AGENDA
NEWMAN CITY COUNCIL
REGULAR MEETING OCTOBER 11, 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 – Lights On Afterschool Day (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 September 27, 2022 Meeting. (View Minutes) d. Authorize City Manager To Execute An Agreement With EMC Planning Group Inc. For The Preparation Of A CEQA-Plus Document For The City Of Newman Influent Sewer Phase II Project. (View Report)
9. Public Hearings.
10. Regular Business
a. First Reading And Introduction Of Ordinance No. 2022- , An Ordinance Amending An Ordinance Amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping, To Prohibit Camping And Storage Of Personal Property On Public And Private Property. (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
October 3-8 – Citywide Fall Clean-Up – 7:30 A.M. – 4:00 P.M.
October 7 – Farmers Market Event – 3:30 P.M. To 7:30 P.M.
October 11 – City Council - 7:00 P.M.
October 14 – Farmers Market Event – 3:30 P.M. To 7:30 P.M.
October 20 – Planning Commission – Cancelled.
October 21 – Farmers Market Event – 3:30 P.M. To 7:30 P.M.
October 25 – City Council - 7:00 P.M.
October 28 – Farmers Market Event – 3:30 P.M. To 7:30 P.M.
October 31 – Halloween.
Proc{amation
Of the City of :Newman
WHEREAS, the citizens of the City of Newman, California stand firmly committed to quality afterschool programs and opportunities because they provide safe and engaging learning experiences, support working families ensuring their children are safe and productive when they are· out of their classrooms; and
WHEREAS, the City of Newman, California has provided significant leadership in the area of community involvement in the education and wellbeing of our youth grounded in the principle that quality afterschool programs are key to helping our children become successful adults; and WHEREAS, Lights on afterschool, the national celebration of afterschool programs held this year on October 27, 2022, promotes the importance of quality afterschoql programs in the lives of children, families and . communities; and
WHEREAS, many afterschool programs across the country are facing operating challenges ~o severe that they are forced to consider closing their doors and turning off their lights; and
WHEREAS California is committed to investing in the health and safety of all yourig people by providing expanded learning opportunities that help our children l_earn and grow, while helping them develop the skills essential for success in life and work.
THEREFORE, BE IT RESOLVED that I, Mayor Casey Graham, do hereby proclaim October 27th as "Lights on Afterschool Day", AND BE IT FURTHER RESOLVED that Mayor Casey Graham enthusiastically endorses Lights on Afterschool to ensure the lights stay o·n and the doors stay open for all ~__.,,._- children after school.
Signed the 11th day of October, 2022
AP Check Register
September 21, 2022 through October 5, 2022
1 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description Access Door Works 10-07-7505 $ 982.55 121304 9/27/2022 Repair on Door/ FD $ 982.55 121304 Total
Acme Electric Company 10-07-7505 $ 4,575.00 121305 9/27/2022 Installation of Parking Lot Lights $ 4,575.00 121305 Total
All Traffic Solutions, Inc 18-01-7205 $ 19,045.14 121306 9/27/2022 ARPA Message Board, ATS-5 Trailer $ 19,045.14 121306 Total
Amazon Capital Services 10-22-6300 $ 215.50 121307 9/27/2022 Magnetic Mic $ 215.50 121307 Total
Aramark 10-22-6200 $ 96.15 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
Aramark 10-07-6200 $ 133.75 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
Aramark 10-21-6200 $ 124.50 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
Aramark 10-33-6200 $ 249.83 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
Aramark 60-50-6200 $ 249.83 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
Aramark 63-56-6200 $ 166.54 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
Aramark 10-44-6200 $ 166.55 121308 9/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ August
2022
$ 1,187.15 121308 Total
AT&T 60-50-6200 $ 8.29 121310 9/27/2022 Alarm 8-13-22 to 9-12-22 AT&T 10-14-6420 $ 71.71 121310 9/27/2022 Landlines 8-13-22 ·to 9-12-22 AT&T 63-56-6200 $ 8.29 121310 9/27/2022 Alarm 8-13-22 to 9-12-22 AT&T 10-21-6420 $ 25.23 121310 9/27/2022 Landlines 8-13-22 ·to 9-12-22 AT&T 10-07-6420 $ 23.34 121310 9/27/2022 Landlines 8-13-22 ·to 9-12-22 AT&T 10-14-6200 $ 8.29 121310 9/27/2022 Alarm 8-13-22 to 9-12-22 AT&T 10-21-6420 $ 390.74 121310 9/27/2022 Circuit Line Between Fresno St
to Ceres 8-13-22 to 9-12-22
AT&T 63-56-6420 $ 71.85 121310 9/27/2022 Landlines 8-13-22 ·to 9-12-22 $ 607.74 121310 Total
AT&T MOBILITY 10-03-6420 $ 76.18 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-07-6420 $ 23.29 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-22-6420 $ 206.46 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-02-6420 $ 20.03 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-33-6420 $ 101.52 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 60-50-6420 $ 389.36 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 63-56-6420 $ 418.10 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-21-6420 $ 619.37 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-45-6420 $ 32.60 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 69-47-6420 $ 83.35 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 22-20-6420 $ 9.31 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 73-70-6420 $ 11.40 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AT&T MOBILITY 10-06-6420 $ 61.71 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
AP Check Register
September 21, 2022 through October 5, 2022
2 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description AT&T MOBILITY 10-44-6420 $ 96.86 121309 9/27/2022 Cell Phone Use 8-03-22 to 9-02-22
$ 2,149.54 121309 Total
Backflow Distributors, Inc 63-56-6300 $ 938.44 121311 9/27/2022 Backflow $ 938.44 121311 Total
Baker Dorothy June 10-33-6225 $ 221.68 121312 9/27/2022 Chainsaw Repairs Baker Dorothy June 10-44-6225 $ 221.68 121312 9/27/2022 Chainsaw Repairs $ 443.36 121312 Total
BORGES & MAHONEY CO. 63-56-6300 $ 3,603.41 121313 9/27/2022 Pulsatron Pump $ 3,603.41 121313 Total
BUSINESS CARD 10-21-6300 $ 13.79 121314 9/27/2022 Bandages BUSINESS CARD 10-21-6300 $ 20.37 121314 9/27/2022 Cooler BUSINESS CARD 10-21-6300 $ 43.14 121314 9/27/2022 Wireless Mouse BUSINESS CARD 10-21-6308 $ 319.20 121314 9/27/2022 Microchips for Animal Shelter/ PD BUSINESS CARD 10-21-6330 $ 122.10 121314 9/27/2022 Postage Stamps BUSINESS CARD 10-21-6695 $ 120.38 121314 9/27/2022 Garden Fence BUSINESS CARD 10-21-6200 $ 10.00 121314 9/27/2022 Scheduling Software BUSINESS CARD 10-21-6695 $ 225.00 121314 9/27/2022 Training/ Murillo BUSINESS CARD 10-21-6300 $ 303.99 121314 9/27/2022 Desk Chairs BUSINESS CARD 10-00-5830 $ (36.05) 121314 9/27/2022 Statement Credit $ 1,141.92 121314 Total
CAMPOS VICTOR 10-21-6695 $ 60.00 121315 9/27/2022 POST Training Per Diem/ Campos
$ 60.00 121315 Total
Central Calif Irrigation District 63-56-6200 $ 136.12 121316 9/27/2022 Assessment Watershed Coalition 2022
$ 136.12 121316 Total
COMCAST CABLE 63-56-6200 $ 67.16 121317 9/27/2022 High speed internet/water COMCAST CABLE 60-50-6200 $ 67.13 121317 9/27/2022 High speed internet/sewer COMCAST CABLE 10-21-6420 $ 153.42 121317 9/27/2022 High Speed Internet 9-6-22 lo 10-5-22 /PD
COMCAST CABLE 10-21-6200 $ 67.13 121317 9/27/2022 High speed internet/PD $ 354.84 121317 Total
CSFEWBC-VLSA 10-22-6200 $ 3,850.00 121318 9/27/2022 2021-2022 Annual Contributions $ 3,850.00 121318 Total
