P
AGENDA
NEWMAN CITY COUNCIL
SPECIAL MEETING APRIL 12, 2022
CITY HALL CONFERENCE ROOM, 6:30 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. Roll Call.
3. Items From The Public.
4. 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. Conference With Real Property Negotiator – Stanislaus Street Between “M” And “L” Streets And The Adjacent Northern Alleyway (No APN Available), - G.C. 54956.8. Agency Negotiator: Michael E. Holland. Negotiating Parties: City Of Newman And George And Marlene Souza. Under Negotiation: Price And Term Of Payment. c. Return To Open Session.
5. Adjournment.
AGENDA
NEWMAN CITY COUNCIL
REGULAR MEETING APRIL 12, 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 22, 2022 Meeting. (View Minutes) d. Adopt Resolution No. 2022- , A Resolution Of The City Council Of The City Of Newman Declaring Certain Property As Surplus And Authorizing Disposal. (View Report) e. Adopt Resolution No. 2022- , A Resolution Of Concurrence And Support Of The Stanislaus County CDBG Fiscal Year 2022-2023 Annual Action Plan. (View Report) f. Adopt Resolution No. 2022- , A Resolution Authorizing The City Manager To Execute A Purchase And Sale Agreement For A Two (2) Acre Parcel For Use As A Future Corporation Yard. (View Report)
g. Adopt Resolution No. 2022- , A Resolution Authorizing The City Manager To Execute A Purchase And Sale Agreement For The Sale Of Stanislaus Street Between M And L Streets And The Adjacent Alleyway. (View Report)
h. Adopt Resolution No. 2022- , A Resolution Accepting The Proposal For A Classification And Compensation Study And Authorizing The City Manager To Sign An Agreement. (View Report)
i. Adopt Resolution No. 2022- , A Resolution Accepting The Proposal For Audit Services And Authorizing The City Manager To Sign An Agreement. (View Report)
9. Public Hearings.
10. Regular Business
a. Adopt Resolution No. 2022- , A Resolution Accepting Bid And Awarding Contract To Rolfe Construction Inc. For The Inyo/Canal School Underground Utility Improvements Project And Authorizing The City Manager To Execute The Agreement. (View Report) b. Consideration Of Filling City Council Vacancy By Appointment Or Leaving The Seat Vacant. (View Report)
11. Items From District Five Stanislaus County Supervisor.
12. Items From The City Manager And Staff.
13. Items From City Council Members.
14. Adjournment.
Calendar of Events
April 4–9 – Spring Clean-Up Week.
April 12 – City Council - 7:00 P.M.
April 18 – Tax Day.
April 21 – Planning Commission – Cancelled.
April 26 – City Council - 7:00 P.M.
AP Check Register
March 17, 2022 through April 5, 2022
1 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description Acme Electric Company 10-44-6200 $ 3,075.00 120350 3/24/2022 Replacement of Clocks for Bollards, Christmas Tree Lights $ 3,075.00 120350 Total
Amazon Capital Services 10-22-6300 $ 37.36 120351 3/24/2022 Filters Amazon Capital Services 10-22-6300 $ 53.92 120351 3/24/2022 Speaker Bar $ 91.28 120351 Total
Aramark 10-33-6200 $ 137.93 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
Aramark 10-44-6200 $ 91.95 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
Aramark 60-50-6200 $ 137.93 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
Aramark 63-56-6200 $ 91.94 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
Aramark 10-22-6200 $ 55.69 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
Aramark 10-07-6200 $ 107.00 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
Aramark 10-21-6200 $ 111.20 120352 3/24/2022 Uniform Cleaning/Mat Rental/Shop Towels/ February
2022
$ 733.64 120352 Total
AT&T 10-21-6420 $ 23.17 120354 3/24/2022 Landlines 2-13-22 ·to 3-12-22 AT&T 10-14-6420 $ 64.68 120354 3/24/2022 Landlines 2-13-22 ·to 3-12-22 AT&T 10-07-6420 $ 20.91 120354 3/24/2022 Landlines 2-13-22 ·to 3-12-22 AT&T 63-56-6420 $ 64.87 120354 3/24/2022 Landlines 2-13-22 ·to 3-12-22 AT&T 10-14-6200 $ 7.52 120354 3/24/2022 Alarm 2-13-22 to 3-12-22 AT&T 60-50-6200 $ 7.52 120354 3/24/2022 Alarm 2-13-22 to 3-12-22 AT&T 63-56-6200 $ 7.52 120354 3/24/2022 Alarm 2-13-22 to 3-12-22 AT&T 10-21-6420 $ 293.61 120354 3/24/2022 Circuit Line Between Fresno St to Ceres 2-13-22 to 3-12-22
$ 489.80 120354 Total
AT&T MOBILITY 10-02-6420 $ 19.93 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-03-6420 $ 67.16 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-06-6420 $ 63.69 120353 3/24/2022 Cell Phone Use 2-03-22 to
3-02-22
AT&T MOBILITY 10-07-6420 $ 23.18 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-21-6420 $ 654.88 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-22-6420 $ 223.94 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-33-6420 $ 106.00 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-44-6420 $ 102.11 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 10-45-6420 $ 35.97 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 22-20-6420 $ 10.28 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 60-50-6420 $ 432.53 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 63-56-6420 $ 444.78 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 69-47-6420 $ 85.70 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
AT&T MOBILITY 73-70-6420 $ 11.88 120353 3/24/2022 Cell Phone Use 2-03-22 to 3-02-22
$ 2,282.03 120353 Total
Baker Dorothy June 10-33-6225 $ 40.52 120355 3/24/2022 Blower Repairs
AP Check Register
March 17, 2022 through April 5, 2022
2 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description Baker Dorothy June 10-44-6225 $ 40.53 120355 3/24/2022 Blower Repairs Baker Dorothy June 10-33-6225 $ 69.11 120355 3/24/2022 Polesaw Repairs Baker Dorothy June 10-44-6225 $ 69.11 120355 3/24/2022 Polesaw Repairs Baker Dorothy June 10-33-6225 $ 17.50 120355 3/24/2022 Trimmer Repairs Baker Dorothy June 10-44-6225 $ 17.50 120355 3/24/2022 Trimmer Repairs $ 254.27 120355 Total
Blades Aerial Applicators 60-50-6230 $ 2,749.50 120356 3/24/2022 Aerial App of Herbicide to McPike 1, Front 55, McPike 3
$ 2,749.50 120356 Total
BORGES & MAHONEY CO. 63-56-6225 $ 3,437.88 120357 3/24/2022 Pulsatron Pump $ 3,437.88 120357 Total
Borrelli Travis 69-47-6200 $ 185.74 120389 3/24/2022 Portable Restroom Rental Service
$ 185.74 120389 Total
BUSINESS CARD 10-21-6695 $ 771.20 120358 3/24/2022 Hotel Stay/ Richardson BUSINESS CARD 10-14-6203 $ 1.14 120358 3/24/2022 Finance Charge BUSINESS CARD 10-21-6695 $ 250.00 120358 3/24/2022 Armorer's Course/ Short BUSINESS CARD 10-14-6203 $ (39.00) 120358 3/24/2022 Refund of Finance Charge BUSINESS CARD 10-21-6308 $ 67.00 120358 3/24/2022 Pet Licenses BUSINESS CARD 10-21-6300 $ 562.77 120358 3/24/2022 Nitrile Gloves BUSINESS CARD 10-21-6300 $ 172.92 120358 3/24/2022 Holster BUSINESS CARD 10-21-6330 $ 158.00 120358 3/24/2022 Postage Stamps BUSINESS CARD 10-00-5830 $ (15.48) 120358 3/24/2022 Statement Credit BUSINESS CARD 10-21-6200 $ 10.00 120358 3/24/2022 Scheduling Software BUSINESS CARD 10-21-6620 $ 102.32 120358 3/24/2022 Etch & Catch Event Supplies BUSINESS CARD 10-14-6203 $ (24.47) 120358 3/24/2022 Refund of Finance Charge $ 2,016.40 120358 Total
Canon Financial Services, Inc. 10-14-6200 $ 179.00 120359 3/24/2022 Contract Charges March 2022/Copy
Charges February 2022
Canon Financial Services, Inc. 60-50-6200 $ 179.00 120359 3/24/2022 Contract Charges March 2022/Copy
Charges February 2022
Canon Financial Services, Inc. 63-56-6200 $ 178.99 120359 3/24/2022 Contract Charges March 2022/Copy
Charges February 2022
Canon Financial Services, Inc. 60-50-6200 $ 132.29 120359 3/24/2022 Contract Charges March 2022/Copy
Charges February 2022
Canon Financial Services, Inc. 63-56-6200 $ 132.28 120359 3/24/2022 Contract Charges March 2022/Copy
Charges February 2022
Canon Financial Services, Inc. 10-21-6420 $ 271.62 120359 3/24/2022 Contract Charges March 2022 Copy
Charges February 2022/ PD
$ 1,073.18 120359 Total
Cintas 10-21-6300 $ 32.30 120360 3/24/2022 First Aid Supplies $ 32.30 120360 Total
CITY OF PATTERSON 10-22-6200 $ 750.00 120381 3/24/2022 Data Collection Input October to December 2021
$ 750.00 120381 Total
Clark Casey 10-00-2841 $ 80.00 120361 3/24/2022 Sherman Park Rental Deposit Refund/ Clark
$ 80.00 120361 Total
COMCAST CABLE 60-50-6200 $ 51.13 120362 3/24/2022 High speed internet/sewer
AP Check Register
March 17, 2022 through April 5, 2022
3 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description COMCAST CABLE 63-56-6200 $ 51.16 120362 3/24/2022 High speed internet/water COMCAST CABLE 10-21-6200 $ 51.13 120362 3/24/2022 High speed internet/PD COMCAST CABLE 10-21-6420 $ 153.42 120362 3/24/2022 High Speed Internet 3-6-22 lo 4 5-22 /PD
$ 306.84 120362 Total
CSG Consultants, Inc 10-23-6215 $ 735.00 120363 3/24/2022 Building Permit Issuance/ February 2022
CSG Consultants, Inc 10-23-6215 $ 220.50 120363 3/24/2022 Building Services February 2022
CSG Consultants, Inc 10-23-6215 $ 1,015.00 120363 3/24/2022 Building Permit Issuance/ January 2022
CSG Consultants, Inc 10-23-6215 $ 3,145.00 120363 3/24/2022 Building Services January 2022
CSG Consultants, Inc 10-23-6215 $ 5,343.50 120363 3/24/2022 Building Services December 2021
CSG Consultants, Inc 10-23-6215 $ 1,764.00 120363 3/24/2022 Building Services January 2022
CSG Consultants, Inc 10-23-6215 $ 3,141.00 120363 3/24/2022 Building Services February 2022
$ 15,364.00 120363 Total
CSJVRMA 10-15-6631 $ 13,659.67 120364 3/24/2022 Workers Compensation/Liability Program 2021-2022 4th Quarter
CSJVRMA 60-50-6631 $ 13,659.67 120364 3/24/2022 Workers Compensation/Liability Program 2021-2022 4th Quarter
CSJVRMA 63-56-6631 $ 13,659.66 120364 3/24/2022 Workers Compensation/Liability Program 2021-2022 4th Quarter
CSJVRMA 10-00-2292 $ 56,302.00 120364 3/24/2022 Workers Compensation/Liability Program 2021-2022 4th Quarter
$ 97,281.00 120364 Total
Derek Sawyer's Smart Energy Heating & Air, Inc 10-07-6200 $ 138.25 120365 3/24/2022 Service Call @ PD $ 138.25 120365 Total
Dittos 10-21-6300 $ 38.94 120366 3/24/2022 Business Card/ Gomez $ 38.94 120366 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 3,900.00 120367 3/24/2022 Pro Oxidizer $ 3,900.00 120367 Total
Garcia Armando 10-00-2841 $ 500.00 120402 3/28/2022 Refund of Deposit for New Water Line at 1046 1/2 Main St $ 500.00 120402 Total
Gomez Jose 10-21-6695 $ 17.00 120368 3/24/2022 POST Training Per Diem/
Gomez
$ 17.00 120368 Total
Gouveia Engineering, Inc 10-31-6200 $ 538.13 120369 3/24/2022 Project 525.01 Public .works General
Gouveia Engineering, Inc 18-32-7739 $ 4,720.00 120369 3/24/2022 Project 525.02 STPL-5172 (024) Highway 33/ Inyo
Gouveia Engineering, Inc 10-31-6200 $ 6,956.71 120369 3/24/2022 Project 525.09 Inyo Canal School Utility Improvements
Gouveia Engineering, Inc 18-56-7771 $ 1,000.13 120369 3/24/2022 Project 525.12 Jensen Rd Utilities Gouveia Engineering, Inc 63-56-6200 $ 814.00 120369 3/24/2022 Project 540.01 Water General Gouveia Engineering, Inc 63-56-6200 $ 1,034.00 120369 3/24/2022 Project 540.06 Water Audit Gouveia Engineering, Inc 18-32-7768 $ 55.68 120369 3/24/2022 Project 545.070 STPL-5172 (026) Inyo Canal School
Gouveia Engineering, Inc 24-32-7780 $ 1,124.42 120369 3/24/2022 Project 545. 1 BC-CM CML-5172(032) Kern St Bike/
Ped
Gouveia Engineering, Inc 28-33-7712 $ 2,793.75 120369 3/24/2022 Project 545. 16D 2020 SBI Improvements
Gouveia Engineering, Inc 10-00-2518 $ 241.50 120369 3/24/2022 Project 575.07 FM 18-01 1035 T St Tentative
Gouveia Engineering, Inc 10-00-2518 $ 4,727.63 120369 3/24/2022 Project 585.05 1035 T St Improvement Plans
Gouveia Engineering, Inc 10-31-6200 $ 106.31 120369 3/24/2022 Project 585. 11 Arco Site Plan
AP Check Register
March 17, 2022 through April 5, 2022
4 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description Gouveia Engineering, Inc 10-31-6200 $ 2,329.69 120369 3/24/2022 Project 575.13 North Manor Subdivision FM Review
Gouveia Engineering, Inc 17-06-6205 $ 2,178.75 120369 3/24/2022 Project 595. 10 Highway 33 Planning Grant
$ 28,620.70 120369 Total
Guerrero's Tire and Auto Repair, LLC 10-33-6530 $ 22.50 120370 3/24/2022 Repair of Flat Tire on Street Sweeper/ PW
Guerrero's Tire and Auto Repair, LLC 69-47-6530 $ 22.50 120370 3/24/2022 Repair of Flat Tire on Street Sweeper/ PW
Guerrero's Tire and Auto Repair, LLC 10-21-6530 $ 25.00 120370 3/24/2022 Repair of Flat Tire on Unit 598/ PD
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 129.00 120370 3/24/2022 1 New Tire on Trailer/ PW
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 54.00 120370 3/24/2022 Repair of Flat Tire on Mower/ PW
$ 253.00 120370 Total
HARTFORD FIRE INSURANCE CO 60-50-6631 $ 1,832.00 120403 3/30/2022 Flood Insurance Premium for WWTP
$ 1,832.00 120403 Total
JG Nurseries LLC 10-44-6700 $ 106.80 120371 3/24/2022 Sod Cutter Rental JG Nurseries LLC 68-68-6620 $ 86.25 120371 3/24/2022 Potting Soil JG Nurseries LLC 10-44-6700 $ 106.80 120371 3/24/2022 Sod Cutter Rental $ 299.85 120371 Total
Larry Walker & Associates, Inc 60-50-6200 $ 2,125.00 120374 3/24/2022 Services Rendered Through 2-28-22
$ 2,125.00 120374 Total
Lou's Gloves, Inc 10-07-6300 $ 109.50 120375 3/24/2022 Nltrile Gloves Lou's Gloves, Inc 60-50-6300 $ 109.50 120375 3/24/2022 Nltrile Gloves Lou's Gloves, Inc 63-56-6300 $ 219.00 120375 3/24/2022 Nltrile Gloves $ 438.00 120375 Total
Mechanics Bank 63-56-6120 $ 1,500.00 120400 3/28/2022 HSA 2nd Half Deposit/ Stonebarger
$ 1,500.00 120400 Total
MID VALLEY IT, INC 10-21-6200 $ 2,002.00 120376 3/24/2022 IT CONTRACT/PD MID VALLEY IT, INC 10-14-6200 $ 1,001.00 120376 3/24/2022 IT CONTRACT/FIN MID VALLEY IT, INC 63-56-6200 $ 1,001.00 120376 3/24/2022 IT CONTRACT/WATR MID VALLEY IT, INC 60-50-6200 $ 1,001.00 120376 3/24/2022 IT CONTRACT/SEWR $ 5,005.00 120376 Total
MID VALLEY IT, INC 10-44-6200 $ 1,683.59 120401 3/28/2022 Replacement Camera at Skate Park MID VALLEY IT, INC 10-44-6200 $ 442.00 120401 3/28/2022 Installation of Replacement Camera at Skate Park $ 2,125.59 120401 Total
NEWMAN SMOG AND LUBE 10-21-6530 $ 250.13 120377 3/24/2022 Repair 2015 Ford Explorer/ PD
NEWMAN SMOG AND LUBE 10-21-6530 $ 187.20 120377 3/24/2022 Repair 2018 Ford Interceptor/ PD
NEWMAN SMOG AND LUBE 10-21-6530 $ 187.20 120377 3/24/2022 Repair 2016 Ford Explorer/ PD
$ 624.53 120377 Total
One Step GPS LLC 10-21-6200 $ 139.50 120378 3/24/2022 GPS Fleet Tracking Software One Step GPS LLC 60-50-6200 $ 139.50 120378 3/24/2022 GPS Fleet Tracking Software One Step GPS LLC 63-56-6200 $ 139.50 120378 3/24/2022 GPS Fleet Tracking Software $ 418.50 120378 Total
AP Check Register
March 17, 2022 through April 5, 2022
5 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description ORNELAS LINDA 10-21-6695 $ 355.00 120379 3/24/2022 Training Per Diem/ Ornelas
$ 355.00 120379 Total
P G & E 60-50-6410 $ 34.64 120382 3/24/2022 Electrical Charges for Solar Meter @WWTP 2-8-22 to 3-9-22
P G & E 10-07-6410 $ 421.28 120382 3/24/2022 Electrical Charges for Solar Meter @WWTP 2-3-22 to 3-7-22
P G & E 60-50-6410 $ 421.28 120382 3/24/2022 Electrical Charges for Solar Meter @WWTP 2-3-22 to 3-7-22
P G & E 63-56-6410 $ 421.27 120382 3/24/2022 Electrical Charges for Solar Meter @WWTP 2-3-22 to 3-7-22
P G & E 10-21-6510 $ 51.98 120382 3/24/2022 NaturalGas Pumped @ CNG Fueling Station 2-9-22 to
3-10-22
P G & E 10-33-6510 $ 415.84 120382 3/24/2022 NaturalGas Pumped @ CNG Fueling Station 2-9-22 to
3-10-22
P G & E 10-44-6510 $ 207.92 120382 3/24/2022 NaturalGas Pumped @ CNG Fueling Station 2-9-22 to
