Newman City Council
January 23, 2024

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING JANUARY 23, 2024
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order.

2. Pledge Of Allegiance.

3. Invocation.

4. Roll Call.

5. Declaration Of Conflicts Of Interest.

6. Ceremonial Matters.

7. Items from the Public - Non-Agenda Items.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The January 9, 2024 Meeting. (View Minutes) d. Adopt Resolution No. 2024- , A Resolution Accepting The Highway 33 And Inyo Avenue Intersection Improvements, Federal-Aid Project No. STPL-5172(024) As Complete, Authorizing The City Clerk To Record A Notice Of Completion With Stanislaus County, And Authorizing The City Manager To Make Final Payment Of Retention Funds To TBS Contractors. (View Report)
e. Adopt Resolution No. 2024- , A Resolution Accepting The Pavement Rehabilitation For Inyo Avenue And Canal School Road, Federal-Aid Project No. STPL -5172(026) As Complete, Authorizing The City Clerk To Record A Notice Of Completion With Stanislaus County, And Authorizing The City Manager To Make Final Payment Of Retention Funds To George Reed, Inc. (View Report)

9. Public Hearings.

10. Regular Business
a. Project Update Regarding The Newman Corridors Improvement And Community Connectivity Project. (View Report)
b. Approval Of Three (3) Agreements To Continue The Implementation Of Sustainable Groundwater Management Act. (View Report)

11. Items From District Five Stanislaus County Supervisor.

12. Items From The City Manager And Staff.

13. Items From City Council Members.

14. Adjournment.

Calendar of Events
January 23 – City Council - 7:00 P.M.

February 13 – City Council - 7:00 P.M.

February 15 – Planning Commission – 7:00 P.M.

February 19 – Presidents’ Day Holiday – City Offices Closed.

February 27 – City Council - 7:00 P.M.

AP Check Register
January 4, 2024 through January 18, 2024
1 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description AAA Business Supplies & Interiors 10-14-6300 $ 181.68 123734 1/10/2024 Toner, Post Its, Adhesive, Paper, Binders, Batteries AAA Business Supplies & Interiors 63-56-6300 $ 181.67 123734 1/10/2024 Toner, Post Its, Adhesive, Paper, Binders, Batteries AAA Business Supplies & Interiors 10-22-6300 $ 96.57 123734 1/10/2024 Envelopes, Labels AAA Business Supplies & Interiors 60-50-6300 $ 181.67 123734 1/10/2024 Toner, Post Its, Adhesive, Paper, Binders, Batteries $ 641.59 123734 Total
Animal Damage Management, Inc 69-47-6200 $ 810.00 123735 1/10/2024 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington Pa $ 810.00 123735 Total
Anthieny Brianna 10-21-6530 $ 7.99 123736 1/10/2024 Reimbursement fro Car Wash/ Anthieny $ 7.99 123736 Total
APPLEGATE TEEPLES DRILLIN 60-50-6200 $ 5,081.25 123737 1/10/2024 Canal Cleaning $ 5,081.25 123737 Total
Araiza Graciela 10-00-2840 $ 300.00 123738 1/10/2024 Memorial Building Rental Deposit Refund/ Araiza $ 300.00 123738 Total
ARMCO ROOFING 10-07-6200 $ 495.00 123739 1/10/2024 Repair at City Hall $ 495.00 123739 Total
AutoZone MS #1 10-44-6530 $ 28.68 123740 1/10/2024 Light $ 28.68 123740 Total
AvidWater, LLC 60-50-6300 $ 91.70 123741 1/10/2024 Elbow, Glue, Fluorescent Paint AvidWater, LLC 69-47-6300 $ 3.30 123741 1/10/2024 Rainsuit AvidWater, LLC 60-50-6300 $ 781.67 123741 1/10/2024 Pipe AvidWater, LLC 60-50-6300 $ 3.31 123741 1/10/2024 Rainsuit AvidWater, LLC 10-44-6300 $ 62.02 123741 1/10/2024 Boots AvidWater, LLC 69-47-6300 $ 31.02 123741 1/10/2024 Boots AvidWater, LLC 10-44-6300 $ 6.62 123741 1/10/2024 Rainsuit AvidWater, LLC 60-50-6300 $ 31.02 123741 1/10/2024 Boots $ 1,010.66 123741 Total
Axon Enterprise, Inc 10-21-6300 $ 47.36 123742 1/10/2024 Electronoc Equipment $ 47.36 123742 Total
Baker Dorothy June 10-44-6300 $ 204.54 123743 1/10/2024 Trimmer Line, Oil, Chain Baker Dorothy June 63-56-6225 $ 35.00 123743 1/10/2024 Trailer Repairs Baker Dorothy June 10-44-6225 $ 121.91 123743 1/10/2024 Blower Repairs Baker Dorothy June 10-44-6200 $ 9.00 123743 1/10/2024 Chainsaw Repairs $ 370.45 123743 Total
Bertolotti Newman Disposal 10-33-6220 $ 156.00 123745 1/10/2024 26 Yard Trash Bin & Street Sweeping Debris/ December 2023 Bertolotti Newman Disposal 10-33-6220 $ 388.80 123745 1/10/2024 40 Yard Trash Bin Dumping@ Corp Yard/ December 2023 Bertolotti Newman Disposal 69-47-6220 $ 388.81 123745 1/10/2024 40 Yard Trash Bin Dumping@ Corp Yard/ December 2023 Bertolotti Newman Disposal 69-47-6220 $ 156.00 123745 1/10/2024 26 Yard Trash Bin & Street Sweeping Debris/ December 2023 $ 1,089.61 123745 Total

AP Check Register
January 4, 2024 through January 18, 2024
2 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Bertolotti Newman Disposal, Inc 10-00-5080 $ (14,280.71) 123744 1/10/2024 Monthly Contract Garbage Service/December 2023 Bertolotti Newman Disposal, Inc 10-00-5730 $ 19,380.96 123744 1/10/2024 Monthly Contract Garbage Service/December 2023 Bertolotti Newman Disposal, Inc 10-41-6200 $ 76,503.81 123744 1/10/2024 Monthly Contract Garbage Service/December 2023 Bertolotti Newman Disposal, Inc 10-00-5733 $ (5,100.25) 123744 1/10/2024 Monthly Contract Garbage Service/December 2023 $ 76,503.81 123744 Total
Borrelli Travis 69-47-6200 $ 185.74 123791 1/10/2024 Portable Restroom Rental Service $ 185.74 123791 Total
BRADY INDUSTRIES 10-44-6300 $ 42.12 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 84.23 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 84.24 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 42.11 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 168.48 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 336.94 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 42.12 123746 1/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 42.12 123746 1/10/2024 Miscellaneous Cleaning Supplies $ 842.36 123746 Total
CAL TRAFFIC SIGNS 10-33-6300 $ 186.17 123748 1/10/2024 Street Signs $ 186.17 123748 Total
CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,000.00 123749 1/10/2024 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,000.00 123749 1/10/2024 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,000.00 123749 1/10/2024 Grant writing/Lobbying $ 3,000.00 123749 Total
CALIFORNIA RURAL WATER 63-56-6635 $ 1,582.00 123747 1/10/2024 Calif Rural Water Membership 2024 $ 1,582.00 123747 Total
Cardmember Service 10-14-6203 $ (911.24) 123750 1/10/2024 Credit for Finance Charge Cardmember Service 10-21-6200 $ 10.00 123750 1/10/2024 Scheduling Software Cardmember Service 10-01-6690 $ 22.41 123750 1/10/2024 City Managers Meeting Supplies Cardmember Service 10-45-6420 $ 207.16 123750 1/10/2024 Telephone Service/Long Distance December 2023 Cardmember Service 63-56-6300 $ 107.84 123750 1/10/2024 Chain Vise Cardmember Service 10-21-6695 $ 1,041.42 123750 1/10/2024 Hotel Stay/ Gomez Cardmember Service 60-50-6300 $ 11.32 123750 1/10/2024 Web Cam Cardmember Service 10-14-6203 $ (425.00) 123750 1/10/2024 Statement Credit Cardmember Service 10-01-6690 $ 16.99 123750 1/10/2024 City Managers Meeting Supplies Cardmember Service 10-21-6300 $ 48.47 123750 1/10/2024 Spit Hoods Cardmember Service 10-22-6300 $ 329.95 123750 1/10/2024 Flags Cardmember Service 63-56-6420 $ 207.16 123750 1/10/2024 Telephone Service/Long Distance December 2023 Cardmember Service 10-01-6690 $ 85.62 123750 1/10/2024 City Managers Meeting Supplies Cardmember Service 10-45-6739 $ 225.72 123750 1/10/2024 Teen Center Snack Bar Supplies Cardmember Service 10-45-6300 $ 75.50 123750 1/10/2024 Projector

AP Check Register
January 4, 2024 through January 18, 2024
3 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Cardmember Service 10-21-6200 $ 10.00 123750 1/10/2024 Scheduling Software Cardmember Service 10-22-6300 $ 17.10 123750 1/10/2024 Postage Cardmember Service 10-01-6620 $ 14.11 123750 1/10/2024 Christmas Decorations Cardmember Service 10-21-6635 $ 150.00 123750 1/10/2024 CPOA Dues/ Short Cardmember Service 60-50-6420 $ 207.16 123750 1/10/2024 Telephone Service/Long Distance December 2023 Cardmember Service 63-56-6300 $ 11.32 123750 1/10/2024 Web Cam Cardmember Service 10-21-6300 $ 183.38 123750 1/10/2024 Desk Mount Cardmember Service 10-33-6635 $ 125.55 123750 1/10/2024 Training/ Reyes Cardmember Service 10-44-6635 $ 125.55 123750 1/10/2024 Training/ Reyes Cardmember Service 63-56-6635 $ 275.00 123750 1/10/2024 Training/ Stonebarger Cardmember Service 10-21-6635 $ 474.00 123750 1/10/2024 CPOA Dues/ Richardson Cardmember Service 10-01-6620 $ 88.06 123750 1/10/2024 Christmas Decorations Cardmember Service 10-45-6300 $ 24.70 123750 1/10/2024 Mic Stand Cardmember Service 10-21-6420 $ 169.98 123750 1/10/2024 Internet Service Newman to Ceres/PD/ 11 -6-23 to 12-5-23 Cardmember Service 10-45-6300 $ 116.49 123750 1/10/2024 Podium Cardmember Service 10-45-6690 $ 7.00 123750 1/10/2024 Bridge Toll Cardmember Service 10-22-6300 $ 15.10 123750 1/10/2024 Candy Canes Cardmember Service 10-21-6695 $ 1,041.42 123750 1/10/2024 Hotel Stay/ Gomez Cardmember Service 10-22-6300 $ 15.03 123750 1/10/2024 Postage Cardmember Service 10-01-6690 $ 7.98 123750 1/10/2024 City Managers Meeting Supplies Cardmember Service 10-22-6420 $ 408.10 123750 1/10/2024 Telephone Service/Long Distance December 2023 Cardmember Service 68-68-6620 $ 51.42 123750 1/10/2024 Lights Cardmember Service 63-56-6300 $ 32.03 123750 1/10/2024 Tools Cardmember Service 10-14-6420 $ 207.16 123750 1/10/2024 Telephone Service/Long Distance December 2023 Cardmember Service 10-21-6420 $ 169.98 123750 1/10/2024 Internet Service Newman to Ceres/PD/ 12 -6-23 to 1-5-24 Cardmember Service 60-50-6300 $ 93.96 123750 1/10/2024 Rain Gauge Cardmember Service 10-01-6690 $ 861.54 123750 1/10/2024 City Managers Meeting Supplies Cardmember Service 10-45-6300 $ 11.16 123750 1/10/2024 Recreation Supplies Cardmember Service 10-21-6300 $ 70.11 123750 1/10/2024 Heater $ 6,037.71 123750 Total
Cascade Fire Equipment 10-22-6300 $ 1,480.41 123751 1/10/2024 Fire Equipment $ 1,480.41 123751 Total
CBA (ADMIN FEES) 10-00-2261 $ 312.00 123752 1/10/2024 Dental-Vision Admin Fees/ January 2024 $ 312.00 123752 Total
Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 22.65 123768 1/10/2024 OIl. Funnel Cen-Cal Auto & Truck Parts/ NAPA 60-50-6530 $ 19.95 123768 1/10/2024 Fuel Cap Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 19.95 123768 1/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 19.95 123768 1/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 56.19 123768 1/10/2024 Flashlights

AP Check Register
January 4, 2024 through January 18, 2024
4 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 22.64 123768 1/10/2024 OIl. Funnel Cen-Cal Auto & Truck Parts/ NAPA 69-47-6530 $ 9.71 123768 1/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 9.70 123768 1/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 10-44-6300 $ 7.54 123768 1/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 60-50-6530 $ 430.94 123768 1/10/2024 Oil, Red Tacky Grease, Lamp $ 619.22 123768 Total
City of Ceres 10-21-6615 $ 16,500.00 123753 1/10/2024 Dispatch Service 1-1-24 to 1-31-24 $ 16,500.00 123753 Total
DAVIS ABRAM & HOLLY 63-00-2010 $ 57.81 123795 1/10/2024 Refund Check 015988-000, 537 FLOUR MILL DR $ 57.81 123795 Total
DEPARTMENT OF INDUSTRIAL RELATIONS 10-07-6665 $ 675.00 123755 1/10/2024 Elevator Permit Inspection Museum $ 675.00 123755 Total
ECONOMIC & PLANNING SYSTEMS, INC. 40-06-6200 $ 1,773.75 123756 1/10/2024 Nexus Study $ 1,773.75 123756 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 4,230.83 123757 1/10/2024 Pro Oxidizer $ 4,230.83 123757 Total
FGL ENVIRONMENTAL, INC 60-50-6200 $ 7,173.00 123758 1/10/2024 Inorganic Analysis , Support Analysis $ 7,173.00 123758 Total
Frank B. Marks & Sons, Inc 63-56-6300 $ 155.23 123759 1/10/2024 Concrete Sand, 3/4 Ab Class Frank B. Marks & Sons, Inc 10-33-6300 $ 100.22 123759 1/10/2024 3/4 Ab Class Frank B. Marks & Sons, Inc 63-56-6300 $ 100.22 123759 1/10/2024 3/4 Ab Class Frank B. Marks & Sons, Inc 10-33-6300 $ 155.22 123759 1/10/2024 Concrete Sand, 3/4 Ab Class $ 510.89 123759 Total
FREEHILL JENNIFER 63-00-2010 $ 105.20 123726 1/4/2024 Refund Check 006841-000, 1618 SANDY CREEK DR $ 105.20 123726 Total
George Reed, Inc. 18-32-7768 $ 38,412.92 123760 1/10/2024 Inyo & Canal School Rehabilitation Progress Payment 3 $ 38,412.92 123760 Total
GEORGE W. LOWRY, INC 63-56-6500 $ 1,590.78 123761 1/10/2024 447 Gallons Dyed Diesel Delivered @WWTP
$ 1,590.78 123761 Total
Guerrero's Tire and Auto Repair, LLC 63-56-6530 $ 658.00 123762 1/10/2024 2 New Tires on Ford F150/ PW $ 658.00 123762 Total
HARD DRIVE GRAPHICS 10-44-6300 $ 1,147.53 123723 1/4/2024 Banners $ 1,147.53 123723 Total
HINDERLITER, dELLAMAS & ASSOCIATES 10-14-6200 $ 773.73 123763 1/10/2024 Audit Services- Sales Tax 2nd Quarter2023 $ 773.73 123763 Total
L.N. CURTIS & SONS 10-21-7105 $ 13,762.80 123754 1/10/2024 Ballistic Vests $ 13,762.80 123754 Total
Lou's Gloves, Inc 10-44-6300 $ 214.00 123764 1/10/2024 Nltrile Gloves $ 214.00 123764 Total

