Newman City Council
January 24, 2023

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING JANUARY 24, 2023
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order.

2. Pledge Of Allegiance.

3. Invocation.

4. Roll Call.

5. Declaration Of Conflicts Of Interest.

6. Ceremonial Matters.

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

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The January 10, 2023 Meeting. (View Minutes) d. Adopt Resolution No. 2023- , A Resolution Approving The “Statement Of Investment Policy” For The City Of Newman. (View Report)

9. Public Hearings.

10. Regular Business
a. Adopt Resolution No. 2023- , A Resolution Adopting The Addendum To The Newman Community Conservation Area Master Plan Initial Study. (View Report) b. City Council Reorganization - Selection Of Mayor Pro Tem And Committee Assignments. (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
January 19 – Planning Commission – Cancelled.

January 24 – City Council - 7:00 P.M.

February 14 – City Council - 7:00 P.M.

February 16 – Planning Commission – 7:00 P.M.

February 20 – Presidents’ Day Holiday – City Offices Closed.

February 28 – City Council - 7:00 P.M.

AP Check Register
January 5, 2023 through January 19, 2023
1 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description All Traffic Solutions, Inc 10-33-6200 $ 107.88 121853 1/13/2023 Mobile User Interface Perpetual License
$ 107.88 121853 Total
Alvarez Aldo 10-22-6500 $ 49.99 121854 1/13/2023 Reimbursement for Gas/ Alvarez $ 49.99 121854 Total
Amazon Capital Services 10-22-6300 $ 89.45 121855 1/13/2023 Gas Container Holder $ 89.45 121855 Total
Animal Care Equipment & Services, LLC 10-21-6210 $ 319.50 121857 1/13/2023 Cat Dens $ 319.50 121857 Total
Animal Damage Management, Inc 69-47-6200 $ 810.00 121856 1/13/2023 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington
Pa
$ 810.00 121856 Total
AutoZone MS #1 10-22-6530 $ 38.69 121858 1/13/2023 Starter Kit $ 38.69 121858 Total
Bender Rosenthal, Inc 18-32-7739 $ 82.50 121859 1/13/2023 Highway 33 & Inyo Project $ 82.50 121859 Total
Bertolotti Newman Disposal 10-41-6200 $ 485.70 121861 1/13/2023 26 Yard Trash Bin Dumping@ 915 Yolo St
/ December 2022
Bertolotti Newman Disposal 10-33-6220 $ 333.96 121861 1/13/2023 40 Yard Trash Bin Dumping@ Corp
Yard/ December 2022
Bertolotti Newman Disposal 69-47-6220 $ 333.97 121861 1/13/2023 40 Yard Trash Bin Dumping@ Corp
Yard/ December 2022
Bertolotti Newman Disposal 69-47-6220 $ 78.00 121861 1/13/2023 26 Yard Trash Bin & Street Sweeping
Debris/ December 2022
Bertolotti Newman Disposal 10-33-6220 $ 78.00 121861 1/13/2023 26 Yard Trash Bin & Street Sweeping
Debris/ December 2022
Bertolotti Newman Disposal 10-41-6200 $ 512.77 121861 1/13/2023 26 Yard Trash Bin Dumping@ 1930 N St
/ December 2022
$ 1,822.40 121861 Total
Bertolotti Newman Disposal, Inc 10-00-5733 $ (5,058.54) 121860 1/13/2023 Monthly Contract Garbage Service/December 2022
Bertolotti Newman Disposal, Inc 10-00-5730 $ 19,222.44 121860 1/13/2023 Monthly Contract Garbage Service/December 2022
Bertolotti Newman Disposal, Inc 10-00-5080 $ (14,163.90) 121860 1/13/2023 Monthly Contract Garbage Service/December 2022
Bertolotti Newman Disposal, Inc 10-41-6200 $ 75,878.04 121860 1/13/2023 Monthly Contract Garbage

Service/December 2022
$ 75,878.04 121860 Total
BJ's Consumers Choice Pest Control, Inc 10-44-6200 $ 51.87 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 10-07-6665 $ 61.88 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 86.99 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 146.88 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 60-50-6200 $ 31.88 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 10-44-6660 $ 51.87 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 10-22-6200 $ 61.87 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 51.88 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
BJ's Consumers Choice Pest Control, Inc 10-21-6200 $ 61.88 121863 1/13/2023 Pest Control Services/City Hall/1162 Main/ December 2022
$ 607.00 121863 Total
Borrelli Susan 63-56-6300 $ 5.42 121864 1/13/2023 Reimbursement for Charcuterie Board/ Borrelli
Borrelli Susan 10-14-6300 $ 5.43 121864 1/13/2023 Reimbursement for Charcuterie Board/ Borrelli

AP Check Register
January 5, 2023 through January 19, 2023
2 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Borrelli Susan 60-50-6300 $ 5.43 121864 1/13/2023 Reimbursement for Charcuterie Board/ Borrelli
$ 16.28 121864 Total
Borrelli Travis 69-47-6200 $ 185.74 121914 1/13/2023 Portable Restroom Rental Service
$ 185.74 121914 Total
BURTON'S FIRE, INC 10-22-6200 $ 375.00 121865 1/13/2023 Pump Test $ 375.00 121865 Total
BUSINESS CARD 10-07-6300 $ 33.72 121866 1/13/2023 Plug Ins BUSINESS CARD 60-50-6200 $ 5.39 121866 1/13/2023 Amazon Prime BUSINESS CARD 10-22-6690 $ 340.52 121866 1/13/2023 Hotel Stay/ Bowen BUSINESS CARD 10-14-6420 $ 209.24 121866 1/13/2023 Telephone Service/Long Distance December 2022
BUSINESS CARD 10-44-6200 $ 5.39 121866 1/13/2023 Amazon Prime BUSINESS CARD 10-22-6300 $ 43.79 121866 1/13/2023 Vacuum BUSINESS CARD 68-68-6620 $ 37.75 121866 1/13/2023 Christmas Tree Storage Bag BUSINESS CARD 10-22-6300 $ 32.00 121866 1/13/2023 Postage BUSINESS CARD 10-22-6690 $ 226.60 121866 1/13/2023 EMS Training Renewal BUSINESS CARD 63-56-6300 $ 487.53 121866 1/13/2023 Injection Check Valves BUSINESS CARD 10-22-6690 $ 8.72 121866 1/13/2023 Training Lunch BUSINESS CARD 10-22-6690 $ 575.00 121866 1/13/2023 Fire Investigator Training/ Bowen BUSINESS CARD 60-50-6420 $ 209.24 121866 1/13/2023 Telephone Service/Long Distance December 2022
BUSINESS CARD 10-22-6300 $ 31.28 121866 1/13/2023 Charger BUSINESS CARD 60-50-6200 $ 36.33 121866 1/13/2023 Ayera BUSINESS CARD 10-21-6420 $ 169.98 121866 1/13/2023 Internet Service Newman to Ceres/PD/ 1 -6-23 to
2-5-23
BUSINESS CARD 10-22-6420 $ 412.23 121866 1/13/2023 Telephone Service/Long Distance

December 2022
BUSINESS CARD 10-07-6300 $ (33.72) 121866 1/13/2023 Credit for Plug Ins BUSINESS CARD 10-22-6300 $ 9.55 121866 1/13/2023 Postage BUSINESS CARD 63-56-6200 $ 5.39 121866 1/13/2023 Amazon Prime BUSINESS CARD 10-45-6420 $ 209.24 121866 1/13/2023 Telephone Service/Long Distance December 2022
BUSINESS CARD 10-22-6690 $ 607.18 121866 1/13/2023 Hotel Stay/ Bowen BUSINESS CARD 63-56-6635 $ 290.00 121866 1/13/2023 Water Operator Continuing Education Training/ Reyes BUSINESS CARD 68-68-6620 $ 169.65 121866 1/13/2023 Christmas Tree Storage Bags BUSINESS CARD 63-56-6420 $ 209.24 121866 1/13/2023 Telephone Service/Long Distance December 2022
BUSINESS CARD 10-22-6690 $ 150.00 121866 1/13/2023 Risk Management Training BUSINESS CARD 10-22-6690 $ 605.00 121866 1/13/2023 Fire Inverstigator Training/ Bowen BUSINESS CARD 10-22-6690 $ 15.45 121866 1/13/2023 FPO Training / Bowen BUSINESS CARD 68-68-6620 $ 169.85 121866 1/13/2023 Christmas Tree Storage Bags BUSINESS CARD 10-14-6200 $ 36.34 121866 1/13/2023 Ayera BUSINESS CARD 68-68-6620 $ 166.25 121866 1/13/2023 Christmas Tree Storage Bags BUSINESS CARD 63-56-6300 $ 44.52 121866 1/13/2023 Shovel Brackets BUSINESS CARD 63-56-6200 $ 36.33 121866 1/13/2023 Ayera