3-10-22
P G & E 60-50-6510 $ 51.98 120382 3/24/2022 NaturalGas Pumped @ CNG Fueling Station 2-9-22 to
3-10-22
P G & E 63-56-6510 $ 51.98 120382 3/24/2022 NaturalGas Pumped @ CNG Fueling Station 2-9-22 to
3-10-22
P G & E 69-47-6510 $ 259.91 120382 3/24/2022 NaturalGas Pumped @ CNG Fueling Station 2-9-22 to
3-10-22
$ 2,338.08 120382 Total
Parreira's Auto Repair 60-50-6225 $ 1,621.29 120380 3/24/2022 Sewer Machine Repairs $ 1,621.29 120380 Total
PEREZ ROMAN 63-00-2010 $ 50.00 120391 3/24/2022 Refund Check $ 50.00 120391 Total
PITNEY BOWES, Inc 10-14-6300 $ 61.13 120383 3/24/2022 Red Ink for Postage Meter PITNEY BOWES, Inc 60-50-6300 $ 61.12 120383 3/24/2022 Red Ink for Postage Meter PITNEY BOWES, Inc 63-56-6300 $ 61.12 120383 3/24/2022 Red Ink for Postage Meter $ 183.37 120383 Total
Public Agency Coalition Enterprise 10-00-2260 $ 20,811.01 120372 3/24/2022 Health Insurance Pmmium/ April
2022
$ 20,811.01 120372 Total
Public Agency Coalition Enterprise 10-00-2260 $ 17,607.63 120373 3/24/2022 Health Insurance Premium/ April
2022
$ 17,607.63 120373 Total
RAMIREZ WILLIAM THIESSEN & MARISSA 63-00-2010 $ 124.86 120393 3/24/2022 Refund Check $ 124.86 120393 Total
Redtail Consulting 17-36-7780 $ 195.00 120384 3/24/2022 Project #607.CNP.21 NCAA Wetland Project CEQA Addendum
$ 195.00 120384 Total
RUMBLE TREE PEST MGMT,INC 10-44-6200 $ 1,025.00 120385 3/24/2022 Soil Injection of 8 Elm trees @ Pioneer Park
$ 1,025.00 120385 Total
SEN RACHAL RANGETTA DEO & KELVIN RISHHI 63-00-2010 $ 150.00 120392 3/24/2022 Refund Check $ 150.00 120392 Total
Stanislaus County Auditor-Controller 10-33-6220 $ 52.00 120387 3/24/2022 Sanitation Charges/ February 2022 $ 52.00 120387 Total
Stanislaus County Dept of Environmental Resources 10-44-6200 $ 68.00 120386 3/24/2022 CESQG Bulk Oil Sludge Stanislaus County Dept of Environmental Resources 10-33-6200 $ 68.00 120386 3/24/2022 CESQG Bulk Oil Sludge $ 136.00 120386 Total
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 14,042.75 120388 3/24/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
AP Check Register
March 17, 2022 through April 5, 2022
6 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 14,042.75 120388 Total
USA BLUEBOOK 63-56-6300 $ 320.73 120394 3/24/2022 Reagant Refill USA BLUEBOOK 60-50-6300 $ 988.59 120394 3/24/2022 Electrode Storage $ 1,309.32 120394 Total
Vega Cynthia 10-00-2840 $ 300.00 120395 3/24/2022 Memorial Building Rental Deposit Refund/ Vega
$ 300.00 120395 Total
Vollmar Natural Lands Consulting 60-50-6200 $ 189.00 120396 3/24/2022 Project J-445 CDFW Vollmar Natural Lands Consulting 17-36-7779 $ 3,138.50 120396 3/24/2022 Project J-445 CDFW Vollmar Natural Lands Consulting 17-36-7780 $ 931.52 120396 3/24/2022 Project J-445 CDFW $ 4,259.02 120396 Total
Westside Connect 10-21-6600 $ 24.00 120397 3/24/2022 Police Officer Employment Ad Westside Connect 40-15-6600 $ 96.00 120397 3/24/2022 Notice of Public Hearing Auto Annual lnflation Adj Facility Fee
Westside Connect 10-01-6600 $ 47.34 120397 3/24/2022 City Council Meeting Ad Westside Connect 60-50-6600 $ 40.00 120397 3/24/2022 Single Box Ad Westside Connect 63-56-6600 $ 40.00 120397 3/24/2022 Single Box Ad Westside Connect 10-01-6600 $ 40.00 120397 3/24/2022 Single Box Ad Westside Connect 10-01-6600 $ 118.35 120397 3/24/2022 City Council Meeting Ad Westside Connect 10-14-6600 $ 43.84 120397 3/24/2022 Account Clerk Employment Ad Westside Connect 60-50-6600 $ 43.83 120397 3/24/2022 Account Clerk Employment Ad Westside Connect 63-56-6600 $ 43.83 120397 3/24/2022 Account Clerk Employment Ad $ 537.19 120397 Total
Wex Bank 10-07-6500 $ 68.30 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
Wex Bank 10-21-6500 $ 3,112.25 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
Wex Bank 10-22-6500 $ 1,968.90 120398 3/24/2022 Gas and Diesel Purchases
2-16-22 to 3-15-22
Wex Bank 10-33-6500 $ 404.78 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
Wex Bank 10-44-6500 $ 126.68 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
Wex Bank 60-50-6500 $ 574.51 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
Wex Bank 63-56-6500 $ 1,422.24 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
Wex Bank 69-47-6500 $ 264.92 120398 3/24/2022 Gas and Diesel Purchases 2-16-22 to 3-15-22
$ 7,942.58 120398 Total
White Brenner, LLP 10-15-6200 $ 1,104.40 120399 3/24/2022 Through Jan 2022 General Municipal
White Brenner, LLP 10-15-6200 $ 265.80 120399 3/24/2022 Professional Srvcs Rendered Through Jan 2022 HR
White Brenner, LLP 10-15-6200 $ 17.30 120399 3/24/2022 Professional Srvcs Rendered Through Jan 2022 PD
White Brenner, LLP 40-06-6245 $ 121.50 120399 3/24/2022 Professional Srvcs Rendered Through Jan 2022 Northwest
White Brenner, LLP 10-15-6200 $ 236.50 120399 3/24/2022 Professional Srvcs Rendered Through Jan 2022 Coronavir
White Brenner, LLP 63-56-6200 $ 921.00 120399 3/24/2022 Professional Srvcs Rendered Through Jan 2022 Cal Sport v
De
$ 2,666.50 120399 Total
ZAMORA MARIA 63-00-2010 $ 108.36 120390 3/24/2022 Refund Check $ 108.36 120390 Total
AP Check Register
March 17, 2022 through April 5, 2022
7 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 253,854.18 Grand Total
MINUTES
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 - Mayor Graham 7:00 P.M.
2. Pledge Of Allegiance.
3. Invocation – Council Member McDonald.
4. Roll Call - PRESENT: McDonald, Ball, Pimentel, Mayor Pro Tem Candea, And Mayor Graham.
ABSENT: None.
5. Declaration Of Conflicts Of Interest – None.
6. Ceremonial Matters – None.
7. Items from the Public - Non-Agenda Items
Kari Thompson, 737 Black Mountain Lane, Shared The Newman Historical Society’s Plans To Renovate The Outdoor Area Directly Behind The Museum. Thompson Described The Proposed Improvements And Design And Noted That A Gazebo And Other Amenities Would Be Included. She Disseminated Copies Of A Plan For Said Project.
Council Member McDonald Noted That He Was Excited For The Project.
Mayor Graham Stated That He Liked The Plan And Thanked Them For Their Efforts.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The March 8, 2022 Meeting.
ACTION: On A Motion By Ball Seconded By Candea, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Candea, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
9. Public Hearings
a. Second Reading And Adoption Of Ordinance No. 2022-01, 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.
Mayor Graham Opened The Public Hearing At 7:10 P.M.
Paul Wallace, 722 Mt. Rushmore Drive, Emphasized That He Was Opposed To The Proposed Parking Ordinance As Written. Wallace Mentioned That He Was In Favor Of Issuing Tickets To The Truck Owners That Are Washing Their Trucks Illegally And Not Following The Code. He Voiced His Concern That The City Would Be Limiting Private Business If Said Ordinance Was Passed. Wallace Noted That Truck Owners Might Be More Inclined To Park Their Truck At Their Homes Rather Than To Pay For A Spot In The Designated Industrial Areas. He Urged City Council To Support Local Business.
There Being No Further Public Comment, Graham Closed The Public Hearing At 7:13 P.M.
Council Member Ball Stated That He Had Visited “M” Street To View The Impact The Trucks Were Having On The Community And Indicated That It Was An Eyesore And Included A Lot Of Oil And Damage. Ball Noted That He Would Like To Eliminate The Eyesores While Still Preserving Local Businesses. He Added That The Average Cost Of One-Hundred Dollars Per Month To Park At Designated Sites Was Not Too Much To Ask Of The Truck Drivers.
Council Member McDonald Stated That There Needed To Be Guidelines To Protect The City And Control The Truck Parking. McDonald Noted That He Also Supported The Proposed Ordinance.
Council Member Candea Explained That He Had Retired From The Trucking Industry. Candea Noted Trucks Parking On The City Streets Can Become A Nuisance And Pointed Out That Diesel Spills Were Hazardous. He Stated That He Also Supported The Proposed Ordinance.
ACTION: On A Motion By Ball Seconded By McDonald, Ordinance No.. 2022-01, An Ordinance Amending Title 10, Traffic Regulations, Amending Section 10.04.030 To Establish Parking Restrictions Of Semi Trucks And Trailers Within City Limits, Was Adopted And Staff Was Authorized To Publish A Summary Of Said Ordinance, By The Following Vote: AYES: McDonald, Ball, Candea, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None. b. Adopt Resolution No. 2022-17, Declaring The Existence Of A Public Nuisance Under Ordinance No. 281 Mistletoe Abatement.
Mayor Graham Opened The Public Hearing At 7:20 P.M.
There Being No Public Comment, Graham Closed The Public Hearing At 7:21 P.M.
ACTION: On A Motion By Candea Seconded By Pimentel, Resolution No. 2022-17, A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 281 Mistletoe Abatement, Was Adopted By The Following Vote: AYES: McDonald, Ball, Candea, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
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.
Mayor Graham Asked If Staff Knew How Much The Organic Material Program Would Cost Residents.
Public Works Director Reyes Stated That The Costs Had Yet To Be Determined, As Staff Was Currently In Negotiations With The Hauler But Noted That There Would Be A Cost Increase.
Council Member McDonald Asked If There Was A Program That Would Exempt Seniors On Fixed Incomes From Said Cost Increases. McDonald Inquired About The Size And Cost Of The Additional Can.
Public Works Director Reyes Noted That The Organic Materials Program Was Still A Work In Progress And They Don’t Have All The Answers Yet. Reyes Mentioned That The City Conducted Public Outreach And Determined That Most Citizens Were Supportive Of The Proposed Program.
City Manager Holland Pointed Out That The Cost Increase Would Most Likely Be Approximately An Additional Ten To Eleven Dollars Per Month For A Ninety Gallon Can. Holland Emphasized That This Program Was Mandated By The State And Noted That The City Was Just Implementing Said Requirement. He Mentioned That It Was Anticipated That The Program Will Go Live Around The First Of July And Would Be A Weekly Service.
Council Member Pimentel Asked If The Council Had To Pass The Ordinance.
City Manager Holland Pointed Out That The Proposed Ordinance Was For Enforcement Only And The City Could Be Fined If The Ordinance Was Not Passed.
Council Member Pimentel Noted That Smaller Households Don’t Even Fill The Cans They Currently Have And Storing An Additional Can Might Be An Issue For Some Residents.
Mary Moore, 1442 Q Street, Inquired About The Difference Between The Can We Use Now And The New Can That Residents Would Be Receiving As Part Of The New Program.
Public Works Director Reyes Explained That The Non-Recycle Items Would Go In The Existing Trash Container, The Organic Waste Would Go In The New Organic Container And The Recyclables Would Go In The Existing Recycle Container.
Council Member Ball Asked What Would Happen If He Voted No.
Mayor Graham Explained That Said Ordinance Falls In Line With The Guidelines Of The State Of California And The City Is Just Implementing Them.
Council Member McDonald Asked About The Repercussions If The Entire Council Voted No.
City Manager Holland Stated That Eventually The State Would Issue Fines For Non-Compliance Of Said Mandate.
Paul Wallace, 722 Mt. Rushmore Drive, Asked If It Was Possible To Negotiate With The Disposal Company For Smaller Trash Cans.
City Manager Holland Stated That They Are Still Negotiating The Size Of The Cans With The Disposal Company But Noted That Their Trucks Have Physical Constraints Related To The Size Of Cans They Can Pick Up.
Council Member Candea Asked If The Residents Will Be Informed On Which Items Will Go In Each Can.
Public Works Director Reyes Noted That The City Would Be Conducting Community Outreach Prior To Implementation And Noted That The City Would Advertise In The Newspaper And Place Notices In The Utility Bills; All In An Effort To Educate The Public.
Mayor Graham Asked If It Would Also Be On Social Media.
City Manager Holland Stated That Once Said Program Was Implemented, There Would Be An Outreach Program.
ACTION: On A Motion By Candea Seconded By Pimentel, 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, Was Introduced By Council Member Candea And Had Its First Reading By Title Only, By The Following Vote: AYES: Candea, Pimentel And Mayor Graham; NOES: McDonald And Ball; ABSENT: None; NOT PARTICIPATING: None.
11. Items From District Five Stanislaus County Supervisor - None.
12. Items From The City Manager And Staff.
City Manager Holland Reported That The Cities In Stanislaus County Crafted A Frame Work For The Property Tax Sharing Agreement And Sent It To The Legal Team To Be Composed Into A New Agreement. Holland Noted That The Goal Was To Have A Property Tax Agreement Implemented In The New Fiscal Year. He Explained That The City Currently Only Receives Ten Cents On Each Dollar Of The Property Tax Collected Within The City Of Newman. Holland Stated That He Had Received A Proposal For The Veterans Memorial And Would Discuss Said Proposal With The Committee Members Before Presenting The Item To The Entire City Council. He Provided An Update On The Mattos Ranch Project And Reported That The One-Hundred Six Lot Project On Prince Road Would Likely Commence In April. Holland Remarked That It Was Anticipated That The ARCO Station Project Would Begin Development In Mid To Late April. He Pointed Out That The Adult Co-Ed Volleyball Program Was About Half Way Through Their Season. Holland Stated That They Would Be Bringing Back Kajukenbo Martial Arts Program Sponsored By The City. He Indicated That The City Was Partnering With The Family Resource Center And The Promotoras To Bring Dance Therapy, Yoga And Art Classes To The Community. Holland Informed Everyone That Forty One Vendors Had Already Signed Up For The Upcoming Farmers Market.
Chief Richardson Reported That The Crab Feed Would Be Held on the Upcoming Saturday And Commented That There Were Still A Few Tickets Available For Purchase.
Finance Director Humphries Noted That The Web Server For Online Utility Payments Would Be Down From Wednesday At Noon Until Monday At Noon For Upgrades To The Server And Software.
Public Works Director Reyes Reported That Construction On The Kern Street SB 1 Project Would Begin Soon. Reyes Noted That The Highway 33/Inyo Avenue Project Was Expected To Start In Late April. She Pointed Out That The City Was Coordinating With Stanislaus Council Of Governments (StanCOG) To Utilize A Pavement Management System That Would Be Evaluating The City Streets.
Reyes Remarked That The Results From Said Evaluation And The Grade Each Street Receives Would Help The City Make Better Decisions About Future Transportation Projects.
Chief Bowen Stated That It Was Time To Start Preparing For The Warmer Weather. Bowen Noted That On The Off Peak Times, The Department Has Been Working On Training For The Upcoming Fire Season And Doing Maintenance Of The Vehicles As Well As Local Business Inspections. He Pointed Out That The Flag Retirement Mailbox Would Be Installed Soon.
13. Items From City Council Members.
Council Member McDonald Reported That He Had Attended The Host House Meeting And Tour In Patterson And Noted That It Was An Inspiring Place And A Great Asset To Have On The West Side.