AP Check Register
January 4, 2024 through January 18, 2024
5 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Mata Raul 10-00-2841 $ 20.00 123724 1/4/2024 Pioneer Park Rental Deposit Refund/ Mata $ 20.00 123724 Total
McAuley Ford 10-21-6530 $ 719.95 123765 1/10/2024 Repair on 2023 Ford Explorer/ PD McAuley Ford 10-21-6530 $ 816.70 123765 1/10/2024 Repair on 2020 Ford Explorer/ PD $ 1,536.65 123765 Total
McKesson Medical-Surgical 10-22-6300 $ 385.61 123766 1/10/2024 Recover Bag $ 385.61 123766 Total
MORALES HILARIO 63-00-2010 $ 450.89 123796 1/10/2024 Refund Check 015774-000, 725 W MARIPOSA $ 450.89 123796 Total
Motorola Solutions, Inc 10-22-6615 $ 675.47 123767 1/10/2024 Radio Repair Motorola Solutions, Inc 10-22-6615 $ 675.47 123767 1/10/2024 Radio Repair $ 1,350.94 123767 Total
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 15.08 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 159.64 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 51.31 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 31.47 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 8.19 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 36.00 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 16.17 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 32.33 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 16.15 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 10.78 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 118.68 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 85.15 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 3.87 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 117.63 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 7.11 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 5.38 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 31.01 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ (16.17) 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 18.53 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 3.87 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 16.16 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 91.65 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 69-47-6300 $ 18.53 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 10.18 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 4.94 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-45-6300 $ 28.04 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 24.80 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies

AP Check Register
January 4, 2024 through January 18, 2024
6 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 14.62 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 69-47-6300 $ 24.80 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 74.98 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 22.19 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 13.80 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-45-6300 $ 36.22 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 38.81 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 42.04 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 84.12 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 40.95 123770 1/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies $ 1,339.01 123770 Total
NEWMAN FIREFIGHTERS, INC. 10-22-6300 $ 14.02 123769 1/10/2024 Reimbursement for Tools $ 14.02 123769 Total
NORMAC, INC. 63-56-6300 $ 138.60 123771 1/10/2024 Backflow Blankets NORMAC, INC. 69-47-6300 $ 268.09 123771 1/10/2024 Solenoids $ 406.69 123771 Total
Nutrien Ag Solutions Inc 60-50-6230 $ 12,784.88 123772 1/10/2024 285,850 Lbs Gypsum $ 12,784.88 123772 Total
O'Connor & Company 63-56-6420 $ 427.91 123773 1/10/2024 Accounting Services O'Connor & Company 10-14-6205 $ 427.92 123773 1/10/2024 Accounting Services O'Connor & Company 60-50-6420 $ 427.92 123773 1/10/2024 Accounting Services $ 1,283.75 123773 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 1,088.00 123774 1/10/2024 Health Insurance Premium/ February 2024 /Caetano $ 1,088.00 123774 Total
Otis Elevator Company 10-07-6200 $ 783.54 123775 1/10/2024 Maintenance Contract Elevator 1-1-24 to 3-31-24
$ 783.54 123775 Total
P G & E 10-22-6410 $ 1,440.60 123778 1/10/2024 Gas & Electric Use P G & E 10-07-6410 $ 2,459.84 123778 1/10/2024 Gas & Electric Use P G & E 63-56-6410 $ 25,434.82 123778 1/10/2024 Gas & Electric Use P G & E 10-44-6410 $ 1,694.23 123778 1/10/2024 Gas & Electric Use P G & E 10-45-6410 $ 116.47 123778 1/10/2024 Gas & Electric Use P G & E 10-33-6410 $ 6,172.51 123778 1/10/2024 Gas & Electric Use P G & E 60-50-6410 $ 27,750.38 123778 1/10/2024 Gas & Electric Use P G & E 69-47-6410 $ 3,644.77 123778 1/10/2024 Gas & Electric Use P G & E 10-46-6410 $ 408.50 123778 1/10/2024 Gas & Electric Use $ 69,122.12 123778 Total
PACIFIC WATER RESOURCES 60-50-6225 $ 464.63 123776 1/10/2024 Switches $ 464.63 123776 Total
Pasillas Elias 10-21-6695 $ 30.00 123777 1/10/2024 POST Training Per Diem/ Pasillas

AP Check Register
January 4, 2024 through January 18, 2024
7 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 30.00 123777 Total
Pitney Bowes Global Financial Services. Inc 63-56-6330 $ 47.19 123779 1/10/2024 Postage Meter Rent 11-20-23 to 02-19-24 Pitney Bowes Global Financial Services. Inc 60-50-6330 $ 47.20 123779 1/10/2024 Postage Meter Rent 11-20-23 to 02-19-24 Pitney Bowes Global Financial Services. Inc 10-14-6330 $ 47.20 123779 1/10/2024 Postage Meter Rent 11-20-23 to 02-19-24 $ 141.59 123779 Total
Platt Electric Supply 10-33-6300 $ 1,827.74 123780 1/10/2024 Bollard $ 1,827.74 123780 Total
RALEY'S IN STORE CHARGE 10-46-6300 $ 122.44 123781 1/10/2024 Corp Yard Supplies $ 122.44 123781 Total
Royston, Hanamoto, Alley & Abey 40-06-6200 $ 235.00 123782 1/10/2024 Professional Services Rendered Through 12-31-23 $ 235.00 123782 Total
Saavedra Norma 10-00-2840 $ 300.00 123783 1/10/2024 Memorial Building Rental Deposit Refund/ Saavedra $ 300.00 123783 Total
SCM HEARTHSTONE, LLC 10-06-6200 $ 5,000.00 123784 1/10/2024 Refund Deposit Survey Monument $ 5,000.00 123784 Total
Solar Integrated Fund III 60-50-6410 $ 5,579.99 123785 1/10/2024 Solar Production Period 12-1 -23 to 12-31 -23 $ 5,579.99 123785 Total
Soundscapes Electric Security & Audio Video 10-07-6200 $ 210.00 123786 1/10/2024 3 Months Alarm Monthly Monitoring $ 210.00 123786 Total
Stanislaus County Public Works 10-33-6530 $ 83.75 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ August 2023 Stanislaus County Public Works 10-33-6530 $ 1,428.31 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ August 2023 Stanislaus County Public Works 10-33-6530 $ 119.45 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ July 2023 Stanislaus County Public Works 69-47-6530 $ 119.45 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ July 2023 Stanislaus County Public Works 10-44-6530 $ 1,428.31 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ August 2023 Stanislaus County Public Works 10-44-6530 $ 119.46 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ July 2023 Stanislaus County Public Works 69-47-6530 $ 83.75 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ August 2023
Stanislaus County Public Works 69-47-6530 $ 1,428.31 123787 1/10/2024 CNG Fuel Pumped from Morgan Road/ August 2023
$ 4,810.79 123787 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7121 $ 4,208.00 123789 1/10/2024 Project# 184031401 WWTRF Influent Trunk Sewer Upgrade STANTEC CONSULTING SERVICE, Inc 17-50-7782 $ 15,084.25 123789 1/10/2024 Project# 184031755 Construction Management & Resident Service STANTEC CONSULTING SERVICE, Inc 61-55-7550 $ 7,907.00 123789 1/10/2024 Project# 184031755 Construction Management & Resident Service $ 27,199.25 123789 Total
STAPLES ADVANTAGE 10-06-6300 $ 51.76 123788 1/10/2024 Paper, Pens STAPLES ADVANTAGE 10-06-6300 $ 204.95 123788 1/10/2024 Paper STAPLES ADVANTAGE 63-56-6300 $ 28.14 123788 1/10/2024 Steno Pads STAPLES ADVANTAGE 10-21-6300 $ 219.02 123788 1/10/2024 Memo Books, Coffee, Coffee Cups, Batteries, Paper $ 503.87 123788 Total
STEPHENS BORRELLI INC. 63-00-2010 $ 0.32 123797 1/10/2024 Refund Check 014499-007, 1417 MAIN STREET STEPHENS BORRELLI INC. 63-00-2010 $ 10.63 123797 1/10/2024 Refund Check 014499-007, 1417 MAIN STREET

AP Check Register
January 4, 2024 through January 18, 2024
8 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description STEPHENS BORRELLI INC. 10-00-2010 $ 4.04 123797 1/10/2024 Refund Check 014499-007, 1417 MAIN STREET STEPHENS BORRELLI INC. 60-00-2010 $ 46.36 123797 1/10/2024 Refund Check 014499-007, 1417 MAIN STREET $ 61.35 123797 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 123725 1/4/2024 Cleaned & Buffed Floors@ City Hall $ 185.00 123725 Total
Stewart & Jasper Orchards 60-50-6200 $ 2,252.03 123790 1/10/2024 Hulling & Shelling Service Fees $ 2,252.03 123790 Total
SWRCB Accounting Office 60-50-6675 $ 2,509.00 123792 1/10/2024 Water System Fees for Period 7 -1-23 to 6-30-24 SWRCB Accounting Office 60-50-6675 $ 399.00 123792 1/10/2024 Water System Fees for Period 7 -1-23 to 6-30-24 $ 2,908.00 123792 Total
Taylor ER Veterinary Emergency Hospital 10-21-6208 $ 447.00 123793 1/10/2024 Emergency Animal Service Taylor ER Veterinary Emergency Hospital 10-21-6208 $ 200.00 123793 1/10/2024 Emergency Animal Service $ 647.00 123793 Total
True Blue Veterinary Group 10-21-6208 $ 574.79 123794 1/10/2024 Shelter Animals $ 574.79 123794 Total
USA BLUEBOOK 60-50-6300 $ 510.97 123798 1/10/2024 Conductivity Solution, Pouches, Filters $ 510.97 123798 Total
Valley Elevator Inc 10-07-6665 $ 843.75 123799 1/10/2024 SC Per State Preliminary Order 152692 $ 843.75 123799 Total
Verizon Wireless 63-56-6420 $ 38.01 123800 1/10/2024 Mobile laptop access 11-19-23 to 12-18-23 Verizon Wireless 10-06-6420 $ 38.01 123800 1/10/2024 Mobile laptop access 11-19-23 to 12-18-23 Verizon Wireless 10-22-6615 $ 114.03 123800 1/10/2024 Mobile laptop access 11-19-23 to 12-18-23 Verizon Wireless 10-21-6420 $ 342.09 123800 1/10/2024 Mobile laptop access 11-19-23 to 12-18-23 $ 532.14 123800 Total
Vollmar Natural Lands Consulting 17-36-7779 $ 2,733.74 123801 1/10/2024 Project J-445 CDFW $ 2,733.74 123801 Total
Westside Water Conditioning 10-14-6300 $ 33.84 123802 1/10/2024 Bottle Water Delivery 12-5-23 & 12-19-23 City Hall Westside Water Conditioning 63-56-6300 $ 61.70 123802 1/10/2024 Bottle Water Delivery 12-5-23 & 12-19-23/ Corp Yard
Westside Water Conditioning 60-50-6300 $ 17.90 123802 1/10/2024 Bottle Water Delivery 12-5-23/ WWTP Westside Water Conditioning 63-56-6300 $ 33.83 123802 1/10/2024 Bottle Water Delivery 12-5-23 & 12-19-23 City Hall Westside Water Conditioning 60-50-6300 $ 61.70 123802 1/10/2024 Bottle Water Delivery 12-5-23 & 12-19-23/ Corp Yard
Westside Water Conditioning 60-50-6300 $ 33.83 123802 1/10/2024 Bottle Water Delivery 12-5-23 & 12-19-23 City Hall Westside Water Conditioning 10-22-6200 $ 68.65 123802 1/10/2024 Bottle Water Delivery 12-5-23 & 12-19-23/ FD $ 311.45 123802 Total
YANCEY LUMBER COMPANY 63-56-6300 $ 1.54 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-46-6300 $ 10.48 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 188.97 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 6.30 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 62.12 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs

AP Check Register
January 4, 2024 through January 18, 2024
9 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 10-44-6300 $ 188.96 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 9.71 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 0.64 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 16.74 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 33.94 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 24.55 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 19.41 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 20.86 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 180.01 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 9.43 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 32.37 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 11.94 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-07-6300 $ 188.96 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 9.70 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 51.91 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 32.36 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-22-6300 $ 82.77 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 31.06 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 188.96 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 20.86 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 2.58 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 57.27 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 121.34 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 14.35 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 16.74 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 25.08 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 6.85 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 13.58 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 7.33 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 19.47 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 41.61 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 12.96 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 8.68 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 35.38 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-46-6300 $ 13.10 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-21-6300 $ 6.94 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 33.49 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 36.68 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 9.70 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs

AP Check Register
January 4, 2024 through January 18, 2024
10 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 63-56-6300 $ 11.36 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-46-6300 $ 17.48 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-46-6300 $ 39.14 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 21.34 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-21-6307 $ 38.83 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 1.26 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 10-44-6660 $ 25.72 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 4.65 123803 1/10/2024 Dog Food/Misc Tools/Locks/Light Bulbs $ 2,067.46 123803 Total
$ 338,837.33 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING JANUARY 9, 2024
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order - Mayor Graham 7:00 P.M.

2. Pledge Of Allegiance.

3. Invocation – Council Member McDonald.

4. Roll Call - PRESENT: McDonald, Mayor Pro Tem Ball, Tomlinson, Pimentel, And Mayor Graham.

ABSENT: None.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters – None.

7. Items from the Public - Non-Agenda Items – None.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The December 12, 2023 Meeting. d. Adopt Resolution No. 2024- , A Resolution Accepting The Capital Facilities Fees Annual Report.
e. Adopt Resolution No. 2024- , A Resolution Approving The “Statement Of Investment Policy” For The City Of Newman.

ACTION: On A Motion By McDonald Seconded By Tomlinson, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Tomlinson, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

9. Public Hearings – None.

10. Regular Business– None.

11. Items From District Five Stanislaus County Supervisor – None.

12. Items From The City Manager And Staff.

City Manager Holland Reported That The City And Staff Were Saddened By The Passing Of Public Works Director Kathryn Reyes. Holland Acknowledged The Many Achievements Made By Mrs.

