revised GSP which has been reviewed by the GSA member agencies and presented at public meetings; and
O. WHEREAS, the City of Modesto recognizes that in order to obtain a determination that the GSP is complete, DWR is seeking a firm commitment from the GSA to develop a well mitigation program and management actions to address and mitigate impacts from groundwater level declines that may occur when water levels drop below the MTs defined in the Modesto Subbasin GSP; and
P. WHEREAS, such management actions to be considered as outlined in the GSP include, but are not limited to:
o A groundwater allocation and pumping management program o A groundwater extraction and surface water reporting program o Groundwater extraction fees
o A groundwater pumping credit market and trading program o Voluntary conservation/land fallowing
o Conservation practices; and
Q. WHEREAS, the City of Modesto acknowledges that SGMA requires sustainable groundwater management based on a 2015 baseline but does not make GSAs responsible for injury caused by overdraft; and
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R. WHEREAS, the City of Modesto acknowledges that they cannot control groundwater conditions not caused by actions taken by the GSA; and S. WHEREAS, the STRGBA GSA revised GSP adoption resolution will also document the STRGBA GSA’s commitment to develop and implement a well mitigation program and management actions along with the County of Tuolumne; and T. WHEREAS, funding sources may be subject to the Proposition 218 process and may include GSA fees and assessments, landowner groundwater pumping fees and penalties, agency funds, and grant funding; and
U. WHEREAS, the final staff version of the revised GSP for the Modesto Subbasin was presented by reference to the Council of the City of Modesto on July 9, 2024; and
V. WHEREAS, the City of Modesto understands its staff and consultant team may finalize the amended GSP by making non-substantive revisions to the final revised Modesto Subbasin GSP presented on July 9, 2024;
W. WHEREAS, the final revised Modesto Subbasin GSP will be incorporated in its entirety by reference hereto this resolution.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto finds as follows:

1. The City of Modesto hereby approves and adopts the final staff version of the revised Modesto Subbasin GSP.

2. The City of Modesto authorizes collaboration with the STRGBA GSA, its member agencies, consultants, stakeholders and the County of Tuolumne to take such actions as may be reasonably necessary to:
a. Develop and implement a well mitigation program inclusive of the procurement of baseline funding amounting to $300,000 no later than January 31, 2026. Upon implementation, the well mitigation program shall continue into perpetuity unless otherwise directed by the STRGBA GSA. b. Develop management actions, inclusive of a fee structure and/or identified sources of funding, no later than January 31, 2026. Such management actions shall be implemented no later than January 31, 2027 and, upon implementation, shall continue into perpetuity unless otherwise directed by the STRGBA GSA.

3. The City of Modesto authorizes the Modesto Subbasin Plan Manager and consultants to take such actions as may be reasonably necessary to:
a. finalize the staff version of the Modesto Subbasin GSP, barring any substantive changes to the document;
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b. submit the final revised Modesto Subbasin GSP to DWR by July 16, 2024; The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CALIFORNIA DEPARTMENT OF WATER RESOURCES

SUSTAINABLE GROUNDWATER

MANAGEMENT OFFICE
715 P Street, 8th Floor | Sacramento, CA 95814 | P.O. Box 942836 | Sacramento, CA 94236-0001 STATE OF CALIFORNIA | GAVIN NEWSOM, GOVERNOR | CALIFORNIA NATURAL RESOURCES AGENCY January 18, 2024
Eric Thorburn
Oakdale Irrigation District
1205 East F Street
Oakdale CA 95361
[email protected]
RE: San Joaquin Valley – Modesto Subbasin - 2022 Groundwater Sustainability Plan Dear Eric Thorburn,
The Department of Water Resources (Department) has evaluated the groundwater sustainability plan (GSP or Plan) submitted for the San Joaquin Valley – Modesto Subbasin. The Department has determined that the Plan is “incomplete” pursuant to Section 355.2(e)(2) of the GSP Regulations.

The Department based its incomplete determination on recommendations from the Staff Report, included as an enclosure to the attached Statement of Findings, which describes that the Subbasin’s Plan does not satisfy the objectives of the Sustainable Groundwater Management Act (SGMA) nor substantially comply with the GSP Regulations. The Staff Report also provides corrective actions which the Department recommends the Subbasin’s groundwater sustainability agency (GSA) review while determining how to address the deficiencies.

The Subbasin’s GSA has 180 days, the maximum allowed by the GSP Regulations, to address the identified deficiencies. Where addressing the deficiencies requires modification of the Plan, the GSA must adopt those modifications into the respective GSP and all applicable coordination agreement materials, or otherwise demonstrate that those modifications are part of the Plan before resubmitting it to the Department for evaluation no later than July 16, 2024. The Department understands that much work has occurred to advance sustainable groundwater management since the GSA submitted the GSP in January 2022. To the extent to which those efforts are related or responsive to the Department’s identified deficiencies, we encourage you to document that as part of your Plan resubmittal. The Department prepared a Frequently Asked Questions document to provide general information and guidance on the process of addressing deficiencies in an “incomplete” determination.

Department staff will work expeditiously to review the revised components of your Plan resubmittal. If the revisions sufficiently address the identified deficiencies, the Department will determine that the Plan is “approved”. In that scenario, Department staff will identify additional recommended corrective actions that the GSAs should address early in implementing the GSP (i.e., no later than the first required periodic evaluation).

DocuSign Envelope ID: 42906DC7-CCD0-4705-A0AC-9A8D376B16A3 #25..
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STATE OF CALIFORNIA | GAVIN NEWSOM, GOVERNOR | CALIFORNIA NATURAL RESOURCES AGENCY Among other items, those corrective actions will recommend the GSAs provide more detail on the plans and schedules to address data gaps. Those recommendations will call for significantly expanded documentation of the plans and schedules to implement specific projects and management actions. Regardless of those recommended corrective actions, the Department expects the first periodic evaluations, required no later than January 2027 – one-quarter of the way through the 20-year implementation period – to document significant progress toward achieving sustainable groundwater management.

If the Subbasin’s GSA cannot address the deficiencies identified in this letter by July 16, 2024, then the Department, after consultation with the State Water Resources Control Board, will determine the GSP to be “inadequate”. In that scenario, the State Water Resources Control Board may identify additional deficiencies that the GSA would need to address in the state intervention processes outlined in SGMA.

Please contact Sustainable Groundwater Management staff by emailing [email protected] if you have any questions related to the Department’s assessment or implementation of your GSP.

Thank You,
________________________________
Paul Gosselin
Deputy Director
Sustainable Groundwater Management
Attachment:

1. Statement of Findings Regarding the Determination of Incomplete Status of the San Joaquin Valley – Modesto Subbasin Groundwater Sustainability Plan DocuSign Envelope ID: 42906DC7-CCD0-4705-A0AC-9A8D376B16A3 #25..
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STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES

STATEMENT OF FINDINGS REGARDING THE

DETERMINATION OF INCOMPLETE STATUS OF THE

SAN JOAQUIN VALLEY - MODESTO SUBBASIN

GROUNDWATER SUSTAINABILITY PLAN
The Department of Water Resources (Department) is required to evaluate whether a submitted groundwater sustainability plan (GSP or Plan) conforms to specific requirements of the Sustainable Groundwater Management Act (SGMA or Act), is likely to achieve the sustainability goal for the Subbasin, and whether the GSP adversely affects the ability of an adjacent basin or subbasin to implement its GSP or impedes achievement of sustainability goals in an adjacent basin or subbasin. (Water Code § 10733.) The Department is directed to issue an assessment of the GSP within two years of its submission. (Water Code § 10733.4.) This Statement of Findings explains the Department’s decision regarding the submitted Plan by the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency and the County of Tuolumne Groundwater Sustainability Agency (GSAs or Agencies) for the San Joaquin Valley - Modesto Subbasin (Basin No. 5-022.02).

Department management has reviewed the enclosed Staff Report, which recommends that the identified deficiencies should preclude approval of the GSP. Based on its review of the Staff Report, Department management is satisfied that staff have conducted a thorough evaluation and assessment of the Plan and concurs with, and hereby adopts, staff’s recommendation and all the corrective actions provided. The Department thus determines the Plan Incomplete based on the staff assessments and recommendations.

In particular, the Department finds:

A. The GSAs must provide more detailed explanation and justification regarding the selection for the sustainable management criteria for the chronic lowering of groundwater sustainability indicator. Department staff recommend the GSAs consider and address the following:

1. The GSAs should revise the GSP to include a complete and thorough discussion of how the interests of beneficial uses and users of groundwater in the Subbasin have been considered. Department staff recommend that additional assessment be conducted to understand the impacts to beneficial uses and users from continued overdraft, including what impacts may result if groundwater levels reach the established interim milestones in 2027. The GSP should also include a well impact analysis identifying the anticipated number and location of wells that may DocuSign Envelope ID: 49EC9541-1ABF-48EB-A9BB-A0D491FA2E2C #25..
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Statement of Findings
San Joaquin Valley - Modesto Subbasin (No. 5-022.02) January 18, 2024 California Department of Water Resources Page 2 of 3
go dry during the 20-year implementation period based on the proposed interim milestones, for how long they may go dry, and the impacts to land uses and property interests, among others. Additionally, the GSP should include a discussion of how its approach to groundwater management may affect all identified beneficial uses and users in the Subbasin, including environmental users.

2. The GSAs should revise the GSP to describe how impacts to wells experienced at interim milestone levels below minimum thresholds will be managed or mitigated. If the GSAs plan to implement a well mitigation program to avoid causing significant and unreasonable effects to beneficial uses and users, details such as the number of wells anticipated to be eligible for the program, estimated costs, funding sources, and an implementation schedule should be included in the GSP. The GSAs should revise the GSP to include an analysis describing whether or how managing the Subbasin to allow groundwater levels to drop to interim milestone levels that are below the established minimum thresholds will avoid causing undesirable results for other sustainability indicators.

3. The GSAs should revise the GSP to include an analysis describing whether or how managing the Subbasin to allow groundwater levels to drop to interim milestone levels that are below the established minimum thresholds will avoid causing undesirable results for other sustainability indicators.

B. The GSAs should revise the GSP to provide specific details of feasible projects and management actions that will be implemented to mitigate overdraft and that will raise groundwater levels from interim milestones towards the minimum thresholds and measurable objectives to achieve sustainability in the Subbasin. Specifically, the Plan must be amended as follows:

1. The GSAs should revise the GSP to include a reasonable means to arrest groundwater level declines and stop the overdraft that is continuing to occur in the Subbasin. Specifically, the GSAs should describe feasible, effective proposed projects and management actions that are commensurate with the level of understanding of groundwater conditions in the Subbasin and provide sufficient details for Department staff to be able to clearly evaluate how the Plan’s projects and management actions will ensure achieving the sustainability goal in the Subbasin.

2. The GSAs should revise the GSP to include a feasible collection of projects and management actions to raise groundwater levels to avoid DocuSign Envelope ID: 49EC9541-1ABF-48EB-A9BB-A0D491FA2E2C #25..
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Statement of Findings
San Joaquin Valley - Modesto Subbasin (No. 5-022.02) January 18, 2024 California Department of Water Resources Page 3 of 3
undesirable results that would occur as a result of groundwater levels dropping below minimum thresholds towards the proposed interim milestones levels.

Based on the above, the GSP submitted by the Agencies for the San Joaquin Valley – Modesto Subbasin is determined to be incomplete because the GSP does not satisfy the requirements of SGMA, nor does it substantially comply with the GSP Regulations. The corrective actions provided in the Staff Report are intended to address the deficiencies that, at this time, preclude approval. The Agencies have up to 180 days to address the deficiencies outlined above and detailed in the Staff Report. Once the Agencies resubmit their Plan, the Department will review the revised GSP to evaluate whether the deficiencies were adequately addressed. Should the Agencies fail to take sufficient actions to correct the deficiencies identified by the Department in this assessment, the Department shall disapprove the Plan if, after consultation with the State Water Resources Control Board, the Department determines the Plan inadequate pursuant to 23 CCR § 355.2(e)(3)(C).

Signed:

Karla Nemeth, Director
Date: January 18, 2024
Enclosure: Groundwater Sustainability Plan Assessment Staff Report – San Joaquin Valley – Modesto Subbasin
DocuSign Envelope ID: 49EC9541-1ABF-48EB-A9BB-A0D491FA2E2C #25..
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California Department of Water Resources
Sustainable Groundwater Management Program Page 1 of 16 State of California
Department of Water Resources
Sustainable Groundwater Management Program
Groundwater Sustainability Plan Assessment
Staff Report
Groundwater Basin Name: San Joaquin Valley – Modesto Subbasin (No. 5-022.02) Submitting Agency:

Stanislaus and Tuolumne Rivers Groundwater Basin
Association Groundwater Sustainability Agency,
County of Tuolumne Groundwater Sustainability Agency
Submittal Type: Initial GSP Submission
Submittal Date: January 31, 2022
Recommendation: Incomplete
Date: January 18, 2024
The Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency and the County of Tuolumne Groundwater Sustainability Agency (collectively, the GSAs) jointly submitted the Modesto Subbasin Groundwater Sustainability Plan (GSP or Plan) to the Department of Water Resources (Department) for evaluation and assessment as required by the Sustainable Groundwater Management Act (SGMA)1 and the GSP Regulations.2 The GSP covers the entire San Joaquin Valley – Modesto Subbasin (Subbasin) for the implementation of SGMA.

Evaluation and assessment by the Department is based on whether an adopted and submitted GSP, either individually or in coordination with other adopted and submitted GSPs, complies with SGMA and substantially complies with the GSP Regulations.

Department staff base their assessment on information submitted as part of an adopted GSP, public comments submitted to the Department, and other materials, data, and reports that are relevant to conducting a thorough assessment. Department staff have evaluated the GSP and have identified deficiencies that staff recommend should preclude its approval.3 In addition, consistent with the GSP Regulations, Department staff have provided corrective actions4 that the GSAs should review while determining how and whether to address the deficiencies. The deficiencies and corrective actions are explained in greater detail in Section 3 of this staff report and are generally related to the need to define sustainable management criteria in the manner required by SGMA and the GSP Regulations.
1 Water Code § 10720 et seq. 2 23 CCR § 350 et seq. 3 23 CCR §355.2(e)(2). 4 23 CCR §355.2(e)(2)(B).
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GSP Assessment Staff Report
San Joaquin Valley – Modesto Subbasin (No. 5-022.02) January 18, 2024 California Department of Water Resources
Sustainable Groundwater Management Program Page 2 of 16 This assessment includes four sections:
• Section 1 – Evaluation Criteria: Describes the legislative requirements and the Department’s evaluation criteria.
• Section 2 – Required Conditions: Describes the submission requirements, GSP completeness, and basin coverage required for a GSP to be evaluated by the Department.
• Section 3 – Plan Evaluation: Provides a detailed assessment of identified deficiencies in the GSP. Consistent with the GSP Regulations, Department staff have provided corrective actions for the GSAs to address the deficiencies. • Section 4 – Staff Recommendation: Provides staff's recommendation regarding the Department’s determination.
1 EVALUATION CRITERIA
The Department evaluates whether a Plan conforms to the statutory requirements of SGMA 5 and is likely to achieve the basin’s sustainability goal. 6 To achieve the sustainability goal, the Plan must demonstrate that implementation will lead to sustainable groundwater management, which means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results.7 Undesirable results are required to be defined quantitatively by the GSAs overlying a basin and occur when significant and unreasonable effects for any of the applicable sustainability indicators are caused by groundwater conditions occurring throughout the basin.8 The Department is also required to evaluate whether the Plan will adversely affect the ability of an adjacent basin to implement its groundwater sustainability program or achieve its sustainability goal.9 For a Plan to be evaluated by the Department, it must first be determined that it was submitted by the statutory deadline10 and that it is complete and covers the entire basin.11 Additionally, for those GSAs choosing to develop multiple GSPs, the Plan submission must include a coordination agreement.12 The coordination agreement must explain how the multiple GSPs in the basin have been developed and implemented utilizing the same data and methodologies and that the elements of the multiple GSPs are based upon consistent interpretations of the basin’s setting. If these required conditions are satisfied, the Department evaluates the Plan to determine whether it complies with SGMA and substantially complies with the GSP Regulations.13 As stated in the GSP Regulations, 5 Water Code §§ 10727.2, 10727.4, 10727.6.
6 Water Code § 10733(a).
7 Water Code § 10721(v).
8 23 CCR § 354.26.
9 Water Code § 10733(c).
10 23 CCR § 355.4(a)(1).
11 23 CCR §§ 355.4(a)(2), 355.4(a)(3).
12 23 CCR § 357.4.
13 23 CCR § 350 et seq.
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When evaluating whether the Plan is likely to achieve the sustainability goal for the basin, Department staff review the information provided for sufficiency, credibility, and consistency with scientific and engineering professional standards of practice. 15 The Department’s review considers whether there is a reasonable relationship between the information provided by the GSAs and the assumptions and conclusions presented in the Plan, including: whether the interests of the beneficial uses and users of groundwater in the basin have been considered; whether sustainable management criteria and projects and management actions described in the Plan are commensurate with the level of understanding of the basin setting; and whether those projects and management actions are feasible and likely to prevent undesirable results.16 The Department also considers whether the GSAs have the legal authority and financial resources necessary to implement the Plan.17
To the extent overdraft is present in a basin, the Department evaluates whether the Plan provides a reasonable assessment of the overdraft and includes reasonable means to mitigate it. 18 When applicable, the Department will assess whether coordination agreements have been adopted by all relevant parties and satisfy the requirements of SGMA and the GSP Regulations.19 The Department also considers whether the Plan provides reasonable measures and schedules to eliminate identified data gaps.20 Lastly, the Department’s review considers the comments submitted on the Plan and evaluates whether the GSAs have adequately responded to the comments that raise credible technical or policy issues with the Plan.21
The Department is required to evaluate the Plan within two years of its submittal date and issue a written assessment.22 The assessment is required to include a determination of 14 23 CCR § 355.4(b).
15 23 CCR § 351(h).
16 23 CCR §§ 355.4(b)(1), (3), (4) and (5).
17 23 CCR § 355.4(b)(9).
18 23 CCR § 355.4(b)(6).
19 23 CCR § 355.4(b)(8).
20 23 CCR § 355.4(b)(2).
21 23 CCR § 355.4(b)(10).
22 Water Code § 10733.4(d); 23 CCR § 355.2(e).
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Even when the Department determines a Plan is approved, indicating that it satisfies the requirements of SGMA and is in substantial compliance with the GSP Regulations, the Department may still recommend corrective actions.
27 Recommended corrective actions
are intended to facilitate progress in achieving the sustainability goal within the basin and the Department’s future evaluations, and to allow the Department to better evaluate whether implementation of the Plan adversely affects adjacent basins. While the issues addressed by the recommended corrective actions in an approved Plan do not, at the time the determination was made, preclude its approval, the Department recommends that the issues be addressed to ensure the Plan’s implementation continues to be consistent with SGMA and the Department is able to assess progress in achieving the basin’s sustainability goal. 28 Unless otherwise noted, the Department proposes that recommended corrective actions be addressed by the submission date for the first periodic assessment.
29 After review of the Plan, Department staff may conclude that the information provided is not sufficiently detailed, or the analyses not sufficiently thorough and reasonable, to evaluate whether it is likely to achieve the sustainability goal for the basin. If the Department determines the deficiencies precluding approval may be capable of being corrected by the GSAs in a timely manner,30 the Department will determine the status of the Plan to be incomplete. A Plan deemed incomplete may be revised and resubmitted to the Department for reevaluation of whether all deficiencies have been addressed and incorporated into the Plan within 180 days after the Department makes its incomplete determination. The Department will review the revised Plan to evaluate whether the identified deficiencies were sufficiently addressed. Depending on the outcome of that evaluation, the Department may determine the resubmitted Plan is approved.

Alternatively, the Department may find a formerly deemed incomplete GSP is inadequate if, after consultation with the State Water Resources Control Board, it determines that the GSAs have not taken sufficient actions to correct any identified deficiencies.31 The staff assessment of the Plan involves the review of information presented by the GSAs, including models and assumptions, and an evaluation of that information based on scientific reasonableness. In conducting its assessment, the Department does not recalculate or reevaluate technical information provided in the Plan or perform its own geologic or engineering analysis of that information. The recommendation to approve a 23 Water Code § 10733.4(d); 23 CCR § 355.2(e).
24 23 CCR § 355.2(e)(1).
25 23 CCR § 355.2(e)(2).
26 23 CCR § 355.2(e)(3).
27 Water Code § 10733.4(d).
28 Water Code § 10733.8.
29 23 CCR § 356.4.
30 23 CCR § 355.2(e)(2)(B)(i).
31 23 CCR § 355.2(e)(3)(C).
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Lastly, the Department’s review and assessment of an approved Plan is a continual process. Both SGMA and the GSP Regulations provide the Department with the ongoing authority and duty to review the implementation of the Plan. 32 Also, GSAs have an ongoing duty to reassess their GSPs, provide annual reports to the Department, and, when necessary, update or amend their GSPs.33 The passage of time or new information may make what is reasonable and feasible at the time of this review to not be so in the future. The emphasis of the Department’s periodic reviews will be to assess the GSA’s progress toward achieving the basin’s sustainability goal and whether implementation of the Plan adversely affects the ability of GSAs in adjacent basins to achieve their sustainability goals.
2 REQUIRED CONDITIONS
A GSP, to be evaluated by the Department, must be submitted within the applicable statutory deadline.34 The GSP must also be complete and must, either on its own or in coordination with other GSPs, cover the entire basin. If a GSP is determined to be incomplete, Department staff may require corrective actions that address minor or potentially significant deficiencies identified in the GSP. The GSAs in a basin, whether developing a single GSP covering the basin or multiple GSPs, must sufficiently address those required corrective actions within the time provided, not to exceed 180 days, for the GSP to be reevaluated by the Department and potentially approved.

2.1 SUBMISSION DEADLINE
SGMA required basins categorized as high- or medium-priority as of January 1, 2017 and to submit a GSP no later than January 31, 2022.35
The GSAs submitted the Modesto Subbasin GSP to the Department on January 31, 2022 in compliance with the statutory deadline.
32 Water Code § 10733.8; 23 CCR § 355.6.
33 Water Code §§ 10728, 10728.2.
34 Water Code § 10720.7.
35 Water Code § 10720.7(a)(2).
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2.2 COMPLETENESS
GSP Regulations specify that the Department shall evaluate a GSP if that GSP is complete and includes the information required by SGMA and the GSP Regulations.36 The GSAs submitted an adopted GSP for the entire Subbasin. Department staff found the Modesto Subbasin GSP to be complete and include the required information, sufficient to warrant a thorough evaluation by the Department. Therefore, the Department posted the GSP to its website on February 14, 2022.

2.3 BASIN COVERAGE
A GSP, either on its own or in coordination with other GSPs, must cover the entire basin.37 A GSP that intends to cover the entire basin may be presumed to do so if the basin is fully contained within the jurisdictional boundaries of the submitting GSAs.

The GSP intends to manage the entire Modesto Subbasin and the jurisdictional boundaries of the submitting GSAs appear to cover the entire Subbasin. 3 PLAN EVALUATION
As stated in Section 355.4 of the GSP Regulations, a basin “shall be sustainably managed within 20 years of the applicable statutory deadline consistent with the objectives of the Act.” The Department’s assessment is based on a number of related factors including whether the elements of a GSP were developed in the manner required by the GSP Regulations, whether the GSP was developed using appropriate data and methodologies and whether its conclusions are scientifically reasonable, and whether the GSP, through the implementation of clearly defined and technically feasible projects and management actions, is likely to achieve a tenable sustainability goal for the basin.

Department staff have identified deficiencies in the GSP, the most serious of which preclude staff from recommending approval of the GSP at this time. Department staff believe the GSAs may be able to correct the identified deficiencies within 180 days.

Consistent with the GSP Regulations, Department staff are providing corrective actions related to the deficiencies, detailed below, including the general regulatory background, the specific deficiency identified in the GSP, and the specific actions to address the deficiency.
36 23 CCR § 355.4(a)(2).
37 Water Code § 10727(b); 23 CCR § 355.4(a)(3).
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3.1 DEFICIENCY 1. THE GSP DOES NOT PROVIDE SUFFICIENT INFORMATION TO

SUPPORT THE SELECTION OF CHRONIC LOWERING OF GROUNDWATER LEVELS SUSTAINABLE MANAGEMENT CRITERIA.

3.1.1 Background
SGMA defines sustainable groundwater management as the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results.38 The avoidance of undesirable results is thus explicitly part of sustainable groundwater management, as established by SGMA, and critical to the success of a GSP. To achieve sustainable groundwater management under SGMA, the basin must experience no undesirable results by the end of the 20-year GSP implementation period and be able to demonstrate an ability to maintain sustainable conditions over the 50-year planning and implementation horizon. SGMA requires the Department to develop and publish best management practices for GSAs.39 The best management practice for sustainable management criteria describe activities, practices, and procedures for defining the sustainable management criteria required by the GSP Regulations.40
The definition of undesirable results is critical to the establishment of an objective method to define and measure sustainability for a basin. As an initial matter, SGMA provides a qualitative definition of undesirable results as “one or more” of six specific “effects caused by groundwater conditions occurring throughout the basin.”41 SGMA identifies the effects related to chronic lowering of groundwater levels as those “…indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon.”
It is up to GSAs to define, in their GSPs, the specific significant and unreasonable effects that would constitute undesirable results and to define the groundwater conditions that would produce those results in their basins.42 The GSA’s definition needs to include a description of the processes and criteria relied upon to define undesirable results and must describe and disclose the effect of undesirable results on the beneficial uses and users of groundwater. From this definition, the GSA establishes minimum thresholds, which are quantitative values that represent groundwater conditions at representative monitoring sites that, when exceeded individually or in combination with minimum thresholds at other monitoring sites, may cause the basin to experience undesirable results. 43 Put another way, the minimum thresholds represent conditions that, if not 38 Water Code § 10721(v). 39 Water Code § 10729.
40 23 CCR § 350 et seq.
41 Water Code § 10721(x).
42 23 CCR § 354.26. 43 23 CCR § 354.28, DWR Best Management Practices for the Sustainable Management of Groundwater:

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Some basins may experience undesirable results within the 20-year period, particularly if the basin already had or was experiencing undesirable results as of January 1, 2015. The occurrence of one or more undesirable results within the initial 20-year period does not, by itself, necessarily indicate that a basin is not being managed sustainably, or that it will not achieve sustainability within the 20-year period. For example, a basin that experiences a period of minimum threshold exceedance can still be sustainably managed if the GSA has planned for that period of exceedances via their interim milestones, and if the GSA has a feasible and effective plan to implement necessary projects and management actions to eliminate the undesirable result and achieve the measurable objective. Note that if the GSA has not planned for continued groundwater level decline via appropriate interim milestones or has not implemented the necessary projects and management actions to eliminate the undesirable result, the Department may determine that the GSA is not likely to achieve the sustainability goal for the basin within the 20-year period.44 The GSP Regulations also require the Department to evaluate whether the minimum thresholds and interim milestones are reasonable 45 and established in a manner to avoid undesirable results for each of the other sustainability indicators.46 SGMA leaves the task of establishing undesirable results, minimum thresholds, measurable objectives, and interim milestones largely to the discretion of the GSA, subject to review by the Department. In its review, the Department requires a thorough and reasonable analysis of the groundwater conditions the GSA is trying to avoid, and the GSA’s stated rationale for setting objective and quantitative sustainable management criteria to prevent those conditions from occurring. If a Plan does not meet this requirement, the Department is unable to evaluate the likelihood of the Plan achieving its sustainability goal. This does not necessarily mean that the GSP or its objectives are inherently unreasonable; however, it is unclear which conditions the GSA seeks to avoid, making it difficult for the Department to monitor whether the GSA will be successful in that effort or likely to achieve sustainability consistent with SGMA timeframes when implementing its GSP.

GSPs must clearly define a planned pathway to reach sustainability in the form of interim milestones and show actual progress in annual reporting. Failing to eliminate undesirable results within 20 years or failing to implement a GSP to achieve the sustainability goal established for a basin will result in the Department deeming the GSP inadequate and could result in State Water Resources Control Board intervention. 44 DWR Best Management Practices for the Sustainable Management of Groundwater: Sustainable Management Criteria (DRAFT), November 2017. (pp. 25-26) 45 23 CCR § 355.4(b)(1).
46 23 CCR § 354.28(b)(2).
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3.1.2 Deficiency Details
The Plan describes sustainable management criteria for chronic lowering of groundwater levels in relation to documented historical impacts on beneficial uses and users of groundwater; however, it then establishes interim milestones that are below the minimum thresholds. This proposed management would allow a portion of the Subbasin to operate below minimum thresholds for an extended duration during the 20-year implementation period. However, the GSP fails to include sufficient explanations, rationale, and supporting details regarding: how the GSA has considered beneficial uses and users in developing and adopting this approach, how the GSAs will implement projects and management actions to raise water levels from interim milestones back up to minimum thresholds, and how this approach will avoid undesirable results for other sustainability indicators; therefore, a deficiency that precludes plan approval at this time has been identified.

The GSP defines undesirable results for chronic lowering of groundwater levels as “significant and unreasonable groundwater level declines – either due to multi-year droughts or due to chronic declines where groundwater is the sole supply – such that water supply wells are adversely impacted in a manner that cannot be readily managed or mitigated.”47 The quantitative criteria defining when and where groundwater conditions could cause undesirable results to occur is defined as “when at least 33% of representative monitoring wells exceed the MT for a principal aquifer in 3 consecutive Fall monitoring events.” 48 Three consecutive fall measurements are chosen to manage groundwater based on “long-term trends rather than seasonal fluctuations” and since “three critically dry years (WY 2013 – WY 2015, see Figure 3-2) led to previous undesirable results”.49
The GSP identifies the 2014-2017 drought period—when historic groundwater level declines were experienced—as a period when a combination of over-pumping and drought caused adverse impacts to water supply wells, resulting in undesirable results.50 Specific examples of adverse impacts to wells during this drought period are provided, such as: failure of 159 domestic wells (representing five percent of the then-current number of domestic wells), loss of capacity in municipal wells, and increased costs associated with replacing or lowering pumps in three agency wells.51 The GSP notes that impacts to wells that occurred during the recent drought “appear to be mostly mitigated” at current [2021]52 groundwater levels.”53 As stated, the GSP strives to avoid similar undesirable results in the future by arresting groundwater levels; therefore, the GSP establishes minimum thresholds as the historical low groundwater level experienced in 47 Modesto Subbasin GSP, Table 6-3, p. 332.
48 Modesto Subbasin GSP, Table 6-3, p. 332.
49 Modesto Subbasin GSP, Section 6.3.1.3, p. 333.g
50 Modesto Subbasin GSP, Section 6.3.1.1, p. 329 and Section 6.3.1.2, p. 331. 51 Modesto Subbasin GSP, Table 6-2, p. 329; Section 6.3.1.3, p. 333 52 Modesto Subbasin GSP, Section 6.3.1.3, p. 333.
53 Modesto Subbasin GSP, Section 6.3.1.2, p. 331.
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54 Specifically, minimum thresholds are the historical lows that occurred between water year (WY) 1991 to WY 2020, with many minimum thresholds occurring during the 2015-2016 period.
55 Department staff believe that establishing minimum thresholds based on the historical low groundwater level, largely during the 2015-2016 period, is a reasonable approach since the GSP has disclosed effects at those levels. However, the GSAs intend to allow continued groundwater level declines, below minimum threshold levels, during part of the 20-year implementation period based on the GSP’s proposed interim milestones. For wells with observed groundwater level declines over the last seven years, the GSP defines 2027 interim milestones below the minimum thresholds. Given the proposed interim milestones, groundwater levels are likely to exceed (i.e., be below) minimum thresholds in portions of the Subbasin for a period of ten years. Based on information submitted in the 2022 Annual Report, groundwater levels have already fallen below minimum threshold levels in 11 of 50 representative monitoring sites. 56 The GSP does not describe how the GSAs considered the interests of beneficial uses and users of groundwater in the Subbasin in developing the proposed management approach of lowering groundwater levels below minimum thresholds for an extended period or explain how the Plan is likely to affect those interests. While the GSP does provide an analysis of domestic wells considered to be vulnerable at Fall 2015 groundwater levels, it does not provide a similar analysis at interim milestone groundwater levels, which in portions of the Subbasin will be below historical lows. Department staff believe a thorough analysis of effects on beneficial uses and users of groundwater at interim milestone levels to be necessary and appropriate supporting information to consider and disclose in the Plan because the relevant monitoring wells are in particularly vulnerable parts of the Subbasin (i.e., the eastern portion of the Subbasin and along rivers). Department staff also believe that groundwater conditions at these lower interim milestone levels may cause significant and unreasonable effects in the Subbasin as defined in the Plan, such as impacts to water supply wells that cannot be readily managed or mitigated.57 Since the GSP was submitted, the Subbasin has experienced over 15 additional dry wells based on the Household Dry Well Reporting System. 58 The GSAs
should conduct a well impact analysis to fully consider and disclose the potential effects of planned groundwater management to operate the Subbasin below minimum thresholds during the 20-year implementation period (see Corrective Action 1a).

Although the GSAs plan to only temporarily fall below minimum threshold groundwater levels and to then raise groundwater levels back above minimum thresholds over the 20- year implementation period, impacts from this approach—such as wells going dry for 54 Modesto Subbasin GSP, Section 6.3.1.2, p. 331.
55 Modesto Subbasin GSP, Section 6.3.2, p. 334.
56 Modesto Subbasin Annual Report WY 2022 Table 3-4, pp. 33-35. 57 Modesto Subbasin GSP, Table 6-3, p. 332.
58 “Dry Well Reporting System.” Mydrywell.water.ca.gov, mydrywell.water.ca.gov/report/publicpage.

Accessed 21, November, 2023.
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In addition to the concerns above, Department staff also believe the interim milestones below minimum thresholds have the potential to cause lasting or irreversible undesirable results related to land subsidence, water quality, and interconnected surface water in the Subbasin even if groundwater levels recover above the minimum thresholds after 20 years of Plan implementation. Department staff are concerned that impacts on other sustainability indicators may not recover in the same manner that groundwater levels may. The GSP acknowledges that widespread collapse of well casings and interference with water canal capacity and conveyance from over-pumping resulting in land subsidence has been well-documented in the Central Valley. 59 Although the Plan describes the relationship between minimum thresholds for chronic lowering of groundwater levels and how the minimum thresholds will avoid undesirable results for other sustainability indicators,
60 the Plan does not describe the potential impacts to other sustainability indicators that may occur because of the GSAs allowing groundwater levels to decline below minimum thresholds. There is no indication in the GSP that this issue was considered by the GSA or disclosed to interested parties. Therefore, the GSAs should analyze whether or how groundwater levels at the selected interim milestones will avoid causing undesirable results for other sustainability indicators (see Corrective Action 1c).
59 Modesto Subbasin GSP, Section 6.7.1.1, p. 368.
60 Modesto Subbasin GSP, Section 6.3.2.2, pp. 337-339.
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3.1.3 Corrective Action 1
The GSAs must provide more detailed explanation and justification regarding the selection for the sustainable management criteria for the chronic lowering of groundwater sustainability indicator. Department staff recommend the GSAs consider and address the following:
a) The GSAs should revise the GSP to include a complete and thorough discussion of how the interests of beneficial uses and users of groundwater in the Subbasin have been considered. Department staff recommend that additional assessment be conducted to understand the impacts to beneficial uses and users from continued overdraft, including what impacts may result if groundwater levels reach the established interim milestones in 2027. The GSP should also include a well impact analysis identifying the anticipated number and location of wells that may go dry during the 20-year implementation period based on the proposed interim milestones, for how long they may go dry, and the impacts to land uses and property interests, among others. Additionally, the GSP should include a discussion of how its approach to groundwater management may affect all identified beneficial uses and users in the Subbasin, including environmental users.
b) The GSAs should revise the GSP to describe how impacts to wells experienced at interim milestone levels below minimum thresholds will be managed or mitigated.