McDonald Wished Everyone A Nice Evening.
Council Member Ball Noted That The High School Occupational Olympics Were Recently Held And Congratulated One Of His Students, Heidi Lopez Aparicio For Placing Second In The Investigation And Crime Report Writing Competition.
Council Member Candea Announced His Resignation And Stated That He Was in the Process Of Moving To Idaho. Candea Noted That He Has Thoroughly Enjoyed His Time On The City Council.
Mayor Graham Thanked Council Member Candea For His Service To The Community And Noted That He Would Be Missed. Graham Acknowledged Former Mayor Martina In The Audience.
14. Adjourn To Closed Session - 7:51 P.M.
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 - 8:03 P.M.
No Reportable Action Was Taken.
15. Adjournment.
ACTION: On A Motion By Candea Seconded By Ball And Unanimously Carried, The Meeting Was Adjourned At 8:05 P.M.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.
City Council Meeting
of April 12, 2022
DECLARE CERTAIN PROPERTY AS SURPLUS AND APPROVE OF ITS DISPOSAL RECOMMENDATION:
Adopt Resolution No. 2022- , a resolution declaring certain property as surplus property and authorizing disposal by destruction, auction or specific donation.
BACKGROUND:
The City has property that becomes obsolete, is not repairable, or is no longer of use. In order for the City to legally dispose of this property, it must be declared surplus by the City Council.
ANALYSIS:
The sale of these items will bring in a small amount of revenue and/or free up much needed space at the facilities where they are currently stored.
FISCAL IMPACT:
The fiscal impact will be a positive influx of revenue for the general fund of a small, undetermined amount.
CONCLUSION:
This staff report is submitted for City Council consideration and action. Staff recommends adoption of Resolution No. 2022- , a resolution declaring certain property as surplus property and authorizing disposal by destruction, auction or specific donation.
ATTACHMENTS:
1. Resolution No. 2022- a resolution declaring certain property as surplus property and authorizing disposal by destruction, auction or specific donation.
2. List of City-owned property for surplus
Re:?!Om~
(/~/-
Brett Short, Police Lieutenant
REVIEWED/CONCUR:
~lheQ Q
Michael Holland, City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN DECLARING
CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL
WHEREAS, the City has property that becomes obsolete, is not repairable, or is no longer of use; and WHEREAS, in order for the City to legally dispose of this property, it must be declared surplus by the City Council; and
WHEREAS, the sale of these items will bring in a small amount of revenue and/or free up much needed space at the facilities where they are currently stored; and WHEREAS, the fiscal impact will be a positive influx of revenue for the general fund of a small, undetermined amount.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman to declare certain property as surplus property and authorizing disposal by destruction, auction or specific donation.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of April, 2022 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
APRIL 2022 SURPLUS LIST
QTY ASSET# DESCRIPTION DISPO VIN/Serial Number
1 HP Z 200 Workstation Auction 2UA04010NY
REASON: OBSOLETE
1 Ubiquity airFiber llFX Licensed Backhaul
Auction M/N:AF-llFX IC:6545AAF11FX
Radio
REASON: OBSOLETE
1 Ubiquity airFiber llFX Licensed Backhaul
Auction M/N: AF-11
Radio
REASON: OBSOLETE
1 HPE Proliant ML30 GenlO Auction 2M2934048J
REASON: 0 BSO LETE
1 HP Pro Desk PSWOOUT#ABA Auction S# MXL6243CXD
REASON: OBSOLETE
1 HP Pro Desk PSWOOUT#ABA Auction S#MXL6243CXS
REASON: OBSOLETE
1 HP Pro Desk K1K24UT #ABA Auction S#2UA5122XHZ
REASON: OBSOLETE
1 HP Pro Desk K1K24UT#ABA Auction S#2UA5122XNJ
REASON: OBSOLETE
1 HP Pro Desk K1K24UT#ABA Auction #2UA5122YQF
REASON: OBSOLETE
1 HP Pro Desk K1K24UT#ABA Auction #2UA5123XKJ
REASON: OBSOLETE
1 HP Pro Desk K1K24UT#ABA Auction S#2UA5011658
REASON: OBSOLETE
1 HP Pro Desk K1K24UT#ABA Auction S#2UA5122YR7
REASON: OBSOLETE
1 HP Pro Desk K1K24UT#ABA Auction S#2UA5122XK2
REASON: OBSOLETE
17 Microsoft Key boa rd Auction
REASON: OBSOLETE
19 Comuter Mice Auction
REASON: OBSOLETE
QTY ASSET# DESCRIPTION DISPO VIN/Serial Number
1 HP Switch Auction S#CN39G1HOGW
REASON: OBSOLETE
1 HP Switch Auction S#CN39G1H13N
REASON: OBSOLETE
1 Linksys Cable/DSL Router w/4-Port Switch Auction Model BEFSR41 REASON: OBSOLETE
1 IP Power Network Power Control Auction S2ED3089E4AL
REASON: OBSOLETE
1 Lot ShoreTel Phone System Lot Auction
ShoreTel Phone Model IP 265 10 Lot Of 17 R1120
Mitel IP 4800 (9) IP 4800
ShoreTel 24 Port Patch Panel (1) BB24
Plantronics Headphones (4) CS540
ShoreTel Model 110 (19) IP 110
ShoreTel - Not Working Model 110 (7), 265 (13)
ShoreTel - MISC - Working - 6 Phones
Model 480 (2), 565 (1), 230 (2),
115 (1)
S90F11371E39C8,
ShoreTel ShoreGear 90 - (3) T1KJ11231E21AF,
S90J091511A11F
REASON: OBSOLETE
1 HP Pro 6200 Computer Auction 2UA2292773
REASON: OBSOLETE
2 MONOPRICE - HDMI Selectors Auction Model HRM - 2218F
REASON: OBSOLETE
2 D-Link Switch - 8 Port KVM Auction Model KVM - 440 (2) REASON: OBSOLETE
3 SHURE - Automatic Microphone Mixer Auction Model - SCM 810 REASON: OBSOLETE
2 TRULINK - 4 Port Video Splitter Auction Model 39968
REASON: OBSOLETE
CablesToGo - D6F3E1D671 - Video
1 Auction Model 29552
Splitter/Extender -
REASON: OBSOLETE
QTY ASSET# DESCRIPTION DISPO VIN/Serial Number
1 Sony - Color Video Camera (4)/ Control Auction Model EVl-D100 Panel - w/ (4) Remotes & Cable
REASON: OBSOLETE
1 QSC Model ISA 300Ti Professional Amplifier Auction 101126478 REASON: 0 BSO LETE
1 Symetrix Solus NX 16x8 Audio Processor Auction SERIAL# 80-0124BNA2819390 REASON: OBSOLETE
1 Lot APC Smart UPS Batteries (2) Sold Together Auction SERIAL# AS1135232955 REASON: OBSOLETE SERIAL# AS1135232950
1 TRENDnet PoE Switch 8 Port Gigabit Auction SERIAL# CA1013P409587 REASON: OBSOLETE
1 HP ProCurve Network Switch 24 Port Auction SERIAL# CN817ZT3X6 REASON: OBSOLETE J9085-60001
1 HP 1910-8-PoE+ Switch 8 Port Auction SERIAL# CN39G1H13N REASON: OBSOLETE
1 HP 1910-8PoE+ Switch 8 Port Auction SERIAL# CN39G1HOGW REASON: OBSOLETE
1 CISCO VG202 V01 - Analog Voice Gateway Auction SERIAL# FCH15475052 REASON: OBSOLETE SIM6MOOBRA
1 HP ProCurve Switch 1700-8 Auction SERIAL# CN829ZG09M
REASON: OBSOLETE J9079-60001
1 Lot Computer Video Cards (9) Auction
REASON: 0 BSO LETE
1 HP COMPAQ LE2002xm Auciton SERIAL# CNC221KOM
REASON: OBSOLETE
1 2005 HONDA CIVIC CNG AUCTION 1HGEN26555L000153
1 2014 DODGE CHARGER AUCTION 2C3CDXAT9EH348809
REASON: WRECKED/SALVAGED
1 1965 Ford F-600 Dump truck AUCTION F60AR663582
REASON: OBSOLETE
QTY ASSET# DESCRIPTION DISPO VIN/Serial Number
1 2004 F-6SO WATER TRUCK AUCTION 3FRNF6S984V668806
REASON: OBSOLETE
1 2006 FORD CROWN VICTORIA AUCTION 2FAHP71W66X10S183
REASON: INOPERABLE
1 Hp Color LaserJet Pro MFP M477FNW AUCTION
REASON: BROKEN/OBSOLETE
1 Motorola Desktop Charger HTN9000C AUCTION
REASON: BROKEN/OBSOLETE
1 SO foot by 1.S inch hose double jacket AUCTION
REASON: BROKEN/OBSOLETE
1 Charging Cord HT12SO No Base AUCTION
REASON: BROKEN/OBSOLETE
1 Juster Multimedia Speakers AC-691N AUCTION
REASON: BROKEN/OBSOLETE
s Black Fire Helmet w/Shield AUCTION
REASON: BROKEN/OBSOLETE
2 Stream Light Box Light AUCTION
REASON: BROKEN/OBSOLETE
2 Flashlight - Box Light Steel AUCTION
REASON: BROKEN/OBSOLETE
1 SO foot by 1.S inch hose single jacket AUCTION
REASON: BROKEN/OBSOLETE
1 2.S inch elbow W/ Female fitting AUCTION
REASON: BROKEN/OBSOLETE
1 2.S inch to 1.S inch gated wye AUCTION
REASON: BROKEN/OBSOLETE
1 1 inch fire hose nozzle AUCTION
REASON: BROKEN/OBSOLETE
1 Avanti Standing lcemaker AUCTION
REASON: BROKEN/OBSOLETE
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.e.
City Council Meeting
of April 12, 2022
CONCURRENCE AND SUPPORT OF THE STANISLAUS COUNTY CDBG
FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN
RECOMMENDATION:
Adopt Resolution No. 2022- , A Resolution Of Concurrence And Support Of The Stanislaus County CDBG Fiscal Year 2022-2023 Annual Action Plan
BACKGROUND:
The City of Newman is part of a six-member CDBG/ESG consortium that is led by Stanislaus County. The Federal Community Development Block Grant (CDBG) encompasses the following three specific goals:
1. Provide decent housing
2. Provide a suitable living environment
3. Expand economic opportunities
Each year the United States Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the Stanislaus Urban County and the City of Turlock, specifically Community Development Block Grants (CDBG), Emergency Solutions Grants (ESG), and HOME Investment Partnerships Program (HOME) grants. In order to receive these funds, the City and Stanislaus Urban County must complete an Annual Action Plan (AAP) every year (in addition to a Consolidated Plan every five years).
The Annual Action Plan has been developed to assist the Stanislaus Urban County in achieving the three aforementioned goals on an annual basis. The overriding consideration that is required of the CDBG program is to benefit those members of the population that meet the definition of Targeted Income. A Targeted Income person is one who earns 80% or less of the AMI for CDBG funds, and 30% or less than the AMI for ESG grant funds.
Additionally, if a project benefits a specific neighborhood or community, at least 51 % of the population within that geographic boundary must be within the Targeted Income Group (TIG). As identified by the FY 2020-2025 Consolidated Plan, priority will be given to projects in the following areas: Infrastructure, Economic Development, Housing Assistance, Housing Programs, and Public Services.
ANALYSIS:
The FY 2020-2025 Consolidated Plan identifies the Stanislaus Urban County and the City ofTurlock's housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the period of the regional plan. The FY 2021-2022 AAP is considered a part of the Stanislaus Urban County's Consolidated Plan and describes the specific projects and activities that will be undertaken during Fiscal Year 2022-2023.
As stated above, CDBG area benefit activities must address the needs of low and moderate-income persons residing in an area where at least 51 % of the residents are of low-income. This is recognized by United States Department of Housing and Urban Development (HUD) as a Low/Moderate Area (LMA). With HUD's release of2010 Census data in 2014, a number of areas that previously qualified as LMA are no longer eligible. There is reason to believe that HUD-provided data does not reflect the actual majority income levels of several Stanislaus Urban County neighborhoods based on the visible physical conditions of the project areas and local knowledge and information of the community's demographics. In these cases (of which Newman is included) County and City staff will conduct door-to-door income surveys of the project areas to ensure that they meet the required LMA standards.
On an annual basis, via the Annual Action Plan, the Stanislaus Urban County will try to achieve as many of its housing and community development needs goals as feasible. The City ofNewman's CDBG projects for FY 2022/2023 are as follows:
Steffensen/Sunshine Park Area Improvement Project (multi-phase) Sidewalk, curb, gutter repair/replacement and street repair and overlay (due to infrastructure repairs; includes the replacement of antiquated Fire Hydrants (where applicable) at the 1900 Block of Sydney A venue, 1900 Block of Leslie A venue, Pine Street and Pine Court.
Agenda Item: 8.e.
Hill Park Improvement Project (multi-phase)
This project would increase amenities at Howard B. Hill Jr. Park, such as the construction of an amphitheater, lighting, ADA walkways, tables, a potential shade structure, restrooms and necessary electrical work.
Please note that the above-listed projects are in continuation projects due to HUD delays and allocation amounts.
Each member of the Consortia must concur and support the plan in order for the lead agency (Stanislaus County) to prepare and finalize said plan and submit it to the Department of Housing and Urban Development (HUD).
FISCAL IMPACT:
During Fiscal Year 2022-2023, the Stanislaus Urban County expects to receive approximately $2,469,380 in Community Development Block Grant (CDBG) program funding and $212,662 in Emergency Grant Solutions (ESG) funding. The City will receive $178,608 in program funding for Fiscal Year 2022-2023.
CONCLUSION:
Staff recommends that the Council adopt Resolution No. 2022- , A Resolution Of Concurrence And Support Of The Stanislaus County CDBG Fiscal Year 2022-2023 Annual Action Plan.
ATTACHMENTS:
1. Resolution No. 2022- , A Resolution Of Concurrence And Support Of The Stanislaus County CDBG Fiscal Year 2022-2023 Annual Action Plan.
2. Copy of the Excerpted Draft FY 2022-2023 Annual Action Plan.
Respectfully submitted,
City Planner
REVIEWED/CONCUR:
- EJ2;¥../cQ. 0
Michael Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF CONCURRENCE AND SUPPORT OF THE STANISLAUS COUNTY CDBG FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN
WHEREAS, the Stanislaus Urban County has prepared the FY 2022-2023 Annual Action Plan; WHEREAS, the Stanislaus County CDBG Consortium includes the County of Stanislaus, Cities of Ceres, Hughson, Newman, Oakdale, Patterson and Waterford and each have unanimously chosen to participate in the entitlement process thereby receiving a portion of the CDBG, HOME and NSP funds allocated to Stanislaus County and;
WHEREAS, an Annual Action Plan (AAP) outlining the Consortia's goals and projects for the upcoming fiscal year is required by the U.S. Housing and Urban Development (HUD) and; WHEREAS, the Draft Fiscal Year 2022-2023 AAP will be presented to the Stanislaus County Board of Supervisors, to open the required 30-day public review period; and WHEREAS, the following project(s) listed below have been selected as CDBG projects according to low to moderate-income eligibility and existing health and safety issues in the project area(s):
Steffensen/Sunshine Park Area Improvement Project (multi-phase) Sidewalk, curb, gutter repair/replacement and street repair and overlay (due to infrastructure repairs; includes the replacement of antiquated Fire Hydrants (where applicable) at the 1900 Block of Sydney Avenue, 1900 Block of Leslie Avenue, Pine Street and Pine Court.
Hill Park Improvement Project (multi-phase)
This project would increase amenities at Howard B. Hill Jr. Park; such as the construction of an amphitheater, lighting, ADA walkways, tables, a potential shade structure, restrooms and necessary electrical work.
WHEREAS, the draft FY 2022-2023 AAP will be made available to the public as an opportunity to review and provide comments prior to the final public hearing to be held by the Stanislaus County Board of Supervisors to consider formal adoption of said plan.
NOW, THEREFORE, BE IT RESOLVED that the Newman City Council hereby concurs and supports the proposed FY 2022-2023 Annual Action Plan.
The foregoing resolution was introduced at a regular meeting of the City Council of the City ofNewman held on the 12th day of April, 2022 by Council Member , who moved its adoption which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Casey Graham, Mayor
ATTEST:
Mike Maier, City Clerk
~"\""ENT o~ /y
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EXCERPT COPY
STANISLAUS URBAN COUNTY
and the STANISLAUS HOME CONSORTIUM
Annual Action Plan
Fiscal Year 2022-2023
for HUD Entitlement Programs
Prepared by the Stanislaus County
Department of Planning and Community Development
1010 10th Street, Suite #3400, Modesto, CA 95354
(209) 525-6330 - Fax (209) 525-5911
https://www.stancounty.com/planningjcdbgjpians-and-reports.shtm All proposed projects' budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
Draft released April 1, 2022
Stanislaus Urban County Draft Annual Action Plan ll Page Fiscal Year 2022-2023
Stanislaus Urban County and the Stanislaus HOME Consortium Stanislaus County
Chairman - Terry Withrow
Vice Chairman - Channce Condit
Supervisor Buck Condit
Supervisor Vito Chiesa
Supervisor Mani Grewal
City of Newman
Mayor - Casey Graham
Councilmember Nicholas Candea
Councilmember Scott Ball
Cuuncilrnernber Laroy McDonald
Councilmember John Pimentel
City of Riverbank
Mayor- Richard D. O'Brien
Vice Mayor- Luis Uribe
Councilmember Rachel Hernandez
Councilmember Cal Campbell
Councilmember
Darlene Barber-Martinez
City of Ceres
Mayor - Javier Lopez
Vice Mayor - Bret Silveira
Councilmember James Casey
Counciimember i...im.ia Ry11u
Councilmember Mike Kline
City of Oakdale
Mayor - Cherilyn Bairos
Mayor Pro Tern -
Christopher Smith
Councilmember Fred Smith
Councilmember Curtis Haney
City of Turlock*
Mayor-Amy Bublak
Councilmember Nicole Larson
Councilmember Rebecka Menez
Councilmember Andrew Nosrati
Councilmember Pam Franco
City of Hughson
Mayor - George Carr
Mayor Pro Tern - Harold Hill
Councilmember Michael Buck
Councilmember Ramon Bawanan
City of Patterson
Mayor - Dennis McCord
Councilmember Shivaugn Alves
Councilmember Alfred Parham
Councilmember Dominic Farinha
Councilmember Cynthia Homen
City of Waterford
Mayor - Jose Aldaco
Vice Mayor- Joseph Ewing, Ill
Councilmember Jamie Hilton
Councilmember Jill Kitchens
Councilmember Elizabeth Talbott
*Note: The City of Turlock is not a member of the Stanislaus Urban County; however, it is a member of the Stanislaus HOME Consortium.
