AGENDA
NEWMAN CITY COUNCIL
REGULAR MEETING JUNE 28, 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
a. Proclamation – Golden Valley Health Centers 50th Anniversary. (View Proclamation) b. Proclamation – Society For disABILITIES 75th Anniversary. (View Proclamation)
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 June 20, 2022 Specail Meeting. (View Minutes) d. Authorize The City Manager To Enter Into A Contract With George Osner, AICP For Contract Planning Services. (View Report)
9. Public Hearings.
10. Regular Business
a. Adopt Resolution No. 2022- , A Resolution Approving The Calculation Of The Maximum Garbage Collection Rates Per Prior Contractual Agreement. (View Report) b. Adopt Resolution No. 2022- , A Resolution Authorizing The Execution Of A Master Property Tax Revenue Agreement Between The City Of Newman And The County Of Stanislaus. (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
June 24 – Farmers Market – Downtown Plaza – 3:30 P.M. To 7:30 P.M.
June 25 – Outdoor Movie Night – Luca – Sherman Park - 8:00 P.M.
June 28 – City Council - 7:00 P.M.
Proc{amation
Of Tfie City Of Newman
WHEREAS, Golden Valley Health Centers began serving the Central Valley in the City of Merced in 1972; and
WHEREAS, Golden Valley Health Centers team of doctors, dentists, behavior health counselors and other medical professionals and their teams are committed to providing quality health care services regardless of language, financial or cultural barriers; and WHEREAS, Golden Valley Health Centers is a Federally Qualified Health Center that provides medical, dental, behavior health and specialties to over 150,000 patients in Merced, Stanislaus and San Joaquin Counties at their 45 locations; and WHEREAS, Golden Valley Health Centers provides a variety of vital services to local residents at their Newman Health Center located at 637 Merced Street; and WHEREAS, Golden Valley Health Centers has been certified as an Advocacy Center of Excellence by the National Association of Health Centers (NACHC) which is a community health center that creates a culture of advocacy to ensure that policymakers at all levels of government commit to investing in affordable, equitable, and innovative care that health centers provide; and
WHEREAS, Golden Valley Health Centers is celebrating their 50th Anniversary in 2022;
NOW, THEREFORE, I Casey Graham, Mayor, on behalf of the Newman City Council, present this proclamation congratulating Golden Valley Health Centers on their 5Qth Anniversary.
Signed the 28th day of June, 2022
Proc{aniation
Of Tfie City Of Newman
WHEREAS, in 1947, the words "disabled" or "handicapped" were seldom used in reference to people and would have been considered extremely peculiar. The amputee, the stroke victim, or the polio patient were considered "crippled"; and WHEREAS, it was in this era, 75 years ago, in a small California farm town, that a group of people organized to help the "crippled". They saw people suffering with the after effects of polio and other disabling conditions, many of whom could not afford all of the medical care that might improve their condition; and WHEREAS, with humble beginnings, they set out to provide medical equipment, physical therapy, doctor consultations, and event~ally even vocational rehabilitation. At that time, there were no federal health plans and no notable government programs to meet these needs. That is why caring local citizens took action; and WHEREAS, that small farm town was Modesto and that little local organization was the Society for Crippled Children and Adults. In 1965, Medicare was established to provide medical care for persons with disabilities. Society responded by adapting their Loan Closet program to bridge the gaps in the Medicare system, providing medical equipment loans at no charge to the patient; and
WHEREAS, the Society has gone through several name revisions, and aside from a brief affiliation as a local chapter of the Easter Seals Society, has remained an independent, locally supported organization; and
WHEREAS, today, the Society operates the largest medical equipment loan closet in Stanislaus County, provides educational and recreational programs, job training services, a special needs fund, and resource and referral services to more than 50,000 residents of Stanislaus County living with disabilities; NOW, THEREFORE, I Casey Graham, Mayor, on behalf of the Newman City Council, present this proclamation congratulating the Society for Disabilities on their ?5th anniversary and offer our appreciation for its dedication in enhancing the quality of life of people with disabilities in our community.
Signed the 28th day of June, 2022
AP Check Register
June 9, 2022 through June 21, 2022
1 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description Advantage Gear, Inc 10-22-6300 $ 188.69 120702 6/13/2022 Uniforms/ Bowen Advantage Gear, Inc 10-22-6300 $ 171.39 120702 6/13/2022 Uniforms/ Andersen $ 360.08 120702 Total
Aguilar Vanessa 10-00-2841 $ 80.00 120703 6/13/2022 Sherman Park Rental Deposit Refund/ Aguilar
$ 80.00 120703 Total
Anderson Jazmyn 10-22-6300 $ 275.00 120704 6/13/2022 Reimbursement for Engine Boss Training/ Anderson
$ 275.00 120704 Total
Animal Damage Management, Inc 69-47-6200 $ 810.00 120705 6/13/2022 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington
Pa
$ 810.00 120705 Total
Badger Meter 63-56-6350 $ 4,688.03 120706 6/13/2022 Brass Meters $ 4,688.03 120706 Total
Baker Dorothy June 10-44-6225 $ 56.26 120707 6/13/2022 Polesaw Repairs $ 56.26 120707 Total
Beltran Alma 10-00-2841 $ 80.00 120708 6/13/2022 Sherman Park Rental Deposit Refund/ Beltran
$ 80.00 120708 Total
Bertolotti Newman Disposal 69-47-6220 $ 39.00 120710 6/13/2022 40 Yard Trash Bin Dumping@ Corp
Yard/ May 2022
Bertolotti Newman Disposal 10-33-6220 $ 39.00 120710 6/13/2022 40 Yard Trash Bin Dumping@ Corp
Yard/ May 2022
Bertolotti Newman Disposal 10-33-6220 $ 1,032.31 120710 6/13/2022 26 Yard Trash Bin & Street Sweeping
Debris/ May 2022
Bertolotti Newman Disposal 69-47-6220 $ 1,032.31 120710 6/13/2022 26 Yard Trash Bin & Street Sweeping
Debris/ May 2022
$ 2,142.62 120710 Total
Bertolotti Newman Disposal, Inc 10-41-6200 $ 71,764.79 120709 6/13/2022 Monthly Contract Garbage Service/May 2022
Bertolotti Newman Disposal, Inc 10-00-5730 $ 18,180.41 120709 6/13/2022 Monthly Contract Garbage Service/May 2022
Bertolotti Newman Disposal, Inc 10-00-5080 $ (13,396.09) 120709 6/13/2022 Monthly Contract Garbage Service/May 2022
Bertolotti Newman Disposal, Inc 10-00-5733 $ (4,784.32) 120709 6/13/2022 Monthly Contract Garbage Service/May 2022
$ 71,764.79 120709 Total
Borrelli Travis 69-47-6200 $ 185.74 120779 6/13/2022 Portable Restroom Rental Service
$ 185.74 120779 Total
Bowen Trista 10-22-6300 $ 1,188.02 120712 6/13/2022 Reimbursement for Fire lnvestigationTraining Hotel Stay/
Bowen
$ 1,188.02 120712 Total
Bruss Damian 63-56-6690 $ 72.77 120713 6/13/2022 Reimbursement for Training Lunch/ Bruss
$ 72.77 120713 Total
BUSINESS CARD 10-22-6300 $ 9.06 120714 6/13/2022 Postage BUSINESS CARD 60-50-6200 $ 5.39 120714 6/13/2022 Amazon Prime BUSINESS CARD 10-07-6300 $ 33.72 120714 6/13/2022 Plug Ins BUSINESS CARD 63-56-6690 $ 900.00 120714 6/13/2022 CWRA Training/ Bruss BUSINESS CARD 10-44-6200 $ 5.39 120714 6/13/2022 Amazon Prime BUSINESS CARD 60-50-6420 $ 202.33 120714 6/13/2022 Telephone Service/Long Distance May 2022
BUSINESS CARD 63-56-6690 $ 1,214.72 120714 6/13/2022 Hotel Stay/ Bruss
AP Check Register
June 9, 2022 through June 21, 2022
2 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description BUSINESS CARD 60-50-6635 $ 115.53 120714 6/13/2022 Training Manuals BUSINESS CARD 63-56-6225 $ 125.85 120714 6/13/2022 Repair Parts BUSINESS CARD 63-56-6420 $ 202.33 120714 6/13/2022 Telephone Service/Long Distance May 2022
BUSINESS CARD 10-22-6420 $ 398.61 120714 6/13/2022 Telephone Service/Long Distance May 2022
BUSINESS CARD 10-14-6330 $ 1,645.80 120714 6/13/2022 Stamped Envelopes BUSINESS CARD 63-56-6300 $ 21.56 120714 6/13/2022 Wireless Mouse BUSINESS CARD 10-14-6200 $ 5.39 120714 6/13/2022 Amazon Prime BUSINESS CARD 63-56-6200 $ 5.39 120714 6/13/2022 Amazon Prime BUSINESS CARD 63-56-6200 $ 5.39 120714 6/13/2022 Amazon Prime BUSINESS CARD 60-50-6200 $ 5.39 120714 6/13/2022 Amazon Prime BUSINESS CARD 10-14-6420 $ 202.33 120714 6/13/2022 Telephone Service/Long Distance May 2022
BUSINESS CARD 10-45-6420 $ 202.33 120714 6/13/2022 Telephone Service/Long Distance May 2022
BUSINESS CARD 10-21-6420 $ 169.98 120714 6/13/2022 Internet Service Newman to Ceres/PD/ 6-6-22 to
7-5-22
BUSINESS CARD 10-03-6200 $ 59.95 120714 6/13/2022 Vimeo Membership Renewal BUSINESS CARD 10-07-6300 $ 53.00 120714 6/13/2022 Vinyl Decals for Front Door/ City Hall BUSINESS CARD 10-22-6300 $ 8.70 120714 6/13/2022 Postage $ 5,598.14 120714 Total
Cal Fire 10-22-6690 $ 525.00 120715 6/13/2022 F Step Training Emergency Vehicle Operations
$ 525.00 120715 Total
CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,000.00 120716 6/13/2022 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,000.00 120716 6/13/2022 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,000.00 120716 6/13/2022 Grant writing/Lobbying $ 3,000.00 120716 Total
Cardmember Service 10-45-6724 $ 124.92 120717 6/13/2022 Speaker Cardmember Service 10-01-6300 $ 12.93 120717 6/13/2022 Chlorine Test Paper Cardmember Service 10-45-6300 $ 16.72 120717 6/13/2022 Teen Center Supplies Cardmember Service 10-45-6722 $ 14.20 120717 6/13/2022 Teen Center Supplies Cardmember Service 10-45-6300 $ 52.83 120717 6/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6300 $ 42.05 120717 6/13/2022 Ink Cardmember Service 10-01-6620 $ 124.91 120717 6/13/2022 Speaker Cardmember Service 10-45-6739 $ 213.69 120717 6/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-7105 $ 47.44 120717 6/13/2022 Teen Center Supplies $ 649.69 120717 Total
CBA (ADMIN FEES) 10-00-2261 $ 292.50 120718 6/13/2022 Dental-Vision Admin Fees/ June 2022
$ 292.50 120718 Total
Cen-Cal Auto & Truck Parts/ NAPA 60-50-6530 $ (47.47) 120751 6/13/2022 Refund for Core Deposit Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 160.13 120751 6/13/2022 Dexron, Pumice, Washer Fluid Cen-Cal Auto & Truck Parts/ NAPA 63-56-6530 $ 10.00 120751 6/13/2022 Oll Cen-Cal Auto & Truck Parts/ NAPA 63-56-6530 $ 73.09 120751 6/13/2022 Jumper Cables
AP Check Register
June 9, 2022 through June 21, 2022
3 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description Cen-Cal Auto & Truck Parts/ NAPA 10-22-6300 $ 8.08 120751 6/13/2022 Lamp Cen-Cal Auto & Truck Parts/ NAPA 60-50-6530 $ 248.32 120751 6/13/2022 Battery Cen-Cal Auto & Truck Parts/ NAPA 10-22-6300 $ 214.67 120751 6/13/2022 Jump Start Pack $ 666.82 120751 Total
Center for Human Services 10-00-2841 $ 10.00 120720 6/13/2022 Pioneer Park Rental Deposit Refund/ CHS Newman FRC
$ 10.00 120720 Total
