Agenda packet — Newman City Council, November 12, 2024

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING NOVEMBER 12 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 October 22, 2024 Meeting. (View Minutes) d. Adopt Resolution No. 2024- , A Resolution Authorizing Overtime And Portal-To-Portal Pay For Employees. (View Report)
e. Approve The Community Facilities District 2023-1 SB 165 Local Agency Special Tax And Bond Accountability Act Annual Report For 2024/2025. (View Report)

9. Public Hearings.
a. First Reading And Introduction Of Ordinance No. 2024- , An Ordinance Amending Title 11 Public Ways And Property, Section 11.05.040– Of The Newman City Code – Setting Water Rates, Fees And Related Service Charges Effective January 9, 2025, And Authorizing The City Clerk To Publish A Summary Of Said Ordinance. (View Report) b. First Reading And Introduction Of Ordinance No. 2024- , An Ordinance Approving The Mattos Ranch Subdivision Phase 2 Development Agreement. (View Report)

10. Regular Business
a. Adopt Resolution No. 2024- , A Resolution Authorizing The City Manager Or Director Of Public Works To Execute A Voluntary Contribution Agreement With The Valley Water Collaborative For Support Efforts Related To The Nitrate Control Program Management Zone. (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
November 1 – Citywide Curbside Leaf And Brush Pick-Up Begins; Pick-Up Ends March 31st.

November 5 – Election Day.

November 11 – Veteran’s Day – City Offices Closed.

November 12 – City Council – 7:00 P.M.

November 21 – Planning Commission – Cancelled.

November 26 – City Council – Cancelled.

November 28-29 – Thanksgiving Holiday– City Offices Closed.

AP Check Register
October 15, 2024 through November 6, 2024
1 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Advance Marking Systems 10-22-6300 $ 122.99 125209 10/21/2024 Name Tags $ 122.99 125209 Total
Advantage Gear, Inc 10-22-6300 $ 947.65 125261 10/28/2024 Uniforms/ Lucas, Vega $ 947.65 125261 Total
Amazon Capital Services 10-22-6300 $ 84.67 125210 10/21/2024 Cable $ 84.67 125210 Total
AT&T 63-56-6200 $ 10.21 125212 10/21/2024 Alarm 9-13-24 to 10-12-24 AT&T 10-21-6420 $ 30.97 125212 10/21/2024 Landlines 9-13-24 to 10-12-24 AT&T 10-14-6420 $ 88.84 125212 10/21/2024 Landlines 9-13-24 to 10-12-24 AT&T 63-56-6420 $ 89.22 125212 10/21/2024 Landlines 9-13-24 to 10-12-24 AT&T 10-14-6200 $ 10.22 125212 10/21/2024 Alarm 9-13-24 to 10-12-24 AT&T 10-21-6420 $ 363.78 125212 10/21/2024 Circuit Line Between Fresno St to Ceres 9-13-24 to 10-12-24 AT&T 60-50-6200 $ 10.22 125212 10/21/2024 Alarm 9-13-24 to 10-12-24 AT&T 10-07-6420 $ 29.30 125212 10/21/2024 Landlines 9-13-24 to 10-12-24 $ 632.76 125212 Total
AT&T MOBILITY 22-20-6420 $ 9.02 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-44-6420 $ 89.00 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-22-6420 $ 265.69 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-33-6420 $ 93.17 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-45-6420 $ 31.56 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-21-6420 $ 644.71 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-03-6420 $ 75.74 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 73-70-6420 $ 11.28 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 69-47-6420 $ 84.74 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-07-6420 $ 23.67 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-02-6420 $ 19.39 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 63-56-6420 $ 374.55 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 10-06-6420 $ 60.75 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 AT&T MOBILITY 60-50-6420 $ 414.48 125211 10/21/2024 Cell Phone Use 9-03-24 to 10-02-24 $ 2,197.75 125211 Total
AutoZone MS #1 10-22-6300 $ 6.66 125262 10/28/2024 Light Bulbs $ 6.66 125262 Total
Badger Meter 63-56-6350 $ 2,455.09 125213 10/21/2024 Brass Meters $ 2,455.09 125213 Total
BJ's Consumers Choice Pest Control, Inc 10-44-6200 $ 52.98 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 10-07-6665 $ 62.99 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 52.99 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024

AP Check Register
October 15, 2024 through November 6, 2024
2 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description BJ's Consumers Choice Pest Control, Inc 60-50-6200 $ 33.03 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 88.09 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 10-44-6660 $ 52.97 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 10-21-6200 $ 62.98 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 147.99 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 BJ's Consumers Choice Pest Control, Inc 10-22-6200 $ 62.98 125214 10/21/2024 Pest Control Services/City Hall/1162 Main/ September 2024 $ 617.00 125214 Total
BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 280.00 125215 10/21/2024 Pest Control Services/City Wells $ 280.00 125215 Total
CALIF BUILDING STANDARDS 10-00-5310 $ (13.70) 125263 10/28/2024 SB1473 Fees July-September 2024 CALIF BUILDING STANDARDS 10-00-2620 $ 137.00 125263 10/28/2024 SB1473 Fees July-September 2024 $ 123.30 125263 Total
CAMPOS VICTOR 10-21-6200 $ 193.02 125264 10/28/2024 Hospital Watch/ Campos $ 193.02 125264 Total
Canon Financial Services, Inc. 10-21-6200 $ 263.04 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 Canon Financial Services, Inc. 63-56-6200 $ 421.52 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 Canon Financial Services, Inc. 63-56-6200 $ 103.85 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 Canon Financial Services, Inc. 60-50-6200 $ 103.84 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 Canon Financial Services, Inc. 60-50-6200 $ 421.53 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 Canon Financial Services, Inc. 10-22-6200 $ 285.66 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 Canon Financial Services, Inc. 10-14-6200 $ 421.53 125216 10/21/2024 Contract Charges October 2024/Copy Charges September 2024 $ 2,020.97 125216 Total
Civic Well 17-33-7745 $ 2,424.00 125265 10/28/2024 T St Planning Civic Well 17-33-7745 $ 816.00 125265 10/28/2024 T St Planning $ 3,240.00 125265 Total
COMCAST CABLE 10-21-6420 $ 333.32 125217 10/21/2024 High Speed Internet 10-6-24 to 11-5-24 /PD COMCAST CABLE 60-50-6200 $ 69.88 125217 10/21/2024 High speed internet/sewer COMCAST CABLE 63-56-6200 $ 69.90 125217 10/21/2024 High speed internet/water COMCAST CABLE 10-21-6200 $ 69.88 125217 10/21/2024 High speed internet/PD $ 542.98 125217 Total
CSG Consultants, Inc 10-23-6215 $ 8,757.50 125218 10/21/2024 Building Services August 2024 CSG Consultants, Inc 10-23-6215 $ 6,193.50 125218 10/21/2024 Building Services July 2024 CSG Consultants, Inc 10-23-6215 $ 1,170.00 125218 10/21/2024 Building Permit Issuance/ September 2024 CSG Consultants, Inc 10-23-6215 $ 6,012.00 125218 10/21/2024 Building Services September 2024 $ 22,133.00 125218 Total
Dave's Drain Cleaning & Plumbing 69-47-6200 $ 275.00 125219 10/21/2024 Tracing of Electrical Wire at 1266 Duck Blind Cir $ 275.00 125219 Total
DEPART. OF CONSERVATION 10-00-2605 $ 291.57 125267 10/28/2024 Strong Motion Fees July-September 2024

AP Check Register
October 15, 2024 through November 6, 2024
3 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description DEPART. OF CONSERVATION 10-00-5310 $ (14.58) 125267 10/28/2024 Strong Motion Fees July-September 2024 $ 276.99 125267 Total
Division of the State Architect 29-00-2601 $ 571.00 125268 10/28/2024 AB 1379 Fees Payable/July-September 2024 Division of the State Architect 10-00-5095 $ (399.70) 125268 10/28/2024 AB 1379 Fees Payable/July-September 2024 $ 171.30 125268 Total
EMC Planning Group, Inc 40-06-6245 $ 2,649.99 125206 10/16/2024 6th Cycle Housing Element $ 2,649.99 125206 Total
ENVIRONMENTAL TECHNIQUES 60-50-6230 $ 7,479.70 125269 10/28/2024 CBX ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 4,118.97 125269 10/28/2024 Pro Oxidizer $ 11,598.67 125269 Total
Figueroa Sara 10-00-2841 $ 20.00 125220 10/21/2024 Pioneer Park Rental Deposit Refund/ Figueroa $ 20.00 125220 Total
Freedom Forever LLC 10-00-5830 $ 309.58 125221 10/21/2024 Reimbursement for Payment on Permit #2024-231 $ 309.58 125221 Total
FRYE JIONICIA 63-00-2010 $ 103.83 125248 10/21/2024 Refund Check 006038-000, 1500 CORGIAT DRIVE $ 103.83 125248 Total
GEOANALYTICAL LAB, INC. 60-50-6200 $ 427.00 125207 10/16/2024 BOD, TSS, Nitrate as N. TKN, Total Nitrogen GEOANALYTICAL LAB, INC. 63-56-6200 $ 227.00 125207 10/16/2024 Bacti, Nitrate as N, EDT Reporting GEOANALYTICAL LAB, INC. 60-50-6200 $ 427.00 125207 10/16/2024 BOD, TSS, Nitrate as N. TKN, Total Nitrogen GEOANALYTICAL LAB, INC. 63-56-6200 $ 192.00 125207 10/16/2024 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 125207 10/16/2024 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 192.00 125207 10/16/2024 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 235.00 125207 10/16/2024 Nitrate as N, EDT Reporting GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 125207 10/16/2024 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 240.00 125207 10/16/2024 Bacti $ 2,180.00 125207 Total
Gouveia Engineering, Inc 18-32-7739 $ 41.21 125222 10/21/2024 Project 525.02 STPL-5172 (024) Highway 33/ Inyo Gouveia Engineering, Inc 18-32-7768 $ 21.34 125222 10/21/2024 Project 545.07C STPL-5172 (026) Inyo Canal School Gouveia Engineering, Inc 10-31-6200 $ 2,069.81 125222 10/21/2024 Project 525.01 Public Works General Gouveia Engineering, Inc 18-56-7771 $ 1,139.25 125222 10/21/2024 Project 525.12D Jensen Rd Utilities Gouveia Engineering, Inc 17-36-7779 $ 1,022.75 125222 10/21/2024 Project 555.05C Newman Wetlands Gouveia Engineering, Inc 17-36-7780 $ 20,350.25 125222 10/21/2024 Project 555.04-3.2 NEWS Construction Implement Gouveia Engineering, Inc 10-31-6200 $ 28.88 125222 10/21/2024 Project 585.16 True Blue Veterinary Gouveia Engineering, Inc 24-32-7781 $ 42.68 125222 10/21/2024 Project 545.18D Main St & Stanislaus Gouveia Engineering, Inc 17-44-7780 $ 743.00 125222 10/21/2024 Project 555.08 Nature Park $ 25,459.17 125222 Total
Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 145.00 125223 10/21/2024 Tire Dismount/ PW Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 74.00 125223 10/21/2024 New Tube on Mower/ PW

AP Check Register
October 15, 2024 through November 6, 2024
4 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Guerrero's Tire and Auto Repair, LLC 63-56-6530 $ 35.00 125223 10/21/2024 Repair of Flat Tire on Ford F250/ PW Guerrero's Tire and Auto Repair, LLC 69-47-6530 $ 25.00 125223 10/21/2024 Tire Dismount/ PW Guerrero's Tire and Auto Repair, LLC 10-33-6530 $ 25.00 125223 10/21/2024 Tire Dismount/ PW $ 304.00 125223 Total
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 74.00 125270 10/28/2024 Tube Guerrero's Tire and Auto Repair, LLC 10-22-6530 $ 876.00 125270 10/28/2024 4 New Tires on Ford F150/ FD $ 950.00 125270 Total
HOLLAND (NT) MICHAEL 10-00-5830 $ 57.00 125271 10/28/2024 Reimbursement for Recording Fees/ Holland $ 57.00 125271 Total
Hydrofocus, Inc 17-44-7757 $ 3,287.37 125224 10/21/2024 Wetland Restoration Grant Agreement $ 3,287.37 125224 Total
Industrial Electrical Company 10-21-6200 $ 1,060.57 125272 10/28/2024 Generator Repairs $ 1,060.57 125272 Total
JG Nurseries LLC 10-44-6200 $ 214.67 125225 10/21/2024 Trencher Rental JG Nurseries LLC 24-32-7727 $ 290.18 125225 10/21/2024 Concrete $ 504.85 125225 Total
JORGENSEN & COMPANY 10-22-6200 $ 77.41 125226 10/21/2024 Fire Ext Recharge JORGENSEN & COMPANY 10-22-6200 $ 250.12 125226 10/21/2024 Ansul System Semi-Annual Service@ FD JORGENSEN & COMPANY 10-22-6200 $ 459.55 125226 10/21/2024 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service $ 787.08 125226 Total
L.N. CURTIS & SONS 10-22-6300 $ 193.04 125266 10/28/2024 Shut Off Kits $ 193.04 125266 Total
LOBO BARBARA & CHARLES 63-00-2010 $ 2.54 125247 10/21/2024 Refund Check 012487-001, 2247 MT RAINIER CT $ 2.54 125247 Total
Lou's Gloves, Inc 60-50-6300 $ 74.25 125229 10/21/2024 Nitrile Gloves Lou's Gloves, Inc 63-56-6300 $ 74.25 125229 10/21/2024 Nitrile Gloves Lou's Gloves, Inc 69-47-6300 $ 74.25 125229 10/21/2024 Nitrile Gloves Lou's Gloves, Inc 10-44-6300 $ 74.25 125229 10/21/2024 Nitrile Gloves $ 297.00 125229 Total
Lou's Gloves, Inc 60-50-6300 $ 262.00 125273 10/28/2024 Nitrile Gloves $ 262.00 125273 Total
Martinez Automotive Garage LLC 10-44-6530 $ 382.51 125280 10/30/2024 Boom Truck Repair Martinez Automotive Garage LLC 10-33-6530 $ 1,530.06 125280 10/30/2024 Boom Truck Repair Martinez Automotive Garage LLC 69-47-6530 $ 1,912.59 125280 10/30/2024 Boom Truck Repair $ 3,825.16 125280 Total
McKesson Medical-Surgical 10-22-6300 $ 378.44 125230 10/21/2024 Adrenalin, Aspirin, Clucose Test Strips, Gloves $ 378.44 125230 Total
Mendoza Cynthia 10-00-2840 $ 300.00 125231 10/21/2024 Memorial Building Rental Deposit Refund/ Mendoza

AP Check Register
October 15, 2024 through November 6, 2024
5 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 300.00 125231 Total
Merced County Tax Collector 60-50-6680 $ 814.40 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 1,310.70 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 8,082.58 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 577.98 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 4,640.50 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 7,968.00 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 8,905.74 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 2,825.62 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 1,114.60 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 584.40 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 2,051.68 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 11,909.34 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 1,218.08 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 Merced County Tax Collector 60-50-6680 $ 92.74 125232 10/21/2024 Property Tax 7-1-24 to 6-30-25 $ 52,096.36 125232 Total
MID VALLEY IT, INC 63-56-7105 $ 3,746.98 125233 10/21/2024 New Cameras/ City Hall MID VALLEY IT, INC 10-07-7105 $ 3,746.97 125233 10/21/2024 New Cameras/ City Hall MID VALLEY IT, INC 60-50-7105 $ 3,746.97 125233 10/21/2024 New Cameras/ City Hall MID VALLEY IT, INC 63-56-6200 $ 1,567.00 125233 10/21/2024 IT CONTRACT/WATR MID VALLEY IT, INC 60-50-6200 $ 1,567.00 125233 10/21/2024 IT CONTRACT/SEWR MID VALLEY IT, INC 63-56-7105 $ 859.33 125233 10/21/2024 New Camera/ Plaza MID VALLEY IT, INC 10-07-7105 $ 859.33 125233 10/21/2024 New Camera/ Plaza MID VALLEY IT, INC 10-14-6200 $ 1,567.00 125233 10/21/2024 IT CONTRACT/FIN MID VALLEY IT, INC 10-21-6200 $ 3,134.00 125233 10/21/2024 IT CONTRACT/PD MID VALLEY IT, INC 10-07-7105 $ 695.35 125233 10/21/2024 Plaza Camera Installation MID VALLEY IT, INC 63-56-7105 $ 695.35 125233 10/21/2024 Plaza Camera Installation MID VALLEY IT, INC 60-50-7105 $ 859.33 125233 10/21/2024 New Camera/ Plaza MID VALLEY IT, INC 60-50-7105 $ 695.35 125233 10/21/2024 Plaza Camera Installation $ 23,739.96 125233 Total
MOJARRO BOB 63-00-2010 $ 78.22 125246 10/21/2024 Refund Check 016590-000, 832 CASTELLONA DR $ 78.22 125246 Total
Municipal Emergency Services Inc. 10-22-6300 $ 1,144.64 125281 10/30/2024 Facepieces $ 1,144.64 125281 Total
Municipal Emergency Services Inc. 10-22-6300 $ 67.88 125281 10/30/2024 SCBA Repair $ 67.88 125281 Total
Municipal Emergency Services Inc. 10-22-6200 $ 1,011.12 125281 10/30/2024 SCBA Flow Test $ 1,011.12 125281 Total

AP Check Register
October 15, 2024 through November 6, 2024
6 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description One Step GPS LLC 10-22-6200 $ 69.75 125234 10/21/2024 GPS Fleet Tracking Software One Step GPS LLC 60-50-6200 $ 153.45 125234 10/21/2024 GPS Fleet Tracking Software One Step GPS LLC 10-21-6200 $ 209.25 125234 10/21/2024 GPS Fleet Tracking Software One Step GPS LLC 63-56-6200 $ 153.45 125234 10/21/2024 GPS Fleet Tracking Software $ 585.90 125234 Total
P G & E 63-56-6410 $ 921.58 125235 10/21/2024 Gas & Electric @ City Hall 9-4-24 to 10-3-24 P G & E 60-50-6410 $ 921.58 125235 10/21/2024 Gas & Electric @ City Hall 9-4-24 to 10-3-24 P G & E 10-07-6410 $ 921.59 125235 10/21/2024 Gas & Electric @ City Hall 9-4-24 to 10-3-24 P G & E 63-56-6510 $ 54.02 125235 10/21/2024 Natural Gas Pumped @ CNG Fueling Station 9-10-24 to 10-8-24 P G & E 10-21-6510 $ 54.02 125235 10/21/2024 Natural Gas Pumped @ CNG Fueling Station 9-10-24 to 10-8-24 P G & E 60-50-6510 $ 54.02 125235 10/21/2024 Natural Gas Pumped @ CNG Fueling Station 9-10-24 to 10-8-24 P G & E 10-33-6510 $ 432.14 125235 10/21/2024 Natural Gas Pumped @ CNG Fueling Station 9-10-24 to 10-8-24 P G & E 69-47-6510 $ 270.07 125235 10/21/2024 Natural Gas Pumped @ CNG Fueling Station 9-10-24 to 10-8-24 P G & E 10-44-6510 $ 216.07 125235 10/21/2024 Natural Gas Pumped @ CNG Fueling Station 9-10-24 to 10-8-24 P G & E 60-50-6410 $ 24,484.90 125235 10/21/2024 Electrical Charges for Solar Meter @ WWTP 9-9-24 to 10-7-24 $ 28,329.99 125235 Total
Partlow Lisa 10-00-2841 $ 20.00 125274 10/28/2024 Pioneer Park Rental Deposit Refund/ Partlow $ 20.00 125274 Total
Public Agency Coalition Enterprise 10-00-2260 $ 26,514.96 125227 10/21/2024 Health Insurance Premium/ November 2024 $ 26,514.96 125227 Total
Public Agency Coalition Enterprise 10-00-2260 $ 18,903.55 125228 10/21/2024 Health Insurance Premium/ November 2024 $ 18,903.55 125228 Total
Rodrigiez Luz Maria 10-00-2841 $ 20.00 125236 10/21/2024 Pioneer Park Rental Deposit Refund/ Rodriguez $ 20.00 125236 Total
Rolfe Construction, Inc 17-36-7780 $ 411,360.27 125237 10/21/2024 NEWS Project $ 411,360.27 125237 Total
RRM DESIGN GROUP, INC. 17-44-7780 $ 17,405.25 125275 10/28/2024 Newman Nature Park $ 17,405.25 125275 Total
SIERRA INSTALLATIONS, INC 10-44-6200 $ 5,176.00 125238 10/21/2024 Installation & Tune Up Services 2024 Holiday $ 5,176.00 125238 Total
Sierra Medical Services Alliance 10-22-6690 $ 169.00 125282 10/30/2024 BLS Cards $ 169.00 125282 Total
SiteOne Landscape Supply, LLC 60-50-6225 $ 5,599.63 125239 10/21/2024 Installation of Booster Pump $ 5,599.63 125239 Total
Solar Integrated Fund III 60-50-6410 $ 12,409.84 125208 10/16/2024 Solar Production Period 9-1-24 to 9-30-24 $ 12,409.84 125208 Total
STAN CNTY CLERK RECORDER 40-06-6675 $ 2,916.75 125242 10/21/2024 Notice of Determination Fish & Game Fees $ 2,916.75 125242 Total

AP Check Register
October 15, 2024 through November 6, 2024
7 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Stanislaus County Auditor-Controller 10-00-2600 $ 5,729.00 125276 10/28/2024 County Impact Fees Payable/Jul-Sep 2024 Stanislaus County Auditor-Controller 10-00-5310 $ (57.29) 125276 10/28/2024 County Impact Fees Payable/Jul-Sep 2024 $ 5,671.71 125276 Total
Stanislaus County Auditor-Controller 10-00-2563 $ 1,000.00 125277 10/28/2024 Return of Evidence Money/ NP23000901 $ 1,000.00 125277 Total
Stanislaus County Dept of Environmental Resources 63-56-6675 $ 235.50 125240 10/21/2024 Business Plan Fee, CESQG, CUPA, CERS/ Corp Yard Stanislaus County Dept of Environmental Resources 60-50-6675 $ 235.50 125240 10/21/2024 Business Plan Fee, CESQG, CUPA, CERS/ Corp Yard Stanislaus County Dept of Environmental Resources 60-50-6675 $ 413.00 125240 10/21/2024 Business Plan Fee, CESQG, CUPA, CERS/ WWTP $ 884.00 125240 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7782 $ 4,011.00 125243 10/21/2024 Project# 184031755 Construction Management & Resident $ 4,011.00 125243 Total
STAPLES ADVANTAGE 63-56-6300 $ 3.52 125278 10/28/2024 Lens Cleaning Wipes STAPLES ADVANTAGE 60-50-6300 $ 3.52 125278 10/28/2024 Lens Cleaning Wipes STAPLES ADVANTAGE 10-14-6300 $ 3.52 125278 10/28/2024 Lens Cleaning Wipes $ 10.56 125278 Total
State of Calif Dept of Justice 10-00-2014 $ 1,337.00 125241 10/21/2024 Fingerprint Apps/FBl/Child Abuse Index State of Calif Dept of Justice 10-00-2014 $ 32.00 125241 10/21/2024 Fingerprint Apps/FBl/Child Abuse Index $ 1,369.00 125241 Total
The Sherman-Williams Company 10-33-6300 $ 66.65 125244 10/21/2024 Paint & Paint Supplies for Public Works $ 66.65 125244 Total
Torres Adrian 10-22-6690 $ 34.00 125245 10/21/2024 Reimbursement for EMR Certification/ Torres $ 34.00 125245 Total
Vega Sanchez Alma 10-00-2840 $ 199.68 125279 10/28/2024 Memorial Building Rental Deposit Refund Minus $100.32/ Vega $ 199.68 125279 Total
Vestis 10-21-6200 $ 186.56 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 Vestis 63-56-6200 $ 73.59 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 Vestis 10-33-6200 $ 110.39 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 Vestis 60-50-6200 $ 110.39 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 Vestis 10-22-6200 $ 89.03 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 Vestis 10-44-6200 $ 73.59 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 Vestis 10-07-6200 $ 123.04 125249 10/21/2024 Uniform Cleaning/Mat Rental/Shop Towels/ September 2024 $ 766.59 125249 Total
West Coast Pet Memorial Services 10-21-6208 $ 53.40 125251 10/21/2024 Disposal Clinic $ 53.40 125251 Total
Westside Connect 10-01-6600 $ 50.00 125250 10/21/2024 Single Box Ad Westside Connect 63-56-6300 $ 92.24 125250 10/21/2024 Mailing Labels Westside Connect 10-06-6200 $ 200.00 125250 10/21/2024 Public Notice Intent to Adopt a Mitigated Negative Declaration Westside Connect 40-06-6245 $ 280.00 125250 10/21/2024 Public Notice Intent to Adopt a Mitigated Negative Declaration

AP Check Register
October 15, 2024 through November 6, 2024
8 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Westside Connect 10-14-6300 $ 92.25 125250 10/21/2024 Mailing Labels Westside Connect 60-50-6300 $ 92.25 125250 10/21/2024 Mailing Labels Westside Connect 63-56-6600 $ 50.00 125250 10/21/2024 Single Box Ad Westside Connect 60-50-6600 $ 50.00 125250 10/21/2024 Single Box Ad $ 906.74 125250 Total
Wex Bank 10-44-6500 $ 170.84 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 10-21-6500 $ 4,228.20 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 10-33-6500 $ 696.15 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 10-22-6500 $ 1,898.94 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 63-56-6500 $ 1,471.76 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 10-07-6500 $ 88.45 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 69-47-6500 $ 577.80 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 Wex Bank 60-50-6500 $ 683.06 125252 10/21/2024 Gas and Diesel Purchases 9-16-24 to 10-15-24 $ 9,815.20 125252 Total
White Brenner, LLP 10-15-6200 $ 19.60 125253 10/21/2024 Professional Srvcs Rendered Through Sep 2024 PRA White Brenner, LLP 10-15-6200 $ 705.60 125253 10/21/2024 Professional Srvcs Rendered Through Sep 2024 PD White Brenner, LLP 10-15-6200 $ 1,247.58 125253 10/21/2024 Through Sep 2024 General Municipal $ 1,972.78 125253 Total
$ 725,162.05 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING OCTOBER 22, 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, 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 September 24, 2024 Meeting.

ACTION: On A Motion By McDonald Seconded By Thompson, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES:

None; ABSENT: None; NOT PARTICIPATING: None.

9. Public Hearings.
a. Approve 6th Cycle Housing Element.

City Manager Holland Introduced Anastazia Aziz.

Anastazia Aziz, AICP, Principal, EMC Planning Group, Presented And Reviewed The Housing Element Update/General Plan Amendment No. 2024-01. Aziz Discussed Regional Housing Needs, Key Implementation Programs, Community Engagement, HCD’s Comments, And The Environmental Review/CEQA Analysis.

Mayor Graham Asked What Would Happen If The City Did Not Meet The Number Of Housing Units Or Low-Income Housing Units That The State Required In The Housing Element.

Anastazia Aziz Stated That There Would Be An Annual Review And She Indicated That As Long As The City Was Showing Progress And Demonstrating A Level Of Effort To Comply With Said Plan There Likely Wouldn’t Be Any Action Taken. Aziz Stated That If The City Did Not Achieve The Metrics The State Could Add More Housing Units To The City’s Next Cycle, But As Long As The City Was Making An Effort And Showed Progress They Would Probably Be Okay.

Mayor Graham Inquired If There Would Be Penalties If The Council Chose Not To Adopt The Said Document.

Anastazia Aziz Noted That The City Would Be Non-Compliant, At Risk For Fines, And Would Be Ineligible For Infrastructure Grant Monies.

Mayor Graham Commented That The State Was Strong Arming The Cities With The Taxpayer’s Money.

Council Member Tomlinson Asked If The City Would Still Be Required To Meet The Number Of Units The State Was Requiring If The Housing Market Crashed And The Interest Rates Remained High. Tomlinson Asked If There Was Any Leeway Or If The City Would Still Be Held To The State’s Same Metrics.

Anastazia Aziz Replied That The State Wants To See That The City Was Making An Effort To Facilitate Housing And Stated As Long As The City Was Making Said Effort, They Would Likely Be Serving The Goal Of The State Housing And Community Development Department.

City Attorney Goldstein Explained That The City Could Be Fined, Be Ineligible For Funding, And Potentially Be Referred To The Attorney General And Possibly Sued By The State For Failure To Comply With These Housing Requirements. Goldstein Stated That The State Is Now Imposing Specific Housing Policies.

City Manager Holland Pointed Out That All The State Is Asking The Council To Do At This Time, Is Approve A Planning Document For How The City Would Develop Housing In The Future, And Remove Barriers That Would Not Allow A Developer To Develop Low-Income Housing. Holland Emphasized That Doesn’t Mean That The City Has To Build The Required Units But Rather Remove Said Barriers.

Mayor Graham Stated That The State Should Not Be Telling The City How They Should Develop.