Stanislaus Urban County Draft Annual Action Plan 21 Page I Table of Contents
Annual Action Plan
Fiscal Year 2022-2023
ES-05 Executive Summary ................................................................................................................. 4 PR-OS Lead & Responsible Agencies .................................................. '.-. ........................................................ 7 PR-10 Consultation ....................................................................................................................................... 8 PR-15 Citizen Participation ......................................................................................................................... 13 AP-15 Expected Resources ......................................................................................................................... 16 AP-20 Annual Goals and Objectives .............. : ............................................................................................ 19 AP-35 Projects ............................................................................................................................................ 21 AP-38 Project Summary ............................................................................................................................. 22 AP-50 Geographic Distribution .................................................................................................................. 41 AP-55 Affordable Housing .......................................................................................................................... 44 AP-60 Public Housing ................................................................................................................................. 45 AP-65 Homeless and Other Special Needs Activities ................................................................................. 46 AP-75 Barriers to Affordable Housing ........................................................................................................ 51 AP-85 Other Actions .................................. ; ................................................................................................ 54 AP-90 Program Specific Requirements ...................................................................................................... 57 Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 3j Page Annual Action Plan
Executive Summary
ES-05 Executive Summary
Introduction
Every year the United States Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the Stanislaus Urban County, specifically Community Development Block Grant (CDBG) and Emergency Solutions Grants (ESG) funding. In order to receive these funds, the Stanislaus Urban County must complete a Consolidated Plan (Con Plan) every 5 years and an annual work plan called the Annual Action Plan (AAP). The Urban County must also submit a Consolidated Annual Performance Evaluation Report (CAPER) on the progress of projects at the end of the fiscal year.
The Stanislaus Urban County has been a part of the Home Investment Partnerships Program (HOME) Consortium for purposes of receiving federal HOME grant funding in partnership with the City of Turlock since Fiscal Year 2000-2001. Starting in Fiscal Year 2022-2023, Stanislaus County will take on the lead entity role for a new HOME Consortium. CDBG, ESG, and HOME activities for the Stanislaus Urban County will be reported under one AAP. Under the new Stanislaus HOME Consortium, the City of Turlock wi!I report new HOME activities under the County's Annual Action Plan and CAPER and continue to report their HOME activities prior to Fiscal Year 2022-2023 under their own separate AAP and CAPER. For Fiscal Year 2022-2023:
Funds available for the Stanislaus Urban County:
CDBG: $2,469,380
ESG $212,662
Funds available for the Stanislaus HOME Consortium:
HOME: $1,468,808
Stanislaus County prepares and submits the Con Plan and AAP on behalf of the Stanislaus Urban County and, starting in Fiscal Year 2022-2023, for the Stanislaus HOME Consortium. The Con Plan for Fiscal Years 2020-2025 was adopted in May 2020 by the Stanislaus County Board of Supervisors and the Turlock City Council and identifies housing and community development activities for the five-year period. This document is the Fiscal Year 2022-2023 AAP for Year 3 of the Con Plan. The majority of this document is generated through HUD's Integrated Disbursement and Information System (IDIS) System.
Throughout this document the following geographic terms will be used. • Stanislaus Planning Area: Includes the entirety of the planning area considered under this AAP:
the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford, and the unincorporated area of the County.
• Stanislaus Urban County: A multi-jurisdictional CDBG entitlement, made up of the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford and the unincorporated area of the County. Stanislaus County is the "lead entity" for the Stanislaus Urban County.
Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 41 Page • Unincorporated County: Includes the entire unincorporated area of the County (this area is not a part of any municipality).
• Entitlement Cities: The CDBG entitlement cities in the County are Modesto and Turlock. • Home Investment Partnerships Program (HOME) Consortium: The members of the HOME Consortium are Stanislaus Urban County and the City of Turlock. Stanislaus County is the "lead entity" for the HOME Consortium.
The purpose of the Consolidated Plan is to identify housing and community development needs, priorities, goals, and strategies and to allocate how the County's' HUD funds will be utilized over the period of the Consolidated Plan.
The AAP is the one-year plan that covers the time period from July 1, 2022 to June 30, 2023. that Stanislaus County prepares pursuant to the goals outlined in the Consolidated Plan. This AAP details the projects and activities that the Stanislaus Urban County and the Stanislaus HOME Consortium will undertake to address the housing and community development needs and local objectives using CDBG, ESG, and HOME funds received during Fiscal Year 2022-2023.
Summary of the Objectives and Outcomes Identified in the Plan Needs Assessment Overview The 2020-2025 Con Plan has identified the following six goals to address housing and community development needs.
1. Increase and improve supply of affordable housing;
2. Work to end and prevent homelessness;
3. Improve infrastructure and public facilities;
4. Provide public services;
5. Community emergency responses; and
6. Administration.
CDBG funds are used by the Stanislaus Urban County for public services, public facilities and infrastructure improvements, and planning and administrative costs. ESG funds are utilized for Homeless Prevention, Rapid Re-Housing, Shelter, and Homeless Management Information System (HMIS) activities and administrative costs. HOME funds will be used to increase and improve the supply of affordable housing by supporting the development of new affordable housing projects and rehabilitation of existing housing.
Evaluation of Past Performance
Stanislaus Urban County
The priorities identified as "Goals" in the Con Plan are public infrastructure, economic development, affordable housing, public services and administration. In many neighborhoods and communities of the Stanislaus Planning Area, public infrastructure is minimal or non-existent, causing this to be a high priority need. Infrastructure such as sewer, water, curb, gutter, sidewalk, and storm drainage are typical development standards in newer neighborhoods but were not requirements at the time older neighborhoods developed. The cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, as well as Stanislaus County utilized CDBG funds for infrastructure improvement related projects.
Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 5I Page Through the CDBG Public Services Program, the Stanislaus Urban County sets aside approximately 10% of its annual CDBG allocation for programs that provide services to low to moderate-income households (families or individuals). In Fiscal Year 2021-2022, a total of 10 public service programs were awarded $243,352 to carry-out a number of needed services that benefit the homeless populations. Approximately 2, 751 individuals received a form of service through the funded agencies. Funded services ranged from meals and shelter for low-income households to emergency food assistance programs. The services provided through the funded programs positively impact the lives of the households served.
The City of Turlock was the lead entity with responsibility for implementing and administering HOME funds for the HOME Consortium during Fiscal Year 2021-2021. Starting July 1, 2022, Stanislaus County will begin overseeing the new HOME Consortium as the lead entity. Proposed HOME activities for the Stanislaus HOME Consortium are included in this AAP under Section AP-35 Projects. In an ongoing effort to meet the Con Plan goal to increase and improve the supply of affordable housing for the Stanislaus Urban County's lowest-income households, the Stanislaus Urban County members continued to use any funds available, including State CalHOME program income funds (not all Stanislaus Urban Consortium members are recipients of CalHOME funds), and HOME funds to address the variety of housing needs throughout the Stanislaus Urban County.
ESG program funding was used to provide emergency shelter and rental assistance for homeless households and households at-risk of becoming homeless. In Fiscal Year 2021,, approximately 620 individuals have received shelter and homeless preventions services through ESG funded programs.
Throughout Fiscal Year 2021-2022, the Stanislaus Urban County and the local CoC worked together on strengthening efforts to address and collaborate on homeless issues including the updating of the Stanislaus Regional Strategic Plan to Address Homelessness.
Summary of Citizen Participation Process and Consultation Process The community outreach process for the AAP included online community meetings, in person community meetings, agency phone and email consultations, consultation with the local Coe, and a meeting of the Stanislaus County's Community Development Committee.
The AAP draft document was made available to the public via the County's website as well as emailed directly to the local CoC's listserv.
Summary of Public Comments
Public comments received during the AAP's public review period will be provided at the May 3, 2022 public hearing to consider approval of the AAP and will be incorporated into the final AAP submitted to HUD.
Summary of Comments or Views Not Accepted and the Reasons for Not Accepting Them Public comments received during the AAP's public review period will be provided at the May 3, 2022 public hearing to consider approval of the AAP and will be incorporated into the final AAP submitted to HUD.
Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 6I Page area is located along Walker Lane between Tully Road and 2nd Street. Project will be phased out and costs include design, engineering and construction.
National Objective: LMA
Matrix Code: 03K
Presumed Benefit: No
Objective: Address the need for infrastructure improvements in the low-income residential area of Hughson.
Performance Outcomes:
Number of households with access to infrastructure improvements: 50 Number of residents impacted by infrastructure improvement: 150 Target Date: 6/30/2025
Estimate the number and type of families that will benefit from the proposed activities: 140 Individuals/ 50 Households
Location Description: 7018 Pine Street, Hughson, CA 95326 Planned Activities: Infrastructure Improvements.
I 8. PROJECT NAME: CITY OF NEWMAN - CDBG PROJECT ADMINISTRATION FY 22-23 Target Area(s):
Goals Supported:
Needs Addressed:
Funding:
Newman
Improve Infrastructure in low-income neighborhoods
Fair Housing and Tenant/Landlord Services
Access to public services for low-income households
Public Infrastructure Improvement
Affordable Housing
Economic Development
Public Services
Homeless Services
CDBG: $17,090 (Estimate)
Description: This expenditure costs associated with management, oversight, and coordination of the related CDBG funded projects.
National Objective: N/A
Matrix Code: 21A
Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 28 I Page Target Date: 6/30/2023
Estimate the number and type of families that will benefit from the proposed activities: N/ A Location Description: 1162 Main Street, Newman, CA 95360 Planned Activities: Administration of the City of Newman's CDBG projects for FY 2022-2023.
19. PROJECT NAME: CITY OF NEWMAN - HILL PARK AREA IMPROVEMENT PROJECT FY 22-23 Target Area(s):
Goals Supported:
., __ __._ .__.__. _____ __._
l'ICCU::> l"'\UUI C::>::>.WUe
Funding:
Description:
National Objective:
Matrix Code:
Presumed Benefit:
Objective:
Newman
Improve Infrastructure in low-income neighborhoods
n .. 1-1:- •--'---"'-· ·-'-· .,,._ ,_...,.,,.,..., .. ,,...ll"Y"t,...,...,.+ r uu11\.. lllllD~LIU\...\.UI C lllltJIVV'-111'-11~ CDBG: $64,666 (Estimate)
This project is to improve sidewalk, curbs, lights and make ADA improvements within the residential area surrounding the community park. This project would also increase amenities at Howard B. Hill Jr. Park; such as the construction of an amphitheater, lighting, ADA walkways, tables, a potential shade structure, restrooms and necessary electrical \AJork. Project wi!! be phased out and costs include design, engineering and construction.
LMA
03F
No
Address the need for infrastructure improvements in the low-income residential area of Newman
Performance Outcomes:
Number of households with access to infrastructure improvements: 220 Number of residents impacted by infrastructure improvement: 602 Target Date: 6/30/2025
Estimate the number and type of families that will benefit from the proposed activities: 602 Individuals/ 220 Households
Location Description: 1162 Main Street, Newman, CA 95360 Planned Activities: Infrastructure Improvements
Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 29 I Page
10. PROJECT NAME: CITY OF NEWMAN - STEFFENSEN-SUNSHINE PARK AREA IMPROVEMENTS PROJECT FY 22-23
Target Area(s): Newman
Goals Supported: Improve Infrastructure in low-income neighborhoods Needs Addressed: Public Infrastructure Improvement
Funding: CDBG: $100,000 (Estimate)
Description: This project is to improve sidewalk, curbs, lights and make ADA improvements within the residential area surrounding the community park. Project will be phased out and costs include design, engineering and construction.
National Objective: LMA
Matrix Code: 03F
Presumed Benefit: No
Objective: Address the need for infrastructure improvements in the low-income residential area of Newman.
Performance Outcomes:
Number of households with access to infrastructure improvements: 200 Number of residents impacted by infrastructure improvement: 510 Target Date: 6/30/2025
Estimate the number and type of families that will benefit from the proposed activities: 510 Individuals/ 200 Households
Location Description: 1162 Main Street, Newman, CA 95360 Planned Activities: Infrastructure Improvements
111. PROJECT NAME: CITY OF OAKDALE-CDBG PROJECT ADMINISTRATION FY 22-23 Target Area(s):
Goals Supported:
Needs Addressed:
Oakdale
Improve Infrastructure in low-income neighborhoods
Fair Housing and Tenant/Landlord Services
Access to public services for low-income households
Public Infrastructure Improvement
Affordable Housing
Stanislaus Urban County Draft Annual Action Plan Fiscal Year 2022-2023 30 I Page Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.f.
City Council Meeting
of April 12, 2022
APPROVE PURCAHSE AND SALE AGREEMENT FOR A CORPORATION YARD RECOMMENDATION:
Adopt Resolution No. 2022- , authorizing the City Manager to execute a Purchase and Sale Agreement for a two (2) acre parcel (APN 026-039-019) for use as a future corporation yard.
BACKGROUND:
The City's Public Works Corporation Yard is currently located on the southwest comer of the intersection of Fresno Street and L Street. The current location is approximately 30,000sf (0.70+/- acre) and serves as a corporation yard and houses animals picked up by the animal control officer. The building is roughly 2,650sf in size. Based on staffs research, the City's Corporation Yard has been in this location since the l 950's.
ANALYSIS:
As the City strives to meets the service needs of the community, it has continually added additional personnel and equipment. These additional resources have pushed the current building and site to its capacity. In an effort to plan for a new corporation yard, the City is looking to secure two (2) acres of undeveloped land on the northwest comer of Inyo Avenue and Canal School Road. The land is currently zoned M (Industrial); which permit Public buildings, facilities and uses and Public Utility uses and facilities.
FISCAL IMPACT:
This action will require a budget adjustment equal to the total purchase price of $150,000. The funding will be primarily from water, sewer and storm drainage impact fees.
CONCLUSION:
Staff recommends the Council approved the attached Purchase and Sale Agreement. The additional lands are would allow the City to initiate the plans for a Public Works Corporation Yard that will meet needs of department and community over the never several decades.
ATTACHMENTS:
1. Resolution No. 2022 - approving the Purchase and Sale Agreement for a two (2) acre parcel (APN 026-039- 019) for use as a future corporation yard.
2. Copy of Land Purchase and Sale Agreement
Respectfully Submitted,
Michael E. Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR A TWO (2) ACRE PARCEL FOR USE AS A FUTURE
CORPORATION YARD
WHEREAS, the City of Newman desires to purchase for a two (2) acre parcel (APN 026-039-019) for use as a future corporation yard; and.
WHEREAS, the City has initiated the planning stage for a new Public Works corporation yard; and WHEREAS, the City and the property owners have reached an agreement on the terms of such purchase; and
WHEREAS, the total purchase price is $150,000; and
WHEREAS, funding for the land purchase will be provide through a combination of Traffic, Water, Sewer, and Storm Drainage Impact fees;
NOW, THEREFORE BE IT RESOLVED that the City of Newman does hereby authorize the City Manager to execute a Purchase and Sale Agreement for a two (2) acre parcel (APN 026-039-019) for use as a future corporation yard.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of April, 202s by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
PURCHASE AND SALE AGREEMENT
between
DUNKLEY/LUCAS HOLDINGS
and
THE CITY OF NEWMAN
PREAMBLE
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into this 12th day of April, 2022 (hereinafter "Effective Date") between by and between DUNKLEY HOLDINGS/LUCAS FAMILY TRUST,(collectively "Seller"); and THE CITY OF NEWMAN, a municipal corporation (hereinafter "Buyer").
RECITALS
WHEREAS, Seller is owner in fee of the real property located on the northwest comer of the intersection at Canal School Road and Inyo Avenue, in the Newman area of Stanislaus County (Stanislaus County APN 049-053-026); and
WHEREAS, Buyer, the City of Newman, has threatened to exercise its authority under the California Constitution to acquire the Property by an eminent domain action authorized by the City Council and would have considered using that authority had an agreement with Seller not been achieved by this Agreement for Purchase and Sale approved by City Council Resolution No. 2022-xx on April 12, 2022; and
WHEREAS, Buyer desires to purchase two (2) acres of said property for the sole use of the City's Public Works Department; and
WHEREAS, Seller is willing to sell property to Buyer under the terms and conditions of this Agreement.