If the GSAs plan to implement a well mitigation program to avoid causing significant and unreasonable effects to beneficial uses and users, details such as the number of wells anticipated to be eligible for the program, estimated costs, funding sources, and an implementation schedule should be included in the GSP. c) The GSAs should revise the GSP to include an analysis describing whether or how managing the Subbasin to allow groundwater levels to drop to interim milestone levels that are below the established minimum thresholds will avoid causing undesirable results for other sustainability indicators.

3.2 DEFICIENCY 2. THE GSP DOES NOT INCLUDE SUFFICIENT DETAILS OF

PROJECTS AND MANAGEMENT ACTIONS TO MITIGATE OVERDRAFT IN THE SUBBASIN OR PROVIDE A FEASIBLE PATH TO ACHIEVE SUSTAINABILITY.

3.2.1 Background
For basins where overdraft conditions occur, the GSP Regulations require a Plan to quantify the overdraft over a period of years during which water year and water supply conditions approximate average conditions. 61 Furthermore, the Plan must describe feasible projects or management actions, including a quantification of demand reduction 61 23 CCR § 354.18(b)(5).
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62 As part of the Department’s evaluation, staff assess whether the Plan provides a reasonable assessment of overdraft conditions and includes reasonable means to mitigate overdraft, if present.63 To substantially comply with the GSP Regulations64, the assessment provided in the Plan must be supported with sufficiently detailed information and the analyses must be sufficiently thorough and reasonable. Discussion and analyses in a Plan must be detailed and thorough enough for Department staff to evaluate whether any discrepancy in the information provided in the Plan may materially affect the ability of the Agency to achieve the sustainability goal for the basin.

3.2.2 Deficiency Details
GSP Regulations require the Department to evaluate whether the projects and management actions are feasible and likely to prevent undesirable results and ensure that the basin is operated within its sustainable yield. 65,66 Based on the GSAs’ proposed management to operate the Subbasin at groundwater levels below minimum thresholds during a portion of the 20-year implementation period, implementing a robust combination of projects and management actions is a key aspect of successful Plan implementation and achieving sustainability, because under the Plan, the GSAs will have to timely implement and complete these projects and management actions to raise groundwater levels and reach the sustainability goal for the Subbasin consistent with SGMA timeframes. Under the currently proposed management approach where groundwater levels are managed to levels below the minimum thresholds, the suite of projects and management actions in the Plan must be sufficient to not only arrest groundwater level declines, but also to raise groundwater levels to offset and mitigate the temporary removal of groundwater in storage that occurred during the implementation period when groundwater levels were below the minimum threshold levels.

While the GSP documents that there has been historical groundwater overdraft in the Subbasin, it does not appear to provide reasonable means to mitigate actual overdraft, mainly because the Plan does not demonstrate that the proposed suite of projects and management actions would be sufficient to mitigate the anticipated overdraft and groundwater in storage depletions. The Plan’s projected baseline overdraft estimate— which is used as the basis for developing projects to mitigate overdraft67—is substantially lower than actual reported values for the Subbasin in recent annual reports. For example, the values of negative change in groundwater storage (i.e., overdraft) reported for water year (WY) 2021 (which represents change between October 1, 2020, and September 30, 62 23 CCR §§ 354.44 and 354.44(b)(2).
63 23 CCR § 355.4 (b)(6).
64 23 CCR § 355.4 (b).
65 23 CCR § 355.4(b)(6).
66 23 CCR § 355.4(b)(5).
67 Modesto Subbasin GSP, Section 8.5.1, p 484.
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It would take nearly 218 years of full implementation of the Plan’s proposed projects combined with the Subbasin operating without further overdraft to offset this loss of storage. Department staff are concerned that continued overdraft will exacerbate the current problems the Subbasin is experiencing, which include dry wells. Based on the information contained in the GSP, it does not appear the GSAs have proposed a suite of projects and management actions that will be sufficient or effective in offsetting the recent overdraft observed in the Subbasin and are therefore unlikely to achieve sustainability.

According to the GSP’s sustainable conditions groundwater budget, to reach sustainability in the Subbasin, there would need to be a reduction of approximately 44,000 AFY of groundwater pumping form historical conditions, or an approximate 15 percent reduction in overall groundwater pumping from the Subbasin. 71 The required reduction in
pumping is much greater when compared to the current water budget which would require a reduction of approximately 149,000 AFY, or an approximate 35 percent reduction in overall groundwater pumping form the Subbasin.72 The GSP does not provide details of how the projected reduction in pumping would be achieved or implemented. The GSP describes six management actions that include demand management strategies such as conservation, land fallowing, and a water accounting framework to reduce groundwater pumping; however, the Plan does not commit to take these actions or present detailed tasks, milestones, and timelines depicting how these projects will be completed and implemented. To the contrary, the GSP asserts the sustainability goals can be met without demand management and that management actions need only be undertaken if projects are insufficient.
73 The GSP states that most of the management actions are presented as frameworks and that potential management actions will be implemented by each GSA, as needed, using an adaptive management approach which will be informed by continued monitoring of groundwater conditions, using the monitoring network and methods 68 Department of Water Resources, SGMA Portal, Annual Report Module, WY 2021 and WY 2022 Data, Reported Overdraft, Modesto Subbasin.
69 Modesto Subbasin GSP, Table 5-8, p. 266.
70 Modesto Subbasin GSP, Section 8.5.1, p 487.
71 Modesto Subbasin GSP, Table 5-8, p. 266 and Table 5-15, p. 314. 72 Modesto Subbasin GSP, Table 5-8, p. 266 and Table 5-15, p. 314. 73 Modesto Subbasin GSP, Section 8.4, p. 465 and Section 8.5.1, p. 487. #25..
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San Joaquin Valley – Modesto Subbasin (No. 5-022.02) January 18, 2024 California Department of Water Resources
Sustainable Groundwater Management Program Page 15 of 16 described in the GSP.74 However, the Plan does not provide details clarifying when any particular GSA’s adaptive management approach would trigger increased actions by the GSA through implementation of more immediate projects and management actions. This approach is problematic for several reasons. First, the equivocation and lack of firm committals to implement certain projects or management actions is inconsistent and contrary to conditions the GSP has committed to address, including overdraft, that are already occurring--meaning there is no need to wait for a triggering event to decide whether certain projects and management actions should be implemented. Second, equivocation and ambiguity in whether, when, or how projects and management actions will be implemented creates uncertainty, gives rise to potential disputes, and makes it difficult for interested parties and the Department to monitor and assess whether the Plan is being properly implemented. While adaptive management, used in the sense of reacting or adjusting management to conditions based on new or recent information can generally be a useful or reasonable approach to managing groundwater under SGMA, clear, express procedures, methodology, and triggers are required for the Department to be able to evaluate whether the approach will be effective in achieving sustainable groundwater management, and more generally to avoid disputes or delays in implementation.

For all the above reasons, the GSP does not include sufficient details of, or commitment to, implementation of projects and management actions for Department staff to conclude that the measures proposed by the GSP to arrest groundwater level declines and mitigate overdraft are feasible, reasonable, or that the basin is likely to achieve its sustainability goals according to SGMA timelines (see Corrective Action 2a).

Additionally, while these projects are being implemented, the GSAs intend to allow continued groundwater level declines based on the GSP’s proposed interim milestones.

As previously discussed, the GSAs have selected a management path where groundwater levels will likely fall below minimum threshold levels for multiple, successive years during the 20-year implementation period. Under such a scenario, GSAs have a responsibility to consider and disclose the effects of proposed groundwater management on beneficial uses and users and to develop an adequate suite of feasible and effective projects and management actions that can be implemented to raise groundwater levels above minimum thresholds to avoid undesirable results. The GSAs should expand on the proposed projects and management actions to define a feasible path for how groundwater levels will rise from the proposed interim milestone levels back up to the minimum thresholds (see Corrective Action 2b).

3.2.3 Corrective Action 2
The GSAs should revise the GSP to provide specific details of feasible projects and management actions that will be implemented to mitigate overdraft and that will raise groundwater levels from interim milestones towards the minimum thresholds and 74 Modesto Subbasin GSP, Section 8.4, p. 466.
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Sustainable Groundwater Management Program Page 16 of 16 measurable objectives to achieve sustainability in the Subbasin. Specifically, the Plan must be amended as follows:
a. The GSAs should revise the GSP to include a reasonable means to arrest groundwater level declines and stop the overdraft that is continuing to occur in the Subbasin. Specifically, the GSAs should describe feasible, effective proposed projects and management actions that are commensurate with the level of understanding of groundwater conditions in the Subbasin and provide sufficient details for Department staff to be able to clearly evaluate how the Plan’s projects and management actions will ensure achieving the sustainability goal in the Subbasin.
b. The GSAs should revise the GSP to include a feasible collection of projects and management actions to raise groundwater levels to avoid undesirable results that would occur as a result of groundwater levels dropping below minimum thresholds towards the proposed interim milestones levels.
4 STAFF RECOMMENDATION
Department staff believe that the deficiencies identified in this assessment should preclude approval of the GSP for the San Joaquin Valley – Modesto Subbasin.

Department staff recommend that the GSP be determined incomplete. #25..
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March 29, 2024

SENT VIA EMAIL ONLY
Modesto City Council
P.O. Box 642
Modesto, CA 95353
Notice of Intent to Adopt a Revised Groundwater Sustainability Plan in the Modesto Subbasin
Pursuant to California Water Code § 10728.4, the Sustainable Groundwater Management Act (SGMA) requires each groundwater sustainability agency (GSA) that intends to adopt or amend a Groundwater Sustainability Plan (GSP) to provide notice to any city or county within the area of the proposed GSP. The Stanislaus and Tuolumne Rivers Groundwater Basin Association GSA (STRGBA GSA) and the County of Tuolumne GSA, herby provide notice on behalf of their members that the GSAs intend to adopt a revised GSP for the Modesto Subbasin no earlier than 90 days from the date of this notice.

The GSAs intend to hold public hearings to consider adoption of the revised GSP prior to July 16, 2024, but no earlier than 90 days from the date of this notice. The GSAs shall receive and consider comments from any city or county that receives this notice pursuant to California Water Code §10728.4 and consult with a city or county that requests consultation within 30 days of receipt of this notice. If you would like more information regarding the development of the amendments to the GSP, please contact Eric Thorburn for the STRGBA GSA or Sean Hembree for the County of Tuolumne GSA. Information regarding the amended GSP will also be added to the STRGBA GSA website at www.strgba.org as it becomes available.

Sincerely,
Eric Thorburn Sean Hembree
STRGBA GSA Chair County of Tuolumne GSA
(209) 840-5525 (209) 533-5554
[email protected] [email protected]

#25..
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Groundwater
Sustainability Plan
Modesto Subbasin
Stanislaus and Tuolumne Rivers
Groundwater Basin Association (STRGBA)
Groundwater Sustainability Agency
&
County of Tuolumne
Groundwater Sustainability Agency
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#25..
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MODESTO SUBBASIN

GROUNDWATER

SUSTAINABILITY PLAN
(GSP)

STANISLAUS AND TUOLUMNE

RIVERS GROUNDWATER BASIN

ASSOCIATION (STRGBA)

GROUNDWATER

SUSTAINABILITY AGENCY

COUNTY OF TUOLUMNE

GROUNDWATER

SUSTAINABILITY AGENCY
REVISED JULY 2024
Prepared by:

Todd Groundwater and
Woodard & Curran
In association with
Stantec
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SIGNATURE PAGE
_________________________________
Phyllis S. Stanin, PG, CHG, Vice President
Todd Groundwater, Alameda, CA
_________________________________
Liz Elliott, PG, CHG, Principal Hydrogeologist
Todd Groundwater, Alameda, CA
_________________________________
Chad Taylor, PG, CHG, Vice President
Todd Groundwater, Alameda, CA
_________________________________
Ali Taghavi, PhD, PE, Senior Principal
Woodard & Curran, Sacramento, CA
_________________________________
Dominick Amador, PE, Principal
Woodard & Curran, Sacramento, CA
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ACKNOWLEDGMENTS
This Groundwater Sustainability Plan was prepared for the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA) and the County of Tuolumne Groundwater Sustainability Agency (Tuolumne GSA) by a team of technical and outreach consultants under the guidance of a Technical Advisory Committee (TAC) that served as advisors to the GSAs. Technical consulting firms along with their general roles and responsibilities are summarized below:

Todd Groundwater led the technical team providing overall project management, hydrogeologic characterization, development of sustainable management criteria and the monitoring network, and primary responsibility for GSP development.

Woodard & Curran developed the local C2VSimTM integrated surface water-groundwater model, analyzed water budgets, and developed projects and management actions.

Stantec provided GSP outreach support including preparation of a Communications and Engagement Plan and the Notice and Communication GSP chapter, stakeholder engagement, and outreach support for public comments and GSP adoption.

In addition to GSP development activities summarized above, Todd Groundwater and Ground Zero Analysis, Inc. provided technical assistance and onsite field supervision for the installation of monitoring wells to support the GSP.

Funding for GSP development has been provided, in part, by a $1,000,000 Sustainable Groundwater Management (SGM) grant through an agreement with the State Department of Water Resources (DWR). Funding for this grant was provided by the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1).

Additional funding to support GSP planning was provided by a second $1,000,000 SGM grant managed by DWR and funded by the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68). The provision of these State funds is through an amended agreement with the State of California Department of Water Resources. These funds were used for the installation of monitoring wells to support the GSP.
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Table of Contents
Executive Summary.............................................................................................................. ES-1

1. Administrative Information ........................................................................................... 1-1

1.1. Agency Information ............................................................................................... 1-1

1.1.1. Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA) ........................................................... 1-1

1.1.2. County of Tuolumne Groundwater Sustainability Agency............................. 1-2

1.2. Organization and Management Structure for Plan Development......................... 1-2

1.3. Implementation of the GSP ................................................................................... 1-3

1.3.1. GSP Implementation Costs ............................................................................ 1-4

1.3.2. Financial Plan for Implementing the GSP....................................................... 1-4

2. Plan Area........................................................................................................................ 2-1

2.1. Agencies and Jurisdictional Boundaries................................................................. 2-1

2.2. Existing Land Use ................................................................................................... 2-2

2.3. Water Sources and Use.......................................................................................... 2-4

2.3.1. Surface Water ................................................................................................ 2-4

2.3.2. Groundwater.................................................................................................. 2-5

2.3.3. Domestic Wells .............................................................................................. 2-9

2.4. Water Resources Monitoring Programs .............................................................. 2-11

2.4.1. CASGEM Monitoring Program ..................................................................... 2-11

2.4.2. Public Water Suppliers Groundwater Monitoring Programs....................... 2-12

2.4.3. Agricultural Water Suppliers Monitoring Programs .................................... 2-13

2.4.3.1. Modesto Irrigation District (MID) ........................................................ 2-13

2.4.3.2. Oakdale Irrigation District (OID) .......................................................... 2-13

2.4.4. Irrigated Lands Regulatory Programs .......................................................... 2-14

2.5. Water Resources Management Programs........................................................... 2-15

2.5.1. Groundwater Management Plan ................................................................. 2-15

2.5.2. Urban Water Management Plans................................................................ 2-16

2.5.3. Agricultural Water Management Plans ....................................................... 2-17

2.5.4. Additional Plan Elements............................................................................. 2-18

2.6. Land Use Planning and Elements......................................................................... 2-20

2.6.1. Summary of General Plans and Groundwater Ordinances.......................... 2-20 #25..
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2.6.1.1. Stanislaus County General Plan ........................................................... 2-20

2.6.1.2. Stanislaus County Community Plans.................................................... 2-25

2.6.1.3. Stanislaus County Groundwater Ordinance......................................... 2-25

2.6.1.4. City of Modesto General Plan .............................................................. 2-25

2.6.1.5. City of Oakdale General Plan ............................................................... 2-30

2.6.1.6. City of Riverbank General Plan ............................................................ 2-32

2.6.1.7. City of Waterford General Plan............................................................ 2-35

2.6.1.8. Tuolumne River Regional Park Master Plan......................................... 2-35

2.6.2. Stanislaus County Discretionary Well Permitting and Management Program 2- 37 2.6.3. How the General Plans and the GSP Affect the Other................................. 2-38

3. Basin Setting .................................................................................................................. 3-1

3.1. Hydrogeologic Conceptual Model ......................................................................... 3-1

3.1.1. Regional Geologic and Structural Setting ...................................................... 3-2

3.1.2. Physical Setting .............................................................................................. 3-3

3.1.2.1. Precipitation and Average Hydrologic Conditions................................. 3-3

3.1.2.2. Topography ............................................................................................ 3-4

3.1.2.3. Soils ........................................................................................................ 3-5

3.1.2.4. Surface Water Bodies and Water Conveyance ...................................... 3-6

3.1.3. Basin Boundaries............................................................................................ 3-7

3.1.3.1. Lateral Boundaries................................................................................. 3-7

3.1.3.2. Basin Bottom.......................................................................................... 3-7

3.1.3.3. Areas of Recharge and Discharge .......................................................... 3-8

3.1.4. Principal Aquifers and Aquitards ................................................................... 3-9

3.1.4.1. Cross Section Development................................................................. 3-11

3.1.4.2. Cross Sections ...................................................................................... 3-13

3.1.4.3. Aquifer Properties................................................................................ 3-17

3.1.5. Hydrogeologic Conceptual Model Representation in Modesto C2VSim Model ................................................................................................................... 3-17

3.1.6. Data Gaps and Uncertainties in the Hydrogeologic Conceptual Model ...... 3-18

3.2. Groundwater Conditions ..................................................................................... 3-19

3.2.1. Groundwater Occurrence ............................................................................ 3-19

3.2.2. Water Levels and Trends.............................................................................. 3-19

3.2.3. Groundwater Flow ....................................................................................... 3-21 #25..
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3.2.3.1. Groundwater Elevation Contour Maps................................................ 3-21

3.2.3.2. Vertical Groundwater Flow.................................................................. 3-24

3.2.4. Changes of Groundwater in Storage............................................................ 3-25

3.2.5. Groundwater Quality ................................................................................... 3-26

3.2.5.1. Regional Groundwater Quality ............................................................ 3-26

3.2.5.2. Local Groundwater Quality .................................................................. 3-27

3.2.5.3. Constituents of Concern ...................................................................... 3-27

3.2.5.4. Trends in Historical and Present Groundwater Quality....................... 3-40

3.2.5.5. Contamination Sites from GeoTracker ................................................ 3-41

3.2.6. Land Subsidence .......................................................................................... 3-41

3.2.7. Interconnected Surface Water..................................................................... 3-44

3.2.8. Groundwater Dependent Ecosystems......................................................... 3-46

3.2.9. Data Gaps and Uncertainties for Groundwater Conditions......................... 3-48

4. Notice and Communication........................................................................................... 4-1

4.1. Decision Making Process........................................................................................ 4-1

4.2. Groundwater Beneficial Uses and Users................................................................ 4-1

4.2.1. Agricultural Users (§10723.2(a)(1))................................................................ 4-4

4.2.2. Domestic Well Owners (§10723.2(a)(2)) ....................................................... 4-4

4.2.3. Municipal & Industrial Well Owners (§10723.2(b))....................................... 4-5

4.2.4. Public Water Systems (§10723.2(c)).............................................................. 4-5

4.2.5. Local Land Use Planning Agencies ................................................................. 4-5

4.2.6. Environmental Users of Groundwater........................................................... 4-5

4.2.7. Surface Water Users (§10723.2(f)) ................................................................ 4-6

4.2.8. Federal Government (§10723.2(g)) ............................................................... 4-6

4.2.9. California Native American Tribes (§10723.2(h)) .......................................... 4-6

4.2.10. Disadvantaged Communities (§10723.2(i)) ................................................... 4-6

4.2.11. Groundwater Elevation Monitoring and Reporting Entities (§10723.2(j)).... 4-8

4.3. Public Engagement ................................................................................................ 4-8

4.3.1. Outreach Tools............................................................................................... 4-8

4.3.2. Outreach Activities......................................................................................... 4-9

4.4. List of Public Meetings......................................................................................... 4-10

4.4.1. STRGBA Committee and Technical Advisory Committee Meetings ............ 4-13

4.4.2. Public Workshops and GSP Office Hours..................................................... 4-13 #25..
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4.4.3. Other Public Meetings ................................................................................. 4-14

4.5. GSP Comments and Responses............................................................................ 4-14

4.5.1. Public Comment Process.............................................................................. 4-14

4.6. Public Involvement During GSP Implementation ................................................ 4-15

4.7. Public Engagement for Revised GSP .................................................................... 4-15

5. Water Budgets............................................................................................................... 5-1

5.1. Water Budget Information..................................................................................... 5-1

5.1.1. Identification of Hydrologic Periods .............................................................. 5-3

5.1.2. Usage of C2VSimTM and Associated Data in Water Budget Development... 5-4

5.1.3. Water Budget Definitions and Assumptions.................................................. 5-5

5.1.3.1. Historical Water Budget......................................................................... 5-5

5.1.3.2. Current Water Budget............................................................................ 5-6

5.1.3.3. Projected Water Budget ........................................................................ 5-6

5.1.4. Water Budget Estimates................................................................................ 5-7

5.1.4.1. Historical Water Budget....................................................................... 5-16

5.1.4.2. Current Water Budget.......................................................................... 5-28

5.1.4.3. Projected Water Budget ...................................................................... 5-31

5.2. Climate Change Analysis...................................................................................... 5-43

5.2.1. Regulatory Background................................................................................ 5-43

5.2.2. DWR Guidance ............................................................................................. 5-43

5.2.3. Climate Change Methodology ..................................................................... 5-45

5.2.3.1. Streamflow under Climate Change...................................................... 5-46

5.2.3.2. Precipitation and Evapotranspiration under Climate Change ............. 5-50

5.2.3.2.1. Applying Change Factors to Precipitation......................................... 5-50

5.2.3.2.2. Applying Change Factors to Evapotranspiration .............................. 5-53

5.2.3.3. Modesto Subbasin Water Budget Under Climate Change................... 5-54

5.2.3.4. Opportunities for Future Refinement.................................................. 5-61

5.3. Sustainable Yield Estimate ................................................................................... 5-62

5.3.1. Summary ...................................................................................................... 5-68

6. Sustainable Management Criteria ................................................................................. 6-1

6.1. Sustainability Goal ................................................................................................. 6-1

6.2. Selection of Sustainable Management Criteria ..................................................... 6-3

6.2.1. Sustainability Considerations in the Modesto Subbasin................................ 6-3 #25..
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6.2.2. Public Process for Sustainable Management Criteria.................................... 6-6

6.2.3. Management Areas........................................................................................ 6-7

6.2.4. Organization of Sustainability Indicators....................................................... 6-8

6.3. Chronic Lowering of Groundwater Levels.............................................................. 6-9

6.3.1. Undesirable Results for Chronic Lowering of Groundwater Levels............. 6-10

6.3.1.1. Causes of Undesirable Results – Adverse Impacts to Wells ................ 6-11

6.3.1.2. Potential Effects on Beneficial Uses..................................................... 6-13

6.3.1.3. Modesto Subbasin Definition of Undesirable Results ......................... 6-14

6.3.2. Minimum Thresholds for Chronic Lowering of Groundwater Levels........... 6-16

6.3.2.1. Justification and Support for Minimum Thresholds ............................ 6-17

6.3.2.2. Relationship between MTs of Each Sustainability Indicator................ 6-20

6.3.2.3. Impacts of MTs on Adjacent Subbasins ............................................... 6-22

6.3.2.3.1. Eastern San Joaquin Subbasin .......................................................... 6-23

6.3.2.3.2. Delta-Mendota Subbasin .................................................................. 6-24

6.3.2.3.3. Turlock Subbasin............................................................................... 6-24

6.3.2.4. Effects of MTs on Beneficial Uses and Users of Groundwater ............ 6-24

6.3.2.5. Consideration of State, Federal, or Local Standards in MT Selection.. 6-25

6.3.2.6. Quantitative Measurement of Minimum Thresholds.......................... 6-25

6.3.3. Interim Milestones for Chronic Lowering of Groundwater Levels .............. 6-25

6.3.3.1. Impacts to Wells and Beneficial Uses in the Modesto Subbasin ......... 6-27

6.3.3.1.1. Limitations of Well Impacts Analysis ................................................ 6-30

6.3.3.2. Impacts to Other Sustainability Indicators........................................... 6-30

6.3.3.2.1. Degradation of Water Quality .......................................................... 6-31

6.3.3.2.2. Land Subsidence ............................................................................... 6-33

6.3.3.2.3. Depletion of Interconnected Surface Water .................................... 6-33

6.3.4. Measurable Objectives for Chronic Lowering of Groundwater Levels........ 6-35

6.4. Reduction of Groundwater in Storage................................................................. 6-36

6.4.1. Undesirable Results for Reduction of Groundwater in Storage .................. 6-37

6.4.1.1. Cause of Undesirable Results............................................................... 6-38

6.4.1.2. Potential Effects on Beneficial Uses..................................................... 6-38

6.4.1.3. Modesto Subbasin Definition of Undesirable Results ......................... 6-39

6.4.2. Minimum Thresholds for Reduction of Groundwater in Storage ................ 6-40

6.4.2.1. Justification and Support for Minimum Thresholds ............................ 6-41 #25..
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6.4.2.2. Relationship between MTs of Each Sustainability Indicator................ 6-43

6.4.2.3. Impacts of MTs on Adjacent Subbasins ............................................... 6-43

6.4.2.4. Effects of MTs on Beneficial Uses and Users of Groundwater ............ 6-43

6.4.2.5. Consideration of State, Federal, or Local Standards in MT Selection.. 6-43

6.4.2.6. Quantitative Measurement of Minimum Thresholds.......................... 6-44

6.4.3. Interim Milestones for Reduction of Groundwater in Storage.................... 6-44

6.4.4. Measurable Objectives for Reduction of Groundwater in Storage ............. 6-44

6.5. Seawater intrusion............................................................................................... 6-45

6.6. Degradation of Water Quality.............................................................................. 6-45

6.6.1. Undesirable Results for Degraded Groundwater Quality ............................ 6-46

6.6.1.1. Causes of Undesirable Results............................................................. 6-46

6.6.1.2. Potential Effects on Beneficial Uses..................................................... 6-48

6.6.1.3. Modesto Subbasin Definition of Undesirable Results ......................... 6-49

6.6.2. Minimum Thresholds for Degraded Water Quality ..................................... 6-50

6.6.2.1. Justification and Support for Minimum Thresholds ............................ 6-51

6.6.2.1.1. Nitrate............................................................................................... 6-52

6.6.2.1.2. Arsenic .............................................................................................. 6-52

6.6.2.1.3. Uranium ............................................................................................ 6-52

6.6.2.1.4. Total Dissolved Solids........................................................................ 6-53

6.6.2.1.5. 1,2,3-Trichloropropane (TCP) ........................................................... 6-53

6.6.2.1.6. Dibromochloropropane (DBCP)........................................................ 6-54

6.6.2.1.7. Tetrachloroethene (PCE)................................................................... 6-54

6.6.2.2. Relationship between MTs of Each Sustainability Indicator................ 6-54

6.6.2.3. Impacts of MTs on Adjacent Subbasins ............................................... 6-55

6.6.2.3.1. Eastern San Joaquin Subbasin .......................................................... 6-55

6.6.2.3.2. Delta-Mendota Subbasin .................................................................. 6-56

6.6.2.3.3. Turlock Subbasin............................................................................... 6-56

6.6.2.4. Effects of MTs on Beneficial Uses and Users of Groundwater ............ 6-57

6.6.2.5. Consideration of State, Federal, or Local Standards in MT Selection.. 6-57

6.6.2.6. Quantitative Measurement of Minimum Thresholds.......................... 6-57

6.6.3. Interim Milestones for Degraded Water Quality......................................... 6-58

6.6.4. Measurable Objectives for Degraded Water Quality .................................. 6-59

6.7. Land Subsidence .................................................................................................. 6-59 #25..
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6.7.1. Undesirable Results for Land Subsidence.................................................... 6-60

6.7.1.1. Causes of Undesirable Results for Land Subsidence............................ 6-60

6.7.1.2. Effects on Beneficial Uses of Groundwater ......................................... 6-61

6.7.1.3. Modesto Subbasin Definition of Undesirable Results ......................... 6-62

6.7.2. Minimum Thresholds for Land Subsidence.................................................. 6-63

6.7.2.1. Justification and Support for Minimum Thresholds ............................ 6-64

6.7.2.2. Relationship between MTs of Each Sustainability Indicator................ 6-66

6.7.2.3. Impacts of MTs on Adjacent Subbasins ............................................... 6-66

6.7.2.3.1. Eastern San Joaquin Subbasin .......................................................... 6-67

6.7.2.3.2. Delta Mendota Subbasin .................................................................. 6-67

6.7.2.3.3. Turlock Subbasin............................................................................... 6-67

6.7.2.4. Effects of MTs on Beneficial Uses and Users of Groundwater ............ 6-67

6.7.2.5. Consideration of State, Federal, or Local Standards in MT Selection.. 6-68

6.7.2.6. Quantitative Measurement of Minimum Thresholds.......................... 6-68

6.7.3. Interim Milestones for Land Subsidence ..................................................... 6-68

6.7.4. Measurable Objectives for Land Subsidence............................................... 6-69

6.8. Depletion of Interconnected Surface Water........................................................ 6-69

6.8.1. Undesirable Results for Interconnected Surface Water.............................. 6-70

6.8.1.1. Causes of Undesirable Results............................................................. 6-70

6.8.1.2. Potential Effects on Beneficial Uses..................................................... 6-71

6.8.1.3. Modesto Subbasin Definition of Undesirable Results ......................... 6-72

6.8.2. Minimum Thresholds for Interconnected Surface Water............................ 6-73

6.8.2.1. Justification and Support for Minimum Thresholds ............................ 6-74

6.8.2.2. Relationship between MTs of Each Sustainability Indicator................ 6-76

6.8.2.3. Impacts of MTs on Adjacent Subbasins ............................................... 6-77

6.8.2.3.1. Eastern San Joaquin Subbasin .......................................................... 6-77

6.8.2.3.2. Delta-Mendota Subbasin .................................................................. 6-78

6.8.2.3.3. Turlock Subbasin............................................................................... 6-78

6.8.2.4. Effects of MTs on Beneficial Uses and Users of Groundwater ............ 6-78

6.8.2.5. Consideration of State, Federal, or Local Standards in MT Selection.. 6-79

6.8.2.6. Quantitative Measurement of Minimum Thresholds.......................... 6-79

6.8.3. Interim Milestones for Interconnected Surface Water ............................... 6-79

6.8.4. Measurable Objectives for Interconnected Surface Water......................... 6-79 #25..
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6.9. Summary of Sustainable Management Criteria and Adaptive Management...... 6-80

7. Monitoring Network ...................................................................................................... 7-1

7.1. Description of Monitoring Network....................................................................... 7-1

7.1.1. Chronic Lowering of Groundwater Levels...................................................... 7-7

7.1.1.1. Western Upper Principal Aquifer........................................................... 7-7

7.1.1.2. Western Lower Principal Aquifer......................................................... 7-10

7.1.1.3. Eastern Principal Aquifer ..................................................................... 7-11

7.1.2. Reduction of Groundwater in Storage......................................................... 7-13

7.1.3. Seawater Intrusion....................................................................................... 7-13

7.1.4. Degraded Water Quality .............................................................................. 7-13

7.1.5. Land Subsidence .......................................................................................... 7-14

7.1.6. Depletions of Interconnected Surface Water.............................................. 7-15

7.1.6.1. San Joaquin River................................................................................. 7-15

7.1.6.2. Stanislaus River .................................................................................... 7-16

7.1.6.3. Tuolumne River.................................................................................... 7-16

7.2. Protocols for Data Collection and Monitoring..................................................... 7-17

7.2.1. Field Methods for Monitoring Well Surveying............................................. 7-18

7.2.2. Additional Well Standards ........................................................................... 7-18

7.2.3. Field Methods for Groundwater Elevation Monitoring............................... 7-18

7.2.4. Frequency and Timing of Groundwater Elevation Monitoring.................... 7-19

7.3. Assessment and Improvement of Monitoring Network ...................................... 7-20

7.4. Data Management System................................................................................... 7-20

8. Projects and Management Actions................................................................................ 8-1

8.1. Management Actions............................................................................................. 8-2

8.1.1. Pumping Management Framework ............................................................... 8-5

8.1.1.1. Groundwater Allocation Program (Management Action 1) .................. 8-5

8.1.1.1.1. Management Action Description........................................................ 8-5

8.1.1.1.2. Public Noticing .................................................................................... 8-6

8.1.1.1.3. Permitting and Regulatory Process..................................................... 8-6

8.1.1.1.4. Expected Benefits ............................................................................... 8-6

8.1.1.1.5. Implementation Criteria, Status, and Plan.......................................... 8-7

8.1.1.1.6. Water Source and Reliability .............................................................. 8-7

8.1.1.1.7. Legal Authority.................................................................................... 8-7 #25..
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TODD GROUNDWATER

8.1.1.1.8. Estimated Costs and Funding Plan...................................................... 8-7

8.1.1.1.9. Management of Groundwater Extractions and Recharge.................. 8-8

8.1.1.2. Groundwater Extraction and Surface Water Accounting Reporting or Monitoring Program (Management Action 2)........................................................... 8-8

8.1.1.2.1. Management Action Description........................................................ 8-8

8.1.1.2.2. Public Noticing .................................................................................... 8-8

8.1.1.2.3. 8.1.1.2.3 Permitting and Regulatory Process...................................... 8-9

8.1.1.2.4. Expected Benefits ............................................................................... 8-9

8.1.1.2.5. Implementation Criteria, Status, and Plan.......................................... 8-9

8.1.1.2.6. Water Source and Reliability .............................................................. 8-9

8.1.1.2.7. Legal Authority.................................................................................. 8-10

8.1.1.2.8. Estimated Costs and Funding Plan .................................................... 8-10

8.1.1.2.9. Management of Groundwater Extractions and Recharge................ 8-10

8.1.1.3. Groundwater Extraction Fee (Management Action 3) ........................ 8-10

8.1.1.3.1. Management Action Description...................................................... 8-10

8.1.1.3.2. Public Noticing .................................................................................. 8-11

8.1.1.3.3. Permitting and Regulatory Process................................................... 8-11

8.1.1.3.4. Expected Benefits ............................................................................. 8-12

8.1.1.3.5. Implementation Criteria, Status, and Plan........................................ 8-13

8.1.1.3.6. Water Source and Reliability ............................................................ 8-13

8.1.1.3.7. Legal Authority.................................................................................. 8-13

8.1.1.3.8. Estimated Costs and Funding Plan .................................................... 8-13

8.1.1.3.9. Management of Groundwater Extractions and Recharge................ 8-13

8.1.1.4. Groundwater Pumping Credit Market and Trading Program (Management Action 4)........................................................................................... 8-14