City Manager Holland Explained That The City Would Need To Plan For One Thousand Units But Not Necessarily Have To Build That Many Units.

Council Member Ball Noted That He Took Issue With The State Forcing Their Problems On The Cities. Ball Stated That He Thinks The City Needed To Adopt The Housing Element, But Was Opposed To The State Forcing The City To Take On Its Problems And Feared That The City Would Be Increasingly Forced To Take On The Burdens Of The State.

Mayor Graham Opened The Public Hearing At 7:38 P.M.

There Being No Public Comment, Graham Closed The Public Hearing At 7:38 P.M.

I. Approve Resolution No. 2024-35, Adopting The Mitigated Negative Declaration And Associated Mitigation Monitoring And Reporting Program For The 2023-2031 Housing Element Update.

ACTION: On A Motion By Tomlinson Seconded By McDonald, Resolution No. 2024-35, Adopting The Mitigated Negative Declaration And Associated Mitigation Monitoring And Reporting Program For The 2023-2031 Housing Element Update Was Adopted, By The Following Roll Call Vote: AYES:

McDonald, Ball, Tomlinson, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

II. Approve Resolution No. 2024-36, Approving General Plan Amendment No. 2024-01 Repealing The 2015-2023 Housing Element And Adopting The 2023-2031 Housing Element Of The General Plan In Compliance With State Housing Element Law.

Mayor Graham Noted That The City Needed To Approve The Housing Element Because Otherwise, The City Would Not Be Eligible For Funding But Noted That It Was Unfortunate That The State Was Imposing Their Will On The City.

Council Member Tomlinson Asked For Confirmation That If The Council Did Adopt The Housing Element, The City Would Be In Compliance With The State, But There Would Still Be Some Flexibility Regarding How Many Homes Would Be Built.

City Manager Holland Explained That By Adopting The Housing Element The City Council Was Agreeing To Implement The Policies And Programs Contained In The Housing Element. Holland Pointed Out That Said Policies And Programs Would Make The City Available To Develop Housing Projects In The City. Holland Noted That Each Project Would Still Need To Be Approved But Indicated That If The City Were To Deny Multiple Housing Projects They Could Be In Trouble.

City Attorney Goldstein Stated That The Planning Commission Would Still Need To Approve The Projects And There Would Still Be Components That Were In The City Council’s Control. Goldstein Noted That From A Policy Standpoint, If The Council Approved The Housing Element They Were Ultimately Allowing Housing Projects To Develop.

City Manager Holland Mentioned That The City Would Still Need To Evaluate The City Code To Ensure There Were No Barriers In Place That Prevent Good Housing Projects.

McDonald Emphasized That The City Would Be In A Better Position If They Adopted The Housing Element And Ultimately Have Better Control Over The City’s Destiny.

City Manager Holland Mentioned That In The Worst Case Scenario If The City Failed To Comply, The State Could Take Over The City’s Building And Planning Departments And Thereby Lose All Local Control Over Development.

ACTION: On A Motion By Tomlinson Seconded By McDonald, Resolution No. 2024-36, Approving General Plan Amendment No. 2024-01 Repealing The 2015-2023 Housing Element And Adopting The 2023-2031 Housing Element Of The General Plan In Compliance With State Housing Element Law Was Adopted, By The Following Roll Call Vote: AYES: Tomlinson, McDonald, And Mayor Graham; NOES: Ball; ABSENT: None; NOT PARTICIPATING: None.

10. Regular Business
a. Second Reading And Adoption Of Ordinance No. 2024-02, Amending Title 5, Zoning And Accompanying Maps Of The City Of Newman By Rezoning 6.2 Acres From Highway Commercial (C-8) To Planned Development (P-D) And Authorize Staff To Publish A Summary Of Said Ordinance.

ACTION: On A Motion By Tomlinson Seconded By McDonald, Ordinance No. 2024-02, An Ordinance Amending Title 5, Zoning And Accompanying Maps Of The City Of Newman By Rezoning 6.2 Acres From Highway Commercial (C-8) To Planned Development (P-D) Was Adopted And Staff Was Authorized To Publish A Summary Of Said Ordinance, By The Following Vote: AYES:

McDonald, Tomlinson, And Mayor Graham; NOES: Ball; ABSENT: None; NOT PARTICIPATING:

None.

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

12. Items From The City Manager And Staff.

City Manager Holland Thanked The City Council For Adopting The Housing Element And Noted That He Understood Their Comments And Concerns And Emphasized That Local Control Was Important. Holland Thanked The Veterans For Their Service And Reminded Everyone To Vote.

Recreation Director/Community Liaison Mendoza Reported That The Trunk Or Treat Event Would Be On October 31st And Noted That The Christmas Tree Lighting Event Would Be On Saturday, December 7th. Mendoza Pointed Out That The Upcoming Week Would Be The Last Day Of The Youth Soccer Season.

Chief Richardson Noted That Halloween Was Around The Corner And Implored Everyone To Make The Children Visible And Watch For Pedestrians.

Finance Director Humphries Reported That The Treasure’s Reports Had Resumed. Humphries Noted That At The Next Council Meeting, The Council Would Be Discussing The City’s Water Rates.

Public Works Director Spankowski Discussed Outreach For The Urban Forest Management Plan.

Spankowski Noted That The Fall Clean-Up Event Had Been Successful. He Pointed Out That The Public Works Department Was Currently Preparing For The Holiday Season.

Chief Bowen Reminded Everyone To Utilize Caution With Open Flame Candles. Bowen Mentioned That The Time Was Going To Change Soon And Reminded Everyone To Change The Batteries In Their Smoke Detectors.

13. Items From City Council Members.

Council Member McDonald Asked For An Update On The Nature Park.

City Manager Holland Noted That The Project Would Likely Be Going Out To Bid In The Spring Of 2025 And Probably Open Sometime In 2026. Holland Mentioned That The NEWS Project Was Getting Closer To Completion.

Council Member McDonald Asked About A Memorial For Kathryn Reyes At The Said Project.

City Manager Holland Noted That A Memorial For Ms. Reyes Was Already In The Works.

Council Member Ball Thanked Anastazia Aziz For Her Presentation.

Mayor Graham Wished Everyone A Happy Veterans Day And Reminded Everyone To Vote.

14. Adjournment.

ACTION: On A Motion By Ball Seconded By Tomlinson And Unanimously Carried, The Meeting Was Adjourned At 7:55 P.M.

Honorable Mayor and Members
of the Newman City Council

ADOPT RESOLUTION AUTHORIZING OVERTIME AND

PORTAL-TO-PORTAL PAY FOR EMPLOYEES
RECOMMENDATION:

Agenda Item: 8.d.

City Council Meeting
of August 13, 2024
Staff recommends that the City Council Adopt Resolution No. 2024- , a resolution authorizing overtime and portalto-portal pay for employees.

BACKGROUND:

The California Governor's Office of Emergency Services (Cal-OES) manages and utilizes local fire agencies to respond under the California Mutual Aid System. The system intends to systematically mobilize, organize, and operate necessary fire and rescue resources to mitigate the effects of disasters. Cal-OES, CAL-Fire, and Federal Fire Agencies will generally use the Agreement for engines, water tenders, bulldozers, hand crews, and overhead to address incidents once their resources are exhausted. Cal-OES, CAL-Fire, and Federal Fire Agencies developed the California Fire Assistance Agreement (CFAA) to establish and enter into an Agreement for the prudent use of such emergency apparatus and personnel. The CF AA is used for reimbursing local government agencies for the use of their resources. When this agreement is exercised to obtain Cal-OES resources and/or resources through the California Mutual Aid System, those resources will be reimbursed according to the terms of the CF AA.

ANALYSIS:

The City ofNewman Fire Department has personnel and resources that meet the terms of the CFAA. These resources are available and can be utilized to assist during statewide disasters. The City's ability to cover its community's needs while supporting the California Mutual Aid System is commendable. The CF AA intends to reimburse California Mutual Aid System Agencies, including accrued financial liability for the cost of assisting the State of California and the Federal Agencies. The Agreement's rates, methodologies, and formulas are intended to cover such costs. The reimbursement shall be consistent with the California Mutual Aid System Agency's standard internal business practices and any existing Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA), Governing Body Resolution (GBR), or equivalent, which supports those business practices. With the adoption of the resolution, the reimbursement for responses that exceed 12 hours in duration shall cover the entire time of commitment, beginning at the time of initial dispatch from the home base to the time of return to the home base (portal-to-portal).

FISCAL IMPACT:

This fiscal year's impact is not immediate as the program was not budgeted. During future budgets, the Fire Department will use the approved pay rate and seek reimbursement from Cal-OES. Cal-OES will reimburse at the approved rate, including salaries, benefits, vehicle costs, and administration fees.

CONCLUSION:

Approval of the resolution will authorize the Newman Fire Department to be reimbursed for costs incurred from the time of dispatch to the time of return for all personnel and apparatus deployed using the California Mutual Aid System as described in the CF AA.

ATTACHMENTS:

I. Resolution No. 2024-
Respectfully submitted,
n,fJ.--- Fire Chief
REVIEWED/CONCUR:

Michael Holland,
City Manager
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY OF NEWMAN CITY COUNCIL AUTHORIZING

OVERTIME AND PORTAL-TO-PORTAL PAY FOR EMPLOYEES
WHEREAS, the City of Newman Fire Department is a public agency located in the County of Stanislaus, State of California; and
WHEREAS, the Fire Department desires to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the Fire Department has in its employ Fire Department response personnel including a Fire Chief, Fire Battalion Chiefs, Fire Captains, Fire Engineers, Firefighter/EMTs, Firefighters; and WHEREAS, the Fire Department will compensate its employee's portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and WHEREAS, the Fire Department will compensate its employees overtime in accordance with current labor laws while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman hereby adopts the resolution authorizing overtime and portal-to-portal pay for employees.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of November, 2024 by Council Member , who moved its adoption, which motion was duly seconded and the resolution was adopted by the following 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
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001

AGREEMENT FOR LOCAL GOVERNMENT FIRE AND EMERGENCY

ASSISTANCE TO THE STATE OF CALIFORNIA AND FEDERAL FIRE AGENCIES Between
STATE OF CALIFORNIA, GOVERNOR'S OFFICE OF EMERGENCY SERVICES; STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION; USDA FOREST SERVICE, PACIFIC SOUTHWEST REGION;

USDI BUREAU OF LAND MANAGEMENT, CALIFORNIA STATE OFFICE, INTERIOR REGIONS 8 and 10;
USDI NATIONAL PARK SERVICE, INTERIOR REGIONS 8, 9, 10, and 12; USDI FISH AND WILDLIFE SERVICE, PACIFIC SOUTHWEST REGION; and USDI BUREAU OF INDIAN AFFAIRS, PACIFIC REGION
THIS AGREEMENT made and entered into on last date signed by and between the State of California, Governor's Office of Emergency Services, hereinafter referred to as Cal OES; the State of California, Department of Forestry and Fire Protection, hereinafter referred to as CAL FIRE; the USDA Forest Service (USFS), Pacific Southwest Region; the USDI Bureau of Land Management (BLM), California State Office, Interior Regions 8 and 1 O; the USDI National Park Service (NPS), Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service (FWS), Pacific Southwest Region, and USDI Bureau oflndian Affairs (BIA), Pacific Region, hereinafter referred to as the Federal Fire Agencies; all parties hereinafter referred to as Cal OES, CAL FIRE, and the Federal Fire Agencies, under the provisions of the Reciprocal Fire Protection Act, 42 USC 1856 and 1856a, the Disaster Relief Act of 1974, PL 93-288, as amended, and The Federal Land Policy and Management Act of 1996, (PL 94-579, Sec, 307(b)).

NAME
This Agreement shall be entitled "Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies", hereinafter referred to as the California Fire Assistance Agreement, CFAA, or the Agreement.

RECITALS

1. The Federal Fire Agencies are responsible for providing a level of wildland fire protection for federal lands, as designated by Congressional action and Federal policy; and

2. CAL FIRE is responsible for providing a level of wildland fire protection for State Responsibility Area lands, as designated by the State Board of Forestry and Fire Protection; and

Page 1 ends

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-Fl-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001

3. For efficiency and effectiveness, CAL FIRE and the Federal Fire Agencies may exchange wildland fire protection area responsibilities with the understanding that Local Responsibility Area lands are not part of this Agreement or included in the exchange; and

4. Cal OES is responsible to provide for systematic mobilization, organization, and operation of necessary fire and rescue resources through the California Fire and Rescue Mutual Aid System in mitigating the effects of disasters and to ensure that the responding agencies understand and comply with the terms and conditions of the Agreement applicable to their response; and

5. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies, at times of severe wildfire conditions and other emergencies, often have a need for emergency apparatus and/or personnel to provide fire protection or perform other tasks during control actions; and

6. Cal OES, through the California Fire and Rescue Mutual Aid System, has such emergency apparatus and personnel, which may be available in the spirit of cooperation for dispatch and use; and

7. It is desirable that Cal OES, CAL FIRE, and the Federal Fire Agencies establish and enter into an Agreement for the prudent use of such emergency apparatus and personnel; and

8. Cal OES, CAL FIRE, and the Federal Fire Agencies will generally use the Agreement for engines, water tenders, bulldozers, hand crews, and overhead to address incidents once local agreement resources are exhausted, or where a local agreement is not in place; and

9. Cal OES may use the Agreement to mobilize all-hazard resources when warranted by its authority; and

10. Cal OES and the Federal Fire Agencies will use the Agreement to order the appropriate aviation resources when a mobilization cannot be executed through a local agreement; and

11. The Agreement may be used to reimburse rostered California Interagency Incident Management Team members (CIIMT); and

12. Cal OES, CAL FIRE, and the Federal Fire Agencies shall use this Agreement for reimbursing local government agencies for the use of their resources. Annual operating plans may be utilized at the local level to facilitate administrative and operational issues; and

13. When this Agreement is exercised to obtain Cal OES resources and/or resources through the California Fire and Rescue Mutual Aid System, those resources will be reimbursed pursuant to this Agreement; and
Page2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001

14. When ordering local agency apparatus and personnel in Recital 5 of this Agreement from other local agencies through the California Fire and Rescue Mutual Aid System, a local agency may utilize this Agreement as the fiscal authority for reimbursing other local agencies; and

15. Responsibility for determining the basis for requesting assistance through this Agreement rests with the Incident Commander or through the Emergency Command Center. The Incident Commander is responsible for all assignments and tactical decisions for resources obtained through this Agreement.

16. Agreement Committee

16.1 California Fire Assistance Agreement Committee. A California Fire Assistance Agreement Committee (the 'Committee') shall be formed by Cal OES for the purpose of negotiating the terms of the CF AA, and for maintenance of the Agreement. For the purposes of coordination, Cal OES Fire and Rescue Division's State Fire and Rescue Chief, or the Chiefs designee, shall serve as the Chairperson.

16.2 Composition of the Committee. The Committee shall consist of representatives from Cal OES, CAL FIRE, the Federal Fire Agencies, and three advisory representatives from local government agencies in California: one from Northern California, one from Southern California, and one representing volunteer fire departments. The local government agency representatives shall be appointed by the Chairperson of the State of California Fire and Rescue Advisory Committee/FIRESCOPE, Board of Directors.

16.3 Committee Meetings. The Committee will meet quarterly via conference call, video conferencing, or m person.

16.4 Rate Letter. The Committee will meet at a minimum once a year (January) to establish the Base Administrative Rate, Personnel Base Rates, and Equipment Rates to become effective upon publication of the "Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies Rate Letter" (Rate Letter) each year. These rates will be published annually by the Cal OES Fire and Rescue Division in the Rate Letter.

The Committee will review the Salary Rates and Administrative Rates on file with Cal OES Fire and Rescue Division, as well as negotiate procedural changes. The Salary Rates and Administrative Rates are subject to change throughout the year due to labor negotiations, cost of living increases, etc.

After the annual or emergency exhibit review by the Committee, Cal OES will publish rates, formulas, and methodologies in the Rate Letter. Rates will become effective on the date(s) provided in the Rate Letter. In addition, Cal OES will provide a copy of the Rate Letter directly to each signatory agency's point of contact.

Page3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001

16.5 Changes to Equipment Rates. Cal OES will monitor and track the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates. If a change in schedule occurs after the publication of the most recent Rate Letter, the Committee will conduct a meeting to formally discuss the new rates and determine if they are valid for a revised Rate Letter publication.

Cal OES will forward the revised rates to the signatory agencies for a two-week review. Once the review process is complete, and the rates are approved by the Committee, Cal OES will publish a revised Rate Letter to the California Fire and Rescue Mutual Aid System Agencies.

16.6 Meetings to Renegotiate the Agreement. It is recommended the Committee schedule meetings to begin no later than fifteen ( 15) months before the expiration date of the CF AA for the purpose of renegotiation, as well as produce the final document for signatures no later than six ( 6) months before the expiration date of the Agreement.

The Committee wili meet as necessary to make adjustments or changes to the Agreement.

THEREFORE, it is agreed as follows:

TERMS AND CONDITIONS
CF AA Exhibits and Amendments to Exhibits

17. The parties agree the Committee will, by no later than March 30th of each year, recommend amendments to the incorporated exhibits. The parties agree to cooperate in good faith to consider and agree to any amendments by April 15th of each year.

A party requesting to amend the exhibit(s) to the CFAA after March 30th will notify Cal OES. The Committee will meet as soon as practicable to discuss the request and make any recommendation to the parties regarding the requested amendment. The Committee will notify the parties of any recommended amendments, and if agreeable to the parties, the parties will amend the exhibit( s) to reflect the changes no later than fifteen (15) days after the Committee's recommendation.

Subject to the requirements in Recital 18, the parties acknowledge that amendments may be required under emergency circumstances, and that the parties may make any required amendments using any reasonable means of negotiating and agreeing to amendments under emergency circumstances.

The Committee will provide recommended amendments in two formats:

1. A copy of the proposed amended exhibit( s) reflecting additions, and proposed deletions in track changes or similar format so that additions are displayed in underline and deletions are displayed with strikethrough.

Page4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001

2. A copy of the proposed amended exhibit(s) without track changes or similar format, which will represent the final version of the amended exhibit( s) if the parties agree to the changes.

Incorporation of Exhibits and Amended Exhibits

18. All exhibits to the CF AA are incorporated into the CF AA. Amendments to exhibit( s) will be made by addendum to the CF AA. The addendum will be signed by each party and will include a list of exhibit(s) and revision date of the exhibit(s), a statement that the parties agree to adopt the changes reflected in the proposed amended exhibit(s) attached to the addendum, and an effective date. The addendum will also include, as attachments to the addendum, the proposed amended exhibit(s) in track changes or similar format.

Amendments to exhibit( s) will be adopted upon all parties signing the addendum and immediately incorporated into the CF AA. The exhibit( s) to the CF AA will thereafter be updated to reflect any changes effectuated by the approved addendum.

Requests for and Release of Emergency Apparatus and Personnel

19. Under this Agreement, Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies may request emergency apparatus and personnel from the California Fire and Rescue Mutual Aid System. Resources ordered pursuant to this Agreement will be processed through the California Fire and Rescue Mutual Aid System. Cal OES will fill these orders by following the procedures set forth in the California Fire Service and Rescue Emergency Mutual Aid Plan.

20. Cal OES, CAL FIRE, and the Federal Fire Agencies will use the current resource order form of record for all requests. Cal OES, CAL FIRE, and the Federal Fire Agencies shall not be responsible for any emergency apparatus and personnel not confirmed by their respective order and request number(s). Cal OES, CAL FIRE, and the Federal Fire Agencies are responsible for documenting within the request that the resources are being ordered under this Agreement.

21. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies' release or reassignment of emergency apparatus used pursuant to this Agreement will be coordinated through the on-scene Cal OES Fire and Rescue Chief Officer, the local jurisdiction agency representative, or their authorized representative. The Cal OES Chief Officer, or representative, will ensure the inspection and inventory of such emergency apparatus prior to the release to its home base in accordance with incident-established inspection and demobilization procedures.

Protective Clothing and Equipment

22. It shall be the responsibility of the jurisdiction sending emergency personnel to ensure that such personnel are provided protective clothing and equipment as required by the most current version of the rules found in California Code of Regulations, Title 8, Section 3410, Article 10.1, Section 3401, et seq.

Pages
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Emergency Apparatus

23. Emergency apparatus shall meet minimum FIRES COPE ICS type standards, when applicable.

Communications Capabilities

24. Operational Equipment and Operational Personnel. It shall be the responsibility of the jurisdiction sending resources to ensure adequate communications capability. Adequate communications capability is identified and defined in the Statewide FIRESCOPE Frequency Plan.

Reimbursement Procedures

25. Provisions and procedures for reimbursement by Cal OES, CAL FIRE, and the Federal Fire Agencies for fire and emergency assistance are defined in Exhibit "A", Reimbursement Poiicy and Procedures. CAL FIRE and the Federal Fire Agencies will provide Cal OES Fire and Rescue Division with current billing addresses. Reimbursement for personnel on Cal OES-owned emergency apparatus shall be to local jurisdictions that provide such personnel by the apparatus assignee agreement with Cal OES.

26. It is the intent of Cal OES, CAL FIRE, and the Federal Fire Agencies to establish, enhance or replace a system that supports emerging technology related to the processing of salary surveys, invoices, and other pertinent documents.

Reimbursement for Emergency Apparatus Loss or Damage

27. Cal OES, CAL FIRE, and the Federal Fire Agencies will reimburse California Fire and Rescue Mutual Aid System Agencies providing resources through the California Fire and Rescue Mutual Aid System for the cost of emergency apparatus or equipment loss or damage where the loss or damage is determined to be directly attributable to the incident, and where the local agency, its employees, and/or operational failures in the emergency apparatus or support equipment are not a contributing factor to such damage or loss. Loss or damage to local agency emergency apparatus or support equipment while traveling from the home unit to the incident or from the incident to the home unit and repairs due to normal wear and tear or due to negligent or unlawful operation by the operator, shall be the responsibility of the local agency providing the emergency apparatus or support equipment.

Loss or damage to local agency emergency apparatus or support equipment occurring on an incident is to be reported to the incident finance section to ensure proper documentation and investigation.

Page6
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Limitation of Liability

28. Each party waives claims against every other party pursuant to the requirements of United States Code, title 42, section 1856a, subdivision (a), which provides: "Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such agreement shall include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all, or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party."
The parties agree the waivers provided in this provision do not apply to any reimbursement provisions pursuant to the terms and conditions of the CF AA, including invoice reimbursement disputes and reimbursement for emergency apparatus loss or damage pursuant to Recital 27 of the CFAA.

Third Party Tort Claims

29. Nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third-party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident. Agency points of contact for third-party claims are as follows:

State of California claims:

U.S. Forest Service claims:

National Park Service claims:

Victim Compensation and Government Claims Board
63 0 "K" Street
Sacramento, CA 95814
U.S. Forest Service
Albuquerque Service Center Claims Management
101B Sun Ave. NE
Albuquerque, NM 87109
National Park Service
Fire Management Office
333 Bush St., Suite 500
San Francisco, CA 94104

Page 7 ends

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
Bureau of Land Management claims: Bureau of Land Management Fire and Aviation Office
Fish and Wildlife Service claims:

Bureau of Indian Affairs claims:

Reimbursement Dispute Resolution
2800 Cottage Way, Room W-1623
Sacramento, CA 95825
Fish and Wildlife Service
Pacific Southwest Region
2800 Cottage Way, Room W-1834
Sacramento, CA 95825
Bureau of Indian Affairs
Branch of Fire and Aviation Management
2800 Cottage Way, Room W-2820
Sacramento, CA 95825

30. Paying entities shall provide written notice of reimbursement denials to the CF AA Chairperson, or their designee, within thirty (30) business days of receipt of the invoice. The CF AA Chairperson, or their designee, shall notify the local agency of the denial within ten (10) business days. All parties shall work with the CF AA Chairperson, or their designee, to attempt to informally resolve reimbursement disputes in good faith. If the dispute cannot be resolved, the local agency shall have thirty (30) business days from the date of the notice of denial to provide a written appeal to the CFAA Chairperson, or their designee. The CFAA chairperson, or their designee, will evaluate the appeal and make a determination regarding whether to present the appeal to the Committee within thirty (30) business days.

The written appeal shall include all facts and documentation supporting the disputing party's position and dollar amount claimed, the reason for denial by the signatory agency, and the provision(s) of the Agreement the local agency believes supports their position in the dispute. The Committee shall review the appeal and make a recommendation to the paying entity within thirty (30) business days of receiving the appeal. The CF AA Chairperson, or their designee, shall provide written notice of the paying entities determination to all parties.

Other Disputes

31. The parties acknowledge that disputes may arise in the interpretation or application of the provisions of the CF AA.

The parties agree to cooperate in good faith to resolve disputes informally. If a dispute is not resolved informally, a party may submit a written notice of dispute to the CFAA Chairperson, or their designee, and the responding party's designated contact. The written notice must include:

Page 8 ends

1. An explanation of the reasons for the dispute, including relevant facts; and

2. Citation to the relevant provision(s) of the Agreement; and

3. Copies of supporting documents, if any; and

4. The desired outcome or remedy sought from the responding party.

The Committee will meet with the parties within thirty (30) business days of the date the responding party receives the dispute from the CFAA Chairperson, or their designee, at which time the responding party will have the opportunity to present counter arguments. The Committee will provide a written response to both parties within thirty (30) business days of the date upon which the meeting is held. The written response will either grant the requested remedy or outcome or deny part or all of the requested outcome.

Performance under this Agreement shall continue during each phase of this dispu~e resolution process.

Examination and Audit

32. California Fire and Rescue Mutual Aid System Agencies and Cal OES shall be subject to examination and audit for five ( 5) years after the final payment under the terms of this Agreement.

Examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administration.

All source documentation related to rates and methodologies must be kept for five (5) years after the final payment and will be made available upon request of an examination or audit.

Appropriated Fund Limitation

33. Nothing herein shall be interpreted as obligating any parties herein to expend funds, or as involving the United States or the State of California in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this Agreement.

Officials Not To Benefit

34. No member of, or Delegate to, Congress or Resident Commission shall be admitted to any share or part of this Agreement or to any benefit to arise therefore, unless it is made with a corporation for its general benefit.

Page9
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Civil Rights and Nondiscrimination

35. All activities pursuant to this Agreement shall be in compliance with all Federal laws and regulations relating to nondiscrimination. These include, but are not limited to: Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.).

Previous Agreements Cancelled

36. This Agreement supersedes the Agreement entered into on January 1, 2015, and as extended January 1, 2020 through April 30, 2020 (Cal OES# 6051-4, CAL FIRE# 7CA0264, USFS# 15-FI11052012-107, NPS# Pl4AC01610, BLM# BAA151002, FWS# FFF300008-15-002, BIA# A15ACPR001 between the State of Caiifornia, Governor's Office of Emergency Services; State of California, Department of Forestry and Fire Protection; USDA Forest Service, Pacific Southwest Region; USDI Bureau of Land Management, California State Office; USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, Pacific Southwest Region; and USDI Bureau of Indian Affairs, Pacific Region.

Amendments

37. The Agreement may only be amended by written mutual consent of the parties hereto.

Effective Date and Termination

38. The parties herein agree to honor the terms and conditions commencing on the date of the last signature and is effective through December 31, 2024. The expiration date is the final date for completion of all work activities under this Agreement. Any party may withdraw from the Agreement upon thirty (30) day written notice to all other parties.

Delegations of Authority

39. Each party may provide Cal OES a delegation of authority, signed by the party, that designates each person authorized to act on the party's behalf. The designation will include the effective date, name, title, contact information, and scope of delegated authority to act on behalf of the party.

Unless otherwise stated in the delegation of authority, a person designated by a party has the same authority as a principal of a party, including the power to enter into contracts on behalf of the party and to bind the party.

The parties authorize Cal OES to make any necessary updates to the contact information in the CF AA to reflect current delegations of authority, and that such nonmaterial changes to the CF AA are authorized without amendment.

Page 10 ends

40. The parties agree to accept multiple signature pages.

Electronic Signatures and Counterparts

41. Parties may submit executed documents electronically, and electronically delivered signatures of the parties are deemed to constitute duplicate originals. The CF AA and any amendments may be executed in two or more counterparts, each of which will be an original and all of which will constitute a part of the CF AA.