Reyes. He Stated That The City Had Been Blessed To Share Six Years With Her And Noted That Her Impact On The City Would Be Felt For Many Years To Come. Holland Offered His Condolences To Her Family. He Mentioned That The NEWS And Wetlands Projects Were Both On Hold Due To Wet Weather. Holland Pointed Out That There Would Be A Planning Commission Meeting On Thursday, January 18th At 7:00 P.M.

Chief Richardson Thanked Everyone That Attended Corporal Ronil Singh’s Memorial. Richardson Extended His Condolences To The Family Of Kathryn Reyes.

Chief Bowen Reported That There Were Five Recent Fire Academy Graduates That Would Be Joining The Fire Department And They Would All Be State Certified Firefighters. Bowen Stated That The Fire Department, In Conjunction With Other County Agencies, Would Be Conducting An Emergency Planning Tabletop Exercise With Saputo Cheese. He Noted That The Fire Department Had Responded To A Record One-Thousand, One-Hundred And Thirteen Calls In 2023.

Council Member McDonald Commended Chief Bowen And His Department For Their Efforts.

13. Items From City Council Members.

Council Member McDonald Noted That Public Works Director Reyes Had Made An Impact On The City And She Would Be Missed. McDonald Stated That We Need To Support The City’s Existing Public Works Staff. He Indicated That Public Works Director Reyes Should Be Acknowledged In Some Way In The Future At The NEWS/Wetlands/Nature Park Site.

Mayor Graham Thanked Everyone Who Participated In Corporal Singh’s Memorial. Graham Offered His Condolences To Kathryn Reyes’ Family And Friends And Noted That She Would Be Missed Immensely.

14. Adjournment.

ACTION: On A Motion By Pimentel Seconded By Tomlinson And Unanimously Carried, The Meeting Was Adjourned At 7:12 P.M.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d
City Council Meeting
of January 23, 2024
ADOPT RESOLUTION NO. 2024- , ACCEPTING THE HIGHWAY 33 AND INYO A VENUE INTERSECTION IMPROVEMENTS, FEDERAL-AID PROJECT NO. STPL-5172(024) AS COMPLETE,

AUTHORIZING THE CITY CLERK TO RECORD A NOTICE OF COMPLETION WITH STANISLAUS

COUNTY, AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF

RETENTION FUNDS TO TBS CONTRACTORS
RECOMMENDATION:

Adopt Resolution No. 2024- , accepting the Highway 33 and Inyo Avenue Intersection Improvements, Federal-Aid Project No. STPL-5172(024) as complete, authorizing the City Clerk to record a Notice of Completion with Stanislaus County, and authorizing the City Manager to make final payment of retention funds to TBS Contractors 35 days after the Notice of Completion has been recorded.

BACKGROUND:

The City of Newman received Regional Surface Transportation Program (RSTP), and Highway Infrastructure Program (HIP) funding to construct the Highway 33 and Inyo Avenue Intersection Improvements Project. The Construction phase was scheduled to begin on March 28, 2022, but due to unresolved site issues out of TBS Contractor's control, the start of the project was suspended until March 1, 2023. Site issues that caused the project suspension included PG&E delays in relocation of power poles, verification and confirmation of proper relocation of PGE poles, Comcast's rescheduling of work due to PGE delays, and PGE rescheduling of gas facility adjustments.

The major work consisted of demolishing and removing the existing surface improvements and reconstructing the intersection of Highway 33 and Inyo Avenue. Said project was advertised on December 13, 2021, and bids were opened January 12, 2022.

ANALYSIS:

A total of four ( 4) bids were submitted. The low bid was submitted by TBS Contractors in the amount of $1,068,088.95 and the project was awarded to TBS Contractors on January 25, 2022. There were a total of thirteen change orders totaling $288,895.99, bringing the total final construction cost to $1,356,984.94.

Contract Bid Amount $
Change Order No. 1 $
Change Order No. 2 $
Change Order No. 3 $
Change Order No. 4 $
Change Order No. 5 $
Change Order No. 6 $
Change Order No. 7 $
Change Order No. 8 $
Change Order No. 9 $
Change Order No. 10 $
Change Order No. 11 $
Change Order No. 12 $
Change Order No. 13 (Balancing Change Order) $
Final Construction Cost $
1,068,088.95
69,854.57
51,470.01
5,417.65
33,695.00
33,950.54
6,927.28
32,707.90
9,485.28
12,894.31
3,287.38
6,440.05
5,984.62
16,781.40
1,356,984.94
The Construction phase started on March 1, 2023. The Contractor completed the work within the time required on the Contract Documents. A final inspection has been performed and the work has been found to be in compliance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed with Stanislaus County. If no claims are filed within 35 days after recordation, the retention amounts should be paid to TBS Contractors.

Agenda Item: 8. d
FISCAL IMPACT:

Construction' of this project was funded using Surface Transportation Block Grant (STBG), Highway Infrastructure Program (HIP), and Local Funds.

CONCLUSION:

It is recommended that the Newman City Council adopt Resolution No. 2024-, accepting the Highway 33 and Inyo Avenue Intersection Improvements, Federal-Aid No. STPL-5172(024) as complete, authorizing the City Clerk to record a Notice of Completion with Stanislaus County, and authorizing the City Manager to make final payment of retention funds to TBS Contractors 35 days after the Notice of Completion has been recorded.

ATTACHMENTS:

1. Engineer's recommendation to accept project letter

2. Resolution No. 2024-

3. Notice of Completion
Respectfully Submitted,
Michael Holland
City Manager
GOUVEIA ENGINEERING. INC.

CONSULTING ENGIN~JKNS
January 23, 2024
City of Newman
938 Fresno Street
Newman, CA 95360
Re: Highway 33 and Inyo Avenue Intersection Improvements, Federal-Aid No.

STPL-5172(024)
Honorable Mayor and Members of the Newman City Council:

On February 7, 2022, the City of Newman executed an agreement with TBS Contractors to perform work on the above reforenced project. The Contractors Contract Time began on March 28, 2022, and work \Vas completed within the completion time required by the Contract Documents.

Gouveia Engineering, Inc. inspected the work during the construction phase of the project.

On December 8, 2023, Kathryn Reyes, Public Works Director, Bruce Bloom \vith TBS Contractors, Greg Ochoa with PG&E. Mario Gouveia, City Engineer, Danny Reed, and Mark Arrieta with Gouveia Engineering, Inc., performed a final inspection. The Contractor has completed all items on the punchlist and the '"lork was found to be in compliance with the plans and specifications. The Final Completion date was December 8, 2023.

We recommend the project be accepted as complete and a Notice of Completion be executed and recorded with Stanislaus County.

Retention in the amount of $67,849.25 should be paid to TBS Contractors 35 days following the Notice of Completion recording date.
veia, P.E.

Engineer
cc:
456 SJXTH STREET• GUSTJNE, CALIFORNIA 95322 •TELEP! !ONE (209) 854~3300 RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN ACCEPTING THE HIGHWAY 33 AND INYO A VENUE INTERSECTION IMPROVEMENTS, FEDERAL-AID NO. STPL-5172(024) AS COMPLETE, AUTHORIZING THE CITY CLERK TO RECORD A

NOTICE OF COMPLETION WITH STANISLAUS COUNTY, AND AUTHORIZING THE

CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION FUNDS TO TBS

CONTRACTORS
WHEREAS, the City advertised the Project on December 13, 2021; and WHEREAS, the City received and publicly opened bids on January 12, 2022; and WHEREAS, the City Council awarded a contract to TBS Contractors in the amount of $1,068,088.95, on January 25, 2022; and
WHEREAS, thirteen change orders were issued during the course of the Project, increasing the contract price by $288,895.99, for a total contract amount of $1,356,984.94; and WHEREAS, the Public Works Department and City Engineer have completed a final inspection of the Project and recommend final acceptance; and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will record a Notice of Completion with Stanislaus County and the City Manager will release the retention monies due the Contractor 35 days after the recording date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newman hereby:

1. Adopts a Resolution to accept the Highway 33 and Inyo Avenue Intersection Improvements, Federal-Aid Project No. STPL-5172(024).

2. Authorizes the City Clerk to record a Notice of Completion with Stanislaus County.

3. Authorizes the City Manager to make final payment of retention monies to TBS Contractors 35 days after the recording date.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 23rd day of January, 2024 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Requested By:

City ofNewman
When Recorded Mail Document To:

Mike Maier, City Clerk
City of Newman
P.O. Box 787
Newman, CA 95360

SPACE ABOVE THIS UNE RESERVED FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
Project: Highway 33 and Inyo Avenue Intersection Improvements, Federal-Aid No STPL-5172(024) NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY STATE
City of Newman 938 Fresno Street Newman California
(if more than one owner of the interest stated, the name and address of each must be inserted)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 8111 day of December, 2024 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

TBS Contractors
(If no contractor for work of improvement as a whole, insert "No Contractor")

6. That the real property herein referred to is situated in the City of Newman, County of Stanislaus, State of California, and is described as follows:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

January 24, 2024
Date

VERIFICATION
I understand, state:

Signature of Owner
Mike Maier, City Clerk
City of Newman
Print Name
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Newman, California
This 24111 day of January, 2024.

By:

City of Newman
Owner
Mike Maier, City Clerk
City of Newman
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8. e
City Council Meeting
of January 23, 2024

ADOPT A RESOLUTION ACCEPTING THE PAVEMENT REHABILITATION FOR INYO AVENUE AND CANAL SCHOOL ROAD, FEDERAL-AID PROJECT NO. STPL-5172(026) AS COMPLETE,

AUTHORIZING THE CITY CLERK TO RECORD A NOTICE OF COMPLETION WITH STANISLAUS

COUNTY, AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION FUNDS TO GEORGE REED, INC.

RECOMMENDATION:

Adopt Resolution No. 2024- , accepting the Pavement Rehabilitation for Inyo Avenue and Canal School Road, Federal-Aid Project No. STPL-5172(026) as complete, authorizing the City Clerk to record a Notice of Completion with Stanislaus County, and authorizing the City Manager to make final payment of retention funds to George Reed, Inc. 35 days after the Notice of Completion has been recorded.

BACKGROUND:

The City of Newman received a Surface Transportation Block Grant to construct the Pavement Rehabilitation for Inyo Avenue and Canal School Road, Federal-Aid Project No. STPL-5172(026). This project addresses deficiencies in Canal School Road between Hills Ferry Road and the south City Limits and Inyo Avenue between Canal School Road and L Street. The rehabilitation of the roadway structural section will extend the useful life of the pavement and provide a stable surface for the industrial traffic the road sees on a regular basis; improving traffic safety significantly.

The major work consisted of removing and reconstructing asphalt concrete pavement, and constructing various concrete improvements, and other miscellaneous improvements on Inyo Avenue and Canal School Road in the City ofNewman. Said project was advertised on March 29, 2023, and bids were opened May 25, 2023.

ANALYSIS:

A total of five (5) bids were submitted. The low bid was submitted by George Reed, Inc. in the amount of $1,677,267.50 and the project was awarded to George Reed, Inc. on June 13, 2023. The total for final construction cost was $1,717,096.16.

Contract Bid Amount
Change Order No. 1
Change Order No. 2
Change Order No. 3 (Balancing Change Order)
Final Construction Cost
$ 1,677,267.50
$ 13,729.65
$ 9,529.75
$ 16,569.26
$ 1, 717,096.16
The Construction phase started on August 14, 2023. The Contractor completed all the work within the time required in the contract documents, a final inspection has been performed and the work has been found to be in compliance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed with Stanislaus County. If no claims are filed within 35 days after recordation, the retention amounts should be paid to George Reed, Inc.

FISCAL IMPACT:

Construction of this project was funded using a Surface Transportation Block Grant (STBG), Measure L Community Connections Funds, and Local Funds.

CONCLUSION:

It is recommended that the Newman City Council adopt Resolution No. 2024- , accepting the Pavement Rehabilitation for Inyo Avenue and Canal School Road, Federal Aid Project No. STPL-5172(026) as complete, authorizing the City Clerk to record a Notice of Completion with Stanislaus County, and authorizing the City Manager to make final payment of retention funds to George Reed, Inc. 35 days after the Notice of Completion has been recorded.

ATTACHMENTS:

1. Resolution No. 2024-

2. Engineer's recommendation to accept project letter

3. Notice of Completion
Respectfully Submitted,
--c@9Jr:i2~ Michael Holland
City Manager
Agenda Item: 8.e
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN ACCEPTING THE

PAVEMENT REHABILITATION FOR INYO A VENUE AND CANAL SCHOOL ROAD, FEDERAL-AID PROJECT NO. STPL-5172(026) AS COMPLETE, AUTHORIZING THE CITY

CLERK TO RECORD A NOTICE OF COMPLETION WITH STANISLAUS COUNTY, AND

AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION FUNDS TO GEORGE REED, INC.

WHEREAS, the City advertised the Project on March 29, 2023; and WHEREAS, the City received and publicly opened bids on May 25, 2023; and WHEREAS, the City Council awarded a contract to George Reed, Inc. in the amount of $1,677,267.50, on June 13, 2023; and
WHEREAS, three change orders were issued during the course of the Project, increasing the contract price by $39,828.66, for a total contract amount of$1,717,096.16; and WHEREAS, the Public Works Department and City Engineer have completed a final inspection of the Project and recommend final acceptance; and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will record a Notice of Completion with Stanislaus County and the City Manager will release the retention monies due the Contractor 35 days after the recording date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newman hereby:

1. Adopts a Resolution to accept the Pavement Rehabilitation for Inyo Avenue and Canal School Road Project, Federal Aid Project No. STPL-5172(026).

2. Authorizes the City Clerk to record a Notice of Completion with Stanislaus County.

3. Authorizes the City Manager to make final payment of retention monies to George Reed, Inc. 35 days after the recording date.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 23rd day of January, 2024 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier,
City Clerk of the City ofNewman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
. GOUVEIA ENGINEERING. INC. ~ CONSULTING ENGINEERS
January 23, 2024
City of Newman
938 Fresno Street
Newman, CA 95360
Re: Pavement Rehabilitation for Inyo Avenue and Canal School Road, Federal-Aid Project No. STPL-5172(026)
Honorable Mayor and Members of the Newman City Council:

On June 14, 2023, the City of Newman executed an agreement with George Reed, Inc. to perform work on the above referenced project. The Contractors Contract Time began on August 14, 2023, and all work was completed within the completion time required by the Contract Documents.

Gouveia Engineering, Inc. inspected the work during the construction phase of the project.

On November 9, 2023, Kathryn Reyes, Public Works Director, Matt Machado with George Reed, Inc., and Mario Gouveia, City Engineer, Danny Reed, Nathan Garrett, and Nick Fontaine with Gouveia Engineering, Inc. performed the Pre-Final Inspection and a punchlist was generated. A Final inspection has been performed and the Contractor has completed all items on the punchlist and the work was found to be in compliance with the plans and specifications. The Final Completion date was December 15, 2023.

We recommend the project be accepted as complete and a Notice of Completion be executed and recorded with Stanislaus County.

Retention in the amount of $85,854.81 should be paid to George Reed, Inc. 35 days following the Notice of Completion recording date.
ouveia P.E.