TERMS, CONDITIONS, AND COVENANTS
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
DEFINED TERMS
For the purpose of this Agreement, the terms set forth below shall have the following meanmgs:
1.01 Close of Escrow shall occur within sixty (60) days from the Effective Date. When all escrow submissions are made, escrow may close at any time within the sixty ( 60) day period.
The parties, by mutual agreement, may extend the escrow beyond the sixty ( 60) day period. It is the desire of the parties to close escrow as soon as possible.
1.02 Deed shall mean a grant deed, or similar instruments, conveying title to the real property described herein from Seller to Buyer. Seller warrants that, as of the close of this escrow, Seller has foll, legal and equitable title to convey the re<Jl property descrihed herein.
1.03 Escrow shall mean that escrow opened with Escrow Holder pursuant to this Agreement.
1.04 Escrow Holder shall mean a title insurance company selected by Buyer to carry out the duties ascribed to Escrow Holder herein.
1.05 Escrow Instructions shall mean (a) the provisions of this Agreement requiring any action by, or compliance on the part of, Escrow Holder, (b) escrow instructions known as "general provisions" which are pro forma escrow instructions for Escrow Holder (to the extent such escrow instructions do not conflict with escrow instructions specifically set forth in this Agreement) and ( c) any other supplemental instructions as may from time to time hereafter be signed and delivered by the parties to Escrow Holder. In the event of any conflict between this Agreement and the "general provisions" of Escrow Holder's pro forma escrow instructions, the escrow instructions contained in this Agreement will govern.
1.06 Real Property or Property shall mean and refer to the property bearing the legal description as set forth in Exhibit A attached hereto and made a part hereof.
ARTICLE II
AGREEMENT OF SALE
2.01 Purchase and Sale. Subject to the terms and provisions of this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the Property.
2.02 Total Purchase Price. The total purchase price for the property shall be One Hundred Fifty Thousand Dollars ($150,000)
2.03 Terms of Payments. The Buyer agrees to pay Seller the Total Purchase Price at the close of escrow.
2.04 Contingencies. The sale is contingent upon:
(a) City Council approval and ratification of this Agreement; (b) The Buyer agrees to extend up to four ( 4) water and four ( 4) sewer laterals to the remainder of the parcel at its sole expense. Buyer shall consider Seller's input into the final location of said water and sewer laterals.
( c) Subdivision of the Property to create a two (2) acre parcel of dimensions that are agreeable to Buyer and Seller.
ARTICLE III
SELLER'S REPRESENTATIONS AND WARRANTIES
Seller covenants, represents, and warrants the following:
3.01 Full Authority to Convey All Interest in the Property. Seller has the full right, power and authority to 1) execute this Agreement, and related title documents, 2) perform all of the obligations hereunder and, 3) dispose of or otherwise convey Property as described herein.
Seller represents that it has secured, or will secure before close of escrow, all appropriate consents necessary, if any, to consummate this Agreement.
3.02 Compliance with Applicable Law and No Pending Litigation Against Property.
After diligent inquiry, to the best of Seller's knowledge, there is no violation of federal, state, local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with Property which would prohibit or affect the sale thereof.
3.03 No Liens Securing Payment or Other Obligations on Property. Seller warrants that Property is not encumbered, or will not be encumbered by the time of close of escrow, by liens securing payment or other obligations which, if not performed, would entitle a third party or entity to foreclose on Property as collateral. Seller agrees to pay any general and special taxes which are delinquent on Property and to pay any special assessments due on Property as of the date of close of escrow.
ARTICLE IV
BUYER'S REPRESENTATIONS AND WARRANTIES
4.01 Buyer represents and warrants that it has or shall have full authority to carry out the provisions of this Agreement.
(
ARTICLEV
ESCROW CLOSING COSTS
5.01 All costs of escrow shall be equally shared by the Buyer and Seller 50/50.
ARTICLE VI
TITLE INSURANCE
6.01 At the close of escrow, Escrow Holder shall cause the title company to issue to Buyer a policy of title insurance for Propertx. Before close of escrow, Escrow Holder shall provide buyer with a preliminary title report.
ARTICLE VII
ESCROW PROVISIONS
7.01 Escrow. The transfer of documents and funds contemplated herein for the purchase and sale of Property shall be effected through an escrow opened by Buyer at Chicago Title 1700 Standifo_rd Ave., Ste 110, Modesto, CA 95350.
7.02 Conditions to Close of Escrow. The following shall constitute conditions precedent to the close of escrow (i.e., the transfer of Property) which may be waived only by written waiver executed by Seller or Buyer as applicable:
(a) Buyer shall have deposited with an Escrow Holder the total amount (b) City Council's approval and ratification of this Agreement; ( c) Ruyer shall not he in hreach or default of any provision herein; (d) Buyer's warranties and representations as set forth herein are true as of the close of escrow;
( e) Seller shall have deposited with Escrow Holder all of the items required under this Agreement;
( f) Seller shall not be in breach or default of any provision herein; (g) Seller's warranties and representations as set forth herein are true as of the close of escrow;
(h) The title company shall be committed to issue and shall issue as of the close of escrow the title policy as set forth in this Agreement; and (i) Buyer shall, to the fullest extent possible, cooperate with Seller on any tax exchange or involuntary exchange pursuant to IRS section 1033 that may result from this transaction.
7.03 Seller's Delivery to Escrow Holder. On or before the close of escrow, Seller shall deliver, or cause to be delivered to Escrow Holder, the following:
(a) A grant deed or deeds to the property;
(b) Such other documents necessary to carry out the prov1s10ns of this Agreement.
7.04 Buyer's Delivery to Escrow Holder. On or before the close of escrow, Buyer shall deliver, or cause to be delivered to Escrow Holder, the following:
(a) The amount set forth in section 2.02;
(b) Such other documents which are necessary to carry out the provisions of this Agreement.
7.05 Close of Escrow. The close of escrow shall be as set forth in Section 1.01 when all conditions are met as described herein and when all payments are on deposit with Escrow Holder.
7.06 Escrow Holder's Duties upon Close of Escrow. At the close of escrow, Escrow Holder shall:
(a) Record the grant deed;
(b) Prepare any preliminary or change of ownership statements as required by law with respect to close of escrow;
( c) Deliver the policy of title insurance as required and requested by Buyer as described in this Agreement at close of escrow;
(d) Deliver to Seller the amount set forth in Section 2.03; and (e) Perform such other duties as, in the opinion of Escrow Holder, are necessary to carry out the terms and provisions of this Agreement. 7 .07 Distribution of Escrow Documents. Escrow Holder shall deliver and distribute the following documents:
(a) To Seller, a proposed and final Seller's closing statement; (b) To Buyer, a proposed and final Buyer's closing statement and pro forma policy of title insurance;
(c) To Seller, recorded copies of the deed;
(d) To Buyer and Seller, copies of such other documents, if any, not referenced herein and which are recorded at close of escrow. 7 .08 Supplemental Escrow Instructions. The parties agree to execute supplemental escrow instructions to carry out the provisions of this Agreement provided they are not inconsistent with the provisions herein, or with the Agreement, or the Agreement as may hereafter be amended by and between the parties.
ARTICLE VIII
AS-IS PURCHASE
8.01 Purchase of Property "As-Is." Buyer agrees that, as of close of escrow, it will be acquiring Property in ''as-is" condition with all faults and conditions with the following exception.
ARTICLE IX
ENVIRONMENT AL SURVEY
9.01 During the terms of this Agreement, Buyer, its agents, contractors, and subcontractors shall have the right to enter upon Property, at reasonable times during ordinary i,..,.,,;¥>""'"" 1..."., ... "' +"' ""''31ra 13-nu o-n~ oll ;..,c:-""a"t;A..,c ;,...uPct;n~+;Anc fpcfc ~nrl ct11rl1Pc inf'hu-lino LIU.::>..l..1.J.V~J .1.1.V\A...l.J' '-'-' ..l...1.J.'4..1."-'-' "4.1...l.,J "4..1...1..""'" "4..l..&. .&...1...1..uy""'""'"'..1.'-'..1....1..trJ' .a...a..a. ... ""'u"'JLb_"" ..... "" ..... ..a.u' .__u ... u _ ........ _ ...,., __ ...__......,, .... ...._ .... _ .... __ ...._ ...... 0 , without limitation with regard to hazardous waste, soils, seismic and geological reports, and feasibility studies (collectively "Studies") as may be necessary or desirable in Buyer's sole judgment and discretion. The costs of any Studies conducted by Buyer shall be borne by Buyer.
Ruyer shall indemnify and hold Seller harmless from any and all damages arising out of or resulting from the acts of negligence of Buyer, its agents, contractors, and/or subcontractors in connection with such entry and/or activities upon Property.
ARTICLEX
WAIVER OF PROVISIONS
10.01 Waiver by Seller, or Buyer, of any breach of any term, covenant or condition by Buyer or Seller, as the case may be, contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition contained in this Agreement by Buyer or Seller as the case may be. Waiver of any provision of this Agreement shall be in writing.
ARTICLE XI
NOTICES
11.01 Any notice, demand, approval, consent, or other communication between the parties shall be mailed to the following addresses:
TO SELLER:
TO BUYER:
Art Dunkley
239 Main Street, Suite E
Pleasanton, CA 94566
City Manager
City of Newman
P.O. Box 787
938 Fresno Street
Newman, California 95360
ARTICLE XII
BINDING EFFECT
12.01 This Agreement is binding upon the heirs, executors, successors, and assigns of the parties.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.01 Further Documents. The parties hereto agree to make, execute and deliver such documents and undertake such other and further acts as may be reasonably necessary or convenient to carry out the intent of the parties to this Agreement.
13.02 Entire Agreement. This Agreement, plus such ancillary agreements as may be executed by the parties not a part of this Purchase Agreement, and any and all related documents to consummate this Agreement, sets forth the entire Agreement between Sellers and Buyer and supersedes all prior negotiations and agreements, written or oral, concerning or relating to the subject matter hereof.
13 .03 Invalidity of Any Provision. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Agreement as a whole.
13.04 Amendments in Writing. No addition to or modification of any prov1s10n contained in this Agreement shall be effective unless fully set forth in writing and signed by both parties hereto.
13.05 Time is of the Essence. Time is of the essence in this Agreement and each and every provision hereof. Although time is of the essence in this Agreement, this provision shall not cause an automatic forfeiture and shall be construed in accordance with traditional principles of equity.
13.06 Governing Law. All questions with respect to the construction of this Agreement and the rights and liabilities of the parties shall be governed by the laws of the State of California.
13.07 Headings. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not to be construed as enlarging or limiting the language following said headings.
13.08 Construction. Whenever the context of this Agreement requires, the singular shall include the plural and the masculine, feminine and neuter shall include the others. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if
both parties had prepared this Agreement. This Agreement consists of not only this Agreement but any and all related documents necessary to consummate the purchase of the Property.
13.09 Survival of Warranties and Covenants. All of the covenants, representations and warranties set forth herein which are intended to bind the parties after the vesting of title in Buyer shall survive the close of escrow and delivery of the deed(s). 13 .10 Execution in Counterpart. The execution of any document, including this Agreement, may be made in counterpart such that e<tch ciocument, when all signatures are appended together, shall constitute a fully executed original or copy thereof. Except for the conveyance documents to be recorded, all other documents may be executed by facsimile signature.
IN WITNESS WHEREOF, the parties hereto, by their signatures hereinbelow, enter into this Agreement effective on the date hereinabove inscribed.
CITY OF NEWMAN, a municipal corporation SELLERS
By:~~~~~ ~~~~~~
Michael E. Holland, City Manager
APPROVED AS TO FORM:
By: ~~~~~~~~~
Nubia Goldstein, City Attorney
ATTEST:
By: ~~~~ ~~~~~~~
Mike Maier, Deputy City Clerk
By:
~~~~ ~~~~~~~~
Arthur W. Dunkley, Manager Partner
Dunkley Holdings, a California General
Partnership
Laura Dompe
Lucas Family Trust
EXHIBIT A
Legal Description/Parcel Map
Legal Description and/or Parcel Map
To be added prior to finalization of agreement.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: ~
City Council Meeting
of April 12, 2022
APPROVE PURCHASE AND SALE AGREEMENT FOR SALE OF STANISLAUS STREET BETWEEN
MAND L STREETS AND THE ADJACENT ALLEYWAY TO THE NORTH
RECOMMENDATION:
Adopt Resolution No. 2022- , authorizing the City Manager to execute a Purchase and Sale Agreement for the sale of Stanislaus Street between M and L Streets.
BACKGROUND:
Stanislaus Street extends eastward from Inyo Avenue to L Street. In March of 2015, the portion of Stanislaus Street from the railroad tracks east to M Street was abandoned by the City Council. The abandonment was a result of the railroad company closing the crossing and the fact that Stanislaus Street was in poor condition. The abandoned portion has been added to an adjoining property and placed on the tax role.
ANALYSIS:
The City has been approached by the property owner who owns the land immediately north of the portion of Stanislaus Street between Mand L Streets about purchasing that segment of roadway. The owner indicated that he would like to add it to his existing site to increase his fenced-in storage area. The area measures 25,600 square feet.
In reviewing that segment of Stanislaus Street, staff found it to be in a state of underdevelopment. The street is unpaved and lacks curbs and gutters on the south side; for which the City does not have funding to correct. In addition, the street receives very little traffic. The roadway does, however, contain a City waterline that services the property to the north. Based upon staff review, the water line can be accommodated through the placement of an easement prohibiting any permanent structures from be placed on top of it.
In additional to the Stanislaus Street right-of-way, the City would include a twenty (20') foot alleyway between APNs 128-018-004 & 010. This alleyway has been fenced, inaccessible to the public for decades, and does not include any City utilities.
FISCAL IMPACT:
The total purchase price is $20,000 and all proceeds would be placed in the General Fund.
CONCLUSION:
Staff recommends the Council approved the attached Purchase and Sale Agreement. This segment of Stanislaus Street is currently underdeveloped and does not serve as a roadway of significance. Therefore, staff recommends the Council approve Resolution No. 2022- , authorizing the City Manager to execute a Purchase and Sale Agreement for the sale of Stanislaus Street between Mand L Streets and the adjacent alleyway.
ATTACHMENTS:
1. Resolution No. 2022- ,authorizing the City Manager to execute a Purchase and Sale Agreement for the sale of Stanislaus Street between Mand L Streets and the adjacent alleyway to the north.
2. Copy of Land Purchase and Sale Agreement
3. Exhibits shO\ving the parcels.
Respectfully Submitted,
-~00 Michael E. Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT FOR THE SALE OF STANISLAUS STREET BETWEEN M
AND L STREETS AND THE ADJACENT ALLEYWAY
WHEREAS, the City of Newman owns Stanislaus Street and the alleyway between APNs 128-018- 004 and 010 in fee; and
WHEREAS, Stanislaus Street is underdeveloped and lacks curbs and gutters on the south side; and WHEREAS, Stanislaus Street receives very little traffic and does not directly serve any parcels; and WHEREAS, the buyer has agreed to place an easement over an existing water line; and WHEREAS, the total purchase price is $20,000;
NOW, THEREFORE BE IT RESOLVED that the City of Newman does hereby authorize the City Manager to execute a Purchase and Sale Agreement for the sale of Stanislaus Street between M and L Streets and the adjacent alleyway.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of April, 2022 by Council Member , who moved its adoption, which motion was duly seconded ~nd it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
PURCHASE AND SALE AGREEMENT
between
GEORGE AND MARLENE SOUZA
and
THE CITY OF NEWMAN
PREAMBLE
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into this 13th day of April, 2022, (hereinafter "Effective Date") between GEORGE AND MARLENE SOUZA (hereinafter "Buyer") and THE CITY OF NEWMAN, a municipal corporation (hereinafter "Seller").
RECITALS
WHEREAS, Seller is owner in fee of the real property known as Stanislaus Street located between L Street and M Street in the City of Newman and a "former" twenty-foot (20') alley between APNs 128-018-004 & 010, more fully described on Exhibit A and shown in Exhibit B attached hereto; and
WHEREAS, this segment of Stanislaus Street is underdeveloped and the Seller does not have the funds to improve said segment in compliance with City Standards and Specification; and WHEREAS, the segment of Stanislaus Street immediately west of M Street has already been abandoned and reverted back to private property, and WHEREAS, neither the Seller, nor the public, utilizes the alley, and WHEREAS, Buyer owns the properties immediately north of the Stanislaus Street and on both sides of the alley; and
WHERAS, Buyer desires to purchase Stanislaus Street and alley so as to merge all into the existing properties for the purpose of additional storage space; and WHEREAS, Seller is willing to sell Property to Buyer under the terms and conditions of this Agreement.
TERMS, CONDITIONS, AND COVENANTS
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
DEFINED TERMS
For the purpose of this Agreement, the terms set forth below shall have the following meanmgs:
1.01 Close of Escrow shall occur within sixty (60) days from the Effective Date. When all escrow submissions are made, escrow may close at any time within the sixty (60) day period.
The parties, by extension in escrow, may extend the escrow beyond the sixty (60) day period. It is the desire of the parties to close escrow as soon as possible.
1.02 Deed shall mean a grant deed, or similar instruments, conveying title to the real property described herein from Seller to Buyer. Seller warrants that, as of the close of this escrow, Seller has full, legal and equitable title to convey the real property described herein.
1.03 Escrow shall mean that escrow opened with Escrow Holder pursuant to this Agreement.
1.04 Escrow Holder shall mean a title insurance company selected by Buyer to carry out the duties ascribed to Escrow Holder herein.