AP Check Register
January 5, 2023 through January 19, 2023
3 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description BUSINESS CARD 10-22-6300 $ 19.80 121866 1/13/2023 Postage BUSINESS CARD 68-68-6620 $ 169.85 121866 1/13/2023 Christmas Tree Storage Bags $ 5,744.63 121866 Total
CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,000.00 121867 1/13/2023 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,000.00 121867 1/13/2023 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,000.00 121867 1/13/2023 Grant writing/Lobbying $ 3,000.00 121867 Total
Cardmember Service 10-01-6620 $ 78.75 121868 1/13/2023 Newman Chamber 4 Kids Holiday Donations
Cardmember Service 10-01-6620 $ 13.70 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 68-68-6620 $ 3.23 121868 1/13/2023 Duct Tape Cardmember Service 10-01-6620 $ 194.90 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 10-01-6620 $ 284.73 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 10-45-6690 $ 25.24 121868 1/13/2023 Gas Cardmember Service 10-01-6620 $ 63.18 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 10-01-6620 $ 443.94 121868 1/13/2023 Newman Chamber 4 Kids Holiday Donations
Cardmember Service 10-01-6620 $ 24.93 121868 1/13/2023 Newman Chamber 4 Kids Holiday Donations
Cardmember Service 10-45-6690 $ 40.21 121868 1/13/2023 Gas Cardmember Service 10-45-6300 $ 25.23 121868 1/13/2023 Teen Center Suppplies Cardmember Service 10-01-6620 $ 56.98 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 10-45-6690 $ 40.16 121868 1/13/2023 Gas Cardmember Service 10-01-6620 $ 723.44 121868 1/13/2023 Newman Chamber 4 Kids Holiday Donations
Cardmember Service 10-45-6739 $ 38.97 121868 1/13/2023 Teen Center Snack Bar Supplies Cardmember Service 10-01-6620 $ 713.67 121868 1/13/2023 Newman Chamber 4 Kids Holiday

Donations
Cardmember Service 10-01-6620 $ 9.66 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 10-01-6620 $ 32.35 121868 1/13/2023 Christmas Decorations Cardmember Service 63-56-6530 $ 7.26 121868 1/13/2023 Bolt Supplies Cardmember Service 10-01-6620 $ 8.55 121868 1/13/2023 Mayors Meeting Supplies Cardmember Service 60-50-6530 $ 7.27 121868 1/13/2023 Bolt Supplies Cardmember Service 10-01-6620 $ 26.07 121868 1/13/2023 Christmas Decorations $ 2,862.42 121868 Total
CBA (ADMIN FEES) 10-00-2261 $ 292.50 121869 1/13/2023 Dental-Vision Admin Fees/ January 2023
$ 292.50 121869 Total
Cen-Cal Auto & Truck Parts/ NAPA 10-21-6530 $ 78.69 121894 1/13/2023 Windshield Wipers Cen-Cal Auto & Truck Parts/ NAPA 10-21-6530 $ 274.30 121894 1/13/2023 Windshield Wipers Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 39.88 121894 1/13/2023 Oil Absorb, Gloves Cen-Cal Auto & Truck Parts/ NAPA 10-22-6530 $ 31.27 121894 1/13/2023 Windshield Wipers Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 36.29 121894 1/13/2023 Windshield Wipers $ 460.43 121894 Total
City Certified Backflow Prevention 63-56-6200 $ 12,000.00 121871 1/13/2023 Cross Connection Survey

AP Check Register
January 5, 2023 through January 19, 2023
4 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 12,000.00 121871 Total
City of Ceres 10-21-6615 $ 16,500.00 121870 1/13/2023 Dispatch Service 1-1-23 to 2-31-23
$ 16,500.00 121870 Total
CODE PUBLISHING COMPANY 10-03-6265 $ 168.75 121872 1/13/2023 Municipal Code Update $ 168.75 121872 Total
COMCAST CABLE 10-46-6200 $ 8.52 121873 1/13/2023 Cable Service at Corp Yard $ 8.52 121873 Total
Datamars, Inc 10-21-6308 $ 410.83 121874 1/13/2023 Microchips for Animal Shelter/ PD $ 410.83 121874 Total
Dittos 10-21-6300 $ 667.81 121875 1/13/2023 Parking Citations $ 667.81 121875 Total
DJ Francis Electric 10-33-6200 $ 75.00 121876 1/13/2023 Repair on Pole $ 75.00 121876 Total
EMC Planning Group, Inc 10-00-2520 $ 3,324.45 121877 1/13/2023 Mattos Ranch Planning Analysis EMC Planning Group, Inc 10-00-2516 $ 1,084.50 121877 1/13/2023 Caton Ranch Planning Analysis $ 4,408.95 121877 Total
ESRI, Inc 10-06-6200 $ 400.00 121878 1/13/2023 Esri
$ 400.00 121878 Total
FRAZIER JOANIE 63-00-2010 $ 66.22 121918 1/13/2023 Refund Check 006021-000, 1028 GRACKLE COURT $ 66.22 121918 Total
Garcia Armando 10-33-6200 $ 460.00 121923 1/13/2023 General Tree Services Garcia Armando 10-33-6200 $ 1,520.00 121923 1/13/2023 General Tree Services $ 1,980.00 121923 Total
Garcia Bonifacio 63-56-6300 $ 8.10 121862 1/13/2023 Wrench Garcia Bonifacio 63-56-6300 $ 17.37 121862 1/13/2023 Pliers Garcia Bonifacio 63-56-6300 $ 42.85 121862 1/13/2023 Bags $ 68.32 121862 Total
GARTON TRACTOR 60-50-6530 $ 76.22 121879 1/13/2023 Oil
$ 76.22 121879 Total
Gridiron Training 10-21-6695 $ 1,040.00 121880 1/13/2023 POST Training/ Short, Williams $ 1,040.00 121880 Total
Guerrero's Tire and Auto Repair, LLC 10-22-6530 $ 30.00 121881 1/13/2023 Repair of Flat Tire on Ford Interceptor/
FD
$ 30.00 121881 Total
IDEXX LABORATORIES, INC. 63-56-6300 $ 447.70 121882 1/13/2023 Water Testing Supplies IDEXX LABORATORIES, INC. 63-56-6300 $ 77.50 121882 1/13/2023 Water Testing Supplies $ 525.20 121882 Total
INFOSEND, INC 60-50-6200 $ 1,176.84 121883 1/13/2023 Utility Bill& Late Nottce Mailing December 2022
INFOSEND, INC 63-56-6200 $ 1,176.84 121883 1/13/2023 Utility Bill& Late Nottce Mailing December 2022
$ 2,353.68 121883 Total