CENTRAL SANITARY SUPPLY 10-46-6300 $ 22.53 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6660 $ 133.36 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6660 $ 180.27 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-46-6300 $ (8.14) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6665 $ 16.67 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6300 $ (16.29) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6300 $ 33.34 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6665 $ 22.53 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6300 $ 22.54 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6660 $ (65.14) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6670 $ (32.57) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-21-6300 $ 33.34 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6300 $ 16.67 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-46-6300 $ 16.67 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6670 $ 66.67 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-22-6300 $ 22.53 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-22-6300 $ (8.15) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-21-6300 $ 45.07 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6670 $ 90.13 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6665 $ (8.14) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6300 $ (8.14) 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-22-6300 $ 16.67 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6300 $ 45.07 120719 6/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-21-6300 $ (16.28) 120719 6/13/2022 Miscellaneous Cleaning Supplies $ 621.21 120719 Total
Cerna Jesus 10-00-2840 $ 300.00 120721 6/13/2022 Memorial Building Rental Deposit Refund/ Cerna
$ 300.00 120721 Total
Cintas 10-21-6300 $ 77.34 120722 6/13/2022 First Aid Supplies $ 77.34 120722 Total
City of Ceres 10-21-6615 $ 16,000.00 120723 6/13/2022 Dispatch Service 6-1-22 to 6-30-22
$ 16,000.00 120723 Total
City Signs 10-07-6300 $ 51.55 120724 6/13/2022 Vinyl Decals for Front Door/ City Hall $ 51.55 120724 Total
AP Check Register
June 9, 2022 through June 21, 2022
4 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description CODE PUBLISHING COMPANY 10-03-6265 $ 126.00 120725 6/13/2022 Municipal Code Update $ 126.00 120725 Total
COMCAST CABLE 10-46-6200 $ 8.52 120726 6/13/2022 Cable Service at Corp Yard $ 8.52 120726 Total
De La Cruz Alexander 10-45-6735 $ 266.00 120728 6/13/2022 Youth Soccer Referee/ De La Cruz
$ 266.00 120728 Total
Del Puerto Health Care District 10-21-6235 $ 245.00 120727 6/13/2022 Pre-employment Physical/ Sturges Anderson
$ 245.00 120727 Total
Delgado Lynnette 10-00-2841 $ 80.00 120729 6/13/2022 Sherman Park Rental Deposit Refund/ Delgado
$ 80.00 120729 Total
Derek Sawyer's Smart Energy Heating & Air, Inc 10-07-6200 $ 11,956.00 120730 6/13/2022 New AC @ 1162 Main St $ 11,956.00 120730 Total
Derotic Emergency Equipment 10-21-6530 $ 24.27 120731 6/13/2022 Fender Decals $ 24.27 120731 Total
DJ Francis Electric 60-50-6225 $ 703.94 120732 6/13/2022 Repair on Impellers $ 703.94 120732 Total
Esquivez Maria 10-00-2840 $ 150.00 120733 6/13/2022 Memorial Building Rental Deposit Refund Minus $150.00/ Esquivez
$ 150.00 120733 Total
ESTRADA LENO 10-00-2010 $ 450.00 120783 6/13/2022 Refund Check 015628-000, 2135 N STREET $ 450.00 120783 Total
Everything Glass & Mirror 10-45-7105 $ 373.90 120734 6/13/2022 New Windows at Teen Center $ 373.90 120734 Total
FERGUSON ENTERPRISES, INC 1423 60-50-6225 $ 634.68 120735 6/13/2022 Water Repair Parts $ 634.68 120735 Total
FGL ENVIRONMENTAL, INC 60-50-6200 $ 299.00 120736 6/13/2022 Inorganic Analysis, Support Analysis
FGL ENVIRONMENTAL, INC 60-50-6200 $ 299.00 120736 6/13/2022 Inorganic Analysis, Support Analysis
$ 598.00 120736 Total
Garcia Bonifacio 10-22-6530 $ 112.48 120711 6/13/2022 Battery Charger $ 112.48 120711 Total
GARDEA OSCAR & RUBY 63-00-2010 $ 22.77 120785 6/13/2022 Refund Check 012666-000, 2231 CANYON BROOK LN $ 22.77 120785 Total
GARTON TRACTOR 63-56-6530 $ 2,334.79 120737 6/13/2022 Backhoe Repairs GARTON TRACTOR 10-44-6530 $ 2,334.79 120737 6/13/2022 Backhoe Repairs GARTON TRACTOR 60-50-6530 $ 2,334.79 120737 6/13/2022 Backhoe Repairs GARTON TRACTOR 69-47-6530 $ 2,334.80 120737 6/13/2022 Backhoe Repairs $ 9,339.17 120737 Total
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 139.00 120738 6/13/2022 1 New Tire on Trailer/ PW
$ 139.00 120738 Total
HERRERA ANTONIO & LINDSEY 63-00-2010 $ 130.16 120787 6/13/2022 Refund Check 016039-000, 1316 MARAPOLE CT
AP Check Register
June 9, 2022 through June 21, 2022
5 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 130.16 120787 Total
IDEXX LABORATORIES, INC. 63-56-6300 $ 406.02 120739 6/13/2022 Water Testing Supplies $ 406.02 120739 Total
Industrial Electrical Company 63-56-6225 $ 540.00 120740 6/13/2022 Generator Repairs $ 540.00 120740 Total
INFOSEND, INC 63-56-6200 $ 1,151.35 120741 6/13/2022 Utility Bill& Late Nottce Mailing May 2022
INFOSEND, INC 60-50-6200 $ 1,151.36 120741 6/13/2022 Utility Bill& Late Nottce Mailing May 2022
$ 2,302.71 120741 Total
IRRIGATION DESIGN & CONST 60-50-6300 $ 33.70 120742 6/13/2022 Gopher Bait, Gasket Lube, Gaskets IRRIGATION DESIGN & CONST 60-50-6300 $ 10.55 120742 6/13/2022 Universal Gate IRRIGATION DESIGN & CONST 10-46-6300 $ 8.93 120742 6/13/2022 Coupling IRRIGATION DESIGN & CONST 60-50-6300 $ 71.73 120742 6/13/2022 Coveralls, Valve, Bushing, Adapter IRRIGATION DESIGN & CONST 10-44-6300 $ 60.78 120742 6/13/2022 Tee, Coupling, Bushing, Pipe IRRIGATION DESIGN & CONST 60-50-6300 $ 8.61 120742 6/13/2022 Tube Ball $ 194.30 120742 Total
JOCELYN ROLAND, Ph.D. 10-21-6235 $ 475.00 120771 6/13/2022 Pre-Employment Psychological Screening/Palomino
$ 475.00 120771 Total
Knife River Construction 28-33-7715 $ 62,266.80 120744 6/13/2022 2020 SBI lmproveements Payment #2
$ 62,266.80 120744 Total
Krazan & Associates, Inc 28-33-7712 $ 1,850.00 120745 6/13/2022 Kern & R St Improvements Testing &
Inspection Services
$ 1,850.00 120745 Total
Kumar Alice 10-00-2841 $ 20.00 120746 6/13/2022 Pioneer Park Rental Deposit Refund/ Kumar
$ 20.00 120746 Total
McKesson Medical-Surgical 10-22-6300 $ 50.13 120747 6/13/2022 Oxygen Sealing Washer $ 50.13 120747 Total
Metropolitan Transportation Commission 10-33-6200 $ 2,000.00 120748 6/13/2022 StreetSaver Annual Subscription $ 2,000.00 120748 Total
MID VALLEY IT, INC 60-50-6300 $ 1,923.04 120750 6/13/2022 City Hall Wi-Fi Installation MID VALLEY IT, INC 63-56-6300 $ 1,923.03 120750 6/13/2022 City Hall Wi-Fi Installation MID VALLEY IT, INC 10-07-6300 $ 1,923.04 120750 6/13/2022 City Hall Wi-Fi Installation $ 5,769.11 120750 Total
Mid Valley Publications 10-21-6600 $ 258.66 120749 6/13/2022 Employment Ad Police Officer $ 258.66 120749 Total
MORGANTI BOB 63-00-2010 $ 55.96 120786 6/13/2022 Refund Check 007103-000, 1341 P STREET $ 55.96 120786 Total
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 144.50 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 32.35 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 10.35 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 1.00 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
AP Check Register
June 9, 2022 through June 21, 2022
6 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 5.38 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 0.79 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-21-6300 $ 3.01 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 20.49 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 29.33 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 53.93 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 21.55 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6660 $ (10.35) 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 9.27 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 6.46 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 7.06 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 59.92 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-14-6300 $ 1.01 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 10.35 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 10.78 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 9.27 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-21-6300 $ 3.01 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 18.53 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6660 $ 194.16 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6660 $ 16.81 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 22.20 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 1.00 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs,
Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 18.96 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 12.92 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 28.03 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ (6.46) 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 5.16 120753 6/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
$ 740.77 120753 Total
NEWMAN FIREFIGHTERS, INC. 10-22-6300 $ 34.44 120752 6/13/2022 Reimbursement for Water Bottles $ 34.44 120752 Total
Newman Partnership 10-21-6620 $ 15.00 120754 6/13/2022 Westside Senior Awareness Event
$ 15.00 120754 Total
NORMAC, INC. 69-47-6300 $ 1,864.54 120756 6/13/2022 Irritrol $ 1,864.54 120756 Total
North Star Engineering Group, Inc 18-32-7739 $ 2,035.00 120755 6/13/2022 Professional Seivices Through 5-31-22
$ 2,035.00 120755 Total
Nutrien Ag Solutions Inc 10-33-6270 $ 293.20 120757 6/13/2022 5 Gallons Forfeit $ 293.20 120757 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 824.00 120758 6/13/2022 Health Insurance Premium/ July
2022 /Caetano
AP Check Register
June 9, 2022 through June 21, 2022
7 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 824.00 120758 Total
Opportunity Stanislaus 10-14-6200 $ 128.00 120759 6/13/2022 Workkeys Testing March 2022 Opportunity Stanislaus 60-50-6200 $ 128.00 120759 6/13/2022 Workkeys Testing March 2022 Opportunity Stanislaus 10-22-6200 $ 90.00 120759 6/13/2022 Workkeys Testing May 2022 Opportunity Stanislaus 63-56-6200 $ 128.00 120759 6/13/2022 Workkeys Testing March 2022 Opportunity Stanislaus 10-07-6200 $ 90.00 120759 6/13/2022 Workkeys Testing May 2022 $ 564.00 120759 Total
P B Iyer 10-21-6235 $ 21.00 120743 6/13/2022 Medical Exam/ Lopez $ 21.00 120743 Total
P G & E 10-46-6410 $ 18.57 120762 6/13/2022 Gas & Electric Use P G & E 10-44-6410 $ 804.25 120762 6/13/2022 Gas & Electric Use P G & E 63-56-6410 $ 22,873.68 120762 6/13/2022 Gas & Electric Use P G & E 10-33-6410 $ 6,479.60 120762 6/13/2022 Gas & Electric Use P G & E 10-45-6410 $ 155.48 120762 6/13/2022 Gas & Electric Use P G & E 10-22-6410 $ 161.82 120762 6/13/2022 Gas & Electric Use P G & E 10-07-6410 $ 4,891.35 120762 6/13/2022 Gas & Electric Use P G & E 60-50-6410 $ (10,006.35) 120762 6/13/2022 Gas & Electric Use P G & E 69-47-6410 $ 3,923.81 120762 6/13/2022 Gas & Electric Use $ 29,302.21 120762 Total
Pantoia Salvador 10-00-2841 $ 20.00 120760 6/13/2022 Pioneer Park Rental Deposit Refund/ Pantoia
$ 20.00 120760 Total
PIONEER DRUG 10-46-6300 $ 15.03 120763 6/13/2022 Cups, Spoons, Forks $ 15.03 120763 Total
R.J. Ricciardi, Inc, CPAs 63-56-6205 $ 798.66 120770 6/13/2022 Professional Services Rendered Through 5-31-22
R.J. Ricciardi, Inc, CPAs 10-14-6205 $ 798.67 120770 6/13/2022 Professional Services Rendered
Through 5-31-22
R.J. Ricciardi, Inc, CPAs 60-50-6205 $ 798.67 120770 6/13/2022 Professional Services Rendered Through 5-31-22
$ 2,396.00 120770 Total