Page 11 ends

DIRECTOR DIRECTOR

STATE OF CALIFORNIA ST TE OF CALIF OR IA

GOVERNOR'S OFFICE OF DEPARTM T OF FORESTRY A D
-< RGENCY SERVICES FIRE PROTE IO
~ L. ;..._.____ L _____ ---=~~ ----- By: Mark S. Ghilarducci Director
Date: l\'f'fl-f L- z.,4
REGlONAL FORESTER
.
1 SDJ\ FOREST SERVIC E
P CIFIC SOUTH\VEST REGION
By: Ra11dy ~~ Regional Forcstt:r
Date: ~.J,f]_

DEPUTY REGIONAL DIRECTOR
USDI NATI01 -AL PARK SERV1CE
INTERIOR REGION S 8, 9, 10, and 12
RANDOLPH ~tq>ed~~tOCU't1 Lil< /ASSEJJft LAVASSEUR ~~IM;.>9 w.arw By: Randolph as eur
Deputy Regional Director
Date: 04.29.2020 --- --- ---

REGIONAL DIRECTOR

USDI FISH AND WILDLIFE

SER VIC

PA UTHWESTREGION
Regional Director
Date: 1 - 21-:L4
~~as W. Porter •
Director
Date: rj1fe o-z..o

CALIFORNIA STATE DIRECTOR
USDI BUREAU OF LAI\ITI

MANAGEMENT

CALIFORNIA STATE OFFICE
KAREN Digita lly signed by KAREN
MOURITSEN MQLJ RITSEN Date: 2020.04.29 11 :56:00 -0100' By: Karen E. Momitsen
California State Director
Date: - ---------

REGIONAL DIRECTOR

USDI BUREAU OF INDIAN AFFAIRS

PACIFIC REGIONAL OFFICE
By: Amy Dutschke
Regional Director
Date: --------~

Page 12 ends

The authority and format of this instrument has been reviewed and approved for signature by the following individuals:

CONTRi\CTING OFFICER

USDI BUREAU OF LAND

MANAGEMENT

CALIFORNIA STATE OFFICE
Digitally signed by TRACI
TRACI THALEB.i,~:e~~~2004 2a os-40:24
By: Traci D. Thah:r -o7'oo·
C ontrncting: Officer
Date: April 28. 2020

CONTRACTING OFFICER

USDI NATIONAL PARK SERVICE
LIL ETT E Digitally signed by

LI LEITE BALTODANO
BALTODANO Date: 2020.04.28
10:33:07 -07'00'
By: Lilette J. Baltodano
Contracting Officer
Date: 4/28/2020

CONTRACTING OFFICER

USDI BUREAU OF INDIAN AFFAIRS

PACIFIC REGIONAL OFFICE
JODI

ZACHARY
Digitally signed by JODI

ZACHARY
Date: 2020.04.30 14:59:46
·07'00'
By: Jodi Zachary
Contracting Officer
4/30/2020

CONTRACTING OFFICER

USDI FI AND WILDLIFE SERVICE

P C SOUTH ST REGION
~------'1 ') 1~ By~ Frank Lee
Contracting Officer
Date: _________ _

Page 13 ends

REIMBURSEMENT POLICY AND PROCEDURES

GENERAL
A-1 It is the intent of the signatories to the CFAA to reimburse California Fire and Rescue Mutual Aid System Agencies, including accrued financial liability for the cost of assisting the State of California and the Federal Fire Agencies. The rates, methodologies, and formulas in the Agreement are intended to provide for such costs. The reimbursement shall be consistent with the California Fire and Rescue Mutual Aid System Agency's normal internal business practices and any existing Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA), Governing Body Resolution (GBR), or equivalent, which supports those business practices.

A-2 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus. Terms established in this section shall be made binding upon California Fire and Rescue Mutual Aid System Agencies by Cal OES and shall not be subject to interpretation or rejection by the jurisdiction providing assistance. See Clause A-39 for procedures for Federal Fire Departments, Department of Defense (DOD) Fire Departments, and Tribal Fire Departments.

A-3 California Fire and Rescue Mutual Aid System Agencies that provide their personnel and equipment to the State of California or the Federal Fire Agencies through the California Fire and Rescue Mutual Aid System and this Agreement, do so on a voluntary basis, and accept the following provisions for reimbursement.

A-4 It is understood and agreed that a California Fire and Rescue Mutual Aid System Agency providing personnel or California Fire and Rescue Mutual Aid System Agency-owned emergency apparatus shall obtain reimbursement for such response by billing the ordering entity (either the State of California or Federal Fire Agency) through the Cal OES invoicing process in accordance with this Exhibit.

A-5 Reimbursement for personnel and emergency apparatus will begin after the 12th hour. There shall be no reimbursement for responses of 12 hours duration or less for personnel and emergency apparatus with the exception of the Department oflnterior (DOI) fire agencies (BLM, NPS, FWS, and BIA). DOI reimbursement for personnel and emergency apparatus will begin after the 4th hour. If the duration of the response exceeds 12 hours (4 hours for DOI) and local agencies have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, reimbursement for personnel and emergency apparatus shall cover the entire time of commitment, beginning at the time of initial dispatch from home base to the time of return to home base (portal-to-portal). If local agencies do not have an existing MOU/MOA, GBR, or equivalent that Page A-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
indicates compensation for all hours worked, local agencies will be reimbursed for actual hours worked. Should personnel or emergency apparatus be requested for assignment to a Mobilization Center for standby duty, the reimbursement period shall begin with the time of initial dispatch of said personnel or emergency apparatus from its home base. Additionally, as the 12-hour period ( 4 hours for DOI) stated above is cumulative, responding personnel and/or emergency apparatus shall only be subject to one 12-hour period (4 hours for DOI) from the original time of dispatch, regardless of the number of re-assignments that may occur prior to returning to their home base.

A-6 In some cases, on a single incident, the State of California and the Federal Fire Agencies may need to convert resources that were ordered under statewide Master Mutual Aid (MMA) to reimburse resources under the California Fire Assistance Agreement. In these cases, MMA resources will be released by the responsible agency and reordered by the State of California and/or the Federal Fire Agencies through the CFAA. For resources that have been on the same incident for more than 12 hours (4 hours for DOI), reimbursement will begin at the time the order, under the California Fire Assistance Agreement, was initiated. Resources that have been on the same incident under MMA for 12 hours (4 hours for DOI) or less will have their time applied to the California Fire Assistance Agreement 12-hour (4 hours for DOI) minimum. After the 12 hours ( 4 hours for DO I) are completed, reimbursement will begin at the time the order, under the California Fire Assistance Agreement, was initiated. The 12-hour (4 hours for DOI) period shall be subject to annual review and monitoring by the California Fire Assistance Agreement Committee.

Local government agency bulldozers and local government agency hand crews will be reimbursed after 2 hours, these resources will be reimbursed from the time of dispatch after the 2nd hour.

Hand crew makeup will consist of a minimum of 10 and a maximum of 25 crew members including one qualified crew boss. Vehicle module composition will not exceed 5.

Cal OES and the Federal Fire Agencies will reimburse aviation resources from the time of dispatch.

A-7 Invoices will include an Administrative Rate as negotiated by the Committee. The Administrative Rate will be added to the total of the personnel, fire apparatus, support equipment, aircraft, and other approved reimbursements for local government. The de minimis Administrative Rate is set annually by the Committee per the Rate Letter published at the time of dispatch, unless the California Fire and Rescue Mutual Aid System Agency submits an agency-specific Administrative Rate in accordance with the Instructions for Completing Administrative Rate Calculations. Cal OES will issue these instructions annually along with the salary survey instructions. California Fire and Rescue Mutual Aid System Agencies that develop an Administrative Rate must review and update their rate by July 1st of each year.

Page A-2
Agreement·Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001

REIMBURSEMENT-PERSONNEL
A-8 The Committee will establish a standard reimbursement formula for local agency personnel with Base Rates applicable to all jurisdictions. The default reimbursement will be at the Base Rate for actual hours worked on the incident. Agencies can be reimbursed at a rate that is higher than the Base Rate, and/or for more than actual hours worked (up to 24 hours per day), as follows:

A-8.1 Any agency seeking reimbursement for its personnel should utilize the Mutual Aid Reimbursement System (MARS) to complete and sign the required annual salary survey and must file it with the Cal OES Fire and Rescue Division. The Authorized Representative will provide certification through signature under penalty of perjury that the personnel wages are accurate and correct for each requested position.

A-82 Any agency seeking reimbursement for its personnel for more than actual hours worked on the incident (portal-to-portal) must file an MOU/MOA, GBR, or equivalent with Cal OES Fire and Rescue Division. The MOU/MOA, GBR, or equivalent shall indicate how personnel will be compensated. Personnel must be physically present on the incident in order to receive portal-toportal compensation, unless documented and approved by the paying agency.

A-9 The above required documentation for rates and hours shall be based on actual costs to the responding agency, and not contingent upon reimbursement from the State of California or Federal Fire Agencies at a rate that exceeds what the agency will pay its personnel.

Reimbursements will be based on the salary survey and any applicable MOU/MOA, GBR, or equivalent that is on file at the time of the initial dispatch.

Any MOU/MOA, GBR, or equivalent is reviewed by Cal OES and the Committee upon request.

Local government will be formally notified of the determination.

A-10 These formulas and rates of payment shall constitute full reimbursement for direct costs, including backfill to local jurisdictions relative to personnel provided. Liability for workers' compensation claims and/or payment of unemployment benefits shall remain the responsibility of the responding local, state, federal, and tribal agencies that directly employ the personnel. All calculations shall be subject to audit by the State of California or the Federal Fire Agencies in accordance with Recital 32, Examination and Audit.

A-10.1 California Fire and Rescue Mutual Aid System Agencies will be required, upon request, to provide Cal OES supporting documentation used to establish rates and method of pay. Cal OES will request yearly samples from selected agencies for review by Cal OES and the Committee.

Upon request, the California Fire and Rescue Mutual Aid System Agencies will have thirty (30) calendar days to provide Cal OES with required information. This process does not supersede the Examination and Audit process as outlined in this Agreement.

Page A-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
A-11 Reimbursement for the total hours worked shall be calculated up to the next quarter hour when total hours are fractional.

A-12 Reimbursement shall be made only for such personnel that have been specifically requested or approved by the State of California or the Federal Fire Agencies. Any personnel not given an order and request number shall be considered a voluntary contribution from the responding agency and not subject to reimbursement.

Formula for Personnel Reimbursement Using Base Rates
A-13 California Fire and Rescue Mutual Aid System Agencies will submit a salary survey to be reimbursed at the established Engine Company Base Rate for personnel responding on emergency apparatus or as overhead personnel at or below the Strike Team/Task Force Leader Trainee level.

Strike Team/Task Force/Unit Leader level or above personnel will be reimbursed at the established Overhead Base Rate.

A-14 California Fire and Rescue Mutual Aid System Agencies that have not submitted a salary survey for rates above the established Base Rates will submit a salary survey to be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(B x H1 x 1.5) = Total Personnel Reimbursement
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(Bx H2 x 1.5) =Total Personnel Reimbursement
B =Base Rate
H1 =All Hours (portal-to-portal)
H2 = Actual Hours Worked
Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate, and is intended to cover all costs associated with straight time and overtime hours.

The Established Base Rate (B) is based on the average of the CAL FIRE Fire Captain or Fire Apparatus Engineer base rates and the USDA Forest Service emergency hire rates for these positions applied to a 168-hour week, with 40 hours at straight time and 128 hours at overtime.

The total amount is then divided by 168 hours resulting in a blended rate.

Page A-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Formula for Establishing the Base Rates
The following base rate formulas include an overtime component.

Base Rate formula for Engine Company Personnel and Overhead at or below Strike Team/Task Force Leader Trainee
(AD-F +CAL FIRE Fire Apparatus Engineer base rate) I 2 =Combined Rate, ((Combined Rate x 40 Hours Straight Time)+ (Combined Rate x 128 Hours Overtime)) I 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
Base Rate formula for Overhead at or above Strike Team Leader/Task Force Leader (AD-H + CAL FIRE Fire Captain base rate) I 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time)+ (Combined Rate x 128 Hours Overtime)) I 168 = Overtime Base Rate x .6667 =Straight Time Base Rate
Definitions for abbreviations used in Base Rate Formula AD - Administratively Determined Pay Plan for Emergency Workers. Pay rates for emergency (casual) employees of the Federal Fire Agencies.

AD F - The classification for Engine Boss.

AD H - The classification for Strike Team Leader.

CAL FIRE base Fire Captain and Fire Apparatus Engineer salary rates are converted to hourly rates.

Formula for Suppression Personnel Reimbursement Using Salary Rates A-15 The California Fire and Rescue Mutual Aid System Agencies may submit a salary survey with the agency's established Salary Rates to Cal OES Fire and Rescue Division for any personnel dispatched to an incident. The personnel who are dispatched to an incident will be classified and reimbursed as described in Clauses A-15 .1 through A-15. 3. The submission of Salary Rates shall be on file with Cal OES Fire and Rescue Division prior to the time of personnel dispatch.

A-15.1 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division at or below the Battalion Chief level shall be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(S x H1 x 1.5) = Total Personnel Reimbursement
Page A-5
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-14 7
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(S x H2 x 1.5) =Total Personnel Reimbursement
S = Salary Rate
HI = All Hours (portal-to-portal)
H2 = Actual Hours Worked
The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Captain, Engineer, Firefighter) within each individual jurisdiction.

Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate, and is intended to cover all costs associated with straight time and overtime hours.

A-15.2 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division above the Battalion Chieflevel shall be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:

S x HI = Total Personnel Reimbursement
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:

S x H2 = Total Personnel Reimbursement
S = Salary Rate
HI = All Hours (portal-to-portal)
H2 = Actual Hours Worked
A-15.3 If personnel above the Battalion Chieflevel have an MOU/MOA, GBR, or equivalent that indicates they are to be paid above straight time, the reimbursement will be calculated using one of the following formulas. The MOU/MOA, GBR, or equivalent is subject to the provisions in Clause A-9 and must not be contingent on this Agreement or executed on the sole basis that there is reimbursement from Cal OES, CAL FIRE, or the Federal Fire Agencies.

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) and MOU/MOA, GBR, or equivalent for above straight time is:
(S x H1 x 1.5) =Total Personnel Reimbursement
Page A-6
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) and with an MOU/MOA, GBR, or equivalent for above straight time is:
(S x H2 x 1.5) = Total Personnel Reimbursement
S = Salary Rate
H1 =All Hours (portal-to-portal)
H2 = Actual Hours Worked
Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate and is intended to cover all costs associated with straight time and overtime hours.

Formula for Non-Suppression Personnel Reimbursement Using Salary Rates A-16 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division for Non-Suppression Personnel shall be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(S x H1 x 1.5) =Total Personnel Reimbursement
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(S x H2 x 1.5) =Total Personnel Reimbursement
S = Salary Rate
H1 = All Hours (portal-to-portal)
H2 = Actual Hours Worked
The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Heavy Equipment Mechanic, and Inspector) within each individual jurisdiction.

Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate, and is intended to cover all costs associated with straight time and overtime hours.

California Interagency Incident Management Team (CIIMT) Participation A-17 Personnel responding under this Agreement, including those who apply for participation on a Federal California Interagency Incident Management Team (CIIMT), must be employed with a federal, state, or local agency in a full time, seasonal, part-time, or retired-annuitant position for a purpose other than participation on a CIIMT. The California Wildland Fire Coordinating Group Page A-7
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
(CWCG) coordinates the application and selection process for IMT rosters and may request proof of employment documentation as part of that process. Applicants who do not meet the criteria can apply under the casual hiring authority as outlined in the Standards for Interagency Incident Business Management.

Engine Company and Tactical Water Tender Staffing
A-18 Engine company staffing shall not be less than three (3) or a reimbursable maximum of four (4).

The State of California or the Federal Fire Agencies will reimburse based on the actual classifications responding, not to exceed one (1) Company Officer, one (1) Apparatus Operator, and one ( 1) or two (2) Firefighters. Tactical water tender staffing shall be reimbursed based upon the actual classifications responding, not to exceed two (2) Apparatus Operators or one ( 1) Company Officer and one (1) Firefighter. Personnel filling engine company or tactical water tender positions shall be certified at the appropriate level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or the California Incident Command Certification System (CICCS).

Due to the short-term staffing crisis caused by multiple factors including COVID, exceptions to staffing will be on a case-by-case basis and approved by the ordering incident, documented in the resource ordering system of record, or documented on a General Message Form ICS-213 by the Incident Commander (IC), Finance Section Chief (FSC), Incident Business Advisor (IBA), or Agency Administrator (AA).

Strike Teamffask Force Leader Trainee
A-19 The State of California or the Federal Fire Agencies shall provide reimbursement for personnel requested by the State of California or the Federal Fire Agencies to coordinate (Strike Team/Task Force Leaders) or otherwise support the California Fire and Rescue Mutual Aid System resources, or Cal OES-owned emergency apparatus used on incidents. A strike team/task force may, at the discretion of the local jurisdiction, include a Strike Team/Task Force Leader Trainee as a reimbursable member of the unit. The trainee will be covered under a strike team/task force order and request number and will be identified on a separate Emergency Activity Record (OES F-42), unless the trainee is from the same California Fire and Rescue Mutual Aid System Agency as the Strike Team/Task Force Leader. The Strike Team/Task Force Leader Trainee shall travel with the strike team/task force in a vehicle from the existing strike team/task force and will not be reimbursed for the use of a second vehicle. The trainee may provide the vehicle for the assignment, but no more than one vehicle will be reimbursed. Personnel filling Strike Team/Task Force Leader Trainee positions shall be certified at the Strike Team/Task Force Leader Trainee level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or CICCS.

A-20 All trainees are required to check in with the Training Specialist at the incident when one is present. Trainees will follow the qualification process in place at the incident.

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Overhead Personnel
A-21 Personnel responding to a State of California or Federal Fire Agency's request for overhead positions shall meet the training and experience requirements established for the ICS position to be filled (Reference: NWCG 310-1 Sub System Guide or CICCS).

Transfer/Reassignment to Other Operational Area/Incident A-22 California Fire and Rescue Mutual Aid System emergency apparatus and personnel requested through this Agreement may not be reassigned without the responding agency's approval. The host State of California or Federal Fire Agency shall secure approval for such reassignment through the California Fire and Rescue Mutual Aid System.

Cal OES Support
A-23 Cal OES Fire Agency Representatives assigned to major incidents may need to have a Cal OES Support/Communications Unit to facilitate coordinating the mutual aid resources assigned to the incident. Local government agency personnel assigned to this resource shall be limited to and reimbursed at a maximum of two (2) persons.

A-24 The State of California or the Federal Fire Agencies shall reimburse the local government agency for the use of one agency support equipment. Reimbursement shall be calculated on a daily basis for such equipment at the rate established by the Committee for the approved type or category of vehicle used.

REIMBURSEMENT-EMERGENCY APPARATUS
A-25 The formulas and rates of payment for emergency apparatus shall be considered as covering all reimbursement related to the use of such vehicles except as provided in the Reimbursement for Emergency Apparatus Loss or Damage section in the recitals of this Agreement, Recital 27.

A-26 Reimbursement for emergency apparatus refurbishment and rehab may be approved by the Incident Command, up to a maximum of 2 hours, as appropriate.

California Fire and Rescue Mutual Aid System Agency Emergency Apparatus A-27 Engines and tactical water tenders shall be reimbursed in accordance with the current FEMA Schedule of Equipment Rates established in the annual Rate Letter. Engine and tactical water tender rates are based on a 16-hour maximum allowable charge, per 24-hour period.

Reimbursement of other emergency response equipment shall be in accordance with 44 CFR 206.228 allowable costs.

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NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
A-28 California Fire and Rescue Mutual Aid System Agencies shall assume operational costs, including necessary motor fuels and lubricants used in its emergency apparatus while responding from their home base and returning to their home base from the State of California or Federal Fire Agency incident. It shall be the responsibility of the responding agency to provide the necessary means of payment for such costs.

A-29 Once at the incident and until released or reassigned, the State of California or the Federal Fire Agencies will provide for motor fuel and lubricants, normal servicing costs, and minor repairs incidental to operation of emergency apparatus including California Fire and Rescue Mutual Aid System Agency support equipment. Minor repair is defined as any repair necessary to keep the equipment in operation on the incident, which requires not more than two (2) hours (labor time only) for one mechanic for any one job, exclusive of obtaining parts.

Support Equipment, Privately-Owned Vehicles, and Rental Vehicles A-30 The State of California or the Federal Fire Agencies shall reimburse California Fire and Rescue Mutual Aid System Agencies for use of agency support equipment and private vehicles provided · in conjunction with requested personnel. Reimbursement shall be calculated on a daily basis for local jurisdiction support equipment at the rate established by the Committee for the type or category of vehicle used. Privately-owned vehicle rates will be reimbursed on a per mile basis according to the current Internal Revenue Service (IRS) standard rate published in the Rate Letter for business miles.

A-31 Reimbursement for mileage or other transportation to and from rental agency will be allowed.

A-32 The use and reimbursement of rental vehicles, mileage, or other transportation requires authorization either at the time of the initial request in the resource ordering system of record or documented by written approval at the incident. Rental vehicles from an airport are discouraged, and the use of compact cars is encouraged. Rental vehicles and the fuel expense while responding to, during, or returning from a State of California or Federal Fire Agency incident will be reimbursed for the actual costs incurred by the California Fire and Rescue Mutual Aid System Agencies. The process to obtain reimbursement for rental vehicle expenses is outlined in Exhibit "H".

Aircraft
A-33 Aircraft will be reimbursed based on rates submitted annually on the salary survey to Cal OES.

The process to obtain reimbursement for aviation resource expenses is outlined in Exhibit "E".

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Cal OES# 6143-2019
CAL FIRE# 7CA004953
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NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
Other Equipment Rates
A-34 All equipment in this exhibit will be reimbursed using the FEMA Schedule of Equipment Rates. If a FEMA equipment rate is not identified for the type of equipment being used, a rate may be developed using the FEMA Equipment Rate Formula in Exhibit "F".

REIMBURSEMENT - TRAVEL EXPENSES
A-35 California Fire and Rescue Mutual Aid System Agencies seeking reimbursement for travel expenses such as fuel, food/meals, per diem, or lodging responding to, during, or returning from a State of California or Federal Fire Agency incident will be at the per diem and lodging rates specified in Exhibits "H" and "G".

Travel arrangements and reimbursement, including travel for relieving personnel and backfill, will only be made from the Fire Department/ Agency location or residence, whichever is closest to the incident or reporting location (such as staging).

REIMBURSEMENT - PERSONNEL ROT A TI ON
A-36 When California Fire and Rescue Mutual Aid System Agency personnel are committed to extended assignments under this Agreement, there may be a need to rotate and replace personnel.

Personnel under this Agreement are expected to be available a minimum of seven (7) days (elapsed time) excluding travel before needing replacement, regardless of the number of assignments from original dispatch.

A-37 Expenses that are reimbursable are limited to personnel costs and transportation costs.

Reimbursement for personnel will be in accordance with general personnel reimbursement provisions of this Agreement. Specific personnel rotation procedures are outlined in Exhibit "C".

INCIDENT OFF-SHIFT REST AND SLEEPING ACCOMODATIONS
A-38 The responsible State of California or Federal Fire Agency will provide, when practical, sanitary, shaded, and/or climatically maintained accommodations for off-shift sleeping, rest, and recuperation for local jurisdiction resources confined to the incident base. If the incident command finds it operationally feasible (e.g., strike team remains available) to place local jurisdiction resources in a commercial sleeping accommodation, it may be provided.

REIMBURSEMENT - STATE OF CALIFORNIA, FEDERAL, DOD,

AND TRIBAL FIRE DEPARTMENTS
A-39 State Agency Fire Departments, Federal Fire Departments, DOD Fire Departments, and Tribal Fire Departments may respond through the California Fire and Rescue Mutual Aid System.

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Tribal Fire Departments that have a compacted or contracted wildland fire program with BIA will respond through the federal dispatching system and not through the California Fire and Rescue Mutual Aid System.

Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to CAL FIRE, local government, and Cal OES incidents will be in accordance with the Agreement reimbursement provisions.

Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to Federal Fire Agency fires are governed by other federal agreements. In these cases, Cal OES will not produce or process reimbursement invoices for Federal Fire Departments and DOD. Federal Fire Departments and DOD Fire Departments ordered through other agreements will invoice the supported Federal Fire Agency directly in accordance with existing federal and local agreements.

Reimbursement of Tribal Fire Departments that respond to a Federal Fire Agencies order and request through this Agreement and have a current Cooperative Agreement with BIA will be in accordance with the CF AA reimbursement provisions. Cal OES will generate an invoice based on the federal order and request. Once the Tribal Fire Department reviews, signs and returns the invoice to Cal OES, Cal OES will process to BIA for payment.

Federal Fire Agencies will not reimburse Federal Fire Departments and DOD under this Agreement.

REQUESTING REIMBURSEMENT
A-40 The Mutual Aid Reimbursement System (MARS) provides a web-based application that will be managed by Cal OES and utilized by all fire agencies that respond under the California Mutual Aid System. The intent of the program is to make reimbursement under this Agreement housed under one platform that is easily accessible to Cal OES, the paying entities, and the local government agencies. All pertinent documents should be submitted through MARS. For further instruction on how to use MARS, visit the Cal OES webpage.

A-41 California Fire and Rescue Mutual Aid System Agencies will prepare an OES F-42 and supporting documentation at the incident, which is the basis for reimbursement due and invoice preparation. A web-based application to complete these electronic forms is provided by Cal OES Fire and Rescue Division. The OES F-42 must be signed by a responsible officer of the jurisdiction seeking reimbursement and by the State of California or Federal Fire Agency Incident Command to verify that the resources requested on the OES F-42 were authorized by the ordering agency and is the initial step for invoice processing. The completed OES F-42 is forwarded to Cal OES Fire and Rescue Division Headquarters for processing. The OES F-42 should be reviewed and/or submitted to the Cal OES Fire Agency Representative at the incident, if assigned.

The OES F-42 should be SUBMITTED DIRECTLY TO THE CAL OES FIRE AND

RESCUE DIVISION BY THE CALIFORNIA FIRE AND RESCUE MUTUAL AID Page A-12
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
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NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
SYSTEM AGENCY AT THE TIME OF RELEASE FROM THE INCIDENT. IF NOT SUBMITTED AT THE INCIDENT THROUGH MARS, THE OESF-42 MUST BE SUBMITTED WITHIN THIRTY (30) CALENDAR DAYS OF RELEASE FROM THE INCIDENT OR PAYMENT WILL BE DELAYED.

A-42 Within sixty (60) calendar days ofreceipt of the OES F-42, Cal OES Fire and Rescue Division will process the OES F-42 data into an invoice(s) (F-142) and return to the California Fire and Rescue Mutual Aid System Agency for verification of billing amounts and signature. THERE WILL BE A DELAY IN PAYMENT FOR INVOICES (F-142) NOT RETURNED TO CAL OES FIRE AND RESCUE DIVISION WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT FOR VERIFICATION OF BILLING AMOUNTS AND SIGNATURE.

A-43 Upon return receipt and verification of the invoice (F-142) by the California Fire and Rescue Mutual Aid System Agency, the Cal OES Fire and Rescue Division will forward the CF AA Reimbursement Invoice (OES F-142) to the appropriate State of California or Federal Fire Agency within thirty (30) calendar days, along with a copy of the OES F-42 as the source document. Inquiries from the State of California and Federal Fire Agencies regarding amounts billed will first be addressed to Cal OES Fire and Rescue Division as soon as possible, as the first step in a joint resolution process.

A-44 The State of California or Federal Fire Agency will remit payment to the California Fire and Rescue Mutual Aid System Agency within sixty (60) calendar days of receipt of the OES F-142 from Cal OES.

A-45 In the event that CAL FIRE or a Federal Fire Agency identifies a discrepancy with an OES F-142, Cal OES will provide the California Fire and Rescue Mutual Aid System Agency a new invoice with the corrected invoice amount and the reason for the change. Cal OES has thirty (30) calendar days to make the change and provide a corrected invoice to the California Fire and Rescue Mutual Aid System Agency and either CAL FIRE or the appropriate Federal Fire Agency.

A-46 CAL FIRE and the Federal Fire Agencies will provide copies of payment schedules to Cal OES every thirty (30) days for invoices paid to the California Fire and Rescue Mutual Aid System Agencies. Cal OES Fire and Rescue Division will reconcile the payment schedules against outstanding OES F-142(s) on a monthly basis.

A-4 7 Cal OES will form and chair working groups with membership from the Committee to develop methodologies to streamline the reimbursement process.

The State of California and Federal Fire Agencies will work on procedures to improve reimbursement efficiencies and timelines. These activities will be documented and shared with the California Fire and Rescue Mutual Aid System Agencies.

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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
A-48 The Terms and Conditions and Exhibits in this Agreement may necessitate new methods of reporting and invoicing. All proposed changes to this Agreement, or associated business processes shall be approved by the State of California and Federal Fire Agencies that are parties to this Agreement.

A-49 Reimbursement for emergency apparatus and personnel shall be made directly to the California Fire and Rescue Mutual Aid Agency providing the resource, and NOT to individuals.

A-50 The OES F-42 shall be used as the basis for personnel and equipment calculations. The resource order form of record shall not be used for reimbursing personnel and equipment costs.

Federal Fire Agency Electronic Fund Transfer
A-51 Federal Fire Agencies require the following for reimbursement to California Fire and Rescue Mutual Aid System Agencies:

1. Taxpayer Identification Number (TIN). This number is applied for and issued by the Internal Revenue Service (IRS). Contact the IRS at www.irs.gov or (800) 772-1213.

2. Electronic Funds Transfer (EFT). The cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money, and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested, and payments received by check by certifying in writing that one of the following situations apply:
a. The payment recipient does not have an account at a financial institution. b. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving the check.
c. The payment recipient has a physical or mental disability, or a geographic language or literacy barrier.