8.1.1.4.1. Management Action Description...................................................... 8-14

8.1.1.4.2. Public Noticing .................................................................................. 8-14

8.1.1.4.3. Permitting and Regulatory Process................................................... 8-14

8.1.1.4.4. Expected Benefits ............................................................................. 8-14

8.1.1.4.5. Implementation Criteria, Status, and Plan........................................ 8-15

8.1.1.4.6. Water Source and Reliability ............................................................ 8-15

8.1.1.4.7. Legal Authority.................................................................................. 8-15

8.1.1.4.8. Estimated Costs and Funding Plan.................................................... 8-15

8.1.1.4.9. Management of Groundwater Extractions and Recharge................ 8-15 #25..
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Revised July 2024

TODD GROUNDWATER

8.1.2. Demand Reduction Strategies ..................................................................... 8-15

8.1.2.1. Voluntary Conservation and/or Land Fallowing (Management Action 5)8- 16 8.1.2.1.1. Management Action Description...................................................... 8-16

8.1.2.1.2. Public Noticing .................................................................................. 8-16

8.1.2.1.3. Permitting and Regulatory Process................................................... 8-16

8.1.2.1.4. Expected Benefits ............................................................................. 8-16

8.1.2.1.5. Implementation Criteria, Status, and Plan........................................ 8-17

8.1.2.1.6. Water Source and Reliability ............................................................ 8-17

8.1.2.1.7. Legal Authority.................................................................................. 8-18

8.1.2.1.8. Estimated Costs and Funding Plan.................................................... 8-18

8.1.2.1.9. Management of Groundwater Extractions and Recharge................ 8-18

8.1.2.2. Conservation Practices (Management Action 6) ................................. 8-18

8.1.2.2.1. Management Action Description...................................................... 8-18

8.1.2.2.2. Public Noticing .................................................................................. 8-20

8.1.2.2.3. Permitting and Regulatory Process................................................... 8-20

8.1.2.2.4. Expected Benefits ............................................................................. 8-20

8.1.2.2.5. Implementation Criteria, Status, and Plan........................................ 8-21

8.1.2.2.6. Water Source and Reliability ............................................................ 8-21

8.1.2.2.7. Legal Authority.................................................................................. 8-21

8.1.2.2.8. Estimated Costs and Funding Plan.................................................... 8-21

8.1.2.2.9. Management of Groundwater Extractions and Recharge................ 8-21

8.1.3. Dry Well Mitigation (Management Action 7)............................................... 8-22

8.1.3.1. Public Notice ........................................................................................ 8-23

8.1.3.2. Permitting and Regulatory Process...................................................... 8-23

8.1.3.3. Expected Benefits ................................................................................ 8-23

8.1.3.4. Implementation Criteria, Status, and Plan........................................... 8-23

8.1.3.5. Water Source and Reliability................................................................ 8-23

8.1.3.6. Legal Authority..................................................................................... 8-23

8.1.3.7. Estimated Costs and Funding Plan....................................................... 8-23

8.1.3.8. Management of Groundwater Extractions and Recharge................... 8-24

8.2. Projects Overview ................................................................................................ 8-24

8.3. Projects Developed for Near-Term Implementation (Groups 1 and 2)............... 8-27 #25..
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TODD GROUNDWATER

8.3.1. Urban and Municipal Projects...................................................................... 8-28

8.3.1.1. Growth Realization of Surface Water Treatment Plant Phase II (Project 1) 8-28

8.3.1.1.1. Project Description ........................................................................... 8-28

8.3.1.1.2. Public Noticing .................................................................................. 8-29

8.3.1.1.3. Permitting and Regulatory Process................................................... 8-29

8.3.1.1.4. Expected Benefits ............................................................................. 8-29

8.3.1.1.5. Implementation Criteria, Status, and Strategy ................................. 8-30

8.3.1.1.6. Water Source and Reliability ............................................................ 8-31

8.3.1.1.7. Legal Authority.................................................................................. 8-31

8.3.1.1.8. Estimated Costs and Funding Plan.................................................... 8-31

8.3.1.1.9. Management of Groundwater Extractions and Recharge................ 8-31

8.3.1.2. Advanced Metering Infrastructure Project (AMI) (Project 2).............. 8-31

8.3.1.2.1. Project Description ........................................................................... 8-31

8.3.1.2.2. Public Noticing .................................................................................. 8-32

8.3.1.2.3. Permitting and Regulatory Process................................................... 8-32

8.3.1.2.4. Expected Benefits ............................................................................. 8-32

8.3.1.2.5. Implementation Criteria, Status, and Strategy ................................. 8-32

8.3.1.2.6. Water Source and Reliability ............................................................ 8-33

8.3.1.2.7. Legal Authority.................................................................................. 8-33

8.3.1.2.8. Estimated Costs and Funding Plan.................................................... 8-33

8.3.1.2.9. Management of Groundwater Extractions and Recharge................ 8-33

8.3.1.3. Storm Drain Cross Connection Removal Project (Project 3)................ 8-33

8.3.1.3.1. Project Description ........................................................................... 8-33

8.3.1.3.2. Public Noticing .................................................................................. 8-34

8.3.1.3.3. Permitting and Regulatory Process................................................... 8-34

8.3.1.3.4. Expected Benefits ............................................................................. 8-35

8.3.1.3.5. Implementation Criteria, Status, and Strategy ................................. 8-35

8.3.1.3.6. Water Source and Reliability ............................................................ 8-36

8.3.1.3.7. Legal Authority.................................................................................. 8-36

8.3.1.3.8. Estimated Costs and Funding Plan.................................................... 8-36

8.3.1.3.9. Management of Groundwater Extractions and Recharge................ 8-36

8.3.1.4. Surface Water Pump Station and Storage Tank (Project 4)................. 8-37 #25..
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TODD GROUNDWATER

8.3.1.4.1. Project Description ........................................................................... 8-37

8.3.1.4.2. Public Noticing .................................................................................. 8-37

8.3.1.4.3. Permitting and Regulatory Process................................................... 8-37

8.3.1.4.4. Expected Benefits ............................................................................. 8-38

8.3.1.4.5. Implementation Criteria, Status, and Strategy ................................. 8-39

8.3.1.4.6. Water Source and Reliability ............................................................ 8-40

8.3.1.4.7. Legal Authority.................................................................................. 8-40

8.3.1.4.8. Estimated Costs and Funding Plan.................................................... 8-40

8.3.1.4.9. Management of Groundwater Extractions and Recharge................ 8-40

8.3.2. In-Lieu & Direct Recharge Projects.............................................................. 8-40

8.3.2.1. Modesto Irrigation District In-Lieu and Direct Recharge Project (Project 5) 8-40

8.3.2.1.1. Project Description ........................................................................... 8-40

8.3.2.1.2. Public Noticing .................................................................................. 8-41

8.3.2.1.3. Permitting and Regulatory Process................................................... 8-42

8.3.2.1.4. Expected Benefits ............................................................................. 8-42

8.3.2.1.5. Implementation Criteria, Status, and Strategy ................................. 8-43

8.3.2.1.6. Water Source and Reliability ............................................................ 8-44

8.3.2.1.7. Legal Authority.................................................................................. 8-44

8.3.2.1.8. Estimated Costs and Funding Plan.................................................... 8-44

8.3.2.1.9. Management of Groundwater Extractions and Recharge................ 8-45

8.3.2.2. Oakdale Irrigation District In-lieu and Direct Recharge Project (Project 6) 8-45

8.3.2.2.1. Project Description ........................................................................... 8-45

8.3.2.2.2. Public Noticing .................................................................................. 8-46

8.3.2.2.3. Permitting and Regulatory Process................................................... 8-47

8.3.2.2.4. Expected Benefits ............................................................................. 8-47

8.3.2.2.5. Implementation Criteria, Status, and Strategy ................................. 8-48

8.3.2.2.6. Water Source and Reliability ............................................................ 8-49

8.3.2.2.7. Legal Authority.................................................................................. 8-49

8.3.2.2.8. Estimated Costs and Funding Plan.................................................... 8-49

8.3.2.2.9. Management of Groundwater Extractions and Recharge................ 8-49

8.3.3. Flood Mitigation Projects............................................................................. 8-50 #25..
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Revised July 2024

TODD GROUNDWATER

8.3.3.1. Tuolumne River Flood Mitigation and Direct Recharge Project (Project 7) 8-50

8.3.3.1.1. Project Description ........................................................................... 8-50

8.3.3.1.2. Public Noticing .................................................................................. 8-50

8.3.3.1.3. Permitting and Regulatory Process................................................... 8-51

8.3.3.1.4. Expected Benefits ............................................................................. 8-51

8.3.3.1.5. Implementation Criteria, Status, and Strategy ................................. 8-52

8.3.3.1.6. Water Source and Reliability ............................................................ 8-52

8.3.3.1.7. Legal Authority.................................................................................. 8-53

8.3.3.1.8. Estimated Costs and Funding Plan.................................................... 8-53

8.3.3.1.9. Management of Groundwater Extractions and Recharge................ 8-53

8.3.3.2. Dry Creek Flood Mitigation and Direct Recharge Project (Project 8) .. 8-54

8.3.3.2.1. Project Description ........................................................................... 8-54

8.3.3.2.2. Public Noticing .................................................................................. 8-54

8.3.3.2.3. Permitting and Regulatory Process................................................... 8-54

8.3.3.2.4. Expected Benefits ............................................................................. 8-55

8.3.3.2.5. Implementation Criteria, Status, and Strategy ................................. 8-56

8.3.3.2.6. Water Source and Reliability ............................................................ 8-56

8.3.3.2.7. Legal Authority.................................................................................. 8-57

8.3.3.2.8. Estimated Costs and Funding Plan.................................................... 8-57

8.3.3.2.9. Management of Groundwater Extractions and Recharge................ 8-57

8.4. Supplemental Projects......................................................................................... 8-57

8.4.1. Stanislaus River Flood Mitigation and Direct Recharge Project (Project 9) . 8-58

8.4.2. Retention System Standards Specifications Update (Project 10)................ 8-60

8.4.3. Recharge Ponds Constructed by Non-District East Landowners (Project 11).. 8- 62 8.4.4. OID Irrigation and Recharge to Benefit City of Oakdale (Project 12) .......... 8-64

8.4.5. MID Flood-MAR Projects (Project 13).......................................................... 8-66

8.5. Plan for Achieving Sustainability.......................................................................... 8-68

8.5.1. Integrated Modeling Scenarios.................................................................... 8-68

8.5.2. Representative Hydrographs Scenarios 1-2 ................................................. 8-73

9. Implementation Plan ..................................................................................................... 9-1

9.1. Plan Implementation ............................................................................................. 9-1

9.1.1. Implementation Schedule.............................................................................. 9-1 #25..
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TODD GROUNDWATER

9.2. Implementation Costs Budgets and Funding Sources ........................................... 9-3

9.2.1. GSP Implementation and Funding ................................................................. 9-3

9.2.2. Projects and Management Actions................................................................ 9-6

9.3. Annual Reports....................................................................................................... 9-8

9.3.1. General Information ...................................................................................... 9-8

9.3.2. Basin Conditions............................................................................................. 9-8

9.3.3. Plan Implementation Progress....................................................................... 9-9

9.4. Periodic Evaluation ................................................................................................ 9-9

9.4.1. Sustainability Evaluation................................................................................ 9-9

9.4.2. Plan Implementation Progress....................................................................... 9-9

9.4.3. Reconsideration of GSP Elements................................................................ 9-10

9.4.4. Monitoring Network Description................................................................. 9-10

9.4.5. New Information.......................................................................................... 9-10

9.4.6. Regulations or Ordinances........................................................................... 9-10

9.4.7. Legal or Enforcement Actions...................................................................... 9-10

9.4.8. Plan Amendments........................................................................................ 9-10

9.4.9. Coordination ................................................................................................ 9-11

9.5. Data Gap Analysis ................................................................................................ 9-11

9.5.1. Improvements to Monitoring Network ....................................................... 9-11

9.5.1.1. Western Lower Principal Aquifer......................................................... 9-11

9.5.1.2. Eastern Principal Aquifer ..................................................................... 9-12

9.5.1.3. Interconnected Surface Water............................................................. 9-12

9.5.2. Analyses of Groundwater Dependent Ecosystems...................................... 9-12

9.5.3. Domestic Well Data ..................................................................................... 9-13

9.6. Closing .................................................................................................................. 9-14

10. References ................................................................................................................... 10-1 #25..
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Revised July 2024

TODD GROUNDWATER
List of Tables
Table 2-1: Public Water Systems in the Modesto Subbasin .................................................. 2-7 Table 2-2: Groundwater Monitoring Programs by Public Water Suppliers......................... 2-12 Table 2-3: Selected Stanislaus County General Plan Goals and Policies............................. 2-22 Table 2-4: Selected City of Modesto General Plan Goals and Policies ............................... 2-27 Table 2-5: Selected City of Oakdale General Plan Goals and Policies................................. 2-31 Table 2-6: Selected City of Riverbank General Plan Goals, Policies, and Implementation Strategies ............................................................................................................................. 2-33 Table 2-7: Selected City of Waterford General Plan Goals, Policies, and Implementing Actions ................................................................................................................................. 2-36 Table 3-1: Data Gaps for the Hydrogeologic Conceptual Model ........................................ 3-18 Table 3-2: Potential Constituents of Concern...................................................................... 3-28 Table 3-3: Summary Statistics of Select Groundwater Quality Constituents ...................... 3-30 Table 3-4: Summary Statistics of Select Groundwater Quality Constituents for the Eastern Principal Aquifer................................................................................................................... 3-31 Table 3-5: Summary Statistics of Select Groundwater Quality Constituents for the Western Upper Principal Aquifer ....................................................................................................... 3-32 Table 3-6: Summary Statistics of Select Groundwater Quality Constituents for the Western Lower Principal Aquifer........................................................................................................ 3-33 Table 3-7: Data Gaps for the Groundwater Conditions....................................................... 3-48 Table 4-1: Nature of Consultation with Beneficial Users....................................................... 4-3 Table 4-2: Census-Designated Places Designated as Disadvantaged .................................... 4-7 Table 4-3: List of Public Meetings at Which the Groundwater Sustainability Plan Was Discussed ............................................................................................................................. 4-11 Table 5-1: Summary of Groundwater Budget Assumptions.................................................. 5-7 Table 5-2: Average Annual Water Budget – Stream Systems, Modesto Subbasin (AFY) .... 5-10 Table 5-3: Average Annual Water Budget – Land Surface System, Modesto Subbasin (AFY) . 5- 11 Table 5-4: Average Annual Water Budget – Land Surface System, Modesto Area (AFY).... 5-12 Table 5-5: Average Annual Water Budget – Land Surface System, Oakdale South Area (AFY)5- 13 Table 5-6: Average Annual Water Budget – Land Surface System, Non-District East (AFY) 5-14 Table 5-7: Average Annual Water Budget – Land Surface System, Non-District West (AFY).. 5- 15 #25..
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Revised July 2024

TODD GROUNDWATER
Table 5-8: Average Annual Water Budget – Groundwater System, Modesto Subbasin (AFY) 5- 16 Table 5-9: Water Supply and Demand Budget by Year Type (AFY) ..................................... 5-28 Table 5-10: Average and Range of annual values for components of the Projected Conditions Groundwater Budget by Water Year Type (AFY)................................................................. 5-37 Table 5-11: DWR-Provided Climate Change Datasets ......................................................... 5-45 Table 5-12: Comparable Water Years (Precipitation).......................................................... 5-50 Table 5-13: Average Annual Water Budget Under Climate Change – Stream Systems, Modesto Subbasin (AFY)...................................................................................................... 5-58 Table 5-14: Average Annual Water Budget Under Climate Change – Land Surface System, Modesto Subbasin (AFY)...................................................................................................... 5-59 Table 5-15: Average Annual Water Budget Under Climate Change – Groundwater System, Modesto Subbasin (AFY)...................................................................................................... 5-60 Table 5-16. Average and Range of annual values for components of Groundwater Budget by Water Year Type under the Climate Change Scenario (AFY)............................................... 5-61 Table 5-17: Sustainable Yield Average Annual Water Budget Groundwater System – Modesto Subbasin............................................................................................................................... 5-65 Table 5-18. Average and Range of annual values for components of Groundwater Budget Under the Sustainable Yield by Water Year Type (AFY)....................................................... 5-66 Table 6-1: Sustainability Considerations for Modesto Subbasin ........................................... 6-4 Table 6-2: Adverse Impacts to Wells Associated with Declining Groundwater Levels........ 6-12 Table 6-3: Undesirable Results for Chronic Lowering of Groundwater Levels.................... 6-15 Table 6-4: Minimum Thresholds for Chronic Lowering of Groundwater Levels.................. 6-17 Table 6-5: Summary of Minimum Thresholds by Sustainability Indicator........................... 6-20 Table 6-6: Water Year Hydrologic Classification Indices Since 2014 ................................... 6-27 Table 6-7. Summary of Well Impacts Analysis Results ........................................................ 6-28 Table 6-8: Well Age and Depth Characteristics ................................................................... 6-29 Table 6-9: Summary of Interconnected Surface Water Analysis......................................... 6-35 Table 6-10: Measurable Objectives for Chronic Lowering of Groundwater Levels............. 6-36 Table 6-11: Undesirable Results for Reduction of Groundwater in Storage ....................... 6-39 Table 6-12: Minimum Thresholds for Reduction of Groundwater in Storage..................... 6-41 Table 6-13: Measurable Objectives for Reduction of Groundwater in Storage .................. 6-44 Table 6-14: Undesirable Results for Degraded Water Quality ............................................ 6-49 Table 6-15: Minimum Thresholds for Degraded Water Quality .......................................... 6-50 Table 6-16: Measurable Objectives for Degraded Water Quality ....................................... 6-59 #25..
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Revised July 2024

TODD GROUNDWATER
Table 6-17: Undesirable Results for Land Subsidence......................................................... 6-63 Table 6-18: Minimum Thresholds for Land Subsidence ...................................................... 6-64 Table 6-19: Measurable Objectives for Land Subsidence.................................................... 6-69 Table 6-20: Undesirable Results for Interconnected Surface Water................................... 6-72 Table 6-21: Minimum Thresholds for Interconnected Surface Water................................. 6-74 Table 6-22: Improvements to Interconnected Surface Water under Sustainable Yield Conditions............................................................................................................................ 6-76 Table 6-23: Measurable Objectives for Interconnected Surface Water.............................. 6-80 Table 6-24: Sustainable Management Criteria Summary.................................................... 6-81 Table 7‐1: Summary of Monitoring Network, Chronic Lowering of Groundwater Levels..... 7-3 Table 7‐2: Summary of Monitoring Network, Interconnected Surface Water...................... 7-6 Table 7-3: Summary of SGMA Monitoring Wells................................................................... 7-8 Table 8-1: List of Management Actions................................................................................. 8-4 Table 8-2: List of Projects..................................................................................................... 8-26 Table 8-3: Projects Developed for Near-Term Implementation.......................................... 8-28 Table 8-4: Storm Drain Cross Connection Removal Project Components, Status, and Expected Recharge Benefit.................................................................................................. 8-34 Table 8-5: Stanislaus River Flood Mitigation and Direct Recharge Project: Summary (23 CCR §354.44(b))........................................................................................................................... 8-59 Table 8-6: Retention System Standards Specifications Update: Summary (23 CCR §354.44(b)) ............................................................................................................................................. 8-61 Table 8-7: Recharge Ponds Constructed by Non-District East Landowners: Summary (23 CCR §354.44(b))........................................................................................................................... 8-63 Table 8-8: OID Irrigation and Recharge to Benefit City of Oakdale Summary (23 CCR §354.44(b))........................................................................................................................... 8-65 Table 8-9: MID Flood-MAR Projects Summary (23 CCR §354.44(b))................................... 8-67 Table 8-10: Projects Analyzed Using C2VSimTM Model...................................................... 8-69 Table 8-11: Scenario 1 Project Summary............................................................................. 8-70 Table 8-12: Scenario 2 Project Summary............................................................................. 8-71 Table 8-13: Scenarios 1-2 Groundwater Budgets................................................................ 8-73 Table 9-1: Modesto Subbasin GSAs and GSP Implementation Budgets................................ 9-4 Table 9-2: Financing Options for Proposed Projects, Management Actions, and Adaptive Management Strategies......................................................................................................... 9-7 #25..
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Revised July 2024

TODD GROUNDWATER
List of Figures
Chapter 1 figures are at the end of the chapter
Figure 1-1 Jurisdictional Boundaries of GSAs
Chapter 2 figures are at the end of the chapter
Figure 2-1 Adjacent Basins and Critically Overdrafted Basins Figure 2-2 Jurisdictional Boundaries
Figure 2-3 CDFW Lands, Protected Lands, and Federal Lands Figure 2-4 Existing Land Use (2017)
Figure 2-5 Prime Farmland FMMP Land Uses (2016)
Figure 2-6 1996 DWR Land Use Map
Figure 2-7 Number of Wells Drilled in Modesto Subbasin
Figure 2-8 Modesto Subbasin Wells
Figure 2-9 Surface Water and Conveyance
Figure 2-10 Public Water Supply Systems
Figure 2-11 Production Well Density
Figure 2-12 Public Supply Well Density
Figure 2-13 Municipal Supply Wells
Figure 2-14 Domestic Well Density
Figure 2-15 Reported Dry Wells in Stanislaus County, 2014 – 2017 Figure 2-16 Domestic Wells Constructed Before 2015
Figure 2-17 Domestic Wells Constructed Since 2015
Figure 2-18 CASGEM Monitoring Wells and Recently Monitored DWR Wells Chapter 3 figures are at the end of the chapter
Figure 3-1 Regional Geology
Figure 3-2 Annual Precipitation Water Year
Figure 3-3 Average Annual Precipitation
Figure 3-4 Ground Surface Elevations
Figure 3-5 Topographic Profiles
Figure 3-6 Soils and Surficial Restrictive Layers
Figure 3-7 Base of Fresh Water
Figure 3-8 C2VSim Model Layers
Figure 3-9 C2VSim Top of Corcoran Clay
Figure 3-10 C2VSim Base of Corcoran Clay
Figure 3-11 Cross Section Locations
Figure 3-12 Cross Section A-A'
Figure 3-13 Cross Section B-B'
Figure 3-14 Cross Section C-C'
Figure 3-15 Cross Section D-D'
Figure 3-16 Cross Section E-E'
Figure 3-17 Cross Section E-E’ Alternative Scale
Figure 3-18 Hydrogeologic Framework Cross Section A-A'
Figure 3-19 Wells with Water Level Data
#25..
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Revised July 2024

TODD GROUNDWATER
Figure 3-20 Representative Hydrograph Locations
Figure 3-21 Representative Hydrographs, Western Upper Principal Aquifer (1 of 2) Figure 3-22 Representative Hydrographs, Western Upper Principal Aquifer (2 of 2) Figure 3-23 Representative Hydrographs, Western Lower Principal Aquifer Figure 3-24 Representative Hydrographs, Eastern Principal Aquifer (1 of 2) Figure 3-25 Representative Hydrographs, Eastern Principal Aquifer (2 of 2) Figure 3-26 Groundwater Elevation Contours, Spring 1998 Unconfined Aquifer Figure 3-27a Groundwater Elevation Contours, October 2015 Unconfined Aquifer Figure 3-27b Simulated Groundwater Elevation Contours, September 2015 Unconfined Aquifer
Figure 3-28 Groundwater Elevation Contours, Spring 2017 Unconfined Aquifer Figure 3-29 Groundwater Elevations Spring 1998 Confined Aquifer Figure 3-30a Groundwater Elevations October 2015 Confined Aquifer Figure 3-30b Simulated Groundwater Elevation Contours, September 2015 Confined Aquifer
Figure 3-31 Groundwater Elevations Spring 2017 Confined Aquifer Figure 3-32 Wells Used for Vertical Flow Analysis
Figure 3-33 Vertical Flow Hydrographs, USGS Well Cluster Figure 3-34 Vertical Flow Hydrographs, MID and City of Modesto Wells Figure 3-35 Nitrate (as N) Average Concentration
Figure 3-36 Nitrate (as N) Maximum Concentration
Figure 3-37 TDS Average Concentration
Figure 3-38 TDS Maximum Concentration
Figure 3-39 Arsenic Average Concentration
Figure 3-40 Arsenic Maximum Concentration
Figure 3-41 Uranium Average Concentration
Figure 3-42 Uranium Maximum Concentration
Figure 3-43 Gross Alpha Average Concentration
Figure 3-44 Gross Alpha Maximum Concentration
Figure 3-45 Boron Average Concentration
Figure 3-46 Boron Maximum Concentration
Figure 3-47 DBCP Average Concentration
Figure 3-48 DBCP Maximum Concentration
Figure 3-49 TCP Average Concentration
Figure 3-50 TCP Maximum Concentration
Figure 3-51 PCE Average Concentration
Figure 3-52 PCE Maximum Concentration
Figure 3-53 Box Plots (1 of 2)
Figure 3-54 Box Plots (2 of 2)
Figure 3-55 Linear Temporal Trends (1 of 2)
Figure 3-56 Linear Temporal Trends (2 of 2)
Figure 3-57 Contamination Sites
Figure 3-58 Concepts of Land Subsidence
Figure 3-59 San Joaquin Valley Subsidence, 2008-2010
Figure 3-60 Vertical Displacement from InSAR Data, June 2015 - October 2020 #25..
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Figure 3-61 Interconnected Surface Water Conditions
Figure 3-62 Vegetation Commonly Associated with Groundwater and Wetlands Figure 3-63 Areas with Depth to Water within 30 feet in Spring 1998 Figure 3-64 Potential Vegetation and Wetland GDEs in Spring 1998, Based on Depth to Water
Figure 3-65 Areas with Depth to Water within 30 feet in Fall 2015 Figure 3-66 Potential Vegetation and Wetland GDEs in Fall 2015, Based on Depth to Water
Figure 3-67 Potential Vegetation and Wetland GDEs in Fall 2015 Chapter 4 figure is embedded in the text
Figure 4-1 Disadvantaged and Severely Disadvantaged Communities Chapter 5 figures are embedded in the text
Figure 5-1 Generalized Water Budget Diagram
Figure 5-2 50-Year Historical Precipitation and Cumulative Departure from Mean Precipitation, Modesto Subbasin, California
Figure 5-3 Water Budget Zones
Figure 5-4 Average Annual Historical Water Budget – Modesto Subbasin Figure 5-5 Historical Average Annual Water Budget – Stream Systems, Modesto Subbasin
Figure 5-6 Historical Average Annual Water Budget – Land Surface System, Modesto Subbasin
Figure 5-7 Historical Annual Water Budget – Agricultural Land Surface System, Modesto Subbasin
Figure 5-8 Historical Annual Water Budget – Urban Land Surface System, Modesto Subbasin
Figure 5-9 Groundwater Recharge and Extraction – Modesto Subbasin Figure 5-10 Net Recharge – Modesto Subbasin
Figure 5-11 Groundwater Recharge and Extraction – Modesto Zone Figure 5-12 Net Recharge – Modesto Zone
Figure 5-13 Groundwater Recharge and Extraction – Oakdale South Zone Figure 5-14 Net Recharge – Oakdale South Zone
Figure 5-15 Groundwater Recharge and Extraction – Non-District East Zone Figure 5-16 Net Recharge – Non-District East Zone
Figure 5-17 Groundwater Recharge and Extraction – Non-District West Area Figure 5-18 Net Recharge – Non-District West Area
Figure 5-19 Historical Average Annual Water Budget – Groundwater System, Modesto Subbasin
Figure 5-20 Historical Annual Water Budget – Groundwater System, Modesto Subbasin Figure 5-21 Current Conditions Annual Water Budget – Stream Systems, Modesto Subbasin
Figure 5-22 Current Conditions Average Annual Water Budget – Land Surface System, Modesto Subbasin
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Figure 5-23 Current Conditions Average Annual Water Budget – Groundwater System, Modesto Subbasin
Figure 5-24 Average Annual Projected Conditions Water Budget – Modesto Subbasin Figure 5-25 Projected Conditions Average Annual Water Budget – Stream Systems, Modesto Subbasin
Figure 5-26 Projected Conditions Average Annual Water Budget – Land Surface System, Modesto Subbasin
Figure 5-27 Projected Conditions Annual Water Budget – Agricultural Land Surface System, Modesto Subbasin
Figure 5-28 Projected Conditions Annual Water Budget – Urban Land Surface System, Modesto Subbasin
Figure 5-29 Projected Conditions Groundwater Recharge and Extraction – Modesto Subbasin
Figure 5-30 Projected Conditions Net Recharge – Modesto Subbasin Figure 5-31 Projected Conditions Groundwater Recharge and Extraction – Modesto Zone
Figure 5-32 Projected Conditions Net Recharge – Modesto Zone Figure 5-33 Projected Conditions Groundwater Recharge and Extraction – Oakdale South Zone
Figure 5-34 Projected Conditions Net Recharge – Oakdale South Zone Figure 5-35 Groundwater Recharge and Extraction – Non-District East Area Figure 5-36 Net Recharge – Non-District East Area
Figure 5-37 Groundwater Recharge and Extraction – Non-District West Zone Figure 5-38 Net Recharge – Non-District West Zone
Figure 5-39 Projected Conditions Average Annual Water Budget – Groundwater System, Modesto Subbasin
Figure 5-40 Projected Conditions Annual Water Budget – Groundwater System, Modesto Subbasin
Figure 5-41 Modesto GSP Climate Change Analysis Process Figure 5-42 Tuolumne River Hydrograph
Figure 5-43 Tuolumne River Exceedance Curve
Figure 5-44 Stanislaus River Hydrograph
Figure 5-45 Stanislaus River Exceedance Curve
Figure 5-46 Perturbed Precipitation Under Climate Change Figure 5-47 Perturbed Precipitation Exceedance Curve
Figure 5-48 Variation from Baseline of Perturbed Precipitation Figure 5-49 Monthly ET for Sample Crops
Figure 5-50 Simulated Changes in Evapotranspiration due to Climate Change Figure 5-51 Simulated Changes in Surface Water Supplies due to Climate Change Figure 5-52 Simulated Changes in Groundwater Production due to Climate Change Figure 5-53 Agricultural Land and Water Use Budget – C2VSimTM Climate Change Scenario
Figure 5-54 Urban Land and Water Use Budget – C2VSimTM Climate Change Scenario Figure 5-55 Groundwater Budget – C2VSimTM Climate Change Scenario Figure 5-56 Modesto Subbasin Sustainability Groups
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Figure 5-57 Sustainable Yield Average Annual Water Budget Groundwater System – Modesto Subbasin
Figure 5-58 Sustainable Yield Water Budget Groundwater System – Modesto Subbasin Figure 5-59 Sustainable Yield Water Budget Groundwater Recharge and Extraction – Modesto Subbasin
Figure 5-60 Sustainable Yield Water Budget Net Recharge – Modesto Subbasin Chapter 6 figures are at the end of the chapter
Figure 6-1 Sustainability Considerations for the Modesto Subbasin Figure 6-2 Management Areas, Modesto Subbasin
Figure 6-3 RMWs and Wells with Construction Information Figure 6-4 Wells Grouped with RMWs
Figure 6-5 Wells Impacted at Minimum Threshold
Figure 6-6 Wells Impacted at Interim Milestone
Figure 6-7 GAMA Wells with Construction
Chapter 7 figures are at the end of the chapter
Figure 7-1 Monitoring Network, Chronic Lowering of Groundwater Levels, Western Upper Principal Aquifer
Figure 7-2 Monitoring Network, Chronic Lowering of Groundwater Levels, Western Lower Principal Aquifer
Figure 7-3 Monitoring Network, Chronic Lowering of Groundwater Levels, Eastern Principal Aquifer
Figure 7-4 Water Quality Monitoring Sites, October 2019 to September 2020 Figure 7-5 Monitoring Network, Interconnected Surface Water Chapter 8 figures are embedded in the text
Figure 8-1 Scenario 1-2 Cumulative Change in Storage
Figure 8-2 Scenario 2 Groundwater Budget
Figure 8-3 Modesto Subbasin Representative Wells
Figure 8-4 SMC1 Example Hydrographs
Figure 8-5 SMC1 Hydrograph C2VSimTM 01
Figure 8-6 SMC1 Hydrograph C2VSimTM 07
Figure 8-7 SMC1 Hydrograph C2VSimTM 11
Figure 8-8 SMC1 Hydrograph C2VSimTM 19
Figure 8-9 SMC1 Hydrograph C2VSimTM 24
Figure 8-10 SMC1 Hydrograph C2VSimTM 34
Figure 8-11 SMC1 Hydrograph C2VSimTM 45
Figure 8-12 SMC1 Hydrograph C2VSimTM 48
Figure 8-13 SMC1 Hydrograph C2VSimTM 52
Figure 8-14 SMC1 Hydrograph C2VSimTM 54
Figure 8-15 SMC1 Hydrograph C2VSimTM 64
Figure 8-16 SMC1 Hydrograph C2VSimTM 65
Chapter 9 figure is embedded in the text
Figure 9-1 Implementation Estimated Schedule
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Appendices
Appendix A Notice of Intent to Prepare a GSP
Appendix B Adoption of GSP
Appendix C Resolution Adopting a Revised Groundwater Sustainability Plan and Documenting the Commitment to Develop and Implement a Well Mitigation Program and Demand Management Actions in the Modesto Groundwater Subbasin
Appendix D C2VSimTM, The Turlock-Modesto Integrated Water Resources Model, Modesto Subbasin Documentation
Appendix E Mapes Ranch, Stanislaus County, California: Review of Potential Groundwater Dependent Ecosystems
Appendix F Modesto Subbasin Communication and Engagement Plan Appendix G Hydrographs for Representative Monitoring Wells, Modesto Subbasin Monitoring Network
Appendix H Water Quality Monitoring Network
Acronyms
AF Acre-feet
AFY Acre-feet per year
AMI Advanced Metering Infrastructure Project
AWMP Agricultural Water Management Plan
bgs Below ground surface
BMP Best Management Practices
Brown Act Ralph M. Brown Act
BPA Basin Plan Amendment
C2VSim California Central Valley Groundwater-Surface Water Simulation Model C2VSim-TM C2VSim-Turlock/Modesto; revised regional C2VSim model for Turlock and Modesto subbasins
CALSIMETAW California Simulation of Evapotranspiration of Applied Water CARB California Air Resources Board
CASGEM California Statewide Groundwater Elevation Monitoring CEQA California Environmental Quality Act
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
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cfs Cubic feet per second
CGPF CalSim II Generated Perturbation Factors
CDFW California Department of Fish and Wildlife
CDPH California Department of Public Health
CESA California Endangered Species Act
CGPF CalSim II Generated Perturbation Factors
CGPS Continuously Operating Global Positioning System
COC Constituent of Concern
Committee STRGBA GSA representatives and/or alternates tasked with overseeing activities to achieve the objectives of SGMA as applicable within the Modesto Subbasin
CPD Comprehensive Planning District
CUF Consumptive Use Factor
CVRWQCB Regional Water Quality Control Board, Central Valley Region CV-SALTS Central Valley Salinity Alternatives for Long-Term Sustainability DAC Disadvantaged Community
DBCP Dibromochloropropane
DEM Digital Elevation Map
DMMs Demand Management Measures
DMS Data Management System
DNAPL Dense Non-Aqueous Phase Liquid
DO Dissolved Oxygen
DOGGR California Department of Oil, Gas and Geothermal Resources DTSC Department of Toxic Substances Control
DWR Department of Water Resources, State of California
EDA Economically Distressed Area
ESJ Eastern San Joaquin
ESJWQC East San Joaquin Water Quality Coalition
ETAW Evapotranspiration of Applied Water
ET Evapotranspiration
EWMP Efficient Water Management Practices
FloodMAR Flood Managed Aquifer Recharge
FMMP Farmland Mapping and Monitoring Program
ft/day Feet per day
GAMA Groundwater Ambient Monitoring and Assessment
GDE Groundwater dependent ecosystem
GPCD Gallons per capita per day
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gpd/ft Gallons per day per foot
gpm Gallons per minute
GPS Global Positioning System
GSA Groundwater Sustainability Agency
GRP Groundwater Replenishment Program
GSP Groundwater Sustainability Plan
GWMP Groundwater Management Plan
ILRP Irrigated Lands Regulatory Program
IM Interim Milestone
InSAR Interferometric Synthetic Aperture Radar
IWFM Integrated Water Flow Model
LAFCo Local Agency Formation Commissions
LID Low Impact Development
LUST Leaking Underground Storage
MA Management Area
MAF Million Acre Feet
MCL Maximum Contaminant Level
MG Million Gallon
mg/L milligrams per liter
mgd Million Gallons per Day
MHI Median Household Income
MID Modesto Irrigation District
MO Measurable Objective
MOU Memorandum of Understanding
MRWTP Modesto Regional Water Treatment Plant
msl Mean Sea Level
MT Minimum Threshold
NCCAG Natural Communities Commonly Associated with Groundwater NCP Nitrate Control Program
NDE Non-District East – areas in the eastern Subbasin outside of a water or irrigation district boundary
NED National Elevation Dataset
NEPA National Environmental Policy Act
NL Notification Level
NMFS National Marine Fisheries Service
NMP Nitrogen Management Plan
NPDES National Pollution Discharge Elimination System
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NWIS National Water Information System
OID Oakdale Irrigation District
OSWCR Online System of Well Completion Reports
PCE Tetrachloroethylene
pCi/L Picocuries per Liter
PEIR Programmatic Environmental Impact Report
PLSS Public Land Survey System
PMAs Projects and Management Actions
ppm parts per million
PRISM Parameter-elevation Relationships on Independent Slopes Model QA/QC Quality Assurance/Quality Control
RWQCB Regional Water Quality Control Board
RWS Rural Water System
SCADA Supervisory Control and Data Acquisition
SCHM Stanislaus County Hydrologic Model
SGMA Sustainable Groundwater Management Act
SHPO State Historic Preservation Office
SMC Sustainable Management Criteria
SMCL California Secondary Maximum Contaminant Level
SDAC Severely Disadvantaged Community
SSJID South San Joaquin Irrigation District
SSURGO Soil Survey Geographic Database
STRGBA GSA Stanislaus and Tuolumne Rivers Groundwater Basin Authority Groundwater Sustainability Agency
STRGBA Stanislaus and Tuolumne Rivers Groundwater Basin Association SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
T Transmissivity
TAC Technical Advisory Committee
TCP 1,2,3-Trichloropropane
TDS Total Dissolved Solids
TNC The Nature Conservancy
TRE TRE ALTAMIRA Inc.