C ty Engineer
cc: Michael Holland, City Manager
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 Requested By:

City of Newman
When Recorded Mail Document To:

Mike Maier, City Clerk
City of Newman
P.O. Box 787
Newman, CA 95360

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
Project: Pavement Rehabilitation for Inyo Avenue and Canal School Road, Federal-Aid Project No. STPL5172(026) NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY ST A TE
City ofNewman 938 Fresno Street Newman California
(if more than one owner of the interest stated, the name and address of each must be inserted)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 15th day of December, 2023 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

George Reed, Inc.
(Ifno contractor for work of improvement as a whole, insert "No Contractor")

6. That the real property herein referred to is situated in the City of Newman, County of Stanislaus, State of California, and is described as follows:

Work consisted of reconstructing asphalt concrete, and various concrete improvements on Inyo Avenue and Canal School Road in the City of Newman.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

January 24, 2024 By:

Date

VERIFICATION
I understand, state:

Signature of Owner
Mike Maier, City Clerk
City of Newman
Print Name
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Newman, California
This 24th day of January, 2024.

City of Newman
Owner
Mike Maier, City Clerk
City of Newman
City of Newman
City Manager's Office
Memorandum
Date: January 17, 2024
To: City Council ..,1 {
From: Michael E. Holland~
Agenda Item: 10.a.

Subject: Agenda Item 10.a. - Project Update - Newman Corridors Improvement and Community Connectivity Project.

The City has received a grant to study the T Street corridor and other streets that provided connectivity through the community. A representative from CivicWell (formerly known as Local Government Commission), will update the Council on their work since June 2023 and advise on future meetings and actions. Here is a quick overview of the process:
• With the assistance of PW Director Reyes, convened an advisory group comprised of residents and community members to advise on outreach and engagement for the project. • The advisory group has had one meeting in October 2023, will have the next meeting in March 2024, and a third later in the summer of 2024.
• Developed a community survey (English and Spanish), and has received 46 Responses (Survey in English, Survey in Spanish)
• Developed a project info and Charrette announcement flyer, and distributed it to community members at fall soccer games, the Newman Resource Center, advisory group member's network, and the School District parent distribution list via Peachjar.
• Started planning the Charrett for the First week of February • During the Charrett week, there will be a community workshop - where participants can share concerns and challenges with getting around Newman and talk about possible fixes, interview and listening sessions for residents and community members to meet directly with the design team, open design studio periods where people can see the team work on ideas and concepts, and wrapping up with an Open Studio Session for people to see all the input collected and elements developed. • We hope you will join us at the opening community workshop and other times during the week. We also invite you to let your neighbors and community members know about the Charrett events. • The schedule after the Charrette is to work to develop an administrative draft of the plan and to meet with the advisory group to discuss possible elements to refine in the plan. In the summer meet the project team will meet with city staff to share the administrative draft and collect their input and feedback before sharing the draft plan with the community to confirm concepts and elements at a second community workshop. The team will revise the administrative draft with any final suggestions/edits from the workshop and the advisory group, and prepare a final draft to present to Council for review and approval in the Fall of 2024.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.b.

City Council Meeting
of January 23, 2024
APPROVAL OF THREE (3) AGREEMENTS TO CONTINUE THE IMPLEMENTATION OF

SUSTAINABLE GROUNDWATER MANAGEMENT ACT
RECOMMENDATION:

Authorize the City Manager to execute three agreements pertaining to the continued implementation of the Sustainable Groundwater Management Act. ( 1) Memorandum of Agreement among the Delta-Mendota Groundwater Sustainability Agencies, (2) Special Project Agreement for Development of a Single Groundwater Sustainability Plan and (3) First Amended MOU between City of Newman Groundwater Sustainability Agency (GSA) and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency.

BACKGROUND:

The Sustainable Groundwater Management Act (SGMA) was signed into law in September 2014 and requires that each groundwater basin or subbasin be managed by a Groundwater Sustainability Agency (GSA) or multiple GSAs and that such management include an approved Groundwater Sustainability Plan (GSP) or multiple GSPs. To comply with SGMA, the City of Newman elected to form an independent GSA in November 2016. In 2018, the City entered into a memorandum of understanding (MOU) with San Joaquin River Exchange Contractors Groundwater Sustainability Agency (Exchange Contractors) to participate in the production of coordinated GSPs. The GSPs within the Delta-Mendota Subbasin were submitted to the State in January 2020.

The State Water Resources Control Board concluded the multiple Groundwater Sustainability Plans adopted for the Delta-Mendota Subbasin were deficient.

ANALYSIS:

In response to comments from the State Water Resources Control Board, GSAs in the Delta Mendota subbasin are transitioning towards adoption of a single GSP. This transition is reflected in, and requires approval of, a series of new documents including: (1) Memorandum of Agreement among the Delta-Mendota Groundwater Sustainability Agencies, (2) Special Project Agreement for Development of a Single Groundwater Sustainability Plan and (3) First Amended MOU between City of Newman Groundwater Sustainability Agency (GSA) and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency.

The first agreement (Attachment I) is a Memorandum of Agreement between the Delta-Mendota Groundwater Sustainability Agencies. This agreement identifies that the GSAs within the subbasin intend to mutually cooperate to adopt a single GSP for the subbasin and implement the GSP within their respective territories. It will be the responsibility and obligation of each party to implement the Plan within its boundaries and to pay its proportionate share.

The second agreement (Attachment 2) is a Special Project Agreement between the San Luis & Delta Mendota Water Authority (Authority) and the GSAs within those areas. The purpose of this agreement is to provide a contractual basis for participating GSAs to utilize resources of the Authority, to allow for coordinated access to administrative and technical resources, and to provide a mechanism for sharing the benefits and expenses of obtaining said resources for the purpose for developing a single GSP.

The final agreement (Attachment 3) is an amendment to the original MOU between the City and Exchange Contractors that was entered into in 2018. The objectives of this agreement include: (1) To achieve sustainable groundwater with the Delta Mendota subbasin and City of Newman GSA boundaries, (2) successful coordination between Newman GSA and Exchange Contractors GSA, (3) to avoid conflicts between the GSP and the City's exercise of its land use authority, and (4) to establish terms to which the Exchange Contractors GSA may represent Newman GSA during any Coordinating Committee meetings necessary in drafting a BasinWide MOU.

FISCAL IMPACT:

Upon entering these agreements, the City will be responsible for paying its pro-rata fair share of the drafting of a single GSP.

Agenda Item: 10.b.

CONCLUSION:

As a Groundwater Sustainability Agency (GSA), the City elected to participate as part of a collection of GSAs in the preparation on a Groundwater Sustainability Plan. After a two-year review, the State Water Resource Control Board determined that collaborative effort was "incomplete" and required that the GSPs be revised.

Said plans were revised and re-submitted only to have the Board deem them "inadequate." In an effort to continue to manage the Subbasin locally, as opposed to the State Board, it has been determined that a coordinated effort to draft a single GSP is in the best interest of the participating agencies. Therefore, staff recommends the Council authorize the City Manager to execute three agreements pertaining to the continued implementation of the Sustainable Groundwater Management Act: (1) Memorandum of Agreement among the Delta-Mendota Groundwater Sustainability Agencies, (2) Special Project Agreement for Development of a Single Groundwater Sustainability Plan and (3) First Amended MOU between City of Newman Groundwater Sustainability Agency (GSA) and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency.

ATTACHMENTS:

1. Delta-Mendota Subbasin Coordination Agreement

2. Cost Sharing Agreement - Delta-Mendota Subbasin Coordination

3. Memorandum of Understanding between the City of Newman Groundwater Sustainability Agency and San Joaquin River Exchange Contractors Ground Water Sustainability Agency.

Respectfully submitted,
-<~/~
Michael Holland
City Manager
Attachment 1

MEMORANDUM OF AGREEMENT

AMONG THE DELTA-MENDOTA SUBBASIN

GROUNDWATER SUSTAINABILITY AGENCIES
THIS MEMORANDUM OF AGREEMENT (this "MOA'') is entered into and shall be effective as of the date of full execution below (the "Effective Date"), by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin listed in Exhibit "A" (each a "Party" and collectively the "Parties") and the San Luis & Delta-Mendota Water Authority, which would be executing not as a Party, and is made with reference to the following facts:

RECITALS
A. WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act ("SGMA"); and
B. WHEREAS, SGMA requires all groundwater sub basins designated as high- or medium-priority by the California Department of Water Resources ("DWR") to manage groundwater in a sustainable manner; and
C. WHEREAS, the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin ("Subbasin"), has been designated as a high-priority, critically overdrafted basin by DWR; and D. WHEREAS, the Subbasin includes multiple groundwater sustainability agencies (each a "GSA" and collectively, the "GSAs") that initially managed the Sub basin through the development and implementation of six different groundwater sustainability plans; and E. WHEREAS, pursuant to the requirements ofSGMA (Wat. Code§§ 10720, et seq.) and DWR's SGMA regulations (23 Cal. Code Regs., §§ 350, et seq.), and in recognition of the need to sustainably manage the groundwater within the Subbasin, the Parties entered into that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018 ("Coordination Agreement"), to outline the Parties' obligations and responsibilities regarding SGMA coordination in the Subbasin among the multiple GSAs and multiple groundwater sustainability plans; and
F. WHEREAS, after an approximately two-year review, DWR determined that the coordinated groundwater sustainability plans in the Subbasin were "incomplete" on January 21, 2022, and required that the groundwater sustainability plans be revised to address certain corrective actions by July 20, 2022; and
G. WHEREAS, the Parties did so timely revise and re-submit the amended groundwater sustainability plans to DWR; however, those groundwater sustainability plans, even after revision, were deemed "inadequate" under SGMA by DWR on March 2, 2023; and 3349571vl 1 / 21603.0005 1
H. WHEREAS, the Parties understand that upon DWR's determination that a groundwater sustainability plan is inadequate, SGMA authorizes the State Water Resources Control Board ("State Water Board") to seek to intervene and exercise jurisdiction over the affected subbasin; and
I. WHEREAS, the Parties would like to be able to continue to manage the Subbasin locally in lieu of intervention by the State Water Board if possible; and J. WHEREAS, in order to efficiently coordinate among the large number ofGSAs in the Subbasin, the GSAs now desire to adopt one groundwater sustainability plan ("GSP") for the Subbasin; and
K. WHEREAS, if there is only one GSP for the Subbasin, then the GSAs no longer need the Coordination Agreement, as defined by SGMA; and L. WHEREAS, the GSAs desire to enter into this MOA to coordinate the work and management of the Subbasin and clarify responsibilities of the respective GSAs, in accordance with SGMA; and
M. WHEREAS, the Coordination Agreement shall remain binding and in effect until all Parties have approved a single GSP for the Sub basin, at which time the Coordination Agreement shall automatically terminate, and this MOA shall become operative as provided in Section 12.2.

NOW, THEREFORE, in consideration of the Recitals, which are deemed true and correct and incorporated herein, and of the covenants, terms and conditions set forth herein, the Parties hereto agree as follows:

ARTICLE I- DEFINITIONS

1.1 "Coordination Committee" shall mean the committee of GSA Representatives or GSA Group Representatives established pursuant to this MOA.

1.2 "Coordinated Plan Expenses" are those Subbasin-wide Activities expenses that are shared equally amongst the Coordination Committee members, in accordance with the Participation Percentages.

1.3 "DWR" shall mean the California Department of Water Resources.

1.4 "Effective Date" shall be as set forth in the Preamble.

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

1.6 "GSA Representative" shall refer to the representative of a single GSA that holds a single seat on the Coordination Committee.
334957lvll / 21603.0005 2

1. 7 "GSA Group Representative" shall refer to the representative of a group of GSAs that share a single seat on the Coordination Committee.

1.8 "GSP" shall mean the single Delta-Mendota Subbasin Groundwater Sustainability Plan.

1.9 "MOA'' shall mean this Memorandum of Agreement by and among the Parties.

1.10 "Participation Percentages" shall mean that percentage of Coordinated Plan Expenses allocated to each GSA or GSA Group as described on Exhibit "B" to this MOA, which is attached and incorporated by reference herein, as updated from time to time, but not more frequently than annually.

1.11 "Party" or "Parties" shall mean a GSA or in the plural, two or more GSAs within the Subbasin, who are signatories to this MOA.

1.12 "Plan Manager" shall mean an entity or individual, appointed at the pleasure of the Coordination Committee, or as provided in Article III of this MOA, to perform the role of the Plan Manager to serve as the point of contact to DWR and/or the State Water Board.

1.13 "San Luis & Delta-Mendota Water Authority" or "SLDMWA" shall mean the San Luis & Delta-Mendota Water Authority, a California joint powers agency.

1.14 "SGMA" shall mean the Sustainable Groundwater Management Act, as amended from time to time, commencing at Water Code section 10720, together with its implementing regulations applicable to groundwater sustainability plans, set forth at California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2.

1.15 "SGMA Definitions" shall mean those SGMA-specific definitions provided by statute or regulation; in the event of any inconsistency between a term defined in this MOA and a SGMA-specific definition, the definition contained in this MOA shall prevail.

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

1.17 "Subbasin" shall mean the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin.

1.18 "Subbasin-wide Activities" shall mean those activities or actions that affect the Subbasin as a whole or are otherwise required by SGMA to be determined at the Subbasin level and as defined by a unanimous vote of the Coordination Committee. An initial list of Subbasinwide Activities is identified in Exhibit "D".

1.19 "Water Year" shall mean the period from October 1 through the following September 30.
334957lvl 1 / 21603.0005 3

ARTICLE II- PURPOSE & KEY PRINCIPLES

2.1 Purpose. The Parties shall continue to work together in mutual cooperation to develop the GSP in compliance with SGMA, for the sustainable management of the Subbasin.

Once adopted, each Party hereto shall implement the terms and conditions of the GSP within their respective GSA territories.

2.2 Collaboration. The Parties intend to mutually cooperate to adopt a single GSP for the Subbasin, and to implement the GSP within their respective GSA territories.

2.3 Each Party's Rights. This MOA shall not limit or interfere with any Party's rights or authorities over its own internal matters, including, but not limited to, a Party's legal rights to surface water supplies and assets, groundwater supplies and assets, facilities, operations, water management and water supply matters. Nothing in this MOA is intended to modify or limit a Party's police powers, land use authorities, or any other authority, including the authority to pursue a comprehensive groundwater adjudication or other alternative SGMA compliance strategy, should the Party deem it to be in its best interest to do so.

2.4 Participation Percentage. Each Party shall pay its proportionate share of the Participation Percentage, to cover coordinated Subbasin-wide Activities, set forth on Exhibit "B," as said Exhibit "B" may be modified from time to time in accordance with Section 4.6(b ). Participation Percentage financial contributions shall be treated in accordance with the provisions of Article III.

2.5 Management and GSP Implementation. It is the responsibility and obligation of each Party to this MOA, and any applicable separate agreements, to manage its own GSA and implement the GSP within its GSA's boundaries. It is further the responsibility and obligation of each Party to pay its proportionate share of the Participation Percentage and other payments required as part of implementation of SGMA Subbasin-wide Activities, as may arise from time to time.