AP Check Register
January 5, 2023 through January 19, 2023
5 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description IRRIGATION DESIGN & CONST 69-47-6300 $ 26.71 121884 1/13/2023 Hay Fork IRRIGATION DESIGN & CONST 10-44-6300 $ 27.71 121884 1/13/2023 Hay Fork $ 54.42 121884 Total
IWORQ SYSTEMS 60-50-6200 $ 91.66 121885 1/13/2023 Work Management Software Data Package December 2022 to Oct 2023
IWORQ SYSTEMS 10-33-6200 $ 91.67 121885 1/13/2023 Work Management Software Data Package December 2022 to Oct 2023
IWORQ SYSTEMS 10-06-6200 $ 91.67 121885 1/13/2023 Work Management Software Data Package December 2022 to Oct 2023
IWORQ SYSTEMS 63-56-6200 $ 91.66 121885 1/13/2023 Work Management Software Data Package December 2022 to Oct 2023
IWORQ SYSTEMS 10-21-6200 $ 91.67 121885 1/13/2023 Work Management Software Data Package December 2022 to Oct 2023
$ 458.33 121885 Total
Jasper Jim 10-00-2840 $ 300.00 121886 1/13/2023 Memorial Building Rental Deposit Refund/ Jasper
$ 300.00 121886 Total
JOE'S LANDSCAPING & CONCR 69-47-6200 $ 10,370.00 121887 1/13/2023 Maintenance Service For The Mohth of December
$ 10,370.00 121887 Total
Kennedy/Jenks Consultants, Inc 63-56-6200 $ 373.75 121888 1/13/2023 Professional Services Rendered Through 1-10-23
Kennedy/Jenks Consultants, Inc 63-56-6200 $ 3,476.25 121888 1/13/2023 Professional Services Rendered Through 12-16-22
$ 3,850.00 121888 Total
Koff and Associates 63-56-6200 $ 410.83 121889 1/13/2023 Professional Services Rendered Through 12-31-23
Koff and Associates 60-50-6200 $ 410.83 121889 1/13/2023 Professional Services Rendered Through 12-31-23
Koff and Associates 63-56-6200 $ 510.00 121889 1/13/2023 Professional Services Rendered Through 11-30-22
Koff and Associates 10-14-6200 $ 410.84 121889 1/13/2023 Professional Services Rendered Through 12-31-23
Koff and Associates 10-14-6200 $ 510.00 121889 1/13/2023 Professional Services Rendered Through 11-30-22
Koff and Associates 60-50-6200 $ 510.00 121889 1/13/2023 Professional Services Rendered Through 11-30-22
$ 2,762.50 121889 Total
Machado & Sons Constuction 10-00-2841 $ 300.00 121890 1/13/2023 Hydrant Use Permit Refund $ 300.00 121890 Total
McKesson Medical-Surgical 10-22-6300 $ 332.09 121891 1/13/2023 Oximeters, Tourniquets, Nitrile Gloves, Sharps Container McKesson Medical-Surgical 10-22-6300 $ 107.95 121891 1/13/2023 Oximeters, Tourniquets, Nitrile Gloves, Gauze, Sharps Container $ 440.04 121891 Total
Mechanics Bank 63-56-6120 $ 510.00 121892 1/13/2023 HSA 2nd Half Deposit/ Ribeiro Mechanics Bank 10-14-6120 $ 495.00 121892 1/13/2023 HSA 2nd Half Deposit/ Ribeiro Mechanics Bank 60-50-6120 $ 495.00 121892 1/13/2023 HSA 2nd Half Deposit/ Ribeiro $ 1,500.00 121892 Total
MID VALLEY IT, INC 60-50-6200 $ 1,275.60 121893 1/13/2023 IT CONTRACT/SEWR MID VALLEY IT, INC 10-14-6200 $ 1,275.60 121893 1/13/2023 IT CONTRACT/FIN MID VALLEY IT, INC 10-21-6200 $ 2,551.20 121893 1/13/2023 IT CONTRACT/PD MID VALLEY IT, INC 63-56-6200 $ 1,275.60 121893 1/13/2023 IT CONTRACT/WATR $ 6,378.00 121893 Total
NEWMAN ACE HARDWARE/JACT, 10-44-6660 $ 28.23 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 5.38 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies

AP Check Register
January 5, 2023 through January 19, 2023
6 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 131.58 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 57.78 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-45-6300 $ 7.54 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 8.62 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 2.15 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 24.36 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 70.49 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 10.78 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 51.76 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 8.19 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 29.27 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 29.09 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 53.02 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 71.13 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 8.58 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 11.84 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 48.53 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 53.92 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 24.36 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 22.62 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 30.18 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 31.47 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs,

Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ (14.22) 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 37.68 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ 15.49 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 3.86 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 57.53 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6620 $ (8.19) 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 87.35 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 62.55 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 42.05 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 26.96 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 20.68 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 6.46 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 53.92 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 36.66 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 68-68-6620 $ 26.96 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 34.50 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 18.53 121895 1/13/2023 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies

AP Check Register
January 5, 2023 through January 19, 2023
7 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 1,329.64 121895 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 967.00 121896 1/13/2023 Health Insurance Premium/ February
2023 /Caetano
$ 967.00 121896 Total
P G & E 63-56-6410 $ 18,789.30 121899 1/13/2023 Gas & Electric Use P G & E 10-33-6410 $ 7,972.65 121899 1/13/2023 Gas & Electric Use P G & E 10-44-6410 $ 1,390.27 121899 1/13/2023 Gas & Electric Use P G & E 60-50-6410 $ 17,957.23 121899 1/13/2023 Gas & Electric Use P G & E 10-22-6410 $ 997.34 121899 1/13/2023 Gas & Electric Use P G & E 10-46-6410 $ 462.02 121899 1/13/2023 Gas & Electric Use P G & E 69-47-6410 $ 3,004.09 121899 1/13/2023 Gas & Electric Use P G & E 10-07-6410 $ 2,235.10 121899 1/13/2023 Gas & Electric Use P G & E 10-45-6410 $ 222.98 121899 1/13/2023 Gas & Electric Use $ 53,030.98 121899 Total
Pace Supply Corporation 63-56-6300 $ 1,127.25 121897 1/13/2023 Dual Armor, Coupling Pace Supply Corporation 63-56-6300 $ 233.27 121897 1/13/2023 Coupling, Key Meters Pace Supply Corporation 60-50-6300 $ 219.12 121897 1/13/2023 Manhole Cover $ 1,579.64 121897 Total
PACIFIC WATER RESOURCES 60-50-6225 $ 1,398.21 121898 1/13/2023 Vac Pumps $ 1,398.21 121898 Total
PALOMINO SARAH DIAS & CRISTIAN 63-00-2010 $ 94.30 121917 1/13/2023 Refund Check 016020-000, 1415-C EUCALYPTUS AVE $ 94.30 121917 Total
Precision Concrete Cutting 24-32-7727 $ 18,531.80 121900 1/13/2023 Sidewalk Offset Repair @ Sherman Park

$ 18,531.80 121900 Total
R.J. Ricciardi, Inc, CPAs 60-50-6205 $ 1,064.42 121902 1/13/2023 Professional Services Rendered Through 12-31-22
R.J. Ricciardi, Inc, CPAs 63-56-6205 $ 1,064.41 121902 1/13/2023 Professional Services Rendered

Through 12-31-22
R.J. Ricciardi, Inc, CPAs 10-14-6205 $ 1,064.42 121902 1/13/2023 Professional Services Rendered Through 12-31-22
$ 3,193.25 121902 Total
Redtail Consulting 17-36-7780 $ 4,848.25 121901 1/13/2023 Project #603 .CNP.21 NEWS Project Resource Agency
Permitting
$ 4,848.25 121901 Total
Rolfe Construction, Inc 18-50-7772 $ 382,915.55 121903 1/13/2023 Prince Rd Sewer Project Rolfe Construction, Inc 61-55-7521 $ 21,334.53 121903 1/13/2023 Inyo Canal School Underground Improvements
Progress Payment 5
Rolfe Construction, Inc 64-56-7521 $ 14,223.02 121903 1/13/2023 Inyo Canal School Underground Improvements
Progress Payment 5
$ 418,473.10 121903 Total
SAFE-T-LITE 60-50-6300 $ 234.63 121904 1/13/2023 Traffic Signs SAFE-T-LITE 10-33-6300 $ 21.12 121904 1/13/2023 Lens Cleaning Cloths SAFE-T-LITE 63-56-6300 $ 53.11 121904 1/13/2023 Traffic Signs $ 308.86 121904 Total
Solar Integrated Fund III 60-50-6410 $ 8,334.57 121906 1/13/2023 Solar Production Period 11-1 -22 to
11-30-22
$ 8,334.57 121906 Total

AP Check Register
January 5, 2023 through January 19, 2023
8 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Springbrook Holding Company, LLC 63-56-6310 $ 574.00 121907 1/13/2023 Civic Pay Transaction Fee Springbrook Holding Company, LLC 10-14-6310 $ 574.00 121907 1/13/2023 Civic Pay Transaction Fee Springbrook Holding Company, LLC 60-50-6310 $ 574.00 121907 1/13/2023 Civic Pay Transaction Fee Springbrook Holding Company, LLC 60-50-6310 $ 574.00 121907 1/13/2023 Civic Pay Transaction Fee Springbrook Holding Company, LLC 10-14-6310 $ 574.00 121907 1/13/2023 Civic Pay Transaction Fee Springbrook Holding Company, LLC 63-56-6310 $ 574.00 121907 1/13/2023 Civic Pay Transaction Fee $ 3,444.00 121907 Total
Stanislaus County Tax Collector 60-50-6680 $ 264.94 121908 1/13/2023 Unsecured Property Taxes FY 22-23
$ 264.94 121908 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7120 $ 23,820.25 121910 1/13/2023 Project# 184031401 WWTRF Influent Trunk Sewer Upgrade
STANTEC CONSULTING SERVICE, Inc 60-50-6200 $ 190.00 121910 1/13/2023 Project# 184031690 Prince Rd Sanitary Sewer Relief
STANTEC CONSULTING SERVICE, Inc 60-50-6200 $ 1,867.00 121910 1/13/2023 Project# 184031690 Prince Rd Sanitary Sewer Relief
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 16,428.50 121910 1/13/2023 Project# 184031690 Prince Rd Sanitary Sewer Relief
$ 42,305.75 121910 Total
STAPLES ADVANTAGE 10-22-6300 $ 28.90 121909 1/13/2023 Paint Markers STAPLES ADVANTAGE 10-22-6300 $ 125.97 121909 1/13/2023 Paper, Pens, Sharpies STAPLES ADVANTAGE 10-22-6300 $ 17.89 121909 1/13/2023 Air Freshener $ 172.76 121909 Total
Stewart & Jasper Orchards 60-50-6200 $ 2,841.50 121911 1/13/2023 Hulling & Shelling Service Fees $ 2,841.50 121911 Total
Stokes Jordan 10-22-6690 $ 1,027.07 121912 1/13/2023 Reimbursement for EMT Certification / Stokes $ 1,027.07 121912 Total
Sun Ridge Systems, Inc 10-21-6200 $ 11,791.00 121913 1/13/2023 RIMS Dispatch Software Annual Support
$ 11,791.00 121913 Total
SWRCB-DWOCP 63-56-6635 $ 90.00 121915 1/13/2023 Drinking Water Distribution Cert/ Reyes
$ 90.00 121915 Total
T.H.E. OFFICE CITY 63-56-6300 $ 13.05 121916 1/13/2023 Note Pads T.H.E. OFFICE CITY 10-14-6300 $ 44.70 121916 1/13/2023 Paper, Envelopes, Note Pads T.H.E. OFFICE CITY 63-56-6300 $ 44.69 121916 1/13/2023 Paper, Envelopes, Note Pads T.H.E. OFFICE CITY 10-14-6300 $ 13.06 121916 1/13/2023 Note Pads T.H.E. OFFICE CITY 60-50-6300 $ 44.70 121916 1/13/2023 Paper, Envelopes, Note Pads T.H.E. OFFICE CITY 10-01-6300 $ 23.38 121916 1/13/2023 Calendar T.H.E. OFFICE CITY 60-50-6300 $ 13.05 121916 1/13/2023 Note Pads $ 196.63 121916 Total
Uline 10-07-7505 $ 900.62 121919 1/13/2023 Bulk Rack
Uline 10-22-6530 $ 690.27 121919 1/13/2023 Bulk Rack
$ 1,590.89 121919 Total
USA BLUEBOOK 60-50-6300 $ 494.36 121920 1/13/2023 ATC Diversified Monitor $ 494.36 121920 Total

AP Check Register
January 5, 2023 through January 19, 2023
9 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description Verizon Wireless 10-21-6420 $ 342.09 121921 1/13/2023 Mobile laptop access 11-19-22 to 12-18-22
Verizon Wireless 10-06-6420 $ 38.01 121921 1/13/2023 Mobile laptop access 11-19-22 to 12-18-22
Verizon Wireless 10-22-6615 $ 114.03 121921 1/13/2023 Mobile laptop access 11-19-22 to 12-18-22
Verizon Wireless 63-56-6420 $ 38.01 121921 1/13/2023 Mobile laptop access 11-19-22 to 12-18-22
$ 532.14 121921 Total
Virginia C Sequeira 2005 Trust 10-00-5520 $ 7,275.00 121905 1/13/2023 Rental Income Pass Thru 95.7 Acre Land $ 7,275.00 121905 Total
Vollmar Natural Lands Consulting 17-36-7780 $ 975.00 121922 1/13/2023 Project J-445 CDFW Vollmar Natural Lands Consulting 17-36-7780 $ 4,790.03 121922 1/13/2023 Project J-445 CDFW $ 5,765.03 121922 Total
Westside Water Conditioning 10-14-6300 $ 30.19 121924 1/13/2023 Bottle Water Delivery 12-6-22 & 12-20-22 City Hall
Westside Water Conditioning 63-56-6300 $ 30.18 121924 1/13/2023 Bottle Water Delivery 12-6-22 & 12-20-22 City Hall
Westside Water Conditioning 10-21-6200 $ 57.70 121924 1/13/2023 Bottle Water Delivery 12-6-22 & 12-20-22 /PD
Westside Water Conditioning 60-50-6300 $ 30.18 121924 1/13/2023 Bottle Water Delivery 12-6-22 & 12-20-22 City Hall
Westside Water Conditioning 10-22-6200 $ 57.70 121924 1/13/2023 Bottle Water Delivery 12-6-22 & 12-20-22/ FD
Westside Water Conditioning 60-50-6300 $ 56.22 121924 1/13/2023 Bottle Water Delivery 12-16-22 & 12-20-22/ Corp Yard
Westside Water Conditioning 63-56-6300 $ 56.23 121924 1/13/2023 Bottle Water Delivery 12-16-22 & 12-20-22/ Corp Yard
$ 318.40 121924 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 450.78 121925 1/13/2023 Gloves $ 450.78 121925 Total
YANCEY LUMBER COMPANY 10-22-6300 $ 12.41 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 12.94 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 2.81 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 28.92 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 60.86 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 53.46 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 12.95 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 8.33 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-46-6300 $ 165.03 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 6.10 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 57.92 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 4.92 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 4.85 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 68-68-6620 $ 39.50 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6660 $ 1.94 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 25.20 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 17.96 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 495.12 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 9.70 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light

Bulbs

AP Check Register
January 5, 2023 through January 19, 2023
10 of 10
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 10-44-6300 $ 4.84 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 11.63 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 113.52 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 4.17 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 9.70 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 38.76 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-21-6307 $ 38.83 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 2.82 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 93.61 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 13.58 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 24.71 121926 1/13/2023 Dog Food/Misc Tools/Locks/Light Bulbs
$ 1,377.09 121926 Total
$ 751,962.18 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING JANUARY 10, 2023
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, Pimentel And Mayor Graham.

ABSENT: Mayor Pro Tem Ball And Tomlinson.

Request To Add Emergency Item.

City Manager Holland Requested That Item No. 10.b. Be Added To The Agenda. Holland Explained That The Item Was Brought To His Attention After The Agenda Was Posted And That It Requires Immediate Action And That The Item Pertains To Proclaiming The Existence Of A Local Emergency Due To Recent Storms.

ACTION: On A Motion By McDonald Seconded By Pimentel, The City Council Agreed To Add Item

10.b. As An Emergency Item/ Item Of Immediate Need Per California Government Code Section 54954.2(b)(1) By The Following Majority Vote: AYES: McDonald, Pimentel And Mayor Graham; NOES: None; ABSENT: Ball And Tomlinson; NOT PARTICIPATING: None.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters – None.

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

Mayor Mike Clauzel, City of Patterson, Introduced Himself. Clauzel Thanked The City Of Newman For Offering Assistance To The City Of Patterson During The Recent Storms. He Recognized Mayor Graham And Chief Richardson For Their Service On Law Enforcement Appreciation Day.

Mayor Graham Thanked Mayor Clauzel For His Law Enforcement Service And Congratulated Him On Recently Being Elected As Patterson’s Mayor.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The December 13, 2022 Meeting. d. Adopt Resolution No. 2023-01, A Resolution Accepting The Capital Facilities Fees Annual Report.

ACTION: On A Motion By McDonald Seconded By Pimentel, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Pimentel And Mayor Graham; NOES: None; ABSENT:

Ball And Tomlinson; NOT PARTICIPATING: None.

9. Public Hearings – None.

10. Regular Business
a. Authorize City Manager To Enter Into A Contract With RHAA Landscape Architects To Develop A Parks And Recreation Master Plan.

Council Member McDonald Asked How The Community Would Be Notified About The Proposed Public Meetings Regarding The Master Plan.

City Manager Holland Stated That The City Would Conduct A Public Outreach Program And Would Advertise Said Meeting Information In The Newspaper, At City Council Meetings And On Social Media Platforms To Solicit Community Input.

Council Member McDonald Stated That There Was Certainly A Need For Additional Recreation Facilities In Newman.

ACTION: On A Motion By Pimentel Seconded By McDonald, The City Council Authorized The City Manager To Enter Into A Contract With RHAA Landscape Architects To Develop A Parks And Recreation Master Plan, By The Following Vote: AYES: McDonald, Pimentel And Mayor Graham; NOES: None; ABSENT: Ball And Tomlinson; NOT PARTICIPATING: None. b. Adopt Resolution No. 2023- , A Resolution Of The City Council Of The City Of Newman Proclaiming The Existence Of A Local Emergency.

Council Member McDonald Noted That He Would Like To Ensure That The City Receives Available Emergency Funding To Help Protect The City Against This Type Of Local Emergency.

Mayor Graham Thanked Supervisor Condit And Stanislaus County For Offering Resources And Assistance During The Recent Storms.

ACTION: On A Motion By Pimentel Seconded By McDonald, Resolution No. 2023- , A Resolution Of The City Council Of The City Of Newman Proclaiming The Existence Of A Local Emergency Was Adopted By The Following Vote: AYES: McDonald, Pimentel And Mayor Graham; NOES: None; ABSENT: Ball And Tomlinson; NOT PARTICIPATING: None.

11. Items From District Five Stanislaus County Supervisor.

Supervisor Condit Wished Everyone A Happy New Year And Noted He Was Looking Forward To 2023. Condit Stated That He Was Honored To Attend Corporal Singh’s Memorial Ceremony On December 26th. He Explained That He Had Submitted A Request To State Senator Marie Alvarado-Gil To Name A Portion Of Highway 33 After Corporal Singh. Condit Reported That There Had Been An Evacuation Order Issued For The East Side Of River Road Near Catfish Camp And That A Flood Warning For The West Side Of River Road Had Also Been Issued. He Applauded City Staff For All Of Their Efforts Related To The Storms And For Their Collaboration With The Stanislaus County. Condit Concluded By Stating That He Was Happy To Help In Any Way Possible.

Mayor Graham Thanked Supervisor Condit For Doing An Outstanding Job And Stated That It Was Appreciated.

12. Items From The City Manager And Staff.

City Manager Holland Thanked Supervisor Condit And Stanislaus County For All Their Efforts Related To The Recent Storms. Holland Pointed Out The Importance Of The Preventative Measures That Were Taken Such As Working With Central California Irrigation District To Empty The Canals And The Railroad Company To Clear Debris Out Of The Trestle Area. He Stated That The Storm Preparation Had Been A Complete Team Effort And Thanked City Staff For All Their Efforts Related To The Recent Storms. Holland Welcomed Patterson Mayor Clauzel And Thanked Him For Coming To Newman. He Mentioned That The City Council Would Decide The New Committee Assignments At Their Next Meeting. Holland Explained That The City Was Soliciting Comments on the Recently Released CEQA Document For The Twenty Acre Caton Ranch Subdivision Project.

Mayor Graham Asked When The Prince Road Sewer Project Would Be Completed.

City Manager Holland Noted That The Project Was Essentially Complete Other Than The Paving And Noted That They Needed Better Weather To Complete Said Paving.

Recreation Director/Community Liaison Mendoza Reported That The Local Unsheltered/Homeless Count Would Occur On January 26th And Indicated That The County Still Need Additional Volunteers. Mendoza Stated That The 2023 Youth Basketball Season Would Begin In February And Mentioned That The Men’s Basketball League Had Already Commenced.

Mayor Graham Thanked Recreation Director/Community Liaison Mendoza For All Of Her Efforts Related To Corporal Singh’s Memorial Event.

Chief Richardson Pointed Out That The Local News Had Been Reporting About Evacuations In Newman But Noted That Said Evacuation Areas Were Outside Of The City Limits. Richardson Reminded Everyone To Heed Road Closed Signs Please Find An Alternative Route.

Chief Bowen Reported That There Had Been Thirty-Six Cubic Yards Of Sand Delivered To Newman And That Most Of The Almost Six Thousand Sandbags Had Been Used In The Rural Areas Outside The City’s Limits. Bowen Reminded Everyone To Drive Cautiously, Noting That There May Be Water, Mud And Debris On The Roads. He Reported That The San Luis Care Center Had Evacuated As A Precaution. Bowen Noted That Sand And Bags Were Still Available At 712 Fresno Street At The Corporation Yard.

Mayor Graham Thanked City Staff For All Their Efforts Related To The Storms.

13. Items From City Council Members.

Council Member McDonald Stated That It Was Jarring To See Water Running Across Highway 33 Near Crows Landing And Thanked The City For Their Quick Response To The Flooding.

Mayor Graham Thanked The Public Works Staff And For All Their Hard Work During The Recent Storms. Graham Wished Everyone A Happy New Year.

14. Adjournment.

ACTION: On A Motion By McDonald Seconded By Pimentel And Unanimously Carried, The Meeting Was Adjourned At 7:35 P.M.

Agenda Item: 8.d.

Honorable Mayor and Members City Council Meeting
of the Newman City Council of January 24, 2023

ADOPT A RESOLUTION AUTHORIZING THE APPROVAL OF THE
“STATEMENT OF INVESTMENT POLICY” FOR THE CITY OF NEWMAN RECOMMENDATION:

It is recommended that the Newman City Council approve Resolution No. 2023- , authorizing the approval of the “Statement of Investment Policy” for the City of Newman.

BACKGROUND:

The City of Newman’s cash management system is designed to monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity. The State of California Government Code requires the City to follow the Prudent Investor Rule (Government Code Section and §53600 et. seq.). This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent.

ANALYSIS:

Currently the City has the following accounts. These constitute the balance of the total cash held by the City. It does not include deposits held by our bonding company. This information is available on the annual audit. The accounts are:

General Checking (Bank of the West)
Savings (Bank of the West – 2022 Calendar Year - 0.010%) Petty Cash (Cash in Drawers and Petty Cash Drawer)
UBS (Investment in CD’s – 2022 Calendar Year – 1.657%)
LAIF (Local Agency Invest. Fund – 2022 Calendar Year – 1.133%) Chandler Asset Mgmt. (CSJVRMA Investment Pool – 2022 Calendar Year – 1.251%) FISCAL IMPACT:

Approving this resolution has no financial affect. The City’s investments in 2022 earned just over $136,867.96.

CONCLUSION:

Staff recommends the City approve Resolution No. 2023- authorizing the approval of the “Statement of Investment Policy” for the City of Newman.

ATTACHMENTS:

1. Resolution No. 2023-

2. Exhibit A: Statement of Investment Policy
Respectfully submitted:

Lewis Humphries
Finance Director
REVIEWED/CONCUR:

Michael Holland
City Manager
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN APPROVING THE "STATEMENT OF INVESTMENT POLICY" FOR THE CITY OF NEWMAN WHEREAS, the City Council of the City of Newman is desirous of providing a "Statement of Investment Policy" for the City's idle cash.

NOW, THEREFORE, BE IT RESOLVED that the City of Newman accepts and implements the "Statement of Investment Policy" (Exhibit A).

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 24th day of January 2023 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
EXHIBIT "A"

CITY OF NEWMAN

STATEMENT OF INVESTMENT POLICY
PURPOSE:

This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash.

OBJECTIVE:

The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity.

POLICY:

The City of Newman investment policy follows California Government Code §53600.3 the "Prudent Investor Rule". This "Rule" affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (G.C.

Section §53600 et. seq.).

Investments may be made in the following media;
• Securities of the US Government, or its agencies (Treasury Bills/Notes) • Small Business Administration Loans
• Certificates of Deposits
• Bankers Acceptances (Letter of Credit)
• Local Agency Investment Fund (LAIF) - State Pool
• Chandler Asset Management-CSNRMA Pool
• Passbook Savings Account Demand Deposits
• Other products which are totally guaranteed and insured by the US Government Criteria for selecting investments and the order of priority are:

1. SAFETY: The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe.

2. LIQUIDITY: This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of the principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally.

3. YIELD: Yield is the potential dollars earnings an investment can provide, and sometimes is described as the rate of return.

SAFEKEEPING: Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust department of the local agency's bank or other designated third party trust, in local agency's name and control, whenever possible.

INVESTMENT OBJECTIVE: The cash management system of the City of Newman is designed to accurately monitor and forecast expenditures and revenues, thus insuring the investment of monies to the fullest extent as possible. The City attempts to obtain the highest interest yields possible as long as investments meet the criteria required for safety and liquidity.

CITY CONSTRAINTS: The City of Newman operates its pooled idle cash investments under the "Prudent Investor Rule". This affords a broad spectrum of investment opportunities so long as the investment is deemed prudent and is permissible under currently effective legislation of the State of California and other imposed legal restrictions.

The City strives to maintain the level of investment of all idle funds as near I 00% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Finance Officer and City Treasurer.

The basic premise underlying is the City's investment philosophy is, and will continue to be, to insure that money is always safe, available when needed, and earning maximum interest yield on deposits.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.

City Council Meeting
of January 24, 2023
ADOPT RESOLUTION NO. 2023- , A RESOLUTION ADOPTING THE ADDENDUM TO THE

NEWMAN COMMUNITY CONSERVATION AREA MASTER PLAN INITIAL STUDY RECOMMENDATION:

Adopt Resolution No. 2023-, a Resolution adopting the Addendum to the Newman Community Conservation Area Master Plan Initial Study analyzing impacts of changes to the design of the NEWS project.

BACKGROUND:

Newman Community Conservation Area and NEWS Project
Located on two City-owned parcels southeast oflnyo Avenue and Canal School Road and totaling just over 100 acres, the Newman Community Conservation Area (NCCA) will offer a community and environmental amenity for improved water and air quality, habitat resources, and greenhouse gas (GHG) sequestration, and will provide recreational and educational opportunities not currently available in the Newman area.

In 2020 - early 2021, as part of an extensive multi-year planning process, the Public Works Department developed a Master Plan to guide the evolution of the NCCA. The Master Plan envisions four separate but complementary projects at the NCCA.
• The Newman Environmental Wetland System (NEWS) project will create an approximately 21-acre constructed wetland complex to treat the City's stormwater and dry season runoff, which is currently discharged without treatment into the Newman Wasteway and, ultimately, the San Joaquin River. O&M access roads at the NEWS project will be opened to the public for walking, jogging, bicycling, and nature watching
• The NCCA wetland project will restore approximately 11 acres of seasonal wetland, riparian, and native grassland habitat, with an emphasis on natural GHG sequestration. It will offer additional visual benefits for users of trails at the NCCA
• The Newman Nature Park will focus on community-oriented amenities such as a gathering plaza, outdoor classrooms, and nature-themed play areas, as well as demonstration gardens and bilingual English/Spanish interpretive signage. It will also offer a multi-use trail system linking the NCCA projects together • The Miller Ditch Treatment Wetland project will provide an additional 16 acres of constructed wetlands to treat water from the Miller Ditch, with a focus on removing agricultural pollutants. It is being planned in collaboration with the Environmental Systems Graduate Group at the UC Merced Department of Civil and Environmental Engineering, with substantial student involvement The first three projects have been funded by substantial grants from the State Water Resources Control Board, California Department of Fish and Wildlife, and federal Land and Water Conservation Fund, respectively. Delayed somewhat by the recent storms, NEWS will break ground in early 2023, followed by the wetland project, and design of the Newman Nature Park is proceeding. Funding is being sought for the Miller Ditch Treatment Wetland project.

Circulation of Prior CEQA Document
In March - April 2021, the City circulated an Initial Study (State Clearinghouse #2021030323) analyzing the impacts of adopting the NCCA Master Plan and proceeding with the four projects planned for the NCCA, consistent with the requirements of the California Environmental Quality Act (CEQA). This was a combined program/project level document since the NCCA projects were at varying levels of design. 1 The two projects that 1 Project-level analysis is specific and detailed, enabling prompt implementation. Program-level analysis is less detailed and may not be adequate to support project approval. The intent in bringing all four NCCA projects before the public in a single CEQA document was to provide the most comprehensive possible picture of the NCCA vision and projects, their impacts, and their benefits.

Agenda Item: 1 O.a.
were farthest along- the NEWS project and the NCCA wetland project- were analyzed to the project level. The Newman Nature Park and Miller Ditch Treatment Wetland projects were analyzed to the program level since less information on them was available. In May 2021, following consideration of public comments, the City adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the NCCA Master Plan and projects, as well as formally adopting the Master Plan itself.

Changes to Design of NEWS Project
Subsequent to adoption of the MND, the NEWS project underwent several design changes:
• site access was modified to incorporate a bridge over the Miller Ditch from Canal School Road between Inyo Avenue and Brazo Road, replacing the previously anticipated use of existing site access from the Canal School Road/Inyo A venue intersection
• the trash capture approach at the NEWS project inlet was modified to use trash capture screens instead of a proprietary trash treatment control device
• the footprints of the inlet and outlet structures were altered slightly Relevant CEQA Requirements
When a project is modified following certification of an Environmental Impact Report or adoption of an MND, the State of California's CEQA Guidelines require follow-up analysis. The key question is whether the project changes would result in new Significant impacts or would substantially increase the severity of the originally identified impacts, or if new "information of substantial importance" shows one or more new or substantially increased Significant effects not discussed in the original document (Guidelines Section 15162). If so, a Subsequent or Supplemental environmental document is required, depending on the level of revision required to bring the original document current. Both Subsequent and Supplemental documents are subject to the same noticing and public review process as the original environmental document. If the project is modified, but the changes do not rise to a level triggering Subsequent or Supplemental analysis, an Addendum to the prior document is prepared. The Addendum is not circulated for public review, but must be considered by the lead agency prior to making a decision on the project (CEQA Guidelines Sections 15162, 15163, 15164).

ANALYSIS:

In spring of 2022, the Public Works Department requested that their environmental consultant evaluate the environmental effects of the proposed modifications to the NEWS project to assess whether circulation of a Subsequent or Supplemental environmental document was warranted. Analysis considered all CEQA resource topics, including those for which the original NCCA Master Plan Initial Study had determined that the NEWS project would have No Impact. Particular attention was paid to key resources identified as most likely to be affected: aesthetics, air quality, biological resources, greenhouse gas emissions, hydrology and water quality, and noise. Evaluation concluded that
• none of the circumstances surrounding the NEWS project had changed since adoption of the May 2021 Mitigated Negative Declaration
• none of the proposed project changes would result in new or substantially increased Significant environmental impacts
• no new information of substantial importance was available that would change the conclusions of the March 2021 Initial Study
With no new or substantially increased Significant impacts identified, the Memorandum concluded that no further CEQA analysis was warranted, and no new mitigation was proposed. The analysis and conclusions were memorialized in a Memorandum intended to fulfill the role of an Addendum to the 2021 Initial Study.

FISCAL IMPACT:

No impact to the General Fund at this time. Adopting the Addendum to the NCCA Master Plan Initial Study would not alter the cost of constructing or operating the NEWS project in any way.

Agenda Item: 1 O.a.

CONCLUSION:

Public Works considered the 2022 Addendum Memorandum along with the 2021 Initial Study in deciding whether to recommend the NEWS project to City Council for approval in 2022, and now as we prepare to construct the NEWS project, staff respectfully requests that City Council formally adopt the Addendum.

ATTACHMENTS:

1. ·Resolution No. 2023- , adopting the Addendum to the Newman Community Conservation Area Master Plan Initial Study

2. Memorandum: Newman Environmental Wetland System (NEWS) Project- Implications of Recent Project Changes for CEQA Review (April 11, 2022)

3. Mitigated Negative Declaration, Newman Community Conservation Area Master Plan (May 12, 2021) INCORPORATED BY REFERENCE:

Newman Community Conservation Area Master Plan Initial Study and Proposed Mitigated Negative Declaration inclusive of technical appendices (March 2021 ), available at: https://ceqanet.opr.ca.gov/2021030323 .

Respectfully Submitted,
fe: Director of yes Public ~ Works
Michael E. Holland
City Manager
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN, CALIFORNIA,

ADOPTING THE ADDENDUM TO THE NEWMAN COMMUNITY CONSERVATION AREA

MASTER PLAN INITIAL STUDY
WHEREAS, in 2014 the City of Newman purchased two parcels southeast of Canal School Road and Inyo Avenue (APNs 054-050-019, 054-050-020, and 054-05-010), with the intention of developing them as the Newman Community Conservation Area (NCCA), which would be the first facility of its kind in the western San Joaquin Valley and would provide a community amenity that supports improved water and air quality, habitat resources, and greenhouse gas sequestration, while offering recreational and educational opportunities not currently available in the Newman area.

WHEREAS, in 2020- 2021, the City developed a Master Plan for the NCCA.

WHEREAS, in 2021, the City circulated an Initial Study (State Clearinghouse #2021030323) analyzing the environmental impacts of adopting the NCCA Master Plan and proceeding with the four projects planned for the NCCA, consistent with the requirements of the California Environmental Quality Act.

WHEREAS, the 2021 Initial Study included project-level analysis of the impacts of implementing the Newman Environmental Wetland System (NEWS) project.

WHEREAS, following the close of the Initial Study circulation period, the Public Works Department considered and prepared a written response to comments received on the Initial Study as required by Section 2109l[d] of the CEQA statute and Section 15074[b] of the CEQA Guidelines.

WHEREAS, only one comment letter was received and the Public Works Department determined that no further analysis was warranted as a result of comments received, and City Council subsequently determined that an Environmental Impact Report was not warranted and in May 2021 adopted the proposed Mitigated Negative Declaration.

WHEREAS, subsequent to adoption of the MND, the NEWS project underwent several design changes, including modifications to site access, modifications to the project's trash capture approach, and changes to the project's inlet and outlet footprints.

WHEREAS, the Public Works Department evaluated the environmental impacts of the proposed NEWS project changes consistent with Sections 15162 and 15163 of the CEQA Guidelines, to determine whether they would result in new or substantially increased Significant impacts, or whether new information of substantial importance showed new or substantially increased Significant effects not addressed in the original Initial Study and Mitigated Negative Declaration WHEREAS, that evaluation concluded that the circumstances surrounding the NEWS project had not changed, that the proposed project changes would not result in new or substantially increased Significant environmental impacts, and that no new information of substantial importance was available that would change the conclusions of the original Initial Study and Mitigated Negative Declaration.

WHEREAS, the Public Works Department accordingly concluded that no Subsequent or Supplemental environmental document for the NEWS project was warranted.

WHEREAS, the evaluation of NEWS project changes was memorialized in a Memorandum intended to serve the function of an Addendum to the 2021 NCCA Master Plan Initial Study, consistent with Section 15164 of the CEQA Guidelines.

WHEREAS, the Public Works Department considered the Addendum Memorandum along with the 2021 Initial Study in deciding whether to recommend the NEWS project to City Council for approval in 2022 consistent with Section 15164 of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City adopts the April 11, 2022 Addendum to the Newman Community Conservation Area Master Plan Initial Study The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 24th day of January, 2023 by Council Member , who moved its adoption which motion was duly seconded and was upon roll call carried and the resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California
f&j Redtail Consulting • Environment & Community
Memorandum
Date: April 11, 2022
To: Kathryn Reyes
Cc:

Director of Public Works
City of Newman
From: Anna Buising, PhD, PG
RE: Newman Environmental Wetland System (NEWS) Project - Implications of Recent Project Changes for CEQA Review
This memorandum addresses the California Environmental Quality Act (CEQA) review implications of the following recent changes in NEWS project design.
• Modifications to site access
• Removal of the previously proposed Bio Clean® trash treatment control device (TTCD) from the project inlet and replacement with trash capture screens located at the sediment forebay discharge pipes • Changes in the footprint of the inlet and outlet structures This memorandum contains the following information.
• An overview of relevant CEQA requirements
• Brief descriptions of the proposed changes as we understand them • A brief assessment of each change in consideration of CEQA resource topics • Conclusions regarding the status of CEQA analysis for the NEWS project as of March 2022 As discussed in more detail under CEQA Implications below, we do not anticipate that any of the changes listed above would result in new or substantially increased significant environmental impacts. Accordingly, we feel that CEQA compliance for the NEWS project can still be considered complete with the City's adoption of the Mitigated Negative Declaration (MND) for the Newman Community Conservation Area (NCCA) Master Plan and projects in May 2021. However, to ensure a complete Administrative Record, and consistent with the process for a CEQA Addendum discussed in the next section ( CEQA Requirements), we recommend appending this Memorandum to the publicly circulated March 2021 Initial Study (City of Newman 2021 a) and the May 2021- adopted MND (City of Newman 2021 b) for consideration by City Council when the NEWS project is presented for Council approval. This memorandum may be considered an abbreviated form of the Addendum in that it evaluates the potential for changes in the project design to alter outcomes for all CEQA resource topics but ~ Redtail Consulting .. Environment & Community

NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
provides detailed analysis only for the key impact topics most likely to be affected. Selection of impact topics warranting detailed analysis was based on the nature of the proposed project changes and screening-level consideration of likely resource outcomes.

CEQA Requirements
The state's CEQA Guidelines require follow-up analysis in a Subsequent or Supplemental environmental document when a proposed project is modified following the certification of an Environmental Impact Report (EIR) or adoption of a Negative Declaration (ND) or MND. Both Subsequent and Supplemental documents are subject to the same noticing and public review process as the original environmental document. If the project is modified, but the changes do not rise to a level triggering Subsequent or Supplemental analysis, an Addendum to the prior document is prepared. The Addendum is not circulated for public review, but must be considered by the lead agency prior to making a decision on the project ( CEQA Guidelines 15162, 15163, 15164 ).

Per CEQA Guidelines Section 15162, a Subsequent environmental document is required if major revisions to the original document are needed as a result of
• changes to the project that would result in new significant environmental impacts • changes to the project that would substantially increase the severity of the originally identified impacts • changes in the circumstances surrounding the project that would result in new or substantially increased significant impacts
• new "information of substantial importance" that was not incorporated in the original document and that shows one or more new or substantially increased significant effects not discussed in the original document
Per Guidelines Section 15163, a Supplemental document is appropriate if any of the above conditions are met, but the revisions needed to the original document would be limited to "minor additions or changes" ( CEQA Guidelines 15163[a][2]). A Supplemental document need only contain the information needed to render the original document adequate to reflect the project and surrounding conditions as currently understood (Guidelines 15163[b]) and as a result can sometimes be a shorter document reflecting a reduced level of effort by comparison with a Subsequent document.

If revisions to an original EIR are needed as a result of changes in the project or surrounding conditions, but none of the conditions listed above that trigger a Subsequent or Supplemental document apply, then the lead agency is required to prepare an Addendum to the original EIR. An Addendum is also appropriate if the revisions needed to an adopted ND or MND would be limited to "minor technical changes or additions" ( CEQA Guidelines 15164[a], [b]) or, again, the triggering conditions listed above do not apply. As identified above, an Addendum is an internal document that does not undergo public circulation, but it can be included with or attached to the original document (Guidelines 15164[c]) and must be "considered" along with the original document in making a decision on the project (Guidelines 15164[d]). The lead agency's record on the projecteither the Addendum itself, the lead agency's Findings on the project, or another portion of the record-must include a brief explanation of the decision not to prepare a Subsequent document, supported by substantial evidence (Guidelines 15164[e]). The simplest approach to satisfy this requirement is usually to include this discussion in the Addendum itself, since it should be supported by the analysis in the Addendum. p°j Redtail Consulting .. Environment & Community Page 2of17 NEWS Project
Implications of Recent Project Changes for CEQA Review
Changes in Project
Site Access
City of Newman
April 11, 2022
As Figure 1 shows, it has become necessary to reconfigure public and O&M access to the NEWS project from what was previously proposed. Access was originally planned via the existing parcel entry just southeast of the Canal School Road/Inyo Avenue intersection, as described in Section 2 of the March 2021 IS. To meet County of Merced (County) safety standards this would require "right in, right out" access, which for most visitors would mean a detour of several miles via Sanches Road (south of Brazo Road) to reach the site. Ideally, to avoid the need for "right in, right out" access while maintaining traffic safety, access should either be directly aligned with Inyo Avenue, or offset farther from the intersection. To address this, we understand that the City explored the possibility of purchasing a portion of the privately owned parcel immediately north of the Newman Community Conservation Area (NCCA) site where NEWS would be located. This would have allowed for additional public parking, with entry from Canal School Road north of Inyo Avenue, and access to the NEWS facility from the north via the existing bridge across the Miller Ditch. As of January 2022, however, it had become clear that the purchase was infeasible, and in order to ensure that County safety standards will be met while providing necessary access to the site, we understand that the City now proposes to shift site access farther south along Canal School Road to a point roughly halfway between Inyo Avenue and Brazo Road.