TRRP Tuolumne River Regional Park
TRS Tuolumne River System
umhos/cm micromohs per centimeter
µg/L Micrograms per liter
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UR Undesirable Result
USACE United States Army Corps of Engineers
USBR United States Bureau of Reclamation
USDA United States Department of Agriculture
USGS United States Geological Survey
UWMP Urban Water Management Plan
VIC Variable Infiltration Capacity
VOC Volatile Organic Compound
WDR Waste Discharge Requirements
WQO Water Quality Objective
WRIMS Water Resource Integrated Modeling System
WTSGSA West Turlock Subbasin GSA
WY Water Year
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EXECUTIVE SUMMARY
The goal of this Modesto Subbasin Groundwater Sustainability Plan (GSP) is to provide a sustainable groundwater supply for the local community and for the economic vitality of the region through active management. This GSP has been prepared to achieve this goal, consistent with the Sustainable Groundwater Management Act (SGMA). Submitted to the Department of Water Resources (DWR) in January 2022, the first version of this GSP was reviewed by DWR in January 2024 and determined to be incomplete (DWR, 2024). Two deficiencies were identified by DWR. The first of these involves provision of sufficient information (namely, analysis of potential impacts on wells) to support the selection of sustainable management criteria for chronic lowering of groundwater levels. The second involves provision of sufficient details on the projects and management actions to mitigate overdraft in the Subbasin and provide a feasible path to achieve sustainability. Corrective actions, including a resolution approved by both GSAs to arrest groundwater level declines by 2027 and raise groundwater levels after 2027, are incorporated into this revised July 16, 2024, GSP for resubmittal to DWR. This GSP is a revised version and does not represent a GSP update, which is slated for 2027.

This GSP addresses the entire Modesto Subbasin (5-22.02), designated a high-priority basin by DWR.

The Modesto Subbasin (Figure ES-1) covers about 245,253 acres in the northern San Joaquin Valley Groundwater Basin and is bounded by the Stanislaus River on the north, the Tuolumne River on the south, the San Joaquin River on the west and the crystalline basement rocks of the Sierra Nevada Foothills on the east. The Modesto Subbasin relies on two primary sources of water supply – surface water from the Stanislaus and Tuolumne rivers and groundwater pumped from the Subbasin.

Figure ES-1 GSA Jurisdictional Boundaries
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This GSP has been prepared jointly by the Stanislaus and Tuolumne Rivers Groundwater Basin Association (STRGBA) Groundwater Sustainability Agency (STRGBA GSA) and the County of Tuolumne Groundwater Sustainability Agency (Tuolumne GSA). The Subbasin GSAs are shown on Figure ES-1.

The STRGBA GSA covers approximately 99.5 percent of the Modesto Subbasin, with the Tuolumne GSA covering approximately 1,000 acres that extend eastward into Tuolumne County. The Tuolumne GSA coordinated with the STRGBA GSA on the development of the Modesto Subbasin GSP through an agreement with Stanislaus County.

The STRGBA GSA is composed of seven member agencies that entered into a Memorandum of Understanding (MOU) to form a GSA and prepare a GSP. Member agencies of the STRGBA GSA include the City of Modesto, City of Oakdale, City of Riverbank, City of Waterford, Modesto Irrigation District (MID), Oakdale Irrigation District (OID), and Stanislaus County. Service areas of these agencies in the Modesto Subbasin are shown on Figure ES-2. Many GSA member agencies have service areas in adjacent subbasins providing coordination for GSPs across the northern San Joaquin Valley.

Figure ES-2 GSA Member Agency Jurisdictional Boundaries GSA member agencies also represent stakeholders in disadvantaged areas in the Subbasin including the City of Modesto, City of Oakdale, City of Waterford, Stanislaus, and Tuolumne counties (Figure ES-2). #25..
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Figure ES-3 Disadvantaged Communities in the Modesto Subbasin About 64 percent of the Modesto Subbasin is agricultural, with major crop types including almonds and other deciduous trees, corn, grains, pasture, vines, citrus and truck crops. Urban areas cover about 13 percent of the Subbasin. Remaining lands consist of non-agriculture, non-irrigated agriculture, undeveloped areas, and surface water (23 percent). Most of the undeveloped land is in the eastern portion of the Modesto Subbasin as shown by the 2017 land use map on Figure ES-4. #25..
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Figure ES-4 Existing Land Use
A significant expansion of irrigated agriculture occurred in the Subbasin during the GSP study period. In 1996, irrigated agriculture covered approximately 46 percent of the Subbasin (approximately 111,946 acres). Over the next 20 years, irrigated agriculture expanded by about 40 percent and by 2017 had added another 45,965 acres (total 157,911 acres, approximately 64 percent of the Subbasin). The increase in irrigated agriculture primarily resulted from a conversion of pasture to deciduous/almond orchards. Much of this expansion occurred in the eastern Subbasin – outside of Modesto ID and Oakdale ID service areas – where groundwater is the primary source of water supply.

Beneficial uses of groundwater in the Subbasin include municipal, small water system, and domestic drinking water, industrial and agricultural supply, and environmental uses. Environmental uses include interconnected surface water uses, aquatic habitat, and groundwater dependent ecosystems (GDEs).

Four separate Management Areas are delineated in the GSP to reflect areas of similar water supplies, streamlining coordination of water management and prioritizing areas for GSP project implementation.

These management areas include Modesto ID Management Area, Oakdale ID Management Area, NonDistrict East Management Area, and Non-District West Management Area as shown on Figure ES-5. #25..
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Figure ES-5 Modesto Subbasin Management Areas
The Non-District West Management Area contains lands along the western rim of the Subbasin, where both groundwater and surface water (riparian rights) are available for beneficial uses. The Non-District East Management Area includes lands outside of Modesto ID and Oakdale ID service areas in the eastern Subbasin, where groundwater is the primary water supply.

The Modesto ID and Oakdale ID Management Areas coincide with their service area boundaries, which facilitates ongoing water management responsibilities. Modesto ID manages Tuolumne River water and groundwater conjunctively, and Oakdale ID manages Stanislaus River water and groundwater conjunctively. The Non-District East and Non-District West Management Areas cover remaining lands outside of MID and OID jurisdiction, where Stanislaus County is the lead member agency.

The physical and water management setting of the Plan Area is contained in Chapter 2 and the hydrogeologic setting and groundwater conditions are provided in Chapter 3.

As summarized in the basin setting, the Modesto Subbasin extends from the Sierra Nevada foothills to the San Joaquin Valley floor, with ground surface elevations ranging from approximately 650 feet mean sea level (msl) in the eastern Subbasin to 20 feet msl along the San Joaquin River. The western Subbasin is relatively flat and the eastern Subbasin is hummocky, as the San Joaquin Valley floor transitions to the Sierra Nevada foothills. The eastern Subbasin boundary generally follows the contact of Subbasin sedimentary deposits with the crystalline basement rocks of the Sierra Nevada. This contact slopes steeply and the Modesto Subbasin is filled with sedimentary deposits that may extend thousands of feet below the surface. The base of fresh water, as mapped by USGS and incorporated into the C2VSimTM model used for this GSP, is used to define the bottom of the basin. #25..
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Three principal aquifers were defined in the Modesto Subbasin for future groundwater management under SGMA. The Corcoran Clay, underlying the western Subbasin, is the primary aquitard in the Subbasin and used to demarcate the three principal aquifers: the Western Upper Principal Aquifer is the unconfined aquifer above the Corcoran Clay, the Western Lower Principal Aquifer is the confined aquifer below the Corcoran Clay and the Eastern Principal Aquifer is the unconfined to semi-confined aquifer system east of the Corcoran Clay.

Cross sections were developed for the GSP based on geologic textures that illustrate the distribution of coarse- and fine-grained deposits within the Subbasin and the westerly dipping and thickening Corcoran Clay. Simplified cross sections were also developed to represent the geologic formations within the Subbasin. A conceptual cross section on Figure ES-6 is provided to illustrate subsurface conditions across the Subbasin including the principal aquifers, the Corcoran Clay, the westerly dipping formations, offsets caused by two interpreted geologic faults in the central and eastern Subbasin, and the base of fresh water which represents the bottom of the basin. The bottom of the basin is about -550 feet msl along the eastern Subbasin boundary, dips to about -1,000 feet msl in the center of the Subbasin and then rises to about -700 feet msl along the western Subbasin boundary.

Figure ES-6 Cross Section of Hydrogeologic Framework
The cross section also depicts the shallow groundwater elevation across the Subbasin in Fall 2015 (blue line near top of section). As indicated on Figure ES-6, the water table is shallow in the western Subbasin and deepens to the east with the rising ground surface elevation. A small area of lowered water levels is indicated in the eastern Subbasin, reflecting an area with ongoing water level declines, although data in that area are sparse.

Feet, msl
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An analysis of groundwater conditions was conducted based on water levels measurements from approximately 450 wells during the study period. Most of the available water level measurements were from wells screened in the Western Upper Principal Aquifer and the Eastern Principal Aquifer; there are only a few wells screened solely in the Western Lower Principal Aquifer. Water level data were used to calibrate the C2VSimTM model, which was used to assist with groundwater flow analyses.

As indicated by the simulated contours in Figure ES-7, groundwater in the Subbasin flows generally to the southwest, with local water levels controlled by groundwater pumping. Water levels in the Western Upper Principal Aquifer were relatively low in the early 1990s and rose after 1995 when the City of Modesto began receiving water from the Modesto Regional Water Treatment Plant and began pumping less groundwater. Since then, water levels appear to be relatively stable, with small declines during drought (about 10 to 20 feet) followed by recovery in post-drought years. Water levels in the Eastern Principal Aquifer have declined since about 2000, with significant declines during the recent drought. In the eastern Subbasin, long-term rates of decline are up to about 2.7 feet per year, and rates of decline during drought are up to 6 feet per year. A generalized area is delineated in the eastern Subbasin on Figure ES-7 where water level declines have occurred (dashed blue line).

Figure ES-7 Simulated Groundwater Elevation Contours, September 2015, Unconfined Aquifer The Tuolumne, Stanislaus and San Joaquin rivers flow for approximately 122 miles along three of the four Subbasin boundaries and are each interconnected surface water as defined by SGMA. The interconnectedness of the rivers was analyzed using the integrated surface water-groundwater model C2VSimTM, developed for the GSP. Model results show that the San Joaquin River along the Modesto Subbasin has been, and is projected to be, a net gaining reach. The Stanislaus and Tuolumne river systems are more dynamic, with recharge and baseflow varying along segments of the rivers both #25..
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seasonally and over time. Total stream inflows into the Subbasin during the historical study period are approximately 2.5 million acre feet (MAF), more than one-half of which is from the San Joaquin River (1.3 MAF). The remaining inflows are from the Stanislaus River (0.5 MAF) and Tuolumne River (0.7 MAF).

The Stanislaus and Tuolumne rivers drain into the San Joaquin River, which has an outflow from the Subbasin of approximately 2.8 MAF during the historical study period.

C2VSimTM was used for the 2022 GSP to develop water budgets for the historical (1991 to 2015), current (2010) and projected conditions, which represents average hydrology and current land use over a 50-year future period. Inflows and outflows from the water budget analysis for these three conditions are summarized in Table ES-1 for the groundwater system.

Table ES-1 Average Annual Water Budget – Groundwater System, Modesto Subbasin (AFY) Component Historical Condition
Water Budget
Current Condition
Water Budget
Projected Condition
Water Budget
Hydrologic Period WY 1991- 2015 WY 2010 Hydrology from
WY 1969 - 2018
Gain from Stream 40,000 51,000 76,000
Gain from Stanislaus River 19,000 20,000 36,000
Gain from Tuolumne River 20,000 30,000 38,000
Gain from San Joaquin River 1,000 - 2,000
Canal & Reservoir Recharge 49,000 47,000 47,000
Deep Percolation 272,000 257,000 228,000
Subsurface Inflow 80,000 79,000 77,000
Flow from the Sierra Nevada
Foothills 9,000 5,000 9,000
Eastern San Joaquin Subbasin Inflows 8,000 9,000 28,000 Turlock Subbasin Inflows 30,000 34,000 33,000
Delta Mendota Subbasin Inflows 33,000 31,000 7,000
Total Inflow 440,000 434,000 428,000
Discharge to Stream 100,000 80,000 50,000
Discharge to Stanislaus River 35,000 27,000 12,000
Discharge to Tuolumne River 51,000 39,000 27,000
Discharge to San Joaquin River 15,000 13,000 11,000
Subsurface Outflow 73,000 63,000 75,000
Eastern San Joaquin Subbasin
Outflows 6,000 5,000 35,000
Turlock Subbasin Outflows 32,000 24,000 34,000
Delta Mendota Subbasin Outflows 36,000 35,000 6,000
Groundwater Production 311,000 416,000 314,000
Agency Ag. Groundwater Production 26,000 15,000 25,000
Private Ag. Groundwater Production 222,000 345,000 229,000 Urban Groundwater Production 63,000 56,000 60,000
Total Outflow 483,000 559,000 438,000
Change in Groundwater Storage (43,000) (125,000) (11,000) Note: sub-categories may not sum together due to rounding error #25..
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As shown on Table ES-1, the Modesto Subbasin experienced a decline of groundwater in storage of 43,000 AFY during historical conditions, based on an inflow of 440,000 AFY and an outflow of 483,000 AFY. The historical water budget estimates groundwater production of 311,000 AFY; by subtracting the groundwater deficit from the groundwater production, a simplified sustainable yield of 268,000 AFY can be estimated for the historical study period. The average annual depletion in groundwater for the current and projected conditions are 125,000 AFY and 11,000 AFY, respectively. The values in Table ES-1 are averages. The 2024 revised GSP provides additional details on the significant range of annual values for projected and climate change scenarios; these highlight the effect of variable hydrologic conditions.

The average decline of groundwater in storage of 11,000 AFY during projected conditions is significantly less than historical storage depletion of 43,000 AFY. However, this decline occurs at the expense of increased seepage of 86,000 AFY from primarily the Stanislaus and Tuolumne rivers in response to water level declines. This future increase in streamflow depletion as predicted by the model is considered significant and unreasonable.

Based on the basin setting and water budget analysis, the GSP developed sustainable management criteria to avoid undesirable results for the five sustainability indicators applicable to the Subbasin:
chronic lowering of water levels, reduction of groundwater in storage, degraded water quality, inelastic land subsidence, and depletion of interconnected surface water. The seawater intrusion sustainability indicator is not applicable to the inland Modesto Subbasin. Subbasin conditions that were the primary considerations for sustainability were incorporated into the analysis. Those sustainability considerations are illustrated on Figure ES-8. DWR icons for each sustainability indicator are placed on the map to highlight the area and reference the discussion below.

Figure ES-8 Sustainability Considerations for the Modesto Subbasin #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA ES-10
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TODD GROUNDWATER
As indicated on Figure ES-8, the Modesto Subbasin has experienced chronic lowering of water levels and reduction of groundwater in storage primarily within and around the Non-District East Management Area in the eastern Subbasin. The declining water levels in this area have propagated westward during drought conditions (2013-2017), lowering water levels in eastern Oakdale ID and in the vicinity of Waterford and causing impacts to domestic and public drinking water wells. For the revised 2024 GSP, an analysis was conducted of the potential impacts on water supply wells of additional groundwater level declines. This analysis, describing the numbers and general locations of water supply wells at risk of going dry, provides quantification supporting the development of the sustainable management criteria for chronic lowering of groundwater levels (see Chapter 6). In response to this issue, the revised 2024 GSP presents a Dry Well Mitigation Program as a Management Action (Chapter 8).

A number of water quality constituents have been detected in excess of their maximum contaminant levels (MCLs) for drinking water, especially in the western Subbasin where most of the public drinking water wells occur. Although the City of Modesto and other public water suppliers manage their wellfield operations to control impacts to drinking water, the potential for degraded water quality in the future is also a consideration. No impacts from land subsidence have been observed in the Subbasin, but areas within the Corcoran Clay extent may be most susceptible to the potential for future land subsidence if water levels decline. Finally, the interconnected surface water sustainability indicator is a concern along the river boundaries, especially along the Tuolumne and Stanislaus rivers, where future increases in streamflow depletion are predicted unless water level declines and overdraft conditions are arrested.

To address these concerns, definitions of undesirable results, minimum thresholds, and other sustainable management criteria have been developed. A summary of the sustainable management criteria is provided in Table ES-2 below.

Table ES-2 Sustainable Management Criteria
These sustainable management criteria were tested with the C2VSimTM model to assist with evaluations of sustainability. This analysis, referred to as a sustainable conditions analysis, was conducted to determine how best to achieve the sustainability criteria and avoid undesirable results.

The analysis modified the future projected conditions by reducing agricultural demand for groundwater users in the Non-District East Management Area (where groundwater is the primary water supply). This #25..
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allows the GSAs to optimize projects and management actions with respect to locations and quantities for future sustainable management.

Results from the sustainable conditions analysis are summarized in Table ES-3 and show that a 58 percent reduction in demand from the projected baseline levels would achieve a sustainable yield of approximately 266,000 for the Subbasin to avoid undesirable results. Because future projected groundwater production in the Subbasin is estimated at 314,000 AFY, an increase in supply or reduction in demand that adds approximately 47,000 AFY would be required to bring the Subbasin into sustainability. Modeling suggests that the sustainable management criteria can be met under these conditions. Projects and Management Actions to achieve sustainable conditions are summarized below and presented in Chapter 8.

Table ES-3 Sustainable Yield Average Annual Water Budget, Modesto Subbasin (AFY) Component Projected Conditions Sustainable
Conditions
Hydrologic Period Hydrology from
WY 1969 - 2018
Hydrology from
WY 1969 - 2018
Gain from Stream 76,000 58,000
Gain from Stanislaus River 36,000 27,000
Gain from Tuolumne River 38,000 29,000
Gain from San Joaquin River 2,000 1,000
Canal & Reservoir Recharge 47,000 47,000
Deep Percolation 228,000 213,000
Subsurface Inflow 77,000 83,000
Flow from the Sierra Nevada Foothills 9,000 9,000
Eastern San Joaquin Subbasin Inflows 28,000 9,000
Turlock Subbasin Inflows 33,000 29,000
Delta Mendota Subbasin Inflows 7,000 37,000
Total Inflow 428,000 401,000
Discharge to Stream 50,000 71,000
Discharge to Stanislaus River 12,000 18,000
Discharge to Tuolumne River 27,000 40,000
Discharge to San Joaquin River 11,000 14,000
Subsurface Outflow 75,000 63,000
Eastern San Joaquin Subbasin Outflows 35,000 4,000
Turlock Subbasin Outflows 34,000 30,000
Delta Mendota Subbasin Outflows 6,000 30,000
Groundwater Production 314,000 267,000
Agency Ag. Groundwater Production 25,000 25,000
Private Ag. Groundwater Production 229,000 181,000
Urban Groundwater Production 60,000 60,000
Total Outflow 438,000 401,000
Change in Groundwater Storage (11,000) -
Note: sub-categories may not sum together due to rounding error #25..
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STRGBA GSA/Tuolumne GSA ES-12
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Groundwater level monitoring networks were developed to track and document the achievement of sustainable management criteria for the chronic lowering of groundwater levels, reduction of groundwater in storage, land subsidence, and depletions of interconnected surface water. The monitoring networks are composed of representative monitoring wells that will be used to monitor sustainable management criteria for these sustainability indicators during the GSP implementation and planning horizon. Groundwater elevations were selected for a minimum threshold and measurable objective for each well in the monitoring network. The monitoring networks consist of CASGEM wells, City of Modesto monitoring wells, USGS monitoring wells and monitoring wells constructed in 2021 with Proposition 68 grant funding from DWR. The monitoring network for degradation of water quality will be based on wells monitored by others and available at the State Water Resources Control Board (SWRCB) GeoTracker website.

The water level monitoring network is shown on Figure ES-9. (The water quality monitoring network being implemented by others is shown on Figure 7-4).

Figure ES-9 Summary of Monitoring Network
To achieve the sustainability goals for the Modesto Subbasin by 2042, and to avoid undesirable results over the remainder of a 50-year planning horizon, multiple Projects and Management Actions were identified in the initial 2022 GSP. For the revised 2024 GSP, management actions and projects are described with significant additional details to show the feasible pathway to mitigate overdraft in the Subbasin and achieve sustainability.

Management Actions are presented first. The STRGBA GSA and the Tuolumne County GSA adopted resolutions on July 10, 2024, and June 18, 2024, to develop and implement management actions in #25..
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order to arrest groundwater level declines by 2027 and raise groundwater levels after 2027, and to manage the Subbasin in a sustainable manner. The GSAs committed to developing management actions no later than January 31, 2026, and implementing these management actions no later than January 31, 2027. However, the GSAs may decide that one or more management actions will be rolled out in 2026 to ensure that groundwater level inflection is achieved in 2027. Management Actions (MAs) refer to nonstructural programs or policies designed to incentivize or enforce reductions in groundwater pumping, optimize management of the Subbasin, or implement GSA management authorities. Table ES-4 shows a list of the seven MAs, including six initially presented in the 2022 GSP plus the Dry Well Mitigation Program.

Table ES-4 List of Management Actions
Category Number Proponent Management Action Primary
Mechanism(s) Partner(s)
Pumping
Management
Framework
1 Modesto
Subbasin
GSAs
Groundwater
Allocation and
Pumping Management
Program
Pumping
Reduction N/A
2 Modesto
Subbasin
GSAs
Groundwater
Extraction and Surface
Water Reporting
Program
Pumping
Reduction N/A
3 Modesto
Subbasin
GSAs
Groundwater
Extraction Fee
Pumping
Reduction N/A
4 Modesto
Subbasin
GSAs
Groundwater Pumping
Credit Market and
Trading Program
Pumping
Reduction N/A
Demand Reduction
Strategies
5 Modesto
Subbasin
GSAs
Voluntary
Conservation and/or
Land Fallowing
Conservation/
Land Fallowing N/A
6 Modesto
Subbasin
GSAs
Conservation Practices Conservation N/A
Dry Well Mitigation 7
Modesto
Subbasin
GSAs
Dry Well Mitigation
Program (multiple) N/A
For the revised 2024 GSP, Projects (referring to physically constructed or structural features) are presented after Management Actions. Three groups of projects were identified: Group 1 projects are in place and will continue to be implemented, Group 2 projects are still in the planning stages but are generally implementable, and Group 3 projects are being considered and are subject to feasibility. A summary of projects is provided in Table ES-5.
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA ES-14
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Table ES-5 GSP Projects for the Modesto Subbasin
Number Proponent(s) Project Name Primary
Mechanism(s)1 Partner(s) Group
Included
in
Modeling
Scenario
Urban Projects
1 City of
Modesto
Growth Realization of Surface
Water Treatment Plant Phase
II
In-Lieu
Groundwater
Recharge
N/A 1 Baseline
2 City of
Modesto
Advanced Metering
Infrastructure Project (AMI) Conservation N/A 1 ×
3 City of
Modesto
Storm Drain Cross Connection
Removal Project
Stormwater
Capture N/A 2 ×
4 City of
Waterford
Project 3: Waterford/Hickman
Surface Water Pump Station
and Storage Tank
In-Lieu
Groundwater
Recharge
City of
Modesto,
MID
2 ×
In-Lieu & Direct Recharge Projects
5 Non-District
East Areas
Modesto Irrigation District Inlieu and Direct Recharge Project
Direct and InLieu
Groundwater
Recharge
Modesto
ID 2 ×
6 NDE Areas
Oakdale Irrigation District Inlieu and Direct Recharge Project
Direct and InLieu
Groundwater
Recharge
OID 2 ×
Flood Mitigation Projects
7 NDE Areas
Tuolumne River Flood
Mitigation and Direct
Recharge Project
Direct
Groundwater
Recharge
Modesto
ID 2 ×
8 NDE Areas Dry Creek Flood Mitigation
and Direct Recharge Project
Direct
Groundwater
Recharge
Stanislaus
County 2 ×
Supplemental Projects
9 NDE Areas
Stanislaus River Flood
Mitigation and Direct
Recharge Project
Direct
Groundwater
Recharge
Stanislaus
County 3
10 City of
Modesto
Retention System Standards
Specifications Update
Groundwater
Recharge N/A 3
11 NDE Areas Recharge Ponds Groundwater
Recharge N/A 3
12 City of
Oakdale
OID Irrigation and Recharge
to Benefit City of Oakdale
Direct or In-Lieu
Groundwater
Recharge
N/A 3
13 MID MID Flood-MAR Projects
Direct
Groundwater
Recharge
N/A 3
Group 1 and 2 projects were analyzed using the C2VSimTM model under the 50-year projected conditions. C2VSimTM modeling results of Group 1 and Group 2 Projects indicate that Projects developed for near-term implementation are expected to be sufficient in the Subbasin for reaching its #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA ES-15
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sustainability goal. However, the GSAs understand that assumptions used in modeling may differ from actual conditions. As a result, the GSAs have begun developing Management Actions that will be implemented to arrest groundwater level declines by 2027 and raise groundwater levels after 2027.

GSP implementation began immediately after the GSP was submitted in January 2022. Annual reports have been and will continue to be submitted by April 1 of each year. Every five years, GSPs will be evaluated with respect to their progress in meeting sustainability goals. Additional implementation activities are described in Chapter 9.
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 1-1
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1. ADMINISTRATIVE INFORMATION

1.1. AGENCY INFORMATION
This Groundwater Sustainability Plan (GSP) covers the Modesto Subbasin (5-22.02) located in the northern San Joaquin Valley Groundwater Basin. The GSP is being prepared jointly by the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA) and the County of Tuolumne Groundwater Sustainability Agency (Tuolumne GSA). Collectively, these two GSAs have been deemed exclusive GSAs and cover the entire Subbasin. The Modesto Subbasin boundaries and service areas of the STRGBA GSA and Tuolumne GSA are shown on Figure 1-1.

Service area boundaries for the two GSAs are aligned with Subbasin boundaries and are defined on the north and south by the Stanislaus River and the Tuolumne River, respectively. The STRGBA GSA is bounded on the west by the San Joaquin River. The eastern STRGBA GSA boundary is defined by the boundary between Stanislaus County and Tuolumne County, and also represents the western boundary of the Tuolumne GSA. The STRGBA GSA covers approximately 99.5 percent of the Modesto Subbasin. The Tuolumne GSA is composed of five areas covering approximately 1,000 acres (approximately 0.5 percent) of the Modesto Subbasin that extend into Tuolumne County (Figure 1-1).

The Modesto Subbasin has been designated as a High-Priority basin by the Department of Water Resources (DWR) with implications under the Sustainable Groundwater Management Act (SGMA). In compliance with SGMA deadlines, the Modesto Subbasin GSP is being completed, adopted, and submitted to DWR by January 31, 2022.

1.1.1. Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA)
In April 1994, six agencies in the Modesto Groundwater Subbasin executed a Memorandum of Understanding (MOU) to establish the Stanislaus and Tuolumne Rivers Groundwater Basin Association (STRGBA). In 2015, the MOU was revised to include the City of Waterford.

STRGBA has historically been the primary entity responsible for coordinating, planning, and management of the shared groundwater resources in the Modesto Subbasin.

The STRGBA agencies entered into an MOU to form the STRGBA groundwater sustainability agency (GSA) and filed a Notice of Intent with DWR on February 16, 2017. Currently, STRGBA GSA is located at 1231 11th Street, Modesto, CA 95354, in the offices of Modesto Irrigation District; the GSA maintains an informational website at www.strgba.org. #25..
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The STRGBA GSA includes seven local agencies with service areas in the Subbasin:
• City of Modesto
• City of Oakdale
• City of Riverbank
• City of Waterford
• Modesto Irrigation District (MID)
• Oakdale Irrigation District (OID)
• Stanislaus County
Some STRGBA GSA members also serve areas outside of the Subbasin. Oakdale Irrigation District overlies portions of the Eastern San Joaquin Subbasin and participates in that subbasin GSP as the Oakdale Irrigation District Eastern San Joaquin Subbasin GSA. The City of Modesto provides water to communities within the Turlock Subbasin and participates as a member agency of the West Turlock Subbasin GSA (WTSGSA). The City of Waterford also has service areas in both the Modesto and Turlock subbasins and is an Associate Member of the WTSGSA. Stanislaus County spans portions of three subbasins in addition to the Modesto Subbasin including the Eastern San Joaquin Subbasin, the Turlock Subbasin, and the Delta-Mendota Subbasin; as such, the County is a member of multiple GSAs and participates in multiple GSPs. These cross-basin relationships provide a cooperative and coordinated approach to GSP development in the northern San Joaquin Valley.

Representatives of the STRGBA GSA member agencies have formed a Technical Advisory Committee (TAC) to assist the GSAs in preparation of the GSP. All TAC meetings are public meetings held in accordance with the Ralph M. Brown Act (California Government Code sections 54950 et seq.).

1.1.2. County of Tuolumne Groundwater Sustainability Agency The Tuolumne GSA was formed on May 16, 2017, by adoption of County of Tuolumne Resolution No. 63-17 for the approximately 1,000-acre portion of the Modesto Subbasin that is within Tuolumne County. The Tuolumne GSA is cooperating with the STRGBA GSA on the development of one GSP for the entire Modesto Subbasin through a cooperation agreement with Stanislaus County (Appendix A). The Tuolumne GSA address is at the County of Tuolumne County Administrator’s Office on 2 South Green Street, Sonora, CA 95370 (Appendix A).

1.2. ORGANIZATION AND MANAGEMENT STRUCTURE FOR PLAN DEVELOPMENT On March 14, 2018, the STRGBA GSA notified DWR of their intent to prepare a GSP for the Modesto Subbasin (Appendix A). As noted above, the GSP is being developed by the STRGBA GSA and the Tuolumne GSA (through a Stanislaus County agreement). A TAC planning group was formed to provide oversight and direction to the technical consulting team assisting with plan preparation. Periodic public TAC meetings, typically held the second #25..
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TODD GROUNDWATER
Tuesday of each month, allowed ongoing coordination with the TAC, local stakeholders, and the public.

TAC meetings also provided an opportunity to coordinate with SGMA activities in adjacent subbasins. Two of the adjacent subbasins, Delta-Mendota Subbasin and Eastern San Joaquin Subbasin, are designated as Critically-Overdrafted Basins and, as such, were required to submit GSPs to DWR in 2020. Accordingly, those two subbasins are progressing with GSP implementation. The Turlock Subbasin to the south is designated a High-Priority Basin, the same designation as the Modesto Subbasin and is on a similar schedule for plan development. The two subbasins coordinated the GSP technical approach and shared in the development of one integrated water resources model that covers both subbasins.

The City of Modesto, a STRGBA GSA member agency, has taken the lead on securing grant funding to cover a portion of the GSP preparation costs and is the administrator for a DWR grant under the Sustainable Groundwater Management (SGM) Planning Grant Program funded by Proposition 1. The Grant Agreement was executed on August 14, 2018. That grant was supplemented with a second SGM Planning Grant for the installation of monitoring wells in the Subbasin. That grant was funded by Proposition 68; the SGM grant agreement was amended to include the Proposition 68 grant on May 12, 2020.