1.05 Escrow Instructions shall mean (a) the provisions of this Agreement requiring any action by, or compliance on the part of, Escrow Holder, (b) escrow instructions known as "general provisions" which are proforma escrow instructions for Escrow Holder (to the extent such escrow instructions do not conflict with escrow instructions specifically set forth in this Agreement) and ( c) any other supplemental instructions as may from time to time hereafter be signed and delivered by the parties to Escrow Holder. In the event of any conflict between this Agreement and the "general provisions" of Escrow Holder's pro forma escrow instructions, the escrow instructions contained in this Agreement will govern.
1.06 Real Property or Property shall mean and refer to the property bearing the legal description as set forth in Exhibit A attached hereto and made a part hereof.
ARTICLE II
AGREEMENT OF SALE
2.01 Purchase and Sale. Subject to the terms and provisions of this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the Property.
2.02 Total Purchase Price. The total purchase price for the properties shall be Twenty Thousand dollars ($20,000).
2.03 Terms of Payments. The Buyer agrees to pay Seller the Total Purchase Price at the close of escrow
2.04 Contingencies. The sale is contingent upon:
(a) City Council approval and ratification of this Agreement;
(b) A Buyer agrees to work with Seller to place the appropriate easements and/or install improvements to protect City utilities within Stanislaus Street.
ARTICLE III
SELLER'S REPRESENTATIONS AND WARRANTIES
Seller covenants, represents, and warrants the following:
3.01 Full Authority to Convey All Interest in the Property. Seller has the full right, power and authority to 1) execute this Agreement, and related title documents, 2) perform all of the obligations hereunder and, 3) dispose of or otherwise convey Property as described herein. Seller represents that it has secured, or will secure before close of escrow, all appropriate consents necessary, if any, to consummate this Agreement.
3.02 Compliance with Applicable Law and No Pending Litigation Against Property.
After diligent inquiry, to the best of Seller's knowledge, there is no violation of federal, state, local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with Property which would prohibit or affect the sale thereof.
3.03 No Liens Securing Payment or Other Obligations on Property. Seller warrants that Property is not encumbered, or will not be encumbered by the time of close of escrow, by liens securing payment or other obligations which, if not performed, would entitle a third party or entity to foreclose on Property as collateral. Seller agrees to pay any general and special taxes which are delinquent on Property and to pay any special assessments due on Property as of the date of close of escrow.
ARTICLE IV
BUYER'S REPRESENTATIONS AND WARRANTIES
4.01 Buyer represents and warrants that it has or shall have full authority to carry out the provisions of this Agreement.
ARTICLE V
ESCROW CLOSING COSTS
5.01 All costs of escrow shall be equally shared by the Buyer and Seller 50/50.
ARTICLE VI
TITLE INSURANCE
6.01 Within fifteen days of opening escrow, Escrow Holder shall provide Buyer and Seller with a preliminary title report.
ARTICLE VII
ESCROW PROVISIONS
7.01 Escrow. The transfer of documents and funds contemplated herein for the purchase and sale of Property shall be effected through an escrow opened by Seller at Chicago Title 1700 Standiford Avenue., Ste 110, Modesto CA 95350.
7.02 Conditions to Close of Escrow. The following shall constitute conditions precedent to the close of escrow (i.e., the transfer of Property) which may be waived only by written waiver executed by Seller or Buyer as applicable:
(a) Buyer shall have deposited with an Escrow Holder the total amount specified in section 2.02;
(b) City Council's approval and ratification of this Agreement; ( c) Buyer shall not be in breach or default of any provision herein; (d) Buyer's warranties and representations as set forth herein are true as of the close of escrow;
( e) Seller shall have deposited with Escrow Holder all of the items required under this Agreement;
(f) Seller shall not be in breach or default of any provision herein; (g) Seller's warranties and representations as set forth herein are true as of the close of escrow;
(h) The title company shall be committed to issue and shall issue as of the close of escrow the title policy as set forth in this Agreement; and
7.03 Seller's Delivery to Escrow Holder. On or before the close of escrow, Seller shall deliver, or cause to be delivered to Escrow Holder, the following:
(a) A grant deed or deeds to the property;
(b) Such other documents necessary to carry out the prov1s10ns of this Agreement.
7.04 Buyer's Delivery to Escrow Holder. On or before the close of escrow, Buyer shall deliver, or cause to be delivered to Escrow Holder, the following:
(a) The amount set forth in section 2.02;
(b) Such other documents which are necessary to carry out the provisions of this Agreement.
7 .05 Close of Escrow. The close of escrow shall be as set forth in Section 1.01 when all conditions are met as described herein and when all payments are on deposit with Escrow Holder.
7.06 Escrow Holder's Duties upon Close of Escrow. At the close of escrow, Escrow Holder shall:
(a) Record the grant deed;
(b) Prepare any preliminary or change of ownership statements as required by law with respect to close of escrow;
( c) Deliver the policy of title insurance as required and requested by Buyer as described in this Agreement at close of escrow;
( d) Deliver to Seller the amount set forth in Section 2.02; and (e) Perform such other duties as, in the opinion ofEscrow Holder, are necessary to carry out the terms and provisions of this Agreement.
7.07 Distribution of Escrow Documents. Escrow Holder shall deliver and distribute the following documents:
(a) To Seller, a proposed and final Seller's closing statement; (b) To Buyer, a proposed and final Buyer's closing statement and pro forma policy of title insurance;
(c) To Seller, recorded copies of the deed;
( d) To Buyer, after recordation, the originals of the grant deed or deeds, the policy of title insurance; and
( e) To Buyer and Seller, copies of such other documents, if any, not referenced herein and which are recorded at close of escrow.
7.08 Supplemental Escrow Instructions. The parties agree to execute supplemental escrow instructions to carry out the provisions of this Agreement provided they are not inconsistent with the provisions herein, or with the Agreement, or the Agreement as may hereafter be amended by and between the parties.
ARTICLE VIII
AS-IS PURCHASE
8.01 Purchase of Property "As-Is." Buyer agrees that, as of close of escrow, it will be acquiring Property in "as-is" condition with all faults and conditions.
ARTICLE IX
ENVIRONMENT AL SURVEY
9.01 During the terms of this Agreement, Buyer, its agents, contractors, and subcontractors shall have the right to enter upon Property, at reasonable times during ordinary business hours, to make any and all inspections, investigations, tests and studies, including, without limitation with regard to hazardous waste, soils, seismic and geological reports, and feasibility studies (collectively "Studies") as may be necessary or desirable in Buyer's sole judgment and discretion. The costs of any Studies conducted by Buyer shall be borne by Buyer.
Buyer shall indemnify and hold Seller harmless from any and all damages arising out of or resulting from the acts of negligence of Buyer, its agents, contractors, and/or subcontractors in connection with such entry and/or activities upon Property.
ARTICLEX
WAIVER OF PROVISIONS
10.01 Waiver by Seller, or Buyer, of any breach of any term, covenant or condition by Buyer or Seller, as the case may be, contained in this Agreement shall not he deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition contained in this Agreement by Buyer or Seller as the case may be. Waiver of any provision of this Agreement shall be in writing.
ARTICLE XI
NOTICES
11.01 Any notice, demand, approval, consent, or other communication between the parties shall be mailed to the following addresses:
TO BUYER:
TO SELLER:
George and Marlene Souza
2101 Hallowell Road
Newman, California 95360
City Manager
City of Newman
P.O. Box 787
93 8 Fresno Street
Newman, California 953 60
ARTICLE XII
BINDING EFFECT
12.01 This Agreement is binding upon the heirs, executors, successors, and assigns of the parties.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.01 Further Documents. The parties hereto agree to make, execute and deliver such documents and undertake such other and further acts as may be reasonably necessary or convenient to carry out the intent of the parties to this Agreement. 13 .02 Entire Agreement. This Agreement, plus such ancillary agreements as may be executed by the parties not a part of this Purchase Agreement, and any and all related documents to consummate this Agreement, sets forth the entire Agreement between Sellers and Buyer and supersedes all prior negotiations and agreements, written or oral, concerning or relating to the subject matter hereof.
13 .03 Invalidity of Any Provision. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Agreement as a whole.
13 .04 Amendments in Writing. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing and signed by both parties hereto.
13.05 Time is of the Essence. Time is of the essence in this Agreement and each and every provision hereof. Although time is of the essence in this Agreement, this provision shall not cause an automatic forfeiture and shall be construed in accordance with traditional principles of equity.
13.06 Governing Law. All questions with respect to the construction of this Agreement and the rights and liabilities of the parties shall be governed by the laws of the State of California. 13 .07 Headings. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not to be construed as enlarging or limiting the language following said headings.
13.08 Construction. Whenever the context of this Agreement requires, the singular shall include the plural and the masculine, feminine and neuter shall include the others. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared this Agreement. This Agreement consists of not only this Agreement but any and all related documents necessary to consummate the purchase of the Property.
13.09 Survival of Warranties and Covenants. All of the covenants, representations and warranties set forth herein which are intended to bind the parties after the vesting of title in Buyer shall survive the close of escrow and delivery of the deed(s). 13 .10 Execution in Counteroart. The execution of any document, including this Agreement, may be made in counterpart such that each document, when all signatures are
appended together, shall constitute a fully executed original or copy thereof. Except for the conveyance documents to be recorded, all other documents may be executed by facsimile signature.
IN WITNESS WHEREOF, the parties hereto, by their signatures hereinbelow, enter into this Agreement effective on the date hereinabove inscribed.
CITY OF NEWMAN, a municipal corporation BUYERS
By:~~~~~~~~~~~~
Michael E. Holland, City Manager
ATTEST:
By:~~~~~~~~~~~~
Mike Maier, Deputy City Clerk
George Souza
Marlene Souza
EXHIBIT A
Legal Description
Currently being developed
I
EXHIBIT B
PARCEL MAP
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ASSESSMENT PURPOSES ONLY
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Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.h.
City Council Meeting
of April 12, 2022
APPROVE RESOLUTION 2022- ACCEPTING THE PROPOSAL FOR A CLASSIFICATION AND
COMPENSATION STUDY AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT RECOMMENDATION:
It is recommended that the City Council consider:
1. Accept the proposal for a classification and compensation study and;
2. Authorizing the City Manager to sign an agreement for study services.
BACKGROUND:
In 2021 the City of Newman, the two negotiating groups of the Operating Engineers Local Union No. 3 and the Newman Police Officers Association, signed Memorandums of Understanding (MOU) that spanned two fiscal years. These MOUs cover changes to payroll, and benefits. Also, in the MOUs, the City agreed to conduct a classification and compensation study for positions covered by the MOUs. Classification and compensation studies are conducted to receive consultant recommendations with regard to appropriate titles for employees based on their daily work tasks as well as what their salary and benefits should be based on other local cities comparable to the City ofNewman.
ANALYSIS:
A Request for Proposal for a classification and compensation study was sent to eight qualifed firms. None of the firms submitted bids. One of the eight firms, Koff and Associates, conducted a compensation study in 201 7 for the City of Newman. During the open phase of the proposal, Koff & Associates notified us that due to their current work load they were unable to bid; but, could bid if the project start was delayed until September. After speaking with all negotiating groups staff decided to proceed with a delayed start. The study is estimated to be completed by February 2023.
FISCAL IMPACT:
The fiscal impact will be $56,610 which will be shared between three funds: General, Water, and Sewer Fund; each paying $18,870. This is a reasonable cost based on other studies of this type that have been conducted.
CONCLUSION:
Staff recommends that the Council award the contract to Koff & Associates for classification and compensation study services and direct the City Manager to sign an agreement.
ATTACHMENTS:
1. Resolution 2022-
2. Koff & Associates Agreement and Proposal
Respectfully submitted,
{hwls ~plu-lt-s Lewis A. Humphries
Finance Director
REVIEWED/CONCUR:
' , Q
Michael E. Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN ACCEPTING THE
PROPOSAL FOR A CLASSIFICATION AND COMPENSATION STUDY AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT.
WHEREAS, the City ofNewman in 2021 approved Memorandums of Understanding (MOU) with all three negotiating groups; and
WHEREAS, the within all three MOUs the City agreed to conduct a classification and compensation study; and
WHEREAS, the City has undertaken a full-scale competitive process for the selection of an firm to conduct said study and have reviewed the qualifications and proposals of the bidding firms and have found all that submitted proposals to be qualified, and capable; NOW, THEREFORE, BE IT RESOLVED that the City of Newman awards the contract for conducting a compensation study to Koff & Associates, a Division of Gallagher Benefit Services, Inc. an authorizes the City Manager to sign an agreement.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of April, 2022 by , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor of the City of Newman
ATTEST:
City Clerk of the City of Newman
AGREEMENT FOR SPECIAL SERVICES
Between
CITY OF NEWMAN
And
KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC.
For
CLASSIFICATION AND COMPENSATION STUDY
THIS AGREEMENT ("Agreement") is made this 20th day of March, 2022, by and between the CITY OF NEWMAN, a municipal corporation of the State of California hereinafter referred to as "CITY" and KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC., Delaware a corporation, hereinafter referred to as "CONSULTANT." WITNESS ETH:
WHEREAS, in accordance with California Government Code §37103, CITY has a need for CLASSIFICATION AND COMPENSATION STUDY; and
WHEREAS, CONSUL TANT has represented itself as duly trained, qualified, and experienced to provide such special service, hereinafter referred to as "Services." NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK: CONSULTANT shall furnish all labor, equipment, materials and process, implements, tools, and machinery, except as otherwise specified which are necessary and required to provide the Services and shall perform such special services in accordance with the standards of its profession and the specifications attached hereto as Exhibit A. CONSUL TANT shall provide Services that are acceptable to CITY. ·
2. PERSONNEL AND EQUIPMENT: CONSULTANT shall provide all personnel needed to accomplish the Services hereunder. CONSUL TANT shall additionally acquire, provide, maintain, and repair, at its sole cost and expense, such equipment, materials, and supplies as CONSUL TANT shall reasonably require to accomplish said Services.
3. SAFETY REQUIREMENT: All Services and merchandise must comply with California State Division of Industrial Safety orders and O.S.H.A.
4. COMPENSATION: CITY agrees to pay CONSULTANT in accordance with Exhibit A as full remuneration for performing all Services and furnishing all staffing and materials called for in Exhibit A and for performance by CONSUL TANT of all of its duties and obligations under this Agreement. In no event shall the sum of this Agreement exceed $18,250 and 0/1 oaths Dollars ($18,250.00). CONSULTANT agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Invoices: CONSULTANT shall submit dated invoices to CITY specifying the date, location and service rendered, and the charge therefor. (b) Payment:
(1) All payments by CITY shall be made in arrears, after satisfactory service, as determined and approved by CITY, has been provided. Payment shall be made by CITY no more than thirty (30) days from CITY's receipt of invoice. (2) CITY shall normally pay by voucher or check within ten (10) working days after each meeting at which payments can be authorized, provided that CITY receives the invoice at least five (5) working days prior to CITY's meeting date. \
(3) If CITY disputes any items on an invoice for a reasonable cause, which includes but is not limited to unsatisfactory service, CITY may deduct that disputed item from the payment, but shall not delay payment for the undisputed portions. The amounts and reasons for such deletions shall be documented to CONSUL TANT within fifteen (15) working days after receipt of invoice by CITY. CITY shall assign a sequential reference number to each deletion.
(4) If dispute is settled, payment shall be by voucher or check payable to and mailed to CONSUL TANT within five (5) working days of dispute settlement. (5)
the satisfaction of CITY.
CITY reserves the right to only pay for such services rendered to
5. TERM OF AGREEMENT: This Agreement shall become effective upon execution and shall continue in full force and effect for a period of six months (6) beginning September 1, 2022 and ending February 1, 2022, subject to CiTY;s avaiiabiiity of funds.
6. EXTENSION OF AGREEMENT: CITY may elect to extend this Agreement for three (3) additional six-month terms, on the same terms and conditions, upon providing written notice to CONSUL TANT thirty (30) days prior to the expiration of this Agreement. On each extension date, CONSULTANT will be allowed to increase prices. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in CONSULTANT's published prices, whichever is lower. In all cases, CITY may cancel the contract if a requested price increase is not acceptable.
7. INSURANCE: CONSULTANT shall not commence work under this Agreement until CONSUL TANT has obtained CITY's approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall CONSUL TANT allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. CONSUL TANT shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSUL TANT, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. (a) Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) with an additional insured endorsement (form CG 20 10 for ongoing operations and 20 37 for products/completed operations), to be approved by the City of Newman. (2) Insurance Services Office Form CA 00 01 covering Automobile Liability, Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
(4) Errors and Omissions/Professional Liability Insurance. (b) Minimum Limits of Insurance: CONSULTANT shall maintain limits no less than:
(1) General Liability (including operations, products and completed operations): $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit.
(2)
and property damage.
Automobile Liability: $1,000,000 per occurrence for bodily injury (3) Workers' Compensation: as statutorily required by the State of California. Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and Omissions/Professional Liability: $1,000,000 per claim. (c) Deductibles and Self-Insured Retentions: Upon request of CITY, any deductibles or self-insured retentions must be declared to the CITY. At the option of CITY, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) CONSUL TANT shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses. CONSUL TANT policies include the following deductibles: Professional Liability - $1 OM deductible; Workers' Compensation & Employer's Liability - $1 M deductible; Commercial General Liability - $SOOK deductible; Automobile Liability - $2M deductible; these are not stated on the Certificates of Insurance and are not subject to change.
(d) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) CITY, its elective and appointive boards, officers, agents, employees, and. volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of CONSUL TANT, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least two (2) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to CONSUL TANT's insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage. (2) For any claims related to this project, CONSUL TANT's insurance coverage shall be primary insurance as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of CONSULTANT's insurance and shall not contribute with it.