ARTICLE III- ROLE OF SLDMWA

3.1 Agreement to Serve. By executing this MOA, not as a Party, SLDMWA agrees to carry out the functions described in this Article III and its subparts consistent with the terms of this Article and under the direction and supervision of the Coordination Committee, subject to the reimbursement and the termination provisions contained in this Article. (a) Secretary. SLDMWA agrees to perform the obligations of the Secretary described in this MOA, by delegation to one or more of its employees or to a consultant under contract to the SLD MW A.
(b) Plan Manager. SLDMW A agrees to perform the obligations of the Plan Manager described in this MOA, by delegation to one or more of its employees or to a consultant under contract to SLDMWA.

3.2 Fiscal Management by SLDMWA and Reimbursement to SLDMWA.

SLDMWA will provide necessary financial and administrative support services contemplated by 3349571v11 I 21603.0005 4
this MOA, including, but not limited to: holding financial contributions made in accordance with the Participation Percentages, accounting for funds held by SLDMWA, reports as requested by the Coordination Committee members concerning funds held, and disbursing said funds for authorized purposes.
(a) Coordination Committee members shall make Participation Percentage contributions required pursuant to this MOA directly to SLDMW A. (b) SLDMW A shall maintain a strict accountability of all funds contributed pursuant to this MOA. SLDMWA shall establish and maintain such accounts to provide for segregation of funds as may be required by good accounting practice. The books and records of SLDMWA pertaining to funds held and expended pursuant to this MOA shall be open to inspection at reasonable times by any entity that has made a contribution.

SLDMW A shall provide an unaudited report of all financial activities for each fiscal year to each Party that has made a contribution during that fiscal year within 60 days after the close of each fiscal year.
( c) SLDMW A shall be authorized to expend funds upon authorization of the Coordination Committee, as provided for in this MOA.
(d) Upon mutual agreement of SLDMWA and each entity obligated to contribute funds pursuant to the Participation Percentages, SLDMWA and the Parties may execute a further agreement concerning fiscal responsibilities not inconsistent with the terms described herein.

3.3 Termination of SLDMWA's Services. Either the Parties acting through the Coordination Committee or SLDMW A, at any time, may terminate the services being provided by SLDMWA pursuant to this MOA upon thirty (30) days' written notice, if from SLDMWA, to the Coordination Committee; and if from the Coordination Committee, to SLDMW A.

ARTICLE IV- COORDINATION COMMITTEE

4.1 Coordination Committee.
(a) The Parties agree to establish a Coordination Committee to perform the functions set forth in this Section 4 in accordance with the voting procedures and requirements set forth herein. Recommendations from the Coordination Committee that require approval or action of each GSA within the Subbasin shall be provided to each Party's respective governing boards for adoption, approval or other recommended action. (b) The Coordination Committee will consist of a total of seven (7) voting members to represent the Sub basin and shall be comprised of the representative of a GSA ("GSA Representative") or a group of GS As (a "GSA Group Representative"), as identified on Exhibit "B." Each GSA Representative or GSA Group Representative shall have one Alternate Representative authorized to vote in the absence of the GSA Representative or GSA Group Representative, as applicable. 334957lvl I I 21603.0005 5
( c) Individuals serving on the Coordination Committee as a GSA Representative or GSA Group Representative shall be selected by each respective GSA or GSA Group at the discretion of that particular GSA or GSA Group, and such appointments shall be effective upon providing written notice to the Secretary. ( d) The Coordination Committee will recognize each GSA Representative or GSA Group Representative and their applicable Alternative Representatives until such time as the Secretary is provided written notice of removal and replacement of said Representative.
( e) Minutes of the Coordination Committee will be prepared and maintained by the Secretary as set forth in Article 4.4(b ).

4.2 Representation. Each Party understands its participation, as more fully set forth in Article IV of this MOA, is based on representation on the Coordination Committee. It is the responsibility and obligation of each Party under this MOA to develop its manner of selecting its respective Coordination Committee Representative and Alternate Representative. For purposes of this MOA, it is assumed that each Coordination Committee Representative has been authorized by the Parties in their respective GSA or GSA Group to participate as described herein.

4.3 Non-Entity Status. The Parties acknowledge and agree that the Coordination Committee created by this MOA does not create a legal entity with power to sue or be sued, to enter into contracts, to enjoy the benefits or accept the obligations of a legal entity, or to exercise any legal authority. The Coordination Committee is not a GSA.

4.4 Coordination Committee Officers. The Officers of the Coordination Committee will include a Chair, Vice Chair, and the Secretary. Except where the Parties have named such Officer in Article III of this MOA, Officers shall be selected at the initial meeting of the Coordination Committee or as soon thereafter as reasonably can be accomplished. (a) Chair and Vice Chair. Any GSA Representative or GSA Group Representative may serve as the Chair. The Vice Chair, who shall also be a GSA Representative or GSA Group Representative, shall serve in the absence of the Chair. In the absence of both the Chair and Vice Chair, a meeting may be led by an Acting Chair, selected on an ad hoc basis, who is a member of the Coordination Committee.

The positions of Chair and Vice Chair shall rotate among the GSA Representative and GSA Group Representatives on the Coordination Committee on an annual basis according to alphabetical order, by name of the GSA or GSA Group, with the first rotation beginning on the date the first Chair is selected. The schedule for annual rotation of Chair and Vice Chair will be set at the first meeting after the Chair is appointed and reviewed and rotated annually at the first meeting of the Water Year. Any GSA Representative or GSA Group Representative may waive designation as Chair. In such a case, the office of Chair would rotate to the next designated entity. (b) Secretary. By a simple majority vote, the Coordination Committee shall select a Secretary to carry out the functions described in this Article 4.4(b ), to serve at the 3349571v11 I 21603.0005 6
pleasure of the Coordination Committee. The Secretary may, but need not, be a Party to this MOA. Notwithstanding the requirement for a majority vote of the Coordination Committee to appoint a Secretary, SLDMWA is hereby designated to serve as the initial Secretary. Termination of SLDMWA's services is subject to Article 3.3.

The Secretary shall select an appointee (who may be SLD MW A staff or a consultant contracting with SLDMWA) to implement the Secretary's responsibilities under this MOA, for example, to coordinate meetings; prepare agendas; circulate notices and agendas; provide written notice to all Parties that the Coordination Committee has made a recommendation requiring approval by the Parties; prepare and maintain minutes of meetings of the Coordination Committee; receive notices on behalf of the Coordination Committee and call to the Coordination Committee's attention the need for responding; and provide such other assistance in coordination as may be appropriate.

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

4.5 Plan Manager. By a simple majority vote of Coordination Committee members present, the Coordination Committee shall select a Plan Manager, who may be a consultant hired by the Secretary, as directed by the action of the Coordination Committee pursuant to this MOA, the representative of an entity that has been selected as Secretary, or a public agency serving as or participating in a GSA that is a Party to this MOA, and who shall serve as the point of contact for DWR as specified by SGMA. Notwithstanding the requirement for a majority vote of the Coordination Committee to appoint a Plan Manager, SLDMW A is hereby designated as the initial Plan Manager, to serve at the pleasure and direction of the Coordination Committee, pursuant to Article III above.

The Plan Manager shall carry out the duties of a "plan manager" as provided in Title 23, division 2, Chapter 1.5, Subchapter 2, California Code of Regulations.

The Plan Manager has no authority to make policy decisions or represent the Coordination Committee without the specific direction of the Coordination Committee. The Plan Manager is obligated to disclose all substantive communications he/she transmits and receives in his/her capacity as Plan Manager to the Coordination Committee.

4.6 Coordination Committee Authorized Actions. The Coordination Committee is authorized to act upon the following enumerated items:
(a) By a simple majority vote of Coordination Committee members present at a regular or special meeting, the Coordination Committee shall review and approve:
334957lvl I /2 1603.0005 7
(i) recommendation( s) to the GS As for approving any technical analyses; (ii) updating of technical analyses as needed;
(iii) developing budgets for Subbasin-wide Activities;
(iv) providing assistance with grants and with coordinated projects and programs;
( v) assigning work to subcommittees and workgroups as needed, providing guidance and feedback, and ensuring that subcommittees and workgroups prepare work products in a timely manner; and
(vi) providing direction to its Officers concerning other administrative and ministerial issues necessary for the fulfillment of the above-enumerated tasks.
(b) By a unanimous vote of Coordination Committee members, the Coordination Committee shall review and approve:
3349571vl 1I 21603.0005
(i) determination of Sub basin-wide Activities, which are initially described in Exhibit ""lY', but may be modified by the Coordination Committee from time to time;
(ii) submittal of annual reports;
(iii) a representative monitoring network;
(iv) final budgets;
(v) submittal of five-year updates;
(vi) revisions to this MOA;
(vii) adding new Parties to this MOA;
(viii) work plans;
(ix) annual estimates of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates, in accordance with the budgetary requirements of the respective Parties; provided, that such estimates or updates with supporting documentation shall be circulated to all Parties for comment at least thirty (30) days in advance of the meeting at which the Coordination Committee will consider approval of the annual estimate;
(x) directing the Plan Manager in the performance of its duties under SGMA; and
(xi) the hiring of consultants for Subbasin-wide Activities, providing direction to and supervision over consultants engaged to assist in acquiring and processing technical data, conducting monitoring and reporting, and all other activities in support of Subbasin-wide Activities. 8 4. 7 Coordination Committee Limitations. When the terms of this MOA or applicable law require the approval of a GSA (such as approval of the GSP, acceptance of an annual report, or approval of a five-year update), that approval shall be required and evidenced as indicated in Article V of this MOA. The Coordination Committee is not a separate GSA and shall not be responsible for approving the GSP, any annual report, or any five-year update thereto; each GSA retains responsibility for such approvals. The Coordination Committee may make recommendations to the Parties for approval of the GSP, an annual report, or any five-year update of the GSP.

4.8 Subcommittees and Workgroups. The Coordination Committee may appoint ad hoc or standing subcommittees, workgroups, or otherwise direct staff made available by the Parties. Such subcommittees or workgroups may include qualified individuals possessing the knowledge and expertise to advance the goals of the GSP on the topics being addressed by the subcommittee, whether or not such individuals are GSA Representatives, GSA Group Representatives or Alternate Representatives.

4.9 Coordination Committee Meetings.
(a) Timing and Notice. The Chair of the Coordination Committee, any two GSA Representatives or GSA Group Representatives, or the Secretary may call meetings of the Coordination Committee as needed to carry out the activities described in this MOA.

The Coordination Committee may, but is not required to, set a date for regular meetings for the purposes described in this MOA. All Coordination Committee meetings shall be held in compliance with the Ralph M. Brown Act (Gov. Code§ 54950 et seq.). (b) Quorum. A majority of the Coordination Committee members, as listed on Exhibit ''B", shall constitute a quorum of the Coordination Committee for purposes of holding a meeting. The Alternate Representative of each GSA or GSA Group shall be counted towards a quorum and as the voting representative(s) in absence of the Coordination Committee GSA Representative or GSA Group Representative for which the Alternate Representative was appointed. If less than a quorum is present, no action may be taken.
(c) Open Attendance. Members of the public, stakeholders, and representatives of the Parties who are not appointed as a GSA Representative or GSA Group Representative on the Coordination Committee may attend all Coordination Committee meetings and shall be provided with an opportunity to comment on matters on the meeting agenda, but shall have no vote.
(d) Minutes. The Secretary's appointee shall keep and prepare minutes of all Coordination Committee meetings. Notes of subcommittee and workgroup meetings shall be kept by the Secretary's appointee or an assistant to the appointee. All minutes and subcommittee and workgroup meeting notes shall be maintained by the Secretary as Subbasin records and shall be available to the Parties and the public upon request. 334957lvll / 21603.0005 9

4.10 Voting by Coordination Committee.
(a) Each GSA Representative or GSA Group Representative that is a member of the Coordination Committee shall be entitled to one ( 1) vote at the Coordination Committee meetings. For GSAs represented by a GSA Group Representative, it shall be up to the Parties in that GSA Group to determine how the GSA Group vote will be cast.

The Coordination Committee shall not be obligated to honor the vote of an individual Party and will only accept the vote of the GSA Representative or GSA Group Representative or Alternate Representative, as identified on Exhibit "B". (b) Except as expressly set forth in Articles 4.6 above and 4.11 and 11.1 below, the vote of a majority of a quorum present at a regular or special meeting of the Coordination Committee shall be required for all other matters on which the Coordination Committee is authorized to act.

4.11 Voting Procedures to Address Lack of Unanimity. When it appears likely that the Coordination Committee will not be able to come to a unanimous decision of Coordination Committee members on any matter for which a unanimous decision is required, upon a majority vote of a quorum of the Coordination Committee, the matter may be subjected to any or all of the following additional procedures.
(a) Straw Polls. Straw poll votes may be taken for the purpose ofrefining ideas and providing guidance to the Coordination Committee, subcommittees, or both. (b) Provisional Voting. Provisional votes may occur prior to final votes. This will be done when an initial vote is needed to refine a proposal, but the GSA Representatives or GSA Group Representatives wish to consult with their respective GSA or GSA Group(s) before making a final vote.
( c) A vote shall be delayed if any GSA Representative or GSA Group Representative declares its intention to propose an alternative or modified recommended action, to be proposed at the next meeting, or as soon thereafter as the GSA Representative or GSA Group Representative can obtain any further information or clarifying direction from its GSA Group or governing body, or both, as needed to propose its alternative or modified recommended action.
(d) If the process outlined in Article 4.1 l(a)-(c) fails to result in a unanimous vote of the GSA Representatives and GSA Group Representatives, any GSA Representative or GSA Group Representative not voting in favor of the recommended action may request that the vote be delayed so that the Coordination Committee can obtain further information on the recommended action (for example, by directing a subcommittee established under this MOA), so the GSA Representative or GSA Group Representative can obtain clarifying direction from its GSA Group or governing body, or both, as needed. ( e) Each Party acknowledges that time is of the essence with respect to SGMA compliance and GSP implementation and agrees to make its best efforts to cooperate 3349571v11 I 21603.0005 10
through the Coordination Committee in coming to a unanimous vote of representatives at a regular or special meeting.

ARTICLE V - APPROVAL BY INDIVIDUAL PARTIES

5.1 Where law or this MOA require separate written approval by each of the Parties, such approval shall be evidenced in writing by providing the adopted resolution or minutes of the respective GSA's Board of Directors' meeting to the Secretary of the Coordination Committee.

ARTICLE VI - POWERS RESERVED TO PARTIES

6.1 Nothing in this MOA shall be interpreted to deprive any Party of its right to:
(a) Act as a GSA within its boundaries;
(b) Exercise authorities granted to each of the Parties as a GSA under SGMA in a manner consistent with the adopted GSP;
(c) Exercise authority to implement SGMA and any GSP adopted pursuant to this MOA consistent with the terms and conditions set forth therein; and (d) Defend, with legal counsel of its own choosing, any challenge to the adoption or implementation of a GSP developed pursuant to this MOA.