RALEY'S IN STORE CHARGE 10-46-6300 $ 90.99 120764 6/13/2022 Corp Yard Supplies RALEY'S IN STORE CHARGE 63-56-6300 $ 5.82 120764 6/13/2022 City Hall Supplies RALEY'S IN STORE CHARGE 10-14-6300 $ 5.83 120764 6/13/2022 City Hall Supplies RALEY'S IN STORE CHARGE 60-50-6300 $ 5.82 120764 6/13/2022 City Hall Supplies $ 108.46 120764 Total
Rangel Samuel 60-50-6225 $ 1,850.00 120765 6/13/2022 Barbwire Fence Repair at Hills Ferry Rd
$ 1,850.00 120765 Total
Rangel Samuel 60-50-6225 $ 4,500.00 120766 6/13/2022 Barbwire Fence Repair at Hills Ferry Rd
$ 4,500.00 120766 Total
Redtail Consulting 17-36-7780 $ 697.00 120767 6/13/2022 Project #603.CNP.21 NEWS Project Resource Agency
Permitting
Redtail Consulting 17-36-7780 $ 316.00 120767 6/13/2022 Project #603.CNP.21 NEWS Project Resource Agency
Permitting
Redtail Consulting 17-36-7779 $ 650.00 120767 6/13/2022 Project #607.CNP.21 NCAA Wetland Project
CEQA Addendum
AP Check Register
June 9, 2022 through June 21, 2022
8 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description Redtail Consulting 17-36-7779 $ 13,223.42 120767 6/13/2022 Project #607.CNP.21 NCAA Wetland Project
CEQA Addendum
$ 14,886.42 120767 Total
Rick Engineering Company 17-36-7780 $ 119,130.22 120768 6/13/2022 Project C18529-C00 Newman Design Prop 1
$ 119,130.22 120768 Total
RRM DESIGN GROUP, INC. 17-06-6205 $ 241.50 120772 6/13/2022 Newman Highway 33 Specific Plan Update
$ 241.50 120772 Total
SAFE-T-LITE 69-47-6300 $ 37.32 120773 6/13/2022 Ear Plugs, Lens Cleaning Cloths SAFE-T-LITE 10-33-6300 $ 37.31 120773 6/13/2022 Ear Plugs, Lens Cleaning Cloths SAFE-T-LITE 63-56-6300 $ 145.57 120773 6/13/2022 Traffic Signs $ 220.20 120773 Total
Sierra Medical Services Alliance 10-45-6690 $ 80.00 120769 6/13/2022 Heartsaver First Aid $ 80.00 120769 Total
Solar Integrated Fund III 60-50-6410 $ 13,348.91 120774 6/13/2022 Solar Production Period 4-1 -22 to
4-30-22
$ 13,348.91 120774 Total
Springbrook Holding Company, LLC 60-50-6310 $ 562.33 120775 6/13/2022 Civic Pay Transaction Fee Springbrook Holding Company, LLC 10-14-6310 $ 89.50 120775 6/13/2022 Upgrade with Custom Springbrook Holding Company, LLC 63-56-6310 $ 89.50 120775 6/13/2022 Upgrade with Custom Springbrook Holding Company, LLC 63-56-6310 $ 562.33 120775 6/13/2022 Civic Pay Transaction Fee Springbrook Holding Company, LLC 60-50-6310 $ 89.50 120775 6/13/2022 Upgrade with Custom Springbrook Holding Company, LLC 10-14-6310 $ 562.34 120775 6/13/2022 Civic Pay Transaction Fee $ 1,955.50 120775 Total
Stanislaus County Auditor-Controller 10-44-6510 $ 22.11 120776 6/13/2022 CNG Fuel Pumped from Morgan Road/ March 2022
Stanislaus County Auditor-Controller 69-47-6530 $ 4,332.00 120776 6/13/2022 CNG Fuel Pumped from Morgan Road/ March 2022
Stanislaus County Auditor-Controller 60-50-6530 $ 4,857.43 120776 6/13/2022 CNG Fuel Pumped from Morgan Road/ March 2022
Stanislaus County Auditor-Controller 10-33-6530 $ 5,951.15 120776 6/13/2022 CNG Fuel Pumped from Morgan Road/ March 2022
Stanislaus County Auditor-Controller 10-44-6530 $ 1,679.07 120776 6/13/2022 CNG Fuel Pumped from Morgan
Road/ March 2022
$ 16,841.76 120776 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7120 $ 16,158.50 120778 6/13/2022 Project# 184031401 WWTRF Influent Trunk Sewer Upgrade
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 7,322.00 120778 6/13/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
$ 23,480.50 120778 Total
STAPLES ADVANTAGE 10-21-6300 $ 150.41 120777 6/13/2022 Toner, File Folders, Post Its, Tape, Memo Book STAPLES ADVANTAGE 63-56-6300 $ 17.60 120777 6/13/2022 Labels, Post Its, Pens STAPLES ADVANTAGE 10-14-6300 $ 17.61 120777 6/13/2022 Labels, Post Its, Pens STAPLES ADVANTAGE 60-50-6300 $ 17.61 120777 6/13/2022 Labels, Post Its, Pens $ 203.23 120777 Total
SWRCB-DWOCP 63-56-6635 $ 70.00 120780 6/13/2022 Water Distribution Operator Certification/ Bruss
$ 70.00 120780 Total
T.H.E. OFFICE CITY 10-14-6300 $ (8.00) 120781 6/13/2022 Return of Desk Organizer T.H.E. OFFICE CITY 63-56-6300 $ 12.00 120781 6/13/2022 Stapler
AP Check Register
June 9, 2022 through June 21, 2022
9 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description T.H.E. OFFICE CITY 63-56-6300 $ 21.80 120781 6/13/2022 Wrist Rest, Desk Organizer T.H.E. OFFICE CITY 60-50-6300 $ 12.00 120781 6/13/2022 Stapler T.H.E. OFFICE CITY 10-14-6300 $ 14.67 120781 6/13/2022 Calculator Tape T.H.E. OFFICE CITY 60-50-6300 $ (8.00) 120781 6/13/2022 Return of Desk Organizer T.H.E. OFFICE CITY 63-56-6300 $ 14.66 120781 6/13/2022 Calculator Tape T.H.E. OFFICE CITY 63-56-6300 $ (7.99) 120781 6/13/2022 Return of Desk Organizer T.H.E. OFFICE CITY 63-56-6300 $ 17.24 120781 6/13/2022 Envelopes, Wrist Rest T.H.E. OFFICE CITY 10-14-6300 $ 8.00 120781 6/13/2022 Desk Organizer T.H.E. OFFICE CITY 10-14-6300 $ 17.25 120781 6/13/2022 Envelopes, Wrist Rest T.H.E. OFFICE CITY 60-50-6300 $ 14.66 120781 6/13/2022 Calculator Tape T.H.E. OFFICE CITY 10-14-6300 $ 21.80 120781 6/13/2022 Wrist Rest, Desk Organizer T.H.E. OFFICE CITY 60-50-6300 $ 8.00 120781 6/13/2022 Desk Organizer T.H.E. OFFICE CITY 60-50-6300 $ 21.80 120781 6/13/2022 Wrist Rest, Desk Organizer T.H.E. OFFICE CITY 60-50-6300 $ 17.25 120781 6/13/2022 Envelopes, Wrist Rest T.H.E. OFFICE CITY 63-56-6300 $ 7.99 120781 6/13/2022 Desk Organizer T.H.E. OFFICE CITY 10-14-6300 $ 12.00 120781 6/13/2022 Stapler $ 197.13 120781 Total
Tank Town Media LLC 10-21-6600 $ 93.50 120761 6/13/2022 Employment Ad Police Officer $ 93.50 120761 Total
The Wilson Bohannan Padlock Company 63-56-6300 $ 1,065.13 120795 6/13/2022 72 Brass Padlocks $ 1,065.13 120795 Total
True Blue Veterinary Group 10-21-6208 $ 3,396.55 120782 6/13/2022 Menthly Contract Animal Control/ May 2022
$ 3,396.55 120782 Total
UNIVAR USA, INC 63-56-6300 $ 1,142.17 120788 6/13/2022 250 Gallons of Sodium
Hypoclorlte
Del lvered to Well#B
$ 1,142.17 120788 Total
Verizon Wireless 63-56-6420 $ 38.01 120789 6/13/2022 Mobile laptop access 4-19-22 to 5-18-22
Verizon Wireless 10-21-6420 $ 342.09 120789 6/13/2022 Mobile laptop access 4-19-22 to 5-18-22
Verizon Wireless 10-06-6420 $ 38.01 120789 6/13/2022 Mobile laptop access 4-19-22 to 5-18-22
Verizon Wireless 10-22-6615 $ 114.03 120789 6/13/2022 Mobile laptop access 4-19-22 to 5-18-22
$ 532.14 120789 Total
Vollmar Natural Lands Consulting 17-36-7779 $ 3,654.00 120790 6/13/2022 Project J-445 CDFW $ 3,654.00 120790 Total
West Coast Pet Memorial Services 10-21-6208 $ 13.88 120793 6/13/2022 Disposal Clinic $ 13.88 120793 Total
Western Extrication Specialists, Inc 10-22-6200 $ 295.00 120791 6/13/2022 Hydraulic Tool Service $ 295.00 120791 Total
Westside Water Conditioning 60-50-6300 $ 32.50 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22 City Hall
Westside Water Conditioning 10-14-6300 $ 32.50 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22 City Hall
Westside Water Conditioning 63-56-6300 $ 58.50 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22/ Corp Yard
AP Check Register
June 9, 2022 through June 21, 2022
10 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description Westside Water Conditioning 60-50-6300 $ 58.50 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22/ Corp Yard
Westside Water Conditioning 10-22-6200 $ 29.25 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22/ FD
Westside Water Conditioning 10-21-6200 $ 48.75 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22 /PD
Westside Water Conditioning 63-56-6300 $ 32.50 120792 6/13/2022 Bottle Water Delivery 5-10-22 & 5-24-22 City Hall
Westside Water Conditioning 60-50-6300 $ 9.75 120792 6/13/2022 Bottle Water Delivery 5-24-22/ WWTP
$ 302.25 120792 Total
White Brenner, LLP 10-15-6200 $ 5,037.28 120794 6/13/2022 Through Mar 2022 General Municipal
White Brenner, LLP 63-56-6200 $ 3,049.80 120794 6/13/2022 Professional Srvcs Rendered Through Mar 2022 Cal Sport v
De
White Brenner, LLP 10-15-6200 $ 36.00 120794 6/13/2022 Professional Srvcs Rendered Through Mar 2022 Coronavir
White Brenner, LLP 10-15-6200 $ 2,451.80 120794 6/13/2022 Professional Srvcs Rendered Through Mar 2022 Solid Waste
White Brenner, LLP 10-15-6200 $ 288.00 120794 6/13/2022 Professional Srvcs Rendered Through Mar 2022 PD
$ 10,862.88 120794 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 1,810.12 120796 6/13/2022 Helmets, Extrication Suits/ Lagrutta, Bowen, Brooks, Duarte Witmer Public Safety Group, Inc 10-22-6300 $ 46.38 120796 6/13/2022 Helmet Shield/ Bowen $ 1,856.50 120796 Total
YANCEY LUMBER COMPANY 63-56-6300 $ 13.14 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 33.91 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 16.76 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 20.87 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 6.49 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-21-6307 $ 62.56 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 25.68 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 222.26 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light
Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 35.75 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6530 $ 3.54 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 9.98 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 28.89 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 10.67 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 89.09 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-07-6300 $ 10.67 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 28.14 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 29.22 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 17.47 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 10.19 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 62.13 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6530 $ 3.54 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 20.36 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 4.85 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 16.76 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
AP Check Register
June 9, 2022 through June 21, 2022
11 of 11
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 10-22-6300 $ 61.16 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6660 $ 0.63 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 5.91 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 97.08 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 39.77 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 14.54 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 6.30 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 87.39 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 116.50 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-07-6300 $ 25.24 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 12.62 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 17.56 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 6.79 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 23.09 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 55.10 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 19.19 120797 6/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
$ 1,371.79 120797 Total
ZUNIGA ELAINE 63-00-2010 $ 92.73 120784 6/13/2022 Refund Check 008371-000, 1928 S STREET $ 92.73 120784 Total
$ 470,961.68 Grand Total
MINUTES
NEWMAN CITY COUNCIL
SPECIAL MEETING JUNE 20, 2022
CITY COUNCIL CHAMBERS, 12:00 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 12:00 P.M.
2. Pledge Of Allegiance.
3. Invocation – Council Member McDonald.
4. Roll Call - PRESENT: McDonald, Ball, Pimentel, And Mayor Graham.
ABSENT: None.
Request To Add Emergency Item.
Public Works Director Reyes Requested That Item No. 10.c. Be Added To The Agenda. Reyes Explained That The Item Was Brought To Staff’s Attention After The Agenda Was Posted And That It Required Immediate Action. She Noted That The Item Pertained To A Public Notice For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023.
ACTION: On A Motion By Pimentel Seconded By McDonald, The City Council Agreed To Add Item
10.c. As An Emergency Item/ Item Of Immediate Need By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
5. Declaration Of Conflicts Of Interest – None.
6. Ceremonial Matters – None.
7. Items from the Public - Non-Agenda Items – None.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The May 24, 2022 Meeting.
d. Authorize City Manager To Enter Into A Contract With Economic & Planning Systems, Inc. (EPS) To Update The Development Impact Fee Program.
e. Adopt Resolution No. 2022-33, A Resolution Authorizing The City Manager Or Designee To Execute Agreements With The California Department Of Transportation For The City Of Newman “T” Street Corridor Improvement And Multi-Benefit Community Connectivity Plan.
f. Approval Of A Formal Response To Civil Grand Jury Case No. 22-06GJ. g. Adopt Resolution No. 2022-34, A Resolution Approving A Cooperation Agreement Between The County Of Stanislaus And The City Of Newman For Joint Participation In The Community Development Block Grant Program.
h. Adopt Resolution No. 2022-35, A Resolution Approving The Home Investment Partnership Consortium Agreement For Fiscal Year 2022-2023.
i. Adopt Resolution No. 2022-36, A Resolution Approving The Home Investment Partnership Consortium Agreement.
ACTION: On A Motion By McDonald Seconded By Ball, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT:
None; NOT PARTICIPATING: None.
9. Public Hearings – None.
10. Regular Business
a. Report On Newman Fall Festival 2022.
ACTION: On A Motion By Ball Seconded By Pimentel, The City Council Approved The 2022 Fall Festival As Submitted By Staff And Authorized That Any Costs Be Invoiced To The Fall Festival Committee, By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES:
None; ABSENT: None; NOT PARTICIPATING: None.
b. Adopt Resolution No. 2022-37, A Resolution Adopting A List Of Projects Funded By SB 1:
The Road Repair And Accountability Act Of 2017 For Fiscal Year 2022-2023.
Mayor Graham Mentioned That He Was Happy To See That Tulare And Stanislaus Streets Were On The List For Repairs.
ACTION: On A Motion By Pimentel Seconded By McDonald, Resolution No. 2022-37, A Resolution Adopting A List Of Projects Funded By SB 1: The Road Repair And Accountability Act Of 2017 For Fiscal Year 2022-2023, Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None. c. Adopt Resolution No. 2022-38, A Resolution Of The City Council Of The City Of Newman, California, Declaring Its Intention To Levy And Collect Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023.
ACTION: On A Motion By Ball Seconded By McDonald, Resolution No. 2022-38, A Resolution Of The City Council Of The City Of Newman, California, Declaring Its Intention To Levy And Collect Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023 And Rescinding Resolution No. 2022-31, Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
11. Items From District Five Stanislaus County Supervisor.
Supervisor Condit Reported That The Week Of June 29th He Will Be Holding Office Hours At The Family Resource Center Between The Hours Of 4 P.M. And 5 P.M. Condit Noted That He Was Happy To Sponsor The July 9th Community Movie Night. He Thanked Fire Chief Bowen For All Help With The Grayson Community Clean Up Event.
Mayor Graham Thanked Supervisor Condit For His Support Of The New Property Tax Sharing Agreement.
12. Items From The City Manager And Staff.
City Manager Holland Commended Supervisor Condit For All His Efforts Related To The New Property Tax Sharing Agreement. Holland Pointed Out That The Residential Home Projects On Prince Road And “T” Street Were Both Progressing. He Noted That The Upcoming Two-On-Two Had Been Cancelled. Holland Thanked Council For Approving The City’s Formal Response To The Grand Jury And Would Soon Be Sending Said Reponse To The Presiding Judge. He Mentioned That The Last Farmers Market Event Of The Season Would Take Place On The Upcoming Friday. Holland Reported That The RRM Design Group Had Solicited Input From The Public Regarding The Veterans Memorial At The Previous Farmers Market Event. He Concluded By Noting That This Year’s First Summer Movie Night Would Take Place On Saturday, June 25th At Sherman Park.
Council Member McDonald Asked If The City Has Had Any Communication With The Mosquito Abatement District Regarding Upcoming Spraying.
City Manager Holland Stated That He Had Not Received Any Updated Information And Noted That He Would Check With Mosquito Abatement District General Manager, David Heft And Report Back To The City Council.
Public Works Director Reyes Reported That The City Held Their First Workshop Regarding The Last Phase Of The Plaza That Included The Veterans Memorial. Reyes Pointed Out That The City Was Asking For Community Input Concerning Design And Location.
Mayor Graham Asked If The Veterans Of Foreign Wars (VFW) Would Be Notified Of Said Meetings.
Public Works Director Reyes Replied Yes, Both VFW And The American Legion Would Be Included In The Upcoming Meetings.
Public Works Director Reyes Briefly Reviewed Upcoming Public Works Projects.
Mayor Graham Asked For A Timeline Update On The Canal School Road / Inyo Avenue Project.
Public Works Director Reyes Stated That The Initial Utility Project For Said Area Would Commence In July. Reyes Explained That The Road Projects Would Likely Be Bid In The Fall. She Stated That Weather Permitting, The Road Project Should Be Completed By Next Summer. Reyes Concluded With Stating That The NEWS And Wetlands Projects Would Both Be Going Out To Bid Soon.
13. Items From City Council Members.
Council Member McDonald Thanked Public Works Director Reyes For Including The Veterans In The Plaza Project.
14. Adjournment.
ACTION: On A Motion By Ball Seconded By McDonald And Unanimously Carried, The Meeting Was Adjourned At 12:24 P.M.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.
City Council Meeting
of June 28, 2022
AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH GEORGE OSNER, AICP, FOR CONTRACT PLANNING SERVICES.
RECOMMENDATION:
Staff recommends the Council authorize the City Manager to enter into a contract with George Osner, AICP for contract Planning Services.
BACKGROUND:
Over the past few months, the City has had discussions with a local property owners' group regarding an annexation proposal. The proposal includes development of both business park, and residential properties. During discussions with the property owners' group, staff indicated that additional staffing would be necessary to move the proposal forward in a timely measure.
ANALYSIS:
George Osner is a well-respected member of the planning community and served as Modesto's Planning Manager for five (5) years; before retiring in 2005 after nearly 30 years of experience with Modesto. George currently provides on-call and project management services to the Cities throughout the area. The City previously contracted with George during the processing of the Northwest Newman project.
Based upon the current workload of the City Manager and the inexperience of planning staff with respect to largescale, multi-jurisdictional projects, staff notified the applicant that an outside Planner would be necessary to move the project forward. The applicant has accepted this requirement and agreed to pay 100% of the cost of the planner.
However, the planner will work for and directly report to the City. It should be anticipated that the contract will remain in place for the entire project, which should be estimated at approximately 12-18 months FISCAL IMPACT:
None. The project applicant has agreed to pay 100% of the cost of the contract planner; plus an administration fee.
CONCLUSION:
With the anticipated submittal of a large-scale annexation request, staff requests the Council consider a contract with George Osner for planning services. George is a local planner with over thirty (30) years of planning experience in Stanislaus County. He would serve alongside our existing planner on the project and coordinate a multi-agency review and development of the environmental review process. All costs related to processing this application will be borne by the applicant. Staff recommends the Council authorize the City Manager to enter into a contract with George Osner, AICP, for contract planning services.
ATTACHMENTS:
1. Copy of the contract with George Osner, AICP for contract Planning Service Respectfully Submitted,
--=-fil?) y .1eQ C)
Michael E. Holland
City Manager
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CONSULTANT AGREE:MENT
CITY OF NEWMAN
AND
GEORGE OSNER, AICP
5 This Agreement is made and entered into this 1st day of July, 2022, 6 by and between CITY OF NEWMAN (CITY) and GEORGE OSNER, AICP (CONSULTANT) 7 regarding the work described herein.