CSG Consultants, Inc 10-23-6215 $ 4,457.50 121319 9/27/2022 Building Services August 2022
CSG Consultants, Inc 10-23-6215 $ 392.00 121319 9/27/2022 Building Services August 2022
CSG Consultants, Inc 10-23-6215 $ 1,073.00 121319 9/27/2022 Building Permit Issuance/ August 2022
$ 5,922.50 121319 Total
CSJVRMA 10-00-2292 $ 62,927.00 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
CSJVRMA 60-50-6632 $ 364.67 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
CSJVRMA 60-50-6631 $ 15,947.33 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
CSJVRMA 63-56-6632 $ 364.67 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
AP Check Register
September 21, 2022 through October 5, 2022
3 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description CSJVRMA 10-15-6632 $ 364.67 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
CSJVRMA 10-15-6631 $ 15,947.33 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
CSJVRMA 63-56-6631 $ 15,947.33 121320 9/27/2022 Workers Compensation/Liability Program 2022-2023 2nd Quarter
$ 111,863.00 121320 Total
DJ Francis Electric 10-07-6200 $ 308.61 121321 9/27/2022 Repair on Outlets $ 308.61 121321 Total
Doc's Towing Service 10-44-6530 $ 440.00 121322 9/27/2022 Towing of Street Sweeper Doc's Towing Service 10-33-6530 $ 440.00 121322 9/27/2022 Towing of Street Sweeper $ 880.00 121322 Total
Eagle Aerial Solutions 63-56-6200 $ 14,902.00 121323 9/27/2022 WaterView SaaS Subscription $ 14,902.00 121323 Total
FGL ENVIRONMENTAL, INC 60-50-6200 $ 156.00 121324 9/27/2022 Inorganic Analysis FGL ENVIRONMENTAL, INC 60-50-6200 $ 5,504.75 121324 9/27/2022 Inorganic Analysis, Support Analysis
FGL ENVIRONMENTAL, INC 60-50-6200 $ 5,449.50 121324 9/27/2022 Inorganic Analysis, Support Analysis
FGL ENVIRONMENTAL, INC 60-50-6200 $ 301.00 121324 9/27/2022 Inorganic Analysis, Support Analysis
$ 11,411.25 121324 Total
Frank B. Marks & Sons, Inc 10-33-6300 $ 149.18 121325 9/27/2022 3/4 AB Class 2 Frank B. Marks & Sons, Inc 63-56-6300 $ 149.19 121325 9/27/2022 3/4 AB Class 2 $ 298.37 121325 Total
Freeman Marcus 10-21-6695 $ 60.00 121326 9/27/2022 POST Training Per Diem/ Freeman
$ 60.00 121326 Total
Gouveia Engineering, Inc 17-36-7780 $ 8,679.28 121327 9/27/2022 Project 555.04 2.4 NEWS Coordinate Contract Docs
Gouveia Engineering, Inc 17-44-7759 $ 158.81 121327 9/27/2022 Project 555.06D Barrington Park Gouveia Engineering, Inc 17-36-7779 $ 2,067.19 121327 9/27/2022 Project 555.05 Newman Wetlands Gouveia Engineering, Inc 28-33-7715 $ 202.50 121327 9/27/2022 Project 545. 160 2020 SBI Improvements
Gouveia Engineering, Inc 17-36-7780 $ 8,527.50 121327 9/27/2022 Project 555.04 2.4 NEWS
Bidding/Award
Gouveia Engineering, Inc 10-31-6200 $ 30.19 121327 9/27/2022 Project 575.07 FM 18-01 1035 T St Tentative
Gouveia Engineering, Inc 18-32-7768 $ 273.23 121327 9/27/2022 Project 525. 12 Jensen Rd Utilities Gouveia Engineering, Inc 10-31-6200 $ 3,063.38 121327 9/27/2022 Project 585.05 1035 T St
Con Observation
Gouveia Engineering, Inc 17-36-7779 $ 2,838.94 121327 9/27/2022 Project 555.05 Newman Wetlands Gouveia Engineering, Inc 10-31-6200 $ 1,619.63 121327 9/27/2022 Project 525.01 Public .works General
Gouveia Engineering, Inc 10-31-6200 $ 619.50 121327 9/27/2022 Project 585. 11 Arco Site Plan Gouveia Engineering, Inc 24-32-7780 $ 909.44 121327 9/27/2022 Project 545.16C-CM CML-5172(032) Kern St Bike/
Ped
Gouveia Engineering, Inc 10-31-6200 $ 271.69 121327 9/27/2022 Project 575.17 Mattos Ranch Basin Review
Gouveia Engineering, Inc 18-32-7739 $ 2,253.75 121327 9/27/2022 Project 525.02 STPL-5172 (024) Highway 33/ Inyo
Gouveia Engineering, Inc 18-56-7771 $ 1,995.00 121327 9/27/2022 Project 525. 12 Jensen Rd Utilities Gouveia Engineering, Inc 10-31-6200 $ 30.19 121327 9/27/2022 Project 575.15 TPM 22-01 Gouveia Engineering, Inc 64-56-7521 $ 9,125.48 121327 9/27/2022 Project 525.09 Inyo Canal School Utility Improvements
Gouveia Engineering, Inc 61-55-7521 $ 13,688.21 121327 9/27/2022 Project 525.09 Inyo Canal School Utility Improvements
AP Check Register
September 21, 2022 through October 5, 2022
4 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description Gouveia Engineering, Inc 10-31-6200 $ 1,325.63 121327 9/27/2022 Project 580.04 Mattos Ranch Phase 1
Con Observation
Gouveia Engineering, Inc 17-44-7758 $ 158.81 121327 9/27/2022 Project 555.07D Sherman Park $ 57,838.35 121327 Total
Guerrero's Tire and Auto Repair, LLC 10-21-6530 $ 196.00 121328 9/27/2022 TireSwap $ 196.00 121328 Total
Hendrix Justin 10-06-6600 $ 52.50 121329 9/27/2022 Reimbursement for CEQA Recording/ Hendrix Hendrix Justin 10-06-6690 $ 50.00 121329 9/27/2022 Mileage Reimbursement/ Hendrix
$ 102.50 121329 Total
Jantzen Colby 10-21-6695 $ 370.00 121330 9/27/2022 POST Training Per Diem/ Jantzen
$ 370.00 121330 Total
JG Nurseries LLC 10-44-6300 $ 120.27 121331 9/27/2022 Trees JG Nurseries LLC 24-32-7727 $ 225.46 121331 9/27/2022 Concrete $ 345.73 121331 Total
JHC LLC 17-41-6200 $ 848.99 121332 9/27/2022 SB 1383 Program Planning JHC LLC 17-41-6200 $ 823.79 121332 9/27/2022 SB 1383 Program Planning $ 1,672.78 121332 Total
Knife River Construction 28-33-7715 $ 19,858.63 121335 9/27/2022 2020 SBI lmproveements Payment #4
$ 19,858.63 121335 Total
Krazan & Associates, Inc 61-55-7521 $ 1,416.00 121336 9/27/2022 Inyo & Canal School Rd Underground Improvements
Krazan & Associates, Inc 64-56-7521 $ 944.00 121336 9/27/2022 Inyo & Canal School Rd Underground Improvements
$ 2,360.00 121336 Total
Ledezma Zenaida 10-00-2841 $ 80.00 121337 9/27/2022 Sherman Park Rental Deposit Refund/ Ledezma
$ 80.00 121337 Total
MID VALLEY IT, INC 63-56-6200 $ 1,275.60 121338 9/27/2022 IT CONTRACT/WATR MID VALLEY IT, INC 10-14-6200 $ 1,275.60 121338 9/27/2022 IT CONTRACT/FIN MID VALLEY IT, INC 10-03-6310 $ 369.07 121338 9/27/2022 Blue Host Annual Subscription MID VALLEY IT, INC 10-21-6200 $ 2,551.20 121338 9/27/2022 IT CONTRACT/PD MID VALLEY IT, INC 60-50-6200 $ 1,275.60 121338 9/27/2022 IT CONTRACT/SEWR $ 6,747.07 121338 Total
Moron Alejandra 10-00-2840 $ 300.00 121339 9/27/2022 Memorial Building Rental Deposit Refund/ Moron
$ 300.00 121339 Total
Murillo Angel 10-21-6695 $ 222.00 121340 9/27/2022 POST Training Per Diem/ Murillo
$ 222.00 121340 Total
NEWMAN FIREFIGHTERS, INC. 10-22-6530 $ 1,200.00 121341 9/27/2022 Reimbursement for 6 New Tires on Parade Engine/ FD NEWMAN FIREFIGHTERS, INC. 10-22-6530 $ 500.00 121341 9/27/2022 Reimbursement for FD Family Barbeque $ 1,700.00 121341 Total
One Step GPS LLC 63-56-6200 $ 153.45 121342 9/27/2022 GPS Fleet Tracking Software One Step GPS LLC 60-50-6200 $ 153.45 121342 9/27/2022 GPS Fleet Tracking Software One Step GPS LLC 10-22-6200 $ 55.80 121342 9/27/2022 GPS Fleet Tracking Software
AP Check Register
September 21, 2022 through October 5, 2022
5 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description One Step GPS LLC 10-21-6200 $ 139.50 121342 9/27/2022 GPS Fleet Tracking Software $ 502.20 121342 Total
Otis Elevator Company 10-07-6200 $ 742.05 121343 9/27/2022 Maintenance Contract Elevator 10-1-22 to12-31-22
$ 742.05 121343 Total
OTTMAN FARMS, INC 60-50-6230 $ 2,467.50 121344 9/27/2022 Spraying of Aifaifa@ WWTP $ 2,467.50 121344 Total
Owen Equipment Sales 69-47-6530 $ 41.45 121345 9/27/2022 Street Sweeper Connnector, Nozzle Owen Equipment Sales 10-33-6530 $ 41.45 121345 9/27/2022 Street Sweeper Connnector, Nozzle $ 82.90 121345 Total
P G & E 10-44-6510 $ 254.92 121347 9/27/2022 NaturalGas Pumped @ CNG Fueling Station 8-11-22 to
9-9-22
P G & E 10-21-6510 $ 63.73 121347 9/27/2022 NaturalGas Pumped @ CNG Fueling Station 8-11-22 to
9-9-22
