Newman City Council
March 22, 2022

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING MARCH 22, 2022
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order.

2. Pledge Of Allegiance.

3. Invocation.

4. Roll Call.

5. Declaration Of Conflicts Of Interest.

6. Ceremonial Matters.

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

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The March 8, 2022 Meeting. (View Minutes)

9. Public Hearings
a. Second Reading And Adoption Of Ordinance No. 2021- , An Ordinance Amending Title 10, Traffic Regulations, Amending Section 10.04.030 To Establish Parking Restrictions Of Semi Trucks And Trailers Within City Limits And Authorize Staff To Publish A Summary Of Said Ordinance. (View Report)
b. Adopt Resolution No. 2022-, Declaring The Existence Of A Public Nuisance Under Ordinance No. 281 Mistletoe Abatement. (View Report)

10. Regular Business
a. First Reading And Introduction Of Ordinance No. 2022- , An Ordinance Of The City Council Of The City Of Newman Amending Chapter 8.01, Garbage And Rubbish, Of Title 8, Health And Sanitation, Of The Newman Municipal Code To Regulate The Disposal Of Recyclable And Organic Materials. (View Report)

11. Items From District Five Stanislaus County Supervisor.

12. Items From The City Manager And Staff.

13. Items From City Council Members.

14. Adjourn To Closed Session
a. Conference With Real Property Negotiator – Stanislaus County APN 049-053-026, - G.C. 54956.8. Agency Negotiator: Michael E. Holland. Negotiating Parties: City Of Newman And Dunkley/Lucas Holdings. Under Negotiation: Price And Term Of Payment. b. Return To Open Session.

15. Adjournment.

Calendar of Events
March 22 – City Council - 7:00 P.M.

March 31 – Citywide Curbside Leaf And Brush Pick-Up Ends.

April 4–9 – Spring Clean-Up Week.

April 12 – City Council - 7:00 P.M.

April 18 – Tax Day.

April 21 – Planning Commission – 7:00 P.M.

April 26 – City Council - 7:00 P.M.

AP Check Register
March 4, 2022 through March 16, 2022
1 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Amador Ian 10-45-6730 $ 176.00 120234 3/14/2022 Youth Basketball Referee/ Amador
$ 176.00 120234 Total
Animal Damage Management, Inc 69-47-6200 $ 810.00 120235 3/14/2022 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington
Pa
$ 810.00 120235 Total
Badger Meter 63-56-6350 $ 323.08 120236 3/14/2022 Water Meter $ 323.08 120236 Total
BAY ALARM 10-07-6665 $ 420.00 120237 3/14/2022 Alarm Monitoring @ Museum 3-1-22 to 3-1-23
$ 420.00 120237 Total
Bell Devon 10-45-6730 $ 80.00 120238 3/14/2022 Youth Basketball Referee/ Bell
$ 80.00 120238 Total
Beltran Ramiro 10-45-6730 $ 176.00 120239 3/14/2022 Youth Basketball Referee/ Beltran
$ 176.00 120239 Total
Bertolotti Newman Disposal, Inc 10-41-6200 $ 71,517.46 120240 3/14/2022 Monthly Contract Garbage Service/February 2022
Bertolotti Newman Disposal, Inc 10-00-5080 $ (13,349.93) 120240 3/14/2022 Monthly Contract Garbage Service/February 2022
Bertolotti Newman Disposal, Inc 10-00-5733 $ (4,767.83) 120240 3/14/2022 Monthly Contract Garbage Service/February 2022
Bertolotti Newman Disposal, Inc 10-00-5730 $ 18,117.76 120240 3/14/2022 Monthly Contract Garbage Service/February 2022
$ 71,517.46 120240 Total
Bertolotti Newman Disposal 10-33-6220 $ 907.34 120241 3/14/2022 26 Yard Trash Bin & Street Sweeping
Debris/ February 2022
Bertolotti Newman Disposal 69-47-6220 $ 907.35 120241 3/14/2022 26 Yard Trash Bin & Street Sweeping
Debris/ February 2022
Bertolotti Newman Disposal 10-33-6220 $ 285.62 120241 3/14/2022 40 Yard Trash Bin Dumping@ Corp
Yard/ February 2022
Bertolotti Newman Disposal 10-33-6220 $ 285.62 120241 3/14/2022 40 Yard Trash Bin Dumping@ Corp
Yard/ February 2022
$ 2,385.93 120241 Total
Garcia Bonifacio 10-33-6530 $ 9.65 120242 3/14/2022 Prestone Command Garcia Bonifacio 69-47-6530 $ 9.65 120242 3/14/2022 Prestone Command Garcia Bonifacio 63-56-6300 $ 71.54 120242 3/14/2022 Battery Garcia Bonifacio 63-56-6300 $ 11.41 120242 3/14/2022 Hook $ 102.25 120242 Total
BUSINESS CARD 63-56-6200 $ 4.67 120243 3/14/2022 Amazon Prime BUSINESS CARD 60-50-6200 $ 4.67 120243 3/14/2022 Amazon Prime BUSINESS CARD 10-44-6200 $ 4.67 120243 3/14/2022 Amazon Prime BUSINESS CARD 10-07-6300 $ 3.76 120243 3/14/2022 Safety Glasses BUSINESS CARD 10-07-6300 $ 1.89 120243 3/14/2022 Safety Glasses BUSINESS CARD 69-47-6300 $ 1.89 120243 3/14/2022 Safety Glasses BUSINESS CARD 10-44-6635 $ 165.00 120243 3/14/2022 CPRS Dues/ Reyes BUSINESS CARD 10-14-6300 $ 6.17 120243 3/14/2022 Dish Drainer BUSINESS CARD 60-50-6300 $ 6.16 120243 3/14/2022 Dish Drainer BUSINESS CARD 63-56-6300 $ 6.16 120243 3/14/2022 Dish Drainer BUSINESS CARD 60-50-6690 $ 120.00 120243 3/14/2022 SJVSWQP Webinar

AP Check Register
March 4, 2022 through March 16, 2022
2 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description BUSINESS CARD 63-56-6635 $ 285.00 120243 3/14/2022 AWWA Certicate of Completion/ Rocha BUSINESS CARD 10-22-6300 $ 401.11 120243 3/14/2022 CPR Training Supplies BUSINESS CARD 10-22-6300 $ 8.70 120243 3/14/2022 Postage BUSINESS CARD 10-22-6300 $ 59.32 120243 3/14/2022 Flag Pole Light BUSINESS CARD 60-50-6200 $ 26.67 120243 3/14/2022 Hughes Net BUSINESS CARD 63-56-6200 $ 26.66 120243 3/14/2022 Hughes Net BUSINESS CARD 10-14-6200 $ 26.66 120243 3/14/2022 Hughes Net BUSINESS CARD 10-21-6420 $ 149.98 120243 3/14/2022 Internet Service Newman to Ceres/PD/ 3-6-22 to
4-5-22
$ 1,309.14 120243 Total
California Chamber of Commerce 60-50-6300 $ 38.86 120244 3/14/2022 2022 California Labor Law Posters
California Chamber of Commerce 63-56-6300 $ 38.86 120244 3/14/2022 2022 California Labor Law Posters
California Chamber of Commerce 10-14-6300 $ 25.91 120244 3/14/2022 2022 California Labor Law Posters
California Chamber of Commerce 60-50-6300 $ 25.90 120244 3/14/2022 2022 California Labor Law Posters
California Chamber of Commerce 63-56-6300 $ 25.90 120244 3/14/2022 2022 California Labor Law Posters
$ 155.43 120244 Total
CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,000.00 120245 3/14/2022 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,000.00 120245 3/14/2022 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,000.00 120245 3/14/2022 Grant writing/Lobbying $ 3,000.00 120245 Total
Cardmember Service 10-45-6690 $ 175.00 120246 3/14/2022 CPRS Dues/ Mendoza Cardmember Service 10-45-6730 $ 188.14 120246 3/14/2022 Battery Cardmember Service 10-45-6730 $ 28.20 120246 3/14/2022 Donuts for Basketball Referees Cardmember Service 10-45-6730 $ 22.32 120246 3/14/2022 Charger Cardmember Service 10-45-6730 $ 6.46 120246 3/14/2022 Table Tennis Replacement Net Cardmember Service 10-45-6730 $ 31.00 120246 3/14/2022 Donuts for Basketball Referees Cardmember Service 10-45-6739 $ 123.02 120246 3/14/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6730 $ 32.30 120246 3/14/2022 Face Masks Cardmember Service 10-45-6730 $ 27.35 120246 3/14/2022 Donuts for Basketball Referees Cardmember Service 10-45-6730 $ 11.97 120246 3/14/2022 Basketball Supplies $ 645.76 120246 Total
CBA (ADMIN FEES) 10-00-2261 $ 279.50 120247 3/14/2022 Dental-Vision Admin Fees/ March 2022
$ 279.50 120247 Total
C B MERCHANT SERVICES,INC 63-56-6637 $ 79.36 120248 3/14/2022 Bad Debt Payable $ 79.36 120248 Total
CENTRAL SANITARY SUPPLY 10-44-6660 $ 74.03 120249 3/14/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6670 $ 37.01 120249 3/14/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6300 $ 18.51 120249 3/14/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-21-6300 $ 18.51 120249 3/14/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6665 $ 9.25 120249 3/14/2022 Miscellaneous Cleaning Supplies

AP Check Register
March 4, 2022 through March 16, 2022
3 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description CENTRAL SANITARY SUPPLY 10-22-6300 $ 9.25 120249 3/14/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6300 $ 9.26 120249 3/14/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-46-6300 $ 9.25 120249 3/14/2022 Miscellaneous Cleaning Supplies $ 185.07 120249 Total
Cherry Iris 10-45-6730 $ 291.00 120250 3/14/2022 Youth Basketball Referee/ Cherry
$ 291.00 120250 Total
City of Tracy 60-50-6635 $ 100.00 120251 3/14/2022 Yearly Storm Water Dues January 2022 to December 2022
$ 100.00 120251 Total
Cline Chris 10-03-6265 $ 271.31 120252 3/14/2022 Website Development Upgrade $ 271.31 120252 Total
COMCAST CABLE 10-46-6200 $ 8.52 120253 3/14/2022 Cable Service at Corp Yard $ 8.52 120253 Total
Contreras Aaron 10-45-6730 $ 272.00 120254 3/14/2022 Youth Basketball Referee/ Contreras
$ 272.00 120254 Total
Dave's Drain Cleaning & Plumbing 60-50-6200 $ 350.00 120255 3/14/2022 Plumbing Repair at 1135 Q St Dave's Drain Cleaning & Plumbing 10-07-6200 $ 249.21 120255 3/14/2022 Plumbing Repair at 219 Jensen Rd $ 599.21 120255 Total
Del Puerto Health Care District 10-21-6235 $ 245.00 120256 3/14/2022 Pre-employment Physical/ Sturges Anderson
$ 245.00 120256 Total
DISH NETWORK 10-22-6200 $ 1,512.12 120257 3/14/2022 Fire Dept. Annual Payment $ 1,512.12 120257 Total
DJ Francis Electric 10-33-6200 $ 989.00 120258 3/14/2022 Repair on Lights $ 989.00 120258 Total
EMC Planning Group, Inc 10-00-2516 $ 2,407.11 120259 3/14/2022 Caton Ranch Planning Analysis EMC Planning Group, Inc 10-00-2520 $ 9,198.68 120259 3/14/2022 Mattos Ranch Planning Analysis $ 11,605.79 120259 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 3,900.00 120260 3/14/2022 Pro Oxidizer $ 3,900.00 120260 Total
Felber Drew 10-45-6730 $ 240.00 120261 3/14/2022 Youth Basketball Referee/