8 WITNESETH:
9 CITY desires to retain the services of CONSULTANT regarding 10 contract planning services for the Agriana Master Plan. 11 CONSULTANT desires to perform the services requested by CITY 12 regarding the PROJECT on a time and materials basis. 13 As part of these services, Consultant shall (a) attend conferences, 14 meetings, and hearings reasonably requested by City and assist and 15 advise City in connection with all matters and questions pertaining to 16 the Services; (b) assist City in making decisions regarding 17 applications, petitions, or requests and provide all information 18 required in connection therewith for approvals, permission, licenses, or 19 permits; (c) coordinate with City and associated representatives. 20 CONSULTANT shall provide all labor, equipment, material and 21 supplies required or n~cessary to properly, competently and completely 22 perform the work or render the services under this Agreement. 23 CONSULTANT shall determine the method, details and means of doing the 24 work or rendering the services.
25 All plans, surveys, reports, drawings, calculations, specifications 26 and other documents prepared by Consultant pursuant to this agreement 27 shall be the property of City. The parties acknowledge and agree that 28 1 the documents produced pursuant to this agreement are produced for hire. 2 3 1.
4 Compensation
Compensation shall be on a TIME AND MATERIALS basis relating to the 5 6
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9 Agriana Master Plan. The rate shall be $180 per hour.
2. Term and Time For Completion
This Agreement shall become effective on the date first hereinabove written and will continue in effect until the services provided herein have been completed, unless sooner terminated as provided in Paragraph 8 10 3. Payment For Services
11 CONSULTANT shall submit to CITY monthly itemized bills for the 12 services rendered. If the work is satisfactorily completed, CITY shall 13 pay such bill within thirty ( 30) days of · its receipt. Should CITY 14 dispute any portion of any bill, CITY shall pay the undisputed portion 15 within the time stated above, and at same time advise CONSULTANT in 16 writing of the disputed portion.
17 4. Compliance With Laws
18 CONSULTANT agrees that it shall conduct its work and perform its 19 services in compliance with all laws and regulations of STANISLAUS 20 County, California, and any officer~ department or agency thereof, as 21 well as other laws and regulations as may be applicable thereto, 22 including obtaining a business license in the CITY.
23 5.
24 Errors and Omissions Insurance
CONSULTANT shall have such errors and omissions insurance as shall 25 protect CITY, it's officers, directors, employees and agents from claims 26 based on alleged errors or negligent acts or omissions which may arise 27 from CONSULTANT's operations or performance under this Agreement, 28 1 whether claims be made during or subsequent to the term of this 2 Agreement, and whether such operations or performance be by CONSULTANT 3 or its employees, consultants, agents or anyone else directly or 4 indirectly employed by any of the foregoing. The amount of this 5 insurance shall not be less than $1,000,000.
6 Said policy shall be continued in full force and effect during the 7 term of this Agreement and for a period of five (5) years following the 8 completion of the services provided for in this Agreement. In the event 9 of termination of said policy, new coverage shall be obtained for the 10 required period to insure for the prior acts of CONSULTANT during the 11 course of performing services under the terms of this Agreement. 12 CONSULTANT shall provide to CITY a certificate of insurance on a 13 form acceptable to CITY indicating the deductible or self-retention 14 amounts and the expiration date of said policy, and shall provide 15 renewal certificates within ten ( 10) days after expiration of each 16 policy term.
17 6. General Insurance
18 CONSULTANT shall, at its expense, maintain in effect at all times 19 during the duration of this Agreement not less than the following 20 coverage and limits of insurances:
21 A. Workers Compensation Should CONSULTANT hire any part-time or 22 full-time staff, CONSULTANT shall carry such insurance as will 23 24
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protect CITY and CONSULTANT from claims under Worker=s
Compensation and Employers= Liability Acts; such insurance to be maintained as to the type and amount in strict compliance with State statutes. This insurance shall also waive all -3-
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B.
c.
D.
right to subrogation against CITY, its employees, directors, officers and agents.
General Liability. CONSULTANT shall obtain and keep in full force and effect general liability insurance including
provisions
independent
coverages.
for contractual
consultants and
l~ability,
broad form
personal
property
injury,
damage
This insurance shall be on a comprehensive
occurrence basis form with a stand cross liability clause or endorsement. The limit for this insurance shall be no less than $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 project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability. CONSULTANT shall maintain automobile liability insurance with coverage for vehicles leased, rented or borrowed. This insurance shall have a standard cross liability clause or endorsement. The limit amount for this insurance shall be no less than $1, 000, 000 per occurrence combined single limit for bodily injury and property damage.
Certificates of Insurance. Promptly upon execution of this Agreement and prior to commencement of any work, CONSULTANT shall provide CITY with certificates of insurance evidencing that all insurance and/or endorsements required by this Agreement have been obtained and are in full force and effect. -4-
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Approval of the insurance by CITY shall not relieve or
decrease any liability of CONSULTANT. The certificates and policies shall provide that thirty (30) days= written notice of any material change, reduction in coverage or cancellation of the insurance policies will be provided to CITY. In
addition, in the event any change is made in the insurance carrier, policies or nature of coverage required under this Agreement, CONSULTANT shall notify CITY prior to making such changes.
Such insurance shall include a provision for endorsement naming CITY, its officers, directors, employees and agents as additional insured=s with respect to liability arising out of the performance of any work under this Agreement, and
providing that such insurance is primary insurance with respect to the interest of CITY and that any other insurance maintained by CITY is excess and not contributing insurance with the insurance required hereunder.
Indemnification and Hold Harmless
CONSULTANT shall protect, indemnify, hold harmless and defend CITY, 20 its directors, officers, employees and agents, from any and all claims, 21 fines, demands, costs, expenses (including but not limited to attorney=s 22 fees and costs of litigation or arbitration), liability, losses, 23 penalties, causes of action, awards, suits or judgments for damages of 24 any nature whatsoever (hereinafter collectively referred to as AClaims@) 25 to the extent arising out of the breach of this Agreement in whole or in 26 part by, or willful or fraudulent misconduct or negligent acts, errors 27 28 -5-
1 or omissions by CONSULTANT, its employees, agents or consultants, or the 2 agent, employee or consultant of any one of them in the performance of 3 their duties or in their operations under this Agreement, but not 4 including the sole or active negligence or the willful misconduct of 5 CITY.
6 Neither termination of this Agreement nor completion of the acts to 7 be performed / under this Agreement shall release CONSULTANT from its 8 obligations to indemnify as to any claims so long as the event upon 9 which such Claims is predicated shall have occurred prior to the 10 effective date of any such termination or completion and arose out of or 11 was in any way connected with performance or operations under this 12 Agreement by CONSULTANT, its employees, agents pr consultants, or the 13 employee, agent or consultant of any one of them.
14 Submission of insurance certificates or other proof of compliance 15 with the insurance requirements in this Agreement does not relieve 16 CONSULTANT from liability under this indemnification and hold harmless 17 clause. The obligation of this indemnity article shall apply whether or 18 not such insurance policies shall have been determined to be applicable 19 to any of such damages or claims for damages.
20 8. Termination
21 This Agreement may be .terminated at any time and for any reason by 22 CITY upon five (5) days= advance written notice. In the event of such 23 termination, CONSULTANT is to be fairly compensated for all work 24 performed to the date of termination as calculated by CITY based on 25 Paragraph 2 hereof, provided that such compensation shall not in any 26 case exceed the maximum sum set forth in Paragraph 2 hereof. 27 28 -6-
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Compensation under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of the bargain.
9. Attorney's Fees,
In the event that any arbitration, litigation or other action or proceeding of any nature between CITY and CONSULTANT becomes necessary to enforce or interpret all or any portion of this Agreement or because of an alleged breach by either party of any of the terms hereof, it is mutually agreed that the losing or defaulting party shall pay the prevailing party=s reasonable attorney=s fees, costs and expenses incurred in connection with the prosecution or defense of such action or proceeding.
13 10. Entire Agreement
14 This writing constitutes the entire Agreement between the parties 15 relative to the services specified herein, and no modifications hereof 16 shall be effective unless and until such modification is evidenced by a 17 writing signed by both parties to this Agreement. There are no 18 understandings, agreements, conditions, representations, warranties or 19 promises with respect to the subject matter of this Agreement except 20 those contained in or referred to in this writing.
21 11.
22 Independent CONSULTANT
It is expressly understood and agreed by the parties hereto that 23 CONSULTANT's relationship to CITY is that of an independent consultant. 24 All persons hired by CONSULTANT and performing the work shall be 25 consultant=s employees or agents. CITY shall not be obligated in any way 26 to pay any wages or other claims by any such employees or agents or any 27 28 -7-
1 other person by reason of this Agreement. CONSULTANT shall be solely 2 liable to such employees and agents for losses, costs, damage of 3 injuries by said employees ·or agents during the course of the work. 4 12. Successors and Assignment
5 This Agreement shall be binding on the heirs, successors, 6 executors, administrators and · assigns of the parties; however, 7 CONSULTANT agrees that it will not assign, transfer, convey or otherwise 8 dispose of this Agreement or any part thereof, or its rights, title or 9 interest therein, or its power to execute the same without the prior 10 written consent of CITY.
11 13. Severability
12 If any provision of this Agreement is held to be unenforceable, the 13 remainder of this Agreement shall be severable and not affected thereby. 14 14. Waiver of Rights
15 Any waiver at any time by either party hereto of its rights with 16 respect to a breach or default, or any other matter arising in 17 connection with this Agreement, shall not be deemed to be a waiver with 18 respect to any other breach, default or matter.
19 15. Remedies Not Exclusive
20 The use by either party of any remedy specified herein for the 21 enforcement of this Agreement is not exclusive and shall not deprive the 22 party using such remedy of, or limit the application of any remedy 23 provided by law .
24 16. Notices
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All notices, statements, reports, approvals or requests or other communications that are required either expressly or by implication to -8-
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1 be given by either party to the other under this Agreement shall be in 2 writing and signed for each party by such officers as each may, from 3 time to time, authorize in writing to so act. All such notices shall be 4 deemed to have been received on the date of deli very if delivered 5 personally or three (3) days after mailing if enclosed in a properly 6 addressed and stamped envelope and deposited in the U.S. post office for 7 delivery. Unless and until formally notified otherwise, all notices 8 9
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shall be addressed to the parties at their addresses shown below:.
CITY OF NEWMAN
938 Fresno Street/P.O. Box 787
Newman, California 95360
CONSULTANT
George Osner, AICP
203 Scenic Ave
San Anselmo, CA 949600
14 17. Sub-Consultants
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No subcontract shall be awarded or an outside consultant engaged by CONSULTANT unless prior written approval is obtained from CITY.
IN WITNESS WHEREOF the parties execute this Agreement on the day and year first hereinabove written.
19 CITY OF NEWMAN CONSULTANT
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28 By:
Name: Michael E. Holland
Title: City Manager
ATTEST:
City Clerk
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By:~~~~~~~~~~~~~
Name: George Osner, AICP
Title: Planning Consultant
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.