(3) Any cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the CITY. (e) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI.
(f) Verification of Coverage: CONSULTANT shall furnish CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by CITY before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive CONSULTANT'S obligation to provide them.
(g) Waiver of Subrogation: With the exception of professional liability, CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss. The commercial general liability policy and workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its agents and employees.
CONSUL TANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
(h) Subcontractors: All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. INDEMNIFICATION AND LIMITATION OF LIABiLiTY: CONSUL TANT shaii indemnify, defend, and hold harmless CITY and its elective and appointive boards, officers, agents, employees, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of CONSUL TANT, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONSULTANT'S liability to the CITY and any other party for any losses, injury or damages to persons or properties or work performed arising out of in connection with this Agreement and for any other claim, whether the claim arises in contract, tort, statute or otherwise, shall be limited to the amount of the total fees due to CONSUL TANT from CITY for the particular Services giving rise to the claim. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
AGREEMENT, CONSUL TANT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES SUSTAINED OR INCURRED
IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
9. INDEPENDENT CONTRACTOR RELATIONSHIP: All acts of CONSUL TANT, its agents, officers, and employees and all others acting on behalf of CONSUL TANT relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSUL TANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
CONSUL TANT, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSUL TANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSUL TANT in fulfillment of this Agreement.
CONSUL TANT has control over the manner and means of performing the services under this Agreement. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSUL TANT in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by CONSUL TANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSUL TANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSUL TANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSUL TANT or CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.
It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.
As an independent contractor, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
10. VOLUNTARY TERMINATION: CITY may terminate this Agreement without cause or legal excuse by providing thirty (30) days' written notice to CONSUL TANT.
11. TERMINATION OF STATED EVENT:
(a) Termination on Occurrence of Stated Events. This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSULTANT, (2) legal dissolution of CONSULTANT, or (3) death of key principal(s) of CONSULTANT.
(b) Termination by CITY for Default of CONSUL TANT. Should CONSUL TANT default in the performance of this Agreement or materially breach any of its provisions, at its option CITY may terminate this Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONSUL TANT, dishonesty or theft.
(c) Termination by CONSULTANT for Default of CITY. Should CITY default in the performance of this Agreement or materially breach any of its provisions, at its option CONSULTANT may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to cooperate reasonably with CONSULTANT, willful destruction of CONSULTANT's property by CITY, dishonesty or theft.
(d) Termination for Failure to Make Agreed-Upon Payments. Should CITY fail to pay CONSUL TANT all or any part of the payments set forth in this Agreement on the date due, at its option CONSUL TANT may terminate this Agreement if the failure is not remedied within thirty (30) days after CONSUL TANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.
(e) Termination by CITY for Change of CONSULTANT'S Tax Status. If CITY determines that CONSUL TANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONSUL TANT. The termination date shall be the effective date of the notice. (f) In the Event of Termination. If this Agreement is terminated pursuant to this Paragraph, CONSUL TANT shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY's cost, CONSUL TANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT'S work on the project. Further, if CITY so requests, and at CITY's cost, CONSUL TANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.
If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSUL TANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
12. CONFORMANCE WITH FEDERAL AND STATE LAW: All equipment, supplies and services used by CONSULTANT in the performance of this Agreement shall conform to the laws of the government of the United States and the State of California.
13. NONDISCRIMINATION: In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race religion, color, sex, or national origin. CONSUL TANT shall take affirmative action to insure that applicants are employed, and the employees are treated during their employment, without regard to their age, race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, promotions, demotions or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall also comply with the requirement of Title VII of the Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, statutes, laws, etc., promulgated pursuant to the civil rights acts of the government of the United States and the State of California now in existence or hereafter enacted. Further, CONSULTANT shall comply with the provisions of Section 1735 of the California Labor Code.
14. TIME: Time is of the essence in this Agreement.
15. ENTIRE AGREEMENT AND MODIFICATION: This Agreement supersedes all previous Agreements and constitutes the entire understanding of the parties hereto.
CONSUL TANT shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.
CONSUL TANT specifically acknowledges that in entering into and executing this Agreement, CONSUL TANT relies solely upon the provisions contained in this Agreement and no others.
16. OBLIGATIONS OF CONSUL TANT: Throughout the term of this Agreement, CONSUL TANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSUL TANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.
CONSUL TANT further represents that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
17. OWNERSHIP OF DOCUMENTS: All reports, data, drawings, plans, designs, specifications, graphics, calculations, working papers, models, flow diagrams, visual aids, and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSUL TANT for purposes other than this contract without the express prior written consent of CITY. Notwithstanding the foregoing, CONSUL TANT will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of the CITY was used to create and which was developed entirely using CONSULTANT'S own resources. To the extent CONSULTANT'S intellectual property is necessary for the CITY to use the services provided, CONSUL TANT will grant to the CITY a non-exclusive, royalty-free license to CONSUL TANT's intellectual property solely for the CITY'S use of such services.
18. NEWS AND INFORMATION RELEASE: CONSULTANT agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from CITY through the City Manager.
19. INTEREST OF CONSULTANT: CONSUL TANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.
CONSUL TANT warrants that, in performance of this Agreement, CONSUL TANT shall not employ any person having any such interest. CONSUL TANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of CITY.
20. AMENDMENTS: Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or CONSUL TANT to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.
21. PATENT/COPYRIGHT MATERIALS: Unless otherwise expressly provided in the contract, CONSUL TANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONSUL TANT shall furnish a warranty of such right to use to CITY at the request of CITY.
22. CERTIFIED PAYROLL REQUIREMENT: For CONSULTANTS performing field work on public works contracts on which prevailing wages are required, CONSULTANT shall comply with the provisions the California Labor Code including, but not limited to, Section 1776 regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
23. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
24. WAIVER: The waiver by. any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
25. AUDIT: CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents and contract files to audit and verify CONSULTANT'S charges to CITY under this Agreement.
CONSUL TANT agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONSUL TANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
26. GOVERNING LAW: This Agreement shall be governed according to the laws of the State of California.
27. HEADINGS NOT CONTROLLING: Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
28. COMPLIANCE WITH LAWS: CONSUL TANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws including, but not limited to prevailing wage laws, if applicable. CONSUL TANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
29. CITY BUSINESS LICENSE: CONSUL TANT will have a City of Newman business license.
30. ASSIGNMENT: This Agreement is binding upon CITY and CONSUL TANT and their successors. Except as otherwise provided herein, neither CITY nor CONSULTANT shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.
31. RECORD INSPECTION AND AUDIT: CONSUL TANT shall maintain adequate records to permit inspection and audit of CONSUL TANT's time and material charges under this Agreement. CONSULTANT shaU make such records available to CITY during normal business hours upon reasonable notice. Such records shall be turned over to CITY upon request.
32. EXCLUSIVE USE: Services provided within the scope of this Agreement are for the exclusive use of CITY and CONSUL TANT agrees that, until final approval by CITY, all data, plans, specifications, reports, and other documents will not be released to third parties by CONSUL TANT without the prior written consent of CITY.
33. EMPLOYMENT OF CITY OFFICIAL OR EMPLOYEE: CONSUL TANT shall employ no CITY official or employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq.; nor shall CITY violate any provision of its Conflict of Interest Code adopted pursuant to the provisions of California Government Code Sections 87300 et seq.
34. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
for CONSUL TANT: Georg S. Krammer, Managing Director
2835 Seventh Street
Berkeley, CA 94710
PHONE: 510-274-2760
FAX: 510-274-2760
for CITY: CITY OF NEWMAN
ATTN: FINANCE DEPARTMENT
P.O. Box 787 / 938 FRESNO STREET, 2N° FLOOR
NEWMAN, CALIFORNIA 95360
PHONE: (209) 862-3725, Option 2
FAX: (209) 862-3199
35. CITY CONTRACT ADMINISTRATOR: The City's contract administrator and contact person for this Agreement is:
Lewis Humphries
Department
P.O. Box 787 / 938 Fresno Street, 2nd Floor
Newman, California 95360
Telephone: (209) 862-3725, Option 2
E-mail: [email protected]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their respective representatives thereunto duly authorized.
CITY OF NEWMAN, a municipal corporation
By:~---------- Mayor
or
City Manager
Date:-------------
KOFF & ASSOCIATES, A DIVISION OF
GALLAGHER BENEFIT SERVICES, INC.
By:-----------
Title: Managing Director
Print name: Georg S. Krammer
Date: -------------
Koff & Associates
A Gallagher Company
March 21, 2022
Classification and
Compensation Study
Proposal
City of Newman
KOFF & ASSOCIATES, A GALLAGHER COMPANY
GEORG S. KRAMMER
Managing Director; Compensation and Rewards Consulting
2835 Seventh Street
Berkeley, CA 94710
www.KoffAssociates.com
gkra m [email protected]
Tel: 510.658.5633
Fax: 510.652.5633
March 21, 2022
Mr. Lewis Humphries
Finance Director
938 Fresno Street
Newman, CA 95360
Dear Mr. Humphries:
Thank you for the opportunity to provide a cost and timeline quo re for a Classification and Compensation Study for the City of Newman. We are most interested in assisting the City with this important study and feel that we are uniquely qualified to provide value to your organization b.ased on our experience working with other cities, counties, special districts, joint-powers associations.
Koff & Associates, now a Gallagher company, is an experienced Human Resources and Recruitment Services firm providing human resources services to cities, counties, special districts, courts, educational institutions, and other public agencies for 38 years. The firm has achieved a reputation for working successfully with management, employees, and governing bodies. We believe in a high level of dialogue and input from study stakeholders and our proposal speaks to that level of effort. Our firm's extra effort has resulted in close to 100% implementation of all of our classification and compensation studies.
Koff & Associates ensures that each of our projects is given the appropriate resources and attention, resulting in a high level of quality control, excellent communication between clients and our office, commitment to meeting timelines and budgets, and a consistently high-caliber work product.
As a Managing Director of Koff & Associates, Katie Kaneko would assume the role of Project Director and be responsible for the successful completion of project. We can be reached at our Berkeley address and the phone number listed on the cover page. Katie's email is [email protected] and my email is [email protected].
This proposal will remain valid for at least 90 days from the date of submittal. Please call if you have any questions or wish additional information. We look forward to the opportunity provide professional services to the City of Newman.
Sincerely,
Georg S. Krammer
Managing Director, Compensation and Rewards Consulting
2835 Seventh Street, Berkeley, California 94710 I 510.658.5633 I www.KoffAssociates.com Classification and Compensation Study Proposal
City of Newman
TIME REQUIREMENTS
Our professional experience is that classification and compensation studies of this scope and for this size organization take approximately six months to complete, allowing for adequate PDQ completion, interview time, classification description review and/or development, compensation data collection and analysis, review steps by the City, the development of final reports, any appeals, and presentations.
Therefore, if the study commences in September 2022, completion of the study by February 2023 is realistic and achievable.
The following is a suggested timeline (which can be modified based on the City's needs):
. PHASE I: Deliverable
Comprehensive Classification Study Week#
A. Meetings with Study Project Team and Management Staff and Initial Week 1 Documentation Review B. Orientation Meetings with Employees and Distribution of PDQ Week 1 c. Collection and Review of PDQs Weeks
D. Interviews with Employees, Supervisors, and Management Week7 E. Classification Concept & Preliminary Allocation Week9 F Draft Class Description Development Week 15
G Facilitation of Draft Class Description Review and Employee Feedback Week 17 Process H. Classification Plan and Draft of Interim Report and Final Report Week 18 Deliverable PHASE II: Week# Total Compensation Study
A. List of Comparator Agencies, Benchmark Classifications, and Benefits to Week 1 be Collected B. Data from Comparators and Preliminary Analysis of Data Week 18 c. Draft Compensation Findings/ Additional Analysis/Study Project Team Week 22 Meetings D. Analysis of Internal Relationships and Alignment Week 23 E. Compensation Structure and Implementation Plan Week 23 F. Final Report and Guidelines for Implementation Week 24 G. Formal Appeals Process* As Needed
H. Final Presentation As Scheduled
2835 Seventh Street, Berkeley, California 94710 I 510.658.5633 I www.KoffAssociates.com 1 -
Classification and Compensation Study Proposal
City of Newman
COST PROPOSAL
The scope of work and cost proposal are based on the assumption that the City still has approximately 24 classifications, which was the case in the 2017 study, as well as approximately 41 employees (per the RFP).
For purposes of this cost proposal, we are presenting two cost options, one option assuming that all meetings and presentations will be conducted virtually and no onsite travel will occur vs. one option assuming that meetings, orientations and interviews will be conducted in-person onsite at City offices.
Option 1: Option 2:
Deliver- Phase 1: Classification tudy Without WITH
Onsite Onsite ables 24 Classifications, 41 full-time Employees Trav I: Trav I:
Hours Hours
A. Meetings with Study Project Team and Management Staff and 8 12 Initial Documentation Review B. Orientation Meetings with Employees and Distribution of PDQ 4 8 Collection and Review of PDQs (assumes up to 35 PDQs,
assuming that we will get one individual PDQ for each singlec. incubment classification, one group PDQ for each multi- 14 14 incumbent classification, plus a few additional individual PDQs from incumbents in multi-incumbent classifications)
D. Interviews with Employees, Supervisors, and Management 28 36 E. Classification Concept & Preliminary Allocation 12 12 Draft Class Description Development (assuming up to 26
c
I• classifications, including 2 ne\,•J ones, in case nevJ classifications 65 65 are being recommended as part of the study)
G. Facilitation of Draft Class Description Review and Employee 16 16 Feedback Process H. Classification Plan and Draft of Interim Report and Final Report 12 12 Total Professional Hours - Classification 159 175
Combined professional and clerical composite rate: $170/Hour $27,030 $29,750 Option 1: Option 2:
Deliver- PHASE II: Without WITH
Onsite On site ables ' Total Compensation Study Travel: Travel:
Hours Hours
A. List of Comparator Agencies, Benchmark Classifications, and 15 15 Benefits to be Collected Data from Comparators and Preliminary Analysis of Data (this B. assumes up to 12 comparator agencies and up to 20 80 80 classifications)
c. Draft Compensation Findings/ Additional Analysis/Study Project 14 18 Team Meetings D. Analysis of Internal Relationships and Alignment 5 5 E. Compensation Structure and Implementation Plan 8 8
2835 Seventh Street, Berkeley, California 94710 I 510.658.5633 I www.KoffAssociates.com 2 -
F.
G.
H.
Classification and Compensation Study Proposal
City of Newman
Final Report and Guidelines for Implementation 12 12
Formal Appeals Process * 0 0
Final Presentation 6 12
Anticipated hours for additional unscheduled meetings and phone calls 4 8 Total Professional Hours - Compensation 144 158
Combined professional and clerical composite rate: $170/Hour $24,480 $26,860 Expenses are included in the composite hourly rate: N/A N/A Expenses include but are not limited to duplicating documents, binding reports, phone, supplies, postage, parking, meals, etc.
TOTAL PROJECT COST NOTTO EXCEED: $51,510 $56,610
*Additional consulting will be honored at composite rate ($170/hr) 2835 Seventh Street, Berkeley, California 94710 I 510.658.5633 I www.KoffAssociates.com 3 -
Signature Page
Classification and Compensation Study Proposal
City of Newman
Koff & Associates intends to adhere to all of the provisions described in the quote above.
This proposal is valid for 90 days.
Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Georg S. Krammer March 21, 2022
Managing Director, Compensation and Rewards Consulting
Koff & Associates
A Gallagher Company
2835 Seventh Street, Berkeley, California 94710 I 510.658.5633 I www.KoffAssociates.com Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.i.
City Council Meeting
of April 12, 2022
APPROVE RESOLUTION 2022- ACCEPTING THE PROPOSAL FOR AUDIT SERVICES AND
AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT
RECOMMENDATION:
It is recommended that the City Council consider:
1. Approval of the proposal for audit services and;
2. Authorizing the City Manager to sign an agreement for audit services.
BACKGROUND:
Each year the City's financial records are audited by an independent accounting firm. Using Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards, our financial records are reviewed and we are issued audited financial statements along with an Independent Auditor's Report. These reports are used by the City Council, Staff, the Public, and Bond Rating Agencies to evaluate the financial condition of the City.
The Government Finance Officers Association (GFOA) published a Best Practice -Audit Procurement guide for selecting and awarding contracts to an audit firm. A copy is included with this Staff Report. It recommends that we should enter into contracts of at least 5 years which can be a combination of multiple years and a series of single years. It also recommends undertaking a full-scale competitive process at the end of the term of each audit contract. There is no mandatory requirement for the rotation of auditors; due to the lack of availability of qualified audit firms. The previously awarded audit firm may bid and may be awarded a new contract provided that their past performance has proven satisfactory. We have undertaken a competitive bid process and have followed the "Best Practice" guide published by the GFOA.
ANALYSIS:
A Request for Proposal was sent to two local qualified firms. The City has previously contracted with both firms.
Both provided excellent service during. Only one firm replied with a bid:
R.J Ricciardi
Clendenin Bird & Assoc.
2021-22
$ 32,420
Did not submit
2022-23
$ 32,420
Did not submit
2023-24
$ 32,420
Did not submit
R.J. Ricciardi, Inc. was awarded a contract in 2017 and has performed the audit satisfactorily for the past 5 years.
We have been very happy with their service during those years.
The resolution awards the audit services contract to R.J. Ricciardi for fiscal years 2021-2022 through 2023-2024, and allows the City Manager to extend the contract for two additional one-year extensions.
FISCAL IMPACT:
The fiscal impact will be $32,420 per year paid by the General, Water and Sewer Funds; each paying $10,807.