Felber
$ 240.00 120261 Total
FERGUSON ENTERPRISES, INC 1423 63-56-6300 $ 484.89 120262 3/14/2022 Water Repair Parts $ 484.89 120262 Total
FGL ENVIRONMENTAL, INC 60-50-6200 $ 299.00 120263 3/14/2022 Inorganic Analysis, Support Analysis
FGL ENVIRONMENTAL, INC 60-50-6200 $ 299.00 120263 3/14/2022 Inorganic Analysis, Support Analysis
$ 598.00 120263 Total
Frank B. Marks & Sons, Inc 10-33-6300 $ 122.69 120264 3/14/2022 3/4 AB Class 2 Frank B. Marks & Sons, Inc 63-56-6300 $ 122.68 120264 3/14/2022 3/4 AB Class 2 $ 245.37 120264 Total
Galvan Adrian 10-00-2841 $ 80.00 120230 3/9/2022 Sherman Park Rental Deposit Refund/ Galvan

AP Check Register
March 4, 2022 through March 16, 2022
4 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 80.00 120230 Total
GARTON TRACTOR 10-44-6225 $ 1,561.84 120265 3/14/2022 Mower Repairs GARTON TRACTOR 60-50-6530 $ 55.48 120265 3/14/2022 Spacers, Washers GARTON TRACTOR 63-56-6530 $ 39.47 120265 3/14/2022 Filters GARTON TRACTOR 10-33-6530 $ 39.46 120265 3/14/2022 Filters GARTON TRACTOR 10-44-6530 $ 39.46 120265 3/14/2022 Filters GARTON TRACTOR 10-44-6530 $ 869.47 120265 3/14/2022 Mower Repairs GARTON TRACTOR 60-50-6530 $ 56.20 120265 3/14/2022 Bracket $ 2,661.38 120265 Total
Garcia Ruben 10-00-2840 $ 46.62 120266 3/14/2022 Memorial Building Rental Deposit Refund Minus $253.38/ Garcia
$ 46.62 120266 Total
GEOANALYTICAL LAB, INC. 60-50-6200 $ 586.00 120267 3/14/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 60-50-6200 $ 382.00 120267 3/14/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 60-50-6200 $ 213.00 120267 3/14/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 382.00 120267 3/14/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 120267 3/14/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 32.00 120267 3/14/2022 Nitrate as N, EDT Reporting GEOANALYTICAL LAB, INC. 63-56-6200 $ 1,444.35 120267 3/14/2022 Odor, PH, EC, Metals, Sulfate, TDS, Perchlorate, EDT Reporting GEOANALYTICAL LAB, INC. 63-56-6200 $ 160.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 120267 3/14/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 96.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 120267 3/14/2022 BOD, TSS GEOANALYTICAL LAB, INC. 60-50-6200 $ 382.00 120267 3/14/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 120267 3/14/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 584.40 120267 3/14/2022 Alkalinity Series, Calcium, Magnesium, Hardness, Copper, Iron GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 120267 3/14/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6300 $ 128.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 1,762.10 120267 3/14/2022 TTHM, HMS, 1,2,3 TCP, EDT Reporting
GEOANALYTICAL LAB, INC. 63-56-6200 $ 160.00 120267 3/14/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 120267 3/14/2022 BOD, TSS $ 7,617.85 120267 Total
GEORGE W. LOWRY, INC 60-50-6500 $ 1,714.29 120268 3/14/2022 400 Gallons Unleaded Gas Delivered @ WWTP
GEORGE W. LOWRY, INC 60-50-6500 $ 1,596.12 120268 3/14/2022 400 Gallons Dyed Diesel Delivered
@WWTP
$ 3,310.41 120268 Total

AP Check Register
March 4, 2022 through March 16, 2022
5 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Gomez Jr Salomon 10-00-2841 $ 20.00 120269 3/14/2022 Pioneer Park Rental Deposit Refund/ Gomez
$ 20.00 120269 Total
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 44.00 120270 3/14/2022 Repair of Flat Tire on Tractor/ PW
Guerrero's Tire and Auto Repair, LLC 63-56-6530 $ 1,082.67 120270 3/14/2022 4 New Tires on New Holland Backhoe/ PW
Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 1,082.67 120270 3/14/2022 4 New Tires on New Holland Backhoe/ PW
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 1,082.66 120270 3/14/2022 4 New Tires on New Holland Backhoe/ PW
$ 3,292.00 120270 Total
Gutierrez Emmanuel 10-45-6730 $ 224.00 120271 3/14/2022 Youth Basketball Referee/ Gutierrez
$ 224.00 120271 Total
Hayes Sophia 10-45-6730 $ 285.00 120272 3/14/2022 Youth Basketball Scorekeeper/ Hayes
$ 285.00 120272 Total
Howerton Terry 10-00-2841 $ 80.00 120273 3/14/2022 Sherman Park Rental Deposit Refund/ Howerton
$ 80.00 120273 Total
Humphries Lewis 63-56-6330 $ 83.40 120274 3/14/2022 Reimbursement for Postage/ Humphries $ 83.40 120274 Total
Hydrofocus, Inc 17-36-7779 $ 1,200.00 120275 3/14/2022 Proposed Scope of Work tor CARP Proposal
$ 1,200.00 120275 Total
IDEXX LABORATORIES, INC. 63-56-6300 $ 476.59 120276 3/14/2022 Water Testing Supplies $ 476.59 120276 Total
P B Iyer 10-22-6235 $ 124.00 120277 3/14/2022 Medical Exam/ Estrada $ 124.00 120277 Total
JG Nurseries LLC 24-32-7727 $ 257.82 120278 3/14/2022 Concrete JG Nurseries LLC 10-33-7750 $ 155.31 120278 3/14/2022 Eastern Red Bud Tree $ 413.13 120278 Total
JHC LLC 10-41-6200 $ 945.00 120279 3/14/2022 SB 1383 Program Planning $ 945.00 120279 Total
JOE'S LANDSCAPING & CONCR 69-47-6200 $ 12,290.00 120280 3/14/2022 Maintenance Service For The Mohth of February
$ 12,290.00 120280 Total
JORGENSEN & COMPANY 10-22-6200 $ 185.02 120281 3/14/2022 Ansul System Semi-Annual

Service@ FD
$ 185.02 120281 Total
Knox Company 10-22-6300 $ 2,423.97 120282 3/14/2022 Knox Box $ 2,423.97 120282 Total
Lopez Heidi 10-45-6730 $ 270.00 120283 3/14/2022 Youth Basketball Scorekeeper/ Lopez
$ 270.00 120283 Total
Lopez Jr Eusebio 10-00-5521 $ 30.00 120284 3/14/2022 Reimbursement for Matteri Field Rental/ Westside Bullets $ 30.00 120284 Total
Lovotti Inc 10-23-6215 $ 72.25 120285 3/14/2022 Reimbursement for Building Pemit 2021-316 $ 72.25 120285 Total
MARRIOTT JOHN E. 10-21-6630 $ 37.20 120286 3/14/2022 Reimbursement for Lunch/ Marriott

AP Check Register
March 4, 2022 through March 16, 2022
6 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 37.20 120286 Total
McBride Joseph 10-00-2841 $ 20.00 120287 3/14/2022 Pioneer Park Rental Deposit Refund/ McBride
$ 20.00 120287 Total
McClatchy Newspapers Inc 18-32-7739 $ 797.88 120288 3/14/2022 Public Notification $ 797.88 120288 Total
McClatchy Newspapers Inc 18-32-7739 $ 1,619.76 120289 3/14/2022 Public Notification $ 1,619.76 120289 Total
McKesson Medical-Surgical 10-22-6300 $ 214.14 120290 3/14/2022 Narcan, Aspirin McKesson Medical-Surgical 10-22-6300 $ 7.47 120290 3/14/2022 Aspirin $ 221.61 120290 Total
Melo Blake 10-45-6730 $ 96.00 120291 3/14/2022 Youth Basketball Referee/ Melo
$ 96.00 120291 Total
Mid Valley Publications 10-14-6600 $ 25.95 120292 3/14/2022 Employment Ad Account Clerk Mid Valley Publications 60-50-6600 $ 25.95 120292 3/14/2022 Employment Ad Account Clerk Mid Valley Publications 63-56-6600 $ 25.95 120292 3/14/2022 Employment Ad Account Clerk $ 77.85 120292 Total
MID VALLEY IT, INC 10-03-6310 $ 119.99 120293 3/14/2022 SSL Renewal $ 119.99 120293 Total
Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 8.49 120294 3/14/2022 Tape Cen-Cal Auto & Truck Parts/ NAPA 69-47-6300 $ 8.49 120294 3/14/2022 Tape Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 5.59 120294 3/14/2022 Oll Cen-Cal Auto & Truck Parts/ NAPA 10-22-6530 $ 23.56 120294 3/14/2022 Armor All, Towels Cen-Cal Auto & Truck Parts/ NAPA 10-44-6300 $ 5.29 120294 3/14/2022 Antifreeze Cen-Cal Auto & Truck Parts/ NAPA 63-56-6300 $ 5.28 120294 3/14/2022 Antifreeze Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 4.48 120294 3/14/2022 Circuit Tester, Cloth Roll Cen-Cal Auto & Truck Parts/ NAPA 10-44-6300 $ 4.47 120294 3/14/2022 Circuit Tester, Cloth Roll Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 13.42 120294 3/14/2022 Circuit Tester, Cloth Roll Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 9.87 120294 3/14/2022 Antifreeze Cen-Cal Auto & Truck Parts/ NAPA 69-47-6530 $ 9.86 120294 3/14/2022 Antifreeze Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 13.58 120294 3/14/2022 Filters Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 5.22 120294 3/14/2022 Spark Plugs Cen-Cal Auto & Truck Parts/ NAPA 10-22-6530 $ 33.34 120294 3/14/2022 Windshield Wipers, Bug Wash Cen-Cal Auto & Truck Parts/ NAPA 10-46-6300 $ 40.98 120294 3/14/2022 Windshield Wipers, Bug Wash Cen-Cal Auto & Truck Parts/ NAPA 60-50-6530 $ 149.51 120294 3/14/2022 Lamp, Filters Cen-Cal Auto & Truck Parts/ NAPA 63-56-6530 $ 11.84 120294 3/14/2022 Lamp Cen-Cal Auto & Truck Parts/ NAPA 10-07-6300 $ 18.32 120294 3/14/2022 Detailer, Air Freshener Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 14.44 120294 3/14/2022 Lamp, Oll $ 386.03 120294 Total
National Pen Co LLC 10-22-6300 $ 447.03 120295 3/14/2022 350 Pens

AP Check Register
March 4, 2022 through March 16, 2022
7 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 447.03 120295 Total
NEWMAN FIREFIGHTERS, INC. 10-22-6530 $ 472.27 120296 3/14/2022 Reimbursement for Repair on Windshield $ 472.27 120296 Total
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 34.07 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 12.92 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 8.62 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 7.11 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 37.95 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 183.96 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 19.40 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 53.92 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 28.04 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 14.65 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 59.27 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 10.77 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 20.46 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 4.85 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 10.78 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 6.46 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-14-6300 $ 1.44 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 1.43 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 1.43 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs,

Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 7.11 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 22.62 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 29.95 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs,

Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 12.92 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 30.87 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 21.55 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 15.73 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 7.10 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 4.29 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 4.95 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 280.43 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ (118.65) 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 110.49 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-14-6300 $ 4.95 120297 3/14/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
$ 951.84 120297 Total
NORMAC, INC. 69-47-6300 $ 490.18 120298 3/14/2022 Simplot Nitra King NORMAC, INC. 10-44-6300 $ 490.18 120298 3/14/2022 Simplot Nitra King

AP Check Register
March 4, 2022 through March 16, 2022
8 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description NORMAC, INC. 10-44-6300 $ 37.51 120298 3/14/2022 Carson Standard Box NORMAC, INC. 69-47-6300 $ 37.51 120298 3/14/2022 Carson Standard Box NORMAC, INC. 69-47-6300 $ 247.75 120298 3/14/2022 Wifi Controller, STA Module NORMAC, INC. 10-44-6300 $ 73.28 120298 3/14/2022 Solenoids NORMAC, INC. 69-47-6300 $ 73.29 120298 3/14/2022 Solenoids $ 1,449.70 120298 Total
Nutrien Ag Solutions Inc 60-50-6230 $ 3,153.78 120299 3/14/2022 35 Gallons Credit, 15 Gallons Ultra Pro
$ 3,153.78 120299 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 824.00 120300 3/14/2022 Health Insurance Premium/ April
2022 /Caetano
$ 824.00 120300 Total
Opportunity Stanislaus 10-21-6200 $ 208.00 120301 3/14/2022 Workkeys Testing February 2022 $ 208.00 120301 Total
Pace Supply Corporation 63-56-6300 $ 2,940.17 120302 3/14/2022 Fire Hydrant, Wedge Action PVC Pace Supply Corporation 63-56-6300 $ 1,809.60 120302 3/14/2022 Fibrelyte Water Pace Supply Corporation 10-00-5830 $ (10.79) 120302 3/14/2022 Credit $ 4,738.98 120302 Total
CITY OF PATTERSON 10-03-6200 $ 660.00 120303 3/14/2022 City Council Video Service/ February
2022
$ 660.00 120303 Total
Tank Town Media LLC 10-14-6600 $ 96.67 120304 3/14/2022 Account Clerk Employment Ad Tank Town Media LLC 60-50-6600 $ 96.67 120304 3/14/2022 Account Clerk Employment Ad Tank Town Media LLC 63-56-6600 $ 96.66 120304 3/14/2022 Account Clerk Employment Ad $ 290.00 120304 Total
P G & E 10-07-6410 $ 2,081.62 120305 3/14/2022 Gas & Electric Use P G & E 10-22-6410 $ 1,734.80 120305 3/14/2022 Gas & Electric Use P G & E 10-33-6410 $ 4,603.78 120305 3/14/2022 Gas & Electric Use P G & E 10-44-6410 $ 1,029.12 120305 3/14/2022 Gas & Electric Use P G & E 10-45-6410 $ 167.96 120305 3/14/2022 Gas & Electric Use P G & E 10-46-6410 $ 383.77 120305 3/14/2022 Gas & Electric Use P G & E 60-50-6410 $ 21,436.51 120305 3/14/2022 Gas & Electric Use P G & E 63-56-6410 $ 18,866.87 120305 3/14/2022 Gas & Electric Use P G & E 69-47-6410 $ 2,729.06 120305 3/14/2022 Gas & Electric Use $ 53,033.49 120305 Total
RALEY'S IN STORE CHARGE 10-46-6300 $ 132.39 120306 3/14/2022 Corp Yard Supplies RALEY'S IN STORE CHARGE 10-14-6300 $ 12.60 120306 3/14/2022 City Hall Supplies RALEY'S IN STORE CHARGE 60-50-6300 $ 12.60 120306 3/14/2022 City Hall Supplies RALEY'S IN STORE CHARGE 63-56-6300 $ 12.60 120306 3/14/2022 City Hall Supplies $ 170.19 120306 Total
Ramos Elijah 10-45-6730 $ 288.00 120307 3/14/2022 Youth Basketball Referee/ Ramos
$ 288.00 120307 Total

AP Check Register
March 4, 2022 through March 16, 2022
9 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Ramos Terry 10-00-5510 $ 250.00 120308 3/14/2022 Memorial Building Rental Deposit Refund/ Ramos
Ramos Terry 10-00-5330 $ 25.00 120308 3/14/2022 Memorial Building Rental Deposit Refund/ Ramos
Ramos Terry 10-00-2840 $ 300.00 120308 3/14/2022 Memorial Building Rental Deposit Refund/ Ramos
$ 575.00 120308 Total
Raya Fatima 10-45-6730 $ 330.00 120309 3/14/2022 Youth Basketball Scorekeeper/ Raya
$ 330.00 120309 Total
Redtail Consulting 17-36-7780 $ 6,965.00 120310 3/14/2022 Project #603.CNP.21 NEWS Project Resource Agency
Permitting
$ 6,965.00 120310 Total
Rick Engineering Company 60-50-6200 $ 4,115.00 120311 3/14/2022 Project C18529-D00 Newman NEWS Rick Engineering Company 17-36-7780 $ 37,892.50 120311 3/14/2022 Project C18529-C00 Newman Design Prop 1
Rick Engineering Company 17-36-7780 $ 24,980.55 120311 3/14/2022 Project C18529-C00 Newman Design Prop 1
$ 66,988.05 120311 Total
ROBIC REFRIGERATION 10-44-6660 $ 8,553.38 120312 3/14/2022 New Refrigerator at Memorial Building
$ 8,553.38 120312 Total
ROCHA BACKHOE SERVICE, IN 63-56-6225 $ 755.00 120313 3/14/2022 Fire Hydrant Installation $ 755.00 120313 Total
RRM DESIGN GROUP, INC. 17-06-6205 $ 12,808.21 120314 3/14/2022 Newman Highway 33 Specific Plan Update
RRM DESIGN GROUP, INC. 17-06-6205 $ 24,690.36 120314 3/14/2022 Newman Highway 33 Specific Plan Update
RRM DESIGN GROUP, INC. 17-06-6205 $ 15,799.90 120314 3/14/2022 Newman Highway 33 Specific Plan Update
RRM DESIGN GROUP, INC. 10-44-6200 $ 1,581.00 120314 3/14/2022 Newman Grant Outreach and Support
$ 54,879.47 120314 Total
Safdari Anoosh 10-00-5435 $ 50.00 120315 3/14/2022 Reimbursement of Citation #3792/ Anoosh Safdari
$ 50.00 120315 Total
San Joaquin Valley Drainage Authority 60-50-6635 $ 389.50 120316 3/14/2022 Irrigated Lands Regulatory Program/ First Installment
$ 389.50 120316 Total
SCM HEARTHSTONE, LLC 10-00-2517 $ 245,449.50 120231 3/9/2022 Refund Deposit for Bond Papers $ 245,449.50 120231 Total
SHORT BRETT 10-21-6695 $ 15.00 120317 3/14/2022 POST Training Per Diem/

Short
$ 15.00 120317 Total
SIERRA INSTALLATIONS, INC 68-68-6620 $ 4,140.80 120318 3/14/2022 Installation & Tune Up Services 2021 Holiday
$ 4,140.80 120318 Total
Spinitar 18-07-7770 $ 51,716.91 120319 3/14/2022 Council Chambers A/V System Installation
$ 51,716.91 120319 Total
Springbrook Holding Company, LLC 10-14-6310 $ 582.00 120320 3/14/2022 Civic Pay Transaction Fee Springbrook Holding Company, LLC 60-50-6310 $ 582.00 120320 3/14/2022 Civic Pay Transaction Fee Springbrook Holding Company, LLC 63-56-6310 $ 582.00 120320 3/14/2022 Civic Pay Transaction Fee $ 1,746.00 120320 Total
State of Calif Dept of Justice 10-00-2014 $ 1,225.00 120321 3/14/2022 Fingerprint Apps/FBl/Child Abuse Index
$ 1,225.00 120321 Total

AP Check Register
March 4, 2022 through March 16, 2022
10 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Stanislaus County Auditor-Controller 69-47-6530 $ 56.98 120322 3/14/2022 CNG Fuel Pumped from Morgan Road/ December 2021
Stanislaus County Auditor-Controller 10-33-6530 $ 56.98 120322 3/14/2022 CNG Fuel Pumped from Morgan Road/ December 2021
$ 113.96 120322 Total
Stanislaus County Peace Officers Association 10-21-6635 $ 8.00 120323 3/14/2022 SCPOA 2022 Dues $ 8.00 120323 Total
STAPLES ADVANTAGE 10-14-6300 $ 27.04 120324 3/14/2022 Flash Drives, Envelopes STAPLES ADVANTAGE 60-50-6300 $ 27.03 120324 3/14/2022 Flash Drives, Envelopes STAPLES ADVANTAGE 63-56-6300 $ 27.03 120324 3/14/2022 Flash Drives, Envelopes STAPLES ADVANTAGE 10-21-6300 $ 135.83 120324 3/14/2022 Face Masks, Paper, Coffee Cups STAPLES ADVANTAGE 60-50-6300 $ 28.03 120324 3/14/2022 Micro Message Dater, Pens STAPLES ADVANTAGE 63-56-6300 $ 28.04 120324 3/14/2022 Micro Message Dater, Pens STAPLES ADVANTAGE 63-56-6300 $ (17.79) 120324 3/14/2022 Refund for Micro Message Dater STAPLES ADVANTAGE 60-50-6300 $ 29.81 120324 3/14/2022 Dater, Staple Remover STAPLES ADVANTAGE 63-56-6300 $ 29.82 120324 3/14/2022 Dater, Staple Remover $ 314.84 120324 Total
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 24,788.50 120325 3/14/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
STANTEC CONSULTING SERVICE, Inc 17-50-7120 $ 8,127.00 120325 3/14/2022 Project# 184031401 WWTRF Influent Trunk Sewer Upgrades
STANTEC CONSULTING SERVICE, Inc 63-56-6200 $ 2,934.25 120325 3/14/2022 Project #184032179 Water Master Plan Update
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 15,459.00 120325 3/14/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 4,337.50 120325 3/14/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
STANTEC CONSULTING SERVICE, Inc 60-50-6200 $ 11,714.25 120325 3/14/2022 Projeet# 184030113 Groundwater Monitoring Services
STANTEC CONSULTING SERVICE, Inc 60-50-6200 $ 4,020.00 120325 3/14/2022 Project #184031346 PFAS Monitoring
STANTEC CONSULTING SERVICE, Inc 17-50-7120 $ 44,816.00 120325 3/14/2022 Project# 184031401 WWTRF

Influent Trunk Sewer Upgrades
$ 116,196.50 120325 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 120326 3/14/2022 Cleaned & Buffed Floors@ City Hall
$ 185.00 120326 Total
TBS Contractors 24-32-7780 $ 5,374.64 120327 3/14/2022 Kern St Pedestrian lmprovements Progress Payment 2
$ 5,374.64 120327 Total
Terex USA, LLC 10-33-6530 $ 811.97 120328 3/14/2022 Repair on Versalift Terex USA, LLC 10-44-6530 $ 811.97 120328 3/14/2022 Repair on Versalift Terex USA, LLC 69-47-6530 $ 811.97 120328 3/14/2022 Repair on Versalift $ 2,435.91 120328 Total
T.H.E. OFFICE CITY 10-14-6300 $ 12.06 120329 3/14/2022 Ink Pads T.H.E. OFFICE CITY 60-50-6300 $ 12.05 120329 3/14/2022 Ink Pads T.H.E. OFFICE CITY 63-56-6300 $ 12.05 120329 3/14/2022 Ink Pads T.H.E. OFFICE CITY 10-14-6300 $ (12.06) 120329 3/14/2022 Return of Ink Pads T.H.E. OFFICE CITY 60-50-6300 $ (12.05) 120329 3/14/2022 Return of Ink Pads T.H.E. OFFICE CITY 63-56-6300 $ (12.05) 120329 3/14/2022 Return of Ink Pads T.H.E. OFFICE CITY 10-14-6300 $ 12.06 120329 3/14/2022 Ink Pads