ARTICLE VII- EXCHANGE OF DATA AND INFORMATION
7 .1 Exchange of Data and Information. The Parties acknowledge and recognize pursuant to this MOA that the Parties will need to exchange data and information among and between the Parties.

7.2 Procedure for Exchange of Data and Information.
(a) The Parties shall exchange public and non-privileged information through collaboration and/or informal requests made at the Coordination Committee level or through subcommittees designated by the Coordination Committee. However, to the extent it is necessary to make a written request for information to another Party, each Party shall designate a representative to respond to information requests and provide the name and contact information of the designee to the Coordination Committee. Requests may be communicated in writing and transmitted in person or by mail, facsimile, or other electronic means to the appropriate representative as named in this MOA. The designated representative shall respond in a reasonably timely manner. (b) Nothing in this MOA shall be construed to prohibit any Party from voluntarily exchanging information with any other Party by any other mechanism separate from the Coordination Committee.
( c) The Parties agree that each GSA shall provide the data required to develop the Subbasin-wide coordinated water budget.
334957lvll / 21603.0005 11
( d) To the extent that a court order, subpoena, or the California Public Records Act is applicable to a Party, such Party in responding to a request made pursuant to the California Public Records Act for release of information exchanged from another Party shall timely notify the Coordination Committee in writing of its proposed release of information in order to provide the other Parties with the opportunity to seek a court order preventing such release of information.

ARTICLE VIII - MONITORING NETWORK

8.1 In accordance with SOMA, the Parties hereby agree to coordinate the development and maintenance of a monitoring network at a Subbasin level. The Subbasin monitoring network description shall include monitoring objectives, protocols, and data reporting requirements specific to enumerated sustainability indicators. Each GSA is responsible for the following:
(a)
boundary;
(b)
(c)
Operating and maintaining the representative monitoring network within its Filling data gaps in its GSA on a defined schedule;
Collecting data per the approved Subbasin-wide monitoring protocol; ( d) Considering developing and maintaining a supplementary network for collecting data in excess of the minimum need, for the purposes of supporting local management decisions (since the level of detail necessary may not be sufficient in a Subbasin level network); and
(e) Each GSA shall have a minimum of one representative monitoring well (measuring water level and water quality) from each aquifer (above the Corcoran Clay layer - shallow aquifer, or below the Corcoran Clay layer - deep aquifer) in which it has groundwater pumping either within its GSA boundaries or within the area of influence of the pumping that is occurring, sufficient to meet the recommendations of the Subbasinwide GSP consultant.

8.2 The minimum monitoring network shall be based on the evaluation performed by the Subbasin-wide GSP consultant and may change from time to time. The Subbasin-wide GSP consultant shall evaluate the monitoring network to ensure:
(a)
model;
There is a proper spatial and temporal coverage to inform a groundwater (b) The level of monitoring is commensurate with the use in an area (e.g., limited monitoring well(s) in areas that do not pump or higher density of survey benchmarks in areas that have numerous deep wells); and ( c) The network is balanced, so that should an exceedance occur, it is not biased or weighted as a function of a poorly distributed monitoring network. 334957lv l l /2 1603.0005 12

ARTICLE IX- COORDINATED DATA MANAGEMENT SYSTEM
9 .1 The Parties developed and currently maintain a coordinated data management system that is capable of storing and reporting information relevant to the reporting requirements and/or implementation of the GSP and monitoring network of the Subbasin. After providing the Coordination Committee with data from the individual GSAs, the Plan Manager will ensure the data is stored and managed in a coordinated manner throughout the Subbasin and reported to DWR annually as required.

ARTICLE X - ADAPTIVE MANAGEMENT FRAMEWORK

10.1 The Coordination Committee established a "Adaptive Management Framework" applicable to all GSAs in the Subbasin, which is attached hereto as Exhibit "C" and incorporated herein by this reference. This Adaptive Management Framework shall be further refined as part of the GSP development and implementation.

10.2 If and when required pursuant to Exhibit "C", each Party to this Agreement shall participate in the procedures discussed therein without regard to whether the Party is represented by another entity on the Coordination Committee

10.3 As part of the Adaptive Management Framework, each Party commits to continue to evaluate and implement projects and management actions ("P&MAs") within its boundaries to reach sustainability in compliance with SGMA.

ARTICLE XI - MODIFICATION OF THIS MOA

11.1 Addition of a Party. A Party may be added to this MOA only upon the unanimous vote of Coordination Committee members at a regular or special meeting, the Party's execution of a counterpart of this MOA, and its provision of any additional documentation required by this MOA. No Party may be added that is not a GSA within the Subbasin or that fails to share in GSP coordinated expenses.

11.2 Modification or Amendment of this MOA. The Parties hereby agree that this MOA may be supplemented, amended, or modified only by a writing signed by all Parties.

11.3 Amendment for Compliance with Law. Should any provision of this MOA be determined to not be in compliance with legal requirements under circumstances where amendment of the MOA to include a provision addressing the legal requirement will cure the noncompliance, the Parties agree to promptly prepare and shall not unreasonably withhold approval of such amendment.

ARTICLE XII- WITHDRAWAL, TERM, AND TERMINATION

12.1 Withdrawal. A Party may unilaterally withdraw from this MOA without causing or requiring termination of this MOA, effective upon one (1) year written notice to the Secretary and all other Parties. The Plan Manager shall report any such withdrawal to DWR and/or the State Water Board within five (5) days of receipt of the written notice. 334957lvl I / 21603.0005 13
Any Party who withdraws shall remain obligated for GSP coordinated expenses as provided in a separate Cost Sharing Agreement. If no separate Cost Sharing Agreement is then in effect or enforceable against the withdrawing Party, the Party is obligated to pay its share of all debts, liabilities, and obligations the Party incurred or accrued under the MOA prior to the effective date of such withdrawal, which is one ( 1) year after providing written notice to the Secretary and all other Parties, and as also may be established under its separate GSA Group agreement, as applicable, concerning such share of obligations.

Upon withdrawal, a Party agrees that it has a continuing obligation to comply with SOMA and any coordination guidelines and regulations issued by DWR, which require a coordination agreement ifthere are multiple groundwater sustainability plans in the Subbasin. This obligation shall survive the withdrawal from this MOA and is for the express benefit of the remaining Parties.

12.2 Term; Termination of Coordination Agreement. This MOA shall take effect on the Effective Date. Provisions requiring compliance with, and implementation of, the GSP, shall become operative and binding upon the adoption of the GSP. Unless modified as provided in Article 11.2 or terminated as provided in Article 12.3, this MOA shall continue for a term that is coterminous with the requirements of SOMA for the existence of the GSP for the Sub basin. At the time the GSP is adopted by all Parties and this MOA is operative and binding upon the Parties, the Coordination Agreement shall automatically terminate.

12.3 Termination. This MOA may be terminated or rescinded by the unanimous written consent of all Parties. Nothing in this MOA shall prevent the Parties from entering into a coordination agreement for coordination with any other subbasin.

12.4 Indemnification. No Party nor SLDMWA, nor any director, officer or employee of a Party or SLDMW A, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by another Party or SLDMW A under or in connection with this MOA. Each Party shall fully indemnify and hold harmless each other Party and SLDMWA and its agents, directors, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party pursuant to this MOA.

ARTICLE XIII - PROCEDURES FOR RESOLVING CONFLICTS
13 .1 In the event of any dispute arising from or relating to this MOA, except for disputes arising from the inability of the Coordination Committee to reach a unanimous decision, the disputing Party shall, within thirty (30) calendar days of discovery of the events giving rise to the dispute, notify all Parties to this MOA in writing of the basis for the dispute. Within thirty (30) calendar days of receipt of said notice, all interested Parties shall meet and confer in a good-faith attempt to informally resolve the dispute. All disputes that are not resolved informally shall be submitted to arbitration. Within ten (10) days following the failed informal proceedings, each interested Party shall nominate and circulate to all other interested Parties the name of one arbitrator. Within ten (10) days following the nominations, the interested Parties shall rank their top three (3) among all nominated arbitrators, awarding three points to the top choice, two points 334957lvl I / 21603.0005 14
to the second choice, one point to the third choice and zero points to all others. Each interested Party shall forward its tally to the Secretary, who shall tabulate the points and notify the interested Parties of the arbitrator with the highest cumulative score, who shall be the selected arbitrator. The Secretary may also develop procedures for approval by the Parties, for selection in the case of tie votes or in order to replace the selected arbitrator in the event such arbitrator declines to act. The arbitration shall be administered in accordance with the procedures set forth in the California Code of Civil Procedure, section 1280, et seq., and of any state or local rules then in effect for arbitration pursuant to said section. Upon completion of arbitration, if the controversy has not been resolved, any Party may exercise all rights to bring a legal action relating to the controversy.

ARTICLE XIV - GENERAL PROVISIONS

14.1 Authority of Signers. The individuals executing this MOA represent and warrant that they have the authority to enter into this MOA and to legally bind the Party for whom they are signing to the terms and conditions of this MOA.

14.2 Governing Law. The validity and interpretation of this MOA will be governed by the laws of the State of California without giving effect to the principles of conflict oflaws, with venue for all purposes to be proper only in the County of Merced, State of California.

14.3 Severability. Except as provided for cure by amendment in Articles 11.2 and 11.3, if any term, provision, covenant, or condition of this MOA is determined to be unenforceable by a court of competent jurisdiction, it is the Parties' intent that the remaining provisions of this MOA will remain in full force and effect and will not be affected, impaired, or invalidated by such a determination.

14.4 Counterparts. This MOA may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same agreement.

14.5 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this MOA and to execute such further instruments and documents as are reasonably necessary, appropriate, expedient, or proper to carry out the intent and purposes of this MOA.

Signatures on following page
334957lvl 1 I 21603.0005 15
IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date.

ALISO WATER DISTRICT GSA
Print Name: -------- -~
Print Title:

Dated: CENTRAL DELTA-MENDOTA GSA
Print Name: ----------~
Print Title: ------------

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

CITY OF FIREBAUGH GSA
Print Name: __________ _
Print Title:

Dated: _________ _ CITY OF GUSTINE GSA
Print Name: - - ------- --
Print Title: ------------
Dated: CITY OF LOS BANOS GSA - ---- -----
Print Name: - ----------
Print Title: ----~-----
Dated: CITY OF MENDOTA GSA - ---- ---- -
Print Name: --------~
Print Title: --- ---------
334957lvl I / 21603 .0005 16
Dated:

Dated: ----------
Dated: ----------
Dated:

Dated: ---------~
Dated:
334957lvll / 21603.0005

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

CITY OF PATTERSON GSA
Print Name: __________ _
Print Title: ----------~
COUNTY OF MADERA-3 GSA
Print Name: -----------
Print Title: -----------

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

DMIIGSA
Print Name: __________ _
Print Title: __________ _

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

FRESNO COUNTY MANAGEMENT AREA A
GSA
Print Name: __________ _
Print Title: -----------
17 Dated: ----------
Dated: ----------
Dated:

Dated: ----------
Dated: ----------
Dated:

Dated: ----------
334957lvl I / 21603.0005

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

GRASSLAND GSA
Print Name: __________ _
Print Title:

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

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

PATTERSON IRRIGATION DISTRICT GSA
Print Name: -----------
Print Title:

SAN JOAQUIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name: -----------
Print Title: -----------
TURNER ISLAND WATER DISTRICT-2 GSA
Print Name: -----------
Print Title: -----------
18 Dated: _________ _
EXECUTING NOT AS A PARTY:

Dated:
334957lvl l / 21603.0005

WEST STANISLAUS IRRIGATION DISTRICT
GSAl
Print Name: ---- -------
Print Title:

WIDREN WATER DISTRICT GSA
Print Name: __________ _
Print Title: ------ -----

SAN LUIS & DELTA-MENDOTA WATER

AUTHORITY
Print Name: ---------- -
Print Title:
19 EXHIBIT "A"
Parties to the MOA

1. Aliso Water District GSA

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

3. City of Dos Palos GSA

4. City of Firebaugh GSA

5. City of Gustine GSA

6. City of Los Danos GSA

7. City of Mendota GSA

8. City of Newman GSA

9. City of Patterson GSA

10. County ofMadera-3 GSA
11 . County of Merced Delta-Mendota GSA

12. DM II GSA

13. Farmers Water District GSA

14. Fresno County Management Area A GSA

15. Fresno County Management Area B GSA

16. Grassland GSA

17. Northwestern Delta-Mendota GSA

18. Oro Loma Water District GSA

19. Patterson Irrigation District GSA

20. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) 3349571vl I I 21603.0005 20

21. Turner Island Water District- 2 GSA

22. West Stanislaus Irrigation District GSA 1

23. Widren Water District GSA
3349571vll I 21603 .0005 21
EXHIBIT "B"
Coordination Committee Representatives & Participation Percentages Coordination Committee Representatives Participation
Group Contact Ai?ency Percenta2e
1 Aliso Water District GSA Aliso Water District GSA 1/7 Aliso Water District GSA
2 Farmers Water District GSA Farmers Water District GSA 1/7 Farmers Water District GSA
3 Fresno County Management Area A and B GSAs Fresno County Group 1/7 Fresno County Management Area A GSA
Fresno County Management Area B GSA
4 Central Delta-Mendota GSAs Group Central Delta-Mendota GSA 1/7 Central Delta-Mendota GSA
Oro Loma Water District GSA
Widren Water District GSA
5 Northern Delta-Mendota GSAs Group West Stanislaus Irrigation District 1/7 City of Patterson GSA

DM-II GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
6 Grassland GSAs Group Grassland Water District 1/7
Grassland GSA
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSAs San Joaquin River Exchange 7 Group Contractors GSA 1/7
City of Dos Palos GSA
City of Firebaugh GSA
City of Gustine GSA
City of Los Banos GSA
City of Mendota GSA
City ofNewman GSA
Madera County GSA
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSA
Turner Island Water District-2 GSA
3349571v11 I 21603.0005 22
EXHIBIT "C"

ADAPTIVE MANAGEMENT FRAMEWORK FOR THE SUBBASIN
The Groundwater Sustainability Agencies ("GSAs") in the Delta-Mendota Subbasin (the "Subbasin") acknowledge that the Sustainable Groundwater Management Act ("SGMA") has a long-term horizon to achieve sustainability and that management of the Subbasin will require an iterative process on the part of the GSAs and the Coordination Committee to review groundwater conditions at least annually and propose revisions to underlying data, methodologies, assumptions, sustainable management criteria, projects, management actions, and other Subbasin-wide coordinated information as necessary to meet changing conditions. Accordingly, the GS As in the Subbasin establish the following framework for addressing MT exceedances in the SGMA implementation period, as will be further described in the adopted GSP:

1. As a Subbasin-wide Activity, the Subbasin-wide GSP Consultant shall initiate a review of Subbasin-wide data within sixty (60) days after that data is due to be submitted by each GSA (the "Review"). As reporting dates vary based upon the Sustainable Management Criteria ("SMC"), this Review will be done on a regular basis and will be a regular agenda item on the Coordination Committee agendas.