City Council Meeting
of June 28, 2022
RESOLUTION APPROVING THE CALCULATION OF THE MAXIMUM GARBAGE COLLECTION
RA TES PER PRIOR CONTRACTUAL AGREEMENT
RECOMMENDATION:
It is recommended that Council approve Resolution No. 2022 - approving the calculation of the maximum garbage collection rates per prior contractual agreement.
BACKGROUND:
The City contracted in April of 2010 with Bertolotti Disposal Incorporated to provide solid waste collection and curbside recycling services to Newman residents and businesses. According to the agreement, the City does not set the rates for collection services, but only calculates the maximum rate that Bertolotti can charge our residents and businesses for their services. This maximum rate recalculates every 2 years. The agreement also allows Bertolotti to contract with the City to include Bertolotti's customer charges on our monthly utility bills; which they do. The City is paid a percentage of the amount billed each month for billing Bertolotti's customers for them.
ANALYSIS:
The agreement with Bertolotti automatically adjusts the maximum rates every other year. The formula is as follows:
80% of the current rate is adjusted by the 12-month average of the Consumer Price· Index (CPI), and 20% of the current rate is adjusted by the Stanislaus County Waste to Energy and Fink Road Landfill Tipping Fees.
Since 2020 the change in the average CPI was an increase of 5.98%. The Fink Road Landfill tipping fees increased by
4.42% (average between SCWEFT & SCFRL T). When calculating the new maximum rate for a standard 90 Gallon Trash Can Bertolotti's billing rate will increase by $1.30 per month. This rate change takes place on July 1, 2022.
FISCAL IMPACT:
This increase will have a positive impact upon the City's General Fund.
CONCLUSION:
Staff recommends the approval of Resolution No. 2022- , approving the calculation of the maximum garbage collection rates per prior contractual agreement.
ATTACHMENTS:
1. Resolution No. 2022- , Approving the Calculation of the Maximum Garbage Collection Rates
2. Spreadsheet- Calculation of Refuse Fee Change
3. Spreadsheet - U.S. Department of Labor Consumer Price Index Historical Rates Respectfully submitted:
~2~-c Lewis Humphries
Finance Director
REVIEWED/CONCUR:
City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN APPROVING THE
CALCULATION OF THE MAXIMUM GARBAGE COLLECTION RATES PER PRIOR
CONTRACTUAL AGREEMENT
WHEREAS, the City of Newman renewed a contract with Bertolotti Disposal, Inc., for collection of garbage and refuse on April 1, 201 O; and
WHEREAS, the contract with Bertolotti expires on April 1, 2022; but will automatically renew for 2 additional years unless Bertolotti is given notice of our intent to cancel prior to April 1, 2022; and WHEREAS, according to said contract, Bertolotti sets the rates for refuse collection services and contracts with the City of Newman to collect Bertolotti's fees for refuse services; and WHEREAS, our City Ordinance 8.01.100 B states, "The City shall not engage in rate making with respect to charges for solid waste collection service except to set maximum rates"; and WHEREAS, the maximum rate that Bertolotti can charge the residents of our City for the collection of garbage and refuse is set by formula in the contract, with the actual rate set by Bertolotti, which can be lower than the calculated rate; and
WHEREAS, the City Council has reviewed the calculation of the maximum rates Bertolotti can charge effective July 1, 2022;
NOW, THEREFORE, BE IT RESOLVED that the City of Newman approves the calculations of the maximum rates for refuse services found in Exhibit A, which become effective on of July 1, 2022.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 28th day of June, 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:
ATTEST:
Mike Maier,
City Clerk of the City ofNewman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California
Calculation of Maximum Refuse Fee Change
Change Dates: July 1 of Every Even Numbered Year
80% of the rates and charges may be adjusted by any increase or decrease of the 12 month average of Consumer Price Index for the previous 24 months 20% of the rates and charges may be adjusted by any increase or decrease in the Stanislaus County Waste to Energy Facility Tipping Fee and the Stanislaus County Fink Road Landfill Tipping Fee.
Oum~ Ratio
CPI See CPI History 5.98%
SCWEFT Was $39.00 and is increasing to $41.00 5.13%
SCFRLT Was $27.00 and is increasing to $28.00 3.70%
Average Average Proposed
Current CPI Adjusted Tipping Adjusted New Total Rate
Service Code Descri tion Rate 80% Rate 80% 20% Rate 20% Rate Increase 1 90 GAL CAN $ 23.04 $ 18.43 5.98% $ 19.53 $ 4.61 4.42% $ 4.81 $ 24.34 $ 1.30 2 1 60 GAL CAN $ 15.74 $ 12.59 5.98% $ 13.34 $ 3.15 4.42% $ 3.29 $ 16.63 $ 0.89 4 60 GAL WALK-IN DISABLED $ 15.74 $ 12.59 5.98% $ 13.34 $ 3.15 4.42% $ 3.29 $ 16.63 $ 0.89 5 90 GAL WALK-IN DISABLED $ 23.04 $ 18.43 5.98% $ 19.53 $ 4.61 4.42% $ 4.81 $ 24.34 $ 1.30 6 2 60 GAL CANS $ 31.46 $ 25.17 5.98% $ 26.68 $ 6.29 4.42% $ 6.57 $ 33.25 $ 1.79 7 2 90 GAL CANS $ 46.09 $ 36.87 5.98% $ 39.07 $ 9.22 4.42% $ 9.63 $ 48.70 $ 2.61 9 (3) 90 GAL CANS $ 69.14 $ 55.31 5.98% $ 58.62 $ 13.83 4.42% $ 14.44 $ 73.06 $ 3.92 10 (3) 60 GAL CANS $ 47.22 $ 37.78 5.98% $ 40.04 $ 9.44 4.42% $ 9.86 $ 49.90 $ 2.68 11 (16) 90 GAL CANS $ 368.76 $ 295.01 5.98% $ 312.65 $ 73.75 4.42% $ 77.01 $ 389.66 $ 20.90 12 (4) 90 GAL CANS $ 92.19 $ 73.75 5.98% $ 78.16 $ 18.44 4.42% $ 19.25 $ 97.41 $ 5.22 15 1 CU YD BIN $ 52.79 $ 42.23 5.98% $ 44.76 $ 10.56 4.42% $ 11 .03 $ 55.79 $ 3.00 16 2 CU YD BIN $ 85.48 $ 68.38 5.98% $ 72.47 $ 17.10 4.42% $ 17.85 $ 90.32 $ 4.84 17 3 CU YD BIN $ 118.00 $ 94.40 5.98% $ 100.05 $ 23.60 4.42% $ 24.64 $ 124.69 $ 6.69 18 4 CU YD BIN $ 151.07 $ 120.86 5.98% $ 128.09 $ 30.21 4.42% $ 31 .54 $ 159.63 $ 8.56 19 (2) 3 YARD&(1) 4 YARD x1 WEEK $ 387.08 $ 309.66 5.98% $ 328.18 $ 77.42 4.42% $ 80.84 $ 409.02 $ 21 .94 20 1 CUBIC YARD BIN - 2 X WEEK $ 89.66 $ 71.73 5.98% $ 76.02 $ 17.93 4.42% $ 18.72 $ 94.74 $ 5.08 21 2 CU YD BIN/2 X WK $ 159.27 $ 127.42 5.98% $ 135.04 $ 31 .85 4.42% $ 33.26 $ 168.30 $ 9.03 22 3 CU YD BIN/2 X WK $ 228.60 $ 182.88 5.98% $ 193.82 $ 45.72 4.42% $ 47.74 $ 241.56 $ 12.96 23 4 CU YD BIN/2 X WK $ 298.55 $ 238.84 5.98% $ 253.12 $ 59.71 4.42% $ 62.35 $ 315.47 $ 16.92 24 1/2 OF 1 YARD BIN X1 $ 26.40 $ 21.12 5.98% $ 22.38 $ 5.28 4.42% $ 5.51 $ 27.89 $ 1.49 26 1/6 OF 2 YD BIN $ 14.25 $ 11.40 5.98% $ 12.08 $ 2.85 4.42% $ 2.98 $ 15.06 $ 0.81 28 1/2 OF 2 YD BIN $ 42.74 $ 34.19 5.98% $ 36.23 $ 8.55 4.42% $ 8.93 $ 45.16 $ 2.42 29 1/2 2YD BIN X 2WK $ 79.62 $ 63.70 5.98% $ 67.51 $ 15.92 4.42% $ 16.62 $ 84.13 $ 4.51 30 (1) 3 CU YD BIN & (1) 60 GAL $ 133.74 $ 106.99 5.98% $ 113.39 $ 26.75 4.42% $ 27.93 $ 141 .32 $ 7.58 31 1/2 of 4 YD BIN $ 75.54 $ 60.43 5.98% $ 64.04 $ 15.11 4.42% $ 15.78 $ 79.82 $ 4.28 40 [1]4YD&[1]2YD $ 235.78 $ 188.62 5.98% $ 199.90 $ 47.16 4.42% $ 49.24 $ 249.14 $ 13.36 42 (2) 90GAL (1) 60GAL $ 61 .83 $ 49.46 5.98% $ 52.42 $ 12.37 4.42% $ 12.92 $ 65.34 $ 3.51 43 (1) 60GAL (1) 90GAL $ 38.77 $ 31 .02 5.98% $ 32.87 $ 7.75 4.42% $ 8.09 $ 40.96 $ 2.19 44 (2) 60 GAL (1) 90 GAL $ 54.52 $ 43.62 5.98% $ 46.23 $ 10.90 4.42% $ 11 .38 $ 57.61 $ 3.09 49 (1) 4 YARD & (2) 3 YARD X2 $ 755.72 $ 604.58 5.98% $ 640.73 $151 .14 4.42% $157.81 $ 798.54 $ 42.82 50 [2] 2 YARD BINS $ 170.93 $ 136.74 5.98% $ 144.92 $ 34.19 4.42% $ 35.70 $ 180.62 $ 9.69 51 (2) 2 CU YD BIN 2X WEEK $ 318.50 $ 254.80 5.98% $ 270.04 $ 63.70 4.42% $ 66.51 $ 336.55 $ 18.05 60 [2] 3 YARD BINS - 2 X WEEK $ 457.16 $ 365.73 5.98% $ 387.60 $ 91 .43 4.42% $ 95.47 $ 483.07 $ 25.91 61 [2] 3 YARD BINS $ 236.03 $ 188.82 5.98% $ 200.11 $ 47.21 4.42% $ 49.29 $ 249.40 $ 13.37 62 [2] 3 YDS & [1] 2 YDS - 2 X WEEK $ 616.43 $ 493.14 5.98% $ 522.63 $123.29 4.42% $128.73 $ 651 .36 $ 34.93 63 (2) 4YD BINS - 2 X WEEK $ 597.11 $ 477.69 5.98% $ 506.26 $119.42 4.42% $124.69 $ 630.95 $ 33.84 64 [2] 4 YDS & [1] 2 YD - 2X WEEK $ 756.38 $ 605.10 5.98% $ 641.28 $151 .28 4.42% $157.96 $ 799.24 $ 42.86 65 [2] 3 YDS & [2] 4 YDS - 2 X WEEK $ 1,054.30 $ 843.44 5.98% $ 893.88 $210.86 4.42% $220.17 $1 ,114.05 $ 59.75 66 (4)4YD BINS X2WK $ 1,194.24 $ 955.39 5.98% $1 ,012.52 $238.85 4.42% $249.40 $ 1,261 .92 $ 67.68 67 (4)3YD BINS X2WK $ 914.35 $ 731 .48 5.98% $ 775.22 $182.87 4.42% $190.94 $ 966.16 $ 51 .81 68 (4) 3 CU YD BINS - 1 X WEEK $ 457.17 $ 365.74 5.98% $ 387.61 $ 91.43 4.42% $ 95.47 $ 483.08 $ 25.91 69 6 YARD BIN - 2 X WEEK $ 442.27 $ 353.82 5.98% $ 374.98 $ 88.45 4.42% $ 92.36 $ 467.34 $ 25.07 70 6 CU YD BIN X 1 $ 233.44 $ 186.75 5.98% $ 197.92 $ 46.69 4.42% $ 48.75 $ 246.67 $ 13.23 74 [2] 6 CU YDX2 $ 884.52 $ 707.62 5.98% $ 749.94 $176.90 4.42% $184.71 $ 934.65 $ 50.13 75 [2] 4 CU YDX 1 $ 302.13 $ 241.70 5.98% $ 256.15 $ 60.43 4.42% $ 63.10 $ 319.25 $ 17.12 76 [1] 4 YD & [1] 3 YD - 2 X WEEK $ 527.14 $ 421 .71 5.98% $ 446.93 $105.43 4.42% $110.08 $ 557.01 $ 29.87 77 [1] 6 YD & [1] 4 YD - 2 X WEEK $ 740.81 $ 592.65 5.98% $ 628.09 $148.16 4.42% $154.70 $ 782.79 $ 41.98 78 4YD/ 2X WK-SENIOR $ 268.70 $ 214.96 5.98% $ 227.81 $ 53.74 4.42% $ 56.11 $ 283.92 $ 15.22 79 [3] 4 YARD BINS- 2 X WEEK $ 895.67 $ 716.54 5.98% $ 759.39 $179.13 4.42% $187.04 $ 946.43 $ 50.76 80 [1] 6 YD & [1] 4 YD BIN $ 384.51 $ 307.61 5.98% $ 326.01 $ 76.90 4.42% $ 80.30 $ 406.31 $ 21 .80 81 [2] 4 YD & [2] 2 YD - 2 X WEEK $ 915.64 $ 732.51 5.98% $ 776.31 $183.13 4.42% $191 .22 $ 967.53 $ 51 .89 82 (3)4YD & (1)2YD X2WK $ 1,054.93 $ 843.94 5.98% $ 894.41 $210.99 4.42% $220.31 $1,114.72 $ 59.79 83 (2)2YD & (2)4 YD X2WK $ 915.64 $ 732.51 5.98% $ 776.31 $183.13 4.42% $191 .22 $ 967.53 $ 51.89 84 (3)4YD & (1)2YD X2WK $ 1,054.93 $ 843.94 5.98% $ 894.41 $210.99 4.42% $ 220.31 $1,114.72 $ 59.79 85 1 4 YD & 1 /2 4 YD X 1 $ 226.61 $ 181.29 5.98% $ 192.13 $ 45.32 4.42% $ 47.32 $ 239.45 $ 12.84 86 (2) 2 YRD & (1) 4 YRD - X 2 WEEK $ 617.07 $ 493.66 5.98% $ 523.18 $123.41 4.42% $128.86 $ 652.04 $ 34.97 87 (5) 4 YRD BINS - 2 X WEEK $ 1,492.79 $1,194.23 5.98% $1,265.64 $298.56 4.42% $311.74 $ 1,577.38 $ 84.59 GBGOO NON-USER $ $ 5.98% $ $ 4.42% $ $ $