In order to receive EFT payments, the recipient/cooperator shall register in the System for Award Management (SAM).

3. Unique Entity Identifier (UEI). The cooperator shall obtain a Unique Entity Identifier (UEI).

This is a requirement for registering in SAM. The UEI replaces the DUNS number but does not replace existing numbers, such as Employer Identification Number (EIN), the Tax Identification Number (TIN), and State Application Identifier (SAI) numbers that are required by statute, Executive Order, or regulation. You may obtain a free UEI number via the web at Page A-14
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
SAM.gov. You can locate additional information regarding the UEI change, which is universal for all federal agencies through Planned UEI Updates I GRANTS.GOV and SAM.gov I Entity Registrations. For assistance, call (866) 606-8220 or visit https://www.fsd.gov/gsafsd sp.

4. System for Award Management (SAM) Registration Requirement. The cooperator shall maintain current information in SAM until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of the Agreement, SAM means the federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM internet site (currently at www.sam.gov). For assistance, contact the SAM Assistance Center at (866) 606-8220.

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NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
EXHIBIT "B"
ICS Type 1 through 7 ENGINE, ICS TACTICAL WATER TENDER,

PERSONAL PROTECTIVE EQUIPMENT, & TRAINING STANDARDS FOR

FIRE AND EMERGENCY ASSISTANCE
B-1 The purpose of this Exhibit is to identify the minimum standards that California Fire and Rescue Mutual Aid System Agencies should follow with regard to their use of Type 1 through 7 engines, tactical water tenders, Personal Protective Equipment (PPE), and training standards for mutual aid and/or CF AA-reimbursable responses.

B-2 The State of California and the Federal Fire Agencies Type 3 through 7 engines and tactical water tenders have a number of features that enhance their capability to operate on narrow, steep or unimproved roads and to allow the efficient application of water or other agents. The minimum features of the engines are:

1. Short wheelbase

2. High ground clearance

3. High angle of approach and departure

4. Lower Gross Vehicle Weight (GVW) than Type 1 or 2 engine

5. Unit number on roof
B-3 The main fire pump and water tank shall meet minimum capabilities for the FrRESCOPE res Type engine or tactical water tender as designated in the current edition of the res Field Operations Guide rCS-420-1. The pump, as mounted, shall be capable of drafting water from a water source located 10 feet vertical distance below the pump through the required suction hose.

For Type 3 through 7 engines:

1. 1.5-inch hose will be configured to facilitate progressive hose deployment providing for a 100 foot lateral of 1-inch hose every 200 feet of 1.5-inch trunk line once the fire's edge is encountered.

2. All hose utilized must meet or exceed USDA Specification. 1-inch hoses and nozzles will have NPSH threads; I-inch hose with NH threads shall be provided with a sufficient number of NPSH adapters. 1.5-inch hoses and nozzles will have NH threads.

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FWS# FF0803000-D-J001
BIA# A20ACPR001

RESOURCE RADIO CALL COMPONENTS TYPES
1 2 3 4 5 6 7
Engine Engine Pump minimum flow GPM 1,000 500 150 50 50 50 IO Company Telesquirt* Tank minimum capacity (gal) 300 300 500 750 400 150 50 At rated pressure (psi) 150 150 250 IOO IOO 100 IOO
Hose 2.5" 1,200 1,000 NIA NIA NIA NIA NIA
Hose 1.5" 500 500 1,000 300 300 300 NIA
Hose l" NIA NIA 500 300 300 300 200
Ladder per NFP A 190 l Yes Yes NIA NIA NIA NIA NIA
Master Stream Yes NIA NIA NIA NIA NIA NIA
500 Min. GPM
Pump and Roll NIA NIA Yes Yes Yes Yes Yes
Maximum GVWR (lbs.) NIA NIA NIA NIA 26,000 19,500 14,000 Personnel minimum 4(#) 3 3 3(@.) 3((a),) 3(@.) 3(@.)
*Engine with elevated stream capability, specify when requested (#) 3 or 4-person staffing is acceptable for purposes of reimbursement. (@.)Differs from NWCG Guidelines. Per CFAA A-18 and FIRESCOPE BOD direction January 2020.

NI A = Not Applicable
NFPA =National Fire Protection Association
GVWR =Gross Vehicle Weight Rating
Notes:

I. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded.

2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system.

3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a IO-foot lift.

4. See A-18 for staffing levels.

RESOURCE RADIO CALL COMPONENTS TYPES
l 2
Tactical Water Water Tender Pump minimum flow GPM 250 250 Tender Tank minimum capacity (gal) 2,000 1,000
At rated pressure (psi) 150 150
Pump and Roll Yes Yes
Personnel minimum 2 2
Notes:

I. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded.

2. 3.

Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system.

All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10-foot lift.

Common Additional Needs- Request as Needed:
• All Wheel Drive (Includes four-wheel drive).
• High Pressure Pump (250 psi at one half flow of Type). NFPA 1901 compliant Type 1and2 engines will produce one halfof rated flow at 250 psi. Type 3 engines are already required to produce rated flow ( 150 GPM) at 250 psi. If Type 4 through 6 are ordered as high pressure it is recommended that they be required to produce rated flow at 250 psi (50 GPM). • Foam proportioner.
• Compressed Air Foam System (CAFS) 40 cfm minimum.
• Additional personnel.

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BIA# A20ACPR001
Personal Protective Equipment (PPE)
B-4 Each employee responding to or engaged in fire suppression activities will use the appropriate safety clothing and equipment. Each agency is responsible for seeing that Cal OSHA standards for safety clothing and equipment are provided and used for wildland firefighting. Wildland fire suppression safety clothing and equipment includes:

1. Head protection meeting the requirements of CCR, Title 8, Section 3410

2. Eye and face protection meeting the requirements of CCR, Title 8, Sections 3382 and 3404

3. Ear and neck protection meeting the requirements of CCR, Title 8, Sections 3405 and 3410( c)

4. Body protection meeting the requirements of CCR, Title 8, Section 3406( c)

5. Gloves, meeting the requirements of CCR, Title 8, Section 3410

6. Foot protection meeting the requirements of CCR, Title 8, Section 3408

7. Wildland fire shelter meeting Forest Service specification 5100-606

8. Recommended disposable filtering face piece respiratory protection Training
B-5 The State of California and Federal Fire Agencies have the expectation that when a local jurisdiction resource arrives at an incident it can perform all of the missions that would be expected of the State of California and Federal Fire Agencies' resource.

B-6 All responding personnel shall be in compliance with the current NWCG 310-1 Sub System Guide or CICCS. Training topics include but are not limited to:

Wildland Strategy and Tactics
Wildland Fire Behavior
Wildland Hose Lays
Wildland Fire Safety
Fireground Communications
Backfiring/Firing-out
Handline Construction
Structure Triage
Structure Defense Preparation
Fire Weather
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EXHIBIT "C"

REIMBURSEMENT FOR PERSONNEL ROTATION
Clauses A-36 and A-37 authorize the reimbursement of personnel and transportation costs incurred to replace California Fire and Rescue Mutual Aid System Agency personnel committed to extended assignments under this Agreement. Personnel under this Agreement are to be available a minimum of seven (7) days excluding travel (portal-to-portal) before needing replacement, regardless of the number of assignments. This exhibit lists the procedures necessary for a local jurisdiction to follow before reimbursement for their costs will be processed for rotation of their personnel. These procedures only apply when the emergency apparatus remains assigned to the incident, but the personnel are rotated. The procedures are:

C-1 The Incident Commander (IC) or Mobilization (MOB) center manager to which the resources are assigned must approve the personnel rotation and method of transportation. Such approval should not be denied without substantial cause (e.g., imminent planned release (24 - 36 hours) of the resources) or a negotiated extension through the Cal OES Fire Agency Representative. The personnel rotation and transportation plan must be coordinated through the incident, the ordering point, agency representative, and/or the overhead responsible for the personnel to be rotated.

C-2 The approved personnel rotation will be documented in:

C-2.1 The approved automated resource ordering system of record. The resource order will be annotated in the documentation section by the incident indicating the date and time of personnel rotation approval. Subsequently the home unit/filling command center will add documentation to include the following information:

C-2.1.1 Method/Mode, date and time of transportation.

C-2.1.2 An ICS General Message Form-213/Rotation Job Aid Template designed specifically for personnel rotation must be signed by the IC or MOB center manager approving the rotation. This form shall be attached to the respective OES F-42 associated with the rotation vehicle and overlapping time of personnel.

C-2.2 OES F-42
C-2.2.1 Box 12 of the OES F-42 will document any personnel rotation with the date and time of the rotation for all individuals whether or not the personnel rotation will be reimbursed.

C-2.2.2 ONLY when a fire agency is requesting reimbursement for an approved personnel rotation that includes transportation cost will it be required to document the rotation in an OES FPage C-1 Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
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BIA# A20ACPR001
42 (Select Approved Personnel Rotation, include Support Vehicle Information and Incoming and Outgoing Dates and Times).

C-2.2.3 OES F-142(s) will identify personnel involved in any rotation and will itemize the costs of transportation for personnel rotations with support documentation.

C-2.3 ICS-214 Unit Log
C-2.3.l Details of personnel rotation need to be documented (Unit Logs to be retained on file by individual fire agency).

If both the emergency apparatus and the personnel need replacement, the resources will be released, and a new resource will be ordered.

Page C-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
EXHIBIT "D"

COMMUNICATIONS CAPABILITIES
D-1 It shall be the responsibility of the agency sending mutual aid resources to ensure that those resources have adequate communications capabilities. Adequate communications capability is defined as VHF Highband radios with a minimum of 240 channels and pre-programmed with the most current FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN. Effective January 1, 2024, radios will be required to have a minimum capacity of 400 channels with a recommended minimum of 500 channels.

D-2 Emergency apparatus used for mutual aid will have a mobile VHF Highband radio (powered by the emergency apparatus battery and connected to an external antenna) and a minimum of one portable VHF Highband radio. The VHF Highband portable radio should be capable of being operated by alkaline batteries.

D-3 Strike Team/Task Force Leaders: In addition to the communications capability required for emergency apparatus, line personnel are encouraged to respond with a conventional 800 MHz radio pre-programmed with the 800 MHz mutual aid channels as identified in FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN.

D-4 For Narrowband Radios: On January 1, 2013, all public safety and business industrial land mobile radio systems operating in the 150-512 MHz radio bands must cease operating using 25 kHz efficiency technology and begin operating using at least 12.5 kHz efficiency technology. This deadline is the result of an FCC effort that began almost two decades ago to ensure more efficient use of the spectrum and greater spectrum access for public safety and non-public safety users.

Migration to 12.5 kHz efficiency technology (once referred to as Refarming, but now referred to as Narrowbanding) will allow the creation of additional channel capacity within the same radio spectrum and support more users.

D-5 After January 1, 2013, licensees not operating at 12.5 kHz efficiency will be in violation of the Commission's rules and could be subject to FCC enforcement action, which may include admonishment, monetary fines, or loss of license. Agencies shall ensure that local radio channels are not utilized outside of the agency 's licensed area of operation.

D-6 Agencies should provide a minimum of 4 hours of annual basic radio training for Division Supervisors, Strike Team Leaders, and single resource leader positions.

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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
EXHIBIT "E"
AIRCRAFT (excludes CAL FIRE)
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
E-1 In accordance with clause A-6, Cal OES and the Federal Fire Agencies will reimburse aviation resources from the time of dispatch. Aviation resources are not limited to wildland fire and hoist rescue.

E-2 The standard aircraft configuration for water dropping could include but not be limited to:

1. Helicopter with crew

2. Fuel tender

3. Helitender if a helibase is not established

4. Support vehicle as chase rig for crew if needed

5. Water tender or engine to fill tanks for night flying helicopter *All other aircraft configurations will be determined by the type of assignment* E-3 Aircraft equipment will be reimbursed based upon Hobbs meter hours (flight hours) or minimum daily hours. Except for the pilot, personnel will be reimbursed based upon time assigned to the incident in accordance with A-8.2.

E-4 Local government agencies will develop aviation equipment rates in accordance with their own internal business practices. However, the pilot rate will be included in the equipment rate and will be calculated in accordance with the paragraph below. All rates should be submitted to Cal OES prior to dispatch; however, associated rates and documents not on file shall be submitted before reimbursement is made. Federal Excess Property (FEP) equipment should be identified separately excluding any purchase or replacement costs for the aircraft rate. For further information regarding FEP equipment exclusion, refer to 2 CFR 200 Subpart E (Section 200.436).

E-5 The pilot rate will be included in the local government agency equipment rate. As an exception to the general rule for salary calculations, this methodology will be in lieu of backfill costs. The calculation for the pilot rate will include the annual salary and benefit costs for all agency pilots divided by total flight hours for all agency aircraft. All other aviation salary rates will be calculated in accordance with the standard CFAA methodology and submitted via the salary survey.

Page E-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
E-6 For each day, local government agencies will receive the greater of the minimum daily hours or Hobbs meter (flight) time for aircraft equipment reimbursement unless the time assigned for the day is less than the minimum daily hours. If for the day, the time assigned to the incident is less than the minimum daily hours the local government agency will only receive equipment reimbursement based upon the time assigned to the incident for that day.

Reimbursement for minimum daily hours is dependent upon the type of order and request.

Minimum daily hours for Cal OES approved prepositions are based upon a 24-hour period beginning at the time of initial dispatch. Minimum daily hours for Federal Fire Agency requests are based upon a calendar day.

Minimum Dail Hours
4 Page E-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
EXHIBIT "F"

FEMA EQUIPMENT RATE FORMULA
Hourly Rate = Depreciation + Overhead + Overhaul Labor + Overhaul Parts + Field Labor + Field Parts +Fuel + Lube+ Tires
Where:

Depreciation = (Acquisition Cost - Salvage Value) I Economic Life General, Acquisition Cost= (1 - [Discount% I 100]) * (List Price+ Sales Tax+ Freight Cost) Hourly Overhead = Overhead I 2, 112 hours
Where Overhead represents annual equipment overhead costs resulting directly from equipment ownership, the costs include such things as normal risk insurance, storage and security, inspection, and licenses. Profit, project overhead, and general overhead costs are not included in this number. 2, 112 hours is an annual equipment ownership baseline.

Overhaul Labor= (Annual Overhaul Labor Hours* Mechanic's Wage) I 2,112 Overhaul Parts = Annual Overhaul Parts Cost I 2, 112
Field Labor= (Annual Field Repair Labor Hours* Mechanic's Wage) I Average Annual Use Hours Field Parts= (Annual Field Repair Parts Cost+ Miscellaneous Supply Parts Cost) I Average Annual Use Hours
Fuel= Average Annual Fuel Cost I Average Annual Use Hours or Fuel= Hourly Fuel Consumption Rate* Unit Cost of Fuel
Lube= Annual Lube Cost I Average Annual Use Hours
Tires = Tire Cost I Tire Life
Page F-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
EXHIBIT "G"

REIMBURSEMENT POLICY AND PROCEDURES FOR OUTSIDE THE STATE OF

CALIFORNIA ASSIGNMENTS
This Exhibit applies to Cal OES and the Federal Fire Agency requests.

G-1 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus ordered for use on Federal incidents outside the State of California.

G-2 Reimbursement of personnel, emergency apparatus, and support equipment will be consistent with Exhibit "A" Reimbursement Policy and Procedures including the following:

1. Travel costs for lodging, per diem, and rental vehicles for personnel shall be reimbursed at the travel rates specified in Exhibit "H".

2. California Fire and Rescue Mutual Aid System Agencies may seek approval for the reimbursement of operational costs, including necessary motor fuels and lubricants used in its emergency apparatus while responding from their home base and returning to their home base from the State of California or Federal Fire Agency incident.

3. Reimbursement for Cal OES-owned communications equipment (e.g., cell and satellite phones or air and phone credit cards) will be at the total actual cost to the State of California.

4. Reimbursement invoices for Cal OES personnel, travel, and equipment will be on an actual cost basis, supported by accounting records, payroll records, and/or activity cards. Invoices for Cal OES resources should be submitted no later than 5 months after the end of the incident.

5. Invoices for Cal OES resources will include an administrative rate as determined by the State of California under Title 2 in the Code of Federal Regulations (2 CFR), Subtitle A, Chapter II, part 200.

6. Length of assignments for resources responding to incidents outside the State of California will be consistent with the appropriate Federal Fire Agency's policy. Conditions in Clauses A36 and A-37 of Exhibit "A" concerning minimum of seven (7) days (elapsed time), excluding travel, will not apply to resources responding to requests outside the State of California.

Federal Fire Agency policy on the length of an assignment outside the state is defined as the time period (days) between the first full operational period at the first incident or reporting location on the original resource order and commencement of return travel to the home unit.

Standard assignment length is fourteen (14) days, exclusive of travel from and to home unit.

Page G-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-Fl-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
Time spent in staging and preposition status counts toward the 14-day limit, regardless of pay status, for all personnel, including Incident Management Teams. *Any exceptions to this Exhibit need prior approval by USDA Forest Service Region 5 Fire and Aviation Management Director and/or Deputy Director*
Page G-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
EXHIBIT "H"

IN-STATE TRAVEL AND INCIDENT RELATED EXPENSES
H-1 The purpose of this exhibit is to identify allowable costs and the process for submitting such costs for in-state travel and incident related expenses. This exhibit primarily pertains to costs associated with fuel, food/meals, per diem, vehicle, and lodging costs as stated in Clauses A-35 and A-37 of Exhibit "A", as well as attributable incident expenses such as loss or damage to local agency emergency apparatus or support equipment identified in Recital 27 of this Agreement.

H-2 In some cases, miscellaneous expenses outside of the above mentioned may be approved ifthe incident finds that the expense( s) is also attributable to the incident.

1. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for incident related expenses, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for the incident by using a General Message Form ICS-213 and/or provide the associated S# validating the expense(s) on both the General Message Form ICS-213 and the OES F-42. The USDA Forest Service will determine if a General Message ICS-213 or an S# is required (this will also be documented in the resource order).

2. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for all other expenses such as loss or damage, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for the incident by using a General Message Form ICS-213 AND provide the associated S# validating the expense(s) on both the General Message Form ICS-213 and the OES F-42.

In both cases, when the General Message Form ICS-213 is used, it must be signed by one of these four positions: Incident Commander, Finance Section Chief, Incident Business Advisor, or Agency Administrator.

NOTE: S#'s and approved General Message Form ICS-213's should ONLY be issued when the incident cannot accommodate the expense in need, and all other options to provide the expense( s) have been exhausted.

H-3 Approved out of pocket expense(s) must accompany the OES F-42 along with the formal approval on the General Message Form ICS-213 documenting the S#, the itemized receipt(s), and the Expense Claim Reimbursement Log (OES F-142A). Receipts for meals and incidentals are not required. All required receipts must be provided and legible in date order. When local agencies are seeking reimbursement for expenses incurred on behalf of personnel from an agency other than their own, a manifest is required.

Page H-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
Meals and incidentals will be reimbursed using the average GSA rate for the State of California and published in the Rate Letter. Meals and incidentals not provided by the incident on the first and last days of travel while responding from home base and returning to home base are reimbursable without approval. While assigned to an incident, excluding first and last travel days, meals not provided by the incident will be reimbursable if documented and approved by an IC, FSC, IBA, or AA.

All agencies seeking reimbursement must attempt to obtain lodging at best available rates. Actual lodging costs will be reimbursed up to a ceiling of 150% of the average GSA rate for the State of California and published in the Rate Letter. Anything above the ceiling must be approved by an IC, FSC, IBA, or AA.
*For unconventional lodging, the ceiling includes all fees, including service and cleaning fees, but excludes taxes*
Rental Vehicles
H-4 This section of Exhibit "H" is to identify both allowable and non-allowable expenses when renting a vehicle. Items listed adhere to the state rental agreement.

Items listed below are NOT allowable expenses:

1. Personal accident insurance, personal effects coverage, or other optional coverage

2. No pre-payment of fuel or refueling

3. No payment of extension costs or late return

4. Airport rentals are discouraged

5. Airport parking fees

6. GPS unit

7. Satellite radio services (e.g. Sirius XM)

8. Roadside service

9. Damage attributable to the incident may be local government agency responsibility Items listed below are REQUIRED to secure reimbursement:

1. Vehicle returned with a full tank

2. Final invoice

3. Use of compact vehicle recommended

4. Vehicle determination will be based on your incident position

5. At time of rental, you may need to make remarks on your contract that this vehicle is going to an incident base camp and may be driven off pavement

6. If your agency provides a travel/expense card, rental and fuel must be paid by agency card *All other considerations must have prior approval from the incident* Page H-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-Fl-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Rental vehicle reimbursement will be the State of California short term program rental contract rates as the maximum allowable charge. Based upon approval, allowable class types are in the table below:
https://www.dgs.ca.gov/OFAM/Travel/Resources/Page-Content/Resources-List-Folder/CarRental-Resources I
Car Class Class Type Sample Vehicle
CCAR Compact Nissan Versa
ICAR Mid-S ize/lntermediate Hyundai Elantra
SCAR Standard Buick Verano
FCAR Full Size Nissan Altima
SCAH Hybrid Electric Vehicle
Toyota Prius
Plug-In Plug-In Hybrid/Zero
Hybrid/Zero Emission Vehicle
Emission
Vehicle I CAE
CFAR Compact SUV Jeep Renegade
SFAR Medium SUV Hyundai Santa Fe
PPAR Pick Up Truck Ram 1500
OQAR 3/4-Ton/ 1-Ton Pick Up Chevy Silverado
Truck
Dodge Grand
MVAR Mini Van Caravan
FVAR Large Van Ford Transit Wagon
JKAR Mini-Cargo Van Ram Promaster City
BCUT 15' Cutaway Box Van Transit Connect
w/ramp
DBOX 16' Box Truck
FBOX 24' Box Truck
GBOX 26' Box Truck
DSTK 14' Stake Bed
FSTK 24' Stake Bed
When renting a vehicle beyond four ( 4) days, assigned personnel will utilize the weekly rate through the seventh (7) day. Any days thereafter that do not constitute a week (seven (7) days) will be considered a daily rate.

Page H-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-Fl-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Included in State of California Program Rates - Short-Term:

1. Unlimited mileage, Collision Damage Waiver (CDW).

2. $300,000 Supplemental Liability Protection (SLP).

3. Drop Charges: There will be no drop charges for any vehicles that are picked up and returned at an alternative Rental Branch location within the US with the exception of New York.

4. CDW for Business Rentals: Rates include full CDW (Collision Damage Waiver) with no deductible. CDW will cover any physical damage to the vehicle that may occur during a rental and is subject to the terms and limitations set forth in Enterprise's standard rental contract.

5. SLP for Business Rentals: Rates include SLP (Supplemental Liability Protection). SLP will cover up to $300,000 in liability claims that may occur during a rental, as the result of an accident, and is subject to the terms and limitations set forth in Enterprise's standard rental contract.

Damage Waiver Exclusion- Off-road use:

1. Operation of any vehicle that was not properly designed for the intended use

2. Excessive vehicle wear and tear, due to off-road operation, that may include:
a. Tire punctures or missing chunks of tread
b. Impact damage (body panels or undercarriage) defined as follows:
i. Scratches larger than 2" or multiple scratches per panel penetrating the paint ii. Dents larger than 2" or multiple dents per panel
iii. Impact to undercarriage that will require repair in order to maintain the drivability of the vehicle
iv. Rips in upholstery, missing or broken interior components

3. Soot, smoke, or stain damage requiring professional cleaning There are several options available to your agency and/or personnel for payment under the State of California Contract:

1. Direct bill account set up by your agency

2. Agency corporate credit card

3. Agencies can use account number XZCPFIR, and renters can choose to use their own payment method
Rental vehicles authorized on the resource order do not need additional incident approval. The cost of the rental vehicle, if incurred by the local agency, and the fuel purchased to operate the rental vehicle must be submitted on the OES F-142A with receipts attached. Rental vehicles that are not authorized on the resource order must receive the formal written approval from the incident as identified on page H-1 of this Exhibit.

Page H-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
Documentation Requirements for Reimbursement of Expenses H-5 Check List:

D General Message Form (ICS-213) signed by the Incident Commander, Finance Section Chief, Incident Business Advisor, or Agency Administrator
D S# documented on forms ICS-213 and OES F-42
D Completed OES F-42
D Completed and signed OES F-142A with expense documented in date order D Receipt(s) in date order
D If renting a vehicle, must submit final invoice
For loss or damage reimbursement to a local agency emergency apparatus or support equipment, additional documentation also required:

D Investigation/incident report
D Photo
Page H-5
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
I EXHIBIT "I"

DEFINITIONS
I-1 ACCRUAL ACCOUNTING is a method whereby revenue or expenses are recorded when a transaction occurs rather than when a payment is received or made.

I-2 ACTUAL HOURS shall mean on shift time which includes a specific start and end time and is recorded as clock hours. On shift time includes actual work, ordered standby and compensable travel. Individuals are required to report to their designated work site as scheduled, ready, and willing to perform work safely.

I-3 ADMINISTRATIVE RATE is generally equal to the ratio between the total indirect expenses and some direct cost base and may be applied by the billing agency as determined by the CF AA Committee.

I-4 AGENCY REPRESENTATIVE shall mean the ICS position that serves as the point ofcontact for an assisting or cooperating agency that has been delegated authority to make decisions on matters affecting that agency's participation at the incident and reports to the Liaison Officer.

I-5 AIRCRAFT shall mean any firefighting fixed or rotary-winged aircraft (including Unmanned Aerial Vehicles) owned by Local, State, or Federal Fire Agencies. Also referred to as aviation resources.

I-6 ANNUAL OPERATING PLAN shall mean a plan developed at the State, geographic, or local levels for the implementation of administrative or operational practices or concerns.

I-7 ASSIST AN CE BY HIRE shall mean fire suppression resources needed to fill the incident order that are to be paid for by the protecting agency.

I-8 BASE RA TE shall mean the de minimis rate developed by the Committee.

I-9 BULLDOZER shall mean any tracked vehicle with a front mounted blade used for exposing mineral soil.

I-10 BUREAU OF INDIAN AFFAIRS shall mean the federal bureau under the Department of the Interior charged with the responsibility to provide wildland fire protection and suppression for trust lands of federally recognized Native American Tribes.

I-11 CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCIES shall mean agencies, departments, or institutions to which Cal OES has, through agreement, assigned Cal OES-owned emergency apparatus; or who provide locally owned resources under provisions

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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
I
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-JOO 1
BIA# A20ACPR001
of the California Fire and Rescue Mutual Aid System. These agencies may also be referenced as, however, not be limited to, "local government agency" or "local agency".

I-12 CALIFORNIA MOBILIZATION GUIDE shall mean the interagency procedures for requesting, documenting, and sending resources to incidents within the State of California.

I-13 CALIFORNIA WILDLAND COORDINATING GROUP shall mean the executive level interagency committee made up ofrepresentatives from the USDA Forest Service, California Department of Forestry and Fire Protection, USDI Bureau of Land Management, USDI National Park Service, USDI Bureau of Indian Affairs, USDI Fish and Wildlife Service, Association of Contract Counties, and the California Governor's Office of Emergency Services.

I-14 COMPENSATE shall mean to give money in return for something such as work or payment for something lost or damaged.

I-15 DEMOBILIZATION CENTER/FACILITY shall mean the location or facility established at or near an incident for the processing of emergency apparatus and personnel prior to release to its home base.

I-16 DEPARTMENT OF DEFENSE FIRE DEPARTMENT shall mean any organization managed by the Department of Defense for preventing and putting out fires principally on military installations.

I-17 EMERGENCY ACTIVITY RECORD (OES F-42) shall mean the personnel and equipment time record required for reimbursement through the CF AA. Referred to as OES F-42.

I-18 EMERGENCY APPARATUS shall mean any emergency response equipment or apparatus provided through the California Fire and Rescue Mutual Aid System.

I-19 EMERGENCY PERSONNEL shall mean any personnel responding on or with emergency apparatus and requested overhead personnel.

I-20 FEDERAL FIRE AGENCIES shall mean the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management, California Office, Regions 8 and 10; the USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, Pacific Southwest Region; and USDI Bureau of Indian Affairs, Pacific Region.

I-21 FEDERALLY RECOGNIZED TRIBE shall mean an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.

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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFP A CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPR001
1-22 GOVERNING BODY RESOLUTION (GBR) shall mean a formal declaration of the governing body concerning a certain subject which it either cannot or does not wish to control by ordinance. 1-23 HAND CREW shall mean a number of individuals that have been organized and trained and are supervised principally for operational assignments on an incident. 1-24 HOME UNIT shall mean the geographical location an individual is normally assigned to work.

Also referred to as home base.
1-25 INCIDENT shall mean an occurrence or event, either human-caused or natural phenomena, that requires action by emergency service personnel to prevent or minimize loss of life or damage to property and/or natural resources.
1-26 INCIDENT COMMAND SYSTEM (ICS) shall mean a standardized on-scene emergency management concept specifically designed to allow its user( s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries.
1-27 INCIDENT COMMANDER shall mean the ICS position responsible for overallmanagement of the incident and reports to the agency administrator for the agency having incident jurisdiction.