2. The Review shall take into account all matters to be considered in the Annual Report pursuant to the DWR Regulations, section 356.2, including, but not limited to, changes in groundwater elevation, groundwater storage, subsidence, water quality and the status of minimum thresholds ("MTs") and interim milestones in the Subbasin GSP.

3. Should GSA activities result in either a) a pattern of data showing a downward trend (towards a MT exceedance), orb) a MT exceedance, the Coordination Committee (at the recommendation of the Plan Manager, a designated subcommittee, or the Subbasin-wide GSP Consultant) shall immediately notify the GSA and add the downward trend or exceedance information to the next Coordination Committee agenda packet. That GSA shall also be provided with a checklist to help evaluate possible causes of the MT downward trend or exceedance.

4. The GSA may request the Subbasin-wide GSP Consultant to coordinate such trend or exceedance information with that GSA's own consultant, as applicable. Within thirty (30) days of said notice, the GSA shall present a plan of action to the Coordination Committee to address how the GSA will mitigate any downward trend or exceedance and in what timeframe. The intent is for the Coordination Committee to discuss the mitigation plan in an effort to provide helpful ideas to the GSA. However, the GSA is solely responsible for the management actions within its boundaries and the costs to remedy the cause of the MT exceedance if it is attributed to activities occurring within such GSA's jurisdictional boundaries and/or that GSA is not operating within its Sustainable Yield (the "Responsible GSA"). At its sole cost and expense, the Responsible GSA may ask the Subbasin-wide GSP Consultant to further determine: (a) what caused the exceedance; (b) whether or not the Responsible GSA has control over the cause of the MT downward trend or exceedance; (c) whether it is an intra-basin impact from another GSA or an inter-basin impact by a neighboring subbasin; and (d) whether or not the MT exceedance caused injury. 334957lvl I / 21603 .0005 23

5. If there is a determination by the Subbasin-wide GSP Consultant that any MT downward trend or exceedance was caused by intra-basin impacts from another GSA within the Subbasin, such determination will be brought back to the Coordination Committee for further discussion and potential Subbasin-wide action. The Coordination Committee will work with other GSAs to increase existing GSA coordination to remedy the issues causing the downward trend or exceedance and to remedy the responsibility of costs associated with identifying and mitigating the exceedance.

6. If there is a determination that any MT exceedance was caused by a neighboring subbasin, this should be brought back to the Coordination ~ommittee for further discussion and potential Subbasin-wide action. Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or exceedance across Sub basin boundary lines (such as water quality issues, subsidence, or depletion of interconnected surface waters) shall be shared amongst the Coordination Committee equally between Coordination Committee members (i.e. If7th each).

The Coordination Committee will work with other subbasins to expand existing inter-basin coordination to remedy the issues causing the downward trends or exceedances.

7. In the event that the GSA is unabie to mitigate or avoid future MT exceedances with its existing projects and management actions ("P&MAs") and within the timeframe presented to the Coordination Committee, the GSA may seek assistance from the Coordination Committee.

The Coordination Committee may recommend policies or programs to the GSA that the GSA could, in its discretion, adopt to remedy the existence of a MT exceedance and to avoid undesirable results. Furthermore, the Coordination Committee may consider setting triggers in the GSP for GSAs to implement management actions [e.g., sequencing P&MAs] or work on alternative options.
3349571vl I / 21603 .0005 24
334957lvll / 21603.0005 25
EXHIBIT "D"

SUBBASIN-WIDE ACTIVITIES
(Initial List)
• Preparation of and submittal of annual reports
• Preparation of annual estimates of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates, in accordance with the budgetary requirements of the respective Parties
• Plan Manager costs and expenses for the work directed by the Coordination Committee
• Subbasin-wide Consultant costs and expenses, including, but not limited to, collecting information from the Subbasin GSAs, processing technical data, and those identified in Exhibit "C" for the Adaptive Management Framework for the Sub basin
• Preparation of and submittal of five-year updates to the GSP • Revisions to this MOA
• Subbasin-wide outreach
• Litigation costs for an attorney coordinating the GSAs for litigation filed against the entire Subbasin
• Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or MT exceedance across Subbasin boundary lines 3349571vl 1 / 21603.0005 26
Attachment 2

SANLUIS & DELTA-MENDOTA WATER AUTHORITY

SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA)

DEVELOPMENT OF A SINGLE GROUNDWATER SUSTAINABILITY PLAN FOR

THE DELTA-MENDOTA SUBBASIN

SPECIAL PROJECT AGREEMENT
THIS SPECIAL PROJECT AGREEMENT (this "Special Project Agreement") is entered into this 24th day of July, 2023 (the "Effective Date"), by and among (i) San Luis & DeltaMendota Water Authority (the "Authority"); and (ii) the "Special Project Participants" identified on Exhibit "A", which is attached hereto and incorporated herein by this reference.

The Authority and the Special Project Participants may be collectively referred to herein as the "Parties" or individually as a "Party."

RECITALS
WHEREAS, in order to efficiently coordinate among the large number of groundwater sustainability agencies ("GSAs") in the Delta-Mendota Subbasin ("Subbasin"), the GSAs desire to develop and adopt one groundwater sustainability plan ("GSP") for the Subbasin to support sustainable management of the Subbasin in compliance with the Sustainable Groundwater Management Act ("SGMA"); and
WHEREAS, the purpose of this Special Project Agreement is to provide the contractual basis for its signatories to utilize the resources of the Authority to allow for coordinated access to administrative resources, technical resources, and other services, and to provide mechanisms for sharing the benefits and expenses of obtaining such resources for the purpose of developing a single GSP for the Subbasin to comply with SGMA; and
WHEREAS, the Authority and several of the Special Project Participants- Del Puerto Water District ("DPWD"), Patterson Irrigation District ("PID"), West Stanislaus Irrigation District ("WSID"), Oak Flat Water District ("OFWD"), City of Patterson, Merced County, and Stanislaus County, are also parties to that certain Northern Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement, dated August 30, 2021, as amended ("Northern DM SGMA Activity Agreement"); and
WHEREAS, the Authority and several of the Special Project Participants- San Luis Water District ("SL WD"), Panoche Water District, Tranquillity Irrigation District ("TID"), Fresno Slough Water District ("FSWD"), Eagle Field Water District ("EFWD"), Pacheco Water District ("Pacheco WD"), Mercy Springs Water District ("MSWD"), Santa Nella County Water District ("SNCWD"), Fresno County, Merced County, Widren Water District ("Widren WD"), and Oro Loma Water District ("OLWD"), are also parties to that certain Central Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement, dated November 1, 2018, as amended (the "Central OM SGMA Activity Agreement"); and WHEREAS, like this Special Project Agreement, a purpose of the Northern OM SGMA 3357304vll I 21603.0005
Activity Agreement and the Central DM SGMA Activity Agreement (the "Activity Agreements"), is to provide a contractual basis for its participants to realize coordinated access to the administrative and technical resources of the Authority, and to provide a mechanism for sharing the benefits and expenses of obtaining such resources; and WHEREAS, Section 16 of each of the Activity Agreements provides that participants may enter into a Special Project Agreement to achieve any of the purposes or activities authorized by the Activity Agreement and to share in the expenses and costs of such activity; and WHEREAS, pursuant to that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018, entered into by all of the GSAs in the Delta-Mendota Subbasin, Parties that are not Activity Participants, as defined in the Activity Agreements, may enter into a cost sharing agreement with the Authority for the performance of designated functions; and WHEREAS, the Special Project Participants each desire to enter into this Special Project Agreement with the Authority for the purposes of identifying a methodology for sharing single GSP development expenses, consistent with the Coordination Agreement and as appropriate, the Activity Agreements, and pursuant to the terms described herein.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, in the Coordination Agreement and Activity Agreements, and the above stated Recitals, which are deemed true and correct and incorporated herein, the Parties hereto agree as follows:

1. Title. The title of this special project is "Delta-Mendota Subbasin Single GSP Development Project" (the "Special Project").

2. Funding Source. The Authority shall provide accounting and billing services to collect from the Special Project Participants in accordance with this Special Project Agreement, all applicable terms of the Coordination Agreement, and as appropriate, the Activity Agreements.

3. Funding Shares. Costs for single GSP development services provided by EKI Environment and Water, Inc. (EKI) will be divided by Special Project Participants based on shares approved by Coordination Committee members at the October 9, 2023 regular meeting of the Coordination Committee. The total approved funding amount for EKI' s services to develop the single GSP is one million four hundred one thousand fifty-two and no/l 00 dollars ($1,401,052.00).

Additional support and coordination will be provided by Baker, Manock & Jensen, PC and Authority staff with such costs to be split proportionally by all Special Project Participants in compliance with this Special Project Agreement.

4. Description. EKI will coordinate gathering and compiling the necessary information and documents to address DWR's "Inadequate Determination of the Revised 2020 Groundwater Sustainability Plans Submitted for the San Joaquin Valley Basin - Delta-Mendota Subbasin" dated March 2, 2023, in the development of the Special Project. The Parties agree EKI shall serve as the lead for this Special Project, and other consultants employed by GSAs in the Subbasin shall assist by supplying EKI with requested information in as timely a manner as possible. Costs for the work of other GSA consultants shall be the sole responsibility of Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304v l I I 21603.0005
employing/ contracting GSA.

5. Participation. The Authority will assist the Special Project Participants by soliciting and accepting a proposal from EKI. The Authority has previously entered into a master services agreement with EKI. The Authority will provide all administrative services to the Special Project Participants in accordance with the Coordination Agreement and as appropriate, the Activity Agreements. The Parties shall cooperate with each other to achieve the purposes of this Special Project Agreement.

6. Special Project Expense Share. The Special Project Participants shall pay, in shares as memorialized in Exhibit "B" attached hereto and incorporated herein by this reference, and as unanimously approved by all Coordination Committee members at the October 9, 2023 regular meeting, all of the expenses and costs of activities performed pursuant to this Special Project Agreement. The Special Project Participants agree that all expenses and costs incurred by the Authority under this Special Project Agreement are the expenses and costs of the Special Project Participants only, and not of the Authority or of any other party not participating in this Special Project.

7. Participation Obligations. The Special Project Participants shall hold the Authority, and all Authority members and other third-parties that are not participating in this Special Project Agreement, free and harmless from liability and shall indemnify each of them against any and all costs, losses, damages, claims and liabilities arising from performance of this Special Project Agreement.

8. Term and Termination. This Special Project Agreement shall commence upon execution by the Authority and all of the Special Project Participants, and remain in effect for the duration of the single GSP development process and performance of Special Project services. This Special Project Agreement shall terminate at the conclusion of implementation of the Special Project services pursuant to the submittal of a single GSP for the Delta-Mendota Subbasin to the State Water Resources Control Board.

9. Information Access. The Special Project Participants shall have reasonable access to all compiled data, draft documents, reports, records and other such information that is developed and submitted to the Authority as a part of the single GSP development.

10. Interpretation of Documents. As to matters addressed by this Special Project Agreement, in the event of any conflict or inconsistency between the terms of the Special Project Agreement and Coordination Agreement, or the terms of the Special Project Agreement and the Activity Agreements, this Special Project Agreement shall govern. All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them by the Coordination Agreement and/or Activity Agreements.

NOW, THEREFORE, the duly authorized undersigned representatives have executed this Special Project Agreement as of the Effective Date.

Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304v l I / 21603.0005
IN WITNESS WHEREOF, the Parties have executed this Special Project Agreement as of the Effective Date.

ALISO WATER DISTRICT GSA
Print Name: -----------
Print Title: ----- -------

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

Dated: CITY OF DOS PALOS GSA
Print Name: _ _ ________ _
Print Title:

Dated: CITY OF FIREBAUGH GSA
Print Name: ---- --- ----
Print Title: ------------
Dated: CITY OF GUSTINE GSA ----- ----- -
Print Name: --------- - -
Print Title: ----- -------
Dated: CITY OF LOS BANOS GSA ----- ------
Print Name: --------- - -
Print Title:

Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl 1 / 21603 .0005
Dated: _________ _
Dated:

Dated: _________ _
Dated: -----------
Dated: -----------
Dated: -----------
Dated: -----------

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

CITY OF NEWMAN GSA
Print Name: __________ _
Print Title: ___________ _

CITY OF PATTERSON GSA
Print Name: __________ _
Print Title: ------------
COUNTY OF MADERA-3 GSA
Print Name: -----------
Print Title: ------------

COUNTY OF MERCED DELTA-MENDOTA
GSA
Print Name: __________ _
Print Title: ____________ _

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

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

Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304v l I I 21603 .0005
Dated:

Dated: _________ _
Dated:

Dated: _________ _
Dated: _________ _
Dated: ----------

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

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

GRASSLAND GSA
Print Name: __________ _
Print Title:

NORTHWESTERN DELTA-MENDOTA GSA
Print Name: __________ _
Print Title: ___________ _
Print Name: ----------- Print Title:

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

PATTERSON IRRIGATION DISTRICT GSA
Print Name: -----------
Print Title: ------------
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I / 21603 .0005
Dated:

Dated:

Dated:

Dated:

SAN JOAQUIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name: ~~~~~~~--~~~
Print Title: ~~~~~~~~~~~-
TURNER ISLAND WATER DISTRICT-2 GSA
Print Name: ~~~~~~~~~~~
Print Title:

WEST STANISLAUS IRRIGATION DISTRICT
GSAl
Print Name: ~~~~~~~~~~~
Print Title: ~~~~~~~~~~~-

WIDREN WATER DISTRICT GSA

SAN LUIS & DELTA-MENDOTA WATER

AUTHORITY
Print Name: ~~~~~~~~~~~
Print Title:

Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I / 21603 .0005
EXHIBIT "A"
Special Project Participants
Special Project Participants
1 Aliso Water District GSA
Aliso Water District GSA
2 Farmers Water District GSA
Farmers Water District GSA
3 Fresno County Management Area A and B GSAs
Group
Fresno County Management Area A GSA
Fresno County Management Area B GSA
4 Central Delta-Mendota GSAs Group
Central Delta-Mendota GSA
Oro Loma Water District GSA
Widren Water District GSA
5 Northern Delta-Mendota GSAs Group
City of Patterson GSA

DM-II GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
6 Grassland GSAs Group
Grassland GSA
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSAs
7 Group
San Joaquin River Exchange Contractors GSA
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304v l 1 / 21603 .0005
EXHIBIT "B"
Cost-Sharing Allocation
GSA Group Acres Allocated Scaled
% Approach
San Joaquin River Exchange Contractors GSA 291,069 16.70% $233,976 Central Delta-Mendota GSAs Group 163,787 16.70% $233,976 Northern Delta-Mendota GSAs Group 152,140 16.70% $233,976 Grassland GSAs Group 104,137 15.20% $212,960
Aliso Water District GSA 26,636 12.70% $177,934
Fresno County Management Area A and B 22,519 11.00% $154,116 GSAs Group Farmers Water District GSA 2,214 11.00% $154,116
Total 762,502 100.00% $1,401,052
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I I 21603 .0005
Acreage
(%)

38.17%

21.48%

19.95%

13.66%

3.49%

2.95%

0.29%
Attachment 3

FIRST AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF NEWMAN GROUNDWATER SUSTAINABILITY AGENCY AND THE SAN

JOAQUIN RIVER EXCHANGE CONTRACTORS GROUNDWATER

SUSTAINABILITY AGENCY WITH RESPECT TO IMPLEMENTATION OF THE

SUSTAINABLE GROUNDWATER MANAGEMENT ACT IN A PORTION OF THE

DELTA-MENDOTA SUBBASIN
This First Amended Memorandum of Understanding (MOU) is made and effective as of the Effective Date between the City of Newman Groundwater Sustainability Agency, a political subdivision of the State of California (Newman GSA) and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency, a California Special District formed by the California Legislature in SB 372 (2017) (Exchange Contractors GSA or SJRECGSA).