U.S. Department Of Labor
Bureau of Labor Statistics
Washington, D.C. 20212
Consumer Price Index
All Urban Consumers - (CPl-U)
U.S. city average
All items
1982-84=100
Percent Change
Annual Dec to Avg to
Year Jan. Feb. Mar. Apr. ~ June 4.Y!:t Aug. Sep. Oct. Nov. Dec. Avg. Dec Mg 2006 198.300 198.700 199.800 201 .500 202.500 202.900 203.500 203.900 202.900 201 .800 201 .500 201.800 201 .600 2.5% 3.5% 2007 202.416 203.499 205.352 206.686 207.949 208.352 208.299 207.917 208.490 208.936 210.177 210.036 207.342 4.1% 2.8% 2008 211 .080 211 .693 213.528 214.823 216.632 218.815 219.964 219.086 218.783 216.573 212.425 210.228 215.303 0.1% 3.8% ?009 211 .143 212.193 212.709 213.240 213.856 215.693 215.351 215.834 215.969 216.177 216.330 215.949 214.537 2.7% -0.4% 2010 216.687 216.741 217.631 218.009 218.178 217.965 218.011 218.312 218.439 218.711 218.803 219.179 218.056 1.5% 1.6% 2011 220.223 221.309 223.467 224.906 225.964 225.722 225.922 226.545 226.889 226.421 226.230 225.672 224.939 3.0% 3.2% 2012 226.665 227.663 229.392 230.085 229.815 229.478 229.104 230.379 231.407 231.317 230.221 229.601 229.594 1.7% 2.1% 2013 230.280 232.166 232.773 232.531 232.945 233.504 233.596 233.877 234.149 233.546 233.069 233.049 232.957 1.5% 1.5% 2014 233.916 234.781 236.293 237.072 237.900 238.343 238.250 237.852 238.031 237.433 236.151 234.812 236.736 0.8% 1.6% 2015 233.707 234.722 236.119 236.599 237.805 238.638 238.654 238.316 237.945 237.838 237.336 236.525 237.017 0.7% 0.1% 2016 236.916 237.111 238.132 239.261 240.229 241 .018 240.628 240.849 241.428 241 .729 241.353 241.432 240.007 2.1% 1.3% 2017 242.839 243.603 243.801 244.524 244.733 244.955 244.786 245.519 246.819 246.663 246.669 246.524 245.120 2.1% 2.1% 2018 247.867 248.991 249.554 250.546 251.588 251 .989 252.006 252.146 252.439 252.885 252.038 251.233 251 .107 1.9% 2.4% 2019 251 .712 252.776 254.202 255.548 256.092 256.143 256.571 256.558 256.759 257.346 257.208 256.974 255.657 2.3% 1.8% 2020 257.971 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.280 260.388 260.229 260.474 258.811 1.4% 1.2% 2021 261 .582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.310 276.589 277.948 278.802 270.970 7.0% 4.7% 2022 281 .148 283.716 287.504 289.109 292.296
Twelve Month Average for the previous 24 months
3.9% 4.1% 4.2% 4.5% 5.1% 6.1% 6.4% 6.6% 6.8% 7.5% 8.1% 8.5% Average of the Average 12 month Change 5.98%
Highest Increase/Decrease in 12 month 8.49%
Lowest Increase/Decrease in 12 months 3.92%
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.b.
City Council Meeting
of June 28, 2022
APPROVE A MASTER PROPERTY TAX REVENUE AGREEMENT WITH STANISLAUS COUNTY RECOMMENDATION:
Adopt Resolution No. 2022- , A Resolution Authorizing the Execution of a Master Property Tax Revenue Agreement Between the City of Newman and the County of Stanislaus.
BACKGROUND:
In 1978, property tax reform was enacted through the passage of Proposition 13. The California Legislature followed up Proposition 13 with the passage of AB 8 in 1979. Together they established significant changes in how property tax rates are set and revenues distributed to cities, counties, special districts, schools, and community colleges. The County's Auditor-Controller is responsible for allocating the property tax revenue to these entities.
AB 8 established an unequal allocation of property tax between counties and cities in the State of California. As a result, Stanislaus County receives approximately 12% of the total property tax allocation while the Cities receive approximately 5. 7%. This is net result of a revenue shift sent to Educational Revenue Augmentation Fund (ERAF).
ERAF is redirected property tax from cities, counties, and special districts to schools and colleges. These redirected funds are deposited in a countywide account and allocated to schools and colleges to offset the funding these entities would otherwise receive from the State General Fund.
In 1996, the City of Newman and Stanislaus County entered into a Master Property Tax Agreement ("1996 Agreement"). In 2006, an amendment was adopted to clarify technical issues and the intent of the agreement.
Under the 1996 Agreement, the County retains 100% of the base funding (amount of tax revenue at the time the annexation is approved) and the increase in tax revenue is split 70% to the County and 30% to the City.
ANALYSIS:
A small group of City Managers has worked with the County Chief Executive Officer to review the existing agreement and evaluate different concepts for an updated property tax sharing agreement. Through this work, a proposed Master Property Tax Agreement has been developed that is acceptable to the County and a vast majority of cities. The essential components of the agreement are as follows:
• The agreement is effective with the 2022 Assessment Roll (property values as of January 1, 2022, delivered by the Assessor to the Auditor-Controller by July 1, 2022). • The agreement applies to properties annexed into the City following the effective date of the 1996 Agreement and future annexations. A map will be attached to identify these properties. • The County will continue to retain the base property tax revenue. • The growth in property tax revenue will be shared equally between the City and County; 50% City and 50% County.
• Consistent with the prior agreement, the County's Increment Property Tax Revenue sharing is calculated prior to any property tax revenue shift to ERAF.
• Any party may terniinate the agreement by formal action upon no less than sixty (60) day notice and termination will be effective on the first day of July following said action.
FISCAL IMPACT:
Positive. The exact impact is difficult to project as the City has a number of different Tax Rate Areas. On a Countywide basis, cities would receive approximately $1,3 88 per $1,000,000 of valuation under the new agreement; whereby we received $953 per $1,000,000 valuation under the old agreement. The true benefit will be -after the City's next period of development as those property tax revenues are realized.
Agenda Item: 10.b.
CONCLUSION:
A small group of City Managers has worked with the Stanislaus County CEO over that past several months to modify the existing property tax revenue sharing agreement. The proposed agreement will replace the previous agreement that was approved in 1996 and includes all lands annexed to the City since its effective date. While the City will not immediately realize a significant increase in property tax revenues, the new agreement will have a substantial fiscal impact as the community continues to develop over time. Therefore, staff recommends the Council Adopt Resolution No. 2022 - A Resolution Authorizing the Execution of a Master Property Tax Revenue Agreemen(Between the City of Newman and the County of Stanislaus.
ATTACHMENTS:
1. Resolution No. 2022- ,
2. Master Property Tax Revenue Agreement
Respectfully submitted,
Michael -~ lliand
City Manager
RESOLUTION NO. 2022 -
A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER PROPERTY TAX
REVENUE AGREEMENT BETWEEN THE CITY OF NEWMAN AND
THE COUNTY OF STANISLAUS
WHEREAS, Sectio_n 99 of the Revenue and Taxation Code authorizes local agencies to enter into master property tax sharing agreements to provide adjustments to the allocation of property taxes upon annexation, and
WHERAS, the City Council on April 23, 1996 adopted Resolution No. 96-20 executing a master property tax sharing agreement with Stanislaus County pursuant to Section 99 of the Revenue and Taxation Code; and
WHEREAS, in 2006, the parties entered in Amendment No. I of the 1996 Agreement to clarify technical issues and the intent of that agreement, and
WHEREAS, the City of Newman and Stanislaus County have worked together to develop a revised approach to property tax sharing, improving locally available revenues; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofNewman hereby authorizes the City Manager to sign the Master Property Tax Revenue Agreement between the County of Stanislaus and the City of Newman, which is attached to this resolution as Exhibit "A".