Although GSP development occurred through a joint GSA effort, a Plan Manager has been authorized as the point of contact between the GSAs and DWR as required by SGMA. The Plan Manager is the authorized representative appointed through a coordination agreement or other agreement, who has been delegated authority for submitting the Plan to DWR.

Contact information for the Plan Manager is provided in the transmittal letter and repeated below:

Eric C. Thorburn, P.E.

Water Operations Manager/District Engineer
Oakdale Irrigation District
1205 East F Street, Oakdale, CA 95361
(209) 840-5525
[email protected]
Following a public hearing, the STRGBA GSA adopted the GSP on January 31, 2022; the Resolution of Adoption is included in Appendix B. Prior to that date, member agencies also adopted the GSP separately in support of the process; see documentation in Appendix B.

The revised GSP was adopted by the Tuolumne County GSA on June 18, 2024, and by the STRGBA GSA on July 10, 2024, following public hearings. The Resolution of Adoption for the revised GSP by the GSAs and each member agency are included in Appendix C.

1.3. IMPLEMENTATION OF THE GSP
The implementation of the GSP will be shared by the STRGBA GSA and the Tuolumne GSA, continuing their ongoing coordination developed during GSP preparation. The STRGBA GSA #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 1-4
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TAC will continue to serve as the advisory group for the GSA. Stakeholder outreach and communication of these activities will continue throughout the GSP implementation period.

The GSAs will oversee the development and implementation of GSP projects and management actions described in Chapter 8. The implementation plan for these projects and management actions, including schedule and funding sources, is described in Chapter 9.

1.3.1. GSP Implementation Costs
The operation of the Modesto Subbasin GSAs and GSP implementation will incur costs, which will require funding. There are five primary activities that will incur costs:
implementing the GSP, implementing GSP-related projects and management actions, operation and administration of the GSAs, developing annual reports, and developing fiveyear evaluation reports. The total estimated annual budget for GSA operation and GSP implementation is anticipated to be between $250,000 and $350,000. Given the projects being proposed are anticipated to be funded by grants and/or the project proponent(s), this total estimated annual GSA budget figure excludes project related costs. However, it does provide flexibility for funding grant application preparation expenses for, or direct GSA funding of, more immediate development of management actions such that implementation of those actions could more readily occur if and when the need arose (i.e., fewer than anticipated projects were implemented, actual groundwater level decline exceeds projections, etc.). The total estimated cost of the proposed projects is approximately between $237,610,600 and $268,440,000. Costs for several additional projects and the management actions will be developed in the future contingent upon the need for implementation. The details of these estimated GSP implementation costs are provided in Table 9-1.

1.3.2. Financial Plan for Implementing the GSP
Costs associated with GSP implementation and operation of the GSAs could include GSA administration and legal support, stakeholder/Board engagement, outreach, GSP implementation program management, and monitoring. Operation of the GSAs is fully funded through contributions from GSA member agencies. Although ongoing operation of the GSAs is anticipated to include contributions from its member agencies, which are ultimately funded through customer fees or other public funds, additional funding may be required to implement the GSP. Funding through grants or loans has varying levels of certainty and as such, the GSAs may develop a financing plan that could include one or more of the following financing approaches: pumping fees, assessments based on irrigated acreage, or a combination of fees and assessments.

The STRGBA GSA member agencies intend to pursue grants and loans to help pay for project costs to the extent possible. If grants or loans are secured for project implementation, potential pumping fees and assessments may be adjusted to align with operating costs of the GSAs and ongoing GSP implementation activities. A potential hurdle to the utilization of state grant funding is that delays in payment by the State can cause hardships for #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 1-5
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disadvantaged communities. Therefore, it would be appropriate to expedite payments associated with grant funding by DWR.

Financing options for the projects and management actions are summarized on Table 9-2 and may include grants, loans, funding from one or multiple GSA member agencies, GSA operating funds and/or funding from NDE landowners.
#25..
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Legend
Stanislaus and
Tuolumne Rivers
Groundwater Basin
Association GSA
Tuolumne GSA
Modesto Subbasin
County Boundary
(
"N
0 4
Scale in Miles
Stanislaus Co.

Merced Co.

San Joaqu in River
January 2020 Figure 1-1
Jurisdictional
Boundaries
of GSAs
Modesto
Reservoir
Tuolumne Co.

S
a
n
J
o
a
q
u
ni C
o.

Tuolumne River
Stanislaus Rive r
#25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 2-1
Revised July 2024

TODD GROUNDWATER

2. PLAN AREA
The Modesto Subbasin covers 245,253 acres (about 383 square miles) of the larger San Joaquin Valley Groundwater Basin, as defined by DWR (5-22.02) in the 2019 basin prioritization. The San Joaquin Valley Groundwater Basin is defined on the west by the Coast Ranges, on the south by the San Emigdio and Tehachapi mountains, on the east by the Sierra Nevada, and on the north by the Sacramento-San Joaquin Delta and Sacramento Valley. The Modesto Subbasin is in the northern portion of the San Joaquin Valley and is bounded on the north by the Stanislaus River, on the south by the Tuolumne River, and on the west by the San Joaquin River (Figure 2-1). The eastern basin boundary is defined by crystalline basement rocks of the Sierra Nevada Foothills (DWR, 2006).

The Modesto Subbasin is hydraulically connected with surrounding subbasins along shared river boundaries (Figure 2-1). Adjacent subbasins include the Turlock Subbasin south of the Tuolumne River, the Delta-Mendota Subbasin west of the San Joaquin River, and the Eastern San Joaquin Subbasin north of the Stanislaus River. Of these subbasins, Delta-Mendota and Eastern San Joaquin are listed by DWR as being in critical overdraft. As such, these subbasins are required to prepare GSPs on an expedited schedule and to submit complete GSPs to DWR by January 31, 2020. Although the Modesto Subbasin GSP has a submittal date of January 31, 2022 – two years after the critically-overdrafted basins deadline – the Modesto Subbasin is coordinating with its neighbors through meetings and shared analyses.

2.1. AGENCIES AND JURISDICTIONAL BOUNDARIES
The Modesto Subbasin contains irrigation districts, municipalities, and portions of two counties. The jurisdictional boundaries of these agencies are shown on Figure 2-2. Note that these agencies are member agencies of one (or more) GSAs.

Two irrigation districts, Modesto Irrigation District (MID) and Oakdale Irrigation District (OID), provide surface water supply to the Modesto Subbasin, primarily for agricultural irrigation. MID also delivers surface water from the Tuolumne River to the Modesto Regional Water Treatment Plant for treatment and delivery to the City of Modesto. MID covers most of the western half of the Subbasin with its service areas bounded by the Stanislaus River to the north, the San Joaquin River to the west and the Tuolumne River to the south. The OID service area covers a portion of the central and eastern Subbasin (Figure 2-2). Approximately 60 percent of the OID service area is in the Modesto Subbasin with 40 percent in the Eastern San Joaquin Subbasin to the north (Bookman-Edmonston, 2005).

The Modesto Subbasin contains four municipalities and additional urban communities.

Three municipalities are entirely within the boundaries of the Subbasin and include Oakdale, Riverbank, and Waterford. Most of the City of Modesto lies within the Modesto Subbasin, but the southern portion extends into the Turlock Subbasin. Waterford and Modesto are within the irrigation service area boundary of MID; Oakdale is within the service area boundary of OID. Riverbank straddles both irrigation districts. Additional urban communities include Del Rio, Salida, Empire and West Modesto (Figure 2-2). As described in #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 2-2
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Chapter 4, and shown on Figure 4-1, there are six disadvantaged and severely disadvantaged communities in the Modesto Subbasin: Airport, Empire, Oakdale, Rouse, Waterford and West Modesto.

Portions of the Subbasin not located within an irrigation district are within the jurisdiction of Stanislaus County. As shown on Figure 2-2, these Stanislaus County areas occur mostly in the eastern Subbasin and along the Stanislaus, Tuolumne and San Joaquin rivers. These Stanislaus County areas represent approximately 22 percent of the Subbasin.

Approximately 1,000 acres of the Subbasin extends into Tuolumne County and is covered by the Tuolumne Groundwater Sustainability Agency (Tuolumne GSA). The Tuolumne GSA is cooperating in the Modesto Groundwater Subbasin GSP through a cooperation agreement with Stanislaus County; the County also represents the Tuolumne GSA during STRGBA GSA and TAC meetings.

Additional jurisdictional boundaries, including Federal or State land and/or other agencies with water management responsibilities were identified using the DWR Water Management Planning Tool (2018). As shown on Figure 2-3, the Subbasin contains California Department of Fish & Wildlife (CDFW) lands and easements, Federal Lands, and California Conservation Easements, as listed below:
• CDFW owned and operated lands and conservation easement: the Tuolumne River Restoration Center, adjacent to the Tuolumne River in the eastern Subbasin.
• Federal Land (data from the Bureau of Land Management) along the Tuolumne River, the San Joaquin River National Wildlife Refuge, and the Riverbank Army Ammunition Plant.
• California Conservation Easements, including San Joaquin River National Wildlife Refuge, Wetlands Reserve Program, Menghetti Farm, Ulm Farms Inc, and the Emergency Watershed Protection Program Floodplain Easement.

No other state or federal agencies with jurisdictional lands in the Subbasin are documented in the DWR Water Management Planning Tool. In addition, no tribal lands are documented in the DWR Water Management Planning Tool or are known to exist in the Modesto Subbasin.

2.2. EXISTING LAND USE
Figure 2-4 illustrates land use in the Modesto Subbasin based on a 2017 Stanislaus County land use map. As shown by the map, the Modesto Subbasin is largely agricultural, with the major crop types including almonds and other deciduous trees, corn, grains, pasture, vines, citrus, and truck crops. In 2017, approximately 64 percent of the Subbasin is defined as irrigated agriculture, covering about 157,911 acres. About 13 percent of the basin is classified as urban (approximately 30,564 acres), which includes the cities of Modesto, #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 2-3
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Oakdale, Riverbank and Waterford. The remaining 23 percent of the Subbasin (about 56,777 acres) consists of non-agriculture, non-irrigated agriculture (e.g., rangeland), undeveloped land, and surface water. Most of the undeveloped land is in the eastern portion of Modesto Subbasin (Figure 2-4).

Figure 2-5 illustrates the Prime Farmland in the Subbasin in 2016 as designated by the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP). The FMMP map shows that most of the Subbasin is composed of Prime Irrigated Farmland and Unique Farmland. Unique Farmland consists of lesser quality soils used for the production of the State’s leading agricultural crops. As described in Section 2.6, many of the land use planning agencies in the Subbasin have goals and policies for the preservation of these land uses. Other land uses identified by the FMMP in the Subbasin include urban, confined animal agriculture, non-irrigated grazing land, rural residential, vacant/disturbed land, nonagricultural/natural vegetation and semi-agricultural and rural commercial land.

Figure 2-6 illustrates previous land use from 1996, as mapped by DWR. In 1996, approximately 46 percent of the Subbasin is defined as irrigated agriculture, covering about 111,946 acres. A comparison of 1996 and 2017 land uses (Figure 2-4) shows that a significant amount of pasture has been converted to deciduous/almond and other crops over the last 20 years. In addition, irrigated acreage increased from 1996 to 2017 by approximately 45,965 acres, or 18.7 percent of the Subbasin. Most of this increase occurred in the eastern Subbasin outside of MID and OID jurisdiction, where groundwater is the primary source of water supply.

Figure 2-7 is a chart illustrating the number of wells drilled by year in the Modesto Subbasin based on information from the DWR Well Completion Report database. The database indicates approximately 6,360wells drilled in the Modesto Subbasin, about 4,540 of which have completion dates and were drilled from 1948 to August 2021. As shown on the figure, only a few wells were drilled each year before the mid-1950s and less than 40 wells per year were drilled before the 1970s. Well drilling increased significantly in the 1970s, with the number of wells fluctuating between about 50 to over 100 wells per year. A significant increase in well drilling occurred during the most recent drought, with 148 wells drilled in 2013 and 257 wells drilled in 2014. The number of wells drilled dropped significantly in 2015 through 2018. The timing of the Stanislaus County Groundwater Ordinance (discussed in Section 2.6.1.3) may also have influenced well drilling activity over the last several years.

Figure 2-8 shows the locations of the drilled wells. The upper panel of this figure shows the wells that were drilled before 2000 (i.e., from 1948 to 1999) and the lower panel shows the wells that were drilled from 2000 to August 2018. These figures illustrate an increase in the number of wells drilled in the eastern Subbasin since 2000, outside of MID or OID irrigation service areas.
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2.3. WATER SOURCES AND USE
The two primary sources of water used in the Modesto Subbasin are surface water, from the Stanislaus and Tuolumne rivers, and Subbasin groundwater. No sources of imported water are available in the Subbasin.

Urban Water Management Plans (UWMPs) and Agricultural Water Management Plans (AWMPs), document surface water and groundwater use in the Subbasin. These plans include descriptions of local surface water and groundwater models, including the Stanislaus County Hydrologic Model (SCHM), and data provided by local agencies for the GSP. UWMPs are available for Modesto (2015), Modesto and Modesto Irrigation District (2010), Oakdale (2015), Riverbank (2015) and Waterford (2005). AWMPs are available for MID (2015) and OID (2015). A summary of the information on surface water and groundwater use from these planning documents is provided below.

2.3.1. Surface Water
Surface water facilities and conveyance infrastructure across the Subbasin are illustrated on Figure 2-9. As shown on the figure, the Subbasin contains a web of lined and unlined canals and pipelines to facilitate surface water conveyance. The Hetch Hetchy Aqueduct crosses the northern half of the Subbasin as part of a 167-mile project that conveys water from Hetch Hetchy Reservoir to the City and County of San Francisco and other municipalities.

OID diverts water from the Stanislaus River under pre-1914 water rights shared equally with the South San Joaquin Irrigation District (SSJID), located north of the Stanislaus River in the Eastern San Joaquin Subbasin. The adjudicated diversion rate from the Stanislaus River is 1,816.6 cubic feet per second (cfs). In 1988, after the construction of New Melones Dam upstream of Goodwin Dam, OID and SSJID entered into an operational agreement with United States Bureau of Reclamation (USBR) that provides the districts a combined supply of 600,000 acre-feet (AF) of water annually (Davids Engineering Inc., 2016).

OID diverts water at the Goodwin Dam into the South Main Canal, which serves agricultural irrigation water throughout OID south of the river in the Modesto Subbasin. OID also diverts water into the Joint Main Canal, for use north of the river in the Eastern San Joaquin Subbasin. Water flows from these canals through a system of unlined earthen ditches, concrete-lined canals, low-head pipelines and gates. Irrigation tailwater is reclaimed by OID using reclamation pumps or discharged to other landowners or irrigation districts via drainage canals.

MID diverts water from the Tuolumne River for agricultural irrigation and municipal supply.

The mean annual MID diversion from the Tuolumne River is approximately 294,000 AF, based on the average hydrologic period from 2003 to 2012. Approximately twenty percent of this amount (67,000 AF) is currently delivered to the Modesto Regional Water Treatment Plant (MRWTP) for treatment and delivery to the City of Modesto (Provost and Pritchard, 2015).
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New Don Pedro Reservoir, built in 1971 and located northeast of La Grange in the Sierra Nevada foothills, is jointly owned by MID and TID and has a maximum storage capacity of 2,030,000 AF. MID’s share of water stored in New Don Pedro Reservoir is approximately 543,000 AF. La Grange Diversion Dam, constructed in 1893, is used to divert water from the Tuolumne River into the MID Upper Main Canal. Diversions flow through the Upper Main Canal to the Modesto Reservoir for temporary storage and irrigation deliveries and for delivery to the water treatment plant and then on to the City of Modesto. The Modesto Reservoir, owned and operated by MID, was built in 1911 and has a storage capacity of 28,000 AF.

MID distributes Tuolumne River water and groundwater via a network of facilities, including 15 miles of unlined canals, 147 miles of lined canals, 42 miles of pipelines and 39 miles of drains (Provost and Pritchard, 2015). In 2012, approximately 66,500 acres of land were irrigated within MID, 57,000 acres of which received surface water from MID (Provost and Pritchard, 2015).

2.3.2. Groundwater
Groundwater in the Modesto Subbasin is extracted primarily for agricultural irrigation, municipal, and domestic potable water supply. Based on the Stanislaus County Hydrologic Model (SCHM), groundwater pumping in the Subbasin for Water Year 2015 was estimated at 222,730 acre-feet per year (AFY). Approximately 77 percent was pumped for agricultural irrigation (170,892 AFY), 20.1 percent for municipal uses (45,968 AFY) and 2.6 percent for rural domestic use (5,870 AFY) (JJ&A, 2017).

Modesto ID pumps groundwater from approximately 100 production and drainage wells to supplement surface water supply and to help control the high water table in the western Subbasin. Groundwater pumping supplements reduced supply from the Tuolumne River during consecutive dry years and to serve areas where it is more difficult to deliver adequate amounts of surface water (Provost and Pritchard, 2015).

Oakdale ID pumps groundwater from 13 deep wells in the Modesto Subbasin to supplement surface water deliveries from the Stanislaus River. OID also provides domestic water from District owned wells for its rural water system (RWS) and serves as the trustee of six improvement districts that get water from deep wells that are individually owned by each improvement district.

Agricultural pumping by the districts is supplemented by numerous private agricultural wells throughout the Subbasin. In the western Subbasin, where groundwater levels are relatively shallow, drainage wells are used to maintain groundwater levels below the root zone to facilitate farming operations and manage salinity. Irrigation wells are used in areas of surface water availability to supplement supply, especially during droughts when surface water is insufficient to meet demands. In the eastern Subbasin, where surface water supplies are generally unavailable, irrigation wells provide the primary water supply for agricultural lands.
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The cities of Modesto, Oakdale, Riverbank and Waterford pump groundwater for water supply. There are approximately 150 active supply wells in these four cities.

There are a number of small community water supply systems located throughout the Subbasin that are operated by the respective community and regulated by Stanislaus County. Figure 2-10 illustrates the public water systems within Modesto Subbasin that are mapped by the California Environmental Health Tracking Program. The mapped systems include irrigation districts (MID and OID), municipal systems (Modesto, Oakdale, Riverbank and Waterford), and smaller, non-municipal and non-district systems. The municipal systems are outlined in black on Figure 2-10. There are approximately 77 systems within Modesto Subbasin that are not municipal or irrigation districts, illustrated by the burgundy shaded areas on Figure 2-10 (some systems are so small that they appear as only a dot). A summary of these non-municipal and non-irrigation systems is provided on Table 2-1.

Approximately 56 of these systems are very small, with 10 or less service connections, and almost all (71) have less than 50 service connections.

Groundwater extraction occurs throughout the Subbasin as indicated by the density of wells shown on Figure 2-11. This map, illustrating the number of production wells drilled per square mile, was developed from DWR’s Well Completion Report Map Application.

Production wells include water supply wells1 designated as irrigation, public, municipal, and industrial on well completion reports. The highest density of production wells occurs in the western Subbasin, particularly north and west of Modesto. DWR’s 2018 basin prioritization indicates that there+ are about 4,000 production wells in the Subbasin (DWR, 2018a).

Figure 2-12 illustrates the density of public supply wells in the Subbasin. Similar to Figure 2- 11, this map was developed from DWR’s Well Completion Report Application and includes water supply wells designated as public on well completion reports and is therefore a subset of the wells on Figure 2-11. The highest densities generally coincide within municipalities and urban centers. Public supply well densities associated with small community water systems are also indicated. Based on data received for the GSP, there are approximately 150 municipal public supply wells in the Subbasin; these are shown on Figure 2-13.

Information on domestic wells is provided in Section 2.3.3, following Table 2-1 below. 1 DWR’s definitions of water supply wells are provided in DWR’s How to Fill Out a Well Completion Report pamphlet, updated in March 2007.
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Table 2-1: Public Water Systems in the Modesto Subbasin Water System Name
Number of
Service
Connections
WATERFORD-RIVER POINTE 317
RIVERVIEW MOBILE HOME ESTATES 175
MODESTO MOBILE HOME PARK 150
PARK HEIGHTS MUTUAL WATER CO 95
DEL RIO EAST HOA WATER SYSTEM 55
OLIVE LANE MOBILEHOME PARK 51
LAZY B MOBILEHOME PARK 49
MORNINGSIDE MOBILEHOME PARK 49
MAZE BLVD MOBILEHOME PARK 40
WATERFORD SPORTSMEN'S CLUB 40
LONE PINE MHP 32
OASIS INVESTMENTS 31
STERLING INDUSTRIAL 30
A & M INDUSTRIES INC 25
RIVERBANK LRA 22
KIERNAN BUSINESS CENTER 20
TURLOCK STATE RECREATION AREA 19
LIBITZKY 15
MCHENRY BUSINESS PARK 15
TULLY MOBILE ESTATES 15
FEE WATER SYSTEM 12
CARDOZA WATER SYSTEM 10
CHARITY WAY WATER SYSTEM 10
GREGORI HIGH SCHOOL 9
HART- RANSOM UNION SCHOOL & DISTRICT 9
BLOOMINGCAMP WATER SYSTEM 7
FRAZIER NUT FARMS, INC. 7
SHILOH SCHOOL DISTRICT 7
COVENANT GROVE CHURCH 6
BURCHELL NURSERY, INC 5
MESA ELEMENTARY SCHOOL 5
STORER TRANSPORTATION 5
STRATOS WAY WATER COMPANY, INC 5
THE COUNTRY MARKET 5
LOS INDIOS WATER SYSTEM 4
MID VALLEY AG 4
THE FRUIT YARD RESTAURANT 4
JEHOVAH'S WITNESS SIERRA VISTA CONG 3
KIERNAN/MCHENRY WATER COMPANY, INC 3
LA GRANGE PARK-OHV 3
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Table 2-1 (continued)
Notes:

1. Does not include municipal and irrigation district systems.

2. Source: California Environmental Health Tracking Program, Water System Map Viewer Water System Name
Number of
Service
Connections
ROBERTS FERRY NUT CO, INC (WS) 3
SALIDA HULLING ASSOCIATION WATER SYSTEM 3
5033 PENTECOST 2
AT&T WATER SYSTEM 2
BRETHREN HERITAGE SCHOOL, INC 2
EL RINCON & YOSEMITE HACIENDA MARKET 2
FISHER NUT 2
FOSTER FARMS-ELLENWOOD HATCHERY 2
GROVER LANDSCAPE WATER SYSTEM 2
LIBERTY BAPTIST CHURCH 2
OAKDALE GOLF & COUNTRY CLUB (EH) 2
ONE STOP WS 2
PARADISE SCHOOL 2
RATTO BROS, INC 2
ROBERTS FERRY SCHOOL CAFETERIA 2
STANISLAUS REGIONAL WATER AUTHORITY 2
WOOD COLONY CHRISTIAN SCHOOL 2
BECKLEY LYONS WATER SYSTEM 1
BEL PASSI BASEBALL 1
DEEVON WATER CO 1
ELKS LODGE 1282 1
FLOYD OVERHOLTZER WATER SYSTEM 1
FOX GROVE FISHING ACCESS 1
KNIGHTS FERRY RECREATION AREA 1
MABLE AVE BAPTIST CHURCH 1
MCHENRY GOLF CENTER 1
MODESTO CHRISTIAN CENTER (WATERSYSTEM 1
NINO'S PLACE WATER SYSTEM 1
OLIVEIRA WATER SYSTEM 1
PENTECOST PROPERTIES WATER SYSTEM 1
RAINBOW SPORTS COMPLEX 1
RAM NAAM MANDALI CHURCH OF MODESTO 1
SCONZA CANDY COMPANY 1
SHILOH-PARADISE BASEBALL FOR YOUTH 1
SMART STOP FOOD MART (EH) 1
STANISLAUS UNION SCHOOL DIST 1
SUNRISE ROCK & REDI-MIX 1
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2.3.3. Domestic Wells
Residents in the Modesto Subbasin that live outside of public water systems rely on domestic wells for their water supply. Based on DWR Well Completion Report records as of November 2020, approximately 3,190 domestic wells were constructed in the Modesto Subbasin. Of this number, about 210 new domestic wells were drilled since 2015; that was when many domestic wells began to fail during the drought as discussed below. An estimated 2,980 domestic wells were in place at the end of 2014. The density of domestic wells (number per square mile) is illustrated on Figure 2-14. Domestic wells are present throughout the Subbasin, but the highest density occurs in the central region of the Subbasin, along the Stanislaus and Tuolumne rivers, and west of Modesto. DWR records include many older wells dating back to the 1940s and do not indicate how many of these domestic wells are currently active.

During the recent drought, 159 domestic wells in the Subbasin were reported to be dry or suffered structural failure because of declining water levels, representing about five percent of the then-current number of domestic wells (2,980 total wells as stated above). Figure 2- 15 shows the domestic wells that were reported as dry or failed from 2014 through 2017 in Stanislaus County. According to Stanislaus County, most of these wells were less than 100 feet deep and more than 50 years old. As such, many of these wells likely had to be replaced. As part of their Dry Well Program, the County assisted well owners with storage tanks and new well installations.

An analysis was conducted to investigate the areas of the Subbasin with domestic wells that were most vulnerable to becoming dry during the recent drought. Based on the DWR Well Completion Report database, some construction data and completion dates were available for 2,356 domestic wells installed in the Subbasin between 1948 and November 2014. As stated previously, DWR records do not indicate how many of these domestic wells are currently active. The depths of these wells were compared to the groundwater depth in October 2015, based on groundwater elevation contours developed for the GSP (see Figure 3-27a). The difference between the bottom of the screen interval, or total depth if screen interval was not available, of each domestic well was subtracted from the depth to water to determine the water column thickness above the screen or base of the well. The estimated water column thickness at each domestic well is indicated by color on Figure 2-16.

Domestic wells where the water level may be below the bottom of the screen or below the bottom of the well (i.e., dry) in October 2015 are shown as pink dots. There are 30 potentially dry wells, located primarily in the east-central region of the Subbasin near the river boundaries (about one percent of the wells with construction data and completion depths).

About 20 percent of the domestic wells have less than 50 feet of water above the bottom of their screen or base of the well as shown by yellow dots. These wells are considered to be vulnerable to becoming dry if water levels drop up to 50 feet below October 2015 levels. For context, analysis of water levels indicated that very few wells were observed to have declined up to 50 feet during the 2012-2016 time frame when rates of decline were generally the largest (see Section 3.2.2 and Figures 3-21 – 3-25). In addition, those declines #25..
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were observed in the eastern Subbasin where groundwater has been the primary water supply. As shown on Figure 2-16, the more vulnerable wells are located primarily in the central region of the Subbasin along the river boundaries. These areas are consistent with the areas of reported dry wells between 2014 and 2017 (see Figure 2-15).

A similar analysis was conducted for domestic wells constructed since 2015 to investigate where and how many newer wells might be most vulnerable to dewatering if water levels declined significantly below 2015 levels. Between January 2015 and November 2020, approximately 210 domestic wells were constructed in the Subbasin. Many of these wells likely replaced the previously failed wells. In general, the wells were drilled to deeper depths – 75 percent were drilled to depths of over 200 feet.

The depths of the wells constructed since 2015 were compared to depth to water in October 2015 and color-coded in a similar manner as on Figure 2-16. The results, illustrated on Figure 2-17, indicate that most wells have 50 or more feet of water column thickness, and are not vulnerable to becoming dry. However, there are a small number (less than 10) of new domestic wells in areas that remain vulnerable if water levels decline significantly.

These wells are in the east-central region of the Subbasin near the river boundaries; the same region identified as most vulnerable for domestic wells constructed before 2015 (Figure 2-16) and where most reports of dry wells occurred (Figure 2-15). These vulnerable areas are circled in red on Figure 2-17.

Based on reports of dry wells on DWR’s Household Water Supply Shortage Reporting System (https://mydrywell.water.ca.gov/report/), as of November 2021, five wells were reported dry in the Modesto Subbasin between May and August 2021. These five wells are located in the east-central region of the Subbasin and generally correlate with the areas determined to be the most vulnerable.

Note that the numbers in this domestic well analysis vary because not all wells contain complete information for construction or completion dates. And, as mentioned previously, it is unknown how many domestic wells are no longer in use or destroyed. However, the information above is based on the best available data at this time. The GSP implementation plan in Section 9 includes an activity to address these data gaps over time (see Section

9.5.3)
This analysis found that the percentage of vulnerable domestic wells is small.

Approximately four percent (8 out of 210) of the new domestic wells constructed since 2015 are vulnerable to dewatering if water levels decline significantly below 2015 levels. As described in Section 6.8 and shown in Chapter 7, minimum thresholds set for both interconnected surface water (Fall 2015 levels) and water levels (historic low levels) have been exceeded in recent years because of declining water levels, particularly in the eastern Subbasin. Yet, Stanislaus County reports that only a few wells have reported problems since 2017. In 2021, only five domestic wells were reported to be dry, representing less than one percent of the total domestic wells in the Subbasin. Given the consideration of data discussed above and MTs selected in Chapter 5, widespread failures of more than the five percent of total domestic wells drilled in the Subbasin (as occurred in 2014-2017) can likely #25..
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be avoided under the selected sustainable management criteria. Data gaps for numbers of active domestic wells and construction information limit the ability to accurately predict the number of specific failures (addressed in Section 9.5.3).

2.4. WATER RESOURCES MONITORING PROGRAMS
Numerous monitoring programs that could support GSP development have been implemented in the Modesto Subbasin. These and other existing monitoring networks and protocols will be considered for improvements and/or adoption as part of the GSP monitoring network. GSP monitoring networks will be designed to:
• Evaluate sustainability indicators in each management area • Address identified data gaps
• Monitor for minimum thresholds in each management area to avoid undesirable results
• Track interim milestones and measurable objectives to demonstrate progress on reaching sustainability goals for the Subbasin.

2.4.1. CASGEM Monitoring Program
The California Ambient Statewide Groundwater Elevation Monitoring (CASGEM) Program, administered by DWR, has compiled groundwater elevation data from designated monitoring entities since 2009. Data are used to track seasonal and long-term groundwater elevation trends in groundwater basins statewide. In addition to designated CASGEM wells, groundwater elevation data from other wells are also compiled into the system on a voluntary basis. Data are available for review online at the DWR CASGEM website (https://water.ca.gov/Programs/Groundwater-Management/Groundwater-ElevationMonitoring--CASGEM).

The Stanislaus and Tuolumne Rivers Groundwater Basin Association (STRGBA) serves as the CASGEM Monitoring Entity for the Modesto Subbasin. Since 1994, STRGBA has coordinated groundwater planning and management in the Subbasin. As part of the CASGEM program, STRGBA measures water levels in 56 Subbasin wells. The monitoring network consists of wells owned by MID, OID, and the U. S. Geological Survey (USGS).

The current CASGEM online database contains approximately 2,400 unique water level measurements from the 56 Modesto Subbasin wells, spanning from November 1991 to October 2019. These wells are measured semi-annually to capture seasonal variation, typically once in February/March (seasonal high elevations) and once in October/November (seasonal low elevations) of each year. Information supplied by the CASGEM database includes local and state well numbers, latitude and longitude of the well, a unique CASGEM ID and station number, well use, ground surface elevation, depth to water, and calculated groundwater elevation.
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Figure 2-18 illustrates the locations of the CASGEM monitoring wells and DWR Water Data Library wells that have been recently monitored (2015 to present). This figure includes 71 wells monitored by DWR and included in the DWR Water Data Library. The CASGEM wells are a subset of the DWR Water Data Library wells. As shown, the monitored wells are almost all located west of Modesto Reservoir.

2.4.2. Public Water Suppliers Groundwater Monitoring Programs Public water suppliers in the Modesto Subbasin have implemented water level and water quality monitoring programs for their service areas. Water levels are monitored in production wells either monthly or quarterly. The City of Modesto is in the process of designing and constructing five sets of multi-completion monitoring wells for water quality and water level monitoring.

Each municipality also monitors groundwater quality for its supply wells in compliance with State requirements. Water quality monitoring requirements for public water systems are set by Title 22, Chapter 15, of the California Code of Regulations (CCR). Groundwater quality monitoring data are also compiled by local regulatory agencies for sites associated with groundwater contamination. Various municipalities have identified constituents of concern over time including nitrate, arsenic, uranium, trichloropropane (TCP), tetrachloroethylene (PCE), and dibromochloropropane (DBCP). Some of these data sets are maintained on the State Water Resources Control Board web-based database, referred to as GeoTracker.

A summary of the groundwater monitoring programs conducted by the public water suppliers is provided on the following table.

Table 2-2: Groundwater Monitoring Programs by Public Water Suppliers Agency Monitoring Programs
Groundwater Levels Groundwater Quality
City of Oakdale
Monthly water level monitoring
conducted in most production wells. State-required sampling in production wells.

City of Riverbank Quarterly water level monitoring
conducted in all production wells.

State-required sampling in production
wells. Additional water quality sampling
in production wells for local
constituents of concern.

City of Waterford Monthly water level monitoring
conducted in production wells
State-required sampling in production
wells.

City of Modesto
Ongoing water level monitoring program
in monitoring wells (numbers and
frequency vary with time).

State-required sampling in production
wells. Additional water quality sampling
in monitoring wells for local
constituents of concern.
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2.4.3. Agricultural Water Suppliers Monitoring Programs Agricultural water suppliers conduct surface water and groundwater monitoring programs in the Subbasin. Such programs implemented by MID and OID are summarized below.

2.4.3.1. Modesto Irrigation District (MID)
MID measures water levels in approximately 50 deep irrigation wells and approximately 50 shallow drainage wells on a semi-annual basis, in February and November. On behalf of STRGBA, MID also measures water levels within their district as part of the CASGEM program.

MID monitors water quality as part of several programs:
• Modesto Reservoir: Daily monitoring of water quality in Modesto Reservoir for domestic water quality standards.
• Surface and Subsurface Drainage: Monitor surface water and groundwater in compliance with the aquatic herbicide general permit.
• NPDES permit: Monitoring program in compliance with a statewide general NPDES permit for discharge of aquatic herbicides.
• Irrigated Lands Regulatory Program: Water quality monitoring in compliance with the Irrigated Lands Regulatory Program as a member of the East San Joaquin Water Quality Coalition. Program is administered by the Central Valley Regional Water Quality Control Board (CVRWQCB). (see also Section 2.4.4). • UC Davis Water Quality Study: The MID Domestic Water Treatment Plant, in conjunction with UC Davis, conducted water quality monitoring to identify constituents of greatest concern for water treatment.

2.4.3.2. Oakdale Irrigation District (OID)
OID measures water levels in a total of 12 OID and private wells within the district in the Modesto Subbasin on a semi-annual basis, in spring and fall. OID provides water levels to STRGBA, which serves as the CASGEM reporting agency.
• Irrigated Lands Regulatory Program: Water quality monitoring in compliance with the CVRWQCB Irrigated Lands Regulatory Program as a member of the East San Joaquin Water Quality Coalition (discussed in more detail below in Section 2.4.4). • District water quality: OID measures electrical conductivity in 12 deep wells and 8 private wells as part of the groundwater monitoring program (GWMP) developed in the Integrated Regional Groundwater Management Plan (Bookman-Edmonston, 2005).
• NPDES permit: Monitoring program in compliance with a statewide general NPDES permit for discharge of aquatic herbicides.
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2.4.4. Irrigated Lands Regulatory Programs
The Irrigated Lands Regulatory Program (ILRP) requires monitoring and reporting in compliance with the Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands, a program administered by the CVRWQCB. It was initiated in 2003 to prevent impacts to surface water and groundwater from agricultural runoff, with a focus on nitrate.