This position may have one or more deputies assigned from the same agency or from an assisting agency(s).
1-28 INCIDENT MANAGEMENT TEAM (IMT) shall mean the incident commander and appropriate command and general staff assigned to an incident. 1-29 INTERAGENCY shall mean involvement of two or more agencies to an agreement. 1-30 LOCAL AGENCY shall mean any city, city and county, county, or special district. 1-31 LOCAL AGREEMENT shall mean a pre-defined area agreement that includes that portion of the geographical jurisdictions of both the local reciprocal agreement signatories on which they have historically, frequently, and continuously cooperated in initial and extended attack. 1-32 LOCAL JURISDICTION shall mean any political subdivision of government. 1-33 MOBILIZATION CENTER shall mean an off-incident location at which emergency apparatus and personnel are temporarily located pending assignment, release, or reassignment. 1-34 MOU/MOA shall mean a Memorandum of Understanding or Memorandum of Agreement, which is a formal business document used to outline an agreement made between two separate entities, groups, or individuals.

Page 1 ends

I-36 MUTUAL AID REIMBURSEMENT SYSTEM shall mean the web-based application for the electronic submission and processing of pertinent reimbursement documentation.

I-37 NON-SUPPRESSION PERSONNEL shall mean personnel who occupy a civilian position within a fire agency.

I-38 POLITICAL SUBDIVISION shall mean any city, city and county, county, district, or other local governmental agency or public agency authorized by law.

I-39 PORTAL-TO-PORTAL shall mean the time of initial dispatch from home base to the time of return to home base.

I-40 REIMBURSEMENT shall mean to pay someone/agency an amount equal to an amount that agency has spent or where the agency has accrued a financial liability.

I-41 SALARY RATES shall mean the sum of the hourly rates for each personnel in a classification including workers' compensation and unemployment insurance divided by the number of employees in that classification. The hourly rate should not include overtime. Benefit pay, specialty pay, and/or incentive pay should also be excluded unless the pay is directly tied to each hour of overtime worked.

I-42 SALARY SURVEY refers to the form used to establish rates for reimbursement filed with Cal OES Fire and Rescue Division.

I-43 ST AGING AREA shall mean the location where emergency apparatus and personnel are assigned to an incident for deployment on a three-minute availability status.

I-44 STRUCTURAL FIRE PROTECTION shall mean fire suppression within a structure.

I-45 STRUCTURE DEFENSE shall mean the protection of homes or other structures fromwildland fire before the fire reaches the structure; exterior fire protection measures.

I-46 SUPPRESSION PERSONNEL shall mean personnel who routinely respond to emergencies.

I-47 TRIBAL FIRE DEPARTMENT shall mean a federally-recognized tribe with suppression and/orall-risk response capabilities.

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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
City of Newman
Director of Finance Office
Memorandum
Date: November 12, 2024
To: City of Newman City Council
From: Lewis Humphries, Director of Finance
Agenda Item: 8.e.

Subject: Accept Fiscal Year 2024/25 Annual Report for Community Facilities District No. 2023-1 The Local Agency Special Tax Bond and Accountability Act (the "Act"), enacted by Senate Bill 165, is codified in California Government Code Sections 50075 through 50077 and 53410 through 53412. The Act requires:
• that any local special tax measure subject to voter approval contain a statement indicating the specific single purpose of the special tax
• that the proceeds of the special tax be applied to that purpose • the creation of an account into which the proceeds shall be deposited • an annual report containing specified information concerning the use of the proceeds.

The requirements of the Act apply to only one fund at this time:

City of Newman Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Attachments:

1. Fiscal Year 2024/25 Annual Report for Community Facilities District No. 2023-1

CITY OF NEWMAN
Fiscal Year 2024/25 Annual Report for:

COMMUNITY FACILITIES DISTRICT NO. 2023-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
October 2024
Prepared by:

W) NBS
h Ip ng eommun ti a
fund tomorrow
nb gov.com
Corpor te Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

TABLE OF CONTENTS
District Summary ................................................................................................................... 1

1. SB 165: Local Agency Special Tax and Bond Accountability Act ........................................ 2

2. Special Tax Analysis ........................................................................................................ 3

2.1 Levy Summary ........................................................................................................... 3

2.2 Development Status .................................................................................................. 4

2.3 Special Tax Rates ....................................................................................................... 4

2.4 Annual Special Tax Rate lncrease .............................................................................. 4

2.5 Special Tax Rate Comparison .................................................................................... 5 Appendix A. District Boundary ............................................................................................... A Appendix B. Rate And Method Of Apportionment .................................................................. B Appendix C. Final Billing Detail Report ................................................................................... C

DISTRICT SUMMARY
The City Council of the City of Newman (the "City"), State of California, under the Mello-Roos Community Facilities Act of 1982 (Sections 5331 and following, California Government Code; hereafter referred to as the "Act"), established Community Facilities District No. 2023-1 (the "District") to fund all or a portion of the direct and incidental costs of police protection services; fire protection and suppression services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protections services; and related appurtenances, within or adjacent to the District. The funding may include the following related to the maintenance of the services: obtaining constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses or facilities related to providing the services; equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services.

The District may also fund administrative fees of the City related to the District.

All taxable property within the District are currently under Tax Zone No. 1 or Tax Zone No. 2. Additional tax zones may be created when properties are annexed into the District.

The District special tax may be levied in perpetuity to satisfy the annual special tax requirement.

Levy
The following table provides a summary of the Fiscal Year 2024/25 final levy amount.

Community Facilities District No. 2023-1
(Public Safety, Maintenance and Services)
City of Newman
57 $34,674.08
NBS
Charmane Custodio, Administrator
Darrylanne Zarate, Project Manager
Fiscal Year 2024/25 Annual Report - CFO No. 2023-1 (Public Safety, Maintenance & Services) 1

1. SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the "Act"). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Section 50075.3 of the California Government Code that states:
"The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1."
The requirements of the Act apply to the Funds for the following:

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Purpose of Special Tax
The special tax may fund all or a portion of the direct and incidental costs of police protection services; fire protection and suppression services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protections services; and related appurtenances, within or adjacent to the District.

The project is ongoing on an annual basis.

Collections and Expenditures ~~"'~
City of Newman
Fiscal Year 2024/25 Annual Report- CFO No. 2023-1 (Public Safety, Maintenance & Services) 2

2. SPECIAL TAX ANALYSIS

2.1 Levy Summary
A summary of the levy for Fiscal Year 2024/25 is shown in the table and chart below.

Description Amount
Maintenance Services
Administrative Fees/Expenses (l)
Total Special Tax Levy Amount:

Levied Parcel Count
(1) Includes County collection fees and installment rounding for tax roll purposes.

Administrative
Fees/Expenses
City of Newman
FISCAL YEAR 2024/25 BUDGET
84%
$29,133.81
5,540.27
$34,674.08
57 NBS~ Fiscal Year 2024/25 Annual Report - CFD No. 2023-1 (Public Safety, Maintenance & Services) 3

2.2 Development Status
The planned number of units according to the Rate and Method of Apportionment compared to the units in each zone for Fiscal Year 2024/25 are shown in the table below.

Number of FY 2024/25
Zone Land Use Category Ill Planned Units Unit Total Status ! 2 l
1 2
Residential Property
Residential Property
Totals:
10 106
116
(1) Land Use Category as defined in the District's Rate and Method of Apportionment. 10 In Progress
47 In Progress
57 (2) Status is based on Developed Property as defined in the in the CFD's Rate and Method of Apportionment, where Developed Property means, "in any Fiscal Year, all taxable property in CFD No. 2023-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year."

2.3 Special Tax Rates
The Fiscal Year 2024/25 applied rates and special tax levy are shown in the table below.

Total FY
FY 2024/25 FY 2024/25 2024/25
Parcel Maximum Applied Special Tax
Zone Land Use Category l
1 l Count Units Tax Rate Tax Rate !
2l Levy
1 2
Residential Property
Residential Property
Totals:
10 47
57 10
47 57
$565.44
617.44
(1) Land Use Category as defined in the District's Rate and Method of Apportionment. (2) Includes even cent rounding for placement on the County tax roll.

2.4 Annual Special Tax Rate Increase
$565.44
617.44
$5,654.40
29,019.68
$34,674.08
The maximum special tax for future years for Tax Zone No. 1 and Tax Zone No. 2 are authorized to automatically increase by an amount equal to three percent (3%) annually.

City of Newman
Fiscal Year 2024/25 Annual Report - CFO No. 2023-1 (Public Safety, Maintenance & Services) 4

2.5 Special Tax Rate Comparison
The Fiscal Year 2024/25 maximum tax rates and applied tax rates compared to the prior year are shown below.

FY 2023/24 FY 2024/25 % Change
Rate Maximum Applied % of Maximum Applied % of in Applied Zone Land Use Category (tl Per Tax Rate (
2 l Tax Rate Maximum Tax Rate (
2 l Tax Rate Maximum Tax Rate
1 Residential Property
2 Residential Property
Unit
Unit
$548.99
599.46
$548.99
599.46
(1) Land Use Category as defined in the District's Rate and Method of Apportionment. (2) Maximum Tax Rate increases by an amount equal to three percent (3%) annually.

City of Newman
100%
100%
Fiscal Year 2024/25 Annual Report - CFD No. 2023-1 (Public Safety, Maintenance & Services) $565.44 $565.44 100% 3%
617.44 617.44 100% 3%
5 APPENDIX A. DISTRICT BOUNDARY
The following page shows the District Boundary Map.

City of Newman
Fiscal Year 2024/25 Annual Report - CFD No. 2023-1 (Public Safety, Maintenance & Services) A 1----------- - -

ORESTIMBA RD
026-026-027-000
D Tax Zone No. 1 Bound.ary
D Tax Zone No. 1 Parcels
I Parcels
I __ _

37.5 75 150 Feet
- I

PROPOSED BOUNDARIES OF

CITY OF NEWMAN
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)

AND FUTURE ANNEXATION AREA

CITY OF NEWMAN

COUNTY OF STANISLAUS

STATE OF CALIFORNIA
lJ
---~
026-016-057-000
,'------------------------------J __ ~-
D Tax Zone No. 2 Boundary
L~ Parcels 0 62.5 125 250 Feet
Sheet 1 of 1
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NEWMAN TH IS __ DAY OF __ . 202_

CITY CLERK

CITY OF NEWMAN

STANISLAUS COUNTY, CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE CITY OF NEWMAN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (PUBLIC SAFETY, MAINTENANCE & SERVICES) AND FUTURE

ANNEXATION AREA, CITY OF NEWMAN, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWMAN, AT A MEETING THEREOF, HELD ON THE DAY OF , 202 , BY ITS RESOLUTION NO. -- -- -

CITY CLERK

CITY OF NEWMAN

STANISLAUS COUNTY, CALIFORNIA
FILED THIS DAY OF , 202 , AT THE HOUR OF O'CLOCK M, IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE !iii TH E OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

COUNTY RECORDER

COUNTY OF STANISLAUS, CALIFORNIA

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

I
f i
~ ------'""
Source: Stanislaus County G/S
c:::::J City of Newman/Future Annexation Area Boundary
122?.J Tax Zone No. 1 Boundary
l>Q2Qi Tax Zone No. 2 Boundary

0.25 0.5 1 Miles
Pro
Geo
·ec
graphi
tion:
c
NAO
Coordinate
1983 StatePlane
Reference
California
: GCS North
Ill FIPS
American
0403
1983
Feel G Nes·
APPENDIX B. RATE AND METHOD OF APPORTIONMENT
The following pages show the Rate and Method of Apportionment of the Special Tax.

City of Newman
Fiscal Year 2024/25 Annual Report - CFD No. 2023-1 (Public Safety, Maintenance & Services) B

RATE AND METHOD OF APPORTIONMENT

FOR CITY OF NEWMAN
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
A Special Tax, as hereinafter defined, shall be levied and collected in City of Newman Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) {"CFO No. 2023-1") each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below.

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"Accessory Dwelling Unit" or "ADU" means all Assessor's Parcels of Residential Property for which a building permit(s) has been issued for an "Accessory Dwelling Unit" as defined in California Government Code Section 65852.2(j}{1), as may be amended from time to time, which is accessory to a primary Unit. The ADU may be located on the same Assessor's Parcel as the primary Unit that is the primary Unit or on a separate Assessor's Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor's Parcel, the ADU located on such Assessor's Parcel is considered a separate Unit from the primary Unit on such Assessor's Parcel for purposes of the Special Tax. Should an Assessor's Parcel contain only an ADU, such Assessor's Parcel will be taxed as an ADU Unit only.
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or in the Assessor's Data for each Assessor's Parcel. In the event the Assessor's Parcel Map or Assessor's Data shows no Acreage, the Acreage for any Assessor's Parcel shall be determined by the CFO Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor's Parcel may be determined utilizing GIS.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFO No. 2023-1 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor's Office, Tax Collector's Office or Treasurer's Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFO No. 2023-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFO No. 2023-1 for any other administrative purposes, including, but not limited to, attorney's fees.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 1 "Annual Services Costs" means the respective amounts determined by the CFO Administrator required to fund services authorized to be funded by CFO No. 2023-1 for the applicable yearly period.
"Annual Special Tax Requirement" means that amount with respect to CFO No. 2023-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFO No. 2023-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
"Assessor's Data" means Assessor's Parcel Number, Units, Building Square Feet, Acreage, or other information contained in the records of the County Assessor for each Assessor's Parcel. "Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map and/or Assessor's Data with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means, with respect to an Assessor's Parcel, that number assigned to such Assessor's Parcel by the County Assessor for purposes of identification. "Building Square Feet" or "BSF" means all of the square footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area . The determination of Building Square Feet shall be made by reference to the Assessor's Data.

If the Assessor's Data does not show Building Square Feet, building permit(s) issued for such structure, or other records of the City shall be used, as determined by the CFO Administrator. "CFO Administrator" means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFO No. 2023-1" means the City of Newman Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services).
"City" means the City of Newman.
"City Council" means the City Council of the City, acting as the legislative body of CFO No. 2023-1. "County" means the County of Stanislaus.
"County Assessor" means the County Assessor of the County. "Developed Property" means, in any Fiscal Year, all Taxable Property in CFO No. 2023-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year.
"Exempt Property" means all Assessors' Parcels within the boundary of CFO No. 2023-1 which are exempt from the Special Tax pursuant to Section E.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 2 "Final Map Property" means, in any Fiscal Year, all Taxable Property in CFD No. 2023-1 for which a Final Subdivision Map was approved by City Council prior to June 30 of the preceding Fiscal Year. "Final Subdivision Map" means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4120, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Vear" means the period starting July 1 and ending on the following June 30. "GIS" means a geographic information system.
"Maximum Special Tax" means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C. "Mixed-Use Property" means all Assessor's Parcels of Developed Property that could be categorized as having more than one land use, allowing for multiple use types on each such Assessor's Parcel. For an Assessor's Parcel of Mixed-Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for a non-residential use.
"Open Space Property" means property within the boundaries of CFD No. 2023-1 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
"Property Owner's Association" means any property owner's association. As used in this definition, a Property Owner's Association includes any home-owner's association, condominium owner's association, master or sub-association or non-residential owner's association. "Property Owner's Association Property" means any property within the boundaries of CFD No. 2023-1 which is (a) owned by a Property Owner's Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. "Proportionately'' means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors' Parcels ofTaxable Property levied within each property land use classification within CFD No. 2023-1.
"Public Property'' means any property within the boundaries of CFD No. 2023-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 3 "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax" means the amount levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Annual Special Tax Requirement.
"State" means the State of California.
"Tax Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2023- 1 at the time of its formation is within Tax Zone No. 1 or Tax Zone No. 2. Additional Tax Zones may be created when property is annexed to CFO No. 2023-1, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor's Parcels included within a new Tax Zone when such Parcels are annexed to CFO No. 2023-1 shall be identified by Assessor's Parcel number in the annexation documents at the time of annexation. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFO No. 2023-1 that are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all of the Assessor's Parcels within the boundaries of CFO No. 2023- 1 that is not classified as Developed Property, Open Space Property, Property Owner's Association Property, or Public Property.
"Unit" means an individual residential dwelling unit. The number of Units assigned to each Assessor's Parcel may be determined by (i) referencing Assessor's Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFO Administrator. "Welfare Exempt Property'' means, in any Fiscal Year, all Parcels within the boundaries of CFO No. 2023-1 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor's Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.

B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFO Administrator shall determine the valid Assessor's Parcel Numbers for all Taxable Property within CFO No. 2023-1. If any Assessor's Parcel Numbers are no longer valid, the CFO Administrator shall determine the new Assessor's Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor's Parcels Numbers pursuant to Section C. The CFO Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Taxable Property; (iii) the number of Units, Acres, or Building Square Footage each Parcel contains; (iv) the property type, i.e., Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 4 C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor's Parcel of Taxable Property shall be assigned below:

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor's Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX RATES
TAX ZONE N0.1
FISCAL YEAR 2022/23*
Maximum Special
Land Use Category Tax Rate
Residentia I Property $533.00
Non-Residentia I Property 0.00
Mixed-Use Property See below
Accessory Dwelling Unit See below
Per
Unit
BSF
*On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax rates for Tax Zone No. 1 shall be increased three percent (3%) Different Maximum Special Tax rates and tax escalation factors may be identified in Tax Zones added to CFO No. 2023-1 as a result of future annexations.

The Maximum Special Tax for each Assessor's Parcel of Taxable Property within Tax Zone No. 2 shall be assigned according to Table 2 below:

TABLE 2

MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 2
FISCAL YEAR 2022/23 *
Maximum Special
Land Use Category Tax Rate
Residentia I Property $582.00
Non-Residential Property 0.00
Mixed-Use Property See below
Accessory Dwelling Unit See below
Per
Unit
BSF
*On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax rates for Tax Zone No. 2 shall be increased three percent (3%) Different Maximum Special Tax rates and tax escalation factors may be identified in Tax Zones added to CFO No. 2023-1 as a result of future annexations.

2. Mixed-Use Property
In some instances, an Assessor's Parcel of Developed Property may be Mixed-Use Property. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for all residential Units and non-residential Building Square Feet on that Assessor's Parcel.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 5

3. Accessory Dwelling Units
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit of Residential Property with 2,000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU in Tax Zone No. 1 shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $533.00 Maximum Special Tax per Unit x 40% = $213.20 Maximum Special Tax for such ADU

4. Assignment of Assessor's Parcel(s) to Property Land Use Category When an Assessor's Parcel changes from being classified as Undeveloped Property to another land use category and is considered Developed Property, that assignment shall not change due to future changes in land use.

5. Assignment of Maximum Special Tax to Newly Created Assessor's Parcel(s) When an Assessor's Parcel changes or subdivides, the Maximum Special Tax shall be assigned to each newly created Assessor's Parcel so that there is no net loss in the Maximum Special Tax revenue to be generated as a result of changes in the planned development.

When an Assessor's Parcel changes or subdivides, and there are changes to the overall planned development for each Tax Zone within CFD No. 2023-1, the process for assigning the Maximum Special Tax to each newly created Assessor's Parcel is as follows:

Step 1: Sum the expected Maximum Special Tax assigned to each Assessor's Parcel that is being changed or subdivided within that Tax Zone.

Step 2: Identify the newly created Assessor's Parcel(s) of Taxable Property created by the change or subdivision and assign the Maximum Special Tax to each newly created Assessor's Parcel of Taxable Property according to the then-current Maximum Special Tax Rates within that Tax Zone for each Land Use Category. Sum the Maximum Special Tax assigned to each newly created Assessor's Parcel of Taxable Property within that Tax Zone.

Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special Tax assigned in Step 2 to arrive at a fraction for that Tax Zone.

Step 4: Apportion the total Maximum Special Tax from Step 1 to each newly created Assessor's Parcel of Taxable Property by multiplying each newly created Assessor's Parcel fraction, determined in Step 3, by the then-current Maximum Special Tax Rates within that Tax Zone for each Land Use Category.

Step 5: The Maximum Special Tax assigned to each newly created Assessor's Parcel of Taxable Property shall be the greater of the Maximum Special Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4 for the Tax Zone.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 6 When an Assessor's Parcel changes or subdivides, and there are no changes to the planned development for each Tax Zone within CFO No. 2023-1, the Maximum Special Tax shall be assigned according to Table 1 for Tax Zone No. 1, Table 2 for Tax Zone No. 2, or similar table for each successive Tax Zone.

The planned development for Tax Zone No. 1 is provided in the table below:

Planned
Land Use Category Development
Residential Property 10 Units
The planned development for Tax Zone No. 2 is provided in the table below:

Planned
Land Use Category Development
Residential Property 106 Units
Once created, if a newly created Assessor's Parcel(s) of Taxable Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Special Tax for the additional newly created Assessor's Parcel(s) of Taxable Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFO Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFO No. 2023-1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Taxes on any Assessor's Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFO No. 2023-1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Open Space Property, Property Owner's Association Property, Undeveloped Property, Assessor's Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 533401 of the Act.

No Special Tax shall be levied on any Assessor's Parcel in any Fiscal Year in which such Assessor's Parcel is classified as Welfare Exempt Property.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 7 F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFO Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFO Administrator shall review the appeal, meet with the appellant if the CFO Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFO Administrator's decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFO Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit the Special Tax in future years.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City's discretion.

Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFO No. 2023- 1, and may collect delinquent Special Taxes through available methods.

Special Taxes shall continue to be levied and collected within CFO No. 2023-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor's Parcels in CFO No. 2023-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the authorized services for which the Special Tax was levied. The obligations to provide the authorized services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor's Parcels within CFO No. 2023-1.

City of Newman
Community Facilities District No. 2023-1 (Public Safety, Maintenance & Services) Page 8 APPENDIX C. FINAL BILLING DETAIL REPORT
The following page shows the Final Billing Detail Report for Fiscal Year 2024/25.

City of Newman
Fiscal Year 2024/25 Annual Report - CFO No. 2023-1 (Public Safety, Maintenance & Services) c Account ID
026-072-001-000
026-072-002-000
026-072-003-000
026-072-004-000
026-072-005-000
026-072-006-000
026-072-007-000
026-072-008-000
026-072-009-000
026-072-010-000
026-073-002-000
026-073-017-000
026-073-018-000
026-073-019-000
026-073-020-000
026-073-021-000
026-073-022-000
026-073-023-000
026-073-024-000
026-073-025-000
026-073-026-000
026-073-027-000
026-073-028-000
026-073-029-000
026-073-030-000
026-073-031-000
026-073-032-000
026-073-033-000
026-073-034-000
026-073-035-000
026-073-036-000
026-073-037-000
026-073-038-000
026-073-039-000
02 6-073-040-000
026-073-041-000
026-073-042-000
026-073-043-000
026-073-044-000
026-073-045-000
02 6-073-046-000
026-073-047-000
City of Newman
CFO No. 2023-1 (Public Safety, Maintenance & Services)
Final Billing Detail Report for Fiscal Year 2024/25
Tax Zone Land Use Category Units
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
1 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1of2
Special Tax Levy
$565.44
565.44
565.44
565.44
565.44
565.44
565.44
565.44
565.44
565.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
08/19/2024 05:06:06PM
Account ID
026-073-048-000
026-073-049-000
026-073-050-000
026-073-051-000
026-073-052-000
026-073-053-000
026-073-054-000
026-073-055-000
026-073-056-000
026-073-057-000
026-073-058-000
026-073-065-000
026-073-104-000
026-073-105-000
026-073-106-000
57 Accounts
City of Newman
CFO No. 2023-1 {Public Safety, Maintenance & Services)
Final Billing Detail Report for Fiscal Year 2024/25
Tax Zone Land Use Category Units
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
2 Residential 1
57 Slight variances may occur due to rounding
Copyright© 2013 by NBS Page 2 of 2
Special Tax Levy
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
617.44
$34,674.08
08/19/2024 05:06:06PM
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 9 .a.

City Council Meeting
of November 12, 2024
FIRST READING AND INTRODUCTION OF ORDINANCE NO 2024- AMENDING TITLE 11 PUBLIC WAYS AND PROPERTY, SECTION 11.05.040 - OF THE NEWMAN CITY CODE -

SETTING WATER RATES, FEES AND RELATED SERVICE CHARGES EFFECTIVE JANUARY 9, 2025 AND AUTHORIZING THE CITY CLERK TO PUBLISH A SUMMARY OF

SAID ORDINANCE
RECOMMENDATION:

It is recommended that the City Council:

1. Hold a public hearing to take comments and provide the opportunity to turn in final protest votes,

2. Conduct a count of the protest votes,

3. Introduce Ordinance No. 2024- , amending Title 11 Public Ways and Property, Section 11.05.040 of the Newman City Code - setting water rates, fees, and related service charges effective January 9, 2025 and authorizing the City Clerk to publish a summary of said ordinance.

BACKGROUND:

During the September 10, 2024 City Council meeting, the Council accepted the 2024 Water Rate Study under Resolution No. 2024-29. This study projected costs and needed rate changes over the next 6 years. The City proposes adopting six years of rate changes. At the same meeting under Resolution No. 2024-30, the City Manager was authorized to initiate Proposition 218 proceedings.

On September 11, 2024 Proposition 218 notices were delivered to the U.S. Post Office and mailed out to al I affected property owners. This mailer notified affected property owners of the changes in rates, provided them a method for protesting the rate change and notified them of the public hearing being held on November 12, 2024.

For a majority protest to succeed, 1,787 written protests are required. These written protests would have to be received by the City prior to the close of the public hearing on November 12, 2024.

ANALYSIS:

At the November 12, 2024 City Council Meeting the Council should proceed as follows:

1. Staff will provide a preliminary count of protests received to date.

2. The Mayor will open the public hearing for comments.

3. At the end of the public hearing, the Mayor will announce a last call for written protests and then close public testimony. Only written protests can be counted. We cannot accept further written protests after the close of the public hearing.

4. Staff will provide a final count of the protests.

5. If there is no majority protest (minimum 1,787 protests), the City Council may introduce by title Ordinance No. 2024- amending Title 11 Public Ways and Property, Section 11.05.040.

FISCAL IMPACT:

Positive: Increase in revenue in the Water Fund. This will allow the City to continue its day-to-day operations and work to complete the projects listed in its Capital Improvement Program.

CONCLUSION:

If no majority protest is achieved, staff recommends that the City Council introduce, by title, Ordinance No. 2024- , and authorize the City Clerk to publish a summary of said ordinance.

If a majority protest is achieved, the ordinance cannot be introduced.

ATTACHMENTS:

1. Ordinance No. 2024- , amending Title 11 Public Ways and Property, Section 11.05.040.

2. Public Notice - Summary version of the Ordinance to be published in the newspaper.

Respectfully submitted,
;c-z4?_~ Lewis A. Humphries
Director of Finance

REVIEWED/CONCUR
Michael Holland
City Manager
ORDINAI\TCE NO.2024.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN AMENDING TITLE 11 PUBLTC WAYS AI\D PROPERTY, SECTION 11.05.040- OF THE NEWMAN CITY CODE _ SETTING WATER RATES, FEES AI\D RELATED SERVICE CHARGES EFFECTM JANUARY 9,2025,AI\D AUTHORIZING THE CrTY CLERK TO PUBLISH A

SUMMARY OF SAID ORDINAIICE
WHEREAS, the City Council of the City of Newman adopted Resolution No.2024-29 accepting the2024 Water Rate Study which includes within the report the proposed rate increases; and WHEREAS, the City Council of the City of Newman adopted Resolution No. 2024-30 authorizing the City Manager to initiate Proposition 218 proceedings; and WHEREAS, the City ofNewman, in compliance with Article XIIID of the California State Constitution and the proposition 218 Omnibus Implementation Act, notified all affected property owners of the proposed Water Rate Increases; and
WHEREAS, the City of Newman mailed out Proposition 218 notices to all affected propety owners on September ll,2024,which included: the proposed Water Rates, instructions on how to register their protest vote, and a notification of the Public Hearing to be held on November 12,2024; and WHEREAS, the City of Newman held a Public Hearing on November 12,2024, as noticed, to allow the City Council to hear and consider all protests and objections concerning the proposed Water Rate increases; and
WHEREAS, the City of Newman determined a majority protest did not occur.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWMAN DOES ORDAIN AS FOLLOWS:

SECTION I
Section 040, Water rates, of Chapter 05, Water Service Regulations, of Title 11, Public Ways and Property, of the Newman Municipal Code is amended to read as follows:

11.05.040 Water Rates.

Monthly water service charges for residential users, commercial users, industrial users, schools and churches, both inside and outside the City, and all other users, shall be in accordance with the following rates:

WATER RATES
Fiscal Year Ending
2026 2027 2028 2029 2030 2025
Effective Date Jan9,2025 Jan9,2026 Jan9,2027 Jan9,2028 Jan9,2029 Jan 9,2030 Consumption Per hundred cubic feet
Charges
s2.26 $2.s9 s2.82 $2.93 $3.06 $2.08
All Customer
Categories Except
Landscape
$2.73 $3.16 $3.42 $3.s3 s3.69 Landscape s2.49
Per meter per month
Meter
Replacement
Charges
$2.83 s2.93 s3.03 $3.14 s3.2s 518" $2.73
314" $3.2s $3.40 $3.s2 $3.64 s3.77 $3.90
l" $3.69 $3.82 $3.9s $4.09 $4.24 $4.39
1 l/2" $8.20 $8.49 $8.79 s9.10 $9.42 $9.7s
2u $19.14 $19.81 $20.s 1 $21.24 $21.98 s22.76
J
ail s24.61 $25.48 $26.37 s27.30 s28.26 $29.26
4" $38.28 $39.63 $41.03 $42.47 $43.97 $4s.s2
6" s91.74 s94.97 $98.32 $101.78 $ r 0s.37 $109.08
8" $l10.4s $l14.34 $1 18.36 $122.s3 $r 26.8s $131.32
$1s2.87 $1s8.26 $ 163.83 10" $137.79 $142.64 $147.67
Service Charges Per meter per month
518" $32.24 $3s.19 $40. I 7 $43.85 $4s.69 $47.63
3/4" $32.24 $3s.19 $40.1 7 $43.8s $4s.69 $47.63
I
n
s32.24 $3s.19 $40.1 7 $43.8s $4s.69 s47.63
$64.48 $70.39 $80.33 $87.70 $91.39 $9s.2s I ll2"
$140.31 $146.22 $ 1s2.40 2" $1 03.1 7 $112.62 $ 128.53
5 n
$22s.69 $246.36 $281.16 $306.93 $319.86 $333.38
$481.99 $s26.17 $s48.34 $57l.s l 4" $386.90 $422.33
6" $806.04 $879.8s $1,004.15 $1,096.19 $1,142.37 $1,190.65 8" $1,160.70 $1,266.98 $1,445.98 $1,578.51 $1,645.01 $1,714.54 10" $1,870.02 $2,041.24 $2,329.63 $2,543.16 $2,650.30 $2,762.31 The water rates are effective as of January 9, 2025 .