P G & E 10-07-6410 $ 943.69 121347 9/27/2022 Electrical Charges for Solar Meter @WWTP 8-5-22 to 9-6-22
P G & E 63-56-6410 $ 943.69 121347 9/27/2022 Electrical Charges for Solar Meter @WWTP 8-5-22 to 9-6-22
P G & E 63-56-6510 $ 63.73 121347 9/27/2022 NaturalGas Pumped @ CNG Fueling Station 8-11-22 to
9-9-22
P G & E 60-50-6510 $ 63.73 121347 9/27/2022 NaturalGas Pumped @ CNG Fueling Station 8-11-22 to
9-9-22
P G & E 60-50-6410 $ 34.64 121347 9/27/2022 Electrical Charges for Solar Meter @WWTP 8-10-22 to 9-8-22
P G & E 60-50-6410 $ 943.69 121347 9/27/2022 Electrical Charges for Solar Meter @WWTP 8-5-22 to 9-6-22
P G & E 10-33-6510 $ 509.83 121347 9/27/2022 NaturalGas Pumped @ CNG Fueling Station 8-11-22 to
9-9-22
P G & E 69-47-6510 $ 318.64 121347 9/27/2022 NaturalGas Pumped @ CNG Fueling Station 8-11-22 to
9-9-22
$ 4,140.29 121347 Total
PACIFIC WATER RESOURCES 60-50-6225 $ 1,029.37 121346 9/27/2022 Vac Pumps $ 1,029.37 121346 Total
Public Agency Coalition Enterprise 10-00-2260 $ 21,763.05 121333 9/27/2022 Health Insurance Premium/ October
2022
$ 21,763.05 121333 Total
Public Agency Coalition Enterprise 10-00-2260 $ 20,722.01 121334 9/27/2022 Health Insurance Premium/ October
2022
$ 20,722.01 121334 Total
Rangel Samuel 60-50-6200 $ 1,500.00 121348 9/27/2022 Barbwire Fence Repair at Hills
Ferry Rd
$ 1,500.00 121348 Total
Rolfe Construction, Inc 61-55-7521 $ 116,710.35 121349 9/27/2022 Inyo Canal School Underground Improvements
Progress Payment 2
Rolfe Construction, Inc 64-56-7521 $ 77,806.90 121349 9/27/2022 Inyo Canal School Underground Improvements
Progress Payment 2
$ 194,517.25 121349 Total
RRM DESIGN GROUP, INC. 27-44-6200 $ 4,132.50 121350 9/27/2022 Newman Plaza Green and Veterans
Memorial Plan
$ 4,132.50 121350 Total
SHI International Corp. 10-21-6200 $ 939.73 121351 9/27/2022 Net Motion Mobility Software SHI International Corp. 10-21-6200 $ 1,174.74 121351 9/27/2022 Net Motion Complete $ 2,114.47 121351 Total
Snell Jr Floyd L 10-00-2563 $ 508.00 121352 9/27/2022 Property Return NP21000325 $ 508.00 121352 Total
STAN COUNTY SHERIFF'S REG 10-21-6695 $ 1,826.00 121356 9/27/2022 POST STOP Training/ Freeman, Campos
AP Check Register
September 21, 2022 through October 5, 2022
6 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description STAN COUNTY SHERIFF'S REG 10-21-6695 $ 110.00 121356 9/27/2022 POST STOP Training/ Lopez
$ 1,936.00 121356 Total
Stanislaus LAFCO 10-06-6200 $ 3,500.00 121354 9/27/2022 Detachment of Property from CCID $ 3,500.00 121354 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7120 $ 16,329.50 121357 9/27/2022 Project# 184031401 WWTRF Influent Trunk Sewer Upgrade
STANTEC CONSULTING SERVICE, Inc 60-50-6200 $ 6,043.50 121357 9/27/2022 Projeet# 184030113 Groundwater Monitoring Services
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 15,326.66 121357 9/27/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
$ 37,699.66 121357 Total
STAPLES ADVANTAGE 60-50-6300 $ 155.26 121355 9/27/2022 Toner STAPLES ADVANTAGE 10-22-6300 $ 8.94 121355 9/27/2022 Plug Ins STAPLES ADVANTAGE 10-22-6300 $ 7.53 121355 9/27/2022 Pencil Cup STAPLES ADVANTAGE 10-22-6300 $ 66.96 121355 9/27/2022 Sharpies, Labels, Desk Pad STAPLES ADVANTAGE 10-22-6300 $ 71.18 121355 9/27/2022 Surge Protector, Pens STAPLES ADVANTAGE 63-56-6300 $ 155.26 121355 9/27/2022 Toner STAPLES ADVANTAGE 10-14-6300 $ 155.26 121355 9/27/2022 Toner $ 620.39 121355 Total
State of Calif Dept of Justice 10-00-2014 $ 1,579.00 121353 9/27/2022 Fingerprint Apps/FBl/Child Abuse Index
$ 1,579.00 121353 Total
STEPHENS BORRELLI INC. 63-00-2010 $ 53.59 121362 9/27/2022 Refund Check 014499-023, 558 MARQUEZ STREET $ 53.59 121362 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 121358 9/27/2022 Cleaned & Buffed Floors@ City Hall
$ 185.00 121358 Total
SWRCB Accounting Office 63-56-6675 $ 410.00 121359 9/27/2022 Water System Enforcement Fees for Period 7-1-21 to 6-30-22
$ 410.00 121359 Total
THE RADAR SHOP, INC 10-21-6200 $ 624.00 121360 9/27/2022 Recertified Radar Units, Tuning Forks, Lldar Unit
$ 624.00 121360 Total
Turlock Mosquito Abatement District 60-50-6200 $ 223.36 121361 9/27/2022 Spraying @ Wetlands Area Canal
& Braza Rd August 2022
$ 223.36 121361 Total
UNITED RENTALS, INC 10-21-6300 $ 688.88 121365 9/27/2022 Telescopic Boom Rental $ 688.88 121365 Total
UNIVAR USA, INC 63-56-6300 $ 1,535.94 121364 9/27/2022 300 Gallons of Sodium Hypoclorlte
Del lvered to Well#B
UNIVAR USA, INC 63-56-6300 $ 751.62 121364 9/27/2022 150 Gallons of Sodium Hypoclorlte
Del lvered to Well#B
UNIVAR USA, INC 63-56-6300 $ 447.57 121364 9/27/2022 107 Gallons of Sodium Hypoclorlte
Del lvered to Well#B
$ 2,735.13 121364 Total
USA BLUEBOOK 60-50-6300 $ 232.09 121366 9/27/2022 ORP Standard USA BLUEBOOK 60-50-6300 $ 265.16 121366 9/27/2022 Conductivity Solution, Pouches $ 497.25 121366 Total
VALENCIA CANDELARIA 63-00-2010 $ 61.00 121363 9/27/2022 Refund Check 015756-000, 624 LADYSLIPPER LN $ 61.00 121363 Total
AP Check Register
September 21, 2022 through October 5, 2022
7 of 7
Vendor Fund-Dept-Acct Amount Check # Check date Description Valley Tire Sales-Patterson 10-21-6530 $ 1,728.14 121367 9/27/2022 12 Tires/ PD $ 1,728.14 121367 Total
West Coast Pet Memorial Services 10-21-6208 $ 48.60 121369 9/27/2022 Disposal Clinic $ 48.60 121369 Total
WEST SIDE PUBLIC SCALE 60-50-6230 $ 24.00 121370 9/27/2022 Weight Tags for Aug 2022/WWTP
$ 24.00 121370 Total
Westside Connect 17-36-7780 $ 661.50 121368 9/27/2022 Notice to Bidders NEWS Westside Connect 10-45-6724 $ 171.00 121368 9/27/2022 Display Ad Movie Night Westside Connect 10-01-6620 $ 300.00 121368 9/27/2022 Fall Festival Advertising Westside Connect 10-06-6600 $ 105.00 121368 9/27/2022 Notice of Public Hearing Proceeding to Vacate Stanislaus
St
Westside Connect 63-56-6600 $ 50.00 121368 9/27/2022 Single Box Ad Westside Connect 10-06-6600 $ 94.50 121368 9/27/2022 Notice of Public Hearing Tenative Parcel Map 22-01 Westside Connect 10-01-6600 $ 50.00 121368 9/27/2022 Single Box Ad Westside Connect 60-50-6600 $ 50.00 121368 9/27/2022 Single Box Ad $ 1,482.00 121368 Total
Wex Bank 60-50-6500 $ 849.91 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 63-56-6500 $ 1,422.12 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 10-22-6500 $ 2,117.71 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 10-07-6500 $ 102.22 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 10-44-6500 $ 199.02 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 10-33-6500 $ 558.11 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 69-47-6500 $ 393.94 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
Wex Bank 10-21-6500 $ 4,788.72 121371 9/27/2022 Gas and Diesel Purchases 8-16-22 to 9-15-22
$ 10,431.75 121371 Total
White Brenner, LLP 10-15-6200 $ 360.00 121372 9/27/2022 Professional Srvcs Rendered Through Aug 2022 PD
White Brenner, LLP 63-56-6200 $ 2,631.20 121372 9/27/2022 Professional Srvcs Rendered Through Aug 2022 Cal Sport v
De
White Brenner, LLP 10-15-6200 $ 3,534.00 121372 9/27/2022 Through Aug 2022 General Municipal
$ 6,525.20 121372 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 322.42 121373 9/27/2022 Wedge, Wedge Kit $ 322.42 121373 Total
$ 602,326.46 Grand Total
MINUTES
NEWMAN CITY COUNCIL
REGULAR MEETING SEPTEMBER 27, 2022
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT
1. Call To Order - Mayor Graham 7:00 P.M.
2. Pledge Of Allegiance.
3. Invocation – Council Member McDonald.
4. Roll Call - PRESENT: McDonald, Mayor Pro Tem Ball, Pimentel, And Mayor Graham.
ABSENT: None.
5. Declaration Of Conflicts Of Interest – None.
6. Ceremonial Matters
a. Wreaths Across America Presentation.
RoseLee Hurst, 1447 Q Street, Local Wreaths Across America Coordinator, Stated That The Wreaths Across America Organization Would Be Hosting A Ceremony At The Hills Ferry Cemetery On December 17, 2022 At 1:00 P.M. Hurst Noted That There Were More Than Nine Hundred Veterans Buried At The Hills Ferry Cemetery. She Asked The City Council For Their Support Of Her Goal To Have A Wreath Placed On Every Veterans’ Gravesite. Hurst Explained That All Wreaths Must Be Ordered Online.
Mayor Graham Clarified That All Donations Needed To Be Done Online.
RoseLee Hurst Noted Yes, That Everything Was Now Done Online.
Council Member McDonald Thanked RoseLee Hurst For All Her Efforts.
7. Items from the Public - Non-Agenda Items – None.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The September 13, 2022 Meeting. d. Adopt Resolution No. 2022-52, A Resolution Authorizing The City Manager To Execute A Purchase And Sale Agreement For Ninety-Six (96) Acres For Use In The City’s Wastewater Operations.
e. Adopt Resolution No. 2022-53, A Resolution Authorizing The Fire Chief To Execute Any Future Agreement With The Department Of Forestry And Fire Protection For The Rural Fire Capacity (RFC) Grant Program.
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 Chamber Of Commerce Tree Lighting Event At The Downtown Plaza.
ACTION: On A Motion By Pimentel Seconded By McDonald, The Council Approved The Newman Tree Lighting Event As Submitted By The Chamber Of Commerce By The Following Roll Call Vote:
AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
b. Accept The City Of Newman 2021/2022 Pavement Management Program Update.
Public Works Director Reyes Reviewed And Presented the 2021-2022 Pavement Management Program Update.
Council Member Ball Asked About A Timeline For “T” Street Renovations.
Public Works Director Reyes Reported That The City Had Obtained A Grant To Study The “T” Street Corridor. Reyes Noted That The City Submitted All The Paperwork To Caltrans And Was Expecting To Receive A Notice To Proceed Sometime In October. She Explained That Once The City Receives Said Notice, Staff Would Proceed And Begin To Seek Community Input Regarding The Proposed Design Of The “T” Street Corridor Improvements Utilizing Several Public Workshops, Meetings And Direct Input From Residents In The Vicinity.
City Manager Holland Pointed Out That The “T” Street Corridor Needed A Redesign To Make It More Pedestrian And Bicycle Friendly And Indicated That The Aforementioned Grant Would Help To Design A More Pedestrian Friendly “T” Street. Holland Stated That Once The Design Was Completed, The Project Would Then Progress To The Engineering Phase And Then Finally Conclude With The Construction Phase.
Public Works Director Reyes Stated That Staff Was Already In The Process Of Identifying Grants And Other Funding For The “T” Street Sidewalk Project. Reyes Explained That The “T” Street Corridor Project Would Be Starting Soon But Pointed Out That It Would Be A Three Year Project.
Mayor Graham Asked If A Road Repair Schedule Would Be Posted Online For The Public To Review.
Public Works Director Reyes Stated That Yes, A Repair Schedule Would Be Posted On The City’s Website.
Council Member McDonald Asked About Potential State And Federal Funding For Streets That Connect To State Highway 33.
Public Works Director Reyes Explained That Some Projects Are Eligible For Federal Funds And Staff Would Be Considering Alternate Funding Sources Before Presenting Projects To The Council.
Council Member McDonald Inquired About Adding A Stoplight Or A Stop Sign At The Intersection Of Highway 33 And Sherman Parkway.
Public Works Director Reyes Responded That The Aforementioned Intersection Was Already Identified In The City’s Highway Specific Plan But The Timing Of The Added Traffic Control Measures Would Be Dependent On Funding And Approval From Caltrans.
ACTION: On A Motion By Ball Seconded By Pimentel, The Council Accepted The City Of Newman 2021/2022 Pavement Management Program Update By The Following Roll Call Vote: AYES:
McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
11. Items From District Five Stanislaus County Supervisor.
Russell Fowler, Supervisor Condit’s Field Representative, Thanked Fire Chief Bowen And The Orestimba High School Interact Club For Their Assistance At The Crows Landing Clean-Up Event.
He Reported That The Supervisor’s Office Was Happy To Help The Fire Department Obtain A Grant From The San Joaquin Air Pollution Board For Their New Command Vehicles. Fowler Mentioned That The County Would Be Hosting A Movie Night On October 8th In Keyes And Thanked The City Of Newman For Inspiration For The Event.
Mayor Graham Asked That The County Evaluate The Condition Of Stuhr Road From Highway 33 To Interstate 5.
Council Member McDonald Thanked The Supervisor’s Office For The Information That Was Provided And Welcomed Any Additional Updates On The Crows Landing Air Base Project.
12. Items From The City Manager And Staff.
City Manager Holland Commended The Supervisor’s Office For Doing A Great Job In Representing The City Of Newman. Holland Reported That The Last City Road Repair Project Was One And Half Million Dollars And Indicated That The Next Project Was Expected To Be More Than Two Million Dollars. He Asked For Input From The City Council Regarding The Proposed Road Project And Anticipated Presenting The Proposed Repairs To Council At Their Second Meeting In October.
Holland Explained That Staff Was Actively Working On The Jensen Road, Sherman Parkway And The Highway 33 Intersection But Noted That Caltrans Has Requirements That Must Be Met Before A Traffic Light Could Be Installed. He Reported That The School District Had Submitted A Formal Request To The City Regarding The Pool Operations And Programs At The Recent Two-On-Two Meeting. He Pointed Out That Staff Was Actively Looking For The Fifty Percent Match For The NEWS Project Grant And Would Solicit Funds From Both Merced And Stanislaus Counties. Holland Thanked The Council For Approving The Wastewater Treatment Plant Property Purchase.
Chief Richardson Reported That There Would Be A Low Cost Animal Clinic October 20th At Pioneer Park From 5:00 P.M. To 7:00 P.M.
Public Works Director Reyes Thanked The Public Works Department Staff For All Of Their Efforts Related To Maintaining The City. Reyes Reported That There Had Been A Bid Opening For The NEWS Project Earlier In The Day And Noted That Staff Would Be Asking The City Council To Award The Bid Soon. She Provided Updates Regarding The Inyo Avenue Utility Project, Tree Management Plan Grant, And The Prince Road Sewer Capacity Project. Reyes Mentioned That The McPike Irrigation Project At The Wastewater Treatment Plant And The Trunk Line Replacement Project Would Be Going Out To Bid In October.
Council Member McDonald Asked If Inyo Avenue Would Be Paved After The Utility Project Was Completed.
Public Works Director Reyes Stated That The Paving Project For That Area Would Be Going Out To Bid Soon.
City Manager Holland Clarified That The Inyo Avenue/Canal School Road Paving Project Would Likely Not Take Place Until The Spring Of 2023.
Chief Bowen Thanked Council For Approving The Rural Fire Capacity (RFC) Grant. Bowen Thanked Supervisor Condit’s Office For Their Assistance In Obtaining The Grant That Assisted With The Purchasing Of Two Command Vehicles For The Price Of One. He Reported That Fire Prevention Week Would Begin On October 9th And The Theme For The Hundredth Anniversary Was Fire Won’t Wait. Bowen Pointed Out That The Fire Department Was Continuing To Conduct Business And Apartment Inspections. He Concluded By Informing Everyone That The National Shake Out Earthquake Safety Event Would Take Place October 20th.
Mayor Graham Thanked The Fire Department For Assisting With The Crows Landing Clean-Up Event.
13. Items From City Council Members.
Council Member Ball Stated That The Two-On-Two Meeting With The School District Was Great And Noted That The City Had A Good Working Relationship With The Newman Crows Landing School District.
Council Member McDonald Agreed With Council Member Ball And Stated That He Also Felt That The Two-On-Two Meeting Had Been Productive.
Council Member Pimentel Stated That The New Vaccine For The COVID Variant Was Now Available In Newman And Reminded Everyone To Get Their Flu Shot.
Mayor Graham Thanked Everyone That Attended The Council Meeting.
14. Adjournment.
ACTION: On A Motion By Ball Seconded By McDonald And Unanimously Carried, The Meeting Was Adjourned At 7:52 P.M.
City of Newman
Director of Publ-ic Works Office
Memorandum
Date: October 11, 2022
To: City of Newman City Council
From: Kathryn Reyes, Director of Public Works
Agenda Item: 8.d.
Subject: Agenda Item No. 8.d. -Authorize City Manager to execute an agreement with EMC Planning Group Inc. for the preparation of a CEQA-Plus document for the City of Newman Influent Sewer Phase II Project
The City of Newman is proposing to construct a new sewer within ex1stmg roadways from the intersection of Canal School Road and Hills Ferry Road to the wastewater treatment and reclamation facility headworks. The new sewer would run approximately two miles. The project will be constructed in two phases the first phase going out to bid later this year.
The City is seeking grant funds from the State Water Resources Control Board, Division of Financial Assistance, which administers the Clean Water State Revolving Fund Program to construct Phase 11 of the trunk line replacement. The project is considered a project under the California Environment Quality Act (CEQA), and therefore, the City must conduct environmental review prior to approval of the project.
The city solicited quotes for the environmental work and received two:
Stantec Consulting Services Inc.
EMC Planning Group Inc.
$67,921.00
$53,522.50
The lower quote is from EMC Planning Group in the amount of $53,522.50. The City considers EMC well qualified to conduct the environmental review as we have worked with EMC in the past with the T Street Annexation and currently with the Caton Ranch Annexation and Mattos Ranch II projects. Staff requests authorization for the city manager to enter into an agreement to complete the environmental review for the Influent Sewer Phase II project.
ATTACHMENTS:
1. EMC Planning Group Inc. Proposal
PROPOSAL
CITY OF NEWMAN INFLUENT SEWER
IMPROVEMENT PROJECT
CEQA/NEP A COMPLIANCE
PREPARED FOR
City of Newman
Michael Holland, City Manager
938 Fresno Street
Newman CA 95360
Tel 209.862.3725
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
September 22, 2022
This Jncumcnt was produced on recycled paper.
Table of Contents
1.0 ScorE OF Woru<:. .............................................................................................................. 1-1
1.1 Project Understanding and Location ................................................................................... 1-1
1.2 CEQA/NEP A Compliance Requirements ........................................................................ 1-2
1.3 Tasks ......................................................................................................................................... 1-2
2.0 BUDGET AND SCHEDULE ................................................ ................................................ 2-1
2.1 Budget ...................................................................................................................................... 2-1
2.2 Preliminary Schedule .............................................................................................................. 2-1
1.1 Project Understanding and Location
1.0 Scope of Work
The city of Newman is located on the west side of the San Joaquin Valley, along the southern boundary of Stanislaus County, just west of the confluence of the San Joaquin River and the Merced River. The City of Newman (City) owns and operates a wastewater treatment and reclamation facility located approximately one mile northeast of Newman, west of the San Joaquin River, and southeast of Hills Ferry Road. The wastewater treatment and reclamation facility treats all of the wastewater from Newman with portions of the facility and associated use areas located both in Stanislaus County and Merced County. The existing influent sewer has two parallel trunk lines (an 18-inch pipe, and a 21-inch pipe [an abandoned 12-inch sewer follows the same corridor]) that extend from the corner of Canal School Road and Hills Ferry Road to the headworks of the facility.
The City of Newman is proposing to construct a new sewer within existing roadways from the intersection of Canal School Road and Hill Ferry Road to the wastewater treatment and reclamation facility headworks. The map provided indicates the new sewer would run approximately two miles.
According to the Stantec technical memorandum, the new alignment would require approximately 2,200 feet of additional pipe and five manholes. The existing sewer pipe would be abandoned in place except where removal is necessary to provide clearance for the new sewer pipe, or the existing pipe interferes with farming operations. The existing easements across agricultural land could be vacated once the new sewer is in operation. It is assumed that the vacated easements may be traded for new easements along the edge of Hills Ferry Road, though this arrangement requires further discussions between the City and property owners.
It is anticipated that the new influent sewer pipe would be constructed in phases, the first phase being the downstream portion on the wastewater treatment and reclamation facility land. The downstream connection would be at the treatment plant and the upstream end of Phase 1 would be where the new sewer alignment crosses the existing influent sewer alignment. Approximately 4,959 feet of sewer pipe and as many as 15 manholes would be constructed along with a junction box located at the upstream end of the new Phase 1 sewer alignment where it intercepts the existing sewer alignment. This junction box would be removed when Phase 2 (the upstream portion) is completed.
The proposed project does not include increasing the capacity of the sewer treatment plant.
Section 1.0 Scope of Work 1-1
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
The City is seeking funds from the State Water Resources Control Board (State Water Board), Division of Financial Assistance, which administers the Clean Water State Revolving Fund Program pursuant to 40 Code of Federal Regulations Part 35 to assist in financing the City of Newman Influent Sewer Improvement Project. The program loan fund is capitalized by federal grants, state match money, loan repayments, and other earnings of the fund. Projects that are supported with funds directly made available by federal capitalization grants (i.e., projects funded in amounts equaling the grant), called federally assisted projects, must comply with several federal and state legal requirements.
1.2 CEQA/NEPA Compliance Requirements
The influent sewer improvement project is considered a project under the California Environment Quality Act (CEQA), and therefore, the City must conduct environmental review prior to approval of the project. EMC Planning Group reviewed the CEQA statutes and guidelines to determine if the project may qualify for a statutory or categorical exemption under CEQA, and it appears that no statutory or categorical exemptions apply.
The State Water Board has developed its own "NEPA-like" State Environmental Review Process, which utilizes the environmental documents developed under the CEQA as well as documents prepared for compliance with specified federal environmental laws and regulations (also referred to as federal cross-cutters) for its "NEPA-like" process (which is referred to as "CEQA-Plus"). The CEQA-Plus process complies with the required elements outlined in 40 C.F.R. section 35.3140(b) and refers to the documents prepared for the CEQA as well as the supplemental information provided for compliance with the applicable federal cross cutters authorities.
Therefore, EMC Planning Group proposes preparation of a CEQA-Plus document, which consists of a CEQA initial study, but includes additional documentation necessary to comply with NEPA.
EMC Planning G~oup has prepared these documents in the past, with the most recent (2021) for the City of San Juan Bautista sanitary sewer force main from San Juan Bautista to the waste water treatment plant in Hollister.
1.3 Tasks
The following scope of work is proposed:
Task 1 Management and Administration
This task includes the following: coordinate staff; provide CEQA and NEPA consultation for the City; Zoom meetings and telephone conferences, general management; and administration.
Section 1.0 Scope of Work 1-2
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Task2 Project Description
This task includes the following:
Document Review
The following documents will be reviewed:
• Project plans and any design reports prepared for the project; • Preliminary Environmental Constraints Assessment for the City of Newman Influent Sewer Improvement Prqject Technical Memorandum (Stantec, June 23, 2022)
• City of Newman 2030 General Plan (2007);
• City of Newman 2030 General Plan Environmental Impact Report. (2006-07); and • Recent CEQA documentation prepared for projects in the general vicinity, if available .
Site Investigation and Consultation with City Design Team EMC Planning Group will conduct at least one site investigation to document the existing setting and identification of environmental resources.
EMC Planning Group will consult with City staff and the City design team to gain an understanding of the project components.
Prepare Project Description
EMC Planning Group will prepare a project description to be used in the CEQA-Plus Initial Study, as well as the technical documentation associated with preparation of the initial study and the environmental package for construction required by the State Water Board.
A draft project description, with graphics, will be provided for review and comment by City staff and the City design team. Once approved, it will be used in document preparation.
Task3 Tribal Consultation
This task would be conducted as soon as possible after authorization to proceed, and consists of assisting the City with tribal consultation as required by CEQA and AB52, and Section 106 (NEPA).
Tasks are detailed under Cultural Resources within Task 4 below.
Task4 Draft CEQA-Plus Initial Study/Mitigated Negative Declaration The CEQA-Plus Initial Study will analyze each of the environmental issue areas under Appendix G of the CEQA Guidelines, as well as the requirements of the State Water Board requirements for NEPA compliance.
Section 1.0 Scope of Work 1-3
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Aesthetics
This section will address the following issues: adverse effect on a scenic vista, damage scenic resources within a state scenic highway, degrade the existing visual character or quality of public views of the site and its surroundings, and create a new source of substantial light or glare that would adversely affect day or nighttime views in the area.
Agriculture and Forestry Resources
This section will address the potential for impacts to important farmland or conflict with Williamson Act zoning.
Air Quality
The project site is located in the San Joaquin Valley Air Basin (air basin). The San Joaquin Valley Air Pollution Control District (air district) has jurisdictional authority within the air basin. The proposed project would generate criteria air pollutant emissions during construction. There are sensitive receptors near the project route (residents along Hills Ferry Road) that would be exposed to project construction emissions or odors during construction.
This section of the initial study will address whether the project would conflict with or obstruct implementation of the applicable air quality plan or result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard. The analysis will include an evaluation of project conformance to the federal Clean Air Act.
The following tasks will be completed:
•
•
•
Project construction criteria air pollutant emissions (consistent with air district guidance for indirect source review) in addition to greenhouse gas (GHG) emissions will be quantified using CalEEMod. The project description and plans will be used to identify potential sources of air pollutants and to develop the model data inputs. The air district accepts the use of CalEEMod defaults for construction equipment, which will be used in this analysis. The model methodology, assumptions and results will be summarized in the initial study. Modeled results for GHG emissions will be used in the analysis of GHG impacts.
Review project information and current air district documents, policies, and regulatory requirements applicable to the proposed project;
Compare CalEEMod results to air district's construction and operational impact thresholds to determine if the proposed project would result in significant impacts from criteria air pollutant emissions; and
• Present mitigation measures, if necessary, to reduce significant impacts to a less-than-significant level.
Section 1.0 Scope of Work 1-4
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Biological Resources
Based on review of the preliminary environmental constraints assessment prepared by Stantec and a preliminary review of aerial photographs, the project site currently consists of dirt and/ or paved roadways partially adjacent to a residential neighborhood, and within active agricultural land. There are no aquatic features shown in the National Wetlands Inventory within the project boundary (U.S.
Fish and Wildlife Service 2022), however agricultural channels are visible in aerial photographs in the vicinity.
According to the preliminary environmental constraints assessment prepared by Stantec and the California Natural Diversity Database (California Department of Fish and Wildlife 2022), five specialstatus plant species were recorded in the project vicinity. None of the species are expected to occur in along paved or unpaved agricultural roads, however the determination of whether potential habitat is present should be made during a site survey.
Twenty-one special-status wildlife species were recorded in the project vicinity; however, most species are unlikely to occur due to lack of suitable habitat within the project impact area. One species, Swainson's hawk (Buteo swainsoniz) has the potential to utilize trees in the vicinity for nesting and forage over agricultural fields, including the project site. The determination of whether potential habitat for Swainson's hawk and/ or other special-status species should be made during a site survey.
This evaluation will assess potential habitat present for special-status species in the area and recommend mitigation measures for the protection of biological resources, if necessary. If suitable habitat is identified, recommendations may also include the need for additional specific or protocollevel surveys to be conducted during an appropriate time of year.
The following scope of work includes tasks to conduct a reconnaissance-level biological survey and prepare a section addressing biological resources in a CEQA-Plus initial study.
Taskl Research
Compile and review available project information, including project plans and aerial photographs. It is assumed that the proposed project impact area, including the proposed pipeline route, access routes and staging areas, will be provided in map form. A review of current database searches will be conducted to determine the special-status species that have been recorded as occurring within the general project vicinity based on the California Department of Fish and Wildlife's California Natural Diversity Database, the California Native Plant Society Rare and Endangered Plant Inventory; the US Fish and Wildlife Service Endangered Species Program, the US Fish and Wildlife Service National Wetlands Inventory; and other biological studies conducted in the vicinity of the project site, including those prepared by EMC Planning Group for the Caton Ranch and Mattos Ranch projects.
Section 1.0 Scope of Work 1-5
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Task2 Reconnaissance-level Field Survey
Complete a reconnaissance-level field survey to (1) identify and map the principal plant communities; (2) assess the potential for special-status species and their habitats, wildlife movement corridors, potentially jurisdictional wetlands and waterways, regulated trees, and other significant biological resources to occur; and (3) identify and map any observed locations of special-status species and/ or habitats. Plant and wildlife species observed during the survey will be recorded in field notes. Any special-status species observed will be reported to the California Natural Diversity Database in compliance with California Department of Fish and Wildlife permit requirements, after the information is provided to the client.
Task3 CEQA-Plus Initial Study Section
Prepare the biological resources section of the initial study, describing existing habitats and plant and animal species found on the project site, and the occurrence of and/ or potential for special-status species and their habitats. If needed, one or more figures will be prepared to illustrate habitat types and the location(s) of special-status species occurring on or in the vicinity of the project site.
Potential impacts to biological resources will be identified, and mitigation measures will be provided to minimize potential impacts when possible.
Note: Focused surveys for specific plant and/ or animal species are not included in this proposed scope of work. The presence or absence of certain species can be determined during the reconnaissance-level site assessment. If appropriate habitat for other sensitive species is observed during the site assessment, species-specific surveys may be required (i.e., surveys for annual plants not in bloom at the time of the reconnaissance-level survey, ·protocol-level surveys for special-status wildlife species, etc.). Species-specific survey requirements will be determined based on the results of the reconnaissance-level site assessment.
Cultural Resources (Historic Property Identification Report) This section will address whether the project would have an adverse impact on historical or unique archaeological resources. The following tasks would be completed, which would also satisfy the SRF Guidelines for Applicants and their Consultants on Preparing Historic Property Identijication Reports for the Clean and Drinking Water State Revolving Fund (SRF) Programs CTuly 13, 2020).
Prepare the Area of Potential Effects (APE) and Map
The APE will be described in both horizontal and vertical terms (belowground and aboveground elevation) and will include all components of the undertaking that have the potential to effect cultural resources, such as, construction footprint, staging areas, borrow areas, spoils locations, utility tie-ins, new access roads, vibrations, and visual effects, if applicable. The APE can be contiguous or, discontinuous. The archaeologist will work with the City's design team to assist with identification of the APE. The APE map will also be prepared. The APE and map will be submitted to the State Water Board Environmental Review Process staff for review and approval.
Section 1.0 Scope of Work 1-6
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Literature Review
The literature review will include a records search from the Central California Inform~tion Center of the California Historical Resources Information System with GIS maps of resources and reports.
Pre-field research will also include a review of historic-era maps (e.g., General Land Office Survey Plats, USGS topographic quadrangles, Rancho maps, Sanborn Fire Maps, official county maps etc. as appropriate and available).
Tribal and Additional Consulting Party Coordination
. This task will include contacting the Native American Heritage Commission and requesting a Sacred Lands File search of the APE and a Native American contact list. Letters will then be sent to the tribes and other interested parties, such as local historical societies, with the undertaking description, map, and contact information. The State Water Board provided Applicant 106 Template for tribal notification letters will be used. Follow-up all letters with a phone call or email to make sure the parties received the information and to answer questions and receive comments. All correspondence will be provided in a tracking table, and will include all correspondence in an appendix to the report.
Lack of responses will also be documented.
This consultation will also meet the requirements of CEQA and AB 52 tribal consultation.
Field Inspection 1lf ethods and Results
Tailor the field methodology to the APE conditions and kinds of resources that may be present.
Describe the ground visibility, kind of survey, and transect intervals if used. Document all potential historic properties on the appropriate Department of Parks Recreation 523 forms.
Prepare the Historic Property Identification Report
The report will be prepared documenting all of the research, consultation, and field inspection, and evaluate all prehistoric and historic-era sites, districts, buildings, structures, objects, and sites of religious and cultural significance in the APE that are 50 years old or older, that have not already had a consensus determination and are potentially significant for the National Register of Historic Places. A cultural resource is a prehistoric or historic district, site, structure, or object that is at least 50 years old, regardless of historical significance. This scope of work and budget assumes that no historic structures would be affected associated with the proposed project.
Prepare the Cultural Resources Section of the CEQA-Plus Initial Study This section will summarize the conclusion of the Historic Property Identification Report.
Energy
The proposed project will require energy for construction. The primary common sources of energy consumption from a pipeline project are fuel use in vehicles traveling to and from the project site, as well as construction vehicles. For the proposed project, transportation fuel demand and natural gas use would likely be negligible. Electrical energy demand will be quantified based on the air Section 1.0 Scope of Work 1-7
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
quality/GHG modeling methodology presented above, and qualitatively evaluated for transportation fuel and natural gas. The impact evaluation will assess whether the energy needs of the project would be wasteful, inefficient, or unnecessary, or if it would conflict with a state or local plan for renewable energy or energy efficiency.
Geology/Soils
This section addresses earthquake faults, seismic ground shaking, liquefaction, soil erosion, unstable geologic units, expansive soil, and unique paleontological resources or unique geologic features. This scope of work does not include preparation of an engineering geology or geotechnical report.
Greenhouse Gas Emissions
Construction of the proposed project would result in GHG emissions. The following tasks will be completed:
• Briefly summarize the existing climate change setting; • Briefly summarize applicable existing climate change policy and regulatory setting; • Present City-proposed measures or features of the project that reduce energy demand, if any; • Reference results of the project air quality/GHG emissions modeling analysis to identify net GHG emissions that would be generated by construction of the project; and • Compare projected GHG emissions to the threshold of significance .
Hazards & Hazardous Materials
This section addresses public hazards such as transportation, disposal, and accidental release of hazardous materials and wildfire.
Hydrology/Water Quality
This section addresses the following issues: water quality standards, waste discharge requirements, degradation of surface or ground water quality; groundwater supplies; drainage patterns, erosion or siltation; flooding; risk of pollutant release due to flood, tsunami, or seiche; and project conflicts with the water quality control plan and sustainable groundwater management plan.
Land Use/Planning
This section addresses dividing established communities and conflicts with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.
Mineral Resources
This section addresses impacts to known mineral resources.
Section 1.0 Scope of Work 1-8
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Noise
This section addresses the project's potential for noise and ground-borne vibration impacts in the vicinity of the project site.
Population/Housing
This section addresses unplanned population growth and displacement of housing or people. This analysis assumes that the proposed project does not include increasing the capacity of the sewer treatment plant.
Public Services
This section addresses potential environmental impacts associated with providing fire protection, police protection, schools, and parks.
Recreation
This section addresses potential environmental impacts associated with increased use of park facilities.
Transportation
This section addresses the following issues: potential conflicts with a program, plan, ordinance, or policy addressing the circulation system; project vehicle miles traveled; road hazards and incompatible uses; and emergency access.
Note: We assume that operations of the proposed project would not result in more than 110 new vehicle trips per day and therefore, no vehicle miles traveled (VMT) analysis is necessary.
Tribal Cultural Resources
This section will summarize the tribal consultation process, discussed in more detail under Cultural Resources above.
Utilities/Service Systems
This section will address new or expanded water, storm water drainage, electric power, natural gas, and telecommunications facilities, the construction or relocation of which could cause significant environmental effects.
Wildfire
This section will address whether or not the project site is in or near a very high fire hazard severity zone and if so, would the project impair an adopted emergency response plan, expose project occupants to pollutant concentrations from a wildfire, require installation of infrastructure that may exacerbate fire risk, or expose people or structures to significant risks associated with flooding or landslides as a result of post-fire conditions.
Section 1.0 Scope of Work 1-9
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Compliance with Federal Laws and Regulations
This section will summarize the federal environmental laws and regulations that apply to the project and describe the project's compliance with those laws and regulations. The federal regulations addressed in this section are based on guidance from the State Water Resources Control Board for CEQA-Plus environmental review related to SRF loans.
Alternatives
This chapter will include a discussion of alternatives to the proposed project in compliance with State Water Resources Control Board CEQA-Plus requirements related to SRF loans and per U.S.
Environmental Protection Agency guidance for environmental information documents related to Special Appropriation Fund Grants. These alternatives are provided to meet the CEQA-Plus requirements, although not required for compliance with CEQA.
Sources
This section of the CEQA-Plus Initial Study will identify all of the sources used in preparation of the document.
An electronic copy of the draft CEQA-Plus Initial Study /Mitigated Negative Declaration will be provided for review and comment by City staff and the City design team.
Task 5 Public Review CEQA-Plus Initial Study/Mitigated Negative Declaration
Revise the draft CEQA-Plus Initial Study/Mitigated Negative Declaration and submit one (1) electronic screen check version for final review and comment by City staff.
Revise the screen check draft CEQA-Plus Initial Study/Mitigated Negative Declaration and prepare the public review CEQA-Plus Initial Study /Mitigated Negative Declaration for public circulation.
Documentation will be provided electronically.
Task6 Noticing and Distribution
This task includes preparing the following required CEQA notices and distributing them as required by CEQA (State Clearinghouse and local and regional agencies, and County Clerk):
• Notice of Intent to Adopt a Negative Declaration; and • Notice of Completion of an Initial Study/Negative Declaration .
This task also includes distributing the CEQA-Plus Initial Study/Mitigated Negative Declaration with the notice of intent for the required 30-day public review period. Documentation will be provided electronically.
Section 1.0 Scope of Work 1-10
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
Task 7 Response to Public Comments
This task consists of preparing draft and final responses to public comments received during the public review period, to be used in City staff's report to the City Council for adoption of the CEQA-Plus Initial Study/Mitigated Negative Declaration. Documentation will be provided electronically.
Task 8 Mitigation Monitoring and Reporting Program
This task consists of preparing a draft and final mitigation monitoring and reporting program.
Documentation will be provided electronically.
Task 9 Attendance at Public Hearing
This task consists of attendance at one public hearing for adoption of the CEQA-Plus Initial Study /Mitigated Negative Declaration, to answer questions on the environmental review documentation. The budget assumes the public hearing will be held in person at city hall.
Task 10 Notice of Determination
This task consists of preparing the notice of determination and filing it with the State Clearinghouse and the County Clerk. Filing the notice with the County Clerk requires a $2,598 recording fee. EMC Planning Group will send the NOD to City staff for City staff to file with the County Clerk.
Task 11 SRF Environmental Package (Construction)
This task consists of preparing the Environmental Package, which is part of the State Water Resources Control Board Financial Assistance Application for the Clean/Drinking Water State Revolving Fund. No new analysis is required for this Environmental Package. All of the data necessary to complete this package will be included in the CEQA-Plus Initial Study /Mitigated Negative Declaration. Documentation will be provided electronically.
Section 1.0 Scope of Work 1-11
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance EMC Planning Group
September 2022
2.1 Budget
A detailed budget is presented on the following page.
2.2 Preliminary Schedule
A preliminary schedule is presented after the budget.
Section 2.0 Budget and Schedule 2-1
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance
2.0 Budget and Schedule
EMC Planning Group
September 2022
I - --- --- --- -------------------- ------------------------------- - - - -- - --- City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance Budget Task EMC Planning Group Inc.
Staff Senior Principal Associate Reg. Prof. Principal Associate Graphics Production Ad min./ Principal Planner Archaeologist Biologist Biologist Manager Production Total Total Cost Hours Billing Rate (Per Hour) $250.00 $225.00 $150.00 $125.00 $190.00 $130.00 $95.00 $125.00 $115.00
1. Management and Administration 8.0 0.0 16.0 0.0 0.0 0.0 0.0 0.0 4.0 28.0 $4,860.00
2. Project Description 4.0 0.0 8.0 0.0 1.0 0.0 4.0 0.0 0.0 17.0 $2,770.00
3. Tribal Consultation (See Task 4) 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 1.0 $125.00
4. Draft CEQA-Plus Initial Study/MND 16.0 16.0 60.0 40.0 8.0 42.0 16.0 4.0 0.0 202.0 $30,600.00
5. Public Review CEQA-Plus Initial Study/MND 4.0 4.0 8.0 1.0 1.0 0.0 2.0 4.0 0.0 24.0 $4,105.00
6. Noticing and Distribution 1.0 0.0 4.0 0.0 0.0 0.0 0.0 0.0 4.0 9.0 $1,310.00
7. Response to Public Comments 4.0 0.0 8.0 1.0 4.0 0.0 0.0 0.0 0.0 17.0 $3,085.00
8. Mitigation Monitoring and Reporting Program 0.0 0.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 $900.00
9. Attendance at Public Hearing 1.0 0.0 12.0 0.0 0.0 0.0 0.0 0.0 0.0 13.0 $2,050.00
10. Notice of Determination 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 $300.00
11. SFR Environmental Package (Construction) 2.0 0.0 8.0 0.0 1.0 0.0 0.0 1.0 0.0 12.0 $2,015.00 Subtotal (Hours) 40.0 20.0 132.0 43.0 15.0 42.0 22.0 9.0 8.0 Total Hours Total Cost Subtotal (Cost) $10,000.00 $4,500.00 $19,800.00 $5,375.00 $2,850.00 $5,460.00 $2,090.00 $1 ,125.00 $920.00 331.0 $52,120.00 ~-----~~~~~~~~~~~~~~--~~~~~~~~~~~~~--~- ~~~~~~~------- -- ---- - -- ---- - - --- ·----- ------------ Additional Costs
Production Costs $200.00
Travel Costs $325.00
Postal/Deliverables $200.00
Miscellaneous (CCIC Records Search and CNDDB) $550.00
Administrative Overhead 10% $127.50
Total $1,402.50
$53,522.50
NOTE: This proposal is valid for 90 days
City of Newman Influent Sewer Improvement Project CEQA/NEPA Compliance Schedule Start Oct2022 I Nov2022 I Dec2022 Jan 2023 I Feb 2023 I Mar2023 Apr2023 May 2023 I Jun 2023 Jul 2023 Activity Name I Date Finish Date 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 1 Authorization to Proceed 10/ 17/ 22 10/ 17/22
·• l
2 Project Description 10/ 17/ 22 11 / 4/ 22 I 3 Tribal Consultation 10/17 / 22 12/ 23/ 22 - ! 4 Draft CEQA Plus Initial Study / MND 11 / 4/ 22 2/ 28/ 23 i 5 Lead Agency Review 3/ 1/ 23 3/15/23 .... 11111 l 6 Public Review Document 3/ 16/23 3/30/23 c_. ;::;I 7 Noticing and Distribution 3/31/ 23 4/7/23 ... 8 30 day Public Review Period 4/ 10/23 5/ 10/23 9 Response to Comments/MMRP 5/ 11 / 23 5/31 / 23
10 Public Hearing 6/ 1/ 23 6/29/23
11 Notice of Determination 6/30/23 6/30/23 l
12 SFR Environmental Package 7/3/23 7/ 14/ 23
25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 -2 -9 16 23 30 Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.a.
City Council Meeting
of October 11, 2022
AN ORDINANCE AMENDING TITLE 8, HEALTH AND SANITATION, OF THE NEWMAN MUNICIPAL CODE, ADDING CHAPTER 8.11, UNLAWFUL CAMPING, TO PROHIBIT CAMPING
AND STORAGE OF PERSONAL PROPERTY ON PUBLIC AND PRIVATE PROPERTY RECOMMENDATION:
It is recommended that City Council introduce by title and waive first reading of Ordinance No. 2022- , amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping, prohibiting camping and storage of personal property on public and private property within the city limits in the City of Newman.
BACKGROUND:
Over the past several years, the City of Newman has experienced an increase in nuisance behavior, particularly in the City's parks, downtown business district, and shopping centers. The activities include, but are not limited to, camping, sleeping, bathing in public, and storing personal property within the aforementioned areas of the City. As a result, over the past several years numerous calls for law enforcement service have been received to address matters such as physical fights, verbal disturbances, accumulation of garbage debris, fires, vandalism, sleeping on public sidewalks, public intoxication, public nudity, and public urination and defecation. These types of activities disrupt City commerce, cause City residents to avoid these areas as a result of feeling unsafe, creates a genuine concern for public health, and negatively impacts the overall quality of life for the residents of the City of Newman.
Also, in addition to individuals sleeping on public sidewalks and thereby obstructing a public way, the storage of unattended property in public areas such as shopping carts on sidewalks creates ADA compliance concerns. The streets and public areas within the City should be readily accessible and available to residents and the public at large.
There are a number of both public and private resources available for individuals who may be in need of assistance, in addition to several long term shelters and drop in shelters located within approximately 30 miles of the City of Newman.
In order to protect City residents, the business community, and the City's public resources, the proposed ordinance contains a number ofrestrictions. Those restrictions include (1) prohibiting camping on public and private property; (2) prohibiting the distribution of food, clothing, currency, or other goods to those actively engaged in unlawful camping; (3) prohibiting storing personal property on public or private property. A number of other jurisdictions have adopted ordinances similar to this proposal which address the matter of unlawful camping and storage of personal property.
ANALYSIS:
There are several facilities within Stanislaus County available for sheltering options. A men's and women's shelter - HOST House and Naomi's House - recently opened in nearby Patterson, and both Modesto and Turlock offer several shelter and housing services.
The HOST House located in Patterson, California is capable of sheltering 20 males, while Naomi's House, also in Patterson, can shelter 19 females. Both facilities offer showering, laundry services, all meals, free GED assistance, work development, and computer classes. Staff also helps to assist the guests in acquiring their drivers license, identification cards, social security cards, EBT, and MediCal. Additionally, Naomi's House offers daily activities to include Bible study, yoga, Zumba, and money management training. Naomi's House has separate cottages to accommodate both single women, as well as women with children. Each cottage contains a refrigerator and microwave, as well as a restroom with a shower. These locations are free of charge to guests, and they may stay as long as needed.
Public Works provided a breakdown of costs associated with a one-time clean-up of the downtown Plaza as being approximately $440.00. This included two employees cleaning trash for one hour each, one employee pressure washing for a total of four hours, and the use of a tractor, pickup truck, flatbed truck, and pressure washer.
From a law enforcement perspective, responding to these repeated calls for service to address the variety of previously mentioned complaints related to unlawful camping and storage of personal property takes away from the Agenda Item: 1 O.a.
already limited law enforcement resources available to the City of Newman. A quick review of some complaints received over the past two years and nine months revealed 3 5 incidents that led to a total of 15 hours and 18 minutes in law enforcement time spent on the calls. This sample size did not include self-initiated officer activity and time to address concerns, such as the storage of personal property, prior to the receipt of a call for service.
FISCAL IMPACT:
None. If Council recommends the proposed ordinance, the City will incur savings as a result of labor and material costs associated with necessary sanitation and clean up from the camp sites.
CONCLUSION:
In an effort to protect City residents, the business community, and the City's public resources, staff recommends the City Council review the following options presented and provide direction:
1. Add Chapter 8.11, Unlawful Camping, to Title 8; Health and Sanitation of the Newman Municipal Code to prohibit camping and storage of personal property on public and private property.
2. Take no action.
ATTACHMENTS:
1. Proposed Ordinance No. 2022- , amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping.
2. Daily county emergency shelter bed availability list Respectfully submitted,
Randy
~ Richardson
Chief of Police
REVIEWED/CONCUR:
Michael Holland
City Manager
ORDINANCE NO. 2022-
AMENDING TITLE 8, HEALTH AND SANITATION, OF THE NEWMAN MUNICIPAL CODE, ADDING CHAPTER 8.11, UNLAWFUL CAMPING, TO PROHIBIT CAMPING AND
STORAGE OF PERSONAL PROPERTY ON PUBLIC AND PRIVATE PROPERTY WHEREAS, the City of Newman has put a high priority on providing the best quality services to its citizens; and
WHEREAS, the City of Newman desires to maintain its public areas in a clean and accessible condition to allow people to use public areas for the purposes in which they are intended to be used; and WHEREAS, the City has the authority and the duty to keep its public property open and available for the purposes for which they were dedicated
WHEREAS, the public streets and other public property within the City should be readily accessible to all residents and the public at large; and
WHEREAS, the use of these areas for camping purposes or the storage of personal property interferes with the rights of others to use these areas for the purposes for which they were intended; and WHEREAS, the City Council finds that the Ordinance is in the best interest of the health, safety, and welfare of the City's residents to ensure that public spaces may be used for their intended purposes, the City's business community continues to thrive.
NOW, THEREFORE, the City Council of the City of Newman does hereby ordain as follows:
Section 1.
Chapter 8.11. Unlawful Camping, of Title 8, Health and Sanitation, of the Newman Municipal Code is added to read as follows:
Sections:
8.11.010
8.11.020
8.11.030
8.11.040
8.11.050
8.11.060
8.11.070
8.11.080
8.11.090
8.11.100
8.11. 010 Purpose.
Chapter 8.11
UNLAWFUL CAMPING
Purpose.
Definitions.
Unlawful Camping.
Storage of Personal Property on Public and Private Property.
Distribution of Food, Clothing, Currency or Other Goods.
Permit for Special Events Required.
Posting Copy of Permit.
Power of the City Manager to Make Rules and Regulations.
Current Ordinance Provisions.
Enforcement.
The streets and public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the City. The purpose of this Chapter is to maintain streets, parks and other public and private areas within the City in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the City. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
8.11.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application or words and phrases used in this Chapter.
"Camping" or "to camp" means the establishment, occupation, operation or maintenance of a camp site and/or the activity of living temporarily in the outdoors, on public or private property, either in the open air or using camp facilities and camp paraphernalia, including the erecting, placement, pitching, storing or using, as applicable, of camp facilities or camp paraphernalia for such purposes. "Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities or similar equipment.
"City Manager" means the City Manager or designee.
"Establish" means keeping or permitting equipment, supplies or material to remain on public or private property in order to camp or operate camp facilities.
"Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility. "Park" means any real property owned or leased or otherwise controlled by the City of Newman and which may legally be used for public recreation purposes. "Private property" means all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land.
"Public property" means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
8.11.030 Unlawful Camping.
It is unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. Any public property; or
B. Any private property.
1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than five (5) consecutive nights.
2. Nothing in this Chapter is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the City's comprehensive zoning ordinance or other laws, ordinances and regulations.
3. The City Manager may, as provided in Section 8.11.060 of this Chapter, issue a temporary permit to allow camping on public or private property in connection with a special event.
8.11.040 Storage of Personal Property on Public and Private Property.
It is unlawful for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:
A. Any public property; or
B. Any private property without the written consent of the owner.
8.11.050 Distribution of Food, Clothing, Currency or Other Goods.
It is unlawful for any person to distribute food, clothing, currency, or other goods of any kind to any person engaged in unlawful camping as defined in Section 8.11.020 of this Chapter.
8.11.060 Permit/or Special Events Required.
The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the City departments, youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various City departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City Council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located. Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code Section 3 70 the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter.
8.11.070 Posting Copy of Permit.
It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the City Manager in accordance with the provisions of Section 8.11.060 of this Chapter.
8.11.080 Power of the City Manager to Make Rules and Regulations.
The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of Section 8.11. 060 of this Chapter, the same may be revoked at any time thereafter by the City Manager ?f the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.
8.11.090 Current Ordinance Provisions.
Neither the adoption of the ordinance codified in this Chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
8.11.100 Enforcement.
A. A violation of this Chapter is a misdemeanor and a public nuisance. In addition to the remedies set forth in Penal Code Section 370, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.
B. Any citation issued for a violation of this Chapter may be dismissed upon review by the City Manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.
Section 2.
If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 3.
All other sections and provisions of Title 8 shall remain in full force and effect.
Section 4.
This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the West Side Index, a newspaper of general circulation, published and circulated in the City of Newman and thenceforth and thereafter the same shall be in full force and effect.
Introduced at a regular meeting of the City Council of the City of Newman held on the 11th day of October, 2022 and adopted at a regular meeting of said City Council held on the 25th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier, City Clerk
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Emergency Shelter Bed Availability
Date: September 29, 2022
Shelter Special Available Note Total Bed Contact Name Contact Email Contact Phone Instructions Beds Capacity Access Center Low Shelter Barrier 0 Call Doug for referrals 182 Jennifer Kennon ienoifg[.keooQn@y~.salvgtjon9rm)'.,org Email preferred 214-8775 Emergency Shelter Children Crisis Ages 0-17 35 35 Family Crisis Line 577-4413 Center -- CHS Youth Low Ages 18-24 4 18 Amian Alvarado aa~aradQ@teotelfo[bumaos.etYig;:s.gi:g; 526-1441 Barrier Shelter -- Becky Martinez t!martia~zl@tenterfQ!!:Juman~rvi~2[g CHS Hutton House Ages 13-17 4 -- 6 Amian Alvarado a~lvarado@ceat~!forhum~n~tvic§.0!'.9 526-1441 (Ext 548) Main Line Family Promise Families 0 1:50 14 Bobby Badelbou !;!Qbb)'.b@mooestofamil)'.g!'.Qmise.org 549-9454 (Ext 101) Modesto Gospel Men 22 call for referrals 95 Bryan Faulk bfaylk@mWJi~ion,org Email preferred 225-2906 Mission Modesto Gospel can for referrals I tpp bunk
Women 0 {filil/I. iad.flll.flll.ia tll.ml 40 Gina Marton gin~m@rm:m~siQn.org Email preferred 225-2917; 225-2925 Mission Patterson HOST Men 3 Mon - Fri only (at present) 20 Gene Martinez dbransooml:[email protected]:!cademi~~Qrg Email preferred 894-2652 House Rosie Raya Patterson Naomi's Women 2 -- 20 Dawn Branscombe; dbranscQml;[email protected] Email preferred 857-6828 House Rosie Raya Salvation Army Men 18 Call for referrals I tIIJl..JH!J!k Berberian 180 Kelly Lorenzo [email protected]~tionarm:l.org Email preferred 525-3750 Salvation Army Women 10 Call for referrals I t11/l. ll.u.all Berberian Turlock Gospel Men 0 Misison
Turlock Gospel Women 0 can for referrals 80 Thomas Hall [email protected] Email preferred 656-1033 Mission
Tur1ock Gospel overflow 16 Mission
Turning Point MPD 1 Garden Gate
Turning Point Men 0 Law Enforcement 11 Chaz Whitsell ChazWhlt:[email protected] 341-0718 or 569-0373 Garden Gate
Turning Point Women 0 Garden Gate
We Care Program Men 2 Email for referrals 49 Debbie Gutierrez gebbie@w~aretyclock.Qrg Email preferred 620-2414 Turlock
GRAND TOTAL 117 750
All-Gender 17
Men 45
Women 12
Youth 43
Children Crisis Center
· 1244 Fiori Avenue, Modesto, CA 95350
Hutton House
201 Jennie Street, Modesto, CA 95354
Family Promise
2301 Woodland Avenue, Suite 8, Modesto, CA 95358
Modesto Gospel Mission
1400 Yosemite Blvd, Modesto, CA 95354
Patterson HOST House
405 S. 4th Street, Patterson, CA 95363
Patterson Naomi's House
415 S. 4th Street, Patterson, CA 95363
Salvation Army Berberian Shelter
320 9th Street, Modesto, CA 95354
Turlock Gospel Mission
437 S. Broadway, Turlock, CA 95380
Turning Point Garden Gate
609 5th Street, Modesto, CA 95351
We Care Program
221 S. Broadway, Turlock, CA 95380