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 28th day of June, 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 ofNewman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
MASTER PROPERTY TAX REVENUE AGREEMENT
BETWEEN THE COUNTY OF STANISLAUS AND THE CITY OF NEWMAN This MASTER PROPERTY TAX REVENUE AGREEMENT ("Agreement") is made and executed on this _ day of , 2022 ("Effective Date"), by and between the County of Stanislaus, a political subdivision of the State of California ("County"), and the City ofNewman, a municipal corporation of the State of California (the "City"). County and City may each be referred to as a "Party" or collectively as the "Parties".
RECITALS
A. Section 99 of the California Revenue and Taxation Code authorizes local agencies, such as City and County, to enter into master property tax sharing agreements to provide adjustments to the allocation of property taxes upon annexation.
B. It is the purpose of this Agreement to adjust the allocation of property tax revenue between City and County and address the requirements under Revenue and Taxation Code Section 99 and adjustment of the appropriation limits of the affected governmental agencies pursuant to Section 3 (b) of Article XIII B of the Constitution of the State of California.
C. City and County recognize that it is important that any property tax sharing arrangements between City and County should be determined in advance to facilitate sound planning for development and the provision of services as a result of that development.
D. City and County previously entered into an agreement, known as the Master Property Tax Sharing Agreement, effective , for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Revenue and Taxation Code upon a change of organization (" 1996 Agreement").
E. Under the 1996 Agreement, which was entered into by the County and all nine cities, the County agreed to share future increases in real property tax revenue above the base amount with 70% of the tax growth going to the County and 30% to the Cities.
F. In 2006 the parties entered into Amendment No. 1 of the 1996 Agreement to clarify technical issues and the intent of the agreement.
G. City and County have worked together to develop a revised approach to property tax sharing, improving locally available revenues.
H. City and County seek to align the interests of their respective jurisdictions in a way that promotes and financially encourages future development.
I. As provided for in this Agreement, City and County intend to ensure the timeliest, most efficient, and most cost-effective delivery of services provided to the public. {CW112700.6} Page 1of8
J. It is the intent of City and County to identify and include all annexations which were subject to the 1996 agreement; to identify any annexations after 1996 that were separately negotiated and include those in this agreement where applicable; and to identify unincorporated areas which will be specifically excluded from this agreement.
K. The annexation areas identified in Exhibit A comprise only those tax rate areas for which the parties intend to modify the sharing of future annual property tax increment.
L. The annexations and unincorporated areas identified in Exhibit B, comprise those areas which are specifically excluded from this Agreement.
M. The parties intend by this agreement, that beginning with the 2022 Assessment Roll, for all tax rate areas identified in Exhibit A, the parties will share equally the future annual tax increment, as that term is defined in Section 98 of the Revenue and Taxation Code.
N. The parties intend to share equally the annual tax increment, for all future annexations which are not specifically excluded by this Agreement, that occur after the effective date of this agreement.
NOW, THEREFORE, in consideration of the mutuaLcovenants and promises herein contained, the City and County hereby agree as follows:
AGREEMENT
Section 1. Recitals. The recitals above ("Recitals") are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 12 of this Agreement, Sections 1 through 12 shall prevail.
Section 2. Definitions.
(a) "1996 Agreement" shall mean the Master Property Tax Sharing Agreement entered into between the City and the County effective , 1996, for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Revenue and Taxation Code upon a change pf organization and its Amendment No. 1 of 2006. (b) "Annexation" shall mean the inclusion, attachment, or addition of territory to the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. (c) "Ad Valorem Property Tax" shall mean the tax imposed on real and tangible personal property based upon the value of the property. {CW112700.6} Page 2of8
( d) "Base Property Tax Year" shall mean the tax year immediately preceding the year in which the State Board of Equalization recognized and notifies the County Auditor-Controller of the Annexation.
(f) "Educational Revenue Augmentation Fund" or "ERAF" shall mean a requirement of the County Auditor-Controller to shift a certain percentage of annual allocations of local property tax revenues from counties, cities, and special districts to a specified fund which is utilized by the State of California to reduce its financial obligation to public schools and help meet its minimum state funding requirements pursuant to Proposition 98. (g) "Incremental Property Tax Revenue" shall mean the total amount of property tax revenue increase or decrease computed from the assessed valuation over the Base Property Tax Year. [reference Revenue and Taxation Code Section 96.5] (h) "Tax Rate Area" shall have the same meaning as defined in Revenue and Taxation Code section 95(g)(l ).
Section 3. Reporting. From and after the first fiscal year following the effective date of each Annexation, County Auditor-Controller will report, as part of the regular AB 8 report process, to the City Manager and to the County Executive Office the calculation and the actual amount of the Ad Valorem Property Tax revenue available for allocation and distribution pursuant to this Agreement. [SHOULD WE INCLUDE SPECIFIC LANGUAGE ON TIMING FOR REPORTS?]
Section 4. Allocation of Ad Valorem Property Tax Revenue for New Annexations.
When a jurisdictional change occurs, the Ad Valorem Property Tax revenue attributable to the territory Annexed to the City, for all land use types, shall be adjusted in the following manner:
(a) For Annexations other than County unincorporated islands or properties identified in Exhibit B, County shall retain its one hundred percent (100%) share of the Ad Valorem Property Tax revenue attributable to the Base Property Tax Year amount. After Annexation, the annexing City shall receive a fifty percent (50%) share of the County's Incremental Property Tax Revenue. County shall retain the remaining fifty percent (50%) share of the County's Incremental Property Tax Revenue. (b) Where an Annexation includes land served by a special district, City shall receive the entire amount of the Ad Valorem Property Tax allocated to the special district upon the detachment of the annexed territory from the special district or the dissolution of the special district.
(c) Except as set forth in subsection (d) below, for any Annexation effecting an unincorporated County island or listed in Exhibit B, the annexing City shall meet and confer with County to determine the allocation of the Ad Valorem Property Tax revenue of the unincorporated County island when each such island is considered for Annexation. {CW112700.6} Page 3of8
(d) For an Annexation requested or initiated by County or required by state or federal law pertaining to, in whole or part, any unincorporated County island or disadvantaged community, the annexing City shall meet and confer with County to determine the allocation of the Ad Valorem Property Tax revenue of the unincorporated County area considered for Annexation.
The provisions of this Section 4 shall survive and remain in effect following any termination of this agreement, ie, there will be no reversion back to the 1996 agreement tax sharing rates.
Section 5. Allocation of Incremental Property Tax Revenue. Beginning with the property assessments included in the 2022 Assessment Roll based on property values established as of January 1, 2022, and delivered by the County Assessor to the County Auditor-Controller by July 1, 2022, the County's Incremental Property Tax Revenue for all Tax Rate Areas identified in Exhibit A, shall be shared evenly between City and County: fifty percent (50%) to City and fifty percent (50%) to County. The County's Incremental Property Tax Revenue sharing established under this Section 5 is calculated prior to any property tax revenue shift for ERAF. This Section 6 is prospective only and shall begin being applied by the County Auditor-Controller when property tax revenues are distributed during Fiscal Year 2022/2023. An example of the calculation performed by the Auditor-Controller to implement this agreement is attached as Exhibit C.
The provisions of this Section 5 shall survive and remain in effect following any termination of this agreement, ie, there will be no reversion back to the 1996 agreement tax sharing rates.
Section 6. Adjustment of Appropriation Limit. Pursuant to Section 3(b) of Article XIII of the Constitution of the State of California, City shall increase its appropriation limit by the amount of Ad Valorem Property Tax revenue received after the adjustment provided for in Section 4 is completed. County shall decrease its appropriation limit by the amount of Ad Valorem Property Tax revenue that is transferred to City. It is also expected that any special district will decrease its appropriation limit by the amount of Ad Valorem Property Tax revenue it has had transferred to City upon detachment or dissolution.
Section 7. Additional Property Tax Agreement Discussions. County agrees to continue to meet and confer with City to address alternatives models of Ad Valorem Property Tax distribution to lessen the impact of ERAF.
Section 8. Term of This Agreement. The term of this Agreement shall commence as of the Effective Date and continue thereafter until one of the parties terminates this agreement.
Any party may terminate this agreement by formal action upon no less than 60 days' notice and termination shall be effective on the first day of July following service of the notice of termination.
Section 9. Modification
(a) This Agreement constitutes the entire agreement between the Parties hereto. To be effective, any amendment, modification, or revision of this Agreement must be a writing duly authorized and signed by both Parties.
{CW112700.6} Page 4of8
(b) County retains the right to offset and adjust future payments to the City in the event of over or under payments associated with technical accounting adjustments to property tax revenue.
Section 10. Entire Agreement. With respect to the subject matter hereof only, this Agreement replaces and supersedes the 1996 Agreement, as well as any and all previous negotiations, proposals, commitments, writings, and understanding of any nature whatsoever between County and City.
Section 11. Notices. Any notice or communication required hereunder between the parties must be in writing, and may be given either personally, by electronic mail ("email") (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving party's email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day; if given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party _hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
County of Stanislaus
Chief Executive Officer
County of Stanislaus
1010 Tenth Street, Suite ~.800
Modesto, CA 953 54 ·
Email: _______ _
Section 12. General Provisions
City of Newman
City Manager
City of Newman
P.O. Box 787
Newman CA 95360
Email: [email protected]
(a) Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California. (b) Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus.
{CW112700.6} Page 5of8
( c) Sever ability. This Agreement shall automatically terminate if this Agreement, in its entirety, is determined by a court of competent jurisdiction to be invalid or unenforceable. If any discrete provision of this Agreement shall be determined by such court to be invalid and unenforceable, or if any discrete provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. ( d) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or_ subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiyer unless it is in writing and signed by the Party so waiving.
( e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. (f) Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are permissive.
(g) Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties hereto, shall be binding upon an inure to the benefit of such Party, its successors, and assigns. The Parties warrant and represent that they have the right and authority to execute this Agreement and that they have not assigned or transferred, or purported to assign or transfer, to any person or entity this Agreement or any portion thereof. The Parties shall not assign or transfer this Agreement without the written consent of the other Party.
(h) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to the fulfill the purposes and intentions of this Agreement.
G) Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein. [HOW WOULD THIS APPLY TO THIS AGREEMENT?] {CW112700.6} Page 6of8
(k) Authority. The signatories to this Agreement warrant and represent that they have the power and authority to enter into this Agreement on behalf of their respective Party, and all formal requirements necessary or required to enter into this Agreement have been fulfilled. (1) Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties. (m) Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.
(n) No Joint Venture. Neither this Agreement, nor payment, shall constitute or create any form of association, joint venture, partnership, or cooperative activity, of any nature whatever, for any purpose between the City and the County. ·
[Signatures on following page]
{CW112700.6} Page 7of8
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.
COUNTY OF STANISLAUS
By: ______ _
Jody Hayes
Chief Executive Officer "County"
APPROVED AS TO FORM:
Thomas E. Boze, County Counsel
By:--------
[Name]
Deputy County Counsel
Authorized by Resolution No.[ number]
adopted [date] by the
Stanislaus County Board of Supervisors
{CW112700.6}
CITY OF[_]
By: _______ _
Michael E. Holland
City Manager "City"
APPROVED AS TO FORM:
By: ______ _
Nubia Goldstein
City Attorney
Authorized by Resolution No. [number]
Adopted [date] by the
, [_] City Council