The East San Joaquin Water Quality Coalition (ESJWQC) is a group of agricultural interests and growers that formed to represent dischargers who own or operate irrigated lands east of the San Joaquin River in Madera, Merced, Stanislaus, Tuolumne, and Mariposa counties.

The ESJWQC files reports in compliance with Central Valley Water Board requirements (ESJWQC, 2019). The ESJWQC monitoring program samples for a wide array of constituents in drains and canals. The sampling program and monitoring stations are dynamic, with sampling stations and constituents changing frequently, as the program rotates throughout the watershed. In the Modesto Subbasin, both MID and OID are members of the coalition for the lands that they own.

The ESJWQC joined the Central Valley Salinity Coalition, a non-profit organization which manages funding for the Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS). CV-SALTS was formed in 2006 to address the salt problem in the Central Valley and prepared a Salt and Nutrient Management Plan for the entire Central Valley. Based on that plan, the SWRCB adopted a Basin Plan Amendment (BPA) in 2019 to guide nitrate and salt regulations. ESJWQC representatives participated in the framework development for regulatory requirements under the BPA (ESJWQC, 2020).

In December 2012, a new Waste Discharge Requirements (WDR) order for the ESJWQC was approved by the CVRWQCB that expanded the monitoring to include groundwater under the ILRP. The program ensured that surface water monitoring would continue but focused on a management approach rather than strict enforcement of water quality standards. A Nitrogen Management Plan (NMP) was implemented, which requires growers to document how much nitrogen is added and removed from irrigated lands. These numbers are reported to the CVRWQCB annually.

In January 2020, the Nitrate Control Program (NCP) was initiated, which requires growers to ensure safe drinking water supplies for well owners impacted by nitrate. Growers can elect to comply with these regulations cooperatively with other growers in designated Management Zones. Six priority groundwater subbasins were identified for Management Zones including Chowchilla, Kaweah, Kings, Turlock, Tule, and Modesto (ESJWQC, 2020).

The Valley Water Collaborative, which was funded by ESJWQC to implement the NCP, was formed to cover the Management Zones in the Turlock and Modesto subbasins. The Executive Director of the Valley Water Collaborative is in communication with the Subbasin GSAs about NCP program implementation in the Modesto Subbasin. The Executive Director provided an overview of the program at the December 2020 regular public meeting of the STRGBA GSA.
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2.5. WATER RESOURCES MANAGEMENT PROGRAMS
As demonstrated from the monitoring programs described above, Modesto Subbasin agencies are actively managing surface water and groundwater conjunctively. Water management programs in the Modesto Subbasin have been documented in various planning documents prepared both separately by local water agencies and collaboratively through cooperative groups of agencies. Key water resources management programs in the Subbasin are summarized below.

2.5.1. Groundwater Management Plan
In April 1994, six agencies within the Modesto Subbasin formed the Stanislaus and Tuolumne Rivers Groundwater Basin Association (STRGBA) to manage groundwater. In 2003, STRGBA began preparing an Integrated Regional Groundwater Management Plan (GWMP) in compliance with the Groundwater Management Planning Act of 2002 (SB 1938) and the Integrated Regional Water Management Planning Act of 2002 (SB 1672) (BookmanEdmonston, 2005). The GWMP describes several actions to protect groundwater resources that are implemented by STRGBA member agencies (Bookman-Edmonston, 2005). The following is a summary of these actions.
• Identification and Management of Wellhead Protection Areas: The purpose is to protect groundwater used for public supply, by protecting the area around a public supply well, or a recharge area that contributes water to a public supply well, to prevent water quality impacts.
• Regulation of the Migration of Contaminated Groundwater: STRGBA coordinates with responsible parties and regulatory agencies to keep STRGBA members informed of the status of known groundwater contamination. • Identification of Well Construction Policies: Stanislaus County Department of Environmental Resources administers the well permitting program in the unincorporated areas of the Subbasin. STRGBA member agencies are required by State law to adopt the State Model Well Ordinance as a minimum standard for well construction.
• Administration of Well Abandonment and Destruction Programs: Unused wells must be properly abandoned to prevent the migration of contaminants. • Mitigation of Overdraft Conditions: Reduce dependency on groundwater, by providing surface water to areas previously dependent on groundwater, and by encouraging growers to use surface water for irrigation, when available, instead of groundwater.
• Replenishment of Groundwater Extracted by Water Producers: Protect and manage the major recharge areas within the Subbasin.
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• Construction and Operation of Recharge, Storage, Conservation, Water Recycling and Extraction Projects: Local agencies will encourage cooperation and sharing of information between the agencies to promote water management projects. • Control of Saline Water Intrusion: STRGBA coordinates with member agencies to monitor groundwater quality to ensure that saline water from the San Joaquin River or the saline water associated with groundwater from the western San Joaquin Valley does not migrate into the Subbasin.

2.5.2. Urban Water Management Plans
The Urban Water Management Planning Act requires water suppliers that provide over 3,000 AFY or have over 3,000 connections to submit an Urban Water Management Plan (UWMP) to the State every five years. 2015 UWMPs are available for two cities in the Modesto Subbasin: Modesto (2015) and Riverbank (2015). The City of Modesto owned and operated Waterford’s water system until July 1, 2015, and therefore Waterford’s system is covered under the Modesto 2015 UWMP. Oakdale completed a 2010 UWMP Update (MCR Engineering, 2015) and has a Draft 2015 UWMP awaiting adoption. Modesto and MID completed a joint UWMP in 2010 (West Yost Associates, 2011)2 .

The 2015 UWMPs for the cities of Modesto (West Yost Associates, 2016a) and Riverbank (KSN Inc., 2016) are consistent with the Urban Water Management Planning Act as amended by SB X7-7 in 2009 and provide evaluations of water demand and water supply into the future. Each describes the service area, water system, historical and projected water use, and water supply sources, and provides a comparison of projected water supplies to water demands during normal, single‐dry, and multiple‐dry years in five-year increments from 2020 to 2035. Both cities indicate the availability of water supply to meet water demand into the future. Riverbank, which relies exclusively on groundwater, plans to meet future demands with groundwater. The City of Modesto, which relies on groundwater and treated surface water from MID, plans to continue to use these two sources of water to meet future demands. Each UWMP describes constraints (e.g., legal, environmental, water quality) on water supplies.

As required by SB X7-7, the UWMPs present each city’s 2015 and 2020 water use targets, verify compliance with the interim 2015 water use target, and describe implementation plans for meeting the 2020 water use target. Recognizing the importance of water conservation, the UWMPs describe the six Demand Management Measures (DMMs) in compliance with SB X7-7. These DMMs include water waste prevention ordinances, metering, conservation pricing, public education and outreach, programs to assess and manage distribution system real loss, and water conservation program coordination and 2 In June 2021, the City of Modesto and Modesto Irrigation District completed an updated joint UWMP for 2020. Data from these and other updated planning documents will be incorporated into future GSP analyses, such as in GSP Annual Reports.
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staffing support. The cities each implement additional water conservation programs, as follows.
• Modesto has three additional DMMs, including residential conservation programs; commercial, industrial, institutional conservation programs; and large landscape irrigation conservation programs.
• Riverbank has several additional DMMs:
o Water survey programs for single-family residential and multi-family residential customers
o Large landscape conservation programs and incentives
o High efficiency washing machine rebate program
o High efficiency toilet replacement
o Residential plumbing retrofit
o Conservation programs for commercial, industrial and institutional accounts Oakdale’s 2010 UWMP (MCR Engineering, 2015) identifies fourteen similar demand management measures. As stated in the 2010 UWMP, Oakdale was implementing or partially implementing five of the demand management measures (MCR Engineering, 2015).

2.5.3. Agricultural Water Management Plans
Agricultural Water Management Plans (AWMPs) were prepared in 2015 in accordance with the Water Conservation Act of 2009 (SB X7-7) by two irrigation districts within the Modesto Subbasin: MID (Provost and Pritchard, 2015) and OID (Davids Engineering, 2016). The following is a summary of the water resources management programs described in these AWMPs.

The MID and OID 2015 AWMPs each describe the same Efficient Water Management Practices (EWMPs) in conformance with the California Code. These include two critical EWMPs that are mandatory for all agricultural water suppliers, and additional or conditional EWMPs, which are required if technically feasible and locally cost effective. The two mandatory EWMPs are to accurately measure the volume of water delivered to customers and to adopt a pricing structure based, at least partially, on the quantity of water delivered.

MID and OID each describe the same thirteen additional EWMPs that are being implemented, as follows:
• Facilitate use of available recycled water that otherwise would not be used beneficially, meets all health and safety criteria, and does not harm crops or soils. • Facilitate financing of capital improvements for on-farm irrigation systems. • Implement an incentive pricing structure that promotes one or more of the following goals: (A) More efficient water use at farm level, (B) Conjunctive use of groundwater, (C) Appropriate increase of groundwater recharge, (D) Reduction in problem drainage, (E) Improved management of environmental resources, (F) #25..
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Effective management of all water sources throughout the year by adjusting seasonal pricing structures based on current conditions. • Expand line or pipe distribution systems and construct regulatory reservoirs to increase distribution system flexibility and capacity, decrease maintenance and reduce seepage.
• Increase flexibility in water ordering by, and delivery to, water customers within operational limits.
• Construct and operate supplier spill and tailwater recovery systems • Increase planned conjunctive use of surface water and groundwater within the supplier service area.
• Automate canal control structures.
• Facilitate or promote customer pump testing and evaluation. • Designate a water conservation coordinator who will develop and implement the water management plan and prepare progress report.
• Provide for the availability of water management services to water users. • Evaluate the policies of agencies that provide the supplier with water to identify the potential for institutional changes to allow more flexible water deliveries and storage.
• Evaluate and improve the efficiencies of the supplier’s pumps.

In addition to these, MID is implementing an EWMP to facilitate alternative land use for lands with exceptionally high water duties or whose irrigation contributes to significant problems, such as drainage problems.

2.5.4. Additional Plan Elements
The California Water Code contains a checklist for preparation of GSPs, which provide groundwater management elements that may be applicable for incorporation into the Modesto Subbasin GSP. Most management programs relevant to this checklist are described in the previous sections; programs are summarized below for each topic to ensure that the additional plan elements listed in the GSP regulations (Section 354.8 (g)) have been considered.
(a) Control of saline water intrusion: saline water intrusion is not applicable because this is not a coastal Subbasin. However, as summarized in Section 2.5.1, the Integrated Groundwater Management Plan (Bookman-Edmonston, 2005) describes STGRBA’s efforts to prevent saline groundwater from migrating into the Subbasin from the San Joaquin River and from the west side of the San Joaquin Valley.
(b) Wellhead protection areas and recharge areas: as described in Section 2.5.1. (c) Migration of contaminated groundwater. As described in Section 2.5.1, STRGBA GSA will coordinate with responsible parties and regulatory agencies to keep STRGBA GSA member #25..
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agencies informed of the status of known groundwater contamination. The oversight regulatory agencies may include the State Water Resources Control Board, the State Department of Toxic Substances Control (DTSC), or the County Department of Environmental Health.
(d) A well abandonment and well destruction program: As described in Section 2.5.1, the Integrated Regional Groundwater Management Plan (Bookman-Edmonston, 2005), states that the unused wells must be properly abandoned to prevent the migration of contaminants.
(e) Replenishment of groundwater extractions: As described in Section 2.5.1, the Integrated Regional Groundwater Management Plan (Bookman-Edmonston, 2005), the major recharge areas in the Subbasin will be protected and managed. In 2007, a recharge characterization for STRGBA was completed to define recharge areas by evaluating physical characteristics and anthropogenic conditions (WRIME, 2007).
(f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage. Conjunctive use is an active groundwater management strategy being implemented by the City of Modesto, MID and OID. In addition, maximizing groundwater recharge is a goal or policy identified by many agencies with land use planning responsibility in the Subbasin (see Section 2.6 below). (g) Well construction policies. Stanislaus County has a well permitting program in accordance with the State Water Code that ensures proper well construction (see Section 2.6.2 below). (h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects. As discussed above, most of these are addressed in the Integrated Regional GWMP (Bookman-Edmonston, 2005). Water conservation measures are provided in the UWMPs and AWMPs, as described in Sections 2.5.2 and 2.5.3. (i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use. Efficient water practices are provided in the UWMPs and AWMPs, as described in Sections 2.5.2 and

2.5.3. (j) Efforts to develop relationships with state and federal regulatory agencies. These relationships are developed and coordinated in a variety of ways including coordination with CDFW on river issues, working with regulatory agencies regarding environmental sites within the City, oversight of the County for small community water system provision of water, among other activities (see also Section 2.5.1). (k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity.

As described in Section 2.6 below, agencies within the Subbasin are conducting land use planning to ensure water supply availability and groundwater protection. #25..
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(l) Impacts on groundwater dependent ecosystems (GDEs). Groundwater elevation data collected as part of the groundwater level monitoring programs described in Section 2.4 will be used to analyze the interconnectedness of surface water and groundwater and potential impacts on groundwater dependent ecosystems (GDEs). Additional analysis will incorporate results from the Modesto Subbasin integrated surface water- groundwater model, currently being revised.

The GSP will incorporate existing water resource management programs summarized above.

In addition, goals, policies, and implementation measures in several General Plans in the Subbasin address aspects of water resource management programs, as discussed in the following section.

2.6. LAND USE PLANNING AND ELEMENTS
General Plans, Groundwater Ordinances, and information from other land use planning activities were compiled for review and consideration during GSP preparation and for coordination during GSP implementation. This section includes a summary of those plans and well permitting programs being implemented in the Modesto Subbasin.

2.6.1. Summary of General Plans and Groundwater Ordinances Four cities and one county (including urban communities in the unincorporated areas) share land use planning responsibilities and authorities for the Modesto Subbasin. Most of the General Plans prepared by these entities contain goals and policies relating to water supplies, water use, and water resources. Land use designations, assumptions on growth, preservation of agricultural lands, or protection of environmental resources are examples of land use planning that could result in changes in water use over the planning horizon.

As part of GSP preparation, General Plans for Stanislaus County and the cities of Modesto, Oakdale, Riverbank and Waterford were reviewed. City and urban community boundaries and the Stanislaus County line are shown on Figure 2-2. Selected goals, policies, implementation measures, and issues from the General Plans are highlighted in the following sections with a focus on water resources and management.

2.6.1.1. Stanislaus County General Plan
In August 2016, Stanislaus County adopted its 2015 Comprehensive General Plan Update (County of Stanislaus, 2016). The General Plan area covers the entire County, which overlies portions of four groundwater subbasins, including the Modesto Subbasin as shown on Figure 2-2. Although the protection of natural resources in the County is a thread throughout the General Plan, a key goal with respect to water resources is contained in the Conservation/Open Space Element. That goal, along with associated policies and implementation measures are summarized in Table 2-3.

Although most of the County’s population growth (96.8 percent) from 2000 to 2010 occurred in the incorporated areas, population increases in the 1990s created pressure to convert agricultural lands to non-agricultural use. In response to these conditions, county #25..
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voters passed the 30-Year Land Use Restriction Initiative (Measure E) in 2008. This measure requires that voters approve any future re-designation or re-zoning of agricultural or open space land use to residential use.

In addition, Stanislaus County has implemented a Right-to-Farm Ordinance. The County’s ordinance establishes mechanisms designed to protect normal agricultural operations from pressures that can be created by urban neighbors. The County has also developed a Farmland Mitigation Program that requires any loss of farmland to residential development to be mitigated by the permanent protection of an equal amount of farmland. Agricultural Conservation easements granted in perpetuity are used as a means of minimizing farmland loss. Based on communications with the California Farmland Trust in October 2018, Agricultural Conservation easements continue to be granted and there are four parcels in Modesto, ranging from approximately 55 to 96 acres in size, with easements.

Notwithstanding the ongoing preservation of agricultural lands, the Stanislaus Council of Governments is projecting a population increase of 21.3 percent in the unincorporated areas by 2035 (from 110,236 to 133,753).
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Table 2-3: Selected Stanislaus County General Plan Goals and Policies Table 2-3: Selected Stanislaus County General Plan Goals and Policies – Chapter Three: Conservation/Open Space Element Goal Policy Implementation Measures
Goal One.

Encourage the
protection and
preservation of
natural and
scenic areas
throughout the
County
Policy Three: Areas of sensitive
wildlife habitat and plant life (e.g.,
vernal pools, riparian habitats,
flyways and other waterfowl
habitats, etc.) including those
habitats and plant species listed by
state or federal agencies shall be
protected from development
and/or disturbance.

1. Review all development requests to ensure that sensitive areas (e.g., riparian habitats, vernal pools, rare plants, flyways, etc.) are left undisturbed or that mitigation measures acceptable to appropriate state and federal agencies are included in the project.

2. In known sensitive areas, the State Department of Fish and Wildlife shall be notified as required by the California Native Plant Protection Act; the U.S. Fish and Wildlife Service also shall be notified.

3. All discretionary projects that will potentially impact riparian habitat and/or vernal pools or other sensitive areas shall include mitigation measures for protecting that habitat.

4. All discretionary projects within an adopted Airport Influence Area (AIA) that have the potential to create habitat, habitat conservation, or species protection shall be reviewed by the Airport Land Use Commission.

5. Implementation of this policy shall not be extended to the level of an unconstitutional "taking" of property.

6. Any ground disturbing activities on lands previously undisturbed that will potentially impact riparian habitat and/or vernal pools or other sensitive areas shall include mitigation measures for protecting that habitat, as required by the State Department of Fish and Wildlife.

Goal Two.

Conserve water
resources and
protect water
quality in the
County
Policy Five: Protect groundwater
aquifers and recharge areas,
particularly those critical for the
replenishment of reservoirs and
aquifers.

1. Review proposals for urbanization in groundwater recharge areas to maximize recharge, prevent water quality degradation, and to not exacerbate groundwater overdraft. Areas susceptible to overdraft shall include a hydrogeological analysis and mitigation measures. Wastewater treatment may be required in areas susceptible to deterioration of groundwater quality.

2. Department of Environmental Resources shall identify and require control of pollutants stored, handled, or disposed at the site. Groundwater monitoring programs will be adopted where hydrogeological assessment indicate the likely potential for groundwater deterioration.

3. Stanislaus County shall discourage the use of dry wells for street drainage in urban areas to avoid contaminants reaching aquifers with beneficial uses. Storm water disposal systems shall be designed not to pollute receiving surface groundwater but integrated into an area-wide groundwater recharge program when feasible.

4. Encourage new development to incorporate water conservation measures to minimize adverse impacts on water supplies.

5. Continue to implement landscape provisions of the Zoning Ordinance, which encourage drought-tolerant landscaping and water-conserving irrigation methods.

6. Encourage new urban development to be served by community wastewater treatment facilities and water systems rather than by package treatment plants or private septic tanks and wells.

Policy Six: Preserve natural
vegetation to protect waterways
from bank erosion and siltation.

1. Development proposals and mining activities including, or in the vicinity of, waterways and/or wetlands shall be closely reviewed to minimize destruction of riparian habitat and vegetation. This includes referral to the US Army Corps of Engineers, US Fish and Wildlife Service, CA Depart. of Fish and Wildlife, and the CA Depart. of Conservation.

2. Continue to encourage best management practices for agriculture and coordinate with soil and water conservation efforts of Stanislaus County Farm Bureau, Resource Conservation Districts, the US Soil Conservation Service, and local irrigation districts.

Policy Seven: New development
that does not derive domestic
water from pre-existing domestic
and public water supply systems
shall be required to have a
documented water supply that
does not adversely impact
Stanislaus County water resources.

1. Proposals for development to be served by new water supply systems shall be referred to appropriate water districts, irrigation district, community services district, the State Water Resources Board and any other appropriate agencies for review and comments.

2. Review all development request to ensure a sufficient water supply to meet short and long-term water needs of the project without adversely impacting the quality and quantity of existing local water resources.

Policy Eight: The county shall
support efforts to develop and
implement water management
strategies.

1. The County will pursue state and federal funding options to improve water management resources in the County.

2. The Department of Environmental Resources should continue to monitor groundwater quality for public water systems under the department’s supervision and oversee investigations of soil and groundwater contamination.

3. The County will coordinate with water purveyors, private landowners, and other water resource agencies in the region on data collection for groundwater conditions and in the development of a groundwater usage tracking system, including well location/construction mapping and groundwater level monitoring to guide future policy development.

4. The County shall promote efforts to increase reliability of groundwater supplies through water resource management tools (surface water protection, conservation, public education, and expanded opportunities for conjunctive use of groundwater, surface water, and appropriately treated wastewater and stormwater reuse opportunities).

5. The County will support and facilitate the formation of integrated, comprehensive county-wide regional water resources management plans, which incorporates existing water management plans and identifies and plans for management within the gaps between existing water management plans.

6. The County will cooperate with other pertinent agencies, including cities and water district, in the preparation and adoption of a groundwater sustainability plan pursuant to SGMA and any subsequent legislation. The County will use its regulatory authority to implement the requirements of the groundwater sustainability plan.

7. The County will obtain technical information and develop the planning/policies to improve groundwater recharge opportunities and groundwater conditions in the County.

8. As information becomes available, the County will adopt General Plan changes to protect recharge areas and manage land use changes that have an impact on groundwater use and quality.
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Table 2-3: Selected Stanislaus County General Plan Goals and Policies – Chapter Three: Conservation/Open Space Element (continued) Goal Policy Implementation Measures
Policy Nine: The County will
investigate additional sources of
water for domestic use.

1. The County will work with irrigation and water districts, community services districts, municipal and private water providers in developing surface water and other potential water sources for domestic use.

Chapter Seven: Agricultural Element
Goal One.

Strengthen the
agricultural
sector of our
economy.

Policy 1.22: The County shall
encourage regional coordination of
planning and development activities
for the entire Central Valley.

1. The County shall participate in regional efforts to address long-range planning, infrastructure, conservation, and economic development issues facing the Central Valley.

Goal Two.

Conserve our
agricultural
lands for
agricultural
uses.

Policy 2.15: In order to mitigate the
conversion of agricultural land
resulting from a discretionary
project requiring a General Plan or
Community Plan amendment from
“Agriculture” to a residential land
use designation, the County shall
require the replacement of
agricultural land at a 1:1 ratio with
agricultural land of equal quality
located in Stanislaus County.

1.Mitigation shall be applied consistent with the Farmland Mitigation Program Guidelines Goal Three.

Protect the
natural
resources that
sustain our
agricultural
industry.

Policy 3.4: The County shall
encourage the conservation of
water for both agricultural, rural
domestic, and urban uses.

1. The County shall encourage water conservation by farmers by providing information on irrigation methods and best management practices and coordinating with conservation efforts of the Farm Bureau, Resource Conservation Districts, Natural Resource Conservation Service, and irrigation districts.

2. The County shall encourage urban water conservation and coordinate with conservation efforts of cities, local water districts and irrigation districts that deliver domestic water.

3. The County shall continue to implement adopted landscape and irrigation standards designed to reduce water consumption in the landscape environment.

4. The County shall work with local irrigation districts to preserve water rights and ensure that water saved through conservation may be stored and used locally, rather than "appropriated" and moved to metropolitan areas outside of Stanislaus County.

5. The County shall encourage the development and use of appropriately treated water (reclaimed wastewater and stormwater) for both agricultural and urban irrigation.

Policy 3.5: The County will continue
to protect the quality of water
necessary for crop production and
marketing.

1. The County shall continue to require analysis of groundwater impacts in Environmental Impact Reports for proposed developments.

2. The County shall investigate and adopt appropriate regulations to protect water quality.

Policy 3.6: The County will continue
to protect local groundwater for
agricultural, rural domestic, and
urban use in Stanislaus County.

1. The County shall implement the existing groundwater ordinance to ensure the sustainable supply and quality of local groundwater. #25..
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Table 2-3: Selected Stanislaus County General Plan Goals and Policies – Chapter One: Land Use Element (continued) Goal Policy Implementation Measures
Goal One. Provide for diverse land use needs by
designating patterns which are responsive to the
physical characteristics of the land as well as to
environmental, economic, and social
concerns of the residents of Stanislaus County.

Policy 7: Riparian habitat along the rivers and
natural waterways of Stanislaus County shall,
to the extent
possible, be protected.

1. All requests for development which require discretionary approval and include lands adjacent to or within riparian habitat shall include measures for protecting that habitat to the extent that such protection does not pose threats to proposed site uses, such as airports.

Goal Four. Ensure that an effective level of public
service is provided in unincorporated areas.

Policy 24: Future growth shall not exceed the
capabilities/capacity of the provider of
services such as sewer, water, public safety,
solid waste management, road systems,
schools, health care facilities, etc.

2. Development within a public water district and/or wastewater district shall connect to the public water system and/or the wastewater treatment facility; except where capacity is limited or connection to existing infrastructure is limiting, and an alternative is approved by the County’s Department of Environmental Resources. For development outside a water and/or wastewater district, it shall meet the standards of the Stanislaus County Primary and Secondary Sewage Treatment Initiative (Measure X) and domestic water.

9. The County will coordinate development with existing irrigation, water, utility, and transportation systems by referring projects to appropriate agencies and organizations for review and comment.

Goal Six. Promote and protect healthy living
environments
Policy 29: Support the development of a built
environment that is responsive to decreasing
air and water pollution, reducing the
consumption of natural resources and
energy, increasing the reliability of local
water supplies, and reduces vehicle miles
traveled by facilitating alternative modes of
transportation, and promoting active living
(integration of physical activities, such as
biking and walking, into everyday routines)
opportunities.

1. County development standards shall be evaluated and revised, as necessary, to facilitate development incorporating the following (or similar) design features:
• Alternative modes of transportation such as bicycle lanes, pedestrian paths, and facilities for public transit; • Alternative modes of storm water management (that mimic the functions of nature); and • Pedestrian friendly environments through appropriate setback, landscape, and wall/fencing standards. #25..
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2.6.1.2. Stanislaus County Community Plans
The 2015 Update of the Stanislaus County General Plan includes Community Plans for two urban communities in the Modesto Subbasin including Del Rio and Salida (location on Figure 2-2).

Del Rio is a small community of approximately 2.1 square miles located north of the City of Modesto along the Stanislaus River. Del Rio is a mixed residential, recreational and agricultural community. Water is provided to portions of the community by the City of Modesto, while other areas are reliant on groundwater from private wells. Future development, which will require environmental review, would include low-density residential, natural open recreational space, and potential expansion of the Del Rio County Club golf course. Agricultural use would be confined to the southern portion of the community.

Salida is a small community of approximately 4,600 acres northwest of the City of Modesto along Highway 99. The community plan includes the existing community of Salida and an amendment area. The amendment area includes the Salida Area Planning, Road Improvement, Economic Development, and Farmland Protection Initiative approved by the Board of Supervisors in August 2007. Approximately one-third of the planned amended area is for industrial, one-third is for residential (low-density, medium density, and medium high-density), and one-third is for a business park, commercial and agriculture. Water is provided by the City of Modesto. Future development will require environmental review and an evaluation of water/sewer services.

2.6.1.3. Stanislaus County Groundwater Ordinance
In November 2014, Stanislaus County adopted a Groundwater Ordinance3 to promote sustainable groundwater extraction in the unincorporated portions of Stanislaus County.

The ordinance prohibits groundwater extractions that are unsustainable and prohibits exports of groundwater from the County. The ordinance references undesirable results as defined by SGMA and requires periodic reporting of groundwater information to the County Department of Environmental Resources that is “reasonably necessary to monitor the existing condition of groundwater resources within the County….” The ordinance allows for well permits to be issued on a discretionary basis; applications for non-exempt wells must include substantial evidence that they will not withdraw groundwater unsustainably as defined in the ordinance. To comply with the ordinance, the County has developed its Discretionary Well Permitting and Management Program, described below in Section 2.6.2.

2.6.1.4. City of Modesto General Plan
The City of Modesto adopted its Urban Area General Plan in October 2008 to provide a planning horizon through 2025 (City of Modesto, 2008). Most of the City is located in the Modesto Subbasin, but a small portion is located south of the Tuolumne River in the Turlock Subbasin. The City of Modesto has established 23 comprehensive planning districts (CPD).

Two of these, Whitmore/Carpenter CPD and Fairview CPD, are in the Turlock Subbasin, 3 Chapter 9.37, County Code.
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while the remaining 21 CPDs are in the Modesto Subbasin. The CPDs in the Modesto Subbasin include residential, commercial, business park, mixed use, and open space land uses, with a total of approximately 42,000 acres, 174,000 dwelling units and 277,000 jobs.

The General Plan for the City of Modesto identifies water as the most critical natural resource in California. Water supply in Modesto is from City owned and operated wells and treated surface water purchased from MID. There are some private wells within City limits in parks and golf courses, and for industrial and agricultural uses. The General Plan has a water goal, wastewater goal and storm drainage goal. The policies to achieve these goals are summarized in Table 2-4. This table is based on the October 2008 General Plan and some items may be out-of-date and will be updated, if needed, in future GSP analyses. #25..
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Table 2-4: Selected City of Modesto General Plan Goals and Policies Table 2-4: Selected City of Modesto General Plan Goals and Policies - Community Services and Facilities Goal Policy
General Water Goal
Ensure a consistent,
reliable, high-quality
water supply for the
City of Modesto and
its customers.

Water Policies—Baseline Developed Area
a. During review of all proposed development, the City shall require, as a condition of approval, that all developments reduce their potable water demand. The City should refer to Table 5-1 in the Joint Urban Water Management Plan for potential techniques to reduce potable water demand, as well as those identified in the City’s current UWMP. b. The City’s Public Works Director may require water infrastructure master plans for the public infrastructure or when otherwise pertinent to provision of service at adopted service levels for the specific plan areas or other projects depending on site issues and location.
c. Individual development projects, including lot splits, are subject to review by the City’s Public Works Director for adequate water supply. d. According to state law (Senate Bill 1087 of 2005), no provider of water services may deny or condition the approval of an application for services, or reduce the amount of the services applied for, if the proposed development includes housing affordable to lower income households, except upon making specific findings in accordance with SB 1087. e. All new connections to the public water system shall have meters installed. In addition, on or before January 1, 2025, all existing municipal and industrial service connections shall have water meters installed. On or before January 1, 2010, the City shall charge all customers with water meters based on the volume of water delivered. f. The City of Modesto shall prepare and adopt an Urban Water Management Plan every five years in accordance with Water Code Section 10621. g. The City shall implement the Demand Measurement and Conservation Measures identified in the City's adopted Urban Water Management Plan. h. The City of Modesto shall prepare and maintain a Water Master Plan. The Water Master Plan shall be updated, as needed, to incorporate changes in growth projections, water supplies, and demands. i. The City of Modesto should continue to pursue additional potential water supply alternatives available to the City to accommodate growth and meet future demand in both normal and dry years. j. The City of Modesto will encourage the optimum beneficial use of water resources within the City. The City shall strive to maintain an adequate supply of high-quality water for urban uses. At a minimum, potable water supplies (including well water) delivered to water customers shall conform to the primary maximum contaminant levels as defined in the California Code of Regulations, Title 22, Section 64431-64444. k. The City of Modesto will strive to stabilize groundwater levels and eliminate groundwater overdraft, as part of a conjunctive groundwater–surface water management program. The City shall view regional water resources, such as groundwater, surface water, and recycled wastewater, as an integrated hydrologic system when developing water management programs. l. The City of Modesto will be the sole provider of municipal and industrial water services to the area within the City’s Sphere of Influence, with the exception of private wells. The City will cooperate with the overlying agricultural water providers, MID and TID, and with adjacent municipal and industrial providers for the mutually beneficial management of the limited water resources. The City will also take into consideration its public trust duty with regard to environmental uses of water resources. m. The City will provide water service within the original Del Este service area. n. Water facilities will be constructed, operated, maintained, and replaced in a manner that will provide the best possible service to the public. The City shall ensure that infrastructure is installed before or concurrently with development. The City will take a comprehensive approach to financing, using a blend of special taxes, benefit assessments, and other methods to ensure that infrastructure installation occurs in a timely manner. o. The City will continue to establish guidelines, policies, and programs to implement water conservation to the maximum extent feasible. Funding for large conservation rebate or exchange programs should be in place. The City shall strive to maximize the utilization of water resources when developing and implementing its Economic Development Strategy. p. The City of Modesto shall participate in the development of a TID Surface Water Supply Project (SWSP). q. The City of Modesto shall implement Local Basin Management Objectives (BMOs) discussed in the Integrated Regional Groundwater Management Plan that relate to the specific approaches to water management goals including groundwater supply, groundwater quality, and protection against inelastic land surface subsidence. r. The City of Modesto shall support the Regional BMOs discussed in the Integrated Regional Groundwater Management Plan. s. The City of Modesto should develop and implement a water recycling program to reduce the demands for new water supplies in the City and basin.

This section addresses the requirements of Government Code Section 66455.3 for proposed residential subdivisions of over 500 dwellings. t. For projects within the City’s water service area, a copy of any project application shall be sent to the City Public Works Department within 5 days of the application being accepted as complete for processing by the City of Modesto.
u. When approving a proposed residential subdivision of over 500 dwelling units, the City of Modesto must include a condition requiring a sufficient water supply to be available. Proof of availability of water supply depends upon several factors.
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Table 2-4: Selected City of Modesto General Plan Goals and Policies - Community Services and Facilities (continued) Goal Policy
This section addresses the requirements of Senate Bills 221 and 610 of 2001 that establish the requirement for public water systems to prepare water supply assessments for projects as follows:
v. A project means any of the following (consistent with Water Code Section 10912): a proposed residential development of more than 500 dwelling units; a proposed shopping center or business establishment employing more than 1,000 persons or having more than 250,000 square feet of floor space; a proposed hotel or motel, or both, having more than 500 rooms; a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area; a mixed-use project that includes one or more of the projects identified above; or a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. w. The City shall consider adopting more specific or restrictive standards for the definition of a project within its water service area. x. For projects requiring an environmental impact report, negative declaration, or mitigated negative declaration under CEQA, the City, as the retail water supplier, shall prepare a Water Supply Assessment (WSA) that complies with the requirements of SB 610 and SB 221 in evaluating the sufficiency of water supply to serve the project, and include the findings of the WSA in the CEQA document.

This section addresses the requirements of Senate Bill 2095 of 2000 (Government Code Section 65601 et seq.) that relate to the mandated use of recycled water for landscaping purposes as follows:
y. Any local public or private entity that produces recycled water and determines that within 10 years it will provide recycled water within the boundaries of the City of Modesto must notify the City of that fact. Within 180 days of receipt of the notice, the City of Modesto shall adopt and enforce a specified recycled water ordinance. The recycled water ordinance must comply with the recycled water policies detailed in the City of Modesto’s UWMP.