This amount is a 12% increase from the rate charged 5 years ago in 2017. While there have been no other bids to which this proposal can be compared, it is a reasonable rate when compared to prior years audit costs.
CONCLUSION:
Staff recommends that the Council award the contract to R.J. Ricciardi for audit services and direct the City Manager to sign an agreement for those services.
ATTACHMENTS:
1. Resolution 2022-
2. Government Finance Officers Association (GFOA)- Best Practice for Audit Procurement Respectfully submitted,
~ REVIEWED/CONCUR:
Finance Director
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN ACCEPTING THE
PROPOSAL FOR AUDIT SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT.
WHEREAS, the City of Newman is required to conduct an annual audit and produce financial statements for public use and review; and
WHEREAS, the City of Newman follows the Government Finance Officers Association (GFOA) guidelines with regard to the 'Best Practices' of procuring an independent audit firm to conduct said audit; and
WHEREAS, the City had sent out a Request for Proposal to audit firms in the area; and WHEREAS, the City had received one proposal from a qualified and capable audit firm; NOW, THEREFORE, BE IT RESOLVED that the City ofNewman awards the contract for audit services to R.J. Ricciardi, Inc. for the 2021-2022 through 2023-2024 fiscal years, authorizes the City Manager to sign an agreement, and authorizes the City Manager to extend the contract for two additional one-year extensions.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of April, 2022 by , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor of the City of Newman
ATTEST:
City Clerk of the City of Newman
G~ Government Finance Officers Association
BEST PRACTICE
Audit Procurement
BACKGROUND:
The Government Finance Officers Association (GFOA) has long recommended that state and local governmental entities obtain independent audits of their financial statements performed in accordance with the appropriate professional auditing standards. Properly performed audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizens confidence in their elected leaders.
RECOMMENDATION:
GFOA makes the following recommendations regarding the selection of auditing services:
• The scope of the independent audit should encompass not only the fair presentation of the basic financial statements, but also the fair presentation of the financial statements of individual funds and component units. The cost of extending full audit coverage to the financial statements of individual funds and component units can be justified by the additional degree of assurance provided. Nevertheless, the selection of the appropriate scope of the independent audit ultimately remains a matter of professional judgment. Accordingly, those responsible for securing independent audits should make their decision concerning the appropriate scope of the audit engagement based upon their particular governments specific needs and circumstances, consistent with applicable legal requirements. • Governmental entities should require in their audit contracts that the auditors of their financial statements conform to the independence standard promulgated in the General Accounting Offices Government Auditing Standards everi for audit engagements that are not otherwise subject to generally accepted government auditing standards. • Governmental entities should enter into multiyear agreements of at least five years in duration when obtaining the services of independent auditors. Such multiyear agreements can take a variety of different forms (e.g., a series of single-year contracts), consistent with applicable legal requirements. Such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain "startup" costs over several years, rather than over a single year.
• Governmental entities should undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements. Ideally, auditor independence would be enhanced by a policy requiring that the independent auditor be replaced at the end of the audit contract, as is often the case in the private sector. Unfortunately, the frequent lack of competition among audit firms fully qualified to perform public-sector audits could make a policy of mandatory auditor rotation counterproductive. In such cases, it is recommended that a governmental entity actively seek the participation of all qualified firms, including the current auditors, assuming that the past performance of the current auditors has proven satisfactory. Except in cases where a multiyear agreement has taken the form of a series of single-year contracts, a contractual provision for the automatic renewal of the audit contract (e.g., an automatic second term for the auditor upon satisfactory performance) is inconsistent with this recommendation. • Professional standards allow independent auditors to perform certain types of nonaudit services for their audit clients. Any significant nonaudit services should always be approved in advance by a governmental entitys audit committee. Furthermore, governmental entities should routinely explore the possibility of alternative service providers before making a decision to engage their independent auditors to perform significant nonaudit services. • The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditors ability to perform a quality audit. In no case should price be allowed to serve as the sole criterion for the selection of an independent auditor.
References:
• CPA Audit Quality: A Frnmework for Procuring Audit Services, General Accounting Office, August 1987.
• Audit Management Handbook, Stephen J. Gauthier, GFOA, 1989. • An Elected Officials Guide to Auditing, Stephen J. Gauthier, GFOA, 1992. • Governmental Accounting, Auditing and Financial Reporting (GAAFR) , Stephen J. Gauthier, GFOA.
203 N. LaSalle Street - Suite 2700 I Chicago. IL 60601-1210 I Phone (312) 977-9700 - Fax: (312) 977-4806 Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.
City Council Meeting
of April 12, 2022
ADOPT RESOLUTION NO. 2022-, ACCEPTING BID FROM ROLFE CONSTRUCTION INC. FOR
INYO/CANAL SCHOOL UNDERGROUND UTILITY IMPROVEMENTS PROJECT, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF NEWMAN RECOMMENDATION:
Adopt Resolution No. 2022-, accepting the low bid from Rolfe Construction Inc. in the amount of $987,200.00 for the Inyo/Canal School Underground Utility Improvements Project and authorizing the City Manager to execute the agreement on behalf of the City of Newman.
BACKGROUND:
The City is moving forward with both underground infrastructure and surface improvement projects on Canal School Road and Inyo Avenue. This project will address the underground infrastructure needs at this location.
The major work consists of furnishing and installing approximately 2,340 linear feet of waterlines, 1,835 linear feet of sewer lines, 183 linear feet of storm drain lines, valves, fire hydrants, water service stubs, sewer lateral stubs, manholes, and AC pavement trench repairs on Inyo A venue from Saputo to Canal School and on Canal School Road to slightly North of Bonanza Drive in the City of Newman.
The project was advertised on March 2, 2022 and bids were opened March 29, 2022.
ANALYSIS:
The City received four (4) bids that were opened and read aloud at 2:00 p.m. on March 29, 2022, this being the advertised bid opening date and time. The low bid was submitted by Rolfe Construction Inc. in the amount of $987,200.00. The bid results were as listed:
FISCAL IMPACT:
Contractor
Rolfe Construction Inc.
Mid Cal Pipeline & Utilities, Inc.
Floyd Johnston Construction Co., Inc.
Saboo Inc.
Engineer's Estimate
Total Bid
$ 987,200.00
$ 993,405.00
$ 1,076,883 .00
$ 1,335, 150.00
$ 1,249,210.00
The project construction cost will be funded by the Water and Sewer Funds.
CONCLUSION:
It is recommended that the Newman City Council adopt Resolution No. 2022-, accepting the low bid from Rolfe Construction Inc. for the Inyo/Canal School Underground Utility Improvements Project and authorizing the City Manager to execute the agreement on behalf of the City of Newman.
ATTACHMENTS:
1. Engineer's recommendation to award project letter
2. Resolution No. 2022-
3. Abstract of Bids
Respectfully Submitted,
~~ Kathryn Reyes
Director of Public Works
REVIEWED/CONCUR:
--CCW&."20
Michael Holland
City Manager
GOUVEIA ENGINEERING, INC.
CONSULTING ENGINEERS
April5,2022
City of Newman
93 8 Fresno Street
Newman, CA 95360
Re: Inyo/Canal School Underground Utility Improvements Project Dear Council Members:
Bids for the above referenced project were opened at 2 p.m. on March 29, 2022. A total of four (4) bids were submitted, ranging from $987,200.00 to $1,335,150.00. The low bid totaling $987,200.00 was submitted by Rolfe Construction Inc. The Engineer's Estimate was $1,249,210.00. We recommend the project be awarded to Rolfe Construction Inc.
A complete Abstract of Bids received has been enclosed herewith.
Very
M io B. Gouveia, P.E.
Engineer
Enclosures
cc: Kathryn Reyes, Public Works Director
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN
ACCEPTING BID AND AW ARD ING CONTRACT TO ROLFE CONSTRUCTION INC.
FOR THE INYO/CANAL SCHOOL UNDERGROUND UTILITY
IMPROVEMENTS PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Invitation to Bid for the Inyo/Canal School Underground Utility Improvements Project in the City ofNewman was listed in the Westside Index Newspaper on March 2, 2022; and WHEREAS, the major work consists of furnishing and installing waterlines, sewer lines, storm drain lines, and AC pavement trench repairs on Inyo Avenue and Canal School Road in the City of Newman; and
WHEREAS, the following bids for the project were publicly opened and read aloud at the Newman City Hall on March 29, 2022 at 2:00 p.m.
Contractor
Rolfe Construction Inc.
Mid Cal Pipeline & Utilities, Inc.
Floyd Johnston Construction Co., Inc.
Saboo Inc.
Total Bid
$ 987,200.00
$ 993,405.00
$ 1,076,883.00
$ 1,335, 150.00
WHEREAS, the City Engineer's Estimate was $1,249,210.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newman upon the recommendation of the City Engineer that the Inyo/Canal School Underground Utility Improvements Project be awarded to: Rolfe Construction Inc. in the amount of Nine Hundred Eighty-Seven Thousand Two Hundred Dollars and Zero Cents ($987,200.00).
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of April, 2022 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Item Quantity
No. Item Description and Unit
1 Mobilization 1 LS
2 Traffic Control 1 LS
3 Furnish and Install 10-lnch Waterline 2,262 LF
4 Furnish and Install 6-lnch Waterline 80 LF
5 Furnish and Install 10-lnch Water Valve 5 EA
6 Furnish and Install 6-lnch Water Valve 1 EA
7 Furnish and Install 2-lnch Water Service 8 EA
8 Furnish and Install 4-lnch Water Service
Stub 1 EA
9 Furnish and Install Fire Hydrant Assembly 8 EA
10 Furnish and Install 8-lnch Sewer Line 1,835 LF
11 Construct Sewer Manhole 6 EA
12 Furnish and Install Sewer Lateral 8 EA
13 Furnish and Install 42-lnch Storm Drain
Line 153 LF
14 Remove and Replace 20-lnch Storm
Drain Line 30 LF
15 Construct Storm Drain Manhole 3 EA
16 Abandon Existing Storm Drain Manhole 2 EA
17 Abandon Existing Storm Drain Line 260 EA
18 Sheeting, Shoring, and Bracing 1 LS
19 Storm Drain/Irrigation Bypass 1 ·LS
20 Asphalt Concrete Repairs 345 TN
21 Furnish and Install Bollards 32 EA
BID TOTAL
Corrected Total: *
ABSTRACT OF BIDS FOR
CITY OF NEWMAN
Inyo/Canal School Underground Utility Improvements
Bid Opening: March 29, 2022 at 2:00 p.m.
Mid Cal Pipeline & Floyd Johnston
Rolfe Construction Inc. Utilities, Inc. Construction Co., Inc.
Engineer's Estimate 3573 Southern Pacific Ave. PO Box 2406 2301 Herndon Avenue Atwater, CA 95301 Merced, CA 95344 Clovis, CA 93611
Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 40,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 130.00 294,060.00 125.00 282,750.00 90.00 203,580.00 133.00 300,846.00 120.00 9,600.00 110.00 8,800.00 92 .00 7,360.00 115.00 9,200.00 3,500.00 17,500.00 2,900.00 14,500.00 4,200.00 21,000.00 3,230.00 16,150.00 2,500.00 2,500.00 2,300.00 2,300.00 2,500.00 2,500.00 2,077.00 2,077.00 2,500.00 20,000.00 3,805.00 30,440.00 5,200.00 41,600.00 3,095.00 24,760.00 5,000.00 5,000.00 6,328.00 6,328.00 7,000.00 7,000.00 5,250.00 5,250.00 11,000.00 88,000.00 7,564.00 60,512.00 9,000.00 72,000.00 9,911 .00 79,288.00 180.00 330,300.00 72.00 132,120.00 125.00 229,375.00 111.00 203,685.00 7,500.00 45,000.00 4,386.00 26,316.00 5,200.00 31,200.00 6,350.00 38,100.00 4,000.00 32,000.00 2,740.00 21,920.00 3,900.00 31,200.00 2,446.00 19,568.00 550.00 84,150.00 399.00 61,047.00 330.00 50,490.00 343.00 52,479.00 250.00 7,500.00 787.00 23,610.00 132.00 3,960.00 238.00 7,140.00 16,000.00 48,000.00 4,412.00 13,236.00 7,900.00 23,700.00 9,400.00 28,200.00 3,500.00 7,000.00 5,603.00 11,206.00 2,600.00 5,200.00 2,900.00 5,800.00 100.00 26,000.00 125.00 32,500.00 105.00 27,300.00 100.00 26,000.00 45,000.00 45,000.00 37,828.00 37,828.00 13,200.00 13,200.00 48,000.00 48,000.00 20,000.00 20,000.00 33,062 .00 33,062.00 22,000.00 22,000.00 16,600.00 16,600.00 280.00 96,600.00 325.00 112,125.00 300.00 103,500.00 340.00 117,300.00 500.00 16,000.00 675.00 21,600.00 1,320.00 42,240.00 670.00 21 ,440.00 $1,249,210.00 $987,200.00 $993,405.00 $1,076,883.00
Subcontractors Listed: Geo-Cell Solutions, Inc. Accurate Sawcutting inc. Kaylen Engineering Inc.
Western Oilfields dba Rain
for Rent
Geo-Cell Solutions, Inc.
Saboo Inc.
415 Beatrice Court Suite H
Brentwood, CA 94513
Unit Price Amount
40,000.00 40,000.00
15,000.00 15,000.00
100.00 226,200.00
185.00 14,800.00
7,000.00 35,000.00
5,000.00 5,000.00
4,000.00 32,000.00
7,000.00 7,000.00
13,000.00 104,000.00
90.00 165,150.00
20,000.00 120,000.00
12,000.00 96,000.00
750.00 114,750.00
420.00 12,600.00
28,000.00 84,000.00
11,000.00 22,000.00
85.00 22,100.00
30,000.00 30,000.00
25,000.00 25,000.00
310.00 106,950.00
1,800.00 57,600.00
* $1,335, 150.00
Frontline Engineering
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.b.
City Council Meeting
of April 12, 2022
CONSIDERATION OF FILLING CITY COUNCIL VA CAN CY BY APPOINTMENT OR LEAVING THE
SEAT VACANT
RECOMMENDATION:
Staff recommends that the City Council consider, discuss options, and provide City staff direction for filling the City Council seat vacated by Council Member Nicholas Candea by appointment or leaving the seat vacant.
BACKGROUND/ANALYSIS:
In 2018, Council Member Nicholas Candea (the "Council Member") was elected to a four (4) year term as Council Member. The Council Member's term expires this year. At the November 8, 2022 general election, City of Newman (the "City") voters will vote to fill this seat for a four (4) year term. On March 22, 2022, the Council Member submitted his resignation thereby creating a vacancy on the City Council (the "Vacancy").
Government Code section 36512 provides that the City Council can fill the Vacancy either by appointment or by calling a special election within sixty (60) days from the commencement of the Vacancy. Accordingly, if the City Council wishes to fill the Vacancy, the City Council must make an appointment or call a special election by May 21, 2022.
If the City Council fills the Vacancy by appointment, the person appointed will serve the remainder of the Council Member's term. The Council Member's resignation occurred in the second half of the Council Member's term.
Government Code section 36512 provides that if the Vacancy occurs during the second half of the Council Member's term, the person appointed holds office for the remainder of the Council Member's term. Thus, the person appointed will serve until the election of a new Council Member at the November 8, 2022 gene.rat election.
It is at the City Council's discretion to determine the process by which an appointment is made to fill the Vacancy.
The City Council may make a direct appointment to fill the Vacancy, or the City Council may notice the Vacancy ·and invite applications to fill the Vacancy. The City Council must appoint a person who is at least eighteen (18) years old, and a resident and registered voter of the City. 1 If the City Council decides to fill the Vacancy by appointment, City staff will prepare the needed materials, such as an application.
If the City Council decides against making an appointment to fill the Vacancy, Government Code section 36512 provides that the City Council may fill the Vacancy by calling a special election. The City Council, however, should avoid calling for a special election to fill the Vacancy. Government Code section 36512 requires that the special election be held on the next regularly established election date pursuant to Election Code section 1000 not less than one hundred fourteen ( 114) days from the call of the special election. As a result, the City can only conduct a special election on November 8, 2022, the date of the next general election. Since City voters will elect the Council Member's successor for a four ( 4) year term at the November 8, 2022 general election, the special election is unnecessary.
If the City Council does not wish to fill the Vacancy by appointment, the City Council can consider leaving the seat vacant for the remainder of the Council Member's term. State law does not require the City Council to fill the Vacancy. Accordingly, the City Council may choose to leave a seat on the City Council vacant for the remainder of the Council Member's term. If the City Council wishes to fill the Vacancy prior to the November 8, 2022 general election, however, the City Council must make an appointment by May 21, 2022.
FISCAL IMPACT:
There is no cost for leaving the seat vacant. The cost for appointment would include running an advertisement in the local newspaper. The cost for the November election will be built into the 2022/23 budget.
ENVIRONMENTAL REVIEW:
Considering, discussing options and providing City staff direction for filling the Vacancy does not constitute a project under the California Environmental Quality Act, pursuant to Public Resources Code section 21065. 1 Gov. Code,§ 36502, subd. (a); Elec. Code, § 201.
{CWI 12595.4}
Agenda Item: 10. b.
ALTERNATIVES/OPTIONS:
The City Council's options are:
1. Provide direction as to fill the Vacancy by appointment or leaving the seat vacant; or
2. Continue the item for later consideration of the City Council with direction to City staff for additional analysis. If the City Council wishes to fill the Vacancy by appointment, the City must do so by May 21, 2022.
Respectfully submitted,
City Manager
{CWI 12595.4}