The City reserves the right and power to contract separately with any person for the sale and delivery of water within or outside ih" in"o.porated limits of the City, at wholesale, at times, places and prices to be fixed and agreed upon by resolution of the City Council.

Any person desiring to purchase water at wholesale from the Water Department shall make written applitation to the City Council for a contract therefor, specifuing the time, place and nature of the intlnded use of said water. The City Councilshall consider said application and if in its judgment said application may be granted without detriment to the City, a contract may be entered into for the sale and aeiivery of waier at wholesale at times, or over a period of times, at places and prices, which in the opinion of the City Council will be to the best interest of the City. (Ord. 2013-l S 2 (Att. A),2-26-2013; Ord.2003-3 S 1,3-25-2008; Ord. g3-2,3-23-1993; Ord. 89-7,5-23-1989; Ord. 247,5-23-1967;Ord' 242, 1 -12-1965 ; Ord. 236, 8-19 -1963)
SECTION 2
All other sections and provisions of Title 11 shall remain in full force and effect.

SECTION 3.

A duly noted public hearing was held by the City Council on November 12,2024 SECTION 4
At least 5 days prior to the meeting at which this Ordinance is to be adopted, the City Clerk shall publish a summary of tfiit ordinance at least once in the West Side Index, a newspaper of general circulation.

SECTION 5
Th"t prior to the expiration of l5 days from the adoption of this Ordinance, the City Clerk shall publish a summary of this ordinun"e at least once in the West Side Index, a newspaper of general circulation.

SECTION 6
This Ordinance shall take effect 30 days after the date of its adoption and thenceforth and thereafter, the same shall be in full force and effect.

The foregoing ordinance was introduced by Council Member and the title thereof read at the regular meeting of the city Council of the City of Newman held on the 12ft day of November, 2024, andby a unanimous vote of the council members present, further reading was waived.

On motion of Council Member seconded by Council Member
the foregoing ordinance was adopted by the City Council of the City of Newman at a regular meeting thereof held on the 12m day of November,2024, by the following vote:

AYES:

NOES:

ABSTENTIONS
ABSENT:

APPROVED
Casey Graham,
Mayor of the City of Newman
County of Stanislaus, State of California
ATTEST:

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

PUBLIC NOTICE
The Newman City Council, at its November 12, 2024 regular meeting introduced the following ordinance:

Ordinance No. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN AMENDING TITLE 11 PUBLIC WAYS AND PROPERTY, SECTIO.N 11.05.040-0F THE NEWMAN CITY CODESETTING WATER RA TES, FEES AND RELATED SERVICE CHARGES EFFECTIVE JANUARY 9, 2025, AND AUTHORIZING THE CITY CLERK TO PUBLISH A SUMMARY OF SAID

ORDINANCE
Monthly water service charges for residential users, commercial users, industrial users, schools and churches, both inside and outside the City, and all other users, shall be in accordance with the following rates:

WATER RATES
Fiscal Year Ending
2025 2026 2027 2028 2029 2030
Effective Date Jan 9, 2025 Jan 9, 2026 Jan 9, 2027 Jan 9, 2028 Jan 9, 2029 Jan 9, 2030 Consumption Per hundred cubic feet Charges
All Customer
Categories Except $2.08 $2.26 $2.59 $2.82 $2.93 $3.06
Landscape
Landscape $2.49 $2.73 $3.16 $3.42 $3.53 $3.69
Meter
Replacement Per meter per month
Charges
5/8" $2.73 $2.83 $2.93 $3.03 $3.14 $3.25
3/4" $3.25 $3.40 $3.52 $3.64 $3.77 $3.90
l" $3.69 $3.82 $3.95 $4.09 $4.24 $4.39
1 112" $8.20 $8.49 $8.79 $9.10 $9.42 $9.75
2" $19.14 $19.81 $20.51 $21.24 $21.98 $22.76
3" $24.61 $25.48 $26.37 $27.30 $28.26 $29.26
4" $38.28 $39.63 $41.03 $42.47 $43.97 $45.52
6" $91.74 $94.97 $98.32 $101.78 $105.37 $109.08
8" $110.45 $114.34 $118.36 $122.53 $126.85 $131.32
10" $137.79 $142.64 $147.67 $152.87 $158.26 $163.83
Service Charges Per meter per month
5/8" $32.24 $35.19 $40.17 $43.85 $45.69 $47.63
3/4" $32.24 $35.19 $40.17 $43.85 $45.69 $47.63
l" $32.24 $35.19 $40.17 $43.85 $45.69 $47.63
1 112" $64.48 $70.39 $80.33 $87.70 $91.39 $95.25
2" $103.17 $112.62 $128.53 $140.31 $146.22 $152.40
3" $225.69 $246.36 $281.16 $306.93 $319.86 $333.38
4" $386.90 $422.33 $481.99 $526.17 $548.34 $571.51
6" $806.04 $879.85 $1,004.15 $1,096.19 $1,142.37 $1,190.65 8" $1, 160.70 $1,266.98 $1,445.98 $1 ,578.51 $1,645.01 $1,714.54 10" $1 ,870.02 $2,041.24 $2,329.63 $2,543.16 $2,650.30 $2,762.31 The water rates are effective as of January 9, 2025.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day ofNovember, 2024 by ______ _
ATTEST:

Isl Mike Maier
City Clerk
APPROVED:

Isl Casey Graham
Mayor of the City ofNewman
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 9.b.

City Council Meeting
of November 12, 2024
REPORT ON MATTOS RANCH SUBDIVISION PHASE 2 DEVELOPMENT AGREEMENT RECOMMENDATION:

Staff recommends the Council:

1. Hold a Public Hearing, and

2. Conduct First Reading of Ordinance No. 2024- , an Ordinance approving the Mattos Ranch Subdivision Phase 2 Development Agreement.

BACKGROUND:

In May 2024, the Newman Planning Commission voted to recommend the City Council certify and adopt the Mattos Ranch Subdivision Phase 2 Initial Study/Mitigated Negative Declaration, approve General Plan Amendment No. 23-01 redesignating 6.2 acres from Community Commercial to Medium Density Residential, and approve rezoning the same acreage from Highway Commercial (C-8) to Planned Development (P-D). The Commission also approved Tentative Tract Map No. 2023-02 subdividing the 6.2 acres into 42 single-family lots and a 0.47 acre park site. However, final approval of the subdivision map requires the Council to certify the Mitigated Negative Declaration and approve the General Plan Amendment and Rezone.

At the September 24th Meeting, the Council certified a Mitigated Negative Declaration, approved the General Plan Amendment, and introduced Ordinance No. 2024-02, an Ordinance amending Title 5, Zoning and accompanying maps of the City of Newman by rezoning 6.2 acres from Highway Commercial (C-8) to Planned Development (PD). The Ordinance was adopted at the October 22nd Council meeting.

In June 2024, the Planning Commission reviewed the proposed Development Agreement and voted to recommend the Council approve the Development Agreement for Mattos Ranch Phase 2 Subdivision.

ANALYSIS:

The Mattos Ranch Phase 2 project will be an extension of the Mattos Ranch subdivision. This second phase is comprised of 42 lots aligned on a single street. The minimum lot size is 4,500 square feet and the average lot size is 4,948sf. A majority (29) of the lots will measure 45ft x lOOft with an additional eight (8) lots along the northwest property line measuring 45ft x l 14ft. The remaining five largest (5) lots vary in size due to their location.

The Development Agreement is a seven (7) year agreement that extends the life of the subdivision map in exchange for conditions outlined within Exhibit C of the document. Exhibit C includes special conditions that allow the City to be reimbursed for constructed projects that serve the area and collect funds for future projects that are important to the community.

FISCAL IMPACT:

Positive.

CONCLUSION:

Staff worked with the Developer to craft a Development Agreement that works for both parties. In return for extending the life of the subdivision map, the City receives an additional fee that support the Council's ability to develop projects that are important to the Community. Staff recommends that Council introduce Ordinance No. 2024- , approving the Mattos Ranch Subdivision Phase 2 Development Agreement.

ATTACHMENTS:

1. Exhibit A - Ordinance No. 2024- , an Ordinance approving the Mattos Ranch Subdivision Phase 2 Development Agreement.

2. Exhibit B - Mattos Ranch Subdivision Phase 2 Development Agreement.

Respectfully submitted,
Michael Holland
City Manager
ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN
APPROVING THE MATTOS RANCH SUBDIVISION PHASE 2 DEVELOPMENT

AGREEMENT
WHEREAS, The Planning Commission held a Public Hearing on Thursday, June 20, 2024, to consider Mattos Ranch Subdivision Phase 2Development Agreement (DA) for George and Marlene Souza; and;
WHEREAS, The Planning Commission provided a recommendation of approval on the proposed Development Agreement, in accordance with Section 6-11-8 ofNewman Municipal Code; and WHEREAS, The City Council conducted a Public Hearing on November 12, 2024, to consider and review the Mattos Ranch Development Agreement; and
WHEREAS, Notice of the Public Hearing before the Planning Commission and before the City Council was given in the time and manner required by State Law and City Code; WHEREAS, The City Council finds the Mattos Ranch Subdivision Phase 2 Development Agreement is consistent with the City of Newman General Plan and the Newman Neighborhood Specific Plan. State Law does not require a precise or exact match between this Project and the General Plan. To be consistent, a Project must be compatible with the plan's purpose and policies. This Project is in conformity with the Newman General Plan's objectives, policies, general land uses, and programs specified in the General Plan and the Newman Neighborhood Specific Plan; and WHEREAS, This Development Agreement will not inhibit nor obstruct the attainment of the Newman General Plan. The Council has independently reviewed the evidence and in its independent judgment has determined that the Development Agreement is consistent with the General Plan; and WHEREAS, This Development Agreement would not directly result in any physical land use changes or impacts to the environment; and
WHEREAS, The City Council determines the best interests of the City of Newman and of its residents would be served by the approval of this Development Agreement; and WHEREAS, The City Council has independently considered all evidence, including the conclusions and recommendations of the Planning Commission of the City of Newman; and WHEREAS, The City Council of the City ofNewman hereby finds that said Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the Newman General Plan and the Newman Neighborhood Specific Plan; and WHEREAS, The City Council approved Resolution No. 2024-33 adopting a Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Mattos Ranch Subdivision Phase 2 project; and
WHEREAS, In independently reaching this conclusion the City Council has considered all of the evidence, including the conclusions and recommendations of our planning department; and WHEREAS, The City Council of the City of Newman finds that said CEQA Compliance has been addressed in the Mattos Ranch Subdivision ~hase 2 Mitigated Negative Declaration and the Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents ofNewman as a whole; and
WHEREAS, The City Council has considered all of the evidence, including the conclusions and recommendations of our planning department; and
WHEREAS, The City Council of the City of Newman finds that said Development Agreement will not adversely affect the orderly development of property or the preservation of property values; and WHEREAS, To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code (the "Development Agreement Statute"), which authorizes the City to enter into a development agreement with any person/entity having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein; and
WHEREAS, Pursuant to Government Code Section 65865(c), the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements. This Development Agreement has been processed, considered, and executed in accordance with those City rules and regulations; and
WHEREAS, The Development Agreement has adhered to, and is consistent, with the requirements of the Development Agreement Statute; and
WHEREAS, The City finds the Developer has a legal or equitable interest in the property subject to the Development Agreement; and
WHEREAS, The City Council has considered all of the evidence, including the conclusions and recommendations of our planning department.

NOW, THEREFORE, BE IT ORDAINED By the City Council of the City of Newman as follows:

Section 1.

The recitals above are true and correct, and the City Council hereby makes the findings set forth herein.

Section 2.

The City Council of the City of Newman hereby approves the Mattos Ranch Subdivision Phase 2 Development Agreement, Exhibit "A," and finds that said Development Agreement is consistent with the requirement of Government Code Section 65814, et seq.

Section 3.

The City Manager and City Clerk of the City of Newman are authorized and directed to execute and record said Development Agreement.

Section 4.

This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 5.

If any provision of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The city council hereby declares that it would have adopted this ordinance irrespective of the validity of any particular portion thereof.

Section 6.

This ordinance shall become effective thirty (30) days after its final passage.

Section 7.

Within fifteen (15) days after its final passage, the City Clerk shall cause a summarY,ofthis ordinance to be published in the West Side Index in accordance with Section 36933 of the Government Code.

The foregoing ordinance was introduced by Council Member and the title thereof was read at the regular meeting of the City Council of the City of Newman held on November 11, 2024, and by a unanimous vote of the council members present, further reading was waived.

On motion of Council Member , seconded by Council Member _________ , the foregoing ordinance was duly passed by the City Council of the City of Newman at a regular meeting thereof held on December 10, 2024 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

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

Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California
Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Phase II Subdivision

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City Clerk
City of Newman
938 Fresno Street
Post Office Box 787
Newman, CA 95360
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DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF NEWMAN AND GEORGE AND MARLENE SOUZA

RELATIVE TO THE DEVELOPMENT KNOWN AS
MATTOS RANCH SUBDIVISION PHASE 2
This document, including Exhibits, totals 27 pages.

Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 i

REFERENCE SHEET
Project Name:

Mattos Ranch Subdivision Phase 2
Project:

The proposed project consists of Phase 2 of the Mattos Ranch Subdivision, involving a General Plan Amendment (Community Commercial to Medium Density Residential), a Rezone from Highway Commercial (C-8) to Planned Development (PD) and a tentative tract map to subdivide 6.1 acres into 43 single-family lots.

Developer:

George Souza
Developer’s Address for Purpose of Written Notice:
2101 Hallowell Road, Newman, CA 95360
Landowner:

George and Marlene Souza
Term:

The term of this Agreement, as provided in Section 1.8, is seven (7) years.

Entitlements:

As referred to in Recital 6, Entitlements shall mean the General Plan Amendment 23-01 Zone Change 23-02, Tentative Tract Map 23-02, and this Development Agreement.

CEQA document:

As referred to in Recital 7, the CEQA document shall mean the Mitigated Negative Declaration, SCH No. 2023020708, as certified by the City Council on September 24, 2024.

Adopting Ordinance:

As referred to in Section 1.3 (a), the adopting ordinance shall mean Ordinance No. 2024- XX enacted by the City Council on XXXX, 2024.

The following Exhibits are attached to this Development Agreement:

A. Legal Description of Subject Property
B. Assumption Agreement
C. Special Conditions and Requirements
D. Sample Notice of Termination
E. Mattos Ranch Subdivision Phase 2 Conditions of Approval Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 ii

TABLE OF CONTENTS
Page
RECITALS ..................................................................................................................1, 2 ARTICLE 1
GENERAL PROVISIONS ......................................................................................2 Section 1.1. The Project.........................................................................................2 Section 1.2. Subject Property.................................................................................2 Section 1.3. Definitions..........................................................................................2 (a) Adopting Ordinance.........................................................................2 (b) Assumption Agreement ...................................................................2 (c) CEQA ..............................................................................................2 (d) City ..............................................................................................2 (e) City Laws.........................................................................................2 (f) Current Fees.....................................................................................2 (g) Developer.........................................................................................3 (h) Director ............................................................................................3 (i) Effective Date ..................................................................................3 (j) Entitlements.....................................................................................3 (k) General Plan.....................................................................................3 (l) Landowner .......................................................................................3 (m) New Fees..........................................................................................3 (n) Planning Commission ......................................................................3 (o) Reserved Powers..............................................................................3 (p) Subject Property...............................................................................3 Section 1.4. Exhibits .............................................................................................3 Section 1.5. Incorporation of Recitals....................................................................3 Section 1.6. Parties to Agreement..........................................................................3 (a) The City of Newman........................................................................4 (b) Developer.........................................................................................4 (c) Landowner .......................................................................................4 Section 1.7. Project is a Private Undertaking ........................................................4 Section 1.8. Term of Agreement............................................................................4 Section 1.9. Assignment and Assumption .............................................................4 Section 1.10. Covenants Running With the Land....................................................4 Section 1.11. Amendment to Agreement (Developer and City)..............................4 Section 1.12. Amendment to Agreement (Landowner and City). ...........................5 Section 1.13. Releases..............................................................................................5 Section 1.14. Notices ..............................................................................................5 Section 1.15. Reimbursement for Agreement Expense of City...............................5 Section 1.16. Recordation of Agreement.................................................................5 Section 1.17. Applicable Law..................................................................................6 Section 1.18. Invalidity of Agreement/Severability ................................................6 Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 iii
Section 1.19. Third Party Legal Challenge..............................................................6 Section 1.20. Waiver of Claims. ..............................................................................7 Section 1.21 Priority of Enactment.........................................................................7 ARTICLE 2
PROJECT DEVELOPMENT..................................................................................7 Section 2.1. Limited Vested Right.........................................................................7 Section 2.2. No Moratorium Quotas Restrictions..................................................7 Section 2.3. Permitted Uses and Development Standards.....................................7 Section 2.4. Application, Processing and Inspection Fees.....................................8 Section 2.5. Impact Fees........................................................................................8 Section 2.6. Reserved Powers................................................................................8 Section 2.7. Obligation and Rights of Mortgage Lenders .....................................9 Section 2.8. Affordable Housing ...........................................................................9 Section 2.9. Community Benefit Fee.....................................................................9 ARTICLE 3
DEFAULT .............................................................................................................10 Section 3.1. General Provisions...........................................................................10 Section 3.2. Annual Review.................................................................................10 Section 3.3. Developer Default Limited to Property/Entity; Separate Obligations of Owners.....................................................................11 Section 3.4. Default by City.................................................................................11 Section 3.5. Cumulative Remedies of Parties/Waiver of Right to Damages.......11 Section 3.6. Enforced Delay, Extension of Times of Performance .....................11 Section 3.7. Tolling Due to Litigation .................................................................12 ARTICLE 4
TERMINATION....................................................................................................12 Section 4.1. Termination upon Completion of Development..............................12 Section 4.2. Effect of Termination on Developer Obligations ............................12 Section 4.3. Effect of Termination on City..........................................................12 ARTICLE 5
STANDARD TERMS AND CONDITIONS ........................................................13 Section 5.1. Venue ...............................................................................................13 Section 5.2. Waiver..............................................................................................13 Section 5.3. Completeness of Instrument ............................................................13 Section 5.4. Supersedes Prior Agreements..........................................................13 Section 5.5. Captions ...........................................................................................13 Section 5.6. Number and Gender.........................................................................13 Section 5.7. Mandatory and Permissive...............................................................13 Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 iv
Section 5.8. Term Includes Extensions..............................................................13 Section 5.9. Successors and Assigns..................................................................13 Section 5.10. Modification...................................................................................13 Section 5.11. Counterparts...................................................................................14 Section 5.12. Other Documents...........................................................................14 Section 5.13. Partial Invalidity.............................................................................14 Section 5.14. Controlling Law.............................................................................14 Section 5.15. Time Is of the Essence ...................................................................14 Section 5.16. Authority........................................................................................14 Section 5.17. Document Preparation ...................................................................14 Section 5.18. Advice of Legal Counsel ...............................................................14 Section 5.19. Estoppel Certificate........................................................................14 Section 5.20. Attorneys’ Fees and Costs .............................................................15 Section 5.21. Consent Subordination...................................................................15 Section 5.22. Calculation of Time Periods ..........................................................15 Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -1-
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made by and between the CITY OF NEWMAN, a municipal corporation (“City”), and Developer pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (§ 65864 et seq. of the Government Code) and City’s Municipal Code Chapter 6.11, relating to Development Agreements.

R E C I T A L S

1. In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the Development Agreement Law (Gov. Code, § 65864 et seq.).

2. The City has adopted Chapter 6.1 of its Municipal Code to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans. (Mun. Code § 6.11.020.)

3. The Development Agreement Law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties. Such agreements, as authorized by the Development Agreement Law and by common law, assure property developers that they may proceed with their projects with the assurance that approvals granted by public agencies will not change during the period of development. Cities and counties are equally assured that costly infrastructure such as roads, sewers, fire protection facilities, etc., will be available in a timely manner.

4. The parties have, in good faith, negotiated the terms hereinafter set forth which carry out the legislative purpose set forth above and will assure the parties to this Agreement of mutually desirable development in a manner consistent with the CEQA document, the Entitlements, and this Agreement.

5. Developer owns in fee the Subject Property more particularly described on Exhibit A hereto, located in the City.

6. City, in response to Developer's application(s), after public hearings and extensive environmental analysis, has granted approval of the Entitlements, as set forth on the Reference Sheet.

7. In support of the various Entitlements described in paragraph 5 above, and in accord with the California Environmental Quality Act (“CEQA”) and State guidelines, City has accepted and ratified a CEQA document, as set forth in the Reference Sheet.

The City concurs in and ratifies the previously certified MND and finds that no subsequent or supplemental environmental report/studies are necessary.

8. Development of the Subject Property pursuant to the terms and conditions of the Entitlements, the General Plan and appropriate environmental determinations will provide for orderly growth and development consistent with the City’s General Plan and other development policies and programs.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -2-

9. The Planning Commission considered this Agreement, and recommended its adoption to the City Council.

10. Having duly considered this Agreement and having held the noticed public hearings, City finds and declares that the provisions of this Agreement are consistent with the maps and text of the City’s General Plan.

NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE 1

GENERAL PROVISIONS
Section 1.1. The Project. The Project is defined as set forth on the Reference Sheet.

Section 1.2. Subject Property. The Subject Property is more specifically described in Exhibit A, which is incorporated herein and made part of this Agreement.

Section 1.3. Definitions. As used in the Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. (a) Adopting Ordinance means the ordinance which approves this Agreement.
(b) Assumption Agreement means an agreement substantially conforming to the model assumption agreement described in Exhibit B, or other agreement in a form approved by the City Attorney, executed by a Landowner with the Developer, expressly assuming various obligations relating to the development of the Project, or portion thereof.
(c) CEQA means the California Environmental Quality Act section 21000 et seq., of the Public Resources Code of the State of California. (d) City Council means the City Council of the City of Newman. (e) City Laws means ordinances, resolutions, rules, regulations, policies, motions, directives, mitigation measures, conditions, standards, specifications, dedications, fees, taxes (including without limitation general, special and excise taxes), assessments, liens, other exactions and impositions, and any other actions having the force of law, that are enacted or adopted by City, or by its electorate through the initiative or referendum process.
(f) Current Fees means those City development fees, processing fees, and utility rates and fees in effect as of the Effective Date as specified in Section 2.5.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -3-
(g) Developer shall mean that person or entity that has applied for this Development Agreement as defined on the Reference Sheet. (h) Director means the Community Development Director for the City, or his/her designee.
(i) Effective Date means the effective date of the Adopting Ordinance.
(j) Entitlements shall mean those approvals listed on the Reference Sheet of this Agreement, approved copies of which are on file with the City Council. (k) General Plan means the General Plan of the City, including the text and maps.
(l) Landowner is a party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. (m) New Fees means those fees adopted by the City after the Effective Date.
(n) Planning Commission shall mean the City’s Planning
Commission, or its designee.
(o) Reserved Powers shall mean those powers explicitly reserved to the City by this Agreement.
(p) Subject Property means the property described in Section 1.2, or the remaining portions thereof after releases from the provisions of this Agreement have been executed as authorized by this Agreement.

Section 1.4. Exhibits. Exhibits to this Agreement are as follows:

Exhibit A Legal Description of Subject Property
Exhibit B Assumption Agreement
Exhibit C Special Conditions and Requirements
Exhibit D Sample Notice of Termination
Section 1.5. Incorporation of Recitals. Recitals 1 through 9 are incorporated herein, including all exhibits referred to in the Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 5, the provisions of Articles 1 through 5 shall prevail.

Section 1.6. Parties to Agreement. The parties to this Agreement are:

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -4-
(a) The City of Newman. The City is a municipal corporation exercising its general governmental functions and powers. The principal office of the City is located at 938 Fresno Street, Newman, California, 95360. (b) Developer. Developer owns the Subject Property in fee. (c) Landowner. From time to time, as provided in this Agreement, Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property.

Section 1.7. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions.

Section 1.8. Term of Agreement. This Agreement shall commence upon the Effective Date of the Adopting Ordinance approving this Agreement and shall continue in force for the period shown on the Reference Sheet under “Term.” Section 1.9. Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this Agreement with all the rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. Developer shall provide City with a copy of the Assumption Agreement.

Express written assumption by such purchaser, assignee or transferee, to the satisfaction of the City Attorney, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred, shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed. Any such assumption of Developer's obligations under this Agreement shall be deemed to be to the satisfaction of the City Attorney if executed in the form of the Assumption Agreement attached hereto as Exhibit B and incorporated herein by this reference, or such other form as shall be approved by the City Attorney.

Section 1.10. Covenants Running with the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Provided however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed residential unit or non-residential building which has been approved by the City for occupancy, this Agreement shall automatically terminate.

Section 1.11. Amendment to Agreement (Developer and City). This Agreement may be amended by mutual consent of the parties in writing, in accordance Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -5-
with the provisions of Government Code section 65868, provided that: any amendment which relates to the term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a noticed public hearing before the parties may execute an amendment. Unless otherwise provided by law, all other amendments may be approved without a noticed public hearing.

Any amendment entered into between the City and the Developer shall require the signature of each owner of any portion of the Subject Property to the extent the amendment modifies this Agreement as to that other owner's property.

Section 1.12. Amendment to Agreement (Landowner and City). This Agreement may also be amended, subject to the provisions of Government Code section 65868, between a Landowner who has acquired a portion of the Subject Property from Developer and City as to the portions of the Subject Property then owned by Landowner.

Any amendment entered into between the City and a Landowner shall require the signature of each Landowner of any portion of the Subject Property or the Developer to the extent the amendment modifies the Agreement as to that Landowner's or the Developer's property.

Section 1.13. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the City Clerk receives a copy of the Assumption Agreement provided for in Section 1.9.

Section 1.14. Notices. Notices, demands, correspondence, and other communication to City and Developer shall be deemed given if dispatched by prepaid first-class mail to the principal offices of the parties as designated in Section 1.6(a).

Notice to the City shall be to the attention of both the City Manager and the Director.

Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notices. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence.

Section 1.15. Reimbursement for Agreement Expense of City. Developer agrees to reimburse City for actual expenses over and above fees paid by Developer as an applicant, for preparation of the form of this Agreement, in addition to costs specifically incurred by City for the preparation of this Agreement, including recording fees, publishing fees, and reasonable staff and consultant costs not otherwise included within application fees then due and payable to the City. Such reimbursement shall be paid to the City prior to execution of this Agreement by the City. Developer shall also pay any and all installments of property tax then due for the Subject Property.

Section 1.16. Recordation of Agreement. The City Clerk shall cause a copy of this Agreement to be recorded with the City Recorder not later than ten (10) days after the effective date following execution of this Agreement by the City. Developer hereby covenants that during the period following execution and the recording of this Agreement by the City, Developer shall not, without prior written approval by the City Attorney, Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -6-
cause or allow to be recorded against the Subject Property any instrument affecting the priority, validity or enforceability of this Agreement.

Section 1.17. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 1.18. Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which became effective after the Effective Date, the remaining provisions shall continue in full force and effect.

Section 1.19. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement, the Entitlements or any approval subsequently granted by the City for the development of the Subject Property, the parties and any Landowner agree to cooperate with each other in good faith. City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer and/or Landowner(s) (to the extent the litigation, in part or in whole, seeks to overturn or invalidate this Agreement, the Entitlements or any subsequent approval granted for the Subject Property held by or granted to Developer and/or Landowner), and, in such event, Developer and/or such Landowner(s) shall indemnify, hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. For purposes of this section only, “City” shall include all employees, consultants and agents acting on behalf of the City. Neither party shall settle any such lawsuit without the consent of the other party. The City may elect to participate in the litigation, in which case the Developer and/or Landowner agree to reimburse the City for its litigation costs and fees, including the retention of outside legal counsel and all staff costs. It is the intent of the Parties that the City’s participation not result in unnecessary duplication of legal services, but rather that the City’s active involvement in the litigation be limited to supervising the preparation of the administrative record or discovery as applicable, monitoring of litigation, and responsive pleadings regarding issues which, in the sole opinion of the City, involve broader City concerns then those immediately affecting the Landowner and/or Developer. Upon written demand of the City, Developer and/or Landowner shall deposit with the City such sums as may be specified by the City as its estimated litigation costs and fees for the following thirty day period. Both parties shall act in good faith, and shall not unreasonably withhold consent to settle. In the event that the City elects to settle a claim, and Developer refuses to also settle, City at its sole option may require Developer to post security in a form and amount reasonably acceptable to the City, for the performance of Developer’s duties under this section. If the Developer, within 30 days of receiving written notice from City, fails to post this security, the Developer shall settle the claim on terms as previously approved by the City. This provision shall survive the termination of this Agreement.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -7-
Section 1.20. Waiver of Claims. Developer waives, as to the Subject Property only, any and all existing claims that may have against the City, its agents, employees and consultants, arising out of the adoption and/or application of development requirements and standards, impact fees, the adoption of this Agreement or approval of the Entitlements and all of the proceedings, acts or determinations made prior thereto.

Section 1.21. Priority of Enactment. In the event of conflict between the Development Agreement, the Entitlements and the City Laws, the parties agree that the following sequence of approvals establishes the relative priority of approvals, each approval superior to the approvals listed thereafter: (1) Exhibit C to this Agreement; (2) the Development Agreement; (3) the Entitlements and (4) the City Laws. In the event of a conflict between two or more of the foregoing documents, the language of that document which is superior in priority as provided above shall govern.

ARTICLE 2

PROJECT DEVELOPMENT
Section 2.1. Limited Vested Right. During the Term of and subject to the terms of this Agreement, the Developer’s rights shall be vested only as to the Entitlements. “Vested” shall mean that except as to express limitations and reservations contained in this Agreement, Developer’s Entitlements shall not be subject to changes in City Laws. In the event that the City grants an approval or permit in the implementation of the Project, the approval or permit shall also be considered vested. This section shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, or to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements, which require the exercise of discretion by the City or any of its officers or officials.

Section 2.2. No Moratorium, Quotas, Restrictions, or Other Growth Limitations. Except as otherwise provided by the terms and conditions of this Agreement of the Entitlements, no ordinance, resolution, rule, regulation or policy of City shall be applied, imposed or enacted by City, by resolution, ordinance, initiative, or otherwise, which in any way relates to the rate, timing or sequencing of the development or use of the Property, or any improvements related thereto, including without limitation, any no-growth or slow-growth moratoriums or annual development allocations, quotas or limitations, or in any way conflicts with the permitted uses, density and intensity of uses, maximum building height and size set forth in the Entitlements; provided, however, Developer shall be subject to any such growth limitation ordinance, resolution, rule, regulation or policy which is adopted on a uniformly applied, City-wide basis and directly concerns a public health or safety issue, in which case City shall treat Developer in a uniform, equitable and proportionate manner with all properties which are zoned consistent with Developer’s zoning set forth in the Entitlements.

Section 2.3 Permitted Uses and Development Standards. The permitted uses and development standards shall be those as set forth in and permitted by the Entitlements, City Zoning, subdivision and land development standards as of the Effective Date.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -8-
Section 2.4. Application, Processing and Inspection Fees. Application fees, processing fees, and inspection fees that are revised during the term of this Agreement shall apply to the development pursuant to this Agreement, provided that such revised fees apply generally to similar private projects or works within City.

Section 2.5. Impact Fees. Developer shall be subject to all development impact fees including scheduled or periodic increases as provided for in the adopting ordinances or resolutions (“Current Fees”), as identified on Exhibit C. Developer shall pay, without protest or without challenge, Current Fees in effect at the time the Adopting Ordinance is approved.

In addition, Developer is subject to any new fees adopted by the City, or the recalculation of existing fees (“New Fees”) and waives any and all claims of vested rights or the assertion of this Agreement as a bar to the application of the new fees. Developer retains the right to otherwise challenge New Fees as permitted by law.

Section 2.6. Reserved Powers. Notwithstanding any other provision of this Agreement, and without limitation as to any other requirements or exceptions contained in this Agreement, the City retains the authority to take the following actions and apply the same to the Subject Property:
(a) The authority of the City Council to adopt regulations to protect the City and its citizens from an immediate adverse risk to health and safety. This shall include, but not be limited to, lack of sufficient sewer and/or water facilities, but not school facilities.
(b) Adopt or increase utility charges in accordance with applicable laws and regulations.
(c) As set forth in Section 2.5, increase and apply Current Fees, and adopt and apply New Fees.
(d) Adopt revised subdivision regulations, building design standards (residential and non-residential) and development improvement standards. (e) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with state or federal laws, or regulations, provided that in the event that such state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(f) City land use regulations, ordinances, policies, programs or resolutions adopted after the Effective Date, which are in conflict with the City Laws, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner by later separate Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -9-
document, which consent Developer and/or Landowner may withhold in their sole and exclusive discretion.

Section 2.7. Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security instrument with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but, in the event said holder takes title to the Subject Property through foreclosure of a mortgage or a deed of trust, or deed-in-lieu of such foreclosure, said holder shall be bound by all of the terms and conditions of this Agreement which pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

Section 2.8. Affordable Housing. As to those portions of the Project for which a tentative subdivision map creating single family lots has not been approved, Developer shall comply with any future affordable housing ordinance adopted by the City.

Section 2.9. Community Benefit Fee. Developer agrees and consents to pay four thousand five hundred dollars ($4,500.00) per residential unit for purposes of ensuring there are sufficient funds to improve and enhance the community as determined by the City Council. The fee shall be payable at the time each building permit is issued, and shall be subject to annual adjustment beginning March 1, 2025 based on the percentage changes in the Construction Costs Index, published by the Engineering News Record. In the event the CCI is no longer utilized, the City Director shall use a similar index to calculate the percent increase. It is the intent of the City Council to apply a similar benefit fee to other projects seeking a development agreement of similar duration for a similar number of units. The City shall exercise reasonable efforts to negotiate a similar requirement, but reserves the right to accept amenities or contributions of similar value in satisfaction of a portion of the Community Benefit Fee.

The City Council shall allocate the Community Benefit Fee, as it determines to be in the City interest.

Community Benefit Fees may not be used to subsidize improvements imposed as conditions of approval on other development projects.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -10-
ARTICLE 3

DEFAULT
Section 3.1. General Provisions. Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement to perform any term or provision of this Agreement, shall constitute a default.

In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner not less than sixty (60) days notice in writing specifying the nature of the alleged default and the manner in which said default may be cured. During any such sixty (60) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings.

After notice and expiration of the sixty (60) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at his/her option, institute legal proceedings pursuant to this Agreement or give notice of his/her intent to terminate this Agreement pursuant to California Government Code section 65868 and any regulations of the City implementing said Government Code section. Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.

Following consideration of the evidence presented in said review before the City and an additional 30-day period to cure, either party alleging the default by the other party or Landowner may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respect to such portion of the Subject Property in which Landowner owns an interest.

Section 3.2. Annual Review. City’s Planning Department shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Developer and Landowner with the terms of this Agreement.

Such periodic review shall conform to the procedures provided in Section 6.11.120 of the City’s Code and be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. Each said review shall be completed within sixty (60) days of the first meeting of the Planning Commission and the City Council, respectively, at which such review is undertaken, unless said period is extended by mutual consent of City and Developer. Failure to complete said review within the prescribed period shall be deemed a finding of good faith substantial compliance. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. City may charge, and Developer shall pay a fee for such annual review to defray the cost to the City to process and conduct such annual review.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -11-
City shall deposit in the mail or fax to Developer and/or Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least seven (7) days prior to such periodic review. Developer or Landowner shall be entitled to appeal the City’s decision.

Section 3.3. Developer Default Limited to Property/Entity; Separate Obligations of Owners. Except as specified herein in Section 3.1, no default hereunder in performance of a covenant or obligation with respect to a particular portion of the Subject Property shall constitute a default applicable to any other portion of the Subject Property, and any remedy arising by reason of such default shall be applicable solely to the portion of Subject Property where the default has occurred. Similarly, the obligations of the Developer and Landowners shall be severable and no default hereunder in performance of a covenant or obligation by any one of them shall constitute a default applicable to any other owner who is not affiliated with such defaulting owner, and any remedy arising by reason of such default shall be solely applicable to the defaulting owner and the portion of the Subject Property owned by the defaulting owner.

Section 3.4. Default by City. In the event City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by this Agreement, or as otherwise provided in this Agreement, or the City otherwise defaults under the terms of this Agreement, Developer and/or Landowner may give written notice thereof to the City and if not cured within sixty (60) days following receipt of such notice, Developer shall have all rights and remedies provided herein or under applicable law, including without limitation the right to pursue actions for mandamus, specific performance, or injunctive or declaratory relief to enforce this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from any other party as a result of any breach or alleged breach of such other party's obligations hereunder. In the event City is in default under the terms of this Agreement, any resulting delays in Developer’s performance caused thereby shall not constitute grounds for termination or cancellation of this Agreement.

Section 3.5. Cumulative Remedies of Parties/Waiver of Right to Damages.

In addition to any other rights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from the other party as a result of any breach or alleged breach of such other party's obligations hereunder.

Section 3.6. Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, State or federal laws, regulations, decisions or orders which conflict with this Agreement, or judicial or other governmental agency decisions or orders, directing the City, or which have the effect of requiring the City, to take actions or refrain from taking actions which Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -12-
conflict with the obligations under this Agreement. Any and all extensions of the time of performance shall be limited to sixty (60) months.

Section 3.7. Tolling Due to Litigation. In the event of a lawsuit challenging the Entitlements or EIR, the Developer’s obligations shall be automatically tolled for up to thirty-six (36) months. The Developer may apply for an additional tolling period of up to twenty-four (24) months, which the City may grant, in its sole discretion, based upon a finding that the Developer has actively defended the lawsuit in good faith.

Neither Section 3.6 nor 3.7 tolls the annual adjustment in the amount of fees otherwise due.

ARTICLE 4

TERMINATION
Section 4.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the Term as defined on the Reference Sheet or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied. Upon termination of this Agreement, the City shall record a notice of such termination in substantially the form attached hereto as Exhibit D. This Agreement shall automatically terminate and be of no further force or effect as to any single-family residence, any other residential dwelling unit(s), or any nonresidential building, and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy.

Section 4.2. Effect of Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City General Plan and the terms and conditions of any applicable zoning, or subdivision map or other land use entitlements approved with respect to the Subject Property, any other covenants or any other development requirements specified in this Agreement to continue after the termination of this Agreement, or obligations to pay the Community Benefit Fee, assessments, liens, fees, or taxes.

Section 4.3. Effect of Termination on City. Upon any termination of this Agreement, as provided for under the terms and conditions of this Agreement, as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the Subject Property affected by such termination (provided vesting of entitlements, conditions or fees applicable to the Subject Property shall be governed by planning and zoning law) and the City shall no longer be limited by this Agreement to make any changes or modifications to such entitlements, conditions or fees applicable to the Subject Property.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -13-
ARTICLE 5

STANDARD TERMS AND CONDITIONS
Section 5.1. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus.

Section 5.2. Waiver. A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

Section 5.3. Completeness of Instrument. This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.

Section 5.4. Supersedes Prior Agreements. It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written or oral, between the parties hereto.

Section 5.5. Captions. The captions of this Agreement are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

Section 5.6. Number and Gender. In this Agreement, the neuter gender includes the feminine and masculine, and the singular includes the plural, the word “person” includes corporations, partnerships, firms or associations, wherever the context so requires.

Section 5.7. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” is permissive.

Section 5.8. Term Includes Extensions. All references to the term of this Agreement or the Agreement Term shall include any extensions of such term.

Section 5.9. Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

Section 5.10. Modification. No modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification is in Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -14-
writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given.

Section 5.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 5.12. Other Documents. The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.

Section 5.13. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Section 5.14. Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California.

Section 5.15. Time Is of the Essence. Time is of the essence of this Agreement and each covenant and term a condition herein.

Section 5.16. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms nor conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.

Section 5.17. Document Preparation. This Agreement will not be construed against the party preparing it, but will be construed as if prepared by all parties.

Section 5.18. Advice of Legal Counsel. Each party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, has freely entered into this Agreement.

Section 5.19. Estoppel Certificate. Within thirty (30) days following any written request which either party may make from time to time, and upon payment of a fee to the City to reimburse the City for its reasonable expenses associated herewith, the other party to this Agreement shall execute and deliver to the requesting party a statement certifying that:

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -15-
(a) This Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; and (b) There are not current uncured defaults under this Agreement or specifying the date, nature of any default and manner of cure.

This certificate may be executed by the Director.

Section 5.20. Attorneys Fees and Costs. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.

Section 5.21. Consent/Subordination. Unless waived in writing by the City Attorney, Developer shall furnish proof satisfactory to the City, prior to approval of the Agreement that all persons possessing a legal interest in the property have consented to the recording of this Agreement. Unless waived in writing by the City Attorney, the City shall require subordination by all lenders of record as a condition precedent to the City approval of the Agreement. The City shall have no duty to subordinate its interest in this Agreement.

Section 5.22. Calculation of Time Periods. All calculation of time periods shall be based upon calendar days unless a different intent is clearly stated. [SIGNATURES ON FOLLOWING PAGE]
Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 -16-
IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth in the Preamble.

CITY:

CITY OF NEWMAN,
a municipal corporation
By:

Name:

Title: City Manager
ATTEST: APPROVED AS TO FORM:

By: By:

Name: Name:

Title: City Clerk Title: City Attorney
DEVELOPER/PROPERTY OWNERS:

GEORGE SOUZA, an individual
By:

Name: George Souza
Title:

APPROVED AS TO FORM:

By: By:

Name: Marlene Souza Name:

Title: Title:

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Ph. 2 Exhibit B - Page 1

EXHIBIT A

LEGAL DESCRIPTION OF SUBJECT PROPERTY
Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Ph. 2 Exhibit B - Page 2
Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Ph. 2 Exhibit B - Page 3

EXHIBIT B

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter “this Agreement”) is entered into this day of , 202__, by and between George Souza (hereinafter called “Owner”) and , (hereinafter “Assignee”).

R E C I T A L S
A. On , 202__, the City of Newman and Owner entered into that certain agreement entitled “Development Agreement,” approved by Ordinance _______ (hereinafter “Agreement”), relative to the development known as the Mattos Ranch Subdivision (hereinafter “Subject Property”).

B. Owner entered into a purchase and sale agreement whereby a portion of the Subject Property will be sold to Assignee, which portion of the Subject Property is identified and described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the “Assigned Parcel(s)”).

C. Owner desires to assign all of its interests, rights and obligations under the Agreement with respect to the Assigned Parcel(s).

D. Assignee desires to assume all Owner's rights and obligations under the Agreement with respect to the Assigned Parcel(s).

NOW, THEREFORE, Owner and Assignee hereby agree as follows:

1. Owner hereby assigns effective as of Owner's conveyance of the Assigned Parcel(s) to Assignee, all of the rights, interest, burdens and obligations of Owner under the Agreement with respect to the Assigned Parcel(s). Owner retains all the rights, interest, burdens and obligations under the Agreement with respect to all other property within the Subject Property owned thereby.

2. Assignee hereby assumes all of the burdens and obligations of Owner under the Agreement, and agrees to observe and fully perform all of the duties and obligations of Owner under the Agreement, and to be subject to all the terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention of both Owner and Assignee that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s) to Assignee, Assignee shall be come substituted for Owner as the “Developer” under the Agreement with respect to the Assigned Parcel(s).

3. All of the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Ph. 2 Exhibit B - Page 4
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

ASSIGNOR/OWNER:

By:

Name:

Title:

ASSIGNEE:

By:

Name:

Title:

Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 Exhibit C - Page 1

EXHIBIT C

SPECIAL CONDITIONS AND REQUIREMENTS

1. Capital Facility Fee. Developer acknowledges the City is developing and considering the adoption of an updated Capital Facility Fee program and Parks Master Plan.

2. Prince Road Sewer Line reimbursement. Developer recognizes that the City has invested significant financial and staff resources to expand sewer infrastructure in the Prince Road right-of-way that serves the Mattos Ranch Phase 2 project.

Developer agrees to reimburse the City $2,000 per lot for their fair share of the cost of installing the improvements. Said amount shall increase 6% annually beginning March 1, 2025.

3. Water Well and Storage Capacity. Developer agrees to reimburse the City $2,282 per lot for the fair share of the cost of Well No. 10 and storage tank. Said amount shall increase 6% annually beginning March 1, 2025. This payment will satisfy their water impact fee responsibility.

4. Community Benefit Fee. Developer shall pay to the City a community benefit fee of four thousand five hundred dollars ($4,500) per unit at the time of building permit issuance as outlined in Section 2.9 of this Agreement.

5. Time of Compliance. Developer shall comply with all Public Works Standards and Specifications in place at the time the application is submitted to the City for approval. Developer shall also comply with all ordinances and policies in place at the time building permits are issued.

Development Agreement Between the City of Newman July , 2024 and George and Marlene Souza/Mattos Ranch Subdivision Phase 2 Exhibit D

EXHIBIT D

NOTICE OF TERMINATION
THIS NOTICE OF TERMINATION (hereinafter “this Notice”) is given this _____ day of , 202__, by the City of Newman (hereinafter called “City”) for the benefit of , (hereinafter “Owner”).

1. On ____________ , 202__, the City of Newman and
_________________________ entered into that certain agreement entitled “Development Agreement,” approved by Ordinance (hereinafter “Agreement”), relative to the development known as the Mattos Ranch Subdivision (hereinafter “Subject Property”).

2. Owner has fully performed all its duties with respect to that portion of the Subject Property, which portion of the Subject Property is identified and described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the “Released Property”).

3. Pursuant to Section 4.1 of the Development Agreement, the Development Agreement is no longer in effect with respect to the Released Property.

CITY OF NEWMAN
By:

Name:

Title:
[NOTE: SIGNATURE MUST BE NOTARIZED]
Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision
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EXHIBIT E

CONDITIONS OF APPROVAL
CEQA

1. The project shall implement all mitigations identified in the Initial Study/Mitigated Negative Declaration.

Community Development

2. Developer shall provide final legal description before submitting the project to the City Council.

3. Developer shall enter into a Developer Agreement with the City prior to submitting an application for Final Map approval.

4. The Developer shall be responsible for extending the water line in Mattos Drive to Highway 33. Developer shall be eligible for reimbursement from the commercial development for the cost of the line from the eastern edge of Mattos Ranch Phase 2 to Highway 33. It is Developer responsibility to identify the actual costs associated with extending the water line.

5. The Developer shall be responsible for securing all permits and approvals necessary for extending the water line from the northeastern edge of the project to the water line within the Highway 33 right-of way.

6. Developer shall install a six (6’) foot masonry wall along the eastern property line between the residential properties and the commercial property. Said wall shall be install along Mattos Ranch Drive as shown on the tentative tract map dated 4/16/2024.

7. The developer shall responsible for completing the park with lighted pickleball courts prior to the issuance of the 15th Occupancy permit.

City Engineer

8. All minimum conditions of subdivision approval in the City of Newman Subdivision Ordinance are included by reference.

9. The subdivision map shall comply with all provisions of the Subdivision Map Act.

10. The final map shall be prepared by a California licensed land surveyor or registered civil engineer and be filed for City Council approval pursuant to the City of Newman Municipal Code and the Subdivision Map Act.

11. Approval of the Tentative Map is subject to all required California Environmental Quality Act studies and corresponding mitigation measures as determined by the City Planner.

12. Prior to approval of the Final Map and recording thereof, Applicant shall:

13. Construct all public improvements or provide the required surety for the construction thereof for acceptance by the City Council.

14. Construct or provide required surety for all irrigation improvements as required by Central California Irrigation District.

15. All necessary dedications for right of ways and easements shall be provided to the City of Newman, public utility companies, and other affected agencies.

16. The Subdivider shall dedicate public park land and storm basin to the City of Newman.

17. Applicant shall properly abandon the existing PUEs dedicated by 55-PM-11 to clear the proposed subdivision lots and street right of ways.

18. Prior to approval of the Final Map, improvement plans for streets, utilities, drainage facilities, survey monuments, grading, erosion control, and other required improvements shall be submitted for the City Engineer’s approval.

19. Public improvements shall conform to the latest edition of the City of Newman Improvement Standards and any modifications thereto approved by the City Engineer in place at the time of approval of this Vesting Tentative Subdivision Map. Improvements shall conform to other City adopted documents including the General Plan, Non- Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision
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Motorized Transportation Plan (NNMTP), Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

20. A soils report prepared by a California registered geotechnical engineer shall be submitted to the City Engineer as part of the improvement plans. The soils report shall include recommendations for the structural sections for streets, excavation, compaction, clearing, and grubbing requirements.

21. Prior to approval of the improvement plans unless exempt, Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Resources Control Board Order No. 2022-0057-DWQ, NPDES No. CA000002 and the City of Newman’s MS4 Phase II Permit for construction activities. The filing and approval of a SWPPP and amendments thereto shall be required for project or development of individual parcels. Prepare an Erosion Control Plan as part of the improvement plans for storm water and construction BMPs. Applicant shall provide a WDID number prior to approval of the improvement plans.

22. Prior to approval of the improvement plans unless exempt, Applicant shall prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the County of Stanislaus’s Post-construction Standards Plan and pursuant to the City of Newman’s Phase II MS4 Permit requirements.

23. Prior to approval of the improvement plans, subdivider shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081). The filing and approval of a DCP and amendments thereto shall be required for project or development of individual parcels as required by said agency.

24. Prior to the issuance of any grading and encroachment permits, Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, ordinances, and California Subdivision Map Act.

25. Prior to the issuance of a building permit, subdivider shall pay all development impact fees pursuant to the City’s municipal code, ordinances, and resolutions. The fee assessment shall include all applicable fees such as Facilities, Police, Fire Protection, Transportation, Water, Domestic Wastewater, Storm Drainage, and Parks. Fees shall be based on building permit applications for project or development of individual parcels and paid at the time of the issuance of each building permit or as required by the California Government Code.

26. Prior to the issuance of any building permits, the proposed parcels shall be annexed to the applicable assessment districts including, but not limited to, Landscape and Lighting Maintenance District and Community Facilities District for the City of Newman. At the City’s discretion, Applicant may be required to agree to form a new district for the required and applicable assessments. Applicant shall be responsible for preparing, funding and completing any District annexations or new district formation.

27. Subdivider shall construct or shall cause the construction of a perimeter CMU-block wall on the north boundary of the dedicated park and on the east boundary of the residential lots. The proposed block wall shall meet City standards per the City Engineer and City Planner.

28. Subdivider shall construct or shall cause the construction of a perimeter CMU-block wall on the south boundary of the proposed subdivision extending from the Mattos Ranch Phase 1 Subdivision to the eastern boundary of the proposed subdivision. The proposed block wall shall meet City standards per the City Engineer and City Planner. The Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision
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construction of the perimeter wall shall be required for project or development of individual parcels.

29. Applicant must address any utility connections, street improvements and dedications along State Route 33 (SR 33) as follows:

30. Any street frontage improvements required by Caltrans within their right-of-way shall conform to Caltrans Standards and shall be reviewed and approved by Caltrans and the City of Newman.

31. Any wet utility connections within the Caltrans right-of-way shall conform to City Standards and shall be reviewed and approved by Caltrans and the City of Newman.

32. The proposed street intersections with SR 33 shall be constructed as required and as approved by Caltrans and the City of Newman. Applicant shall conduct a traffic study as applicable.

33. Applicant shall cause the dedication of any street right of ways or easements for SR 33 for the subdivision street frontage improvements or future roadway expansion as required by Caltrans. Applicant shall provide restricted access along SR 33 street frontage as required by Caltrans.

34. An encroachment permit shall be obtained from Caltrans for all work within their right of way.

35. Applicant shall provide the City of Newman with copies of all plans submitted to Caltrans and a copy of the approved Caltrans encroachment permit.

36. Applicant must address irrigation improvements and dedications for Central California Irrigation District facilities as follows:

37. Underground the CCID Miller Ditch extending the limits of the proposed subdivision and underground any other existing canals/ditches traversing the project site and construct the new pipeline improvements as required and approved by Central California Irrigation District and the City of Newman.

38. Applicant shall dedicate any new easements and/or provide replacement easements for any displaced existing irrigation canals/ditches as required and approved by Central California Irrigation District.

39. Applicant shall construct all new irrigation improvements as permitted by Central California Irrigation District.

40. Applicant shall consult with Central California Irrigation District for any project requirements on the subdivision sides adjacent to any other existing irrigation canals/ditches.

41. Applicant shall provide the City of Newman with copies of all plans and related documents submitted to Central California Irrigation District.

42. Provide utility services to each lot including electric power, gas, telephone, and cable television. Construct all proposed utilities underground within the street right of ways or public utility easements.

43. Remove all utility poles along the street frontages of the proposed subdivision and underground all overhead lines including electrical, communication, and cable television.

Any existing overhead utility or electric service lines and poles traversing the proposed parcel boundaries shall be removed or relocated to acceptable easements as approved by the City and the affected utility companies.

44. Remove all existing buildings, wells, pump stations, antennas, mail boxes, and any other onsite structures/surface improvements in conflict with the project improvements or proposed lots and subdivision boundaries.

45. Construct street lighting pursuant to the City of Newman Improvement Standards and provide LED luminaires as required and approved by the City Engineer.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision
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46. Applicant shall construct all park improvements as required by the City Planner and as approved by the City of Newman.

47. The location and installation of mailboxes shall be approved by the US Postmaster and the City of Newman.

48. The names for the new subdivision streets are subject to approval by the City of Newman.

49. Applicant shall comply with all flood hazard requirements for all newly created lots pursuant to the City of Newman Floodplain Management Regulations and as approved by the City of Newman.

50. The existing and proposed rights of way and easements shown on the Tentative Map shall be preliminary until the Final Map is reviewed and approved by the City Engineer.

51. Applicant shall coordinate and obtain all other required permits and approvals as applicable from Stanislaus County, Merced County or any stakeholder agencies affected by the work.

Subdivision Public Improvements
Streets

52. Dedicate street right of ways and 10-ft public utility/pedestrian easements for all interior and collector streets within the proposed subdivision as shown on the Vesting Tentative Subdivision Map and construct street improvements pursuant to Local Street and Collector standards for the City of Newman or as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City’s Improvement Standards.

53. Construct the intersections of new streets at State Route 33 to include traffic control improvements such as signage, stop signs, pavement markings and directional lines at a minimum and as approved by the City Engineer. Provide improvements for this intersection as required to accommodate existing traffic plus project.

54. Construct street knuckles to the dimensions and curve lines as required per the City of Newman Improvement Standards.

55. Dedicate property corner cutoffs at all proposed intersections as required to accommodate curb return wheelchair ramps within the street right of way per the City’s Improvement Standards.

Water System

56. Construct water mains, fire hydrants, blowoffs, sampling stations, and service connections as necessary to serve each lot.

57. Water service connections for domestic, irrigation, and fire protection shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable. Residential water services shall be sized to meet domestic and fire protection demands and shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing as applicable. These items will be installed during the individual lot improvements and through the building permit process.

58. Construct minimum 8-inch water mains on proposed City streets and looped as needed to support the proposed development plan and approved by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the City’s Water Master Plan.

59. Connect to the existing water main stubout on Mattos Drive and extend the water line to the proposed intersection with SR 33 as shown on the Vesting Tentative Subdivision Map.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision
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60. Extend the proposed 8-inch water line along SR 33 and connect to the nearest available system connection as noted on the Vesting Tentative Subdivision Map. Applicant shall construct the water line extension within the existing Caltrans right of way or shall locate the new water line within an easement secured by the Applicant and acceptable to the City of Newman.

Sewer System

61. Construct sewer lines, lift stations, manholes, and lateral connections as necessary to serve each lot. Convey sanitary wastewater via a gravity flow system unless a lift station is required at points of connection due to topography restrictions.

62. Lateral connections shall include cleanouts, pre-treatment systems (i.e. oil/sand separator, grease trap, etc.), and backwater valves as applicable to the occupancy of each lot and determined at the building permit stage.

63. Construct minimum 8-inch sewer mains on proposed City streets unless approved otherwise by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the City’s Sewer Master Plan.

64. Connect to the existing sewer main stubout on Mattos Drive and extend the sewer line as shown on the Vesting Tentative Subdivision Map.

65. Applicant shall update the wastewater flow calculations prepared for the Matton Ranch Phase 1 Subdivision and verify there’s available capacity at the existing Prince Road Lift Station for the proposed subdivision.

Storm Drainage

66. Construct storm drain lines, manholes, drain inlets, catch basins, detention basins, outfalls, and lift stations as necessary for collecting and conveying the storm runoff for the subdivision.

67. Construct storm sewers on proposed City streets as determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the City’s Storm Drain Master Plan.

68. All runoff from City streets shall be contained within the public rights of way or easements and routed to the proposed storm drain basin.

69. Design and construct the proposed storm basin per the City’s Improvement Standards, Soils Investigation and as approved by the City Engineer and Central California Irrigation District. The basin shall be sized to handle the storm runoff from the proposed subdivision. Prepare hydraulic calculations to demonstrate to the City Engineer the existing storm drain pump station has available capacity for the proposed subdivision or expand the pump station to empty the existing and proposed basin expansion per the City’s Improvement Standards.

Development Agreement Between the City of Newman December , 2024 and George and Marlene Souza/Mattos Ranch Subdivision
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NOTARY
State of California
County of ______________
On ___________________, 20__, before me, , Notary
Public, personally appeared _____________________________, personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
__________________________________
Notary Signature
WITNESS MY HAND AND OFFICIAL SEAL.

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

City Council Meeting
of November 12, 2024
ADOPT RESOLUTION NO. 2024- , AUTHORIZING THE CITY MANAGER OR DIRECTOR OF

PUBLIC WORKS TO EXECUTE A VOLUNTARY CONTRIBUTION AGREEMENT WITH THE

VALLEY WATER COLLABORATIVE FOR SUPPORT EFFORTS RELATED TO THE NITRATE

CONTROL PROGRAM MANAGEMENT ZONE
RECOMMENDATION:

Adopt Resolution No. 2024- , Authorizing the City Manager or Director of Public Works to execute a voluntary contribution agreement with the Valley Water Collaborative for support efforts related to the Nitrate Control Program Management Zone.

BACKGROUND:

In May 2018, the Central Valley Regional Water Quality Control Board (CVRWQCB) approved new Salt and Nitrate Control Programs. The Nitrate Control Program was developed to address widespread nitrate pollution in the Central Valley. Nitrate in drinking water can reduce the blood's ability to carry oxygen, which can result in brain damage and death. Infants and pregnant women are most at risk of nitrate toxicity. Nitrate is a risk when it is above 10 parts per million (ppm) of nitrate nitrogen, which is the Primary Maximum Contaminant Level (MCL), also known as the Nitrate Drinking Water Standard.

The CVRWQCB identified areas, referred to as Priority I and Priority 2 basins, where nitrates in groundwater are more prevalent and, therefore, pose a higher risk to persons who rely on groundwater as a source of drinking water.

Priority 1 and Priority 2 basins have timelines under which Permittees, are required to implement Nitrate Control Program requirements.

The City of Newman received a Notice to Comply (NTC) as it is in a Priority 2 basin. The Nitrate Control Program NTC requires the City to choose between two compliance pathways. Pathway A would require individual permitting, including more stringent nitrate requirements to ensure that nitrate impacts will not cause a problem for drinking water users. Pathway B would require the City to form or join a Local Management Zone with other Permittees.

The Valley Water Collaborative (VWC) is a non-profit organization based in Modesto, CA which assists agriculture, cities, and industries in complying with the Nitrate Control Program (NCP) adopted by the Central Valley Regional Water Quality Control Board. The VWC program offers free domestic well testing for residences in the Modesto and Turlock groundwater basins and bottled water delivery for eligible program applicants. Beginning March 1, 2025, VWC will be expanding its program to five more groundwater basins: Delta-Mendota, Eastern San Joaquin, Madera, Merced, and Yolo.

ANALYSIS:

Joining the VWC under Pathway B provides a collaborative, locally managed, cost-effective, and flexible approach to program compliance. The City of Newman will be working closely with approximately 17 other public agencies, and other industries in the Delta-Mendota groundwater basin as part of the Valley Water Collaborative (VWC). The VWC is currently developing the CVR WQCB required Preliminary Management Zone Proposal and Early Action Plan. The VWC will submit these documents to the CVRWQCB no later than December 28, 2024. The City is required to submit an individual Notice of Intent to the CVRWQCB no later than February 26, 2025.

Joining the Valley Water Collaborative facilitates compliance with the Central Valley Regional Water Quality Control Board's Nitrate Control Program's Notice to Comply.

FISCAL IMPACT:

The contribution to the Valley Water Collaborative will be dependent on annual budget and participating agencies.

The estimated contributions for calendar years 2024 and 2025 should not exceed $3,000 per year. These contributions will be significantly lower than ifthe City were to seek an individual permitting pathway.

Agenda Item: 1 O.a.

CONCLUSION:

The City ofNewman needs to choose Pathway A or B for compliance with the Nitrate Control Program. The Valley Water Collaborative will allow for the City to comply with the Nitrate Control Program Pathway B, and do so at a fraction of the cost of the individual permitting Pathway A.

Therefore, staff recommends that the City Council adopt Resolution No. 2024- , Authorizing the City Manager or Director of Public Works to execute a voluntary contribution agreement with the Valley Water Collaborative for support efforts related to the Nitrate Control Program Management Zone.

ATTACHMENTS:

1. Resolution No. 2024- , Authorizing the City Manager or Director of Public Works to execute a voluntary contribution agreement with the Valley Water Collaborative for support efforts related to the Nitrate Control Program Management Zone.

2. Nitrate Control Program Notice to Comply

3. Valley Water Collaborative Contribution Agreement
Re~
T6omas Spankowski
Director of Public Works
REVIEWED/CONCUR:

Michael E. Holland
City Manager
RESOLUTION NO. 2024-

A RESOLUTION AUTHORIZING THE CITY MANAGER OR DIRECTOR OF PUBLIC

WORKS TO EXECUTE A VOLUNTARY CONTRIBUTION AGREEMENT WITH THE

VALLEY WATER COLLABORATIVE FOR SUPPORT EFFORTS RELATED TO THE

NITRATE CONTROL PROGRAM MANAGEMENT ZONE
WHEREAS, the City ofNewman is required to comply with the Central Valley Regional Water Quality Control Board Nitrate Control Program; and
WHEREAS, a voluntary contribution agreement from the City of Newman must be submitted with authorization from the City Council; and
WHEREAS, the City will contribute funds to the Valley Water Collaborative as a member; and WHEREAS, the contribution amount will total approximately $3,000 per year; and WHEREAS, the City of Newman wishes to delegate authorization to execute these agreements or any amendments thereto; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newman, authorizing the City Manager or Director of Public Works to execute all voluntary contribution agreements and any amendments thereto with the with the Valley Water Collaborative.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th, day of November, 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 ofNewman,
County of Stanislaus, State of California
Water Boards
Central Valley Regional Water Quality Control Board
December 29, 2023
City of Newman
PO Box 787
Newman, CA 95360
Certified Mail: 9589 0710 5270 1318 5194 96
Non-·15 2184

NITRATE CONTROL PROGRAM NOTICE TO COMPLY
PERMITTEES IN PRIORITY 2 BASINS
This letter contains legal requirements that must be followed. Failure to respond may result in enforcement action(s) being taken against you.

You are receiving this Notice to Comply because you operate the following one or more facilities:

City of Newman Wastewater Treatment
Facmty
2600 Hill Ferry Road
Newman, CA 95360
Facility/Place ID: 244250
Order Number: R5-2018-0024
Priority 2 Basin: DELTA-MENDOTA
CV-SAL TS ID: 2320
Cnty of Newman Wastewater Treatment
Facmty
2600 Hill Ferry Road
Newman, CA 95360
Facility/Place ID: 244250
Order Number: R5-2018-0024
Priority 2 Basin: DEL TA-MENDOTA
CV-SALTS ID: 2319
M AiRK B RAnro:Ro, caiA~:R I P ATR ICK Prn u:PA, :E: sQ. , rxrcunvr oFncrn I Nitrate Control Program I
This Page Intentionally Left Blank
2 Nitrate Control Program
This Notice to Comply (NTC) requires that you choose one of two nitrate compliance options, or "pathways," established by new regulations. Regardless of which compliance option you choose, your permit requirements will change. If the address or ownership information on the first page is incorrect, please contact the Central Valley Water Board (Board) so that we may correct our records. If you have questions or believe that you should be exempt from this NTC, please contact us by telephone, email, or mail. Our contact information is at the end of the letter.

Background
In May 2018, the Board approved new Salt and Nitrate Control Programs. The Nitrate Control Program was developed to address widespread nitrate pollution in the Central Valley. Nitrate in drinking water can reduce the blood's ability to carry oxygen, which can result in brain damage and death. Infants and pregnant women are most at risk of nitrate toxicity. Nitrate is a risk when it is above 1 O parts per million (ppm) of nitrate nitrogen, which is the Primary Maximum Contaminant Level (MCL), also known as the nitrate drinking water standard.

The Board identified areas, referred to as Priority 1 and Priority 2 basins, where nitrates in groundwater are more prevalent and therefore pose a higher risk to persons who rely on groundwater as a source of drinking water. Priority 1 and Priority 2 basins have timelines under which permittees, such as you, are required to implement Nitrate Control Program requirements. You are receiving this NTC because you are located in a Priority 2 basin for the Nitrate Control Program. See Attachment 1 for a map of priority groundwater basins/sub-basins.

This Nitrate Control Program NTC requires that you choose between two compliance pathways:

Pathway A: New individual permitting options. The Board will set more stringent nitrate requirements in your permit to ensure that nitrate impacts will not cause a problem for drinking water users.

Pathway B: Form or join a Local Management Zone with other Permittees. A Management Zone is an association of permittees that work together to reduce nitrate loading and to provide replacement drinking water to communities and individuals whose wells are impacted by nitrates.

Pathway A offers several individual permitting options, all of which set stringent nitrate requirements on all dischargers that have nitrates in their wastewater. The Board expects that, for many permittees, Pathway A will require significant upgrades, extensive monitoring, and a rigorous technical justification that wastewater will not result in any exceedances of the nitrate standard over a 20-year planning horizon. Pathway B is a new permitting approach that allows multiple permittees to form or join in a Management Zone in order to comply with the Nitrate Control Program. Pathway B 3 Nitrate Control ram
provides a collaborative, locally managed, cost-effective and flexible approach to program compliance.

In order to make an informed decision and meet critical program deadlines, it is important that you take action now.

Step 1 - Before You Decide on a Pathway
Before you decide on a permitting pathway, the Board recommends that you visit the website https://www.cvsalinity.org/nitrate-program/for-permittees/ for more information on the Nitrate Control Program, including:

1. Nitrate Control Program requirements and timelines

2. Conducting an initial assessment (individually or collectively with other permittees) of your discharges and nearby groundwater conditions

3. Forming or participating in a Management Zone in your area

4. Requirements and templates for deliverables (e.g. Early Action Plans, Management Zone Proposals and Alternative Compliance Project proposals)

5. Answers to Frequently Asked Questions
The Central Valley Salinity Coalition will host a webinar on the Nitrate Control Program requirements on February 29, 2024 from 9:00 a.m. to 12:00 p.m. More information on the webinar can be found at https://www.cvsalinity.org/nitrate-program/for-permittees/.

The website will be updated regularly, so be sure to check back frequently for the latest information. Questions and information requests can also be made by sending an email to: [email protected].

A full copy of the Salt and Nitrate Control Program Basin Plan language can be found at:
https://www.waterboards.ca.gov/centralvalley/board decisions/adopted orders/resolutio ns/r5-2020-0057 res.pdf
Step 2 - Make a Pathway Choice and Begin Meeting Program Requirements

IF YOU CHOOSE PATHWAY A
General Requirements for Pathway A (Individual Approach) are as follows:

1. Assess your nitrate impacts to shallow groundwater.

2. Prepare a Nitrate Assessment Report that categorizes the impact of your discharge over a 20-year horizon. There are five categories for permittees choosing to comply under Pathway A.
4 Nitrate Control Program

3. Complete the Notice of Intent (NOi) that indicates your election of Pathway A.

An electronic fillable PDF version of the NOi is available at:
https://www.waterboards.ca.gov/cvsalts/forms temps guide/nitrate noi form. pdf. A hardcopy can be sent to you by sending a request to cvsa lts@wate rboa rd s. ca.gov.

4. Prepare an Early Action Plan (EAP) that will provide affected residents interim drinking water solutions where drinking water exceeds nitrate water quality objectives.

5. If a discharger is in Category 4 or 5, develop a proposed Alternative Compliance Project (ACP) as an additional condition. Any proposed Alternative Compliance Project must be in addition to activities that a permittee would implement to achieve their individual discharges full compliance with the nitrate water quality objective. An example ACP could include connecting septic systems to a wastewater treatment plant.

6. Submit your NOi and Nitrate Assessment Report to the Central Valley Water Board no later than February 26, 2025. Permittees that are required to complete an EAP and/or ACP proposal must also submit these documents with the NOi.

7. Obtain Central Valley Water Board evaluation and approval.

8. Initiate EAP (if applicable) within 60 days following submittal of the plan, unless otherwise directed by the Central Valley Water Board.

More information on the Pathway A requirements can be found in the Pathway A guidance document:
https://www.waterboards.ca.gov/cvsalts/forms temps guide/nitrate guidance.pdf

IF YOU CHOOSE PATHWAY B
General Requirements for Pathway B (Management Zones) are as follows:

1. Permittees in a Management Zone work collectively to develop a Preliminary Management Zone Proposal and Early Action Plan (if applicable). The Early Action Plan must describe how the Management Zone entity will provide affected residents interim drinking water solutions where drinking water exceeds nitrate water quality objectives. Management Zone submits these documents to the Central Valley Water Board no later than December 28, 2024.

2. Management Zone initiates EAP within 60 days following submittal of the plan, unless otherwise directed by the Central Valley Water Board. 5 N'trate Control Program

3. Permittees submit an individual NOi that indicates their selection of Pathway B to the Central Valley Water Board no later than February 26, 2025.

An electronic fillable PDF version of the NOi is available at:
https://www.waterboards.ca.gov/cvsalts/forms temps guide/nitrate noi form J2Qf. A hardcopy can be sent to you by sending a request to [email protected].

4. Permittees working together as a Management Zone develop and submit a Final Management Zone Proposal, 180 days after Central Valley Water Board's review of the preliminary proposal.

5. Permittees working together as a Management Zone develop and submit a Management Zone Implementation Plan, 6 months after the Final Management Zone Proposal is accepted by the Executive Officer of the Central Valley Water Board.

Document submissions can be sent via email to [email protected] or by mail to:

Central Valley Water Board
CV-SAL TS Program
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
The Central Valley Water Board recommends that the documentation be submitted in electronic format to the email or as a CD mailed to the address above. If you choose to submit documentation as a CD or hardcopy, USPS Certified Mail is the preferred mailing method to ensure receipt of delivery by the Central Valley Water Board.

This NTC requires your response under Water Code section 13260. If you do not respond to this request with the materials specified above by February 26, 2025, you may be subject to enforcement actions, including actions under Water Code section 13261, which authorizes the Board to impose liability of up to $1,000 per day for failure to submit a report. After February 26, 2025, discharges of nitrate are prohibited unless the permittee is implementing the Nitrate Control Program through either Pathway A (Individual Approach) or Pathway B (Management Zone Approach).

For general information about the Central Valley Water Board's Salt and Nitrate Control Program, please visit: https://www.waterboards.ca.gov/cvsalts/.

If you have any further questions about what is required of you, please email [email protected] or call (916) 464-4675.
6 Nitrate Control Pro ram
~~ Patrick Pulupa
Executive Officer
Enclosure: Attachment 1: Priority Groundwater Basins/Sub-basins Para obtener una version traducida de este documento, envie un correo electr6nico a [email protected]. (Spanish)
YD~*3tf31~~1.~K& · i~~~ffiB14=~ [email protected]. (Chinese) f)e nh~n phien ban djch cua tai lieu nay, vui long gll'i email d~n [email protected]. (Vietnamese)
Yog koj xav tau daim ntaub ntawv no txhais ua lus Hmoob, thov xa email rau [email protected]. (Hmong)
~ €H3 1€B ~1..ftrm ~~, ~ ~~ ~ lB ~°Et-~~
[email protected]. (Punjabi)
To obtain a translated version of this document in a language other than what is provided above, please email [email protected]. 7 Nitrate Control Program
Attachment 1: Priority Groundwater Basins/Sub-basins
8 VALLEY WATER COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT TO

SUPPORT EFFORTS RELATED TO WELL TESTING, REPLACEMENT WATER AND GROUNDWATER

IMPROVEMENTS IN THE MODESTO, TURLOCK, DELTA-MENDOTA, EASTERN SAN JOAQUIN,

MERCED AND MADERA GROUNDWATER BASIN/SUB-BASIN AS IDENTIFIED IN THE WATER

QUALITY CONTROL PLAN FOR THE SACRAMENTO AND SAN JOAQUIN RIVER BASINS This Voluntary Contribution Agreement (this "Agreement") is entered into this __ day of , 20 __ (the "Effective Date"), by and between the VALLEY WATER COLLABORATIVE, a California nonprofit public benefit corporation (hereafter "VWC") and -----------------' (hereafter "Contributor") (referred to individually as "Party" or collectively "Parties).

BACKGROUND

1. On May 31, 2018, the Central Valley Reg.ional Water Quality Control Board (Central Valley Water Board) adopted amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to incorporate a Central Valley-Wide Salt and Nitrate Control Program (Basin Plan Amendments). The Basin Plan Amendments were approved by the State Water Resources Control Board (State Water Board) on October 16, 2019, and the Office of Administrative Law on January 15, 2020.

Parts of the Basin Plan Amendments became effective upon Office of Administrative Law approval. Other parts became effective after receiving approval from the United States Environmental Protection Agency.

2. The Basin Plan Amendments include the program to regulate nitrate discharges to groundwater (Nitrate Control Program). The Nitrate Control Program became effective on or about January 15, 2020.

3. The Nitrate Control Program applies to all discharges of nitrate to groundwater basins that are designated with the municipal and domestic supply (MUN) beneficial use. Application of the Nitrate Control Program to discharges that are subject to Central Valley Water Board authority is being implemented based on priorities set forth in the Basin Plan Amendments.

4. The Nitrate Control Program, as adopted by the Central Valley Water Board, identifies the following six Priority 1 groundwater basins/sub-basins: Kaweah, Turlock, Chowchilla, Tule, Modesto, and Kings; the following Priority 2 groundwater basins/subbasins: Yolo, Eastern San Joaquin, Delta-Mendota, Merced, Madera, Tulare Lake, Kern County (Westside South), and Kern County (Poso); and designates the remaining areas as non-prioritized areas. 1 Compliance with the Nitrate Control Program is triggered by the issuance of a Notice to Comply from the Central Valley Water Board to permittees that discharge nitrate to 1 The groundwater basins/subbasins names and boundaries identified in this Agreement are from the Department of Water Resources Bulletin 118 as it existed in 2014 and as incorporated into the Basin Plan. groundwater. Upon receipt of the Notice to Comply, permitted dischargers need to select one of two pathways for complying with the Nitrate Control Program.

5. The Notice to Comply, as set forth in the Basin Plan Amendments, requires those that are permitted by the Central Valley Water Board to either meet the new requirements through an individual permitting approach (Pathway A) or voluntarily work with other permittees as a Management Zone (Pathway B).

6. Voluntary participation in a Management Zone is considered by the Central Valley Water Board to be an alternative compliance pathway to traditional permitting approaches and includes incentives that allow those voluntarily selecting Pathway B significant additional time to comply with the Nitrate Control Program.

7. Irrigated agriculture is permitted to discharge nitrate through the issuance of General Waste Discharge Requirements that apply to Members of Third Party Groups and recognized Third Party Groups (Ag Coalitions) receive the Notice to Comply for growers that are Members of that Third Party Group. As directed in the General Waste Discharge Requirements issued by the Central Valley Water Board, Ag Coalitions select the compliance approach (i.e., pathway) for its Members to comply with the Nitrate Control Program.

8. The Central Valley Dairy Representative Monitoring Program (CVDRMP) conducts monitoring on behalf of its dairy and bovine members and assists them with compliance with the Central Valley Water Board's Nitrate Control Program. The CVDRMP selects the compliance approach (i.e., pathway) for its Members for complying with the Central Valley Water Board's Nitrate Control Program.

9. On May 30, 2020, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the six identified Priority 1 basins.

10. On December 29, 2023, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the eight identified Priority 2 basins.

11. Permitted dischargers of nitrate need to inform the Central Valley Water Board of their decision to either elect Pathway A or Pathway B. For Members of Ag Coalitions, the Ag Coalition informs the Central Valley Water Board of its choice on behalf of its Members.

For Members of the CVDRMP, the CVDRMP informs the Central Valley Water Board of its choice for its Members located in the relevant groundwater basin/subbasin and their selection of Pathway B by virtue of participation in the CVDRMP.

12. A Management Zone is defined to mean "[a] discrete and generally hydrologically contiguous area for which permitted discharger(s) participating in the Management Zone collectively work to meet the goals of the SNMP and for which regulatory compliance is evaluated based on the permittees collective impact, including any alternative compliance 2 programs, on a defined portion of the aquifer. Where Management Zones cross groundwater basin or sub-basin boundaries, regulatory compliance is assessed separately for each basin or sub-basin. Management Zones must be approved by the Central Valley Water Board."

13. For those permitted dischargers that received the May 30, 2020 Notice to Comply and selected Pathway B, the time to submit Preliminary Management Zone Proposals and Early Action Plans, Final Management Zone Proposals and Management Zone Implementation Plans occurred between March 2021 and September 2023, and all documents were submitted timely.

14. For those permitted dischargers that received the December 29, 2023, Notice to Comply and voluntarily decide to participate in a Management Zone, which includes Ag Coalition and CVDRMP representatives on behalf of their Members, a Preliminary Management Zone Proposal and Early Action Plan must be submitted to the Central Valley Water Board no later than December 28, 2024.

14. Permitted dischargers voluntarily working together as a Management Zone are responsible for developing and submitting a Final Management Zone Proposal within 180 days after Central Valley Water Board review of the preliminary proposal.

15. Six months after the Central Valley Water Board's Executive Officer accepts the Final Management Zone Proposal, the permittees, working voluntarily and collaboratively as a Management Zone, are responsible for developing and submitting a Management Zone Implementation Plan to the Central Valley Water Board.

16. Central components of the Central Valley Water Board's Pathway B alternative compliance approach include the need for permittees to be responsible for a program that tests domestic drinking water wells, provide access to safe drinking water when a drinking water well exceeds the nitrate drinking water standard of 10 mg/Land identify long-term drinking water solutions.

17. The Valley Water Collaborative (VWC) is a nonprofit public benefit corporation created to maintain and improve the quality of life within the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced and Madera groundwater basins/subbasins (collectively referred to hereafter as the Region) located within the Central Valley by providing groundwater testing and free drinking water to residents in the Region who are impacted by nitrate contamination. The VWC also seeks to improve quality of life in the Region by identifying long-term drinking water needs for those in the Region that are impacted by nitrate contamination.

18. The Central Valley Water Board, at its sole discretion, may determine that permittees voluntarily contributing to the VWC's efforts to improve quality of life in the Region otherwise satisfies a permittees responsibilities and obligations under Pathway B of the Nitrate Control Program.
3 TERMS OF VOLUNARY CONTRIBUTION AGREEMENT
The Parties agree as follows:

1. Contributor has voluntarily determined, on its own accord, to voluntarily participate and contribute to VWC's program to improve quality of life in the Region.

2. As part of its efforts to improve quality of life in the Region, VWC agrees to make publicly available final reports and plans and data relied on for final reports and plans, except as limited by paragraph 12 of this Agreement, so that the Contributor may use such information to meet its responsibilities and obligations under the Nitrate Control Program and as directed by the Central Valley Water Board.

3. Contributor understands that the Contributors' contributions will be used to support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC's efforts to provide access to safe drinking water for residents, and by engaging in activities with the goal of protecting or enhancing the quality of groundwater used as drinking water for residents in the region.

4. VWC agrees that VWC's Board of Directors will include contributors from all of the groundwater basins/subbasins in the Region and that each groundwater basin/subbasin in the Region will have at least one director position on the VWC Board of Directors. VWC agrees that all other director positions, i.e., those not specifically designated for each groundwater basin/subbasin, may be filled by any Contributor from any of the groundwater basin/subbasins that are within VWC's Region.

5. VWC agrees that to ensure that VWC fulfills its mission throughout the Region that it will form and administer subcommittees of the Board of Directors for each groundwater basin/subbasin. The groundwater basin/subbasin specific subcommittees will be comprised of Contributors or a representative of Contributors (e.g., irrigated agriculture through Ag Coalition representatives and dairies through CVDRMP representatives) that have agreed to contribute to the VWC to help support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC's efforts to provide access to safe drinking water for residents. The subcommittees may make recommendations to the VWC Board of Directors with respect to matters and activities that apply in whole or part to the subcommittee's groundwater basin/subbasin of concern.

6. Contributor will be notified annually of its requested financial contribution to support VWC's efforts to improve quality of life in the Region.

7. The Parties agree to cooperate in seeking alternative funding sources for development and implementation of the program and the implementation thereof. 4 8. Contributor understands that compliance with the Nitrate Control Program is determined by the Central Valley Water Board and the Central Valley Water Board may assess compliance separately for each groundwater basin/subbasin that is in the Region.

9. As part of its program, the VWC will make available to the public, including the Central Valley Water Board, its final plans, reports, and any data relied on to develop final plans and reports, except as otherwise limited by paragraph 16 of this Agreement.

10. Contributor may terminate this Agreement at any time upon giving a minimum of thirty (30) days' express written notification to the VWC. Any contributions made to VWC by a withdrawing Contributor prior to giving notice of withdrawal belong to the VWC as a public, nonprofit benefit corporation and are not reimbursable by VWC to the withdrawing Contributor.

11. Contributor understands that, upon request by the Central Valley Water Board, VWC will convey to the Central Valley Water Board those contributors that support VWC's program and the identification of any former contributors that no longer support VWC's program.

12. The Parties shall indemnify, defend, and hold harmless the other Party, its officers, directors, members, managers, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party arising out of or occurring in connection with a Party's negligence, willful misconduct, or breach of this Agreement.

13. The Parties acknowledge that by contributing to VWC and supporting VWC's programs, the parties make no representations or admissions whatsoever with respect to nitrate levels and possible contamination in groundwater that may exist within the Region.

14. The Parties, along with other VWC contributors, agree to work cooperatively to develop and implement VWC's mission to improve quality of life in the Region and shall not use information obtained through the development and implementation of VWC's mission to cause material harm the other Party to this Agreement or other contributors to the VWC.

15. To the extent allowed by applicable law and State Water Board Order WQ 2018-0002, if VWC receives or obtains access to certain confidential information associated with Groundwater Protection Formula, Value and Target information, and Irrigation and Nitrogen Summary Report Data from irrigated agricultural coalitions subject to relevant General Waste Discharge Requirements to assist in development of VWC's program, VWC will take all reasonable steps to maintain confidentiality of such data and information. 5 16. The Agreement shall be interpreted and enforced pursuant to the laws of the State of California. It is agreed that in the event of any litigation arising hereunder, the Parties hereto shall submit to the jurisdiction of any court of competent jurisdiction within the State of California, County of Stanislaus.

17. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. If any provision of the Agreement is found invalid or unenforceable, the balance of the Agreement shall remain in full force and effect.

19. The Agreement may be executed in counterparts with the same force and effect as if executed in one complete document by all Parties.

20. This Agreement contains the entire agreement between the Parties with respect to the matters set forth in it. Any modifications, revisions, or changes to this Agreement must be made in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date set forth above.

VALLEY WATER COLLABORATIVE
By: ____________ _
Signature of VWC Board Chair
Print name of VWC Board Chair

CONTRIBUTOR
Entity Name: __________ _ Date: -------~
By: ____________ _
Signature of Contributor authorized representative
Print name of Contributor authorized representative
6 Entity Information
Entity Name:

Mailing Address:

Physical Address:

Subbasin(s) for which D Modesto
this Agreement Applies: D Turlock
D Merced
D Eastern San Joaquin
D Delta-Mendota
D Madera
CV Salts ID Number(s):
{This ID number is assigned
by the Regional Water Board.

It can be found on your
Notice to Com12I~ )
Primary Entity Contact
Name:

Phone:

Email:

Request for Contribution Statement Contact
Should the individual YES D NOD
above receive the VWC
Request for Contribution If "NO" please include the contact information for the individual, below.

Statement?
Name:

Phone:

Email:
7

Newman City CouncilNovember 12, 2024

Newman City Council
November 12, 2024