Water Policies—Planned Urbanizing Area
a. All of the Water Policies for the Baseline Developed Area apply within the Planned Urbanizing Area. b. The City of Modesto shall coordinate land development projects with the expansion of water treatment and supply facilities.

General Wastewater
Goal
The objective of the
City’s wastewater
system is to meet
increasingly strict
wastewater
regulations in a costeffective manner. As
demand for water
increases in
California, reclaiming
wastewater could
create opportunities
to optimize the
region’s water
resources. Similar
opportunities exist
for the beneficial
reuse of biosolids
and digester gas, and
other residuals of
wastewater
treatment.

Wastewater Policies—Baseline Developed Area
a. To protect public health and the environment, the City’s wastewater treatment facilities will conform to standards for wastewater and biosolids treatment and disposal, as established by the Central Valley Regional Water Quality Control Board, in compliance with the Federal Clean Water Act, the State Porter-Cologne Act, and their implementing regulations, current and future. b. The City shall support the near-term expansion of the wastewater treatment and disposal capacity of the Jennings Road Secondary Treatment Plant. c. The City shall support both wastewater collection and treatment system improvements and associated costs needed to serve the City’s existing and future customers. d. Wastewater facilities will be constructed, operated, maintained, and replaced in a manner that will provide the best possible service to the public as required by federal and state laws and regulations. In developing implementation plans, consideration shall be given to rehabilitation of essential existing facilities, expansion to meet current excess demand, and the timely expansion for future demand. e. If available, the City shall provide wastewater services within the sewer service agreement area. f. The City of Modesto shall continue to support, develop, and research future water reclamation opportunities as a water resource. g. The City’s wastewater system capacity will be allocated to existing and future residential, commercial, and industrial customers. Discharges from environmental cleanup sites may be issued conditional discharge permits subject to the availability of excess treatment capacity. In accordance with federal and state regulations, all discharges to the wastewater system may not, or may not threaten to, upset, interfere, or pass through the wastewater system.
h. The City Engineer may require wastewater infrastructure master plans for the specific public infrastructure or when otherwise pertinent to provision of service at adopted service levels for the specific plan areas or other projects depending on site issues and location.
i. Individual development projects, including lot splits, are subject to review by the City’s Public Works Director for adequate wastewater collection service. j. Within the entire General Plan boundary and sewer service areas, the City shall avoid increasing the burden on existing septic systems that results from the addition of new plumbing fixtures. k. Subject to the approval of the Stanislaus Local Agency Formation Commission, the City of Modesto will be the sole provider of wastewater services to the area within the City’s Sphere of Influence and sewer service area. l. Prior to annexation, the City must find that adequate wastewater treatment and disposal capacity can be provided for the proposed annexation. m. The City will encourage the regional beneficial reuse of reclaimed water. The City is committed to development of a full reclamation program in the long term. The City will comply with Title 22 standards for use of reclaimed water and criteria contained in the California Department of Public Health (CDPH) “Purple Book.” n. The City shall strive to use land application of biosolids as the most environmentally beneficial reuse of this resource, rather than the disposal options of landfilling or incineration. o. The City shall develop methods to discontinue the current practice of using the sanitary system to temporarily drain stormwater runoff. p. The City shall establish odor buffer zones around primary and secondary wastewater plants, thereby minimizing the likelihood of odors impacting new residential or commercial development. q. The City shall utilize source control and demand management among its tools for accomplishing the most cost-effective wastewater management, protective of public health and the environment. r. The City shall establish 10th percentile river flows as the baseline condition for design to minimize risks of exceeding Waste Discharge Requirements (WDR) and National Pollution Discharge Elimination System (NPDES) permit requirements.
s. According to state law (Senate Bill 1087 of 2004), no provider of wastewater services may deny or condition the approval of an application for services, or reduce the amount of the services applied for, if the proposed development includes housing affordable to lower income households, except upon making specific findings in accordance with SB 1087. #25..
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Table 2-4: Selected City of Modesto General Plan Goals and Policies - Community Services and Facilities (continued) Goal Policy
Wastewater Policies—Planned Urbanizing Area
a. All of the Wastewater policies for the Baseline Developed Area apply within the Planned Urbanizing Area. b. The City of Modesto will require each new development project to be served with public sanitary sewers. Utilities located in private streets shall be part of the public sewerage system and shall be connected to a sewer lateral. c. The City of Modesto will coordinate land development proposals with the expansion of wastewater facilities.

General Storm
Drainage Goal
The City should
have an operating
storm drainage
system that
protects people
and property from
flood damage and
that protects the
environment.

Stormwater Drainage Policies—Baseline Developed Area
a. One-third of the Baseline Developed Area is served by “rock wells.” New rock wells shall be allowed only under very limited circumstances. New storm drainage in the Baseline Developed Area shall be by means of positive storm drainage systems unless otherwise approved by the City Engineer. The new storm drainage facilities shall consider the drainage facility requirements presented in Table 9-1 of the Final Master Environmental Impact Report and the SDMP. This policy applies to both positive storm drainage systems and to new rock wells (which are generally discouraged) in the Baseline Developed Area. b. MID shall be consulted during the preparation of drainage studies required by this General Plan. c. The City shall prevent water pollution from urban storm runoff as established by the Central Valley Regional Water Quality Control Board Basin Plan for surface discharges and the Environmental Protection Agency for underground injection.
d. Stormwater drainage facilities shall be constructed, operated, maintained, and replaced in a manner that will provide the best possible service to the public, as required by federal and state laws and regulations. In developing implementation plans, consideration shall be given to rehabilitation of existing facilities, remediation of developed areas with inadequate levels of drainage service, and the timely expansion of the system for future development. e. The City shall update and maintain its Storm Drainage Master Plan to cover the entire area within the City’s Sphere of Influence. The City of Modesto shall adopt the Storm Drainage Master Plan, in consultation with Stanislaus County, MID, and TID, to address the projected cumulative flows that would be discharged to MID and TID facilities from the urbanized drainage areas. The master drainage program should include the procedures for planning, evaluation, and design of necessary stormwater drainage facilities to ensure that facilities are capable of accommodating the additional flows. The master drainage program should include capital improvement, operations, and maintenance-financing plans necessary to ensure that facilities are constructed in a timely fashion to reduce the impacts from potential flooding problems. f. New development shall comply with City requirements for conveyance, retention, and detention. New development shall include onsite storage of stormwater as necessary. Rock wells shall not be allowed for new development except at infill areas smaller than three acres where no other feasible alternative is available. g. The City Engineer may require stormwater drainage infrastructure master plans for the public infrastructure or when otherwise pertinent to provision of service at adopted service levels for the specific plan areas or other projects depending on site issues and location.
h. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. i. For developments within a mapped 100-year floodplain, studies shall be prepared that demonstrate how the development will comply with both the construction and postconstruction programs under the City's municipal NPDES permit. Developments in these areas shall not lead to increased erosion or releases of other contaminants that would cause violations of the City's municipal NPDES permit. j. The City shall ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures.

Stormwater Drainage Policies—Planned Urbanizing Area
a. All of the Stormwater Drainage policies for the Baseline Developed Area apply within the Planned Urbanizing Area. b. The City of Modesto shall require each new development area to be served with positive storm drainage systems. A positive storm drainage system may be comprised of catch basins, pipelines, channels, recharge/detention basins, and pumping facilities that discharge stormwater to surface waters. New detention basins must typically include new technologies in their design that allow for full, healthy, and sustainable landscaping. The City of Modesto Design Standards for Dual Use Flood Control / Recreation Facilities manual is the guiding document for the development of these facilities. The positive storm drainage facilities shall consider the requirements presented in Table 9-1 of the Final Master Environmental Impact Report and the SDMP. c. The City of Modesto shall require positive storm drainage facilities in the Planned Urbanizing Area. Recharge shall be typically accomplished at recharge/detention basins, designed to be in compliance with applicable federal and state water quality regulations for both groundwater and surface water. d. Where feasible, dual-use flood control/recreation facilities shall be developed (dual-use facilities) as part of the storm drainage system. Dual-use facilities maximize efficient use of land and funds by satisfying needs for water quality, flood control, recreation, and aesthetics within a single consolidated facility. e. Dual-use facilities shall be designed and constructed in accordance with the standards in the City of Modesto Design Standards for Dual Use Flood Control/Recreation Facilities manual and the Open Space and Parks/Planned Urbanizing Area Policy e.
f. New developments shall be required to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit.

Permanent erosion control measures such as seeding and planting vegetation for new cut-and-fill slopes, directing runoff through vegetation, or otherwise reducing the off-site discharge of particulates and sediment are the most effective method of controlling off-site discharges of urban pollutants. #25..
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TODD GROUNDWATER

2.6.1.5. City of Oakdale General Plan
The City of Oakdale is a small community spanning six square miles along the Stanislaus River in the northern region of the Modesto Subbasin (Figure 2-2). Oakdale adopted its 2030 General Plan (ESA, 2013) and anticipates an increase in population from approximately 21,000 in 2011 to 35,000 in 2030. This population growth is expected to require an increase in demand for residential, industrial, public/semi-public, retail and office development.

Oakdale is completely reliant on groundwater for its water supply. The City is surrounded by agricultural lands consisting mostly of orchards. Water resource goals and policies from the Oakdale General Plan are summarized in Table 2-5.
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TODD GROUNDWATER
Table 2-5: Selected City of Oakdale General Plan Goals and Policies Goal Policy
Goal PF-1 A sustainable supply of water delivered through an efficient infrastructure system to meet existing and future needs.

Water Service Policies
PF-1.1 Reliable Supply and Distribution. Maintain a reliable supply of high quality water and a cost-effective distribution system to meet normal and emergency demands in both wet and dry years.

PF-1.2 Urban Water Management Plan. Regularly review and update the City’s Urban Water Management Plan and other water master planning and capital improvement tools to ensure adequate water supply, infrastructure, maintenance, rehabilitation, funding and conservation measures.

PF 1.3 New Development. Require new development to demonstrate the availability of adequate water supply (either existing water supply or provision of new water sources) and infrastructure in accordance with city plans and standards. Ensure that new development constructs, dedicates and/or pays its fair share contribution to the water supply, treatment, storage, and distribution system necessary to serve the demands created by the development.

PF 1.4 Existing OID Facilities. Coordinate with OID on the potential abandonment, relocation and/or reuse of existing facilities and easements within the City where appropriate.

PF-1.5 Water Well Use. Discourage the use of private wells for domestic water use when connection to the City’s water system is feasible.

PF-1.6 Groundwater. Monitor and protect the quality and quantity of groundwater.

PF-1.7 Groundwater Recharge. Preserve areas that provide important groundwater recharge capabilities such as undeveloped open space and natural drainage areas.

PF-1.8 Regional Coordination. Continue to coordinate with other jurisdictions and agencies in preparing, and regularly reviewing and updating regional groundwater management plans to ensure acceptable groundwater quality and to minimize the potential for aquifer overdraft.

PF-1.9 Surface Water. Work with the Oakdale Irrigation District to explore the potential use of surface water as future demands for groundwater increase.

PF-1.10 Drinking Water Standards. Continue to provide domestic water that meets or exceeds state and federal drinking water standards by providing well water treatment, when necessary.

PF-1.11 Energy Efficiency. Employ best practices to maintain the highest possible energy efficiency in the water infrastructure system to reduce costs and greenhouse gas emissions.

Water Conservation Policies
PF-1.12 Water Conservation Programs. Implement the City’s water conservation program and amend the program as appropriate to reflect evolving technologies and best practices, consistent with the Oakdale Climate Action Plan.

PF-1.13 Building and Site Design. Require new development to incorporate water saving techniques such as water efficient fixtures, drought-tolerant landscaping, on-site stormwater capture and re-use, and on-site commercial/industrial water reuse in accordance with state and other relevant standards.

PF-1.14 Recycled Water. Explore opportunities to use recycled water in the city.

PF-1.15 Water Education. Educate residents and businesses about the importance of water conservation and associated techniques and programs.

Goal NR-4: Water Resources and Quality
Water Resource Protection Policies
NR-4.1 Stanislaus River. Protect surface water resources in Oakdale, including the Stanislaus River.

NR-4.2 Groundwater Management Plan. Continue to work with applicable agencies to prepare, regularly review, update, and implement regional groundwater management plans to ensure the sustainability of groundwater quality and quantity.

NR-4.3 Natural Open Space Areas. Preserve areas that provide important groundwater recharge, stormwater management, and water quality benefits such as undeveloped open spaces, natural habitat, riparian corridors, wetlands, and other drainage areas.

WATER QUALITY PROTECTION POLICIES
NR-4.4 National Pollution Discharge Elimination System. Regulate construction and operational activities to incorporate stormwater protection measures and best management practices in accordance with the City’s National Pollution Discharge Elimination System (NPDES) permit.

NR-4.5 Industrial, Agricultural, and Septic System Discharge. Regulate discharge from industrial users, use of agricultural chemicals (pesticides) and use of septic systems in accordance with local and State regulations to protect the City’s natural water bodies.

NR-4.6 Regulation of Runoff. Protect Oakdale’s water resources from contamination by regulating stormwater collection and conveyance to ensure pollutants in runoff have been reduced to the maximum extent practicable.

NR-4.7 New Development. Require new development to protect the quality of surface and groundwater bodies and natural drainage systems through site design, stormwater treatment, low impact development measures, and best management practices.

NR-4.8 Regional Coordination. Coordinate and collaborate with agencies in the region and watershed to address water quality issues.

NR-4.9 Education. Educate the public about practices and programs to minimize surface water and groundwater pollution. #25..
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STRGBA GSA/Tuolumne GSA 2-32
Revised July 2024

TODD GROUNDWATER

2.6.1.6. City of Riverbank General Plan
The City of Riverbank updated its General Plan with a vision from 2005 to 2025 (City of Riverbank, 2009). Riverbank is small community located north of the City of Modesto along the Stanislaus River with a population of approximately 22,000 in 2008. The 2025 vision preserves the small-town character while anticipating population growth to approximately 52,500. Land use changes under the 2005-2025 Riverbank General Plan include residential, open space, commercial, industrial, multi-use recreation, mixed use, parks and civic. Water resources goals and policies from the Riverbank General Plan are summarized in Table 2-6. #25..
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Revised July 2024

TODD GROUNDWATER
Table 2-6: Selected City of Riverbank General Plan Goals, Policies, and Implementation Strategies Table 2-6: Selected City of Riverbank General Plan Goals, Policies, and Implementation Strategies Goal Policy Implementation Strategies
Goal DESIGN-19
Water Quality is
Protected Throughout
the Development
Process and Occupation
of the Site

19.1 The City will establish site design criteria for allowing natural hydrological systems to function with minimum or no modification.

19.2 The City will promote the use of rain gardens, open ditches or swales, and pervious driveways and parking areas in site design to maximize infiltration of storm water and minimize runoff into environmentally critical areas.

19.3 The City will promote inclusion of passive rainwater collection systems in site and architectural design for non-potable water (graywater) storage and use, thereby saving potable (drinking) water for ingestion.

Goal CONS-4
Preserve Habitat
Associated with the
Stanislaus River While
Increasing Public Access

4.1 Approved projects, plans, and subdivisions shall avoid conversion of habitat within the existing Stanislaus River riparian corridor, including Great Valley Mixed Riparian Forest, Great Valley Willow Scrub, and Riparian Scrub areas, and shall preserve an open space buffer along the Stanislaus River and associated riparian areas. The open space buffer shall be designed to avoid impacts to habitat and special status species in the riparian corridor, as specified in Policy CONS 5.1, Policy CONS 5.2, Policy CONS 5.3, and Policy CONS

5.6, based on project specific biological resource assessment. The precise size of buffer from the river and associated riparian corridor is to be determined by site specific analysis. The riparian corridor preservation and open space buffer shall be provided through a permanent covenant, such as a conservation easement and shall also include an ongoing maintenance agreement with a land trust or other qualified nonprofit organization. The preservation of the riparian corridor and ongoing maintenance agreement is required prior to City approval of any subdivision of property or development project located in areas outside City limits as of January 1, 2007 (see Figure CONS-1). Low impact recreation could be allowed in this buffer area to the extent that impacts to these sensitive habitats are avoided or fully mitigated by demonstrating no net loss of habitat functions or value. Urban development shall not be allowed in this buffer area.

4.2 Approved projects, plans, and subdivisions shall provide for collection, conveyance, treatment, detention, and other stormwater management measures in a way that does not decrease water quality or alter hydrology in the Stanislaus River or associated groundwater recharge areas.

1. Development projects and subdivisions will be consistent with and implement land use planning and greenhouse gas emission reduction measures developed pursuant to the regional Sustainable Community Strategy (per SB 375 of 2008), and consistent with Countywide and regional agricultural preservation planning, to the maximum extent feasible. In determining feasibility, there is a recognized need to balance the importance of agricultural resource conservation with other needs of Riverbank, such as State defined affordable housing, air quality, noise, water usage, and other public resources and services.

Goal CONS-6
Maintain or Increase
Surface and
Groundwater Quality
Supply

6.1 The City will require that waterways, floodplains, watersheds, and groundwater recharge areas be maintained in their natural condition, wherever feasible.

6.2 The City will coordinate with appropriate regional, state, and federal agencies to address local sources of groundwater and soil contamination, including underground storage tanks, septic tanks, agriculture, and industrial uses.

6.3 Approved projects, plans, and subdivisions in new growth areas shall incorporate natural drainage system design that emphasizes infiltration and decentralized treatment (rather than traditional piped approaches that quickly convey stormwater to large, centralized treatment facilities).

6.4 The City will encourage the use of permeable surfaces for hardscape. Impervious surfaces such as driveways, streets, and parking lots will be minimized so that land is available for a natural drainage system to absorb stormwater, reduce polluted urban runoff, recharge groundwater, and reduce flooding.

6.5 City street standards and parking requirements will balance the needs of transportation with the full range of community planning issues, including water quality, storm drainage, air quality, and other considerations.

6.6 The City will encourage the use of recycled water for appropriate use, including but not limited to outdoor irrigation, toilet flushing, fire hydrants, and commercial and industrial processes.

6.7 The City will require mitigation measures, in coordination with the Regional Water Quality Control Board, as a part of approved projects, plans, and subdivisions to address the quality and quantity of urban runoff, including that attributable to soil erosion.

3. The City will update the water, wastewater, and stormwater drainage master plans at least every five years to ensure the appropriate level of service is maintained as the City grows, and to ensure that appropriate projects are include in capital improvements planning and can be funded. The City will cooperate with local irrigation districts and public agencies to explore feasible surface water supplies or conjunctive use opportunities. #25..
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Revised July 2024

TODD GROUNDWATER
Table 2-6: Selected City of Riverbank General Plan Goals, Policies, and Implementation Strategies (continued) Goal Policy Implementation Strategies
Goal PUBLIC-2
Adequate Supply of
Quality Water to Serve
Existing and Future
Project Development
Needs

2.1 The City will require that water supply, treatment, and delivery meet or exceed local, State, and federal standards.

2.2 The City will manage and enhance the City’s water supply and facilities to accommodate existing and planned development, as identified in the City’s Water Master Plan, Urban Water Management Plan, and Groundwater Source Efficiency Report.

2.3 New developments shall incorporate water conservation techniques to reduce water demand in new growth areas, including the use of reclaimed water for landscaping and irrigation.

2.4 The City will condition approval of new developments on demonstrating the availability of adequate water supply and infrastructure, including multiple dry years, as addressed in the City’s Water Master Plan, Urban Water Management Plan, and Groundwater Source Efficiency Report.

2.5 The City will not induce urban development by providing water services in areas outside the Planning Area or areas not planned for urban development, such as areas designated for agriculture or open space.

3. The City will update the water, wastewater, and stormwater drainage master plans at least every five years to ensure the appropriate level of service is maintained as the City grows, and to ensure that appropriate projects are include in capital improvements planning and can be funded. The City will cooperate with local irrigation districts and public agencies to explore feasible surface water supplies or conjunctive use opportunities.

Goal PUBLIC-4
Storm Drainage
Systems that Protect
Public Safety, reserve
Natural Resources, and
Prevent Erosion and
Flood Potential

4.1 The City will maintain and improve, as necessary, existing public storm basins and flood control facilities, as identified in the Stormwater Master Plan.

4.2 The City will coordinate with County and Regional agencies, as well as the railroad, in the maintenance and improvement of storm drainage facilities to protect the City’s residents, property, and structures from flood hazards.

4.3 The City will consider a variety of means for floodplain management, depending on the context, which may include development, improvement, and maintenance of structural flood control facilities; land use policy and zoning to prohibit incompatible urban development within the floodplain; erosion control techniques; setbacks from flood-prone areas; and other measures, as circumstances dictate.

4.4 The City will identify areas, such as wetlands, low-lying natural runoff areas, and pervious surfaces and percolation ponds, for natural storm water collection and filtration, in concert with the City’s existing and future drainage infrastructure, to help reduce the amount of runoff and encourage groundwater recharge.

4.5 New development shall be designed to control surface runoff discharges to comply with the National Pollutant Discharge Elimination System Permit and the receiving water limitations assigned by the Regional Water Quality Control Board.

4.6 The City will establish that new development shall implement nonpoint source pollution control measures and programs designed to reduce and control the discharge of pollutants into the City's storm drains and river.

4.7 The City will require minimization of the amount of new impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment and, where feasible, maximize onsite infiltration of stormwater runoff.

4.8 The City will encourage pollution prevention methods, supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close to possible to the source (i.e., the point where water initially meets the ground) to minimize the transport or urban runoff and pollutants off-site.

4.9 The City will require the preservation and, where possible, will encourage that creation or restoration of areas that provide important water quality benefits, such as riparian corridors, wetlands, and buffer zones.

4.10 The City will limit disturbances of natural water bodies and natural drainage systems cause by development, including roads, highways, and bridges.

4.11 The City will require that new development avoid development in areas that are particularly susceptible to erosion and sediment loss; or will require that these areas are identified and protected from erosion and sediment loss.

4.12 The City will encourage and/or require the use of open, vegetated swales, stormwater cascades, and small wetland ponds instead of pipes and vaults, as a part of urban development proposed outside current City limits to mitigate stormwater impacts.

4.13 The City will enforce a no-net-runoff policy for areas proposed for development outside the current City limits.

1. The City will coordinate with area reclamation districts, Stanislaus County, the City of Modesto, and other agencies and jurisdictions for planning and coordinating drainage programs and policies on an areawide and regional basis.
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TODD GROUNDWATER

2.6.1.7. City of Waterford General Plan
Waterford is a small community covering approximately 2.4 square miles along the Tuolumne River with a population of approximately 8,000 (Figure 2-2). In 2017, the City of Waterford updated its General Plan with a vision towards 2025, to plan for future growth that could double, triple or even quadruple its population over the next 20 to 30 years (Waterford Planning Department, 2007). The General Plan anticipates the need for future residential development and recognizes the need to accommodate business and industry.

Waterford is completely reliant on groundwater for water supply. Waterford currently owns and operates its water system, but before July 1, 2015, the City of Modesto provided water service to Waterford. Several policies in the General Plan address water, including Preserve and Enhance Water Quality, Promote Water Conservation Throughout the Planning Area and Use of Sustainable or “Green” Building Principals to Promote Water Conservation.

Selected goals, policies and implementing actions in Waterford’s General Plan are summarized on Table 2-7.

2.6.1.8. Tuolumne River Regional Park Master Plan
The Tuolumne River Regional Park (TRRP) Master Plan was developed in December 2001 for the Joint Powers Authority including the City of Modesto, City of Ceres and Stanislaus County (EDAW, Inc., 2001). The overall goals of the TRRP are to:
• Create a park where the recreational experience is oriented towards and compatible with the Tuolumne River, its water, natural resources, and processes. • Provide a park that is a source of pride for the citizens of Stanislaus County and reflects and accommodates the County’s diverse peoples and cultures. #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 2-36
Revised July 2024

TODD GROUNDWATER
Table 2-7: Selected City of Waterford General Plan Goals, Policies, and Implementing Actions Table 2-7: Selected City of Waterford General Plan Goals, Policies, and Implementing Actions Goal Policy Implementing Actions
Public Services and Facilities
•Adequate Public Services and Facilities to Meet the Needs of the City’s Residents
•Cost-Effective Public Service Delivery Systems and Facilities •Public Services and Facilities Standards that are Applied Uniformly Throughout the City
PF-1.3 Establish and Maintain a Program for Cost Effective Expansion of Municipal Services and Facilities to Meet Future Community Growth Needs.

PF-1.5 Assure that Expansion of the City Results in the Enhancement of Municipal Services and Facilities within Waterford Without Increasing Costs to The Existing City.

PF-1.3.a The City shall prepare and maintain master plans for the provision of sewer, water, storm drainage, streets and roadways and other public facilities and infrastructure for the service of the existing City and for the planned expansion of the City boundaries.

PF-1.5.j Extension of infrastructure to newly annexed areas shall utilize the City’s master plans for sewer, streets, storm drain, water and other infrastructure.

Urban Design
•A Rural Community with a Unique Identity.
•A Well Defined Urban Center.
•An Integrated Community-Well Connected.

UD-10 Maintain and Enhance the Unique Community Appearance of Waterford.

UD-10d. Encourage the development of methods to require acceptable levels of landscaping for new development and for landscaping maintenance in highly visible areas of the community. Landscape designs shall incorporate water conservation and low maintenance features.

Open Space for the Preservation of Natural Resources
•OS-Maintain Waterford’s Biological Resources.
•OS-Maintain a High-Quality, Expanding Urban Forest
•OS-Preserve Scenic Corridors and Resources
•OS-Improve and Enhance Water Quality
OS-A-1a Identify, and recognize as significant, wetland habitats which meet the appropriate legal definition of federal and state law.

OS-A-2 Preserve and Enhance Tuolumne River and Dry Creek in Their Natural State Throughout the Planning Area.

OS-A-2c Encourage alternatives to concrete channeling of existing natural drainage courses as part of any flood control project and support more natural flood control methods.

OS-A-5 Preserve and Enhance Water Quality.

OS-A-5a. Utilize storm water retention basins and other “Best Management Practices” to improve the quality of storm water discharged into the region’s natural surface water system.

OS-A-5b Monitor known sources of groundwater contamination within the City and its future expansion area.

OS-A-5c. Periodically monitor the quality of surface water in the surface water system within the City and implement programs to minimize or eliminate sources of pollution.

OS-A-5d Monitor ground water in areas in and around the City using septic system wastewater disposal systems.

Conservation of Resources
•OS-Conserve Water Resources
•OS-Preserve and Protect Soil Resources
OS-E-1 Promote Water Conservation Throughout the Planning Area. OS-E-1a Develop and enforce water conservation policies and standards.

The City should consider adoption of a water conservation ordinance.

OS-E-1b Develop a Water Efficient Landscaping and Irrigation Ordinance.

Promote the conservation of water and the preservation of water quality by requiring drought tolerant plant material in landscaping and the retention of existing natural vegetation on new development projects.

OS-E-1c Provide leadership in conserving urban water resources.

City buildings and facilities should be equipped with water saving devices whenever practical. Municipal parks and playgrounds should employ water conservation techniques such as mulching, drip irrigation and other appropriate technologies.

OS-E-1d Encourage public water conservation efforts.

Through established public information systems in the community, the City should promote water conservation by providing information on water savings from low-flow fixtures and the value of insulating hot water lines in water re-circulating systems. Other conservation techniques can be addressed, such as the use of non-potable water for landscape irrigation purposes (water re-use, MID water, etc.).

Sustainable Design
•SD-Sustainable “Green” Buildings City of Waterford.
•SD- Application of “Green” or High Performance Building Technology
SD-5.2 Use of Sustainable or “Green” Building Principals to promote Water Conservation.

SD-5.2a. Manage Site Water
Create on-site small scale water features as part of landscape design that can serve as onsite storm water detention and minimize storm-water runoff during peak winter storm periods.

SD-5.2b. Use Gray Water Systems
Design landscape areas to make maximum use of treated wastewater or “purple pipe” systems.

SD-5.2c. Conserve Building Water Consumption
Use low flow water fixtures throughout the building.
#25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 2-37
Revised July 2024

TODD GROUNDWATER

2.6.2. Stanislaus County Discretionary Well Permitting and Management Program Well permitting processes have been established by Stanislaus County to implement countywide groundwater ordinances that prevent export and overdraft and to ensure proper well construction and abandonment for the protection of groundwater resources. These processes are summarized below. Cities maintain control of well permitting within their city limits.

To implement the 2014 Stanislaus County Groundwater Ordinance (described above in Section 2.6.1.3), the County has developed its Discretionary Well Permitting and Management Program to prevent the unsustainable extraction from new wells subject to the Stanislaus County Groundwater Ordinance. The objectives of the Program, as stated in the County Programmatic Environmental Impact Report for the Program (PEIR), are as follows:
• Avoid or minimize potential adverse environmental impacts from the unsustainable extraction of groundwater resources, including, but not limited to, increased groundwater overdraft, land subsidence, uncontrolled movement of inferior quality groundwater, the lowering of groundwater levels, and increased groundwater degradation (Stanislaus County Code § 9.37.020 (4)); and • Avoid or minimize potential adverse economic impacts from the unsustainable extraction of groundwater resources, including, but not limited to, loss of arable land, a decline in property values, increased pumping costs due to the lowering of groundwater levels, increased groundwater quality treatment costs, and replacement of wells due to declining groundwater levels, replacement of damaged wells, conveyance infrastructure, roads, bridges and other appurtenances, structures, or facilities due to land subsidence (Stanislaus County Code § 9.37.020 (5)). (Stanislaus County, March 2018).

The County program is designed to work cooperatively with SGMA and incorporates authorities and requirements provided under this GSP. In brief, the Program involves a discretionary well permitting process in non-exempt areas4 of the County for all non-de minimis extraction in compliance with the Ordinance. After GSP adoption, the discretionary well permit program will apply to the installation of any new well or regulation of groundwater extraction from any existing well if the County reasonably concludes that a new or existing well is not in compliance with the GSP. The program includes a permit renewal process in five-year increments that coincides with the five-year GSP updates required by the GSP regulations.
4 Exempt areas include incorporated areas and areas within the service area of a public water agency in compliance with a Groundwater Management Plan or GSP. #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 2-38
Revised July 2024

TODD GROUNDWATER
The Well Application review process, along with an application package and required mitigation measures, can be downloaded from the Stanislaus County website at:
http://www.stancounty.com/er/pdf/application-packet.pdf.

2.6.3. How the General Plans and the GSP Affect the Other In general, the General Plans reviewed in this section are accommodating population growth in the Subbasin, while preserving other beneficial uses of water by agriculture and the environment, which will result in increased water demands in the Subbasin. However, most of the plans recognize the need for water conservation, alternative supplies, and resource management. Many, especially the more recent plans, acknowledge the need for sustainable groundwater management. Ordinances for Stanislaus County incorporate the GSP planning process and SGMA requirements into specific programs, as described above.

All of the agencies with land use planning responsibilities and authorities are also STRGBA GSA member agencies. In addition, three member agencies (i.e., City of Modesto, OID, and Stanislaus County) are members of GSAs in neighboring subbasins which will help to ensure a high level of coordination in the GSP process. No conflicts between these land use plans and the Modesto Subbasin GSP have been identified.
#25..
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MERCED
TRACY

TURLOCK

EASTERN SAN JOAQUIN

MODESTO

DELTA-MENDOTA
SOLANO
MADERA
Legend
Modesto Subbasin
River
Groundwater Basin/Subbasin
Basin/Subbasin in Critical Overdraft
April 2019 Figure 2-1
Adjacent Basins and
Critically Overdrafted
Basins
(
"N
0 10
Scale in Miles
San Joaquin River
Tuolumne River
Stanislaus River
#25..
- 1694 -
Modesto
Riverbank
Waterford
Del Rio
Empire
Salida
West Modesto
Oakdale
Legend
City of Modesto
City of Oakdale
City of Riverbank
City of Waterford
Modesto ID
Oakdale ID
Stanislaus County
Tuolumne County
Modesto Subbasin
(
"N
0 4
Scale in Miles
Stanislaus Co.

S
Merced Co.
an Joaqu in River
January 2020 Figure 2-2
Jurisdictional
Boundaries
Tuolumne Co.

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Tuol umne River
Stan islaus River
#25..
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Legend
River
Federal Land
State Park
CDFW Owned and Operated
Lands
Flood Local Maintenance Areas
California Conservation
Easements
Modesto Subbasin
(
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0 4
Scale in Miles
San Joaqu in River
April 2019 Figure 2-3
CDFW Lands,
Protected Lands,
and Federal Lands
Tuol umne River
Stanislaus River
#25..
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Legend
Modesto Subbasin
Rivers
Major Crop Type
Citrus
Deciduous/Almond
Field/Corn
Grain/Dry Bean
Pasture
Truck
Vine
Urban
(
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0 4
Scale in Miles
San Joaqu in River
January 2020 Figure 2-4
Existing Land
Use (2017)
Tuol umne River
Stanislaus River
Source: Stanislaus County
Land Use Dataset, 2017
#25..
- 1697 -
(
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0 4
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San Joaqu in River
April 2019 Figure 2-5
Prime Farmland
FMMP Land Uses (2016)
Tuol umne River
Stanislaus River
Source: California Farmland Mapping and
Monitoring Program (FMMP), 2016
Legend
Modesto Subbasin
Rivers
FMMP Land Use
Confined Animal Agriculture
Urban
Prime Irrigated Farmland
Unique Farmland
Grazing Land (Non-irrigated)
Rural Residential
Vacant/Disturbed Land
Water
Nonagricultural/Natural Vegetation
Semi-Agricultural and Rural Commercial
#25..
- 1698 -
Legend
Modesto Subbasin
Rivers
Major Crop Type
Citrus
Deciduous/Almonds
Field/Corn
Grain/Dry Bean
Idle
Pasture
Rice
Truck
Vine
Water
Urban
(
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0 4
Scale in Miles
San Joaqu in River
January 2020 Figure 2-6
1996
DWR Land Use Map
Tuol umne River
Stanislaus River
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Path: \\todd-file\data\Projects\Modesto GSP 74305\GRAPHICS\Figure 2-7 Number of Wells Drilled in Modesto Subbasin.gpj November 2021 Figure 2-7
Number of Wells
Drilled in
Modesto Subbasin
0 50
100
150
200
250
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Number of Wells Drilled
1948195019521954195619581960196219641966196819701972197419761978198019821984198619881990199219941996199820002002200420062008201020122014201620182020 Source: DWR Well Completion Report Database.
#25..
- 1700 -
April 2019 Figure 2-8
Modesto
Subbasin Wells
pre-2000
2000-2018
Source: DWR Well Completion Report Database
#25..
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MID Main Canal
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San Joaqu in River
April 2019 Figure 2-9
Surface Water
and Conveyance
Tuol umne River
Stanislaus River
Modesto Reservoir
Legend
! Hetch Hetchy Aqueduct
Lake
Creek
River
Modesto Subbasin
Lined Canal and Pipeline
Unlined Canal
#25..
- 1702 -
San Joaqu in River
Figure 2-10
Public Water
Supply Systems
Tuol umne River
Stanislaus River
December 2021
Legend
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City Systems
River
Modesto Subbasin
(
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0 4
Scale in Miles
#25..
- 1703 -
Legend
Modesto Subbasin
Production Well Count
1 - 5
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11 - 15
16 - 20
21 - 25
26 - 30
31 - 100
> 100
(
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0 4
Scale in Miles
April 2019 Figure 2-11
Production Well
Density
Source: DWR Well Completion
Report Map Application
Number of wells per square mile
#25..
- 1704 -
Modesto
Oakdale
Riverbank
Waterford
Legend
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City Boundary
Public Supply Well Density
1 - 5
6 - 10
11 - 15
16 - 20
21 - 25
26 - 30
>30
(
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0 4
Scale in Miles
April 2019 Figure 2-12
Public Supply
Well Density
Source: DWR Well Completion
Report Map Application
Number of wells per square mile
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Modesto Subbasin
(
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0 4
Scale in Miles
San Joaqu in River
April 2019 Figure 2-13
Municipal
Supply Wells
Tuolumn e River
Stanislaus River
#25..
- 1706 -
Legend
Modesto Subbasin
Domestic Well Count
1 - 5
6 - 10
11 - 20
21 - 30
31 - 40
41 - 50
51 - 100
> 100
(
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0 4
Scale in Miles
April 2019 Figure 2-14
Domestic Well
Density
Source: DWR Well Completion
Report Map Application
Number of wells per square mile
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Legend
!( Stanislaus County - Dry Well
River
Modesto Subbasin
(
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0 4
Scale in Miles
San Joaqu in River
April 2019 Figure 2-15
Reported Dry Wells
in Stanislaus County
2014 - 2017
Tuolumn e River
Stanislaus River
#25..
- 1708 -
Legend
UV120
?Î
?Î ¬«33
UV132
UV108
Depth To Water (Feet, 2015)
< 20
20 - 40
40 - 60
60 - 80
80 - 100
100 - 120
120 - 140
140 - 160
160 - 180
180 - 200
200 - 220
220 - 240
240 - 260
260 - 280
> 280
Water Column Thickness (number of wells)
> 200 Feet (165)
100 - 200 Feet (767)
50 - 100 Feet (864)
0 - 50 Feet (466)
<= 0 Feet (Potentially Dry) (30)
Construction unknown (50)
Potentially Dry Well (30)
Corcoran Clay Extent (Burow et al., 2004)
(
"N
0 4
Scale in Miles
December 2021 Figure 2-16
Domestic Wells
Constructed
Before 2015
Notes:
30 potentially dry wells are circled in red. These well depths appear to be below 2015 water levels.

Some red circles include more than one potentially dry well. #25..
- 1709 -
Legend
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?Î ¬«33
UV132
UV108
Depth To Water (Feet, 2015)
< 20
20 - 40
40 - 60
60 - 80
80 - 100
100 - 120
120 - 140
140 - 160
160 - 180
180 - 200
200 - 220
220 - 240
240 - 260
260 - 280
> 280
Water Column Thickness (number of wells)
> 200 Feet (59)
100 - 200 Feet (115)
50 - 100 Feet (15)
0 - 50 Feet (6)
<= 0 Feet (Potentially Dry) (2)
Construction unknown (14)
Corcoran Clay Extent (Burow et al., 2004)
(
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0 4
Scale in Miles
December 2021 Figure 2-17
Domestic Wells
Constructed
Since 2015 Note: Some newer wells remain vulnerable to significant declines in local areas (red circles). #25..
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Legend
!( Recently Monitored Wells (2015-Present)
!( CASGEM Wells
Modesto Subbasin
San Joaqu in River
November 2021
Tuolumn e River
Stanislaus River
Figure 2-18
CASGEM Monitoring
Wells and Recently
Monitored DWR Wells
(
"N
0 4
Scale in Miles
#25..
- 1711 -
Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-1
Revised July 2024

TODD GROUNDWATER

3. BASIN SETTING
The Modesto Subbasin of the San Joaquin Valley Groundwater Basin (DWR Basin 5-22.02) is approximately 247,000 acres (385 square miles) and located in the northern San Joaquin Valley in Stanislaus County. It is bordered by the Stanislaus River on the north, Tuolumne River on the south, San Joaquin River on the west and the foothills of the Sierra Nevada on the east. The Subbasin is categorized as high priority in DWR’s 2019 Basin Prioritization (DWR, 2019a) based on its:
• number of public supply wells: 194 or 0.5 per square mile (DWR prioritization score of 4 out of 5);
• number of production wells: 4,009 or 10.5 per square mile (score of 4 out of 5); • irrigated acreage: 119,066 acres or 311 acres per square mile, covering approximately 48 percent of the Subbasin (score of 4 out of 5); • groundwater use: 216,522 AF or 0.88 AF per acre (score of 5 out of 5); and • declining groundwater levels: long term hydrographs show groundwater level decline.

Although categorized as high priority, the Subbasin is not one of the 21 groundwater basins determined by DWR to be critically overdrafted5
. To mitigate potential future overdraft and
provide a foundation for sustainable groundwater management in this high priority Subbasin, the physical conditions associated with the groundwater system, referred to as the Basin Setting, are documented and described herein. The Basin Setting consists of three interrelated analyses:

1. Hydrogeologic Conceptual Model, which provides a physical description of the groundwater Subbasin including the geologic and hydrogeologic setting, basin geometry and principal aquifers.

2. Groundwater Conditions, which describes groundwater occurrence and flow, groundwater levels and quality, and interconnected surface water.

3. Water Budgets, which provide an accounting of inflows and outflows of the surface water and groundwater systems for historical, current, and future conditions.

Because the water budget analysis is relatively complex, water budgets are presented in a separate Section 4 of this GSP. The hydrogeologic conceptual model and groundwater conditions are described in the following sections.

3.1. HYDROGEOLOGIC CONCEPTUAL MODEL
The development of the hydrogeologic conceptual model is based on an analysis of the regional geologic and structural setting, physical setting, basin boundaries, and principal 5 Two adjacent subbasins, Delta-Mendota and Eastern San Joaquin, have been designated as critically overdrafted.
#25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-2
Revised July 2024

TODD GROUNDWATER
aquifers and aquitards. Key building blocks of the hydrogeologic conceptual model include the development of new hydrogeologic cross sections and analyses conducted by others, including published technical studies, data, and maps, along with data provided by member agencies of the STRGBA GSA.

3.1.1. Regional Geologic and Structural Setting
The Modesto Subbasin is in the northeastern San Joaquin Valley where valley-fill sediments overlie consolidated, westward-dipping sedimentary units and basement rock of the Sierra Nevada. Older units crop out in the eastern subbasin and dip west-southwest into the San Joaquin Valley below younger units. The surface geology of the Modesto Subbasin, showing relatively older units in the east and younger units in the west, is shown on Figure 3-1.

The San Joaquin Valley is a large northwest-trending structural trough in the southern Central Valley, up to 200 miles long and 70 miles wide and filled with marine and continental sediments up to 6 miles thick (Burow et al., 2004). It evolved during the Cenozoic era from tectonic activity and changes in sea level and climate (Bartow, 1991).

Tectonic processes included basin subsidence, uplift of the Sierra Nevada and Coast Ranges, and associated deformation (Burow et al., 2004).

Bartow (1991) divides the San Joaquin Valley into five regions based on structural style. The Modesto Subbasin is within the northern Sierran block, which extends from the Stockton arch on the north to Fresno on the south This region is the least deformed area of the San Joaquin Valley (Bartow, 1991). Deformation in this region consists mostly of a southwest tilt and minor late Cenozoic normal faulting (Bartow, 1991). The normal faulting is mostly within the foothills, a result of the valley side of the Sierra block subsiding faster than the Sierra Nevada was rising (Bartow, 1991). Faults in the foothills, east of the Subbasin, are shown on Figure 3-1.

Geologic units along the eastern subbasin boundary represent the oldest units in the Subbasin and include the Valley Springs Formation of Late Miocene age and the underlying Ione Formation of Middle Eocene age. These two formations are labeled Tvs and Ei on Figure 3-1, respectively. These consolidated units were formed from mostly non-marine sediments and represent both the eastern lateral extent and the local bottom of the groundwater basin. Jurassic-age metamorphic and volcanic rocks of the Sierra Nevada are in contact with these formations to the east and underlie them locally. In general, the eastern groundwater basin boundary is coincident with the base of the Ione Formation, which crops out along the eastern boundary (Figure 3-1).

The Mehrten Formation (late Miocene) crops out along a small portion of the northeastern Subbasin boundary, but primarily crops out as remnant hills in the eastern Subbasin (Tm on Figure 3-1). This consolidated unit includes fluvial deposits (sandstone and conglomerates) consisting of eroded andesite and other rocks associated with volcanic eruptions in the adjacent Sierra Nevada. The re-working of andesite has produced distinctive black sands, which are locally well-sorted with relatively high permeability. These zones represent the #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-3
Revised July 2024

TODD GROUNDWATER
primary aquifer system in the eastern Subbasin, especially in areas where the younger overlying sediments (discussed below) are unsaturated.

The younger geologic units in the Subbasin include alluvial sediments of Neogene (Pliocene) and Quaternary (Pleistocene and Holocene) age, including Quaternary alluvium deposited along the Stanislaus and Tuolumne rivers (shown in light yellow and labeled Q on Figure 3-1) and other alluvial/riverbank/terrace deposits. These additional deposits are also identified on Figure 3-1 where they occur at the surface, and are listed below from oldest to youngest:
• Laguna Formation (Pl) of Pliocene age,
• Turlock Lake Formation (Qtl) of Early Pleistocene age, • Riverbank Formation (Qr) of Middle Pleistocene age and • Modesto Formation (Qm) of Late Pleistocene age.

The Corcoran Clay represents a regional aquitard in the upper part of the Turlock Lake Formation. The Corcoran Clay is a laterally-extensive clay unit deposited by an ancient lake that covers over 4,000 square miles in the San Joaquin Valley. It occurs beneath the western Subbasin and pinches out in the subsurface near Highway 99. The Corcoran Clay does not crop out and, as such, does not appear on Figure 3-1.

The Modesto Formation (Qm) is the primary surficial geologic unit in the western Subbasin.

Younger alluvium (Q) is present along the Stanislaus and Tuolumne rivers and the Dos Palos Alluvium (Qdp) is present along the San Joaquin River.

The younger geologic units, including the Modesto Formation (Qm), Turlock Lake Formation (Qtl), Riverbank Formation (Qr), and Mehrten Formation (Tm) have been associated with high quality groundwater as characterized by total dissolved solids (TDS). The underlying older units of the Valley Springs Formation (Tvs) and the Ione Formation (Ei) have been associated with higher mineral and salt content. The hydrogeology and groundwater conditions in the Modesto Subbasin aquifer units are described in more detail in subsequent sections of the Basin Setting.

3.1.2. Physical Setting

3.1.2.1. Precipitation and Average Hydrologic Conditions The Modesto Subbasin is characterized as a Mediterranean-type climate with hot, dry summers and cool, wet winters, with most of the precipitation occurring between November and March.

Figure 3-2 illustrates annual precipitation in the Modesto Subbasin on a water year (WY) basis from WY 1990 through 2017 as measured at the Modesto Irrigation District weather station in Modesto. The chart on Figure 3-2 illustrates the variability in precipitation, from approximately 7.0 inches in WY 2014 to more than 24 inches in WY 1998. The long-term average rainfall in the Modesto Subbasin is about 12.6 inches per year based on data from 1961 – 2015. A Study Period from WY 1991 through WY 2015 has been selected #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-4
Revised July 2024

TODD GROUNDWATER
for GSP analyses that is representative of average hydrologic conditions. The Study Period also overlaps the time period of a regional groundwater model being develop for the GSP and is associated with a relatively large amount of available data. As indicated on Figure 3-2, the average annual precipitation during the Study Period is 12.8 inches per year, which is within two percent of the long-term average.

Annual precipitation data on Figure 3-2 is color-coded based on water year type using the San Joaquin Valley WY hydrologic classification indices (CDEC, 2018): wet (blue), above normal (green), below normal (brown), dry (yellow), and critically dry (red). The San Joaquin Valley WY indices do not always correlate directly with precipitation measured in the Modesto Subbasin because the indices are based on runoff from several rivers, including the Stanislaus, Tuolumne, Merced, and San Joaquin Rivers.

However, the indices are a useful benchmark for establishing consistent water year types across numerous subbasins in the San Joaquin Valley.

Figure 3-2 shows that the wettest water years, with precipitation above 15 inches per year, occurred in water years 1993, 1995, 1996, 1998, 2000, 2005, 2010, 2011, 2016 and 2017 (all of which are designated as wet or above normal water year types, except water year 2016). The driest years, with precipitation less than 9 inches per year, occurred in water years 1990, 1991, 2004, 2007, 2009 and 2014 (all of which are designated as critically dry or dry water year types, except 2009).

Data from the PRISM Climate Group were compiled to evaluate spatial variability of precipitation across the Subbasin. These data are based on application of an interpolation model, Parameter-elevation Relationships on Independent Slopes Model (PRISM), to detailed datasets from 1895 to present as developed by Oregon State University and the U.S.

Department of Agriculture. A PRISM isohyetal map showing 30-year average annual precipitation from 1981 – 2010 across the Subbasin is presented on Figure 3-3. This period is slightly wetter than the long-term average but provides the most complete data set for evaluation across the Subbasin.

As shown on Figure 3-3, the average annual precipitation varies across the Subbasin, increasing with topography from west to east. Average precipitation ranges from approximately 11 inches per year along the western Subbasin boundary to approximately 21 inches per year along the eastern boundary.

3.1.2.2. Topography
The Modesto Subbasin extends from the Sierra Nevada foothills to the San Joaquin Valley floor. Ground surface elevations dip to the west, from approximately 650 feet mean sea level (msl) in the foothills to less than 20 feet msl along the San Joaquin River. A Digital Elevation Map (DEM) of Subbasin topography based on the United States Geological Society (USGS) National Elevation Dataset (NED) is provided on Figure 3-4 and illustrates these ground surface elevations.

The western Subbasin is relatively flat. Ground surface elevations rise from about 20 feet msl along the San Joaquin River to about 200 feet msl near the center of the Subbasin. The #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-5
Revised July 2024

TODD GROUNDWATER
topography in the eastern Subbasin is hilly and dissected by small drainages and by Dry Creek, a larger drainage and tributary of the Tuolumne River (Figure 3-4). The topography in the eastern Subbasin represents the transition from San Joaquin Valley floor to the Sierra Nevada foothills.

To better illustrate the ground surface elevations, four topographic profiles were generated from the NED. These profiles are illustrated on Figure 3-5. Profile 1-1’ is along the center of the Subbasin from southwest to northeast and profiles 2-2’, 3-3’ and 4-4’ extend from northwest to southeast across the Subbasin in the western, central and eastern Subbasin.

Profile 1-1’ illustrates the rise in ground surface elevations from the San Joaquin River to the eastern Subbasin. Ground surface elevations range from about 20 to 500 feet msl along this profile. This profile illustrates the relatively gradual and uniform elevation gain in the western Subbasin and the hilly, dissected terrain in the east.

Profile 2-2’ illustrates the Stanislaus and Tuolumne river channels and the flat topography between these channels in the western Subbasin. The ground surface elevations along this profile are relatively flat, sloping from approximately 100 feet msl near the Stanislaus River to approximately 90 feet msl along the Tuolumne River. On this profile, the Stanislaus River channel is wider and shallower than the Tuolumne River channel.

Profile 3-3’ illustrates the ground surface elevations in the central Subbasin On this profile, the ground surface slopes from about 170 feet msl along the Stanislaus River to approximately 135 feet msl along Dry Creek. The ground surface between Dry Creek and the Tuolumne River is relatively flat. The topography along this profile is more variable, marking the transition from the flat western Subbasin to the hilly eastern Subbasin. On this profile, the Stanislaus River channel is wider and deeper than the Tuolumne River channel.

Profile 4-4’ illustrates the higher elevations and more topographic relief in the eastern Subbasin. The dissected nature of the eastern hills is evident on the northern portion of the profile. Ground surface elevations along this profile vary from approximately 200 feet msl near the Stanislaus River to almost 500 feet msl between the Stanislaus River and Dry Creek.

Ground surface elevations decline to about 200 feet msl at Dry Creek and remain relatively flat between Dry Creek and the Tuolumne River. On this profile, the Tuolumne River channel is wider and deeper than the Stanislaus River channel.

3.1.2.3. Soils
Soil textures from the Soil Survey Geographic (SSURGO) database for Stanislaus County, as developed by the U.S. Department of Agriculture Natural Resources Conservation Service (USDA), are illustrated on Figure 3-6. Soil textures are color-coded and listed in the legend by increasing grain size (texture). Most of the Subbasin is covered by silty sands (brown shading), clayey sands (dark blue shading), and clayey, silty sands (grayish blue shading).

There are coarser-grained soils along the Stanislaus and Tuolumne rivers in the form of gravel and sand (red shading) along the upstream reaches and poorly graded sand and silt (yellow shading) along the middle reaches. The eastern Subbasin is dominated by clay (black shading), clay and silt (brown shading) and coarser-grained silty gravels (pink #25..
- 1716 -
Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-6
Revised July 2024

TODD GROUNDWATER
shading). Fine grained soils are present along the San Joaquin River in the form of clayey and silty sands (blue shading) and clay and silt (dark brown shading). The clay-rich soils in the west along the San Joaquin River limit infiltration and create localized perched conditions.

The USDA soil data shows that the eastern Subbasin is widely covered by low permeability surficial zones, generally referred to as “hardpan.” These are considered restrictive layers in that they restrict or prevent surface water infiltration and serve to reduce groundwater recharge from precipitation or streamflow. The surficial occurrence of these materials is illustrated on Figure 3-6 by cross hatching. Except for small areas near the Stanislaus and Tuolumne rivers and Dry Creek, most of the eastern Subbasin is covered by restrictive layers.

3.1.2.4. Surface Water Bodies and Water Conveyance
The Modesto Subbasin is bounded by rivers on three sides: the Stanislaus River on the north, the Tuolumne River on the south and the San Joaquin River on the west. The Modesto Subbasin is also internally drained by numerous small drainageways, the largest of which is Dry Creek. The Stanislaus and Tuolumne rivers originate in the Sierra Nevada and are tributaries of the San Joaquin River.

The Stanislaus River drains a watershed of about 1,051 square miles to the confluence of the San Joaquin River near Vernalis (Burow et al., 2004). Streamflow on the Stanislaus River ranges between 100 cubic feet per second (cfs) and 10,000 cfs (Phillips et al., 2015). The Tuolumne River drains a watershed of approximately 1,635 square miles and flows to the confluence of the San Joaquin River near Grayson (Burow et al., 2004). Typical average monthly streamflow in the Tuolumne River ranges from 100 to 400 cfs during low streamflow to more than 1,000 cfs, and sometimes more than 10,000 cfs, during high streamflow (Phillips et al., 2015).

The San Joaquin River is the primary drainage for the northern San Joaquin Valley and flows north into the Sacramento-San Joaquin River Delta and San Francisco Bay. Streamflow on the San Joaquin River from 1960 to 2004 ranged from less than 100 cfs upstream of the Merced River to more than 40,000 cfs downstream of the Stanislaus River (Phillips et al., 2015).

Water is diverted from both the Stanislaus and Tuolumne rivers for irrigation and municipal supply within the Subbasin. OID diverts water from the Stanislaus River at the Goodwin Dam into the South Main Canal, which serves agricultural irrigation water throughout OID within the Modesto Subbasin (Davids Engineering, Inc, 2016). Water flows from these canals through a system of unlined earthen ditches, concrete-lined canals, low-head pipelines and gates. Irrigation tailwater is reclaimed by OID using reclamation pumps or discharged to other landowners or irrigation districts via drainage canals. MID diverts water from the Tuolumne River at the La Grange Diversion Dam into the MID Upper Main Canal and onto the Modesto Reservoir (Provost & Pritchard, 2015). Most of the diverted water is used for irrigation, but approximately 20 percent is treated at the Modesto Regional Water #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-7
Revised July 2024

TODD GROUNDWATER
Treatment Plan and delivered to the City of Modesto. MID delivers water through a network of lined and unlined canals, pipelines and drains.

3.1.3. Basin Boundaries
In order to define the subsurface lateral and bottom boundaries of the Modesto Subbasin, numerous features of the Subbasin are considered including the surficial river boundaries, the physical contact between the alluvial aquifers and basement rocks of the Sierra Nevada, and groundwater quality changes with depth. These considerations are discussed in the following sections.

3.1.3.1. Lateral Boundaries
Although the surficial river boundaries along the Stanislaus, Tuolumne, and San Joaquin rivers do not represent the extent of the Subbasin aquifers in the subsurface, they do represent important institutional boundaries and authorities for groundwater management.

Accordingly, these boundaries are projected vertically in the subsurface to define the Subbasin lateral boundaries for groundwater management purposes.

The eastern Subbasin boundary generally follows the contact of Subbasin sedimentary deposits with the crystalline basement rocks of the Sierra Nevada, specifically the Jurassicage Gopher Ridge Volcanics (Jgo) Figure 3-1. The eastern Subbasin boundary is primarily coincident with the base of the Ione Formation (Ei), which crops out along the boundary and overlies the crystalline basement rocks. The extent of this lateral boundary contact into the subsurface is not known with certainty but is assumed to be relatively steep. The northeastern Subbasin boundary is coincident with outcrops of both the Mehrten Formation (Tm) and the Table Mountain Latite (Mtm) volcanic rocks. Increasing salinity with depth may control the extent of this lateral boundary as discussed in more detail below.

3.1.3.2. Basin Bottom
The sedimentary units of the Modesto Subbasin likely extend several thousand feet into the subsurface. Therefore, using the contact between these units and crystalline basement rocks may not be appropriate for defining a basin bottom for management purposes. It has been well-documented by USGS (Page, 1973) and others that groundwater salinity in the San Joaquin Valley increases significantly with depth, often creating an operational bottom of the basin. The base of fresh water has been mapped by USGS and used in Central Valley subbasins to define the basin bottom. This map has been incorporated and extended by DWR in support of its regional central valley model C2VSim, the same model being revised and applied for the Modesto Subbasin GSP. Because the analysis for C2VSim provides a base of fresh water over the entire Subbasin, this model surface has been selected as a tentative basin bottom for GSP management purposes. Elevations defining that surface are reproduced on Figure 3-7 and explained in more detail below.

A map on the base of fresh water was first developed on a San Joaquin Valley-wide basis by the USGS in 1973 (Page, 1973). The map was based on a specific conductance value of 3,000 micromohs per centimeter (umhos/cm), which is equivalent to a TDS range of about 2,000 to 2,880 milligrams per liter (mg/L), or parts per million (ppm), varying with temperature #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-8
Revised July 2024

TODD GROUNDWATER
and differences in water chemistry. The map was highly detailed in some areas of the valley but only sparsely controlled in others, including the Modesto Subbasin. The few contours from the Page (1973) map that are near or within the Modesto Subbasin are reproduced in red on Figure 3-7. These contours are along the western Subbasin boundary and indicate that the elevation of the base of fresh water is between -400 and -600 feet mean sea level6 (ft msl). The elevation of the base of fresh water continues to decline west of the western Subbasin boundary to an elevation of -800 feet msl.

Figure 3-8 illustrates the layers of the C2VSim model. As shown, the model is composed of five layers representing four aquifer layers and one aquitard: the unconfined aquifer (L1), Corcoran Clay (A2), primary shallow pumping layer (L2), deeper pumping layer (L3), and saline aquifer (L4). The base of the deeper pumping layer (L3) represents the base of fresh water. Figure 3-7 shows elevation contours of the base of fresh water (base of L3) from C2VSim. The Page (1973) contours along the western Subbasin boundary are about 100 to 300 feet higher than in C2VSim. However, the elevation of the base of fresh water used in the C2VSim model represents the best available information for the base of fresh water and the operational bottom of the Subbasin.

As indicated on Figure 3-7, this Subbasin operational bottom is an undulating surface with the deepest portion occurring in the central Subbasin. Along the eastern Subbasin boundary, the bottom of the Subbasin is at approximately -600 feet msl. It rises slightly and then dips westward to an elevation of approximately -1,000 ft msl in the central Subbasin.

The Subbasin bottom then gradually rises to an elevation of approximately -700 ft msl along the western Subbasin boundary.

3.1.3.3. Areas of Recharge and Discharge
Prior to groundwater use in the Modesto Subbasin, groundwater was recharged primarily in the eastern Subbasin where the Stanislaus and Tuolumne rivers entered the Subbasin.

Groundwater flowed from these areas to the west (Burow et al., 2004). Artesian conditions occurred in the western Subbasin from upward movement of groundwater from the confined aquifer (Burow et al., 2004).

Since groundwater use began, deep percolation from irrigation is the primary source of recharge to the Subbasin and pumping (municipal, domestic, agricultural and drainage) is the primary source of discharge (Burow et al., 2004). Currently, there is apparent downward flow of groundwater in the western Subbasin where artesian conditions were historically documented. Downward gradients are apparently created from pumping beneath the Corcoran Clay, including areas on the west side of the San Joaquin River (Burow et al., 2004).

Other sources of recharge include deep percolation of precipitation, underflow from the foothills, Modesto Reservoir leakage, leakage from unlined canals, and seepage from rivers and streams. Modesto Reservoir leakage was estimated by Modesto Irrigation District to be 6 Elevations represented as negative numbers in this GSP represent elevations below mean sea level and are denoted as -400 ft msl, for example.
#25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-9
Revised July 2024

TODD GROUNDWATER
approximately 24,000 acre-feet per year (Phillips et al., 2015). Other sources of discharge include flow into the downstream (western) reaches of the Stanislaus and Tuolumne rivers, flow into the San Joaquin River, underflow beneath the western Subbasin boundary, flow out of subsurface drains and consumption by riparian vegetation.

3.1.4. Principal Aquifers and Aquitards
As mentioned previously, the Corcoran Clay represents the primary aquitard in the Subbasin and separates the alluvial aquifers above and below the clay, creating confined conditions at depth in the western Subbasin where the Corcoran Clay occurs. The Corcoran Clay does not extend into the eastern Subbasin, and no additional regional aquitard has been defined in this area. Accordingly, the Corcoran Clay defines two aquifer systems in the western Subbasin, but aquifers are more hydraulically connected in the eastern Subbasin where the regional clay is absent.

Recognizing these conditions, , three principal aquifers are defined in the Subbasin for the purposes of this GSP and future management of groundwater under SGMA. These three aquifers are defined as follows:
• Western Upper Principal Aquifer – unconfined aquifer above the Corcoran Clay. • Western Lower Principal Aquifer – confined aquifer below the Corcoran Clay. • Eastern Principal Aquifer – unconfined to semi-confined aquifer system east of the extent of the Corcoran Clay.

The definition of these three Principal Aquifers is consistent with the Principal Aquifer definitions for the Turlock Subbasin GSP, allowing for consistent interpretations along the shared Tuolumne River boundary. The Principal Aquifers in the Eastern San Joaquin Subbasin are different because the Corcoran Clay is only found in the southwest corner of the Subbasin. The Eastern San Joaquin GSP defines one principal aquifer the provides water from three production zones: a Shallow Zone, Intermediate Zone and Deep Zone.

The Western Upper Principal Aquifer and the Eastern Principal Aquifer are composed of Plio-Pleistocene- to Holocene- age alluvial sediments of the Modesto, Riverbank, Turlock Lake formations, and younger alluvium (where saturated). Not all of these alluvial sediments are present everywhere within the Eastern Principal Aquifer due to erosion or non-deposition. The base of the Western Principal Aquifer is the Corcoran Clay. The Eastern Principal Aquifer (east of the Corcoran Clay) also includes the Laguna, Mehrten and older formations that extend to the operational bottom of the Subbasin (i.e., base of fresh water).

The Modesto, Riverbank and Turlock Lake formations form sequences of overlapping terrace and alluvial fan deposits in response to cycles of alluviation, soil formation and channel incision influenced by changes in climate and glacial stages in the Sierra Nevada (Jurgens et al., 2008). The Modesto Formation forms a thin veneer at the surface, approximately 20 feet thick (Jurgens et al., 2008) throughout most of the western Subbasin (Burow et al., 2004). The Modesto Formation is composed of fluvially-deposited arkosic sand, gravel and #25..
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Modesto Subbasin GSP
STRGBA GSA/Tuolumne GSA 3-10
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TODD GROUNDWATER
silt and its lithology is similar to the underlying Riverbank, Turlock Lake, and Laguna formations (Burow et al., 2004). Where saturated, the Modesto Formation yields moderate amounts of water (Burow et al., 2004).

The Riverbank Formation is also composed of fluvial arkosic sand, gravel and silt and varies in thickness from approximately 150 to 250 feet (Burow et al., 2004). Its depositional dip is slightly steeper than the Modesto Formation, resulting in westward thickening of the deposits. The formation yields moderate quantities of water.

The Turlock Lake Formation is the most developed aquifer in the western Subbasin, both within the Western Upper Principal Aquifer and the Eastern Principal Aquifer, yielding up to 2,000 gallons per minute (gpm) from gravel and sand units (Burow et al., 2004). Similar to the Modesto and Riverbank formations, the Turlock Lake Formation is composed of a coarsening-upward sequence of silt, arkosic sand, and gravel layers (Burow et al., 2004).

The Western Lower Principal Aquifer consists of the Turlock Lake Formation below the Corcoran Clay, the Laguna Formation and the underlying Mehrten Formation. Both the Western Lower Principal Aquifer and the Eastern Principal Aquifer extend to the base of fresh water, which is located within or below the Mehrten Formation, respectively.

The Laguna Formation is composed of alluvial deposits of gravel, sand, and silt in at least two coarsening-upwards sequences (Burow et al., 2004). Laguna Formation sediments are more consolidated than the younger overlying formations (Jurgens et al., 2008) and yield variable amounts of water (Burow et al., 2004). The Laguna Formation is commonly mapped as part of the Turlock Lake Formation in the Modesto area (Burow et al., 2004).

The Laguna Formation is not clearly identifiable from adjacent units in areas to the east where it crops out at the surface (Burow et al., 2004).

USGS indicates that the Eastern Principal Aquifer is unconfined and becomes semi-confined with depth due to numerous discontinuous clay lenses and extensive paleosols (Burow et al., 2004). In addition, the Mehrten Formation is more consolidated than the overlying formations and the sand beds are generally thin, so the degree of hydraulic connection between the Mehrten and overlying deposits is not well understood (Burow et al., 2004).

However, many wells in the Eastern Principal Aquifer are screened in both the Mehrten Formation and overlying younger formations, where present, providing for some hydraulic connection in wells. Further, these wells provide average water levels across these zones and would represent a combined aquifer system for managing water levels. In the absence of a defined aquitard, it is likely that there is hydraulic connection among the formations, especially where the shallow formations thin to the east.

The Corcoran Clay is defined in this GSP as the only principal aquitard, which delineates the base of the Western Upper Principal Aquifer and the top of the Western Lower Principal Aquifer. The eastern edge of the Corcoran Clay is oriented from northwest to southeast, approximately parallel to the axis of the Valley (Burow et al., 2004). Where present, the blue lacustrine Corcoran Clay is up to 100 feet thick and occurs at depths ranging from 80 to #25..
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210 feet (Burow et al., 2004). The Corcoran Clay is generally well sorted clay to silty clay but becomes siltier and grades into coarser textures along the edges (Burow et al., 2004).

The Corcoran Clay surface from the C2VSim Model within the Modesto Subbasin was replaced with the Corcoran Clay surface from the USGS MERSTAN model (Phillips et al., 2015). During analysis for this GSP, it was discovered that the top of the Corcoran Clay surface from C2VSim suggested a mounded area in the western Subbasin where the top of the clay was higher than anticipated and not supported by well logs or USGS texture data.

This anomaly was discussed with DWR staff, who supported revision of the surface in the model. The Corcoran Clay surface used in the USGS MERSTAN model (Phillips et al., 2015) is based on USGS hydrogeologic characterization of the Modesto Area (Burow et al., 2004) and represents the most detailed mapping of the Corcoran Clay in the Modesto Subbasin.

The elevation contours of the top and base of the revised Corcoran Clay surface within the Modesto Subbasin is shown on Figures 3-9 and 3-10, respectively. The Corcoran Clay generally dips to the west, with some irregularities. The eastern edge of the top of the Corcoran Clay slopes from an elevation of approximately -70 ft msl along the southern Subbasin boundary to -110 ft msl along the northern Subbasin boundary. The top of the Corcoran Clay is deepest in the northwestern Subbasin, at an elevation of approximately - 210 ft msl. The elevation contours of the base of the Corcoran Clay generally mimic the top surface, ranging in elevation from approximately -120 to -140 ft msl along its eastern boundary to -260 ft msl in the northwestern Subbasin.

3.1.4.1. Cross Section Development
Five hydrogeologic cross sections (A through E) were developed to illustrate the hydrostratigraphy of the principal aquifers in the Modesto Subbasin, with a focus on aquifer textures and geometry. Cross section locations are shown on Figures 3-11. Cross section AA’ extends from southwest to northeast along the length of the Subbasin, cross sections BB’, C-C’, and D-D’ are perpendicular to A-A’, oriented northwest to southeast. Cross section E-E’ is a local cross section parallel to A-A’ in the vicinity of Oakdale and along the Stanislaus River.

Cross sections were developed based on USGS texture data, DWR well completion reports, California Department of Oil, Gas and Geothermal Resources (DOGGR) geophysical logs, and localized cross sections in the City of Modesto as part of a previous study (Todd, 2016).

Cross sections are presented on Figures 3-12 through 3-18.

The cross sections present generalized interpretations of coarse-grained (sands and gravels) and fine-grained (silts and clays) textures based on data from the USGS and DWR Well Completion Reports, along with interpretations of specific formations including the Corcoran Clay and Mehrten Formation. Figure 3-11 shows the cross section locations, wells that were used to construct the cross sections (red dots), and the wells in the USGS texture database (black dots). Most of the cross section texture data are from wells in the USGS texture database (red dots with black dots). DWR Well Completion Reports were used in areas where USGS texture data were not available (red dots without black dots). In addition, geophysical logs from deep oil and gas wells used for cross section development #25..
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are shown as green dots. Figure 3-11 also shows the Corcoran Clay extent defined by the USGS (Burow et al., 2004). Ground surface elevations shown on the cross sections were generated from the National Elevation Dataset (NED, 10m) developed by the USGS, as illustrated on Figure 3-4.

The texture data were developed by the USGS for a hydrogeologic investigation (Burow et al., 2004) and incorporated into the USGS MERSTAN groundwater flow model (Phillips, et al., 2015). As part of the hydrogeologic investigation (Burow et al., 2004), the USGS reviewed over 10,000 well logs in the region and compiled a texture database using approximately 3,500 of these logs. There are approximately 900 wells in the Modesto Subbasin that are in the texture database. As illustrated on Figure 3-11, the USGS texture data does not extend into the eastern Subbasin because the MERSTAN model does not extend east of the Modesto Reservoir.

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