This MOU is made with reference to the following facts and understandings:

A. The Sustainable Groundwater Management Act of 2014, which includes Water Code sections 10720-10736.6 (SGMA) was signed into law on September 16, 2014, and requires that each California groundwater basin or subbasin be managed by a Groundwater Sustainability Agency (GSA) or multiple GSAs, and that such management include an approved Groundwater Sustainability Plan (GSP) or multiple GSPs. GSPs in the Delta-Mendota Subbasin shall be submitted to the California Department of Water Resources by January 31, 2020.

B. The purpose of this MOU is to coordinate SGMA implementation and enforcement between the Newman GSA and Exchange Contractors GSA.

C. The Newman GSA and the San Joaquin River Exchange Contractors, the predecessor of the Exchange Contractors GSA, have for many years jointly and cooperatively studied and successfully managed groundwater in the vicinity of the City.

D. In 2018, SJRECGSA and Newman GSA entered into the Memorandum of Understanding With Respect to Implementation of the Sustainable Groundwater Management Act in a Portion of the Delta-Mendota Subbasin. (2018 MOU). In accordance with the 2018 MOU, SJRECGSA and Newman GSA adopted the San Joaquin River Exchange Contractors Groundwater Sustainability Plan (SJRECGSA GSP). The SJRECGSA GSP included a chapter dedicated to the Newman GSA.

E. The SJRECGSA GSP was one of six Groundwater Sustainability Plans adopted for the Delta-Mendota Subbasin. Pursuant to a Coordination Agreement, SJRECGSA, Newman GSA, and more than 20 additional GSAs agreed to adopt multiple GSPs for the Delta-Mendota Subbasin.

F. In January 2022, the California Department of Water Resources deemed the SJRECGSA GSP, along with the five other GSPs adopted for the Delta-Mendota Sub basin did not satisfy SGMA requirements.

G. In July 2022, SJRECGSA and Newman GSA adopted the First Amended SJRECGSA GSP and submitted the same to California Department of Water Resources. All other GSAs in the Delta-Mendota Subbasin also adopted revised GSPs.

H. In March 2023, California State Water Resources Control Board (SWRCB) and California Department of Water Resources deemed the First Amended SJRECGSA GSP insufficient to meet SGMA requirements.

I. Pursuant to SGMA, the State Water Resources Control Board now has the authority to deem the Delta-Mendota Subbasin to be "probationary" and subject to State Intervention.

SWRCB has tentatively established September 2024 as the date by which it will hold a public hearing to declare the Delta-Mendota Subbasin to be in probationary status.

J. In an effort to avoid the probationary status designation. SJRECGSA, Newman GSA, and all other GSAs in the Delta-Mendota Subbasin are pursuing adoption, submittal to SWRCB, and implementation, of a single GSP for the entire Delta-Mendota Subbasin.

K. The rights and responsibilities of the various GSAs in the Delta-Mendota Subbasin under the Single GSP structure will be set forth in a Memoranda of Understanding (Basin-Wide MOU). The Basin-Wide MOU will be adopted by each GSA in the Delta-Mendota Subbasin, including SJRECGSA and Newman GSA.

M. Notwithstanding the anticipated transition to a Single GSP, SJRECGSA and Newman GSA intend to continue to closely coordinate their respective efforts to comply with SGMA. The terms of the continuing coordination between SJRECGSA and Newman GSA are set forth herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein set forth, and the recitals above, which are incorporated herein by this reference, it is agreed by the Newman GSA and the Exchange Contractors GSA:

I. Effective Date and Relationship of the First Amended MOU to the 2018 MOU A. Relationship to 2018 MOU. Upon and after the Effective Date, this First Amended Memorandum of Understanding shall supersede and replace the 2018 MOU for all purposes.

B. Effective Date. This First Amended MOU shall become effective when both of the following have occurred: (1) the Newman GSA and SJRECGSA have fully executed this MOU; and (2) the Basin-Wide MOU has been signed by all necessary parties and become effective. The 2018 MOU shall remain in full force and effect until the occurrence of the Effective Date of this MOU.

II. Objectives
The objectives of this MOU are:

A. To achieve sustainable groundwater management pursuant to SGMA in those portions of the Delta-Mendota Subbasin (the Basin) that are within the exterior boundaries of both the Exchange Contractors GSA boundary and the City's GSA boundary.

B. To accomplish coordination between the Newman GSA and Exchange Contractors GSA in implementing SGMA.

C. To avoid conflicts between the GSP adopted for the lands subject to this Agreement and the City's exercise of its land use planning authority.

D. To establish the terms pursuant to which SJRECGSA will represent the Newman GSA on any Coordinating Committee established in the Basin-Wide MOU.

III. Territory Subject to the Terms of this MOU. The lands subject to the terms and conditions of this agreement are described and depicted in Exhibit A attached hereto and incorporated herein by this reference.

IV. Monitoring Network and Locations. In the opinion of both the Exchange Contractors GSA and the Newman GSA, the current groundwater monitoring network existing within the Newman GSA meets the requirements 23 CCR§ 354.34. In order to satisfy SGMA requirements, the parties agree:

A. If, at any time, a mutually agreed upon professionally licensed engineer/ hydrogeologist determines that the groundwater monitoring network existing within the Newman GSA does not satisfy the requirements of 23 CCR§ 354.34, the Exchange Contractors GSA shall notify the Newman GSA of the necessary improvements, and Newman shall install such improvements at its expense within a reasonable period.

B. If, after a reasonable period following such notice, Newman GSA does not install such necessary improvements, Exchange Contractors GSA may improve the monitoring network to comply with SGMA. Exchange Contractors GSA shall notify Newman GSA of the anticipated costs and expenses of the improvement prior to taking any action to improve the monitoring network to comply with SGMA. Newman GSA shall review and approve such reasonable expenses of improvement, which approval shall not be unreasonably withheld or delayed. Newman GSA shall reimburse Exchange Contractors GSA for improvement expenditures approved by Newman GSA. All such work shall be performed in accordance with applicable local, state, and federal law including, but not limited to, the California Public Contract Code and prevailing wage requirements.

V. Establishment of Monitoring Protocols.

A. The Groundwater Sustainability Plan established for the Newman GSA shall establish Groundwater monitoring protocols consistent with 23 CCR§ 352.2.

1. The Newman shall perform all testing and monitoring within the Newman GSA in accordance with established protocols. The costs of such testing and monitoring shall be borne by the City.

2. The Exchange Contractors GSA •. shall perform all testing and monitoring within the Exchange Contractors GSA boundary in accordance with established protocols. The costs of such testing and monitoring shall be borne by the Exchange Contractors.

3. Monitoring for static groundwater elevation shall at a minimum represent seasonal high and seasonal low annual groundwater elevations.

VI. Data Exchange. Data collected by the Newman which is useful or necessary to SGMA compliance and implementation shall be provided to the Exchange Contractors as soon as practicable in a form compatible with the Exchange Contractors Data Management System (DMS).

VII. Adoption of a Single GSP for the Delta-Mendota Subbasin, to be Adopted and Implemented by SJRECGSA and Newman GSA. To satisfy SGMA requirements, Newman GSA and SJRECGSA agree to adopt the Basin-Wide MOU, and the Single GSP for the entire Delta-Mendota Subbasin, and to implement those provisions of the GSP applicable to their respective territories.

A. Adoption of the Basin-Wide MOU. Each GSA within the Delta-Mendota Subbasin will be required to adopt the Basin-Wide MOU. Among other material terms, the BasinWide MOU will:

1. Reflect each GSA's commitment to adopt the Single GSP for the Subbasin.

2. Memorialize the Coordination Committee structure for basin-wide decision making.

3. Memorialize each GSA's share of cost responsibility for developing, adopting, and implementing the Single GSP.

4. Confirm that each Party, including Newman GSA, or SJRECGSA, as the case may be, shall, if and when required thereunder, participate in the Adaptive Management Process described in Exhibit "D" to the basin wide MOU.

SJRECGSA may, if appropriate, assist Newman GSA in the Adaptive Management Process, but will not participate in the procedure on the Newman GSAs behalf.

B. Elements of the Single GSP to Apply to Newman GSA:

1. Provisions of the Single GSP applicable to Newman GSA shall reflect regional groundwater conditions and be informed by available information, including studies and plans sponsored in part by neighboring GSAs.

2. Provisions of the Single GSP applicable to Newman GSA shall prohibit new wells with perforations below the Corcoran Clay without consent from both the Newman and the Exchange Contractors. The Newman GSP Chapter will further require that all new and replacement wells shall be equipped with a flow meter with a+/- 5% accuracy.

VIII. Newman to Adopt and Enforce Single GSP
A. Newman shall comply with the requirements of Water Code section 10728.4, including the noticing and convening of the required public hearing prior to adoption of the Single GSP. It is the Parties' intent that following such public hearings and receipt of comments on the Single GSP, that Newman shall adopt the Single GSP as the applicable GSP for the lands within the City's GSA boundary.

B. The Newman shall exercise or cause to be exercised the 'Powers and Authorities' described in Chapter 5 of Part 2.74 of Division 6 of the California Water Code(§ 10725 et.seq.) necessary to implement and enforce the Single GSP.

IX. Compensation for SGMA Costs and Implementation.

A. Newman shall pay 1 % of the Costs assigned under the Single Plan and Basin Wide MOU as the Participation Percentage to be paid by SJRECGSA.

B. If Exchange Contractors GSA anticipates an active role for its agents or employees in the monitoring, management of groundwater, and implementation of the Single GSP within the Newman GSA territory, Exchange Contractors GSA shall develop an annual work plan and estimate therefore, and shall provide such estimate to City. Newman shall review and approve such work plan and estimate, which approval shall not be unreasonably withheld or delayed. Newman shall reimburse Exchange Contractors GSA's direct costs, including reasonable administrative costs, incurred in the implementation of the Newman GSP Chapter set forth in the work plan and estimate.

X. Coordination Framework.

B. Coordination with Groundwater Sustainability Agencies on the Coordination Committee for the Delta-Mendota Subbasin.

A. The Basin-Wide MOU contemplates the creation of a 'Coordination Committee' comprised of representatives from [6-8] of the 23 GSAs in the Delta Mendota Subbasin. The Coordination Committee will be tasked with making strategic decisions concerning elements of the Single GSP and its implementatiu1i.

1. The Newman hereby designates the Exchange Contractors GSA to serve as City's 'GSP Group Representative' (as that term is defined in the Basin-Wide MOU) for all matters relating to the Delta Mendota Groundwater Subbasin and vests the GSP Group
Representative with authority to vote on its behalf concerning matters within the scope of the Coordination Committee's jurisdiction.

2. In executing its responsibilities as a GSP Group Representative, the Exchange Contractors GSA shall receive input, guidance, and direction from City.
d. Final authority to vote on issues before the Coordination Committee established by the Basin-Wide MOU rests exclusively with the Exchange Contractors GSA and shall be exercised pursuant to its discretion.
e. Newman shall possess those rights and responsibilities afforded to parties under Basin-Wide MOU.

XI. Reconciliation of Funding Obligations for SJRECGSA GSP Development.

A. Pursuant to the Terms of the 2018 MOU, each party made various commitments regarding funding of the development and implementation of the SJRECGSA. This provision confirms that all financial matters concerning the development and implementation of these matters have been resolved and are satisfied in full.

XII. Compliance with Laws
A. In any action taken pursuant to this MOU, the Exchange Contractors GSA and the Newman shall comply with all applicable statutes, laws, and regulations, specifically including but not limited to SGMA and its implementing regulations, as they now exist or as may be amended or promulgated from time to time.

B. To the extent that this MOU conflicts with or does not accurately reflect any applicable statutes, laws, or regulations now existing or as amended or promulgated from time to time, the laws, statutes, and regulations shall govern.

C. To the extent that any applicable statutes, laws, or regulations are amended or newly promulgated in such a manner that causes this MOU to conflict with or no longer accurately reflect such statutes, laws, or regulations, this MOU shall be modified in order to comport with the newly amended or promulgated statutes, laws, or regulations.

XIV. Miscellaneous Provisions
A. This MOU may be amended from time to time only by mutual written agreement of the Newman and the Exchange Contractors GSA, in accordance with the terms of this MOU.

This MOU may be terminated in accordance with the terms of this MOU (1) by mutual written agreement of both of the parties to this MOU, or (2) when either or both of the parties to this MOU are no longer participating in the implementation of SGMA within the geographical area subject to this MOU.

B. This MOU contains the entire understanding between the parties relating to this subject matter and supersedes all oral or written agreements between them with respect thereto, including without limitation the 2018 MOU, and no previous written or oral understandings have been or shall be relied upon.

C. The failure of any party in any one or more instances to insist upon strict performance of any terms or provisions of this MOU, or to exercise any option herein conferred, shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms, provisions or options on any future occasion.

D. This MOU is the result of arms-length negotiations between sophisticated parties and ambiguities or uncertainties in it shall not be construed for or against either party.

E. Should the participation of either party to this MOU, or any part, term, or provision of this MOU be superseded by conflicting State legislation as mutually agreed by the patties or decided by a court of competent jurisdiction to be illegal, in excess of that party's authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, or provisions of this MOU shall not be affected thereby and each party hereby agrees it would have entered into this MOU upon the remaining terms and provisions.

F. The rights and duties of the parties to this MOU may not be assigned or delegated, and any attempt to assign or delegate such rights or duties in contravention of this section shall be null and void.

G. This MOU may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the parties hereto. Facsimile or electronic signatures shall be binding.

H. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity.

I. Notices authorized or required to be given pursuant to this MOU shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours, to the parties at the addresses set forth for each below, or to such other changed addresses communicated to the other party in writing.

City:

Name:

Title:

Address:

Telephone:

Exchange Contractors GSA:

Name:

Title:

Address:

Telephone:

J. Each signatory to this MOU certifies that he or she is authorized to execute this MOU and to legally bind the party he or she represents, and that such party shall be fully bound by the terms hereof upon such signature without further act, approval, or authorization of such party.

IN WITNESS WHEREOF, the parties have caused their names to be affixed by their proper and respective officers as of the day and year first above-written.

Newman GSA: Exchange Contractors GSA:

By: By:

Title: Title: