City of Patterson Page 1 Updated 10/29/2025
Agenda
City of Patterson
City Council Regular Meeting
November 4, 2025
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
PUBLIC MEETING GUIDELINES
City of Patterson City Council meetings are conducted in person at City Hall Council Chambers. As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing and translating technology will be uninterrupted, and technical difficulties may occur from time to time.
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Para acceder a la traducción escrita durante la reunión, escanee el código QR o haga clic en este enlace:
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Choose Language and Click Attend / Elija el idioma y haga clic en Asistir Use a headset on your phone for audio or read the transcript on your device.
Use audífonos en su teléfono para audio o lea la transcripción en su dispositivo.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895- 8012. Notification 48 hours prior to the meeting will enable the City to make City of Patterson Page 2 Updated 10/29/2025
reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-
35.104 ADA Title II]
The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.pattersonca.gov us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected] If you wish to be notified of future City Council Meetings, please visit our web site www.pattersonca.gov us go to Popular Links “City Council Agendas” and Subscribe to “RSS”
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
4. Certificates of Achievement
5. Items from the Public
Any member of the audience who wishes to address the Council on a matter not listed on the agenda may do so by raising your hand and stepping to the podium. If you are joining the meeting through Zoom, please use the 'Raise Hand' feature. If you are calling in by phone, you may press 9 when the Mayor announces the item. Council will take no action other than referring the item to staff for study and analysis and may place the item on a future agenda (Resolution 92-25) In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of three (3) minutes unless the Mayor grants a longer period of time (Resolution 2025-11)
Please State Your Name and City for the Record
6. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.
6.1. Motion to Waive Readings – All Reading of Ordinances and Resolutions, Except by Title are hereby waived.
6.2. Approve October 21, 2025 Closed Session Meeting Minutes and Regular Session Meeting Minutes.
6.3. Approve Resolution No. 2025-62 Adopting the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement
6.4. Approve Resolution No. 2025-63 Adopting the Delta-Mendota Subbasin Domestic Well Mitigation Policy
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6.5. Approval of Surplus City Vehicles FY 2025/2026
6.6. Approve Second Reading and Adoption of Ordinance No. 869 Reading by Title Only, Waving Further Readings, an Ordinance of the City Council of the City of Patterson amending Sections 2.40.030, 2.48.030, and 2.50.040 of the Patterson Municipal Code to Exclude City Employees and Staff from Serving on Committees and Commissions.
6.7. Adopt Resolution 2025-61 Approving the Settlement Agreement Between the City of Patterson and VOP North LLC for Reimbursement of the Mejia Property Public Improvements in the Villages of Patterson Development.
7. Public Hearing
7.1. Consider the Appeal of the Planning Commission’s denial of Conditional Use Permit for Platinum Motor Sports and take one of the following actions:
Approve Resolution No. 2025-64 Approve the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue. -ORApprove Resolution No. 2025-65 Denying the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue.
Staff Report: Bryan Stice, Community Development Director Mayor: Open/Close Item to Public Hearing
Council Consider the Appeal of the Planning Commission’s denial of Conditional Use Permit for Platinum Motor Sports and take one of the following actions:
Approve Resolution No. 2025-64 Approve the appeal of
Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue.
-ORApprove Resolution No. 2025-65 Denying the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue.
8. City Council Items
A. Councilmember Hernandez
A.1. Stanislaus Homeless Alliance (Councilmember Mora alternate) A.2. Stanislaus County Hazardous Waste Advisory Committee (Councilmember Mora alternate)
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B. Councilmember Romero
B.3. San Joaquin Valley Air Pollution Control District (Mayor Pro Tem Roque alternate)
C. Councilmember Mora
C.1. Workforce Development Board (Mayor Pro Tem Roque alternate) D. Mayor Pro Tem Roque
D.1. (EDAC) Stanislaus County Economic Development Action Committee (Councilmember Romero alternate)
E. Mayor Clauzel
E.1. Stanislaus County Mayor's Meeting
E.2. StanCOG (Mayor Pro Tem Roque alternate)
E.3. League of California Cities (Mayor Pro Tem Roque 1st alternate, Councilmember Romero 2nd alternate)
9. Other Matters
10. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on 10/30/2025.
The Agenda is also posted for public view on the Bulletin Boards of the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.pattersonca.gov Dated this 10/30/2025.
/s/ Aracely Alegre, CMC
CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: November 4, 2025
ITEM NO: 2
SUBJECT: Approve October 21, 2025 Closed Session Meeting Minutes and Regular Session Meeting Minutes.
RECOMMENDATION
Motion to Approve October 21, 2025 Closed Session Meeting Minutes and Regular Session Meeting Minutes.
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City of Patterson
Special Meeting/Closed Session Minutes
October 21, 2025
City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White
www.pattersonca.gov
Mayor
Michael Clauzel
City Council
Gabriela Hernandez, District A
Jessica Romero, District B
Kendra Mora, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendance Attendee Name, Title
Present Gabriela Hernandez, Councilmember District A
Jessica Romero, Councilmember District B
Kendra Mora, Councilmember District C
Carlos Roque, Councilmember District D
Michael Clauzel, Mayor
Absent None
The special (closed session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers at 6:00 p.m. by Mayor Clauzel.
City Staff Present:
City Manager Ulloa
Assistant City Manager Willett
Director of Human Resources Guillory-Jones
a. Conference with Labor Negotiator per Government Code Section 54957.6 Agency Negotiator: City Manager Ulloa, Human Resources Director GuilloryJones,. Employee Organization Patterson Fire Fighters Association IAFF Local 4577.
b. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9(d)(1)) City of Patterson v. Western Hills Water District, et. al (Stanislaus County Superior Court Case No. CV-23-005834
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c. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9) Name of Case: (Building Industry Association of the Greater Valley, et al. v. City of Patterson, et al., Stanislaus County Superior Court, Case No.: CV-24-010405) d. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9) Name of Case: (Keystone Ranch, LLC v. City of Patterson, et al., Stanislaus Superior Court Case No. CV-24-003269)
2. Statements of Conflict
Councilmember Hernandez recused herself from item c, conference with legal counsel regarding the Building Industry Association case.
3. Items from the Public
None.
4. Adjourn to Closed Session
At 6:02 p.m. there being no items from the public, the Patterson City Council adjourned to closed session.
5. Report from Closed Session (if any)
At 7:00 p.m., Mayor Clauzel announced that staff received direction on Item Nos. 1a through 1d.
6. Adjournment
There being no further business, the special (Closed Session) meeting of the City Council of the City of Patterson of October 21, 2025 was adjourned at 7:00 p.m.
Approved by the Patterson City Council on (date pending).
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City of Patterson
Regular Meeting Minutes
October 21, 2025
City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White
www.pattersonca.gov
Mayor
Michael Clauzel
City Council
Gabriela Hernandez, District A
Jessica Romero, District B
Kendra Mora, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendance Attendee Name, Title
Present Gabriela Hernandez, Councilmember District A
Jessica Romero, Councilmember District B
Kendra Mora, Councilmember District C
Carlos Roque, Councilmember District D
Michael Clauzel, Mayor
Absent None
The Regular Meeting of the City Council of the City of Patterson was called to order in the City of Patterson, Council Chambers at 7:04 p.m. by Mayor Clauzel.
City Staff Present:
City Manager Ulloa
Assistant City Manager Willett
City Attorney Goldstein
Fire Chief Frye
Finance Director Williams
Recreation & Community Services Director Weaver
Director of Engineering, Building & Capital Projects Rodriguez IT Support Technician II Valenzuela
Interim Public Works Director Barrera
Director of Human Resources Guillory-Jones
Police Chief Casey
City Clerk Alegre
Mayor Clauzel delivered a tribute to former Mayor Luis Ismael Molina, who passed away on October 4, 2025. Mayor Clauzel highlighted Molina's service as Mayor of Patterson from 2010 to 2016 and on the Stanislaus County Board of Education from 2005 to 2013, as well as his
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involvement in numerous community organizations. A moment of silence was observed in his honor.
2. Pledge of Allegiance
3. Statements of Conflict
None.
4. Items from the Public
Dennis Booher, a Patterson resident and former city attorney for multiple cities, expressed concerns about the cost of legal services, noting the $285,000 request for one month of legal advice submitted by the contract city attorney. He questioned the structural problem with how the city obtains legal advice, citing potential conflicts when the same attorney provides legal advice and also represents the city when a complaint is filed. Mr. Booher requested that the City Council review the cost of legal advice within 60 days.
Maria Gabriel and Natalie Garcia, residents of Walnut Avenue, expressed concerns about street safety on Walnut Avenue and Hartley Street, particularly citing multiple incidents where children and pets had been hit by speeding vehicles. They requested speed bumps and additional safety measures on Walnut between Logan and Sycamore, and Hartley from Las Palmas to Walnut Grove. Natalie Garcia added that more lighting is needed in these areas as it is very dark at night.
Mayor Pro Tem Carlos Roque responded that the Council had previously looked into speed bumps and would revisit the issue. He offered to share his contact information to further discuss this matter.
Police Chief Casey Hill validated these concerns, noting an uptick in vehicle versus pedestrian incidents. He detailed enforcement actions including 78 citations issued during a recent 4-hour period focused on school zones, with 29 for speeding and 15 for distracted driving. Chief Hill also mentioned deploying speed trailers to monitor traffic patterns, with priority for Walnut and Hartley.
Nick Jamieson, President of Local 4577 representing Patterson firefighters, discussed ongoing contract negotiations. He reported filing four grievances against the administration that were settled in the union's favor, and explained that the union's only request in current negotiations is binding arbitration for grievances and discipline. Mr. Jamieson cited ongoing issues with the Fire Chief, including two votes of no confidence, and expressed concerns about potential retaliation.
George Maroudas, Fire Captain, explained that after more than 100 days without a contract, the union is only asking for binding arbitration, which he characterized as fair, impartial, and beneficial to all parties.
Marty Grunke, Fire Captain and lifelong Patterson resident, emphasized that binding arbitration is not a budget issue but a fairness issue that keeps the system honest. He expressed concerns
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about retaliation for speaking up against the Fire Chief and noted declining morale and firefighters seeking employment elsewhere.
Amy Portali, union representative for AFSCME Local 10, expressed solidarity with the firefighters, noting they are requesting the same binding arbitration language. She stated the city's negotiator told them not to bring amended proposals back to the Council and invited Council members to meet with their negotiation team.
Deborah Novelli, former Mayor, spoke about labor instability and protracted negotiations being a drain on city resources. She encouraged binding arbitration to provide impartial decisions and allow both leadership and staff to refocus on public service.
Victor Chavez, labor organizer and Patterson resident, shared how firefighters saved his father's life during a medical emergency, emphasizing that union contracts mean dignity for members, families, and neighbors.
The City Council discussed the issue of binding arbitration during labor negotiations.
Councilmember Romero expressed opposition to binding arbitration, citing fiscal and accountability concerns.
Councilmembers Mora and Hernandez expressed support for continuing discussions toward a fair resolution with employee groups.
Mayor Pro Tem Roque encouraged collaboration and mutual understanding among all parties.
Mayor Clauzel emphasized transparency, fiscal responsibility, and continued good faith negotiations with bargaining groups.
No formal action was taken.
5. Consent Calendar
Councilmember Mora, District C motions to approve. The motion was seconded by Councilmember Roque, District D and Approved by a 5-0 roll call vote.
RESULT: Approved
MOVER: Mora
SECONDER Roque
AYES: 5 Hernandez, Romero, Mora, Roque, Clauzel
NAYS: 0 None
RECUSED: 0 None
EXCUSED: 0 None
5.1. Motion to Waive Readings – All Reading of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve September 16, 2025 Closed Session Meeting Minutes and Regular Session Meeting Minutes.
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5.3. Approve City Department Reports for the Month of July through September 2025 (Finance, Public Works, Fire, Engineering and Recreation & Community Services).
5.4. Approve City Commission Reports for the Month of September 2025 (Parks Recreation & Beautification Commission and Senior Commission).
5.5. Accept grant funds in the amount of $208,974.54 for Paramedic Training, from Homeland Security through an AFG grant and Authorize the Finance Department to make the necessary budget adjustments for Fiscal Year 2025-2026.
5.6. Motion to Approve street closure and city sponsorship for Patterson Christmas Festival events on Saturday, December 6, 2025 and request for support and city funding.
5.7. Approval of Surplus City Vehicles FY 2025/2026
5.8. Motion to Approve the four-year municipal lease-purchase of a new 2024 Case CE 580SV backhoe (Equipment #19 replacement) and authorize the Finance Department to make necessary budget adjustments to the Water Enterprise Fund to support lease payments.
5.9. Approve Lease Proposals for Two Street Sweepers (5-Year Leases) and Authorization for Finance Department to Make Budget Adjustments to FY.
5.10. Approve $80,000 appropriation from CFD No. 2018-02 for the purchase of a Public Works utility truck to support maintenance of Baldwin Ranch accepted areas, and authorization for the Finance Department to make the necessary budget adjustments.
5.11. Approve Resolution No. 2025-57 approving the Apricot Veterinary Hospital Projects, Landscaping, Stormwater Treatment Devices, Low Impact Development Structures, Access and Maintenance Agreement, Authorizing the City Manager or his Designee to Execute the Agreement, and Authorizing the City Clerk to Record the Agreement.
5.12. Approve Request for road closure of Poppy Avenue along the frontage of the Apple Storage construction site, between Marisa Drive and State Highway 33, for a duration of no more than five (5) days. Dates of closure to be determined, contingent on Caltrans permitting.
5.13. Approve Resolution No. 2025-58 Accepting the Public Improvements for the Popeye’s Restaurant Project as Complete; Authorizing the City Clerk to File the Notice of Completion, and Commence the One-Year Warranty.
5.14. Approve Resolution No. 2025-59 Accepting the Public Improvements for the S. Rogers Road Extension Phase 2 project as Complete; Authorizing the City Clerk to File the Notice of Completion; and Begin the One-Year Warranty.
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5.15. Intent to Reimburse Expenditures Relating to the Water Line Replacement Connection with the Old Water Office Restaurant.
5.16. Approve Second Reading and Adoption of Ordinance No. 884, Amending Section
2.48.040 of Chapter 2.48 of the Patterson Municipal Code to Revise the Regular Meeting Time of the Economic Strategic Commission.
6. Public Hearing
6.1. Approve First Reading and Introduction of Ordinance No. 869 Reading by Title Only, Waving Further Readings, an Ordinance of the City Council of the City of Patterson amending Sections 2.40.030, 2.48.030, and 2.50.040 of the Patterson Municipal Code to Exclude City Employees and Staff from Serving on Committees and Commissions.
Staff Report: Nubia Goldstein, City Attorney
Mayor: Open/Close Item to Public Hearing
Council Motion to Approve First Reading and Introduction of Ordinance No. 869 Reading by Title Only, Waving Further Readings, an Ordinance of the City Council of the City of Patterson amending Sections 2.40.030, 2.48.030, and 2.50.040 of the Patterson Municipal Code to Exclude City Employees and Staff from Serving on Committees and Commissions.
City Attorney Goldstein reviewed her report.
Councilmember Hernandez commented that she initially opposed this ordinance when she served on multiple commissions, but now recognizes potential conflicts of interest. She mentioned plans to start a civic engagement leadership program to encourage community participation.
At 7:35 p.m. Mayor Clauzel opened the public hearing. There were no comments.
Councilmember Roque, District D motions to approve. The motion was seconded by Councilmember Mora, District C and by a 5-0 roll call vote.
RESULT: Approved
MOVER: Roque
SECONDER Mora
AYES: 5 Hernandez, Romero, Mora, Roque, Clauzel
NAYS: 0 None
RECUSED: 0 None
EXCUSED: 0 None
7. City Council Items
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A. Appoint Three (3) Members to the Parks, Recreation and Beautification Commission for the Term May 2025 - May 2027
A.1 Motion to Appoint Three (3) Members to the Parks Recreation and Beautification Commission for the Term May 2025-May 2027 B. Councilmember Hernandez
Nothing to report.
B.1 Stanislaus Homeless Alliance (Councilmember Mora alternate) B.2 Stanislaus County Hazardous Waste Advisory Committee (Councilmember Mora alternate)
C. Councilmember Romero
Nothing to report.
C.1 San Joaquin Valley Air Pollution Control District (Mayor Pro Tem Roque alternate)
D. Councilmember Mora
Nothing to report.
D.1 Workforce Development Board (Mayor Pro Tem Roque alternate) E. Mayor Pro Tem Roque
Nothing to report.
E.1 (EDAC) Stanislaus County Economic Development Action Committee (Councilmember Romero alternate)
F. Mayor Clauzel
Mayor Clauzel reported on the League of California Cities annual conference in Long Beach in early October. He and Mayor Pro Tem Roque attended various sessions including public service and ethics, legal issues focusing on land use, infrastructure partnerships, tax measure passage, and harassment prevention training.
F.1 Stanislaus County Mayor's Meeting
F.2 StanCOG (Mayor Pro Tem Roque alternate)
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F.3 League of California Cities (Mayor Pro Tem Roque 1st alternate, Councilmember Romero 2nd alternate)
8. Other Matters
Councilmember Hernandez also reported on her experience at the conference, highlighting workshops on ethics and law, homelessness reduction strategies, and small city collaboration.
She suggested exploring the formation of a city homelessness committee and recognized various nonprofits and service organizations making a difference in Patterson.
Mayor Pro Tem Roque thanked firefighters, sheriffs, and ambulance services for their fast response to an incident that morning on Sperry Avenue.
Mayor Clauzel shared that he had reached out to Graciela Molina, widow of former Mayor Luis Molina, about naming a park after him. The Parks and Recreation Commission has moved forward with a recommendation to name the park in the Villages of Patterson community after Luis Ismael Molina, which will come before the Council for approval.
9. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of October 21, 2025 was adjourned at 8:05 p.m.
Approved by the City Council on (date pending).
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CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Will Barrera, Interim Public Works Director
MEETING DATE: November 4, 2025
ITEM NO: 3
SUBJECT: Approve Resolution No. 2025-62 Adopting the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement
RECOMMENDATION
Motion to Approve Resolution No. 2025-62 Adopting the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement
BACKGROUND
The Delta-Mendota Subbasin (Subbasin) is managed by multiple Groundwater Sustainability Agencies (GSAs) working collaboratively to implement the Sustainable Groundwater Management Act (SGMA). Since 2019, the San Luis & Delta-Mendota Water Authority (SLDMWA) has served as the administrative and fiscal agent for the Subbasin, providing coordination, contracting and financial management services on behalf of participating GSAs.
This arrangement allowed the Subbasin to maintain an efficient and consistent governance structure for the development and initial implementation of the Groundwater Sustainability Plan (GSP). SLDMWA’s administrative oversight ensured continuity across multiple management areas and served as the coordinating body for required annual reporting to the Department of Water Resources (DWR).