AP Check Register
March 4, 2022 through March 16, 2022
11 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description T.H.E. OFFICE CITY 60-50-6300 $ 12.05 120329 3/14/2022 Ink Pads T.H.E. OFFICE CITY 63-56-6300 $ 12.05 120329 3/14/2022 Ink Pads T.H.E. OFFICE CITY 10-14-6300 $ 13.75 120329 3/14/2022 Typewriter Ribbon T.H.E. OFFICE CITY 60-50-6300 $ 13.74 120329 3/14/2022 Typewriter Ribbon T.H.E. OFFICE CITY 63-56-6300 $ 13.74 120329 3/14/2022 Typewriter Ribbon $ 77.39 120329 Total
Titan Fence 10-07-6200 $ 1,233.85 120330 3/14/2022 Repair Parking Lot Gate/ PD $ 1,233.85 120330 Total
Torres-Raya Andrea 10-45-6730 $ 330.00 120331 3/14/2022 Youth Basketball Scorekeeper/ Torres-Raya
$ 330.00 120331 Total
True Blue Veterinary Group 10-21-6208 $ 1,510.00 120332 3/14/2022 Menthly Contract Animal Control/ February 2022
True Blue Veterinary Group 10-21-6208 $ 491.93 120332 3/14/2022 Catch & Release Program February 2022
True Blue Veterinary Group 10-21-6208 $ 244.31 120332 3/14/2022 Catch & Release Program March 2022
$ 2,246.24 120332 Total
Tualla Eric 10-45-6730 $ 210.00 120333 3/14/2022 Youth Basketball Scorekeeper/ Tualla
$ 210.00 120333 Total
JJ LIQUOR'S 63-00-2010 $ 50.00 120232 3/9/2022 Refund Check $ 50.00 120232 Total
MADRIGAL SERGIO 63-00-2010 $ 40.17 120233 3/9/2022 Refund Check $ 40.17 120233 Total
UNITED RENTALS, INC 18-32-7739 $ 1,235.77 120334 3/14/2022 Telescopic Boom Rental $ 1,235.77 120334 Total
UNITED STATES POSTMASTER 10-14-6330 $ 110.67 120335 3/14/2022 P.O. Box 787 Annual Fee 2022 UNITED STATES POSTMASTER 60-50-6330 $ 110.67 120335 3/14/2022 P.O. Box 787 Annual Fee 2022 UNITED STATES POSTMASTER 63-56-6300 $ 110.66 120335 3/14/2022 P.O. Box 787 Annual Fee 2022 $ 332.00 120335 Total
Vasquez Mateo 10-45-6730 $ 208.00 120336 3/14/2022 Youth Basketball Referee/

Vasquez
$ 208.00 120336 Total
Verizon Wireless 10-06-6420 $ 38.01 120337 3/14/2022 Mobile laptop access 1-19-22 to 2-18-22
Verizon Wireless 63-56-6420 $ 38.01 120337 3/14/2022 Mobile laptop access 1-19-22 to 2-18-22
Verizon Wireless 10-22-6615 $ 114.03 120337 3/14/2022 Mobile laptop access 1-19-22 to

2-18-22
Verizon Wireless 10-21-6420 $ 342.09 120337 3/14/2022 Mobile laptop access 1-19-22 to 2-18-22
$ 532.14 120337 Total
Garcia Armando 10-33-6200 $ 3,075.00 120338 3/14/2022 General Tree Services $ 3,075.00 120338 Total
Westside Water Conditioning 10-14-6300 $ 19.50 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22 City Hall
Westside Water Conditioning 60-50-6300 $ 19.50 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22 City Hall
Westside Water Conditioning 63-56-6300 $ 19.50 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22 City Hall
Westside Water Conditioning 10-21-6200 $ 39.00 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22 /PD

AP Check Register
March 4, 2022 through March 16, 2022
12 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Westside Water Conditioning 60-50-6300 $ 43.88 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22/ Corp Yard
Westside Water Conditioning 63-56-6300 $ 43.87 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22/ Corp Yard
Westside Water Conditioning 10-22-6200 $ 48.75 120339 3/14/2022 Bottle Water Delivery 2-1-22 & 2-15-22/ FD
$ 234.00 120339 Total
West Coast Pet Memorial Services 10-21-6208 $ 54.48 120340 3/14/2022 Disposal Clinic $ 54.48 120340 Total
White Brenner, LLP 10-15-6200 $ 467.50 120341 3/14/2022 Through Dec 2021 General Municipal
White Brenner, LLP 10-15-6200 $ 69.20 120341 3/14/2022 Professional Srvcs Rendered Through Dec 2021 HR
White Brenner, LLP 10-15-6200 $ 532.40 120341 3/14/2022 Professional Srvcs Rendered Through Dec 2021 PD
White Brenner, LLP 10-15-6200 $ 58.50 120341 3/14/2022 Professional Srvcs Rendered Through Dec 2021 Coronavir
White Brenner, LLP 63-56-6200 $ 158.60 120341 3/14/2022 Professional Srvcs Rendered Through Dec 2021 Cal Sport v
De
$ 1,286.20 120341 Total
YANCEY LUMBER COMPANY 63-56-6300 $ 10.77 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 5.14 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 0.67 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 0.61 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 0.90 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 3.46 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 9.30 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 2.71 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 4.26 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 14.73 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 27.64 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light

Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 29.58 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 29.16 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6700 $ 19.49 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 58.69 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 96.90 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 36.23 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 7.80 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 49.50 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 2.91 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-21-6300 $ 133.96 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 24.74 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 6.30 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 3.21 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 33.33 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6700 $ 8.66 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-07-6300 $ 40.54 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs

AP Check Register
March 4, 2022 through March 16, 2022
13 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 63-56-6300 $ 9.22 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-06-6300 $ 15.53 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-06-6300 $ 2.71 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 17.45 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-21-6300 $ 6.76 120342 3/14/2022 Dog Food/Misc Tools/Locks/Light Bulbs
$ 712.86 120342 Total
$ 789,466.97 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING MARCH 8, 2022
CITY COUNCIL CHAMBERS, 6:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CITY OF NEWMAN RESOLUTION NO. 2022-10, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.

GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC.

All MEMBERS OF THE PUBLIC MAY PARTICIPATE AND COMMENT VIA VIDEO CONFERENCING AT https://zoom.us/j/93545430897 PASSCODE: 964380 AND VIA TELECONFERENCE BY CALLING (669) 900-6833, MEETING ID: 935 4543 0897 PASSCODE: 964380

1. Call To Order - Mayor Graham 6:00 P.M.

2. Pledge Of Allegiance.

3. Invocation – Council Member McDonald.

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

ABSENT: Candea.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters – None.

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

Council Member Ball Stated That He Was Asked To Relay A Comment On Behalf Of A Citizen And Stated That They Requested A Radar Speed Trailer To Help With Speed Control On Yolo Street.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The February 22, 2022 Meeting. d. Adopt Resolution No. 2022-14, A Resolution Authorizing The City Manager Or Fire Chief To Apply For And Execute Any Future Agreement With San Joaquin Valley Air Pollution Control District For Funding Through The Public Benefit Grants Program. e. Adopt Resolution No. 2022-15, A Resolution Of The City Council Of The City Of Newman Making Findings In Accordance With AB 361 And Government Code Section 54953(e), Authorizing Remote Teleconference Meetings For The Legislative Bodies Of The Newman City Council.

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

9. Public Hearings
a. Adopt Resolution No. 2022- , A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.

ACTION No Action Was Taken; Agenda Item 9.a. Was Pulled From The Agenda As The Public Nuisance Had Been Removed Prior To The City Council Meeting.

10. Regular Business
a. Adopt Resolution No. 2022-16, A Resolution Accepting The Bid And Awarding A Contract To DSS DBA Knife River Construction For The 2020 SB1 Improvements Project And Authorizing The City Manager To Execute The Agreements.

Council Member McDonald Asked If There Was A List Of Local Contractors That Were Included In The Bid Process.

Public Works Director Reyes Explained That Bids Are Always Advertised In The Local Newspaper As Well As On All The Construction Exchanges.

ACTION: On A Motion By Pimentel Seconded By McDonald, Resolution No. 2022-16, A Resolution Accepting The Bid And Awarding A Contract To DSS DBA Knife River Construction For The 2020 SB1 Improvements Project And Authorizing The City Manager To Execute The Agreements, Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES:

None; ABSENT: Candea; NOT PARTICIPATING: None.
b. First Reading And Introduction Of Ordinance No. 2022- , An Ordinance Of The City Council Of The City Of Newman Amending Title 10; Traffic Regulations, Amending Section

10.04.030 To Establish Parking Restrictions Of Semi Trucks And Trailers Within City Limits.

Mayor Graham Asked If There Was A Designated Area For Trucks To Park In The City Limits.

Sergeant Williams Stated Yes, That There Were Locations Within The City For Parking And There Was Commercial Property With Available Rental Space.

Mayor Graham Asked If There Would Be A Warning Period If The Proposed Ordinance Was Approved.

Sergeant Williams Replied Yes, They Would Be Educating The Truck Drivers And Provide Them With Information About Their Parking Options.

Council Member McDonald Stated That He Appreciated Sergeant Williams Dedication To The City.

Council Member Pimentel Expressed That He Doesn’t Like Trucks Parking In Or Adjacent To Residential Areas.

ACTION: On A Motion By Ball Seconded By McDonald, Ordinance No. 2022- , An Ordinance Of The City Council Of The City Of Newman Amending Title 10; Traffic Regulations, Amending Section

10.04.030 To Establish Parking Restrictions Of Semi Trucks And Trailers Within City Limits, Was Introduced By Council Member Ball And Had Its First Reading By Title Only, By The Following Vote:

AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: Candea; NOT PARTICIPATING: None.

11. Items From District Five Stanislaus County Supervisor.

Supervisor Condit Reported That Lourdes Castro Ramirez, Secretary Of The Business, Consumer Services And Housing Agency, Would Be Visiting The Host House In Patterson. Condit Noted That The Host House And Naomi’s House Were True Models And That They Were Giving A Hand Up And Not A Hand Out. He Mentioned That Council Member McDonald Would Be Representing The City Of Newman At The Said Event. Condit Pointed Out That The Next West Side Healthcare Taskforce Meeting Would Be Held Virtually On Thursday, March 10th.

Council Member McDonald Requested More Information Regarding The Upcoming Host House Meeting.

Supervisor Condit Explained That The Meeting Would Be At 10:00 A.M. On The Upcoming Thursday In Patterson And Stated That He Would Have Russell Fowler Follow Up With Additional Information.

12. Items From The City Manager And Staff.

City Manager Holland Reported That The March 22nd Council Meeting Was Scheduled To Be InPerson In The Council Chambers. Holland Noted That There Would Be Some Changes To The New Audio Visual System And Indicated That The City Would be Providing Training The Following Week. He Remarked That The Cities In Stanislaus County And The County Were Close To A Property Tax Agreement And That He Was Optimistic That Said Agreement Could Be Completed In May. Holland Reminded The Council About The Two On Two Meeting Scheduled For Tuesday, March 15th At 4:00 P.M. He Stated That A Conditional Offer Had Been Made To A New Community Service Officer (CSO) And She Was Scheduled To Begin On April 1st. Holland Mentioned That The City Would Be Conducting Interviews For Police Officer On The Upcoming Thursday. He Explained That The City’s Initial Measure “L” Road Project Had Been Paid Off And Now The City Was Going To Assess The Roads Again To Prepare For The Next Road Project. Holland Indicated That The Next Road Project Would Be Designed To Provide Maximum Impact To The Community.

Mayor Graham Asked If Once The Road Repair Schedule Was Approved, That It Be Added To The City’s Website For The Residents To Review.

City Manager Holland Stated Yes, That Once The Road Project Plan Was Approved, It Would Be Added To The City’s Website But Noted That The City Would Also Be Seeking Public Input Before The Plan Was Adopted.

Recreation Director/Community Liaison Mendoza Reported That There Were Two Programs Underway, The Men’s Basketball Open Gym On Sunday Nights And The Adult Co-Ed Volleyball On Tuesday And Thursday Nights. Mendoza Provided An Update On The Farmers Market Events Scheduled To Be Held On Friday Nights In May And June. She Noted That There Had Been A Lot Of Interest From Vendors And There Would Be More Of A Variety At Said Events Chief Richardson Thanked Council For Introducing The Truck Parking Ordinance. Richardson Reported That The Police Department Had Already Been Addressing Concerns About Speeding On Yolo And “T” Streets. He Stated That The Department Had Been Stopping Speeders Using An Unmarked Police Car. Richardson Pointed Out The Etch And Catch Catalytic Converter Program Was Sergeant Williams Idea And Noted That The Students At Orestimba High School Students Etched Twenty-Six Cars With Their VIN Number On The Catalytic Converters. Richardson Noted That Tickets Were Still Available The March 26th K9 Crab Feed.

Council Member Ball Thanked The Police Department For Their Efforts.

Council Member McDonald Asked If The Police Department Was Aware Of The Recent Loud Explosions.

Chief Richardson Stated That Yes They Were Aware Of Them And That They Were Happening About One Mile Out Of The City Limits.

Mayor Graham Thanked The Police Department For Their Efforts.

13. Items From City Council Members.

Council Member Pimentel Asked For An Update On The ARCO Station Project.

City Manager Holland Stated That Permits Have Been Issued And They Are Free To Move Forward It Just Depends On Their Timeline.

Mayor Graham Thanked Staff For Their Hard Work.

14. Adjournment.

ACTION: On A Motion By Pimentel Seconded By McDonald And Unanimously Carried, The Meeting Was Adjourned At 6:40 P.M.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 9.a.

City Council Meeting
of March 22, 2022
AN ORDINANCE AMENDING TITLE 10; TRAFFIC REGULATIONS, AMENDING SECTION 10.04.030 TO

ESTABLISH PARKING RESTRICTIONS OF SEMI TRUCKS AND TRAILERS WITHIN CITY LIMITS RECOMMENDATION:

It is recommended the City Council:

1. Conduct a public hearing, and

2. Adopt Ordinance No. 2022-, amending Title 10; Traffic Regulations, Section 10.04.030 Parking Of Certain Size Vehicles, To Establish Parking Restrictions Of Semi Trucks And Trailers Within City Limits, and

3. Authorize Staff to publish a summary of said Ordinance.

BACKGROUND:

The City currently permits semi-truck and trailer parking in the following areas: Merced Street between Eucalyptus Avenue and Hills Ferry Road, along the west shoulder of M Street between Kern Street and Merced Street, along the west shoulder of M Street between Merced Street and Inyo A venue, L Street from Merced Street to the south dead end, Stanislaus Street between M Street and L Street, Inyo A venue between M Street and the eastern city limits, and all oflndustrial Way.

Since the inception of permitted semi-truck parking locations, the City has received complaints of unlawful semi-truck washing, obstructed views of the roadway as a result of parking, mechanical repairs, and semi-truck parking in unauthorized locations, including residential zones. Dating back to 2015, a brief search of the Newman Police Department database system located twenty documented complaints pertaining to these concerns. The aforementioned complaints have resulted in violations of state and local codes, presented traffic safety hazards, contributed to premature deterioration of roadways, and have been the cause of noise complaints in residential neighborhoods.

This Ordinance was introduced at the March gth City Council meeting; where the Council waived the First reading except by Title.

ANALYSIS:

Currently there is a gross of nearly 16,000 feet worth of permissible semi-truck and trailer parking within the City. It should be noted that private driveway accesses and intersections of cross streets are included within this total. There is "No Truck Parking" signage posted to pre-existing utility poles in other locations within the City and are posted approximately 300 feet apart. Recently, the number of semi-trucks and trailers parked in the permitted locations were counted at various times of day over the course of several weeks. It was found that an average of 23 semi-trucks utilize these 'parking locations. The greatest number of semi-trucks and/or trailers parked in these locations during this sample was found to be 30, and the fewest number of trucks was 18. The remainder of semi-trucks and trailers parked throughout the City are in violation of local code.

Rental space options are offered at various private commercial lands within the City at a cost of $100 per month.

These would provide parking options for semi-truck and trailers at a fee and would thereby not preclude any and all parking within the City. The lots are located nearby current authorized parking zones. It should be noted that this recommendation is only applicable to parking and does not limit or restrict pre-established semi-truck routes.

FISCAL IMPACT:
$5, 100.00 is the estimate for signage materials. This estimate does not include staff hours to erect the signs, which is estimated to be a week.

CONCLUSION:

There are currently several locations within the City in which semi-truck and trailer is permissible. Over the past several years the City has received complaints of unlawful parking of these vehicles in residential neighborhoods, illegal washing, and traffic safety hazards created by obstructed views. Therefore, staff Agenda Item: 9.a.
recommends City Council Adopt Ordinance No. 2022- , amending Title 1 O; Traffic Regulations, Section I 0.04.030 Parking Of Certain Size Vehicles, To Establish Parking Restrictions Of Semi Trucks And Trailers Within City Limits and direct staff to publish a summary of said Ordinance:

ATTACHMENTS:

1. Proposed Ordinance No. 2022- , Title I 0, Chapter 4.

2. City of Newman map depicting current truck route and existing commercial vehicle parking.

Respectfully submitted,
~ Randy Richardson
Chief of Police
REVIEWED/CONCUR:
-~~o Michael Holland
City Manager
ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN AMENDING TITLE 10; TRAFFIC REGULATIONS, AMENDING SECTION 10.04.030 TO ESTABLISH

PARKING RESTRICTIONS OF SEMI TRUCKS AND TRAILERS WITHIN CITY LIMITS WHEREAS, the City of Newman ("City") currently permits semi-truck and trailer parking within designated areas in City limits; and
WHEREAS, since the inception of permitted semi-truck and trailer parking locations, the City has received numerous complaints of unlawful semi-truck washing, obstructed views of the roadway as a result of parking, and semi-truck parking in unauthorized locations, including in residential zones; WHEREAS, the parking of semi-trucks and trailers within City limits have resulted in violations of state and local codes, presented traffic safety hazards, contributed to premature deterioration of roadways, and have been the cause of noise complaints in residential neighborhoods; and WHEREAS, the City Council desires to establish clear parameters and restrictions on semi-truck and trailer parking to reduce the impact on City roads and residential neighborhoods.

NOW, THEREFORE, the City Council of the City of Newman does hereby ordain as follows:

Section 1.

Title 10 Traffic Regulations, Section 10.04.030 Parking of Certain Size Vehicles be amended to read as follows:

10.04.030 Parking of Certain Size Vehicles.

A. It shall be unlawful for any person to park any vehicle or combination of vehicles on any street, avenue or alley in the City where any part of said vehicle or combination of vehicles extends more than 15 feet from the closest point on the curb line or top of curb.

B. No semi-truck, trailer, or any combination thereof, with or without a load, shall be permitted to stop, stand, or park on any street within the City of Newman city limits unless such vehicle is engaged in the loading or unloading of passengers or materials from the vehicle, is engaged in the providing of services at that location, in compliance with signals, signs, or the direction of a police officer, or upon the lands of private commercial property.

Section 2.

If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3.

All other sections and provisions of Title 10 shall remain in full force and effect.

Section 4.

This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the West Side Index, a newspaper of general circulation, published and circulated in the City of Newman and thenceforth and thereafter the same shall be in full force and effect.

The foregoing' ordinance was introduced by Council Member Ball and the title thereof read at the regular meeting of the City Council of the City of Newman held on the 8th day of March, 2022, and by a unanimous vote of the council members present, further reading was waived.

On motion of Council Member , seconded by Council Member ___________ ,the foregoing ordinance was duly passed by the City Council of the City of Newman at a regular meeting thereof held on the 22nd day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Red - Truck Route
Yellow - Existing Commercial Vehicle Parking
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 9.b.

City Council Meeting
of March 22, 2022
ADOPT RESOLUTION NO. 2022- , DECLARING THE EXISTENCE OF A PUBLIC NUISANCE UNDER ORDINANCE NO. 281 MISTLETOE ABATEMENT
RECOMMENDATION:

It is recommended that the Newman City Council adopt Resolution No. 2022- , a resolution declaring the existence · of a public nuisance under Ordinance No. 281 Mistletoe Abatement.

BACKGROUND:

Broadleaf mistletoe is an evergreen parasitic plant that grows on a number of landscape tree species in California.

Mistletoe reduces growth in trees by utilizing the host mainly for water and mineral nutrients, and may kill them with heavy infestations. These plants produce small, sticky, whitish berries if they are female or pollen if they are male. The plant is typically spread to other trees from birds, and it is important to remove mistletoe before it is spread to other limbs or trees. The most effective method for control is through complete removal of the branch by mechanical pruning. Mistletoe cannot be completely eradicated; however it can be controlled through complete removal.

ANALYSIS:

Abatement notices for the removal of mistletoe were sent out on February 8, 2022, to 54 properties in accordance with City of Newman Municipal Code Chapter 9.06, Section 9.06.020 Notice to Abate. This notice informs property owners of all nuisance abatement procedures, options and their right to object at a public hearing. Several property owners removed the mistletoe. On March 9, 2022, the 21 properties remaining were served with certified letters to remove mistletoe and given a Public Hearing Notice. It is anticipated that additional property owners will comply with the abatement notices prior to the hearing date. A final compliance survey will be done on Tuesday, March 22, 2022. An updated list of properties that have not complied with the abatement notice will be read out loud at the council meeting prior to the public hearing. The final list will include the cost to the remaining property owners for the removal of mistletoe.

FISCAL IMPACT:

None
CONCLUSION:

Mistletoe is a parasitic plant afflicting a number of trees in the City. Abatement notices have been sent to the property owners of the infected trees in accordance with City Municipal Code Chapter 9 .06. Therefore, staff recommends City Council adopt Resolution 2022-, a resolution declaring the existence of a public nuisance under Ordinance No. 281 Mistletoe Abatement.

ATTACHMENTS:

1. Resolution No. 2022-, a resolution declaring the existence of a public nuisance under Ordinance No. 281 Mistletoe Abatement.

2. Exhibit A Mistletoe Abatement List.

3. Notice to Property Owners (Sample).

Respectfully Submitted,
~~ Kathryn Reyes
Director of Public Works
REVIEWED/CONCUR:

Michael E. Holland
City Manager
RESOLUTION NO. 2022-
DECLARING THE EXISTENCE OF A PUBLIC NUISANCE UNDER ORDINANCE NO. 281

MISTLETOE ABATEMENT
WHEREAS, the Director of Public Works of the City of Newman has reported mistletoe located and existing upon property in the City of Newman not in compliance with Ordinance No 281; and WHEREAS, the Director of Public Works caused notice to be mailed to the respective owners of the subject properties in accordance with said Ordinance. Said notice giving notice to abate nuisance and setting a time and place for hearing objections to the proposed abatement; and WHEREAS, hearing was held on March 22, 2022, at 7:00 p.m. in accordance with said notice; and
WHEREAS, no objections to the proposed abatement were received at the Public Hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman that said City Council finds that there is mistletoe growing and existing upon real property in the City of Newman not in compliance with Ordinance 281. A condition exists with regard to the properties in said City which endangers and may injure neighboring property, and endangers and injures the welfare of the residents in the vicinity of said property, and said mistletoe shall be removed, destroyed and abated; and that a description of said property is attached hereto as Exhibit "A" and made a part by reference.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 22nd day of March, 2022 by Council Member , who moved its adoption, which motion was duly seconded and adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor of the City of Newman
ATTEST:

City Clerk of the City of Newman
Exhibit "A"
Location APN Cost Admin Fee Total Charge
026-057- $ $ $
2022 Osburn Park RD. 007 50.00 7.50 57.50
026-057- $ $ $
1617 Sandy Creek DR. 005 70.00 10.50 80.50
026-057- $ $ $
2044 Carlsbad Caverns CT. 017 60.00 9.00 69.00
026-046- $ $ $
1536 Sandy Creek DR. (side tree) 043 70.00 10.50 80.50
128-050- $ $ $
1930 Pine Street 018 80.00 12.00 92.00
128-050- $ $ $
1936 Pine Street (tree on back of property) 015 90.00 13.50 103.50 128-050- $ $ $
1923 Pine Street 005 60.00 9.00 69.00
128-026- $ $ $
1956 T Street 026 45.00 6.75 51.75
128-026- $ $ $
1557 Langston DR. 051 60.00 9.00 69.00
026-056- $ $ $
1625 Blue Spruce WY. 054 120.00 18.00 138.00
026-056- $ $ $
1618 Blue Spruce WY. ) 003 80.00 12.00 92.00
128-001- $ $ $
1151 T Street 010 60.00 9.00 69.00
026-049- $ $ $
597 Real CT. 010 150.00 22.50 172.50
026-040- $ $ $
889 Main Street (back Yard) 040 120.00 18.00 138.00
128-005- $ $ $
1125 S Street 021 90.00 13.50 103.50
128-059- $ $ $
1523 Brookheaven DR. 005 100.00 15.00 115.00
049-051- $ $ $
1367 Merganser CT. 012 70.00 10.50 80.50
049-050- $ $ $
1335 Red Teal DR. (back yard) 025 170.00 25.50 195.50
026-053- $ $ $
606 sweetgum LN. (on abatement last year) 030 160.00 24.00 184.00 049-049- $ $ $
1243 Duck Blind Cir. 037 90.00 13.50 103.50
049-049- $ $ $
1239 Duck Blind Cir. 035 100.00 15.00 115.00
March 9, 2022
NEWMAN, CA 95360

THIS IS NOT A BILL

NOTICE OF PUBLIC HEARING

MISTLETOE ABATEMENT
RE: Mistletoe Removal Charges for: 2022 Osburn Park RD., APN No. 026-057-007 Dear Resident,
On Tuesday, March 22, 2022, at 7:00 PM or shortly after, a Public Hearing will be held at the Newman City Council meeting located on the second floor of 938 Fresno Street, at which time all property owners will have the opportunity to place all objections to be heard and given due consideration. We have been directed to have your property assessed for abatement by hiring a private tree service. The cost estimate for removing the mistletoe from the trees on your property is $50.00 plus a 15% administrative fee . The work for the mistletoe abatement is scheduled to take place within one week after the Public Hearing. You will receive a bill for the work performed. If you fail to pay this bill, a lien may be placed on your property. If you wish to avoid these charges, please have the mistletoe abated from your property immediately and notify the City Public Works Department that you have done so by calling (209) 862-4448 this will ensure that removal is verified and you are removed from the abatement schedule.

If you have any questions, please contact the Public Works Office at (209) 862-4448.

Sincerely, 4:r#-
Perfecto Millan
PW Superintendent
Cost of Removal: $50.00
Administrative Fee: $7.50
Total Charge for Removal: $57 .50
P.O. BOX 787. 938 FRESNO STREET. NEWMAN, CA 95360 I PH (209) 862-3725 • FAX (209) 862-3199 I WWW.CITYOFNEWMAN.COM Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.

City Council Meeting
of March 22, 2022
AN ORDINANCE AMENDING CHAPTER 8.01, GARBAGE AND RUBBISH, OF TITLE 8,

HEALTH AND SANITATION, OF THE NEWMAN MUNICIPAL CODE TO REGULATE

THE DISPOSAL OF RECYCLABLE AND ORGANIC MATERIALS
RECOMMENDATION:

It is recommended that City Council introduce by title and waive first reading of Ordinance No. 2022 - , amending Chapter 8.01, Garbage and Rubbish, of Title 8, Health and Sanitation, of the Newman Municipal Code to regulate the disposal of recyclable and organic materials.

BACKGROUND:

In September 2016, Governor Brown signed into law Senate Bill 1383 ("SB 1383") establishing methane emissions reduction targets in a state-wide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy. Methane emissions result from the decomposition of organic waste in landfills and are a source of greenhouse gas (GHG) emissions. SB 1383 directs the Department of Resources Recycling & Recovery ("CalRecycle") to adopt regulations and requirements to achieve state-wide goals. These goals include achieving a 75% reduction in statewide disposal of organic waste by 2025, and a recovery of 20% or more of currently disposed edible food, directing it toward human consumption.

ANALYSIS:

To meet the state-wide goals of SB 1383 and its January 1, 2022 compliance implementation deadline, CalRecycle has established numerous organic waste disposal program requirements impacting municipal jurisdictions, generators, processors, and haulers of organic waste. Compliance with SB 1383 requires the City of Newman (the "City") to update its solid waste disposal regulations to set protocols and enforcement for self-hauling, requirements for waivers, an inspection and enforcement protocol for organic waste collection service and enforcement of edible food recovery program requirements. The ordinance will update the City's solid waste disposal regulations to comply with SB 1383 (the "Ordinance"). SB 1383 imposes a significant change to State and local policy. In order to meet State goals and mandates, the City is required to adopt the proposed Ordinance.

FISCAL IMPACT:

None.

CONCLUSION:

To meet the requirements of SB 1383, the City is required to adopt and enact an organic waste disposal program.

The proposed Ordinance would set protocols, inspection and enforcement requirements in compliance with AB 1383.

Therefore, staff recommends the Council introduce by title and waive first reading of Ordinance No. 2022 - , amending Chapter 8.01, Garbage and Rubbish, of Title 8, Health and Sanitation, of the Newman Municipal Code to regulate the disposal of recyclable and organic materials.

ATTACHMENTS:

1. Ordinance No. 2022 - , amending Chapter 8.01, Garbage and Rubbish, of Title 8, Health and Sanitation Respectfully submitted,
Michael Holland
City Manager
{CWl 12106.3}
ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN AMENDING CHAPTER 8.01, GARBAGE AND RUBBISH, OF TITLE 8, HEALTH AND SANITATION, OF

THE NEWMAN MUNICIPAL CODE TO REGULATE THE DISPOSAL OF RECYCLABLE

AND ORGANIC MATERIALS
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS. State recycling law, Assembly Bill 341 of201 l (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41 731, 41 734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826of2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires jurisdictions to implement a Mandatory Commercial Organics Recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, SelfHaulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.

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

SECTION 1. Chapter 8.01, Garbage and Rubbish, of Title 8, Health and Sanitation of the Newman Municipal Code is repealed in its entirety and replaced with a new Chapter 8.01 that shall read as follows:
{CWI 12107.3}

8.01.010 Definitions.

Chapter 8.01

GARBAGE AND RUBBISH
Article I. Garbage and Refuse Collection
For lht! purpust.:: uf this article, ce1tain words and phrases used herein arc defined us follows:
"Act" means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including but not limited to, the Jobs and Recycling Act of201 l (AB 341), SB 1016 (Chapter 343, Statutes of2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle. "CCR" means the California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "City Manager" means the City Manager of the City of Newman, or his or her designee, which may include city employees.
"Collection" means to take physical possession of solid waste at, and remove from, the place of generation for transport to a solirl wflste fa cility or other recovery activity. "Commercial business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily dwelling, or as otherwise defined in 14 (CCR) Section l 8982(a)(6). A multi-family dwelling that consists offewer than five (5) or more dwelling units is not "Commercial", for the purposes of this article.
"Commercial edible food generator" means a tier one or a tier two commercial edible food generator as defined in 14 CCR section l 8982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.
"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR section l 7855(a)(4); or, as otherwise defined by 14 CCR section 18982(a)(8). "Composting" means the process of controlled biological decomposition of organic waste. "Construction and demolition debris" or "C&D" means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
"Container" or "collection container" means, for the purpose of this article, any bin, box or cart used for the purpose of holding solid waste for collection.
"Containerized service" means service approved by the City Manager, wherein the City Contractor provides a vehicle equipped for mechanical handling. Wastewheelers shall be provided for residential use.
"Contractor" means an agent or employee of the City or a person or entity with whom the City contracts to collect and dispose of residential, commercial, and industrial solid waste produced in the City. "Debris box" means any ten (10) to forty ( 40) cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on city property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.
{CWl 12107.3}
"Disposal" means the final disposition of solid waste at a solid waste facility permitted for disposal. "Dwelling unit" means one ( 1) or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one (1) family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR section 18982, subdivision (a)( 18). For the purposes of this article or as otherwise defined in 14 CCR section 18982, subdivision (a)(l 8), "Edible Food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. "Enforcement Action" means an action of the city to address non- compliance with this article including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies. "Enforcement Agency" means an entity with the authority to enforce part or all of this article as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this article. Nothing in this article authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City. The City is an enforcement agency for all Sections of this article. The City may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the County of Stanislaus.
"Exempt waste" means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission. "Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR section 18982, subdivision (a)(25), including, but not limited to: A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113 841 of the Health and Safety code; and, A nonprofit charitable temporary food facility as defined in Section 113 842 of the Health and Safety Code.
"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR section 18982, subdivision (a)(26). A food recovery service is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR section 18982, subdivision (a)(7). "Food waste" means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food Waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.
"Garbage" means all non-recyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected.

Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste. "Generators," for the purpose of this Chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic {CWl 12107.3}
materials, or as otherwise defined as "organic waste generator" in 14 CCR section 18982, subdivision (a)( 48).
"Hauler" means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. "Hauler" includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from reporting entity to another person is a transporter, not a hauler.
"Inspection" means a site visit where ajurisdiction or its designee or designated entity, reviews records, containers, and an entity's collection, handling, recycling, or disposal of solid waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR section 18982, subdivision (a)(35).
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7
"Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
"Organic material" or "organic waste" means solid wastes containing material originated from living organisms and their melabulil; wast~ products, including but not limited to food waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR section 18982, subdivision (a)( 46).
"Person" means any person or persons, firm, association, corporation or other entity acting as principal, agenl or officer, servant or employee, for themselves or for any other person, firm or corporation. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures. (CCR, Section 17225.50) For purposes of this article the word premises includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the city.
"Prohibited container contaminants" means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the City's designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the City's designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in City's designated organic materials collection container and/or designated recyclables collection container, and ( 4) exempt waste placed in any container. "Recyclable (source separated) materials" means any material designated to be separated from the waste stream for purposes of recycling. (adapted from Pub. Resources Code, § 41951 ). This designation shall be made by the city and the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of separating the material from the waste stream at the point of collection. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and aluminum.
"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code § 40201. {CWI 12107.3}
"Residential" means, for the purposes of this article, any premise consisting of between one ( 1) and four (4) dwelling units, and onsite domestic uses accessory to these dwelling units. A multi-family dwelling that consists of fewer than five (5) dwelling units is "Residential", for the purposes of this article. "Self-haul" means a person who hauls solid waste, organic waste or recovered material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982, subdivision (a)(66). "Back-haul" means generating and transporting organic materials to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR section 189881, subdivision (a)(66)(A). "Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the Public Resources Code Section 40141, (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code) and (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a So lid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code. Recyclable materials and organic materials are a part of solid waste. "Solid waste collection service" means collection of solid waste originating in the City, by a persons, firms or corporations, and doing so under a contract or franchise agreement with the City. "Solid waste facility" or "facility" means a solid waste transfer or processing station including material recovery facilities, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act. "Source separate" means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR section 17402.5, subdivision (b )( 4).
"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR section 18982, subdivision (a):
a. Supermarkets. with gross annual sales of $2,000,000 or more b. Grocery store with a total facility size equal to or greater than 10,000 square feet. c. Food service provider, which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
d. Wholesale food vendor, which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. e. Food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
{CWl 12107.3}
"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR section 18982, subdivision (a):
feet.
a. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square b. Hotel with an on-site food facility and 200 or more rooms. c. Health facility with an on-site food facility and I 00 or more beds. d. Large venue, which means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
e. Large event, which means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. f. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
g. A local education agency facility with an on-site food facility. Local education agency means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to Solid Waste, or as otherwise defined in 14 CCR section 18982, subdivision (a)( 40).

8.01.020 Refuse collection service exclusive and compulsory.

A. All dwellings, apartment houses and places of business in which refuse accumulates within the City shall be required to use the solid waste collection service of the City and to pay the charges therefor, except as provided in NCC 8.01110. It shall be unlawful for any person, firm or corporation, except as otherwise provided in this article, to collect or gather solid waste within the City.

B. A contractor providing solid waste collection service to generators within the city shall meet the following requirements and standards for collection of organic materials.

I .Through written notice to the City annually identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials.

2. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the City to haul organic materials, unless it is transporting source separated organic materials to a Community Composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR section 18989 .1. {CWl 12107.3}
C. All solid waste, except as otherwise provided, shall be placed within City approved collection containers. A mandatory obligation is imposed on every person in the City to source separate all recyclable material and organic materials from the solid waste generated on the premise. Generators shall place source separated organic materials, including food waste, in the City approved organic materials collection container; place source separated recyclable materials in the City approved recyclable material collection container; and place garbage in the City approved provided approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable material collection container.

D. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the residence or business between the times designated for collection service. The City shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this article.

E. Nothing in this article shall prohibit private removal solid waste as described in NCC 8.01.110.

F. Generators may manage their organic materials by preventing or source reducing their organic materials, managing organic materials on site, and/or using a community composting site pursuant to 14 CCR section 18984.9, subdivision ( c ), to the extent permitted by other applicable laws.

G. Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private residential dwelling unit) and cooperate with the City contractor during such inspections and investigations as described in NCC 8.01.190.

8.01.030 Trash accumulations.

It shall be unlawful for any occupant or owner of any building, lot or premises in the City to allow or permit to collect or remain upon such premises, solid waste in such manner or quantity as is a fire menace or a health hazard to the people of the City.

8.01.040 Burning prohibited.

A. Public Places. It shall be unlawful for any person to cause, allow, aid, suffer or maintain any open burning of any kind upon any public place, street or alley within the City at any time.

B. Private Premises. It shall be unlawful for any person to cause, allow, suffer or maintain any open burning of any kind or the burning of any solid waste in any incinerator, barrel, can, pit, outdoor fireplace or similar container or enclosure upon any private premises within the City.

C. Exceptions. The provisions of this section shall not apply to the following:

1. An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food for human consumption, or for recreational purposes, and not being used primarily for the burning of waste materials or trash;

2. Comfort heating by use of a fireplace inside a residence, which fireplace is not being used primarily for the burning of solid waste;

3. A fire set on permission given by an official of the Newman Fire District for the purpose of prevention of a fire or health hazard or the disposal of waste materials which cannot be abated or disposed of by other reasonable means; or

4. Fires used as safety flares for the combustion of waste gases.

8.01.050 Burning, burying and dumping refuse.

It shall be unlawful for any person to burn, bury or dump, or permit to be burned, buried or dumped, any solid waste in any place within the City.
{CW112107.3}

8.01.060 Refuse collection service, residential.

A. Containers. Shall be provided to residential customers. The standard container is a 90-gallon wastewheeler. A 60-gallon container is available, upon request, to customers with low volume of garbage. Wastewheeler filled weight is not to exceed 200 pounds.

No employee of the City, or its authorized agents, may remove or cause to be removed from any premises any refuse which is not so contained, except as otherwise provided in this section.

B. Each residential generator shall subscribe to a level of solid waste collection service with the contractor that is sufficient to handle the volume garbage, recyclable material, and organic materials generated or accumulated on the premises and comply with requirements of those collection services ..

C. Frequency and Amount of Collection. There shall be one collection each week from all dwelling units in the City, which shall not weigh more than 200 pounds. Collection service will only be for containers that are provided by the contractor.

All curb and alley service customers shall place the solid waste containers at the curb or in the alley not later than 4:00 a.m. on the day of the collection and shall remove the solid containers from the curb or alley on the same day of the collection and be stored behind a wall, fence or within a building and not be visible from the public right-of-way.

Leaves from City street trees will be collected by the City, unbundled, unboxed or unbagged, if raked into the gutters at designated times. Trimmings, limbs and other accumulations of refuse will be accommodated for in the contract.

8.01.070 Types of residential collection service.

A. Curb Service. Customers whose property is not adjacent to an alleyway shall be responsible for placing solid waste containers at the front curb line on collection days.

B. Alley Service. Customers whose property is adjacent to an alleyway shall be responsible for placing solid wastecontainers at the alley property line on collection days.

C. Walk-In Service. Walk-in service may be available upon approval by the City Manager upon receipt of written certification that the customer is permanently and totally disabled or otherwise handicapped in such a way to make it impossible to comply with this section.

D. Nonconforming Items. All solid waste items placed out to the alley or curb for collection, not in conformance with this section, are hereby declared nonconforming items and will not be collected with the regular solid waste collection routes.

Large, bulky items, including tree limbs and stumps over four inches in diameter, furniture and appliances, concrete, building materials, tires, etc., are also nonconforming items.

E. Containerized Service. "Containerized service," as defined in NCC 8.01.010, shall be used by all multiple dwelling units within 90 days after the passage of this article. Containerized service may also be used for single-family residences when requested by the customer or as required by the City for failure to provide adequate means to prevent dogs and cats from tipping over regular garbage cans.

8.01.080 Types of commercial collection service.

A. Containerized Service.

1. "Containerized service," as defined in NCC 8.01.010, shall be used by all commercial and industrial customers with a practical access to an alley or driveway within 90 days after the passage of this article. Such containers shall be located at a place specified by the City. {CWl 12107.3}

2. Commercial customers with a low volume of refuse may make arrangements to "share" the charge of a bin with other neighboring businesses. They may also obtain a wastewheeler that is suitable to meet garbage needs of the business.

B. Bulk Containerized Service. Commercial and industrial customers with a high volume of refuse materials who cannot be adequately served by the City's regular containerized service shall be authorized, upon request by the City Manager, to contract with a private company for bulk containerized service.

C. Frequency of Collection. Collection of solid waste shall be made as many times per week as the City Manager may order from all meat, fish, game and vegetable markets, restaurants, boarding houses, hotels, hospitals and other like businesses.

8.01.090 Commercial customer requirements.

Commercial customers shall comply with the following requirements.

A. Each commercial customers, including all multi-family dwellings that consist of five dwelling units or more, large events and large venues shall be responsible for compliance with the requirements of this section.

B. Each commercial customer shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of solid waste, recyclable materials and organic materials generated or accumulated on the premises. Additionally, each commercial customer shall ensure the proper separation of solid waste, as established by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper source separation of solid waste.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the solid waste collection service.

D. Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.

E. Provide educational information before, or within, fourteen ( 14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage (when applicable) and the location of collection containers and the rules governing their use at each property.

F. Accommodate and cooperate with the authorized collector's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate commercial customer's compliance.

G. If a commercial customer privately removes solid waste from the premises, the commercial customer shall meet the private removal requirements in NCC 8.01.110.

Commercial customers, excluding multi-family dwellings consisting of five or more dwelling units, shall comply with the following requirements:

H. Excluding multi-family dwellings consisting of five or more dwelling units, provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where solid waste collection containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial customer does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where garbage collection {CWl 12107.3}
containers are provided for customers. Pursuant to 14 CCR section 18984.9, subdivision (b), the collection containers shall have either:

1. A body or lid that is gray or black for collection of garbage, blue for collection of recyclable materials, and green for collection of organic materials. A commercial generator is not required to replace functional collection containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those collection containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

I. Excluding multi-family dwellings consisting of five or more dwelling units, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the solid waste collection service.

J. Excluding multi-family dwellings consisting of five or more dwelling units, periodically inspect collection containers for prohibited container cont<tmimmts and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of such containers pursuant to 14 CCR section 18984.9(b)(3).

K. Commercial customers that are commercial edible food generators, as defined in NCC 8.01.110, shall comply with food recovery requirements, pursuant to NCC 8.01.170.

8.01.100 Waivers for Collection Service.

A. Pursuant to 14 CCR section 18984.11, the City may grant waivers to commercial businesses. The City Manager may either approve or deny the following waiver requests.

1. De Minimis Waivers: The City Manager may waive a commercial business' obligation to comply with some or all the mandatory collection service requirements of NCC 8.01.090 for organic materials collection service if the commercial business' meets the following requirements:
{CWl 12107.3}
a. Submit an application specifying the type of waiver requested and provide documentation as described below.
b. Provide documentation that either:
i. The commercial business receives two or more cubic yards of weekly solid waste collection service (as measured in conformance with subsection iii) and disposed organic materials comprises less than 20 gallons per week of the business' total weekly solid waste volume; or
ii. The commercial business receives less than two cubic yards of weekly solid waste collection service (as measured in conformance with subsection iii) and disposed organic materials comprises less than 10 gallons per week of the business' total weekly solid waste volume.
iii. For the purposes of subsections (i) and (ii) above, weekly solid waste collection shall be the sum of weekly garbage container volume, recyclable material container volume and organic materials container volume, measured in cubic yards.
c. Notify the City within thirty (30) days if circumstances change such that volume of commercial business' disposed organic materials placed in collection containers exceeds threshold required for waiver, in which case waiver will be rescinded. d. Provide written verification of eligibility for de minim is waiver every five years if the City has approved de minimis waiver.

2. Physical Space Waivers: The City may waive a commercial business' obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements. A commercial business or property owner may request a physical space waiver through the following process:
a. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service. b. Provide documentation that the premises lacks adequate space for the recyclable materials collection containers and/or organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer. c. Provide written verification to the City that it is still eligible for physical space waiver every five years if the City has approved application for a physical space waiver.

8.01.110 Private removal.

Notwithstanding the provisions of NCC 8.01.020:

A. Any person may remove or may cause to be removed from premises occupied by that person or under their control such solid waste as is created or produced on such premises in excess of the regular sold waste collection made by the City's collection if the following requirements of this section met or will be complied with.

B. Any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste created or produced on such premises if all of the following conditions have been met or will be complied with:

1. Such removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant.

2. All vehicles used in carrying out such removal shall be owned by or under the exclusive control of the owner or occupant, and such vehicles and activities shall meet all the requirements of this article and all other laws and ordinances of the State of California and the City relating to solid waste disposal.

3. Persons removing solid waste in excess of normal annual residential volume (defined herein as 3,000 pounds per year) shall comply with the following additional requirements:
a. No waste shall be permitted to leak, blow, litter or fall from any vehicle engaged in such removal.
b. All removal shall be done safely and quietly with due regard to the property of others. c. No person shall remove solid waste from any location within 200 feet of a public or private elementary, junior high, or high school, where such school is shown on an official map of the City, as designated by the Public Works Director, as said map shall be periodically updated, during the 45 minutes before the commencement of the regular school day and 45 minutes {CWl 12107.3}
following the conclusion of the regular school day, where such locations are accessible to and used by children as routes to or from school.
d. Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City's driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of, oils, fluids or solids by vehicles used in such solid waste removal.
e. Vehicles shall comply with CHP and D.O.T. regulations, and shall be thoroughly washed and disinfected inside the collection body following each use. f. No driver shall operate a vehicle as in subsection (B)(3)(e) of this section without a valid and appropriate driver's license.
g. All vehicles as in subsection (B)(3 )( e) of this section shall be clearly identified with the name and local telephone number of its operator affixed thereto. h. Garbage shall be disposed of at a permitted transfer facility or at the Fink Road Sanitary Landfill. If disposed of outside of Stanislaus County, the county where disposal occurs shall have an export agreement with the City of Newman.
i. Materials placed in containers for the purpose of separating recyclable or organic materialsfrom other solid waste shall be disposed of at a permitted facility that processes or recovers source separated recyclable or organic materials. j. Insurance requirements as specified from time to time by the City's Risk Manager shall be complied with.

4. All recyclable or organic materials shall be source separated. All source separated recyclable materials shall be disposed of at a facility that recovers recyclable materials; and all source separated organic materials shall be disposed at a solid waste facility, operation, activity, or property that process or recovers source separated organic materials.

5. Commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials.

Receipts and records shall be subject to inspection by request of the City Manager. The records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
b. The amount of material in cubic yards or tons transported by the generator to each entity.

6. A cash security deposit shall be deposited with the City in an amount set from time to time hy Council resolution to ensure prompt removal of solid waste in the event it is not removed from the premises on a regular weekly basis by a noncustomer owner or person in control of the premises.

The security deposit shall be made for each separate residential property or business location owned or controlled by a noncustomer, based on the frequency and volume of past collection. Events requiring City to use a noncustomer's deposit for solid waste removal shall be treated as a public nuisance subject to immediate abatement and charged to such noncustomer. Conduct requiring City to expend noncustomer deposit moneys shall constitute a misdemeanor. Any violation of this chapter may be alternatively charged as an administrative citation. {CWI 12107.3 }

7. Persons engaged in solid waste removal shall procure and retain a receipt from a permitted solid waste facility for each week they remain a noncustomer and collect and display all such receipts for the preceding one-quarter calendar year upon reasonable request by appropriate City authority.

Failure to show proof of solid waste disposal for each week that a person is a noncustomer shall constitute a public health and safety risk sufficient to permit City to administratively require such person to become a customer.

C. Any producer of industrial garbage or swill, or their employees, may transport the same upon or through any street or public place of the City for disposal at a permitted disposal facility or site.

D. It shall be unlawful for any person acting as an employee of a producer of industrial garbage or swill to collect or transport such industrial garbage or swill from more than one industrial producer thereof.

E. Any person engaged in the business of gardening or tree trimming or building demolition, or construction cleanup work, including both yards and building interiors, is authorized to remove and dispose of yard waste, rubbish or salvageable waste produced as an incident to such business.

8.01.120 Rate making for solid waste collection services.

A. Charges for solid waste service shall be as determined by the collector and shall not be subject to City review and mediation.

B. The City shall not engage in rate-making with respect to charges for solid waste collection service, except to set maximum rates as set forth in subsection (C) of this section.

C. Inasmuch as collectors granted exclusive service agreements will have no competition with respect to customers who do not wish to be non-customers, the City Council reserves the right to set maximum rates that may be charged for any solid waste collection services offered by collectors having agreements with the City specifying that the collector has an exclusive Service Agreement with respect to such service or services. Charges shall be applied uniformly throughout the City. No collector may charge differing rates within the same class of solid waste customers.

8.01.130 Payment.

The rates provided for shall be payable monthly from the date of issuance of a temporary occupancy permit for each dwelling or structure or from date of occupancy, whichever first occurs.

8.01.140 Collection of solid waste charges.

Any agreement entered into by the Council pursuant to the provisions of this article for the collection of solid waste, except industrial garbage, shall specify that all charges for solid waste service shall be collected solely by the collector or by the City pursuant to contract with a customer. The City may contract with a collection agency to perform customer billing and collection services. Nevertheless, such a contract shall not obligate the City to, and the City shall not, use its police power to collect bills remaining overdue or unpaid.

8.01.150 Owners' liability for payment of garbage and trash collection services to multiple dwellings.

Owners of multiple dwellings or apartments (two or more families) shall be responsible for the payment of garbage and trash collection services rendered to premises owned by them, although payments will be accepted from tenants. However, for convenience to the City, persons billed for water service will also be billed for garbage and trash service.

8.01.160 Solid waste facility and community compost requirements.

A. Owners of facilities, operations, and activities that recover organic materials, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity {CWl 12107.3}
at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

B. Community Composting operators, upon the City's request, shall provide information to the City to support organic materials capacity planning, including, but not limited to, an estimate of the amount of organic materials anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

8.01.170 Commercial edible food generator requirements.

A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial food generators must comply commencing January 1, 2024, pursuant to 14 CCR section 18991.3.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization fur food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR section 18991.4.

5.Keep records that include the following information, or as otherwise specified in 14 CCR section 18991.4:
{CWI 12107.3}
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR section 18991.3(b ).
b. A copy of all contracts or written agreements established under 14 CCR section 18991.3(b ).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557of2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.01.180 Food recovery organization and food recovery service requirements.

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b ), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(l):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
month.

3. The quantity in pounds of edible food transported to each food recovery organization per

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3, subdivision (b ), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5, subdivision (a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the Jurisdiction City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR section 18991.3, subdivision (b ), shall annually report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR section 18991.3, subdivision (b ), no later than April 1 of each year.

D. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the City. {CWI 12107.3}

8.01.190 Inspections and Investigations.

A. The City Manager, or his or her designee, is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this article, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial collection containers for compliance, the City Manager, or his or her designee, may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.

B. A person subject to the requirements of this article shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the City Manager, or his or her designee, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this article. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any inspection or investigation is a violation of this article and may result in penalties.

C. Any records obtained by the City Manager or contractor during inspections, investigations, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code section 6250 et seq.

D. The City, or designee, shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this article.

8.01.200 Compliance with Model Water Efficient Landscaping Ordinance (MWELO) requirements.

Property owners or their building or landscape designers, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of23 CCR, Division 2, Chapter 2.7 shall be enforced.

8.01.210 Enforcement of provisions.

The City Manager, or his or her designee, shall enforce the provisions of this article ,and shall have the power to establish rules and regulations consistent with the provisions of this article governing the keeping, collection, removal and disposal of garbage and trash.

8.01.220 Refuse collection contract authorized.

For the purpose of carrying out the collection ofrefuse the Council may, by resolulion, provitlti fur entering into a contract with any suitable person for the right to collect and remove refuse within the City.

8.01.230 Penalty.

A. Any person, firm or corporation who violates any provisions of this article shall be guilty of an infraction in accordance with the provisions of Government Code Section 36900 and shall be punished by a fine not exceeding $50.00 for a first violation; a fine not exceeding $100.00 for a second violation within one year; a fine not exceeding $250.00 for each additional violation within one year. {CWl 12107.3}
B. Violation of any provision of this article shall constitute an infraction and will be grounds for issuance of a notice of violation by the City Manager, or his or her designee.

C. The City Manager, or his or her designee, may issue a notice of violation requiring compliance within 60 days or sooner of issuance of the notice.

D. Absent compliance within the deadline set forth in the notice of violation, the City Manager, or his or her designee, shall commence an action to impose penalties pursuant to the City's standard procedures.

E. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue actions in the California courts to seek recovery of unpaid fines. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

8.01.240 Severability.

If any section, subsection, clause or phrase is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this article, and the City Council does hereby declare that it would have passed this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Article II. Unauthorized Entry Into Waste Containers

8.01.250 Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:
"Waste container(s)" means any and all containers including but not limited to automated collection containers, detachable containers, drop box containers, recycling containers and standard containers. (Ord. 2008-7, 12-9-2008)

8.01.260 Unauthorized entry into waste containers.

A. The City Council recognizes that there is an increasing problem both nationally and locally involving persons who forage waste containers. The City Council finds that there is risk to the public health and safety when:

1. Waste is strewn about;

2. Waste containers are left open to animals;

3. Waste containers and lids are left in roadways or walkways.

B. The City Council further finds that entry into waste containers by unauthorized individuals may subject owners to public nuisance liabilities for which they have no remedy unless provided by an addition to the Newman Municipal Code.

C. The Council hereby finds that an ordinance is needed for the preservation of the public peace, health, safety and general welfare of the residents of the City of Newman based upon the finding of facts declared by the City Council hereinabove stated. (Ord. 2008-7, 12-9-2008)

8.01.270 Unlawful search and entry- Penalty.

A. It shall be unlawful for any person, except the owner, someone with the owner's consent, authorized City, County, State, or Federal personnel, or employees of the solid waste company that owns the waste container, in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search a waste container or the contents thereof. {CWl 12107.3}
B. Any and each violation of subsection (A) of this section shall constitute a separate and distinct offense punishable as a misdemeanor and, upon conviction thereof, shall be punishable according to the provisions of this article. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2012-3 § 1, 11-13-2012; Ord. 2008-7, 12-9-2008)

8.01.280 Public nuisance.

Rummaging, exploring, scavenging, or otherwise searching a waste container is a violation of the provisions of this article and is hereby declared a public nuisance. (Ord. 2008-7, 12-9-2008)

8.01.290 Violation and penalty.

A. Any person in violation of this article shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00 or imprisonment in the Stanislaus County jail for not more than six months, or both. Any violation of this chapter may be alternatively charged as an administrative citation.

B. Any person that continues in violation of this article shall be guilty of a separate and distinct offense for each and every violation. (Ord. 2012-3 § 1, 11-13-2012; Ord. 2008-7, 12-9-2008) SECTION 2.

If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3.

This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date The foregoing ordinance was introduced by Council Member and the title thereof read at the regular meeting of the City Council of the City of Newman held on the 22nd day of March, 2022, and by a unanimous vote of the council members present, further reading was waived.

On motion of Council Member , seconded by Council Member ________ ___ ,the foregoing ordinance was duly passed by the City Council of the City of Newman at a regular meeting thereof held on the 12th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

ATTEST: Casey Graham
Mayor of the City ofNewman
Mike Maier
City Clerk of the City of Newman
{CWl 12107.3}