However, in early 2025, the SLDMWA Board of Directors directed staff to consolidate the agency’s mission around its core functions of water supply, conveyance and federal water operations. As part of this realignment, SLDMWA indicated its intent to transition away from providing administrative and fiscal services for the Subbasin by the start of its next fiscal year, March 1, 2026.
This decision prompted the GSAs within the Subbasin to evaluate alternative governance structures that would ensure continued coordination and compliance with SGMA following
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SLDMWA’s withdrawal. After reviewing several options, the Subbasin Coordination Committee recommended that the GSAs form a Joint Powers Authority (JPA) to assume SLDMWA’s current administrative and fiscal roles and to provide a long-term platform for collaborative subbasin management.
ANALYSIS
The transition of administrative and fiscal responsibilities from SLDMWA to a new JPA represents a major step toward greater local control of SGMA implementation in the Delta-Mendota Subbasin. While SLDMWA’s support has provided consistency and centralized management, its decision to step back allows the GSAs to take a more active role in managing and implementing groundwater programs within their own jurisdictions.
For the Northern Committee, this shift aligns with ongoing efforts to implement the Pumping Reduction Plan (PRP), which focuses on coordinated pumping reductions to meet Subbasin sustainability goals. Under the proposed structure, the JPA will serve as the coordinating entity for subbasin-wide compliance, fiscal management and DWR reporting, while GSAs will retain autonomy to carry out PRP actions and related projects locally.
The JPA framework maintains the benefits of coordination while providing flexibility for each GSA to address local conditions and priorities. It also ensures transparency and accountability through shared decision-making, cost-sharing and consistent data reporting.
To avoid any interruption in administrative support following SLDMWA’s withdrawal, GSAs are encouraged to adopt the JPA agreement by November 21, 2025, with an effective date of December 1, 2025. This will allow for a smooth transition before SLDMWA concludes its services on February 28, 2026.
FISCAL IMPACT
Adoption of the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement will have no net fiscal impact on the city or participating GSAs. The JPA is designed to assume the administrative, fiscal and contracting responsibilities currently provided by SLDMWA without increasing costs to the member agencies.
All costs associated with ongoing Subbasin coordination, consultant contracts and PRP implementation will continue to be funded through existing budgets or cost-sharing mechanisms already agreed upon by the GSAs. Adoption of the JPA does not create new financial obligations or require additional appropriations.
ATTACHMENT
Resolution No. 2025-62
Attachment A- Delta Mendota Joint Powers Authority Agreement
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RESOLUTION NO. 2025-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON GSA
ADOPTING THE DELTA-MENDOTA SUBBASIN GSAS
JOINT POWERS AUTHORITY AGREEMENT
This DELTA-MENDOTA SUBBASIN GSAS JOINT POWERS AUTHORITY AGREEMENT (this “Agreement”) is made and entered into on this 1st day of December, 2025 (the “Effective Date”) pursuant to Title 1, Division 7, Chapter 5 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers, by and among the groundwater sustainability agencies (GSAs) within the Delta-Mendota Subbasin listed in Exhibit “A” (each a “Member” and in the plural or collectively, as the “Members”).
WHEREAS, in September 2014 the Governor of the State of California signed legislation creating the Sustainable Groundwater Management Act (or “SGMA,” as that term is defined in section 1.14, below) “to provide local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater.” (Wat. Code, § 10720.1(d)); and
WHEREAS, SGMA provides that each affected groundwater basin may be regulated separately by one or more groundwater sustainability agencies (a “GSA” or “GSAs”, respectively). Any local agency or combination of local agencies overlying a groundwater basin may decide to become a GSA for that basin within its boundaries. (Wat. Code, § 10723(a).); and WHEREAS, groundwater sustainability under SGMA is to be achieved through groundwater sustainability plans (or “GSPs,” as the term “GSP” is defined in section 1.10, below), which can be a single plan developed by one or more GSAs, or multiple coordinated plans within a basin or subbasin (Wat. Code, § 10727); and WHEREAS, the Members overlie portions of the Delta-Mendota Subbasin number 5-
22.07 of the San Joaquin Valley Groundwater Basin identified in the California Department of Water Resources (“DWR”) Bulletin 118 (the “Subbasin”), as its boundaries may be modified from time to time as provided by law; and
WHEREAS, DWR has designated the entire Subbasin as critically overdrafted. Under SGMA, GSAs in critically overdrafted subbasins were required to assume their regulatory roles by June 30, 2017, and to submit one or more GSPs covering the basin to DWR by January 31, 2020; and
WHEREAS, the Members are all public agencies as defined by Government Code section 6500 and Water Code section 10723(a). All Members are authorized to contract with the State or Federal governments and agencies, and to exercise powers related to groundwater management, land use, or both, within their jurisdictional boundaries. Each Member qualifies individually to serve as a GSA under SGMA; and
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WHEREAS, the Members initially managed the Subbasin pursuant to SGMA through the development and implementation of six different coordinated GSPs; and WHEREAS, in 2024, the Members adopted a single GSP to cover the entire Subbasin to comply with SGMA; and
WHEREAS, the Members formed a “Coordination Committee” pursuant to that certain “Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies” (the “MOA”) to, among other things, make recommendations, approve budgets and authorize entering into contracts on behalf of the Subbasin; and WHEREAS, the Members previously contracted with San Luis & Delta-Mendota Water Authority (“SLDMWA”) to assist in coordinating administrative, financial and technical management of the multiple GSAs in the Subbasin; and
WHEREAS, the Members now desire to enter into this Agreement to form the DeltaMendota Subbasin GSAs Joint Powers Authority (the “Authority”) for the purpose of coordinating the administrative, financial, and technical management of the multiple GSAs in the Subbasin and replace the previously existing Coordination Committee with the Board of Directors of the Authority.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Patterson GSA hereby approves and adopts the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement as presented in Attachment A and authorizes staff to coordinate with the Delta-Mendota Subbasin Coordination Committee and participating GSAs in its implementation.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute any necessary documents, agreements, or amendments necessary to implement the JPA consistent with the adopted Groundwater Sustainability Plan.
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 4th day of November 2025, by_______________________, who moved its adoption, which was duly seconded by ________________________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
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APPROVED:
_____________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
_____________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 4th day of November 2025, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
________________________________
City Clerk of the City of Patterson
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ATTACHMENT A
DELTA-MENDOTA SUBBASIN GSAS
JOINT POWERS AUTHORITY AGREEMENT
This DELTA-MENDOTA SUBBASIN GSAS JOINT POWERS AUTHORITY AGREEMENT (this “Agreement”) is made and entered into on this 1st day of December, 2025 (the “Effective Date”) pursuant to Title 1, Division 7, Chapter 5 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers, by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin listed in Exhibit “A” (each a “Member” and in the plural or collectively, as the “Members”).
RECITALS
A. WHEREAS, in September 2014 the Governor of the State of California signed legislation creating the Sustainable Groundwater Management Act (or “SGMA,” as that term is defined in section 1.14, below) “to provide local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater.” (Wat. Code, § 10720.1(d)); and
B. WHEREAS, SGMA provides that each affected groundwater basin may be regulated separately by one or more groundwater sustainability agencies (a “GSA” or “GSAs”, respectively). Any local agency or combination of local agencies overlying a groundwater basin may decide to become a GSA for that basin within its boundaries. (Wat. Code, § 10723(a).); and C. WHEREAS, groundwater sustainability under SGMA is to be achieved through groundwater sustainability plans (or “GSPs,” as the term “GSP” is defined in section 1.10, below), which can be a single plan developed by one or more GSAs, or multiple coordinated plans within a basin or subbasin (Wat. Code, § 10727); and
D. WHEREAS, the Members overlie portions of the Delta-Mendota Subbasin number 5-22.07 of the San Joaquin Valley Groundwater Basin identified in the California Department of Water Resources (“DWR”) Bulletin 118 (the “Subbasin”), as its boundaries may be modified from time to time as provided by law; and
E. WHEREAS, DWR has designated the entire Subbasin as critically overdrafted.
Under SGMA, GSAs in critically overdrafted subbasins were required to assume their regulatory roles by June 30, 2017, and to submit one or more GSPs covering the basin to DWR by January 31, 2020; and
F. WHEREAS, the Members are all public agencies as defined by Government Code section 6500 and Water Code section 10723(a). All Members are authorized to contract with the State or Federal governments and agencies, and to exercise powers related to groundwater management, land use, or both, within their jurisdictional boundaries. Each Member qualifies individually to serve as a GSA under SGMA; and
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G. WHEREAS, the Members initially managed the Subbasin pursuant to SGMA through the development and implementation of six different coordinated GSPs; and H. WHEREAS, in 2024, the Members adopted a single GSP to cover the entire Subbasin to comply with SGMA; and
I. WHEREAS, the Members formed a “Coordination Committee” pursuant to that certain “Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies” (the “MOA”) to, among other things, make recommendations, approve budgets and authorize entering into contracts on behalf of the Subbasin; and J. WHEREAS, the Members previously contracted with San Luis & Delta-Mendota Water Authority (“SLDMWA”) to assist in coordinating administrative, financial and technical management of the multiple GSAs in the Subbasin; and
K. WHEREAS, the Members now desire to enter into this Agreement to form the Delta-Mendota Subbasin GSAs Joint Powers Authority (the “Authority”) for the purpose of coordinating the administrative, financial, and technical management of the multiple GSAs in the Subbasin and replace the previously existing Coordination Committee with the Board of Directors of the Authority.
NOW, THEREFORE, in consideration of the true and correct facts recited above, which are hereby incorporated herein, and of the covenants, terms and conditions set forth herein, the Members hereto agree as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement, unless the context requires otherwise, the meaning of the terms hereinafter set forth shall be as follows:
1.1 “Act” means the Joint Exercise of Powers Act codified at Government Code sections 6500, et seq.
1.2 “Agreement” means this Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement.
1.3 “Authority” means the Delta-Mendota Subbasin GSAs Joint Powers Authority.
1.4 “Coordinated Plan Expenses” are those Subbasin-wide Activities expenses incurred by the Authority, the Secretary, and the Plan Manager, at the direction of the Board of Directors, within approved annual cost estimates for purposes described in this Agreement and in implementing the DM Subbasin MOA, including actual expenses incurred in executing obligations under the DM Subbasin MOA for intrabasin and interbasin coordination, which are shared equally amongst the seven representative seats of the Board of Directors, in accordance with the Participation Percentages.
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1.5 “Board of Directors” means the governing body of the Authority established pursuant to Article 6 of this Agreement.
1.6 “Director” means a designated representative who holds a seat on the Authority’s seven-member Board of Directors.
1.7 “GSA” shall mean a groundwater sustainability agency established in accordance with SGMA and its associated regulations, and “GSAs” shall mean more than one such groundwater sustainability agency. Each Member is a GSA.
1.8 “GSA Group Representative” shall refer to the representative of a group of GSAs that share a single seat on the Board of Directors, as established in Article 6.1 of this Agreement.
1.9 “GSA Representative” shall refer to the representative of a single GSA who holds a single seat on the Board of Directors, as established in Article 6.1 of this Agreement.
1.10 “GSP” means a groundwater sustainability plan, as defined by section 10721(k) of the Water Code.
1.11 “Fiscal Year” means each period beginning on March 1 and ending on the last day in February the following year.
1.12 “MOA” shall mean the “Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies,” as amended, describing the Members’ responsibilities for the Subbasin-wide monitoring network, coordinated data management system, and adaptive management framework.
1.13 “Participation Percentages” shall mean that percentage of Coordinated Plan Expenses allocated to each representative seat on the Board of Directors as described in Exhibit “B” to this Agreement, which is attached hereto and incorporated by reference herein, as updated from time to time by action of the Board of Directors, but not more frequently than annually.
1.14 “Plan Manager” shall mean an entity or individual appointed at the pleasure of the Board of Directors to perform the role of the Plan Manager for the Subbasin and to serve as the point of contact to DWR and/or the State Water Board.
1.15 “SGMA” means the California Sustainable Groundwater Management Act, which is codified in Part 2.74 (commencing with section 10720) of Division 6 of the Water Code, and all state regulations adopted under that Part, including but not limited to DWR’s SGMA regulations (commencing at 23 Cal. Code Regs., §§ 350, et seq.).
1.16 “State Water Board” shall mean the California State Water Resources Control Board.
1.17 “Subbasin” means the Delta-Mendota Subbasin of the San Joaquin Valley Groundwater Basin, subbasin number 5-22.07, as identified in Bulletin 118 prepared by the DWR, as may be amended and updated from time to time pursuant to law.
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1.18 “Subbasin-wide Activities” shall mean those activities or actions that affect the Subbasin as a whole or are otherwise required by SGMA to be determined at the Subbasin level and as defined by a unanimous vote of the Board of Directors of the Authority.
1.19 “Special Project Agreement” means an agreement between the Authority and any of its Members, or multiple Members, for the purpose of facilitating a separate project or management action for which only those Member(s) who are a party to the agreement are obligated to pay or have liability.
1.20 “Water Year” shall mean the period from October 1 through the following September 30.
ARTICLE II
CREATION OF THE JPA
2.1 Creation. Upon the Effective Date and pursuant to the Act, the Members hereby create a public entity separate and independent from the Members to be known as the “DeltaMendota Subbasin GSAs Joint Powers Authority”.
2.2 Boundaries. The jurisdictional area of the Authority is intended to generally consist of all areas within the boundaries of the Subbasin, as identified by DWR.
2.3 Notices. The Authority shall timely file the notices required by Government Code sections 6503.5, 6503.6, and 53051.
ARTICLE III
TERM
3.1 Term. This Agreement is effective as of the Effective Date and continues in full force and effect until terminated under Article 10.
ARTICLE IV
PURPOSE OF THE JPA
4.1 Purpose of Agreement. The purpose of this Agreement is to create a joint powers authority separate from its Members to accomplish the purposes described below. The Members have worked together in mutual cooperation to develop a single GSP in compliance with SGMA, for the sustainable management of the Subbasin. Each Member hereto has adopted the GSP and will implement its terms and conditions within their respective GSA territories.
4.2 Purpose of Authority. The purpose of the Authority is to act as a separate and independent public agency to perform the tasks and functions articulated in Section 6.7.
4.3 Limitations.
(a) Nothing in this Agreement is intended to confer upon the Authority, any Member, or upon any third party outside this Agreement the authority to limit or interfere with the other respective Member’s rights and authorities
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over its own internal matters, including but not limited to, such Member’s surface water supplies, groundwater supplies, facilities, billing and collection procedures, GSA powers and implementation or exercise of such powers, and operations and water management. Nothing in this Agreement is intended to modify or limit a Member’s police powers, land use authorities, or any other authority, including the authority to pursue a comprehensive groundwater adjudication or other alternative SGMA compliance strategy, should the Member deem it to be in its best interest to do so.
(b) The Authority shall not possess the authority to impose, levy, or collect fees, charges, assessments, or other impositions upon lands or landowners within its boundaries. The Authority’s ability to collect, hold, and spend funds shall be limited by the budget procedures described here.
(c) Nothing in this Agreement prevents the Members from entering into other joint powers agreements.
ARTICLE V
POWERS OF THE JPA
5.1 Powers. The Authority is authorized, in its own name, to do all acts necessary for carrying out the purpose of this Agreement, including, but not limited to, any and all of the powers identified in this Article 5 and those powers identified in Government Code section 6508.
Specifically, the Authority is authorized, in its own name and subject to the Board of Directors’ approval as described herein, to do any or all of the following:
(a) To make and enter into contracts;
(b) To employ consultants, agents and employees;
(c) To acquire, lease, own, construct, manage, maintain, operate, and dispose of any building, works or improvements;
(d) To acquire, hold or dispose of real or personal property; (e) To incur debts, liabilities, or obligations;
(f) To sue and be sued in its own name;
(g) To undertake, on behalf of the Members, administrative or ministerial actions required by DWR and the State Water Board under SGMA; (h) To conduct research and investigations and compile appropriate reports for implementing the single GSP for the Subbasin, as it may be amended or revised from time to time;
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(i) To cooperate, act in conjunction with, and contract with the United States, the State of California or any agency thereof, Counties, Cities, and other local agencies;
(j) To enter into grant agreements consistent with the purposes of the Authority described herein;
(k) To enter into Special Project Agreements with a Member or Members for the benefit of implementing the SGMA in the Subbasin;
(l) To participate, on behalf of one or more GSAs, in groundwater sustainability projects and management actions related to SGMA; and (m) To create committees and sub-committees.
5.2 Common Powers. The Authority may exercise the common powers of the Members.
5.3 Restrictions on the Exercise of Powers. Pursuant to Government Code section 6509, et seq., the powers of the Authority shall be exercised and restricted in the same manner as those imposed upon Patterson Irrigation District, a California irrigation district. The Authority shall have the power of eminent domain. If Patterson Irrigation District withdraws as a Member, the remaining Members shall amend this Agreement pursuant to section 14.1.
5.4 Limitation on Authority Powers. The Authority is not a GSA and may not exercise certain powers granted to GSAs, including the authorities provided in Water Code section 10726.2 (groundwater extraction), and Chapter 8 (commencing with section 10730) (fee authorities) of SGMA. The individual Members of the Authority each hold GSA powers and each Member expressly reserves the right to (a) exercise all rights afforded to a GSA within their respective boundaries, and (b) defend, with legal counsel of its own choosing, any challenge to the adoption or implementation of the adopted GSP. When the terms of this Agreement or applicable law require the approval of a GSA (such as approval of the GSP), that approval shall be required and evidenced (as provided in Article 6.9) by the Members.
5.5 Obligations of the Authority. No debt, liability, or obligation of the Authority shall constitute a debt, liability or obligation of any of the Members, appointed representatives on the Board of Directors, or committee members. No debt, liability, or obligation of any Member shall constitute a debt, liability or obligation of the Authority.
5.6 Water Rights. Nothing contained in this Agreement grants to the Authority any power to alter any water right, contract right, or any similar right held by any of the Members, or to amend a Member’s water delivery practice, course of dealing, or conduct without the express written consent of that Member.
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ARTICLE VI
BOARD OF DIRECTORS
6.1 Board of Directors. The Authority shall be administered by a seven (7)-member Board of Directors (the “Board of Directors”), composed of Directors and alternate Directors as described herein, to serve at the pleasure of their appointing governing body. All voting power of the Authority shall reside in the Board of Directors.
(a) The Board of Directors will consist of a total of seven (7) voting members and shall be comprised of the representative of a Member GSA (“GSA Representative”) or a group of GSAs (a “GSA Group Representative”), as identified on Exhibit “B.” Each GSA Representative or GSA Group Representative shall have one Alternate Representative authorized to vote in the absence of the GSA Representative or GSA Group Representative, as applicable. Each GSA Representative, GSA Group Representative, and applicable Alternates, must be (i) an elected or appointed member of the governing body of a Member, or (ii) on the staff or a consultant of a Member.
(b) Individuals serving on the Board of Directors as a GSA Representative or GSA Group Representative shall be selected by each respective GSA or GSA Group at the discretion of that particular GSA or GSA Group, and such appointments shall be effective upon providing written notice to the Authority’s Secretary.
(c) Each Member understands its participation in actions of the Authority is based on representation on the Board of Directors. It is the responsibility and obligation of each Member to develop its manner of selecting its respective Representative and Alternate Representative. For purposes of this Agreement, it is assumed that each Director and Alternate Director has been authorized by the members in their respective GSA or GSA Group to participate as described herein.
(d) The Board of Directors will recognize each GSA Representative or GSA Group Representative and their applicable Alternate Representatives until such time as the Authority’s Secretary is provided written notice of removal and replacement of said representative.
6.2 Removal. Directors and Alternate Directors may be removed or replaced as follows:
(a) Directors and Alternate Directors may be removed or replaced at any time by the respective GSA or the GSA Group, as applicable, with reasonable written notice provided to the Authority’s Secretary of any such removal or replacement; and
(b) A Director or Alternate Director shall be deemed automatically removed from the Board of Directors if that Director is no longer: (i) an elected or
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appointed member of the governing body of the Member, or (ii) on the staff or a consultant of a Member entity that qualified such Director to serve on the Board of Directors.
6.3 Compensation. Directors shall not be compensated by the Authority for participation on the Board of Directors. The Authority shall develop a policy for reimbursement associated with direct expenses.
6.4 Legal Requirements. Each Director shall comply with all legal requirements, including disclosure and ethics requirements, applicable to directors of a California Joint Powers Authority.
6.5 Closed Session. Each Director and Alternate Director is eligible to participate in closed session of the Authority’s Board of Directors.
6.6 Voting. Each Director on the Board of Directors shall be entitled to one (1) vote at the Board of Directors meetings. Except as expressly set forth in Article 6.8 below, the vote of a simple majority of Directors (i.e. at least four (4) Directors must vote in favor), at a regular or special meeting, of the Board of Directors shall be required for all other matters on which the Board of Directors is authorized to act.
6.7 Board of Directors Authorized Actions. The Board of Directors is authorized to act upon the following enumerated items:
(a) By a simple majority vote of Directors (i.e. at least four (4) Directors must vote in favor), at a regular or special meeting, the Board of Directors shall review and approve:
(i) recommendation(s) to the GSAs for approving any technical analyses;
(ii) updating of technical analyses as needed;
(iii) developing budgets for Subbasin-wide Activities;
(iv) providing assistance with grants and with coordinated projects and programs;
(v) appointing ad hoc or standing committees and workgroups; (vi) assigning work to committees and workgroups as needed, providing guidance and feedback, and ensuring that committees and workgroups prepare work products in a timely manner; and (vii) providing direction to its officers concerning other administrative and ministerial issues necessary for the fulfillment of the aboveenumerated tasks; and
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(viii) entering into Special Project Agreements with Members. (b) By a unanimous vote of all Directors (i.e. all seven (7) Directors must vote in favor), at a regular or special meeting, the Board of Directors shall review and approve:
(i) a determination of Subbasin-wide Activities, which may be modified by the Board of Directors from time to time;
(ii) submittal of annual reports;
(iii) a representative monitoring network;
(iv) final budgets and amendments to final budgets;
(v) submittal of five-year updates;
(vi) revisions to this Agreement;
(vii) adding new Members to this Agreement;
(viii) annual estimates of Coordinated Plan Expenses and any updates to such estimates, in accordance with the budgetary requirements of the respective Members; provided, that such estimates or updates with supporting documentation shall be circulated to all Members for comment at least thirty (30) days in advance of the meeting at which the Board of Directors will consider approval of the annual estimate;
(ix) directing the Plan Manager in the performance of its duties under SGMA; and
(x) the hiring of consultants for Subbasin-wide Activities, providing direction to and supervision over consultants engaged to assist in acquiring and processing technical data, conducting monitoring and reporting, and all other activities in support of Subbasin-wide Activities; and
(xi) exercising the powers of eminent domain.
6.8 Voting Procedures to Address Lack of Unanimity. When it appears likely that the Board of Directors will not be able to come to a unanimous decision on any matter for which a unanimous decision is required, upon a majority vote of a quorum of the Board of Directors, the matter may be subjected to any or all of the following additional procedures:
(a) Straw Polls. Straw poll votes may be taken for the purpose of refining ideas and providing guidance to the Board of Directors, committees, or both.
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(b) Provisional Voting. Provisional votes may occur prior to final votes. This will be done when an initial vote is needed to refine a proposal, but the Directors wish to consult with their respective GSA or GSA Group(s) before making a final vote.
(c) Alternative Actions. A vote shall be delayed if any Director declares his/her/their intention to propose an alternative or modified recommended action, to be proposed at the next meeting, or as soon thereafter as the Director can obtain any further information or clarifying direction from its GSA Group or governing body, or both, as needed to propose its alternative or modified recommended action.
(d) Further Review. If the process outlined in Article 6.8(a)-(c) fails to result in a unanimous vote of the Directors, any GSA Representative or GSA Group Representative not voting in favor of the recommended action may request that the vote be delayed so that the Board of Directors can obtain further information on the recommended action (for example, by directing a committee established under this Agreement), so the Director(s) can obtain clarifying direction from its GSA Group or governing body, or both, as needed.
(e) Good Faith. Each Member acknowledges that time is of the essence with respect to SGMA compliance and GSP implementation and agrees to make its best efforts to cooperate through the Board of Directors in coming to a unanimous vote of representatives at a regular or special meeting.
6.9 Approval by Individual Members. Where law or this Agreement require separate written approval by each of or a group of the Members, such approval shall be evidenced in writing by providing the adopted resolution or minutes of the respective Member’s Board of Directors meeting to the Secretary of the Authority.
ARTICLE VII
OFFICERS AND ADMINISTRATION
7.1 Officers. The Officers of the Board of Directors will include a Chair, Vice Chair, the Secretary, and the Treasurer. The Chair and Vice Chair shall be selected at the initial meeting of the Board of Directors or as soon thereafter as reasonably can be accomplished. The Secretary, and Treasurer may be the same person, persons, entity, or entities. (a) Chair and Vice Chair. Any Director may serve as the Chair. The Vice Chair, who shall also be a Director, shall serve in the absence of the Chair. In the absence of both the Chair and Vice Chair, a meeting may be led by an Acting Chair, selected on an ad hoc basis, who is a Director or Alternate Director of the Board of Directors.
The positions of Chair and Vice Chair shall rotate among the GSA Representative and GSA Group Representatives listed in Exhibit “B” on the Board of Directors on an annual basis according to alphabetical order,
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by name of the GSA or GSA Group, with the first rotation beginning on the date the first Chair is selected. The schedule for annual rotation of Chair and Vice Chair will be set at the first meeting after the Chair is appointed and reviewed and rotated annually at the first meeting of the Fiscal Year.
Any GSA Representative or GSA Group Representative may waive designation as Chair. In such a case, the office of Chair would rotate to the next designated GSA Representative or GSA Group Representative. (b) Secretary. Pursuant to Article 6.7(b) above, by unanimous vote of Board of Directors (i.e. all seven (7) Directors), the Board of Directors shall select a Secretary to carry out the functions described in this Article 7.1(b), to serve at the pleasure of the Board of Directors. The Secretary may, but need not, be a Member of the Authority.
With approval of the appointee through a simple majority vote of the Board of Directors (i.e. at least four (4) Directors), the Secretary may select an appointee (who may be staff or a consultant contracting with the Authority) to implement the Secretary’s responsibilities under this Agreement, for example, to coordinate meetings; prepare agendas; circulate notices and agendas; provide written notice to all Members that the Board of Directors has made a recommendation requiring approval by the Members; prepare and maintain minutes of meetings of the Board of Directors; receive notices on behalf of the Board of Directors and call to the Board of Directors’ attention the need for responding; and provide such other assistance in coordination as may be appropriate.
The Secretary shall assume primary responsibility for Ralph M. Brown Act compliance, including without limitation, the responsibility to prepare agendas and notices, publicly post and distribute agendas to all Directors and Alternate Directors, the Members, and any other person who requests, in writing, such notices. The agenda shall be of adequate detail to inform the public and the Members of the meeting and the matters to be transacted or discussed and shall be posted in a public location and distributed to each of the Members to this Agreement in compliance with the noticing requirements of the Ralph M. Brown Act.
(c) Treasurer. Pursuant to Article 6.7(b) above, by unanimous vote of Board of Directors (i.e. all seven (7) Directors), the Board of Directors shall select a Treasurer to carry out the functions described in this Article 7.1(c), to serve at the pleasure of the Board of Directors. The Treasurer may, but need not, be a Member of the Authority. If the Treasurer is a Member of the Authority, said Member may be reimbursed for the cost services performed as Treasurer. The Treasurer shall have custody of all of the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code sections 6505 and 6505.5.
The Treasurer shall be authorized to expend funds upon authorization of the Board of Directors as described in this Agreement. The Treasurer shall be
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responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as identified in the audited financial statements. The Treasurer shall be responsible for providing the financial report at each Board of Directors meeting.
In addition, the Treasurer shall be responsible for financial management services to the Authority, including but not limited to holding financial contributions made in accordance with the Participation Percentages, accounting for funds, reports as requested by the Board of Directors concerning funds held, and disbursing said funds for authorized purposes.
The Treasurer shall bill the GSAs or GSA Groups, as applicable, for all Coordinated Plan Expenses based upon their respective Participation Percentages.
The Treasurer shall maintain a strict accountability of all funds contributed pursuant to this Agreement. The Treasurer shall establish and maintain such accounts to provide for segregation of funds as may be required by good accounting practices. The books and records of the Treasurer pertaining to funds held and expended pursuant to this Agreement shall be open to inspection at reasonable times by any Member that has made a contribution.
The Treasurer shall provide an unaudited report of all financial activities for each Fiscal Year to each Member that has made a contribution during that Fiscal Year within sixty (60) days after the close of each Fiscal Year.
7.2 Officers in Charge of Records; Funds; and Accounts. Pursuant to Government Code section 6505.1, the Treasurer shall initially have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority related thereto; and the Secretary shall initially have charge, handle and have access to all other records of the Authority. The Board of Directors may designate a consultant or a Member, by unanimous vote pursuant to Article 6.7(b) above, to serve as the person or persons having access to property of the Authority, and shall require such person or persons to file an official bond in an amount to be fixed by the Board of Directors.
7.3 Plan Manager. Pursuant to a simple majority vote (i.e. at least four (4) Directors), the Board of Directors shall select a Plan Manager, who may be a consultant of the Authority or a representative of a Member, who shall serve as the point of contact for DWR and the State Water Board, as specified by SGMA.
The Plan Manager shall carry out the duties of a “plan manager” as provided in Title 23, division 2, Chapter 1.5, Subchapter 2, California Code of Regulations. The Plan Manager has no authority to make policy decisions or represent the Board of Directors without the specific direction of the Board of Directors. The Plan Manager is obligated to disclose all substantive communications he/she transmits and receives in his/her capacity as Plan Manager to the Board of Directors.
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7.4 Employees and Consultants. The Authority may hire employees and consultants, including an executive director, engineers, hydrogeologists, accountants, public relations firms, and attorneys, to provide services to the Authority to accomplish the purposes of the Authority.
7.5 Management. In addition to, or in lieu of, hiring employees, the Authority may engage one or more third parties to manage any or all of the business of the Authority on terms and conditions acceptable to the Board of Directors. A third party so engaged may, but need not, be a Member of this Agreement. Any third party so engaged shall have such responsibilities as are set forth in the contract for such third party’s services.
ARTICLE VIII
MEETINGS
8.1 Timing and Notice. The Chair of the Board of Directors, any two GSA Representatives or GSA Group Representatives, or the Secretary may call meetings of the Board of Directors as needed to carry out the activities described in this Agreement. The Board of Directors may, but is not required to, set a date for regular meetings for the purposes described in this Agreement. All Board of Directors meetings shall be held in compliance with the Ralph M.
Brown Act (Gov. Code § 54950, et seq.).
8.2 Quorum. A majority of the seven (7)-member Board of Directors shall constitute a quorum of the Board of Directors for purposes of holding a meeting. The Alternate Director of each GSA or GSA Group shall be counted towards a quorum and as the voting representative(s) in absence of the Director for that GSA Representative or GSA Group Representative for which the Alternate Director was appointed. If less than a quorum of the Board of Directors is present, no action may be taken.
8.3 Open Attendance. Members of the public, stakeholders, and representatives of the Members who are not appointed as a GSA Representative or GSA Group Representative on the Authority’s Board of Directors may attend all Board of Directors meetings and shall be provided with an opportunity to comment on matters on the meeting agenda, but shall have no vote.
8.4 Committees. The Board of Directors may appoint ad hoc or standing committees, workgroups, or otherwise direct staff made available by the Members as provided for in Section
6.7. Such committees or workgroups may include qualified individuals possessing the knowledge and expertise to advance the goals of the GSP on the topics being addressed by the committee, whether or not such individuals are Directors or Members.
8.5 Minutes. The Secretary or its appointee shall keep and prepare minutes of all Board of Directors meetings. Minutes of standing committee meetings shall be kept by the Secretary or its appointee. All minutes shall be maintained by the Secretary as Subbasin records and shall be available to the Members and the public upon request.
8.6 Bylaws. The Board of Directors may adopt bylaws and governing regulations consistent with this Agreement, which may be amended from time to time, for the conduct of its meetings as are necessary for the purposes hereof.
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ARTICLE IX
FISCAL YEAR, BUDGET, AND FINANCIAL RESPONSIBILITIES
9.1 Fiscal Year. The Fiscal Year of the Authority shall be from March 1 through the last day in February the following year.
9.2 Budget. The Board of Directors shall establish an annual budget for the activities authorized by this Agreement. The budget must describe the amounts that the Board of Directors anticipates are required for purposes of the Agreement during each Fiscal Year. (a) The Authority shall not make expenditures or incur liabilities exceeding the amount of the appropriations allowed by the Authority’s budget. (b) The Authority may amend the annual budget as needed subject to the provisions in Article 6 of this Agreement.
9.3 Participation Percentages. The Members will share the Coordinated Plan Expenses for Subbasin-wide Activities pursuant to the Participation Percentages described in Exhibit “B”.
Each GSA or GSA Group, as applicable, shall pay their share of the Participation Percentage as reflected in Exhibit “B”, and make Participation Percentage contributions required pursuant to this Agreement directly to the Treasurer or his/her designee. Payment is due from each GSA thirty (30) days following receipt of the invoice. Amounts in arrears for more than thirty (30) days shall earn interest at the applicable legal rate.
9.4 Member Obligations and GSP Implementation. It is the responsibility and obligation of each Member of the Authority to manage its own GSA and implement the GSP within its GSA’s boundaries. It is further the responsibility and obligation of each GSA or GSA Group, as applicable, to pay its share of the Participation Percentage as reflected in Exhibit “B”, and other payments required as part of implementation of SGMA Subbasin-wide Activities, as may arise from time to time. Each of the Members shall bear its own separate costs of implementing SGMA within its jurisdiction.
9.5 Special Project Agreements. Upon approval of a majority of the Board of Directors, the Authority may enter into an agreement with any of its Members, or multiple Members, for the purpose of implementing SGMA within the Subbasin. However, any such Special Project Agreement shall require those Members entering into said agreement with the Authority be solely responsible for the costs and liabilities therein. Members who are not a party to a Special Project Agreement shall have no financial obligations or liabilities associated with the implementation of said agreement.
ARTICLE X
ADDITION AND WITHDRAWAL OF MEMBER; TERMINATION OF AUTHORITY
10.1 Addition of a Member. A Member may be added to this Agreement only upon the unanimous vote of the Board of Directors at a regular or special meeting, the prospective Member’s execution of a counterpart of this Agreement, and its provision of any additional documentation required by this Agreement. No Member may be added that is not a GSA within the Subbasin or that fails to share in the Coordinated Plan Expenses.
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10.2 Withdrawal. A Member may unilaterally withdraw from this Agreement without causing or requiring termination of this Agreement, effective upon one (1) year written notice to the Secretary and all other Members.
10.3 Effect of Withdrawal. Any Member who withdraws shall remain obligated for Coordinated Plan Expenses. If no separate Cost Sharing Agreement is then in effect or enforceable against the withdrawing Member, the Member is obligated to pay its share of all debts, liabilities, and obligations the Member incurred or accrued under this Agreement prior to the effective date of such withdrawal, within one (1) year after providing written notice to the Secretary and all other Members of the date of withdrawal. Upon withdrawal, a Member agrees that it has a continuing obligation to comply with SGMA and any coordination guidelines and regulations issued by DWR, which require a coordination agreement if there are multiple groundwater sustainability plans in the Subbasin. This obligation shall survive the withdrawal from this Agreement and is for the express benefit of the remaining Members.
10.4 Termination of the Authority. The Authority shall be formed and come into existence on the Effective Date and shall continue in existence unless terminated by a vote of the governing body of each of the Members then a party to this Agreement or at any point in time at which there ceases to be at least two (2) Members to this Agreement, at which time this Agreement shall be automatically terminated; provided however, that the Authority and this Agreement shall continue to exist for the purpose of disposing of liabilities (“Authority Liabilities”) and distributing funds, property, and other assets (“Authority Assets”), and all other functions necessary to conclude the business of the Authority.
(a) Except as provided in this Article 10.4, this Agreement shall remain in effect and be binding upon the Members hereto and upon all subsequent Members joining herein for such a period as the Authority desires to engage in any activities under this Agreement. Except as noted in Article 10.4 above, the foregoing provision shall not apply, however, to any Member that withdraws from its participation in the Authority in accordance with this Agreement.
(b) Upon termination of this Agreement, after payment of all Authority Liabilities, any Authority Assets remaining shall be distributed to the Members of the Authority at the time of dissolution in accordance with applicable contributions. The Authority shall cease to exist when the Authority’s Liabilities are paid and Authority Assets have been distributed according to the provisions contained in this Section, this Agreement generally, and the Act.
ARTICLE XI
EXCHANGE OF DATA AND INFORMATION
11.1 Exchange of Data and Information. The Members acknowledge and recognize pursuant to this Agreement that the Members will need to exchange data and information among and between the Members.
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11.2 Procedure for Exchange of Data and Information.
(a) The Members shall exchange public and non-privileged information through collaboration and/or informal requests made at the Board of Directors level or through committees designated by the Board of Directors.
However, to the extent it is necessary to make a written request for information to another Member, each Member shall designate a representative to respond to information requests and provide the name and contact information of the designee to the Board of Directors. Requests may be communicated in writing and transmitted in person or by mail, facsimile, or other electronic means to the appropriate representative as named in this Agreement. The designated representative shall respond in a reasonably timely manner.
(b) Nothing in this Agreement shall be construed to prohibit any Member from voluntarily exchanging information with any other Member by any other mechanism separate from the Board of Directors.
(c) The Members agree that each GSA shall provide the data required to develop the Subbasin-wide coordinated monitoring network, data management system, and water budget, as more particularly described in the MOA and GSP.
(d) To the extent that a court order, subpoena, or the California Public Records Act is applicable to a Member, such Member in responding to a request made pursuant to the California Public Records Act for release of information exchanged from another Member shall timely notify the Board of Directors in writing of its proposed release of information in order to provide the other Members with the opportunity to seek a court order preventing such release of information.
ARTICLE XII
SEPARATE ENTITY; INDEMNIFICATION
12.1 Separate Entity. In accordance with the Act, the Authority is a public entity separate from the Members. To the greatest extent permitted by law, unless otherwise specifically agreed to herein by all the Members as to a specific debt, liability or obligation, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the Members under Government Code section 6508.1. The Authority shall own and hold title to all funds, property and works acquired by it during the term of this Agreement.
12.2 Indemnification. No Member has the power to obligate any other Member hereto and no Member’s debt, liability or obligation due any third party may be asserted or collected against the Authority or any individual Member as a result of membership in the Authority through this Agreement. The Authority shall indemnify, defend, and hold harmless the Members, their officers, agents, directors, and employees, from and against any and all claims and losses
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whatsoever, occurring or resulting to persons, firms, or entities furnishing or supplying work, services, labor, materials or supplies to the Authority in connection with the performance of this Agreement and, except as expressly provided for by law, from any and all claims and losses accruing or resulting to any persons, firm or entity for damage, injury, or death arising out of or in connection with the Authority’s performance of its obligations pursuant to this Agreement. The Authority may also acquire such policies of insurance, including without limitation, directors and officers liability insurance, in such amounts as the Board of Directors shall deem prudent. The Board of Directors, officers, agents, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties pursuant to this Agreement. The Board of Directors shall not be liable to the Members of this Agreement for any mistake of judgment or any other action made, taken, or omitted by any agent, employee, or independent contractor selected with reasonable care, nor for loss incurred through the investment of Authority funds or failure to invest same. To the extent authorized by California law, no Director, officer or employee of the Authority shall be responsible for any action made, taken, or omitted by any other Director, officer or employee. Furthermore, each Member shall indemnify, defend, and save harmless the other Members, their officers, agents, directors, and employees, from and against any and all claims of negligence and/or willful misconduct by the indemnifying Member in performance of this Agreement.
ARTICLE XIII
PROCEDURES FOR RESOLVING CONFLICTS
In the event of any dispute arising from or relating to this Agreement, except for disputes arising from the inability of the Board of Directors to reach a unanimous decision, the disputing Member shall, within thirty (30) calendar days of discovery of the events giving rise to the dispute, notify all Members of this Agreement in writing of the basis for the dispute. Within thirty (30) calendar days of receipt of said notice, all interested Members shall meet and confer in a goodfaith attempt to informally resolve the dispute. All disputes that are not resolved informally shall be submitted to arbitration. Within ten (10) days following the failed informal proceedings, each interested Member shall nominate and circulate to all other interested Members the name of one arbitrator. Within ten (10) days following the nominations, the interested Members shall rank their top three (3) among all nominated arbitrators, awarding three points to the top choice, two points to the second choice, one point to the third choice and zero points to all others. Each interested Member shall forward its tally to the Secretary, who shall tabulate the points and notify the interested Members of the arbitrator with the highest cumulative score, who shall be the selected arbitrator. The Secretary may also develop procedures for approval by the Members, for selection in the case of tie votes or in order to replace the selected arbitrator in the event such arbitrator declines to act. The arbitration shall be administered in accordance with the procedures set forth in the California Code of Civil Procedure, section 1280, et seq., and of any state or local rules then in effect for arbitration pursuant to said section. Upon completion of arbitration, if the controversy has not been resolved, any Member may exercise all rights to bring a legal action relating to the controversy.
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ARTICLE XIV
MISCELLANEOUS
14.1 Amendments. This Agreement may not be amended except by a written amendment signed by all of the Members.
14.2 Entire Agreement. This Agreement (including the Recitals) constitutes the entire Agreement between the Members and supersedes prior agreements or discussions relating to the matters set forth herein, if any, both written and oral.
14.3 Assignment; Binding on Successors. Except as otherwise provided in this Agreement, the rights and duties of the Members may not be assigned or delegated without the express written consent of the other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement is null and void. Any approved assignment or delegation must be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Members under this Agreement then in effect. This Agreement inures to the benefit of, and shall be binding upon, the successors and permitted assigns of the Members.
14.4 Counterparts. This Agreement may be executed by the Members in separate counterparts, each of which when so executed and delivered is an original, but all such counterparts together constitute the same instrument.
14.5 Governing Law and Venue. This Agreement is governed by the laws of the State of California. Venue for the purposes of filing any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Merced County, California.
14.6 Severability. If any part of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, the remainder of the Agreement remains in effect and the Members shall make best efforts to replace the unlawful, invalid, or unenforceable part of the Agreement with terms to accomplish the Members’ original intent.
14.7 Headings. The titles of sections of this Agreement are for convenience only and no presumption or implication of the intent of the Members as to the construction of this Agreement shall be drawn from them.
14.8 Construction. The final form of this Agreement is the result of the Members’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity is not to be resolved by construing the terms of this Agreement against the drafter.
14.9 Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses submitted by each Member to the Authority’s Secretary, or to such other changed addresses communicated to the Authority’s Secretary and the Members in writing. For all claims arising from or related to this agreement, nothing in this agreement establishes, waives, or modifies any claims presentation requirements or procedures
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provided by law, including the Government Claims Act (Division 3.6 or Title 1 of the Government Code, beginning with section 810).
14.10 Signature Authorization. Each Member represents that the representative executing this Agreement on its behalf has been duly authorized to execute the Agreement on behalf of the Member.
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IN WITNESS WHEREOF, the Members have executed this Agreement on the dates indicated next to the signatures attached to this Agreement to be made effective as of the Effective Date.
Dated: ALISO WATER DISTRICT GSA
Print Name:
Print Title:
Dated: CENTRAL DELTA-MENDOTA GSA
Print Name:
Print Title:
Dated: CITY OF DOS PALOS GSA
Print Name:
Print Title:
Dated: CITY OF FIREBAUGH GSA
Print Name:
Print Title:
Dated: CITY OF GUSTINE GSA
Print Name:
Print Title:
Dated: CITY OF LOS BANOS GSA
Print Name:
Print Title:
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Dated: CITY OF MENDOTA GSA
Print Name:
Print Title:
Dated: CITY OF NEWMAN GSA
Print Name:
Print Title:
Dated: CITY OF PATTERSON GSA
Print Name:
Print Title:
Dated: COUNTY OF MADERA GSA – DELTAMENDOTA
Print Name:
Print Title:
Dated: COUNTY OF MERCED DELTA-MENDOTA GSA
Print Name:
Print Title:
Dated: DM II GSA
Print Name:
Print Title:
Dated: FARMERS WATER DISTRICT GSA
Print Name:
Print Title:
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Dated: FRESNO COUNTY MANAGEMENT AREA A
GSA
Print Name:
Print Title:
Dated: FRESNO COUNTY MANAGEMENT AREA B
GSA
Print Name:
Print Title:
Dated: GRASSLAND GSA
Print Name:
Print Title:
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Dated: NORTHWESTERN DELTA-MENDOTA GSA
STANISLAUS COUNTY
Print Name:
Print Title:
APPROVED AS TO FORM
By:
MERCED COUNTY
Print Name:
Print Title:
APPROVED AS TO FORM
By:
Dated: ORO LOMA WATER DISTRICT GSA
Print Name:
Print Title:
Dated: PATTERSON IRRIGATION DISTRICT GSA
Print Name:
Print Title:
Dated: SAN JOAQUIN RIVER EXCHANGE
CONTRACTORS WATER AUTHORITY GSA
Print Name:
Print Title:
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Dated: TURNER ISLAND WATER DISTRICT–2 GSA
Print Name:
Print Title:
Dated: WEST STANISLAUS IRRIGATION DISTRICT
GSA 1
Print Name:
Print Title:
Dated: WIDREN WATER DISTRICT GSA
Print Name:
Print Title:
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EXHIBIT A
LIST OF MEMBERS
1. Aliso Water District GSA
2. Central Delta-Mendota GSA
(Includes: San Luis Water District, Panoche Water District, Tranquillity Irrigation District, Fresno Slough Water District, Eagle Field Water District, Pacheco Water District, Santa Nella County Water District, Mercy Springs Water District, County of Merced, and County of Fresno)
3. City of Dos Palos GSA
4. City of Firebaugh GSA
5. City of Gustine GSA
6. City of Los Banos GSA
7. City of Mendota GSA
8. City of Newman GSA
9. City of Patterson GSA
10. County of Madera GSA – Delta-Mendota
11. County of Merced Delta-Mendota GSA
12. DM II GSA
13. Farmers Water District GSA
14. Fresno County Management Area A GSA
15. Fresno County Management Area B GSA
16. Grassland GSA
17. Northwestern Delta-Mendota GSA
18. Oro Loma Water District GSA
19. Patterson Irrigation District GSA
20. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company)
21. Turner Island Water District–2 GSA
22. West Stanislaus Irrigation District GSA 1
23. Widren Water District GSA
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EXHIBIT B
BOARD OF DIRECTORS REPRESENTATIVES & PARTICIPATION PERCENTAGES Board of Directors Representatives (alphabetically) Group Contact Agency Participation
Percentage
1 Aliso Water District GSA
Aliso Water District GSA
Aliso Water District GSA 1/7
2 Central Delta-Mendota GSAs Group
Central Delta-Mendota GSA
Oro Loma Water District GSA
Widren Water District GSA
Central Delta-Mendota GSA 1/7
3 Farmers Water District GSA
Farmers Water District GSA
Farmers Water District GSA 1/7
4 Fresno County Management Area A and B
GSAs Group
Fresno County Management Area A GSA
Fresno County Management Area B GSA
Fresno County 1/7
5 Grassland GSAs Group
Grassland GSA
Merced County Delta-Mendota GSA
Grassland Water District 1/7
6 Northern Delta-Mendota GSAs Group
City of Patterson GSA
DM-II GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
West Stanislaus Irrigation District 1/7
7 San Joaquin River Exchange Contractors GSAs
Group
City of Dos Palos GSA
City of Firebaugh GSA
City of Gustine GSA
City of Los Banos GSA
City of Mendota GSA
City of Newman GSA
County of Madera GSA – Delta-Mendota
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSA
Turner Island Water District-2 GSA
San Joaquin River Exchange
Contractors GSA 1/7
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CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Will Barrera, Interim Public Works Director
MEETING DATE: November 4, 2025
ITEM NO: 4
SUBJECT: Approve Resolution No. 2025-63 Adopting the Delta-Mendota Subbasin Domestic Well Mitigation Policy
RECOMMENDATION
Motion to Approve Resolution No. 2025-63 Adopting the Delta-Mendota Subbasin Domestic Well Mitigation Policy.
BACKGROUND
The Delta-Mendota Subbasin Groundwater Sustainability Agencies (GSAs) have a long history of supporting disadvantaged communities and ensuring reliable access to safe drinking water.
Recognizing the potential impacts of groundwater level declines under the Sustainable Groundwater Management Act (SGMA), the GSAs developed a Domestic Well Mitigation Policy (Policy) through the Delta-Mendota Subbasin Coordination Committee. The Policy builds on recommendations from the Framework for a Drinking Water Well Impact Mitigation Program (Self Help Enterprises et al.) and the Considerations for Identifying and Addressing Drinking Water Well Impacts (California Department of Water Resources).
The Policy is intended to mitigate impacts to domestic wells that may go dry or experience degraded water quality as a result of groundwater management actions undertaken through implementation of the Subbasin’s Groundwater Sustainability Plan (GSP). The Subbasin’s GSP established minimum groundwater level thresholds in 2015 seasonal lows. Since the GSP’s adoption in 2020, the GSAs have successfully maintained groundwater levels above these thresholds. The Policy serves as a safeguard should groundwater levels decline below those thresholds.
Between 2015 and 2024, only 37 well replacement applications were reported across the Subbasin’s nearly 1,200 square miles, though not all were confirmed to be domestic wells or related to groundwater depletion. The Policy formalizes a coordinated, transparent approach to
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address any future occurrences and outlines notification, eligibility, and mitigation procedures.
ANALYSIS
The Policy establishes a structured process for domestic well mitigation, including eligibility criteria, notification protocols, application review and available mitigation measures. Key elements of the policy include:
Eligibility: Applies to domestic well owners and small water systems (≤14 service connections) using groundwater as of November 19, 2024. Wells constructed after GSP adoption or at depths shallower than 2015 threshold levels are not eligible. For the City of Patterson GSA, this policy only applies to wells within our city limits. There are approximately 28 private wells within our limits.
Notification & Outreach: GSAs will notify owners within a three-mile radius of any representative monitoring well exceeding minimum thresholds and provide information on how to apply for mitigation.
Mitigation Process: GSAs will provide emergency water supplies (bottled or tanked water) within 24–72 hours of confirming eligibility. A field investigation will determine cause and scope of well failure.
Water Quality Mitigation: If GSA projects or management actions cause water quality degradation beyond established thresholds for constituents of concern (Nitrate, Chromium VI, Arsenic, 1,2,3-TCP, Gross Alpha, and TDS), the applicable GSA will provide mitigation measures such as reverse osmosis systems, bottled water or system connections. Coordination & Oversight: Disputes between GSAs will be resolved through the Adaptive Management Framework in the Subbasin Memorandum of Agreement (MOA). The Coordination Committee will review Policy implementation at least quarterly and reassess the Policy every five years.
Program Funding: A common financial reserve of $300,000 will be jointly funded by seven GSA groups over three years to cover mitigation for up to ten domestic wells annually.
Each GSA will be responsible for costs within its jurisdiction, including investigations, emergency water supplies and implementation of approved mitigation measures.
The Policy is aligned with the Subbasin’s Pumping Reduction Plan (PRP) and overall SGMA compliance strategy. Predictive modeling indicates that fewer than three domestic wells per year may require mitigation through 2040, suggesting that the Policy provides an adequate level of preparedness while minimizing fiscal exposure.
FISCAL IMPACT
Implementation of the Policy is not expected to have a direct fiscal impact on the City beyond its contribution to the Subbasin’s shared financial account. The seven GSA groups will jointly establish a $300,000 reserve fund to cover potential mitigation costs, with expenses divided equally and paid over a three-year period, approximately $4,300 per year.
Each GSA will be responsible for covering the costs of any site-specific investigations, temporary water supply solutions or well-mitigated measures that occur within its own jurisdiction.
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ATTACHMENT
Resolution No. 2025-63
Attachment A- DM Subbasin Domestic Well Mitigation Policy
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RESOLUTION NO. 2025-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON GSA
ADOPTING THE DELTA-MENDOTA SUBBASIN
DOMESTIC WELL MITIGATION POLICY
WHEREAS, the Sustainable Groundwater Management Act (SGMA) requires groundwater sustainability agencies (GSAs) within the Delta-Mendota Subbasin to manage groundwater resources in a manner that achieves long-term sustainability; and WHEREAS, the Delta-Mendota Subbasin Groundwater Sustainability Plan (GSP), adopted in 2020, establishes minimum groundwater level thresholds based on 2015 seasonal lows to prevent undesirable results, including impacts to domestic wells; and WHEREAS, the Delta-Mendota Subbasin Coordination Committee, through collaboration among its member GSAs, developed a Domestic Well Mitigation Policy (Policy) to proactively address potential domestic well impacts that may occur as a result of groundwater level declines or water quality degradation associated with groundwater management activities; and
WHEREAS, the Policy builds upon recommendations from the Framework for a Drinking Water Well Impact Mitigation Program (Self Help Enterprises et al.) and the Considerations for Identifying and Addressing Drinking Water Well Impacts (California Department of Water Resources, 2022), providing a consistent and transparent approach for responding to domestic well impacts across the Subbasin; and WHEREAS, the Policy establishes procedures for notification, eligibility and mitigation of domestic well impacts, including emergency water supply provisions, well deepening or replacement and measures to address water quality degradation and further provides that the City, retains the authority to determine the most appropriate and feasible mitigation method within its jurisdiction, consistent with the Policy’s intent and applicable regulatory requirements; and
WHEREAS, the Policy further outlines coordination, review, and dispute resolution processes through the Subbasin’s Adaptive Management Framework and Memorandum of Agreement, ensuring fair and consistent implementation among GSAs; and WHEREAS, the Policy is fiscally supported by a $300,000 shared reserve, to be jointly funded by the participating GSAs over three years, and each GSA will bear the cost of mitigation measures within its jurisdiction; and
WHEREAS, adoption of the Domestic Well Mitigation Policy represents a proactive and equitable approach to protecting domestic well users and ensuring the continued sustainability of groundwater resources within the Delta-Mendota Subbasin;
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Patterson GSA hereby approves and adopts the Delta-Mendota Subbasin Domestic Well Mitigation Policy as presented in Attachment A and authorizes staff to coordinate with the DeltaMendota Subbasin Coordination Committee and participating GSAs in its implementation.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute any necessary documents, agreements, or amendments necessary to implement the Policy consistent with the adopted Groundwater Sustainability Plan and Subbasin Memorandum or Joint Powers Agreement.
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 4th day of November 2025, by_______________________, who moved its adoption, which was duly seconded by ________________________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_____________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
_____________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 4th day of November 2025, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
________________________________
City Clerk of the City of Patterson
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ATTACHMENT A
Delta-Mendota Subbasin
Domestic Well Mitigation Policy
Adopted: _______________, 2025
The Groundwater Sustainability Agencies (GSAs) in the Delta-Mendota Groundwater Subbasin (Subbasin) have historically worked with disadvantaged communities to improve drinking water access.
For example, the San Joaquin River Exchange Contractors have provided drinking water to the City of Dos Palos for nearly 100 years, because groundwater extracted in Dos Palos has historically been too salty for potable use. Nonetheless, the GSAs realize more must be done to ensure that domestic well users in the Subbasin do not face undesirable impacts from groundwater level depletion during implementation of the Delta-Mendota Groundwater Sustainability Plan (GSP), in compliance with the Sustainable Groundwater Management Act (SGMA).
This Domestic Well Mitigation Policy (Policy) was developed by the Delta-Mendota Subbasin Coordination Committee considering recommendations found in the following two public documents:
Framework for a Drinking Water Well Impact Mitigation Program (Self Help Enterprises, et al.) and Considerations for Identifying and Addressing Drinking Water Well Impacts (CA Dept. of Water Resources).
Policy Purpose
This Policy will consider impacts to domestic wells, as well as water systems that supply water for domestic or residential use to no more than fourteen (14) service connections, using groundwater wells.
Individual GSAs within the Subbasin may consider including additional well uses within their jurisdictional boundaries.
The purpose of the Policy is to mitigate the effects that may be felt by domestic water users whose wells have gone dry or are in imminent threat of going dry due to groundwater levels dropping as a result of groundwater management in the Subbasin. Subject to specific conditions, this Policy also addresses mitigation for water quality for domestic well users.
Pursuant to the single Subbasin Groundwater Sustainability Plan (GSP), Minimum Thresholds (MTs) for lowering of groundwater levels across the Subbasin are set at 2015 seasonal low groundwater levels.
This means GSAs in the Subbasin are already committed to maintaining groundwater levels above what was measured in 2015 (“The plan may, but is not required to, address undesirable results that occurred before, and have not been corrected by, January 1, 2015.” (CWC §10727.2(b)(4)). Since implementation of the Subbasin’s original GSPs began in 2020, GSAs in the Subbasin have successfully avoided undesirable results that would occur by water levels dropping below 2015 seasonal lows. This Policy is meant to serve as a last line of defense to protect domestic groundwater users in the unlikely event that the Subbasin GSAs’ efforts fail to maintain those groundwater levels above the MTs.
Data from the California Department of Water Resources (DWR) and county records indicates that since 2015, counties within the Delta-Mendota Subbasin have received a total of only 37 well replacement applications.
1 However, as DWR notes on its website, their data comes from self-reporting on DWR’s Dry Well Reporting System, and some GSA representatives receive reports of dry wells directly from users. In these cases, groundwater users were responding directly to GSA representatives, because some GSA members (e.g., water districts and/or irrigation districts) have been engaging in well mitigation 1 California’s Groundwater Live: Well Infrastructure (https://sgma.water.ca.gov/CalGWLive/#wells).
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activities without formal policies or programs in their individual service areas prior to SGMA’s enactment in 2015.
Well replacement applications were identified on the Merced County Environmental Health Department’s list of domestic well permits issued for “out of water” or “low water” wells and on Stanislaus County’s voluntary well reporting system. The applicable counties reported that there were two well permits identified in the Subbasin portion of Fresno County and zero from the Subbasin portion of Madera County. As mentioned above, it is unknown whether this total number includes any dry wells not reported to DWR.
Merced County permits do not disclose whether or not those reported dry wells were “out of water” due to lowered groundwater levels, collapse or other mechanical failure, or some other reason. Of the 12 well permit applications submitted to the Stanislaus County system for the Subbasin since 2015, four were reported as dry wells, six were either undefined or outage reports, and two were other issues including well casing failure and/or sediment intrusion. Of the two replacement well permit applications for the Fresno County portion of the Subbasin, one was an agricultural production well, not a domestic supply well. There is no indication of the reason for the well replacement requests.
In summary, during the last 10 years, fewer than 40 wells across the nearly 1,200 square miles of the Subbasin have been reported dry or applied for replacement. Though it is known that not all of those were drinking water wells, the exact number of drinking water wells replaced since 2015 is unknown due to a lack of information collected on the replacement well permit applications.
Policy Eligibility
This Policy primarily applies to landowners using groundwater for domestic health and safety supply purposes as of November 19, 2024, the date the revised Subbasin GSP was adopted by all GSAs. Though owners of all types of wells are eligible to file for relief under the Policy, relief is not guaranteed and will be subject to analysis by the applicable GSA where a claim for relief is filed and pursuant to the provisions of Executive Order N-3-23. Well owners must participate or agree to participate in a GSA’s Well Registration Policy/Program to be eligible for mitigation, if such a policy exists or is developed.
This Policy does not apply to wells installed after the date of GSP adoption, if the well(s) is/are installed at a screen interval depth shallower than minimum threshold levels or in areas with known degraded water quality conditions, as designated by the applicable GSA.
Public Outreach
Initial stakeholder outreach was conducted during the development of the Policy and the Subbasin single GSP. The Policy was discussed in open and public meetings of the various GSAs and at open and public meetings of the Coordination Committee. A draft of the Policy was posted to the Subbasin’s SGMA website (www.deltamendota.org) as both a separate item and as a part of the draft single GSP. The public was able to submit written comments on the Policy and the single GSP through the website.
This Policy was discussed during public meetings designed to secure input on both the Policy and the single GSP. Both verbal and written comments were accepted at the meetings. The comments received were summarized and published on the Subbasin website. Finally, comments on the Policy, as well as responses from the Subbasin Coordination Committee, were addressed in the adopted single GSP, which contains the Policy.
Discussion of the Policy status and implementation will be placed on the Subbasin Coordination Committee meeting agendas no less than quarterly during GSP implementation. Similarly, the Policy may be placed on each of the Subbasin GSAs’ governing bodies’ agendas at least semi-annually during the first
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year of single GSP implementation. The Policy will be available on the Subbasin SGMA website with relevant information such as electronic instructions for filing an application and a form to submit the application electronically via the website. GSAs may place the Policy on their own websites or have a link on their websites that directs interested persons to the Subbasin SGMA website.
As part of the GSP’s Pumping Reduction Plan (PRP; see Chapter 16 of the GSP), the Subbasin Coordination Committee will review current or projected exceedances of the MT for groundwater levels and water quality reported by GSAs, at regularly scheduled Coordination Committee public meetings. In the event a groundwater level reading or a water quality sample for the GSP’s constituents of concern (COC) at a representative monitoring well (RMW) exceeds its respective MTs as a result of GSA actions and projects, GSAs may contact well users/owners within an up to three (3)-mile radius of the RMW to alert them of the MT exceedance and provide them with information and resources in the event their well is impacted. Each GSA has developed criteria, a notification method, and protocols to address such situations within its jurisdictional boundaries. However, typical templates for such notices are provided as attachments to this Policy. An up to three (3)-mile radius was selected because it is consistent with the average radius of coverage of each RMW in the Subbasin.
If the RMW is near the jurisdictional boundary between two or more GSAs, the GSA where the well is physically located will notify the adjacent GSA(s) of the potential impact to well owners located in that adjacent GSA’s jurisdictional area. The GSAs will cooperate according to the terms of the Adaptive Management Framework in the Subbasin Memorandum of Agreement (MOA) on any costs associated with notification.
Any notification provided to well users/owners pursuant to the above will include information on this Policy and how and where to file a claim for mitigation. Other information that may be included and/or requested in the notification will be determined by the individual GSAs.
Plan Area
For a full description of the Subbasin Plan Area, please refer to GSP Chapter 5, which may also be found at www.deltamendota.org.
Well Completion Report (WCR) records compiled by DWR indicate an estimated 2,295 domestic wells, 81 public supply wells, and 514 other production wells are located in the Subbasin as of November 19, 2024. This DWR dataset is known to have limitations, but is accepted as a conservative estimate of the number of wells installed within the Public Land Survey System (PLSS) sections that fall within the Subbasin. Additionally, this Policy recognizes that it is likely that wells included in DWR’s WCR data set:
• May not currently be in use;
• Are inaccurately located; and/or
• Have inaccurate well construction and/or destruction information.
Given these assumptions and limitations, for the purposes of this Policy, the Coordination Committee conservatively estimates that there are 2,890 wells in the Subbasin as of November 19, 2024. From 2015 to the end of 2024, there have been only 37 known applications for replacement wells in the Subbasin. The reasons for those well replacement applications (e.g., dewatering from over-pumping, mechanical failure, etc.) are unknown.
Monitoring Network
There are 110 wells in the representative monitoring network for water levels for the Subbasin, which the GSAs use to monitor groundwater levels. Of those, 60 wells are in the upper aquifer and 50 wells are in the lower aquifer. There are 85 wells in the representative monitoring network for water quality for the
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Subbasin, which the GSAs use to monitor groundwater quality. Of those, 46 wells are in the upper aquifer and 39 wells are in the lower aquifer. Most rural domestic drinking water wells are assumed to be in the upper aquifer, while most municipal and small water system supply wells are assumed to be in the lower aquifer. Agricultural wells are known to be in both the upper and lower aquifers, with some being “composite” wells (with screen intervals in both the upper and lower aquifers).
The distribution of domestic supply wells across the Subbasin and distribution of the Subbasin’s monitoring network wells provide a suitable framework for evaluating the potential for domestic supply wells to become dewatered due to lowering of groundwater levels or impacted by water quality degradation caused by GSAs’ actions and projects. As previously noted in the “Public Outreach” section of this Policy, the Coordination Committee reviews possible MT exceedances or trends in the representative monitoring network following the requirements of the PRP. This will help GSAs avoid potential dewatering of domestic wells or degrading their water quality beyond MTs within their boundaries as a result of GSA actions and projects.
Using a stochastic predictive modeling process to assess potential well impacts and current MT (2015 water levels) exceedances at 25% of representative monitoring wells, the Subbasin could potentially experience 28 total “production” wells dewatered. That leads to an estimated average of three drinking water wells per year across the Subbasin during implementation of the GSP through 2040. This estimation supports the approximate current number of replacement well permit applications identified in records from the counties in the Subbasin.
Well Mitigation Process – Water Levels
GSAs will conduct public education and outreach to notify landowners as to how and where to file an application for assistance, and the information that the GSA will require to evaluate the mitigation application. Copies of the application form will be included with education and outreach materials.
Upon receiving a completed application, the receiving GSA, or its representative, will conduct a preliminary review of the application to determine completeness. The applicant will be notified within twenty-four (24) hours, and the GSA will subsequently document such notification, if the application is complete or if there is any further information needed to evaluate the application. If deemed complete and appearing to meet all the requirements to receive assistance, the receiving GSA will provide a shortterm emergency water supply to domestic well users as soon as reasonably possible, and will make all reasonable efforts to do so within twenty-four (24) hours of submission of a complete application. Shortterm emergency water supplies shall consist of the delivery of bottled water and, after a site investigation, the delivery and installation of water tanks on a case-by-case basis at the GSA’s discretion; all reasonable efforts made to provide tanked water within seventy-two (72) hours. The GSAs also commit to working with Self Help Enterprises, Valley Water Collaborative, or similar entities, to assist with the feasibility of providing water tanks.
The short-term emergency water supply will be provided by the GSA at the location of the de-watered well. The GSA in which the well is located will be responsible for providing the short-term emergency water supply and the costs for the investigation. However, if it is determined that over-pumping is the result of another GSA, the GSAs will follow the Adaptive Management Framework process regarding cost sharing (Delta-Mendota Subbasin MOA, Article VII, Article X, Article XIII, and/or Exhibit “C”).
The GSA(s) may develop a professional well assessment report including, but not limited to: age of the well; well construction information (including pump depth, screening intervals, and pipe type [material]) and thickness; well maintenance information; indication of past well performance and any recent performance changes; any recent changes in well use or related land use; and, other additional
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information as necessary to determine if the failure is caused by declining water levels and/or GSA projects or groundwater management actions.
The GSA’s preliminary review of a well mitigation application will consist of all of the following:
• A review of well construction information,
• A review of well and pump maintenance records,
• A review of historic water level data for nearby representative monitoring network wells, • A review of nearby known production well information, • A review of nearby land use and any recent land use changes, and/or • An analysis of nearby conjunctive use activity (if known).
If the nearest representative monitoring network well does not represent water level data that can be used as evidence for consideration of the applicant’s claim, a GSA may review additional data from other wells in the monitoring network, or supplemental data from DWR and/or local agencies to support the preliminary review analysis.
If, after completion of the preliminary review, a GSA determines a well is eligible for mitigation, the GSA will measure water levels in the applicant’s well and in representative monitoring wells in the area, and will perform a field investigation. To be eligible for mitigation assistance, the applicant must consent to the field investigation/inspection and execute an appropriate release with the GSA. Failure to consent to the field investigation/inspection and/or execute an appropriate release voids the application for mitigation. The field investigation may include, but is not limited to:
• Removing a pump to measure intake depth, well bottom, and static water level, • Conducting a video log,
• Modifying the wellhead to measure static and pumping level, • Investigating the site for consolidation feasibility, and/or • Investigating nearby land and water use.
The field investigation may show the well as ineligible for mitigation. Such criteria indicating ineligibility include, but are not limited to:
• Pump failure,
• Clogged screens,
• Well pipe and/or casing failure or collapse which are unrelated to lowering groundwater levels or other potential GSA actions,
• Other maintenance-related well or pump issues which are unrelated to lowering of groundwater levels or other potential GSA actions, or
• Normal wear and tear based on the age of the well.
The GSA will notify the applicant if the well is ineligible for mitigation and subsequently document such notification. This finding will also be included in the Subbasin’s Annual Report.
If the applicant desires to appeal the results of the GSA’s investigation, the applicant may do so in writing to the Delta-Mendota Subbasin Coordination Committee. The Coordination Committee shall create an ad hoc committee of no more than three members to review the GSA’s written investigation, obtain additional data if necessary, and either (a) confirm the findings of the GSA, (b) provide guidance to the GSA and request further review by the GSA, or (c) propose to the Coordination Committee that it adopts its own findings. If the Coordination Committee chooses to adopt its own findings and recommendations, those shall be binding upon the GSA, to the extent allowed by the Memorandum of Agreement.
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If, after the field investigation, a GSA determines a well is eligible for mitigation, the GSA will work with the well owner/landowner on a solution appropriate for the site (each, a “Mitigation Measure”). Such Mitigation Measures may include, but are not limited to, the following:
• Lowering the well pump or otherwise modifying pump equipment, • Deepening the well if the existing well has an open bottom, • Installing a new well,
• Assisting landowner with facilitating a connection to an existing municipal or community water system or other water supply, if feasible, or
• Other appropriate mitigation as may be agreed to by both parties.
If the applicant disagrees with the proposed Mitigation Measure(s), a technically qualified third party agreed to by the GSA and applicant may facilitate and recommend a mutually agreeable Mitigation Measure(s). The GSA has the right to identify which Mitigation Measure(s) is optimal on a case-by-case basis. The technically qualified third party’s role is to provide a recommendation. The appropriate GSA Board and/or Manager shall approve the application before any well mitigation (other than provision of emergency drinking water) begins.
The applicant must sign a Mitigation and Indemnification (MI) Agreement prior to the GSA commencing the Mitigation Measure. Terms of the MI Agreement will depend on the nature of the Mitigation Measure provided. New wells will be required to meet state and county well drilling standards and comply with Executive Order N-3-23. In order to be eligible for mitigation from a GSA, the MI agreement may stipulate minimum criteria in addition to state and county requirements for new wells as they apply to GSA review and the opinion granted under EO N-3-23. Criteria may include well construction materials, minimum depth beyond 2015 seasonal low groundwater level measurements, and/or screening interval levels, among other potential criteria.
At its discretion and in the event a new well is installed as mitigation for a failed well, the GSA may choose to convert the abandoned well into a monitoring well. Such provision(s) may be included in the MI Agreement and agreed to by both parties. In such a case, the MI Agreement shall grant access by the property owner to the GSA for the monitoring well for SGMA data gathering and compliance activities, and ownership of the abandoned and converted monitoring well will revert to the GSA. Terms and conditions for access to the monitoring well may be negotiated between the GSA and the well’s former owner.
If the well will be abandoned as part of a Mitigation Measure agreed to by the GSA and will not be converted to a monitoring well under SGMA, the cost for sealing/destroying the well shall be borne by the GSA as part of the Mitigation Measure.
Water Quality Mitigation
The Delta-Mendota Subbasin is known to have widespread degraded water quality due to naturally occurring conditions (i.e., geology). As such, in coordination with the State Water Resources Control Board (SWRCB), the Delta-Mendota Subbasin GSAs have identified six COCs for consideration in the Basin’s GSP development and implementation: Total Dissolved Solids (TDS), Nitrate, Gross Alpha, Chromium VI, Arsenic, and 1,2,3-Trichloropropane (TCP).
The GSAs have identified the following conditions under which domestic well mitigation for water quality and related actions will occur.
• Condition 1. If groundwater levels remain above the MTs, which are set at 2015 levels, then additional water quality mitigation beyond what is currently committed to in the GSA’s respective PRPs is not required, except pursuant to Condition 2.
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• Condition 2. If a GSA’s implementation of Projects or Management Actions (P/MAs) to achieve sustainability causes water quality degradation beyond the water quality MTs at a domestic well for Nitrate, Gross Alpha, Chromium VI, Arsenic, or 1,2,3-TCP (as determined based on the monitoring and management processes laid out in the applicable PRP and the Basin MOA), then the GSAs will mitigate the impacted domestic well. Impacts from TDS will be addressed through the complementary CV-Salts program, as detailed in the Memorandum of Understanding with Valley Water Collaborative (VWC MOU).
• Condition 3. If groundwater levels decline below the MTs, which are set at 2015 levels, and this causes water quality degradation beyond the water quality MT at a domestic well for Gross Alpha, Chromium VI, Arsenic, or 1,2,3-TCP (as determined based on the monitoring and management processes laid out in the applicable PRP and Basin MOA), then the GSAs will mitigate the impacted domestic well. Impacts from Nitrate and TDS will be addressed through the complementary CV-Salts program, as detailed in the VWC MOU. • Condition 4. If groundwater levels remain above MTs, which are set at 2015 levels, the GSAs will continue to implement the PRPs which include monitoring, management and mitigation commitments, including evaluation of water level and water quality trends to proactively address and avoid water quality impacts to domestic wells from GSA P/MAs.
The application, review, and field investigation process for water quality mitigation shall follow the same procedures established in the Well Mitigation Policy for water levels, including submission requirements, field access and consent, investigation protocols, eligibility criteria, and documentation of findings. GSAs retain the authority to conduct technical investigations consistent with their jurisdictional responsibilities and to determine eligibility for water quality mitigation in accordance with this Policy.
Any short-term or emergency water supply associated with a water quality impact will be provided in accordance with the timelines and procedures outlined in the Well Mitigation Policy for Water Levels.
The right to appeal, the formation and function of an ad hoc committee by the Coordination Committee, and the process for binding decisions shall also apply to water quality mitigation determinations.
Pursuant to the PRPs and the Basin MOA, technical analysis regarding causality will be conducted on behalf of the GSA by a qualified technical professional using statistical and/or field verification and/or modeling approaches. Findings will be presented to the Coordination Committee (or designated subcommittee) for review and concurrence.
If the findings of the technical analysis determine that the water quality impacts in a domestic well were caused by GSA P/MAs, the applicable GSA will fund a total not to exceed cost of $2,500 per impacted domestic well for the installation of a point-of-use reverse osmosis system and up to three (3) years of filter replacements, or other mutually agreed alternative including but not limited to providing bottled water or connection to another existing water system, pursuant to the MI Agreement described above.
The applicant must sign a MI Agreement prior to the GSA commencing the Mitigation Measure. The current Well Mitigation Fund (which requires replenishment of any used funds) will also be used to support such water quality mitigation.
GSAs in the Delta-Mendota Subbasin desire to mitigate/compensate for legitimate impacts resulting from GSA management actions failing to maintain water levels at or above 2015 seasonal lows. As noted in the “Plan Area” section of this Policy, a total of only 37 replacement well applications were received by counties in the Subbasin since 2015. However, it is unknown how many of those wells, if any, were dewatered due to the groundwater levels falling below 2015 seasonal low levels, or how many of those are wells for domestic use.
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Individual GSAs will fund the mitigation of wells within their boundaries upon determining whether Mitigation Measures pursuant to this Policy are appropriate and justified as detailed in the “Well Mitigation Process” section. In some cases, where historical wells are impacted, adjustments may be made for equipment depreciation. All costs to mitigate claimed impacts at a well site will be initially allocated to the applicable GSA where the well is located.
In the event of interbasin or intra-basin disagreements for determining responsibility for dewatering of a domestic well, Subbasin GSAs shall follow the Adaptive Management Framework processes as outlined in the executed MOA, including Article VII, Article X, Article XIII, and/or Exhibit C therein.
Though the stochastic predictive modeling indicates no more than three domestic wells in the Subbasin will be dewatered annually due to groundwater management activities, GSAs in the Subbasin will establish a common financial account sufficient to annually mitigate ten (10) domestic wells. A limit of ten (10) wells annually was selected because it reflects the undesirable result for lowering of groundwater levels in the GSP.
Not all GSAs in the Subbasin have domestic wells located within their jurisdictional areas. However, the seven GSA groups that are represented on the Delta-Mendota Subbasin Coordination Committee agree to equally fund a common account to a total of $300,000. 2 Costs to fund this reasonably prudent reserve
will be split based on Coordination Committee costs identified in the MOA and will be funded over three (3) years (i.e. $100,000 per year, until the fund reaches $300,000). Funds from the common financial account may be used only for approved Mitigation Measure costs. GSAs receiving funds will be required to repay the total amount withdrawn.
Subject to the provisions in the previous section (Well Mitigation Process), individual GSAs will be responsible for all other costs for implementing this Policy, including but not limited to: preliminary review, a professional well assessment report, a field investigation, and/or emergency water supply expenses. Specific escrow instructions for use of the common account will be developed.
Other Resources
If an application requires immediate action, qualifies only for partial mitigation, or receives no mitigation by a GSA, there are other programs that may assist well owners, especially for rural domestic/de minimus wells.
• Self Help Enterprises has a water sustainability program that includes tank water access, domestic well repair or replacement, and water system connections. Their services are free, based on income eligibility and other qualifications. They may be contacted at 1-559-802-1865 or visit their website at https://www.selfhelpenterprises.org/programs/emergency-services/watersustainability/. • California’s Office of Emergency Services recommends residents contact their County Office of Emergency Services to begin the process of seeking assistance with drinking water wells that go dry.
• The State Water Resources Control Board manages the Safe and Affordable Funding for Equity and Resilience (SAFER) Program. The SAFER Program provides assistance with interim drinking water supplies, emergency repairs, technical assistance, administrators, planning, operations and maintenance and construction projects via various funding sources. 2 Recent (5/2/2024) cost estimates for domestic well replacement vary from a low of less than $15,000/well up to $30,000/well.
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• Additionally, the GSAs in the Subbasin will commit to working with the existing coalitions and drainage authorities who provide support to domestic well owners whose wells are negatively impacted by water quality degradation.
Summary
This Well Mitigation Policy formalizes a process that landowners and GSAs in the Subbasin have voluntarily subscribed to, in some cases for over 100 years. GSA members do not want the wells of their constituents, employees, neighbors, friends, and families to go dry or otherwise be impacted. That is why GSAs in the Subbasin are committed to keeping groundwater levels above 2015 historic low levels.
This Policy describes the process well owners can follow to apply for mitigation/assistance if their wells go dry or have water quality impacts due to projects or groundwater management actions of the GSAs under SGMA. It specifies the process GSAs across the Subbasin may follow if there are indications that a representative monitoring well is nearing MTs, and the process GSAs and well owners will follow in the event a drinking water well goes dry or has a water quality impact for specific COCs.
As previously noted, since 2015, only 37 replacement well applications were received across the Subbasin.
County records do not indicate whether wells were replaced due to groundwater levels falling or for other reasons. GSAs in the Subbasin are committed to eliminating the need for this Policy by maintaining groundwater levels above 2015 thresholds and managing the Subbasin’s groundwater sustainably.
Domestic well owners are encouraged to be aware of information on local groundwater conditions as provided by local GSAs and the State of California. In particular, DWR has a website dedicated to keeping domestic well owners informed about resources needed to maintain and protect domestic water supply. This includes information about well maintenance and other assistance via DWR’s “Be Well Prepared” website, which can be found at the following link: Be Well Prepared (ca.gov).
The Delta-Mendota Subbasin Coordination Committee shall review this Policy at least every five (5) years.
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CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: William Barrera, Interim Public Works Director
MEETING DATE: November 4, 2025
ITEM NO: 5
SUBJECT: Approval of Surplus City Vehicles FY 2025/2026
RECOMMENDATION
Motion to Approve of surplus City vehicles FY 2025/2026.
BACKGROUND
The vehicles listed below are at the end of their service life and are ready for surplus. Pending Council approval, the following list of items will be sent to Auction, sold, or disposed of, as it has been the City’s standard practice.
Vehicle Description VIN/SERIAL No. License # Mileage
(6) 2006 Chevrolet Silverado 1GBHC24UX6E130032 1239006
(72) 2001 Valve Exerciser Trailor N/A/ N/A N/A
1. (6) Vehicle has become unable to be repaired and cannot pass smog. Vehicles have been replaced.
2. (72) Trailer has undergone wear and tear from weather and use.
ANALYSIS
Once Council approval is received on all the items listed above, staff will prepare all items for surplus. Vehicles are replaced using age and mileage criteria. Vehicles are categorized as end of service life when they reach 15 years, or they have reached 100,000 miles. These vehicles have surpassed the 15 years and mileage criteria to be placed on the surplus and replacement list. New State Advanced Clean Fleets Regulations require internal combustion engines to be removed from the fleet after the “useful life” has been met at 18 years. At this time, these vehicles are subject to repairs and discontinued parts that would render the vehicle unusable while waiting for parts and repair and/or cannot be repaired. These instances may adversely affect the Public
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Works Department divisions in their daily maintenance and response to submitted work orders from the residents.
FISCAL IMPACT
The revenue received from the surplused assets will be returned to the Fund(s) that originally purchased the asset and will become available to appropriate in said Fund(s) once received.
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CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: November 4, 2025
ITEM NO: 6
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 869 Reading by Title Only, Waving Further Readings, an Ordinance of the City Council of the City of Patterson amending Sections 2.40.030, 2.48.030, and 2.50.040 of the Patterson Municipal Code to Exclude City Employees and Staff from Serving on Committees and Commissions.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 869 Reading by Title Only, Waving Further Readings, an Ordinance of the City Council of the City of Patterson amending Sections 2.40.030, 2.48.030, and 2.50.040 of the Patterson Municipal Code to Exclude City Employees and Staff from Serving on Committees and Commissions.
BACKGROUND
Motion to Approve Second Reading of Ordinance No. 869, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 869, Reading by title only, waiving further reading.
ANALYSIS
On October 21, 2025 the City Council approved the First reading and Introduction of Ordinance No. 869 in regard to amending Sections 2.40.030, 2.48.030, and 2.50.040 of the Patterson Municipal Code to Exclude City Employees and Staff from Serving on Committees and Commissions. Staff is now requesting for the City Council to approved the second reading and adoption of Ordinance No. 869, with no changes as presented and hereto attached.
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ORDINANCE NO. 869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON, AMENDING SECTION 2.40.030, MEMBERS, OF CHAPTER 2.40 PLANNING COMMISSION; SECTION
2.48.030, MEMBERS, OF CHAPTER 2.48, ECONOMIC STRATEGIC COMMISSION; AND SECTION 2.50.040, MEMBERS, OF CHAPTER 2.50, PARKS, RECREATION, AND BEAUTIFICATION COMMISSION, OF TITLE 2, ADMINISTRATION AND PERSONNEL, OF
THE PATTERSON MUNICIPAL CODE TO EXCLUDE CITY EMPLOYEES AND STAFF
FROM PARTICIPATING IN CITY COMMITTEES OR COMMISSIONS, AND TO ESTABLISH
COUNCIL PARTICIPATION IN INTERVIEW PANELS FOR COMMISSION CANDIDATES WHEREAS, the City of Patterson (“City”) is committed to ensuring that its City commissions and committees operate in an ethical and impartial manner; and WHEREAS, City employees and staff members have a unique position of trust and responsibility within City government; and
WHEREAS, there is a possibility for potential conflicts of interest between City staff members serving on City commissions and their official duties as City employees; and WHEREAS, it is in the best interest of the City to limit the potential for conflicts of interest and to promote transparency and accountability in its decision-making processes; and WHEREAS, the City Council has determined that prohibiting City staff members from serving on City commissions and committees as voting members is necessary to achieve these goals; and WHEREAS, the City Council has also determined that limiting the number of committees and commissions any individual can serve on will help encourage wider public participation; and WHEREAS, the Patterson Municipal Code sets forth the candidate qualifications for each of the City’s commissions and committees, including the Planning Commission; the Economic Strategic Commission; and the Parks, Recreation and Beautification Commission; and WHEREAS, the existing Parks, Recreation, and Beautification Commission ordinance prohibits only City staff from serving as Chair, but the City Council finds it necessary to expand this prohibition to include serving in any capacity as a member, and to apply this restriction uniformly across all City boards, commissions, and committees; and WHEREAS, the Patterson City Council seeks to adopt an ordinance amending Sections 2.40.030(B),
2.48.030(I), and 2.50.040(I) of the Patterson Municipal Code to restrict City employees and staff from serving on the enumerated committees and commissions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
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SECTION 1. Section 2.40.030(B) of Chapter 2.40, Planning Commission, of the Patterson Municipal Code shall be amended to read as follows:
2.40.30 Members.
B. Each commission member shall be a resident of the City. Both City employees and staff, whether they are compensated or serve as a volunteer, and City officers, whether they are elected or appointed, shall not be eligible for membership on the Planning Commission. A commission member may only serve on one City commission or committee at a time.
SECTION 2.Section 2.48.030(I) of Chapter 2.48, Economic Strategic Commission, of the Patterson Municipal Code shall be amended to read as follows:
2.48.030 Members.
I. Qualifications. Each commissioner shall have a basic knowledge of economic development and shall have a strong desire to be active in the work of the commission. Each commission member shall be a resident of the City. Both City employees and staff, whether they are compensated or serve as a volunteer, and City officers, whether they are elected or appointed, shall not be eligible for membership on the Economic Strategic Commission. A commission member may only serve on one City commission or committee at a time.
SECTION 3. Section 2.50.040(I) of Chapter 2.50, Parks, Recreation and Beautification Commission, of the Patterson Municipal Code shall be amended to read as follows:
2.50.040 Members.
I. Each commission member shall be a resident of the City. Both City employees and staff, whether they are compensated or serve as a volunteer, and City officers, whether they are elected or appointed, shall not be eligible for membership on the Parks, Recreation and Beautification Commission in any capacity, including as Chair or general member. A commission member may only serve on one City commission or committee at a time.
The city recreation and community services director or his or her designee shall be an ex officio member of the commission with no voting power. The public works director or his or her designee shall be an ex officio member of the commission with no voting power.
SECTION 4. All other City committees not otherwise codified in the Patterson Municipal Code, including but not limited to the Public Safety Committee, Downtown Revitalization Committee, and the Senior Center Board of Directors, shall have the following membership requirements:
Each committee member shall be a resident of the City. Both City employees and staff, whether they are compensated or serve as a volunteer, and City officers, whether they are elected or appointed, shall not be eligible for membership on a City committee or board in any capacity. A committee member may only serve on one City commission or committee at a time.
SECTION 5. The City Council hereby establishes that the interview panel responsible for reviewing and recommending candidates for appointment to City boards, commissions, and committees shall consist of the Mayor and one City Councilmember, to serve on a rotating basis. The rotation schedule and selection
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of the participating Councilmember shall be determined by the City Council and coordinated by the City Clerk’s Office.
SECTION 6. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 7. This Ordinance shall be published by one insertion in The Patterson Irrigator, a newspaper of general circulation, printed and published in the City of Patterson, within fifteen (15) days after its final passage and shall take effect, and be in force, thirty (30) days after its final passage.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 21st day of October 2025, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of ________, 2025, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
____________________________
Aracely Alegre
City Clerk of the City of Patterson
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CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: November 4, 2025
ITEM NO: 7
SUBJECT: Adopt Resolution No. 2025-61 Approving the Settlement Agreement Between the City of Patterson and VOP North LLC for Reimbursement of the Mejia Property Public Improvements in the Villages of Patterson Development.
RECOMMENDATION
Motion to Adopt Resolution No. 2025-61 Approving the Settlement Agreement Between the City of Patterson and VOP North LLC for Reimbursement of the Mejia Property Public Improvements in the Villages of Patterson Development.
BACKGROUND
On December 12, 2006, the Patterson City Council adopted Resolution No. 2006-122 approving a Combined Preliminary and Final Development Plan and other entitlements for the project known as the Villages of Patterson, which is comprised of approximately 692 gross acres located south of Eucalyptus Avenue, east of State Highway 33, west of Sycamore Avenue, and north of Walnut Avenue (the “Villages Project”).
On December 19, 2006, the City Council adopted Ordinance No. 681 approving a Development Agreement for the Villages Project (the “DA”). VOP North LLC (“VOP North”) is an owner and developer of certain parcels within the Villages Project including the property known as Assessor’s Parcel Number 047-031-013 (the “Mejia Property”). As a developer of the Villages Project, VOP North is a party to the DA and is subject to its benefits and obligations.
VOP North constructed certain public improvements as part of the development obligations for the Mejia Property which are reimbursable from “CFD 2018-1” (the infrastructure CFD formed for the Villages Project), further described as follows:
Surface improvements along Sycamore Avenue, approximately 660-linear feet between
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Walnut Ave and Somerset Lane, including the following: rough grading and finish grading; concrete sidewalks, curb and gutter; median curbs; moisture barrier behind median curb and curb/gutter; 4” Hotmix asphalt/20” aggregate base; aggregate base shoulder
Upon constructing the public improvements, VOP North subsequently requested reimbursement from the City through CFD 2018-1. Under dispute between the parties is the timing at which reimbursement is due to VOP North, based on the provisions of the DA and the priority of public improvements to be financed by CFD 2018-1.
As described in the Settlement Agreement, the City acknowledges the reimbursement obligation to VOP North, but disputes the timing at which point the reimbursement obligation is due. To resolve the dispute, the Settlement Agreement is before the Council for approval.
DISCUSSION
The terms of the Settlement Agreement are as follows:
The City shall pay VOP North a total sum of Two Hundred Seventy-Seven Thousand Eight Hundred Six and 39/100 Dollars ($277,806.39) (“Reimbursement Payment”). The Reimbursement Payment is based on the total cost of the Mejia Property public improvements ($437,500.00), reduced by the outstanding funding account balance of VOP North owed to the City ($159,693.61) (i.e., $437,500.00 - $159,693.61 = $277,806.39).
The Reimbursement Payment shall constitute payment of the full CFD 2018-1 monies owed to VOP North for the Mejia Property public improvements. The total cost of the Mejia Property public improvements is confirmed to have been reviewed by the City Engineer.
As noted in the payment provision above, the outstanding funding account balance of VOP North ($159,693.61) is factored into the Reimbursement Payment that will be made to VOP North. VOP North reserves the right, however, to further contest the outstanding funding account balance based on its review of the charges and accounting associated with VOP North’s project account.
VOP North irrevocably grants all of its right, title, and interest in a sum equal to the Reimbursement Payment amount from CFD 2018-1 to the City. VOP North agrees to release all claims, know or unknown, against the City related to this reimbursement dispute.
FISCAL IMPACT
Upon execution of the Settlement Agreement, the City will pay VOP North the Reimbursement Payment, and VOP North will no longer be eligible to receive reimbursement for the Mejia Property public improvements from CFD 2018-1. Payment will be made to VOP North from the City’s General Fund, which will be reimbursed in the future when funds are available in CFD 2018-1.
ALTERNATIVE ACTIONS
The City Council may:
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1. Adopt Resolution No. 2025-61 Approving the Settlement Agreement between the City and Developers; or
2. Reject the proposed Resolution No. 2025-61; or
3. Continue the matter to a future meeting of the City Council and provide further direction to staff.
ATTACHMENTS
1. City Council Resolution No. 2025-61
EXHIBIT A: Settlement Agreement
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RESOLUTION NO. 2025-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
APPROVING THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF
PATTERSON AND VOP NORTH LLC FOR REIMBURSEMENT OF THE MEJIA
PROPERTY IMPROVEMENTS IN THE VILLAGES OF PATTERSON
DEVELOPMENT
WHEREAS, on December 12, 2006, the Patterson City Council adopted Resolution No. 2006- 122 approving a Combined Preliminary and Final Development Plan and other entitlements for the project known as the Villages of Patterson, which is comprised of approximately 692 gross acres located south of Eucalyptus Avenue, east of State Highway 33, west of Sycamore Avenue, and north of Walnut Avenue (the “Villages Project”); and WHEREAS, on December 19, 2006, the City Council adopted Ordinance No. 681 approving a Development Agreement for the Villages Project (the “DA”); and WHEREAS, within the bounds of the Villages Project is a property known as Assessor’s Parcel Number 047-031-013 referred to herein as the “Mejia Property”; and WHEREAS, VOP North LLC (“VOP North”), as the owner and developer of certain parcels within the Villages Project, including the Mejia Property, is a party to the DA and is subject to its benefits and obligations; and
WHEREAS, the DA requires developers, including VOP North, to participate in the construction of public facilities improvements for development of the Villages Project; and WHEREAS, in accordance with the obligations under the DA, on October 16, 2018, the City formed “CFD 2018-1” to finance construction of certain improvements and facilities that are required to serve the Villages Project; and
WHEREAS, VOP North completed the construction of certain public improvements with development of the Mejia Property and has submitted a request to the City, along with all required documentation, to be reimbursed for the costs of these improvements; and WHEREAS, VOP North maintains that it has satisfied its obligation under the DA, and is therefore entitled to payment of its portion of funds owed to it from CFD 2018-1 as reimbursement for construction of the Mejia Property public improvements; and WHEREAS, the City acknowledges the reimbursement obligation, but disputes the timing at which point the reimbursement obligation is due; and
WHEREAS, to resolve the reimbursement dispute, the City and VOP North have negotiated a settlement agreement to set forth the terms of payment of the Reimbursement Obligation (the “Settlement Agreement”).
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NOW, THEREFORE, BE IT RESOLVED by the City of Patterson City Council that the City Council hereby approves and authorizes the City Manager to execute the Settlement Agreement, attached and incorporated hereto as Exhibit A. Any further modifications to the Settlement Agreement shall be subject to approval by the City Attorney.
The foregoing resolution was adopted by the City Council at a regular meeting held on November 4, 2025, by __________________________, who moved its adoption, which motion was duly seconded by ________________________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 19th day of November 2024, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
___________________________________
City Clerk of the City of Patterson
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EXHIBIT A
Settlement Agreement
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Settlement and Release Agreement
City of Patterson and VOP North, LLC
4900-9969-2647, v. 1
SETTLEMENT AND RELEASE
THIS SETTLEMENT AND RELEASE AGREEMENT (“Agreement”) is made and entered into between the City of Patterson (“City”), a California municipal corporation and VOP North, LLC, a California limited liability company (“VOP North”). The City and VOP North may each be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A. On December 12, 2006, the Patterson City Council adopted Resolution No. 2006- 122 approving a Combined Preliminary and Final Development Plan (the “Development Plan”) and other entitlements for the project known as The Villages of Patterson, which is comprised of approximately 692 gross acres located south of Eucalyptus Avenue, east of State Highway 33, west of Sycamore Avenue and north of Walnut Avenue (the “Project”).
B. On December 19, 2006, the City Council adopted Ordinance No. 681 approving a Development Agreement for the Project (the “DA”).
C. The DA divides the Project into four (4) quadrants, with the southeastern quadrant of the Project located south of Olive Ave., west of Sycamore Ave, east of Hartley St., and north of Walnut Ave. (“VOP Area 1”).
D. Within the bounds of VOP Area 1 is that property most commonly known as Assessor’s Parcel Number 047-031-013 and referred to herein as the “Mejia Property.” E. The DA requires developers, including VOP North, to participate in the construction of public facilities improvements as defined by the DA and listed in Exhibit D-1 attached thereto (the “Public Facilities Improvements”) which benefit VOP Area 1.
F. Section 3.2 of the DA obligates the City to take all actions reasonably necessary to allow the formation of one or more financing districts for the purpose of financing the Public Facilities Improvements.
G. In accordance with the obligations under the DA, on October 16, 2018, the City formed “CFD 2018-1” to finance construction of certain improvements and facilities that are required to serve the Project.
H. The construction of certain public improvements for development of the Mejia Property has been completed by KB Home North Bay, LLC (“KB”), as further described in Exhibit A attached and incorporated hereto (the “Mejia Improvements”).
I. KB and VOP North entered into an agreement wherein the parties agreed that KB would construct the Mejia Improvements and VOP North would retain its right to the CFD 2018- 1 funds which would be paid for the construction thereof. In accordance with the agreement between KB and VOP North, VOP North has submitted a request to the City, along with all required documentation, to be reimbursed for the costs of the Mejia Improvements.
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J. VOP North maintains that it has satisfied its obligation under the DA, and it is therefore entitled to payment of its portion of funds owed to it from CFD 2018-1 as reimbursement for VOP North’s construction of the Mejia Improvements (the “Reimbursement Obligation”).
K. The City acknowledges its Reimbursement Obligation but disputes any interpretation of the DA that requires payment of the CFD funds within a specific timeframe, or prior to the issuance of bond proceeds from CFD 2018-1, which is the reimbursement mechanism the City intends to utilize for payment (the “Reimbursement Dispute”).
NOW, THEREFORE, in consideration of the foregoing recitals, the promises and the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each Party, each Party to this Agreement hereby agrees as follows:
AGREEMENT
1. Recitals. The recitals set forth above are incorporated herein by this reference and made part of this Agreement. In the event of any inconsistencies between the recitals and Sections 1 through 21 of this Agreement, Sections 1 through 21 of this Agreement will prevail.
2. Effective Date. This Agreement shall become effective on the date that this Agreement has been executed by both the City and VOP North (the “Effective Date”).
3. Payment of the Reimbursement Obligation
(a) Payment. The City shall pay VOP North a total sum of Two Hundred Seventy-Seven Thousand Eight Hundred Six and 39/100 Dollars ($277,806.39) (“Reimbursement Payment”). The Reimbursement Payment is based on the total cost of the Mejia Improvements ($437,500.00), reduced by the outstanding funding account balance of VOP North owed to the City ($159,693.61) (“Funding Account Balance”) (i.e., $437,500.00 - $159,693.61 = $277,806.39). The Reimbursement Payment shall constitute payment of the full CFD 2018-1 monies owed to VOP North for the Mejia Improvements.
(b) City Approval of Costs. The City acknowledges and agrees that VOP North has already provided documentation of all actual costs and proof of payment associated with the Mejia Improvements subject to reimbursement. The City further acknowledges and agrees that such costs and proof of payment have been reviewed and approved by the City Engineer. As such, the City shall issue payment of the Reimbursement Payment within thirty (30) days of the Effective Date.
(c) The City’s payment of the Reimbursement Payment pursuant to the terms of this Agreement shall constitute full consideration, satisfaction, release and discharge of any claims against the City arising out of, relating to, or
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otherwise concerning the City’s reimbursement obligations to VOP North for the Mejia Improvements.
(d) The City’s use of the funding account deduction as a component of the Reimbursement Payment does not waive VOP North’s right to dispute any invoiced balance established through the funding agreement for the Project or the outstanding Funding Account Balance as of the date of this Agreement. VOP North expressly reserves the right to challenge the invoiced amounts and the City’s accounting of the outstanding Funding Account Balance which was used to determine the Reimbursement Payment as a result of the funding account deduction described herein. To the extent it is found that VOP North did not owe the entirety of the outstanding Funding Account Balance, VOP North expressly reserves the right to reimbursement for any amount in excess of what was actually owed at the time of this Agreement.
4. Assignment of Right to Recover the Reimbursement Obligation from CFD 2018-1 to City. For and in consideration of the City’s payment of the Reimbursement Payment to VOP North, VOP North irrevocably grants, transfers, assigns and delivers to the City, without recourse to VOP North, all of VOP North’s right, title, and interest in and to a sum equal to the Reimbursement Payment from CFD 2018-1 (the “CFD Assignment”). The City hereby irrevocably assumes and accepts all of VOP North’s rights, title, and interest in and to the CFD Assignment.
VOP North represents and warrants to the City that VOP North (a) is duly organized and validly existing under the laws of its jurisdiction of organization or incorporation; (b) is in good standing under such laws; (c) has full power and authority to execute, deliver, and perform its obligations under this Agreement; and (d) has not previously conveyed, assigned, or transferred any rights and duties assigned by VOP North pursuant to this Agreement.
VOP North and the City hereby covenant that they will, upon reasonable request of the other Party, take, do, execute, acknowledge, or deliver any other acts, documents, or instruments as may be necessary or advisable in order to complete, effect, or perfect the assignment to the City of the right, title and interest in the CFD Assignment contemplated by this Agreement.
5. Satisfaction and Release.
(a) Satisfaction of Reimbursement Dispute. Performance of the mutual obligations provided in this Agreement, specifically timely payment by the City to VOP North of the Reimbursement Payment, as provided herein shall fully satisfy any and all obligations the Parties may owe to each other related to the Mejia Improvements.
(b) Full Release Effective Upon VOP North’s Receipt of the Reimbursement Payment in Full. For and in consideration of the City’s payment of the Reimbursement Payment to VOP North, VOP North, including its employees, officers, agents, directors, and elected and
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appointed officials, agree to release, hold harmless, acquit and discharge the City from any and all past, present, or future claims, demands, liens, obligations, rights, actions, causes of action, loss of profits, or damages arising from the Reimbursement Dispute.
6. No Admission by Signatory Parties. Each Party affirms that entry into this Agreement is not an admission of liability or fault in reference to any alleged or asserted facts, legal contentions, and occurrences in any way related to the Reimbursement Dispute. Neither this Agreement, nor any information contained in or submitted under this Agreement, nor any action taken by any Party pursuant to this Agreement shall constitute, be interpreted, construed, or used as evidence of any admission of liability, law, or fact, against any Party by any other Party as amongst themselves or by any person or entity not a Party, except that this Agreement may be used to enforce the terms of this Agreement.
7. Waiver of Unknown Claims. Each Party acknowledges that it may hereafter discover facts different from or in addition to those it now knows or believes to be true with respect to the matters released herein and agrees that all of the terms of this Agreement shall and will remain effective in all respects, regardless of such different or additional facts which may be learned. Subject to the rights and obligations of the Parties set forth in this Agreement, each Party understands and acknowledges that California Civil Code section 1542 speaks in terms of general releases. Civil Code section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE
AND THAT IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH DEBTOR OR RELEASED PARTY.
To the extent that Civil Code section 1542 may be applicable to special or specific releases, each Party hereby expressly waives any and all rights it may have under Civil Code section 1542. The Parties specifically do not waive any continuing rights, duties, or obligations related to this Agreement or unrelated to the subject of this Agreement, and do not waive any claims arising from matters outside the scope of this Agreement, or other contract, relationship, or obligation between the Parties.
Each Party understands that upon the City’s timely payment to VOP North and VOP North’s receipt of the Reimbursement Payment, each Party is releasing all claims and causes of action relating to the damages arising out of the Reimbursement Dispute, and the claims and allegations that gave rise to it, in any and every way, including those unknown or unforeseeable at this time, which each Party has now or may arise in the future. Each Party hereby declares and represents that the losses, damages or injuries sustained are or may be permanent or progressive and that recovery therefrom is uncertain and indefinite in making this Agreement. Accordingly, each Party relies wholly upon its individual judgment, belief and knowledge of the nature, extent and duration of said injuries and liability therefor, and it is further understood and agreed that this Agreement
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is made without reliance upon any statement or representation of the Parties hereby released or their representatives.
___________________ _________________
City’s Initials VOP North’s Initials
8. Authority. All Parties executing this Agreement warrant and represent that they have the power and authority to enter into this Agreement on behalf of the Parties. Each Party has participated fully in the review of this Agreement. Each Party acknowledges that it has entered into this Agreement voluntarily, on the basis of their own judgment and without coercion, and not in reliance on any promises, representations, or statements made by the other Party other than those contained in this Agreement. The Parties agree that they each have had the opportunity to participate in the preparation, negotiation, review, and approval of this Agreement fully and equally. The terms of this Agreement will be construed as if prepared by all Parties.
9. Faithful Performance. The Parties agree to execute any additional documents and communications reasonably necessary to effectuate the intent and purpose of this Agreement without unreasonable delay.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of each Party’s respective heirs, successors, and assigns.
11. Assignment. Each Party’s rights under this Agreement may not be assigned without the express written consent of the other Party, which consent may be given only in accordance with applicable law.
12. Noninterference. Neither Party shall do anything to interfere with or inhibit the ability of the other to comply with their respective obligations under the terms of this Agreement.
13. Time of Essence. Time is of the essence for this Agreement and each section contained within and each section is made and declared to be a material, necessary, and essential part of this Agreement.
14. Modifications. All modifications of this Agreement must be in writing and signed by each Party or an authorized representative of each Party.
15. Severability of Agreement. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, including the payment by the City to VOP North of the Reimbursement Payment, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein.
16. Equitable Remedies. The Parties agree that the rights, privileges, and interests that fall within this Agreement are unique, and any violation of this Agreement may result in irreparable
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harm and injury to the other Party. The Parties specifically agree that the either Party may enforce the terms of this Agreement through appropriate injunctive relief, specific performance, or other equitable relief.
17. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the Reimbursement Dispute in its entirety and supersedes any other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. The Parties hereby merge and integrate into this Agreement their prior and contemporaneous conversations, negotiations, and possible or alleged agreements regarding the Reimbursement Dispute and any part of it since its inception.
18. Notices. Any notice or communication required hereunder between the City and VOP North must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to the City: City of Patterson
1 Plaza
P.O. Box 667
Patterson, CA 95363
Attn: City Manager
with copy to: White Brenner LLP
1608 T Street
Sacramento, CA 95811
Attn: Nubia I. Goldstein
If to VOP North: Willie Traina
P.O. Box 157
Patterson, CA 95363
Email: [email protected]
David Polatick
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City of Patterson and VOP North, LLC
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660 Third Street, Suite 150
San Francisco, CA 94107
Email: [email protected]
with copy to: Newman-Romano, LLC
1034 12th Street
Modesto, CA 95354
Email: [email protected]
19. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
20. Venue. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, venue for all such proceedings shall be in the Superior Court of California in and for the County of Stanislaus.
21. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought by either Party to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's 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.
[SIGNATURES ON FOLLOWING PAGE]
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Settlement and Release Agreement
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IN WITNESS WHEREOF, this Agreement has been entered into by and between the City and VOP North as of the dates set forth below.
CITY: VOP North:
City of Patterson, a California municipal
corporation
By:
Fernando Ulloa, City Manager
Date: __________________________
APPROVED AS TO FORM:
By: __________________________
Nubia Goldstein, City Attorney
Date: ____________________________
VOP North, LLC, a California limited liability
company
By:
Title: ______________________________
Date: _______________________________
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Settlement and Release Agreement
City of Patterson and VOP North, LLC
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EXHIBIT A
The Mejia Improvements subject to reimbursement from the City are further described as follows:
Surface improvements along Sycamore Avenue, approximately 660-linear feet between Walnut Avenue and Somerset Lane, including the following: rough grading and finish grading; concrete sidewalks, curb and gutter; median curbs; moisture barrier behind median curb and curb/gutter; 4” Hotmix asphalt/20” aggregate base; aggregate base shoulder.
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CITY COUNCIL
AGENDA REPORT
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: November 4, 2025
ITEM NO: 1
SUBJECT: Consider the Appeal of the Planning Commission’s denial of Conditional Use Permit for Platinum Motor Sports and take one of the following actions:
Approve Resolution No. 2025-64 Approve the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue. -ORApprove Resolution No. 2025-65 Denying the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue.
RECOMMENDATION
Consider the Appeal of the Planning Commission’s denial of Conditional Use Permit for Platinum Motor Sports and take one of the following actions:
Approve Resolution No. 2025-64 Approve the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue.
-ORApprove Resolution No. 2025-65 Denying the appeal of Conditional Use Permit #2025-07 for a Motor Vehicle Dealership located at 254 Sperry Avenue.
BACKGROUND
The Municipal Code designates land uses that are allowed in each of the city’s zoning districts.
Some land uses, because of their special nature and/or potential for becoming a nuisance to neighbors are subject to a conditional use permit. In such circumstances, the potential land use is
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subject to the review of the Planning Commission and, when approved, is typically subject to conditions to ensure that the land use is compatible with the surrounding areas now and in the future.
The applicant requested Planning Commission approval of Conditional Use Permit #2025-07 to allow five display vehicles in the parking lot and seven vehicles in the gravel area on the east side of the building. Vehicle sales are subject to a conditional use permit in the General Commercial zone, where the subject property is located. At the September 25, 2025 Planning Commission meeting, the Commission voted 5-0 to deny a request for car dealership at 254 Sperry Avenue, based on the Commission’s decision that the project did not meet the required findings to approve a conditional use permit (See “Required Findings” below).
Decisions of the Planning Commission may be appealed to the City Council and the applicant has filed an appeal of the Planning Commission’s decision in this matter, as provided by Municipal Code Section 18.14.070.
ANALYSIS
Project Site
The site is located on Sperry Avenue, approximately 500 feet west of the Highway 33 intersection. An approximately 5,000 square-foot building is located along the eastern edge of the property. A parking lot with 27 spaces is located along the western portion of the property.
One driveway access point is provided to Sperry Avenue.
The building includes a number of suites with an array of existing businesses, including the following:
- Crows Landing, Grayson, Westley Community Services Districts – public agency office - TV Hair, dba Apricot Beauty Studio – beauty salon
- Platinum Motor Sports – existing office
- Gryfalcon Logistics, Inc. – transportation broker
- JB Construction – contractor’s office
- Classy Touch – beauty salon
- Pure Bellas Body Sculpting – massage therapy
- Primerica – insurance office
- Jessica Garza Insurance Agency – insurance office
- Pinnacle Home Health Agency, Inc. – hospice care office - Eskinney Athletic – massage therapy
- Virgen Registration Services – insurance/vehicle registration - Black Rose Esthetics – cosmetic tattooing
- Platinum Capital Solutions – proposed
- JR Alterations – tailoring
- Shear Design – beauty salon
An auto parts store is located east of the property site, a truss manufacturer to the south, and a residence to the west. The property is roughly opposite South Third Street from Sperry Avenue
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with a church on the west side of Third Street and a vacant lot owned by Thompson Chevrolet to the east. The project site is zoned General Commercial. Surrounding land use designations are also General Commercial, with the exception of the church site, which is Downtown Residential.
Project Description
The applicant currently uses a suite in the building for wholesale car sales (office only) and proposes to expand the business to provide on-site car sales. The applicant proposes to reserve the five northernmost parking spaces (the space closest to Sperry Avenue) for vehicle display.
The gravel areas on the north and east sides of the building are also proposed for the display of up to seven more vehicles for a total of 12 vehicles on display.
Car sales are allowed with a conditional use permit, however the combination of car sales in combination with other land uses presents some unique challenges:
Parking
Under Municipal Code requirements, the project site requires a minimum of 24 parking spaces.
The site includes 27 paved parking spaces. Under the applicant’s proposal, the applicant would utilize five of those parking stalls for vehicle display. Considering that 23 spaces should be reserved for the other suites within the building and that at least one space should be reserved for employee parking and one space for customers, staff recommends that only two spaces in the parking lot should be reserved for vehicle display, which would limit the total number of vehicle display parking spaces to nine.
A potential argument against this approach is that some businesses do not consistently use the parking or that different businesses utilize the parking at different times, reducing parking demand. The Municipal Code provides a reduction in the total required parking spaces for the use of shared parking at the discretion of the Planning Commission. This parking reduction is subject to a calculation of total parking spaces based on the various spaces required for each use during the peak period and other requirements (PMC 18.76.090(C)(1)). Because of the total number of tenants and the potential for changes in tenancy over time, staff is not confident in taking those arguments into consideration. The Planning Commission concurred.
Under typical circumstances, staff might recommend that the gravel area be paved, however, since the proposed business neither owns the lot, nor would be the primary business on the site, it is reasonable to consider that if the business is successful, the owner may look to expand to a more opportune site. For long term use, staff does not recommend paving the expanded parking area.
A potential concern related to the proposed parking layout is confusion for customers who wish to access the other businesses. For example, a customer seeking to do business at one of the hair salons could arrive at the site, see that the front of the lot is filled with vehicles with the typical car sales stickers and come to the conclusion that the whole property is used for car sales, and leave the site, thinking that they are in the wrong location.
Circulation
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The site includes a single driveway onto Sperry Avenue, toward the western side of the lot. The applicant notes if a customer wants to purchase or test drive vehicles parked in the gravel area, he or an employee would move cars around until they reach the desired car and place that car in the designated parking lot. He notes that this can be accomplished without pulling cars out onto Sperry Avenue, which has the potential to increase traffic incidents. A condition of approval has been included that would require consistency with the stated approach.
Frontage Improvements
The site does not currently include frontage improvements – curb, gutter, sidewalk, etc. A deferred improvement agreement is in place with the city to construct these improvements at a future date. Current discussions with CalTrans are that the ultimate arrangement of the Highway 33/Sperry intersection will go into place in the next five years. Preliminarily, city staff anticipates that the frontage improvements for this and neighboring properties will be required at about the same time as that intersection is improved.
Signage
Signage for car dealerships is often robust and can include large stickers, balloons, inflatables, flags, banners, etc. As noted above, maintaining visibility for the other businesses is a primary concern. The municipal code limits balloons and inflatable devices to grand opening or special events, subject to an administrative use permit. Banners are allowed through a temporary sign permit.
Staff believes that the municipal code requirements are generally sufficient to protect other businesses on the site and has included a conditions reflecting that, with the caveat that “special events” for signage shall be limited to no more than three times per year. However, staff has some concerns that the presence of a used car dealership would detract from the existing small commercial center atmosphere as currently enjoyed by the existing businesses.
Required Findings
The Municipal Code outlines two required findings that are required to approve a conditional use permit:
1. The requested conditional use permit is consistent with the city general plan and the municipal code.
2. The establishment, maintenance, or operation of the proposed use or structure will conform to the requirements and the intent of this title; and such proposed use or structure will not, under the circumstances of the particular case or as conditioned, be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the proposed use, or to the general welfare of the city.
Planning Commission Decision
At the September 25, 2025 Planning Commission hearing regarding this item, the Planning Commission expressed concerns about the potential for conflict that could hinder some of the other businesses located on the property. As part of their decision, the Planning Commission determined that the land use had the potential to be injurious or detrimental to the health, safety,
7.1 Packet Pg. 85
or general welfare of persons or property in the vicinity of the proposed use or to the general welfare of the city.
Appeal
The applicant has appealed the decision of the Planning Commission stating that, “The Planning Commission used personal preferences to deny the project scope that complied with City’s Standards, Recommendations/Findings. Finding #1 was not legit or verified/substantiated.”
ATTACHMENTS
Resolution No. 2025-64 Approving the Conditional Use Permit Exhibit A – Conditions of Approval
Resolution No. 2025-65 Denying the Conditional Use Permit Applicant’s Appeal Statement
Revised Site Plan
September 25, 2025 Planning Commission Staff Report – Platinum Motor Sports
7.1 Packet Pg. 86
RESOLUTION NO. 2025-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PATTERSON APPROVING THE APPEAL OF
A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE DEALERSHIP, LOCATED AT APN 048-043-006, 254 SPERRY AVENUE
WHEREAS, the City of Patterson has received an application from Lupe Guerrero for a conditional use permit for a motor vehicle dealership, located at 254 Sperry Avenue, APN 048- 043-006, otherwise known as the Platinum Motor Sports (“Project”); and WHEREAS, Patterson City staff conducted a full analysis of the Project to ensure compliance with the City’s General Plan, Zoning Code, and other applicable laws, regulations, and standards; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing for the Project on September 25, 2025; and
WHEREAS, the Planning Commission considered the staff analysis, oral and written testimony, and the required findings for approval; and
WHEREAS, the Planning Commission denied the Project with a 5-0 vote; and WHEREAS, the City of Patterson has received an application on October 7, 2025 from Lupe Guerrero appealing the Planning Commission’s September 25, 2025 decision; and WHEREAS, the project is exempt from review under the California Environmental Quality Act according to §15303(c) and §15332; and
WHEREAS, the City Council of the City of Patterson conducted a duly noticed public hearing for the Project on November 4, 2025; and
WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:
1. The requested conditional use permit is consistent with the city general plan and the Municipal Code.
2. The establishment, maintenance, or operation of the proposed use or structure will conform to the requirements and the intent of this title; and such proposed use or structure will not, under the circumstances of the particular case or as conditioned, be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the proposed use, or to the general welfare of the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:
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1. The City of Patterson hereby approves Appeal #2025-01, approving Conditional Use Permit #2025-07 for Platinum Motor Sports, subject to the conditions listed in Exhibit A.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson, held on the 4th day of November 2025 by , who moved its adoption, which motion was duly seconded by and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
____________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
_______________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 4th day of November 2025, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
_________________________________
City Clerk of the City of Patterson
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EXHIBIT A – CONDITIONS OF APPROVAL
1. That the project shall comply with all applicable State and Municipal Codes, and meet the requirements of the Public Works Director, City Engineer, Building Official, Community Development Director, and Fire Chief. Plans submitted for construction shall be overprinted or have attached all conditions of approval.
2. That the applicant shall comply with all conditions of approval.
3. That the vehicle display spaces shall be limited to two parking spaces in the parking lot and seven spaces in the gravel area for a total of nine display vehicles on-site.
4. That the project shall meet all Stormwater Pollution Prevention Plan requirements.
5. That any expansion of for-sale vehicle parking, beyond the spaces outlined in this approval, shall be subject to a revision to the Conditional Use Permit.
6. That signage shall be fully compliant with the municipal code. That for the purposes of this use permit, “special events” as outlined in the municipal code related to signage shall be limited to three times per calendar year for a period of no more than 30 consecutive days.
7. That the owner or an employee, and not the customer, shall be responsible for moving vehicles from the gravel area to the parking lot for test drives or purchases. To the extent reasonable, movement of such vehicles shall avoid use of the Sperry Avenue right-ofway for such maneuvers.
8. That the applicant shall indemnify, defend, and hold harmless the City of Patterson, its agents, officers, and employees from any and all claims, actions, or proceedings against the City of Patterson, its agents, officers and employees to attack, set aside, void, or annul, any approval by the City of Patterson and its advisory agency, appeal board, or legislative body concerning the project, which action is brought within the time period provided for by the Government Code of the State of California. The City of Patterson shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. If the City fails to do so, the applicant shall not thereafter be responsible to defend, indemnify or hold the City harmless.
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RESOLUTION 2025-65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PATTERSON DENYING THE APPEAL OF
A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE DEALERSHIP, LOCATED AT APN 048-043-006, 254 SPERRY AVENUE
WHEREAS, the City of Patterson has received an application from Lupe Guerrero for a conditional use permit for a motor vehicle dealership, located at 254 Sperry Avenue, APN 048- 043-006, otherwise known as the Platinum Motor Sports (“Project”); and WHEREAS, Patterson City staff conducted a full analysis of the Project to ensure compliance with the City’s General Plan, Zoning Code, and other applicable laws, regulations, and standards; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing for the Project on September 25, 2025; and
WHEREAS, the Planning Commission considered the staff analysis, oral and written testimony, and the required findings for approval; and
WHEREAS, the Planning Commission denied the Project with a 5-0 vote; and WHEREAS, the City of Patterson has received an application on October 7, 2025 from Lupe Guerrero appealing the Planning Commission’s September 25, 2025 decision; and WHEREAS, the project is exempt from review under the California Environmental Quality Act according to §15303(c) and §15332; and
WHEREAS, the City Council of the City of Patterson conducted a duly noticed public hearing for the Project on November 4, 2025; and
WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:
1. The proposed use is not consistent with the surrounding land uses and has the potential to create vehicular conflicts in the area and therefore would be injurious to the health, safety, or general welfare of persons or property in the vicinity of the proposed use and the general welfare of the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:
1. The City of Patterson hereby denies the appeal of Conditional Use Permit #2025-07 for Platinum Motor Sports.
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The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson, held on the 4th day of November 2025 by , who moved its adoption, which motion was duly seconded by and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
______________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
_______________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 4th day of November 2025, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
______________________________________
City Clerk of the City of Patterson
7.1 Packet Pg. 91
Community Development Department
1 Plaza, PO Box 667
Patterson, CA 95363
209.895.8020
email: [email protected]
www.pattersonca.gov
Application for Appeal
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PLATINUM MOTOFISPCFITB
254 SPERRY Ave. 5~ite i4 PATTERSON, CA
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7.1 Packet Pg. 93
CITY OF PATTERSON
Planning Commission Staff Report
Platinum Motor Sports
Conditional Use Permit #25-07
September 25, 2025 Meeting
PROJECT SUMMARY
A conditional use permit to allow a car dealership at 254 Sperry Avenue. The applicant proposes to allow five display vehicles in the parking lot (the parking stalls closest to Sperry Avenue) and 7 vehicles in the gravel area on the east side of the building. The business's office space would be in suite #4. The business would operate seven days a week between 9 AM and 7 PM. Other businesses located at 254 Sperry Avenue include a variety of other businesses.
APPLICANT AND SITE INFORMATION
Applicant: Lupe Guerrero
Owner: Jim Downing
Environmental Review: Exempt
Location: 254 Sperry Ave.
Assessor Parcel Number: 048-043-006
Building Size: Approximately 4,990 square feet
Parcel Size: Approximately 0.5 acres
General Plan Designation: GC, General Commercial
Zoning Designation: GC, General Commercial
Present Land Use: Vacant suite. Other on-site uses include insurance/vehicle registration, hair salons,
massage therapists, a tailor, and a trucking
business office
Surrounding Land Uses: Commercial Uses, Residential
BACKGROUND AND SITE DESCRIPTION
The site is located on Sperry Avenue, approximately 500 feet west of the Highway 33 intersection. An approximately 5,000 square foot building is located along the eastern edge of the property. A parking lot with 27 spaces is located along the western portion of the property. One driveway access point is provided to Sperry Avenue.
The building includes a number of suites with an array of businesses:
- Crows Landing, Grayson, Westley Community Services Districts – Public agency office - TV Hair, dba Apricot Beauty Studio – Beauty salon
- Platinum Motor Sports – existing office
- Gryfalcon Logistics, Inc. – Transportation Broker
- JB Construction – Contractor’s office
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- Classy Touch – Beauty salon
- Pure Bellas Body Sculpting – Massage therapy
- Primerica – Insurance Office
- Jessica Garza Insurance Agency – Insurance office
- Pinnacle Home Health Agency, Inc. – Hospice care office - Eskinney Athletic – Massage therapy
- Virgen Registration Services – Insurance/vehicle registration - Black Rose Esthetics – Cosmetic tattooing
- Platinum Capital Solutions – Proposed
- JR Alterations – Tailoring
- Shear Design – Beauty salon
An auto parts store is located east of the property site, a truss manufacturer to the south, and a residence to the west. The property is roughly opposite South Third Street from Sperry Avenue with a church on the west side of Third Street and a vacant lot owned by Thompson Chevrolet to the east. The project site is zone General Commercial. Surrounding land use designations are also General Commercial, with the exception of the church site, which is Downtown Residential.
PROJECT DESCRIPTION
The applicant currently uses a suite in the building for wholesale car sales (office only) and proposes to expand the business to provide on-site car sales. The applicant proposes to reserve the five northernmost parking spaces (the space closest to Sperry Avenue) for vehicle display.
The gravel areas on the north and east sides of the building are also proposed for the display of up to seven more vehicles for a total of 12 vehicles on display.
Car sales are allowed with a conditional use permit, however the combination of car sales in combination with other land uses presents some unique challenges:
Parking
Under Municipal Code requirements, the project site requires a minimum of 24 parking spaces.
The site includes 27 paved parking spaces. Under the applicant’s proposal, the applicant would utilize five of those parking stalls for vehicle display. Considering that 23 spaces should be reserved for the other suites within the building and that at least one space should be reserved for employee parking and one space for customers, staff recommends that only two spaces in the parking lot should be reserved for vehicle display, which would limit the total number of vehicle display parking spaces to nine.
A potential argument against this approach is that some businesses do not consistently use the parking or that different businesses utilize the parking at different times, reducing parking demand. Because of the total number of tenants and the potential for changes in tenancy over time, staff is not confident in taking those arguments into consideration.
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Under typical circumstances, staff might recommend that the gravel area be paved, however, since the proposed business neither owns the lot, nor would be the primary business on the site, it is reasonable to consider that if the business is successful, the owner may look to expand to a more opportune site. For long term use, staff does not recommend paving the expanded parking area.
A potential concern related to the proposed parking layout is confusion for customers who wish to access the other businesses. For example, a customer seeking to do business at one of the hair salons could arrive at the site, see that the front of the lot is filled with vehicles with the typical car sales stickers and come to the conclusion that the whole property is used for car sales, and leave the site, thinking that they are in the wrong location.
Circulation
The site includes a single driveway onto Sperry Avenue, toward the western side of the lot. The applicant notes if a customer wants to purchase or test drive vehicles parked in the gravel area, he or an employee would move cars around until they reach the desired car and place that car in the designated parking lot. He notes that this can be accomplished without pulling cars out onto Sperry Avenue, which has the potential to increase traffic incidents. A condition of approval has been included that would require consistency with the stated approach.
Frontage Improvements
The site does not currently include frontage improvements – curb, gutter, sidewalk, etc. A deferred improvement agreement is in place with the city to place these improvements at a future date. Current discussions with Caltrans are that the ultimate arrangement of the Highway 33/Sperry intersection will go into place in the next five years. Preliminarily, city staff anticipates that the frontage improvements for this and neighboring properties will be required at about the same time as that intersection is improved.
Signage
Signage for car dealerships is often robust and can include large stickers, balloons, inflatables, flags, banners, etc. As noted above, maintaining visibility for the other businesses is a primary concern. The municipal code limits balloons and inflatable devices to grand opening or special events, subject to an administrative use permit. Banners are allowed through a temporary sign permit. Staff believes that the municipal code requirements are sufficient to protect other businesses on the site and has included a condition reflecting that, with the caveat that “special events” for signage shall be limited to no more than three times per year.
ENVIRONMENTAL REVIEW
The project is exempt from review under the California Environmental Quality Act according to §15303(c) and §15332.
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ALTERNATIVE ACTIONS
1. Determine that the findings for the Conditional Use Permit can be made, and motion to approve Conditional Use Permit #25-07 subject to the conditions recommended in the staff report.
2. Determine that the findings for the Conditional Use Permit can be made, and motion to approve Conditional Use Permit #25-07 subject to the conditions recommended in the staff report with changes/revisions as may be submitted by the Commission.
3. Determine that the findings for the Conditional Use Permit cannot be made and deny Conditional Use Permit #25-07.
FINDINGS
To approve the Conditional Use Permit, the Planning Commission must find the following:
1. The requested conditional use permit is consistent with the city general plan and this title.
2. The establishment, maintenance, or operation of the proposed use or structure will conform to the requirements and the intent of this title; and such proposed use or structure will not, under the circumstances of the particular case or as conditioned, be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the proposed use, or to the general welfare of the city.
FINDINGS FOR DENIAL
To deny the conditional use permit, the Planning Commission must find the following:
1. The proposed use is not consistent with the surrounding land uses and has the potential to create vehicular conflicts in the area and therefore would be injurious to the health, safety, or general welfare of persons or property in the vicinity of the proposed use and the general welfare of the city.
RECOMMENDATION
Staff’s recommendation is that the Commission should:
1. Conduct a public hearing and allow members of the public to testify;
2. Consider the issues discussed in this report; And,
3. If the Commission determines that the findings can be made, motion to approve Conditional Use Permit #25-07 subject to the following conditions of approval:
1. That the project shall comply with all applicable State and Municipal Codes, and meet the requirements of the Public Works Director, City Engineer, Building Official, Community Development Director, and Fire Chief. Plans submitted for construction shall be overprinted or have attached all conditions of approval.
7.1 Packet Pg. 97
2. That the applicant shall comply with all conditions of approval.
3. That the vehicle display spaces shall be limited to two parking spaces in the parking lot and seven spaces in the gravel area for a total of nine display vehicles on-site.
4. That the project shall meet all Stormwater Pollution Prevention Plan requirements.
5. That any expansion of for-sale vehicle parking, beyond the spaces outlined in this approval, shall be subject to a revision to the Conditional Use Permit.
6. That signage shall be fully compliant with the municipal code. That for the purposes of this use permit, “special events” as outlined in the municipal code related to signage shall be limited to three times per calendar year for a period of no more than 30 consecutive days.
7. That the owner or an employee, and not the customer, shall be responsible for moving vehicles from the gravel area to the parking lot for test drives or purchases. To the extent reasonable, movement of such vehicles shall avoid use of the Sperry Avenue right-ofway for such maneuvers.
8. That the applicant shall indemnify, defend, and hold harmless the City of Patterson, its agents, officers, and employees from any and all claims, actions, or proceedings against the City of Patterson, its agents, officers and employees to attack, set aside, void, or annul, any approval by the City of Patterson and its advisory agency, appeal board, or legislative body concerning the project, which action is brought within the time period provided for by the Government Code of the State of California. The City of Patterson shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. If the City fails to do so, the applicant shall not thereafter be responsible to defend, indemnify or hold the City harmless.
Respectfully submitted,
Joel Andrews
Joel Andrews
City Planner
Attachments
Applicant’s operational statement
Applicant’s explanation of expanded use
Site Plan
Tenant listing at 254 Sperry Avenue
Location Map
Public Notice
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NOTICE OF PUBLIC HEARING
CITY OF PATTERSON PLANNING COMMISSION
REGULAR MEETING
NOTICE IS HEREBY GIVEN that the City of Patterson (“City”) Planning Commission will hold a Regular Meeting on Thursday, September 25, 2025, at 7:00 PM, in the City Council Chambers located at 1 Plaza, Patterson, AND via video conferencing and Zoom teleconference, to consider the following:
NOTICE:
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF THE
PUBLIC MAY ALSO PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AND ZOOM TELECONFERENCE BY CALLING 1-669-900-6833, MEETING ID: 701-906-1477, PASSWORD: 20995363. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us06web.zoom.us/j/7019061477?pwd=VEIrMTlYdmNZTk53ZitzZUdSZUQxZz09 Public Hearing: Conditional Use Permit #25-07 - Platinum Motor Sports, 254 Sperry Avenue, APN #048-043-006
A conditional use permit to allow a car dealership at 254 Sperry Avenue. The applicant proposes to allow five display vehicles in the parking lot (the parking stalls closest to Sperry Avenue) and 7 vehicles in the gravel area on the east side of the building. The business office space would be in suite #4. The business would operate seven days a week between 9 AM and 7 PM. Other
businesses located at 254 Sperry Avenue include insurance/vehicle registration, a hair salon, a massage therapist, a seamstress, a car detailer, a cleaning service office, and a trucking business office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (209) 895-8020. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [ADA Title II; 28 CFR 35.102-35.104.]
The Planning Commission agenda and supporting public documents are available for viewing at City Hall, Planning Department, 1 Plaza, 2nd Floor, Patterson, California during normal business hours. The Planning Commission agenda and supporting public documents will be available on the City’s website www.pattersonca.gov listed under Agenda Center “Planning Commission.” At the above noted time and place, testimony from interested persons will be heard by the Planning Commission and duly considered prior to making a recommendation to the City Council. Any material submitted to the Planning Commission for consideration (photographs, petitions, letters, etc.) will be retained by the City and cannot be returned. If a challenge to the above application is made in court, persons may be limited to raising only those issues they or someone else raised at the Public Hearing.
Lisa Ochoa, Administrative Assistant II
Community Development Department
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