Here, a new bridge is now planned to cross the Miller Ditch (see Figure 1 ). The bridge is planned as a cast-inplace reinforced concrete structure with a deck approximately 30 feet long. Two alternatives have been considered for the abutment foundations: spread footings (Figure 2) and driven piles (Figure 3). If spread footings are selected, as is currently expected, they are anticipated to have dimensions on the order of 24 feet by 8 feet, with a bottom footing elevation of 75 feet above mean sea level. Figure 3 shows the configuration of the bridge with abutments supported by the alternate pile foundation.

When completed, the bridge would be a clearspan structure with the abutments located outside the Miller Ditch top-of-bank limit (Figures 3 and 4). Rock slope protection may be needed to ensure the long-term stability of the bridge abutments; this is still being evaluated but is shown schematically on Figure 4.

To construct the bridge, it would be necessary to excavate into the Miller Ditch banks. The reach of the Ditch involved in construction would be cofferdammed and dewatered, and flow would be bypassed, likely using large-diameter pipe situated in the Ditch invert to avoid the need for a pump and highline-type bypass. Total earthwork yardage would be approximately 150 cubic yards, with just under 68 cubic yards replaced by the concrete of the abutment footings. The Miller Ditch bed and banks would be restored to their pre-project configuration following construction. The total duration of bridge construction is expected to be on the order of 2 months (Cruz pers. comm.[a], pers. comm.[b]).

Trash Capture Device
Changes in the project's trash capture approach are shown in Figure 5.

As described in Section 2 of the March 2021 IS, the inlet to the NEWS project was originally envisioned as including a proprietary Bio Clean® trash treatment control device (TTCD) so the project would meet State Water Resources Control Board (SWRCB) trash capture standards (State Water Resources Control Board 2015).

Further evaluation during the design process has suggested that the Bio Clean® TTCD is not the optimal solution to control trash and debris entering the NEW facility, however.

The watershed supplying the NEWS project (via the upstream Miller Ditch and the City storm drain and Main Stormwater Pump Station outfalls to the Miller Ditch at Inyo Avenue) includes extensive agricultural lands. The majority of urban stormwater runoff from the City itself is routed to the City's Main Stormwater Pump Station, r:.i Redtail Consulting .. Environment & Community

NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
where trash and some of the sediment load are collected and removed as part of routine maintenance. As a result, input of larger trash and debris from windblown and roadside sources is expected to be fairly minor, but agricultural lands within the NEWS watershed are expected to contribute abundant fine sediment and organics.

Consequently, the design team has concluded that the Bio Clean® TTCD would be at risk of clogging, which represents a maintenance liability-it would be far more efficient and functional, and more consistent with the City's goal of creating a system that requires minimal maintenance and functions as "naturally" as possible, to allow the forebay to collect sediment and organics for periodic removal, with larger windblown and roadside trash removed during the routine maintenance visits already planned. This should be feasible since the system has been designed for a forebay residence time that would enable fine sediment load to settle out effectively.

The Bio Clean® TTCD device has therefore been removed from the NEWS design, and the project is now planned to include trash capture screens located at the sediment forebay discharge pipes to facilitate trash entrainment and removal. This alternate TTCD type is included in the Certified Full Capture System List of Trash Treatment Control devices, is available from different vendors, and would maintain the project in compliance with SWRCB trash capture standards.

Inlet/Outlet Footprint
As originally analyzed, the permanent footprint of the NEWS project inlet and outlet within the Miller Ditch bed and bank limit was estimated at a maximum of 0.002 acre. This combined footprint is now estimated with more certainty as 0.162 acre based on the "95%" working draft design. Temporary impacts of inleUoutlet construction within bed and banks were previously estimated at a maximum of 0.028 acre and are now anticipated to be

0.137 acre. These increases are due to further refinement of the design, which identified the need for more extensive disturbance to accommodate temporary diversion of flow during construction of the inlet headwall and a slightly larger permanent riprap apron associated with the outfall.

CEQA Implications of Project Changes
This section evaluates the effect of Jhe proposed project changes on the project's environmental impacts. There have been no material changes to the "circumstances surrounding the project" ( CEQA Guidelines 15162[a][2]) and to our knowledge no new "information of substantial importance" ( CEQA Guidelines 15162[3]) has come to light; consequently, per CEQA Guidelines Sections 15162[a][1] and 15162[a][3], evaluation focused on outcomes of the project changes themselves.

The proposed project changes are fairly minor in the context of the NEWS project as a whole. They do not alter the project's goals and objectives, would not modify the overall project concept or function, and would not affect the project footprint except for a slight modification to accommodate the new access bridge from Canal School Road. As a result, they have very limited potential to change the project's environmental impacts, as summarized in Table 1 below. Note that the evaluation presented in Table 1 assumes implementation of all adopted Avoidance and Minimization Measures (AMMs) and CEQA mitigation measures, which are detailed in the May 2021-adopted MND and AMM and Mitigation Monitoring and Reporting Program (MMRP) (City of Newman 2021 b, 2021 c). Note additionally that the project would still require permits from the U.S. Army Corps of Engineers (Corps), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (DFW), as assumed in the March 2021 IS. As a result it will continue to be under resource agency oversight and is still expected to be subject to permit terms and conditions in addition to the City's adopted AMMs and mitigation.
r:.i Redtail Consulting • Environment & Community

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I
NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Table 1. Impact Screening Summary and Updates to Impact Analysis Resource Potential for Change in Impact Due to Project Changes Aesthetics Removal of the Bio Clean® TTCD and replacement with trash capture screens at the forebay outlet would not be apparent to the public and would not materially affect the aesthetics of the project from any vantage point, either during construction or over the long term. There may be times when trash is visible at the screens, but trash would be removed during regular weekly operations and maintenance (O&M) visits and thus is not expected to become unsightly. As a result, this change would not alter any of the March 2021 IS findings with regard to aesthetics, and no additional mitigation is required. We also note that to the extent that trash may be visible at the screens, it would provide a good opportunity for additional public education, consistent with the City's goals for the NCCA and the NEWS project.

The new bridge would be a visible project element and would modify the existing aesthetics of the site more substantially than the previously analyzed site access.

However, it would be designed for visual consistency with the project as a whole, and with the project's setting in an agricultural area at the edge of the developed City. It would also incorporate non-glare finishes per the City's adopted mitigation for glare control. It is not currently expected to incorporate night-time lighting, but if lighting is identified as necessary, it would adhere to the requirements of adopted mitigation for good color rendering and control of fugitive glare. Visual effects of constructing the bridge would be effectively addressed by adopted mitigation requiring good construction site housekeeping and visual screening and establishing a Visual Disturbance Coordinator responsible for responding to any public concerns about construction site aesthetics. As a result, the bridge is not expected to alter any of the previous findings with regard to aesthetics over either the short or long term, and no additional mitigation is required.

Alterations now contemplated to the inlet and outlet include a more extensive riprap apron at the finished outlet. This would have some visibility to the public, but would still be comparatively small in extent, and would also be located within the Miller Ditch channel about 900 feet from the nearest public vantage points along Canal School Road and is therefore not expected to be conspicuous. The increased extent of riprap is therefore also not expected to alter any of the previous findings with regard to aesthetics, and no additional mitigation is required.

Agriculture & Forestry Resources No change in impacts is anticipated. The proposed project changes do not affect the project site's location with respect to Prime Farmland, Unique Farmland, forest land, forest and timberland zoning, or parcels under Williamson Act contracts. The project would continue to have No Impact on agriculture or forestry resources. No mitigation is required.

Air Quality Addition of the new site access and bridge would not materially affect the conclusions of the air quality and greenhouse gas emissions analyses presented in the March 2021 IS. The previous analysis of NEWS project emissions (Tamura Environmental 2021) evaluated impacts from 34 weeks' worth of construction that conservatively included ~ Redtail Consulting • Environment & Community
( 1) over 100, 000 cubic yards of offhaul and over 800 one-way haul truck trips (400 round trips), and
(2) nearly 2,500 horsepower (hp) of diesel offroad construction equipment in operation over the course of a 6-week berm construction and pond and berm finishing phase,
and showed that even with these conservative assumptions emissions would be nowhere near the annual significance thresholds. Under the driven pile foundation alternative, bridge construction would involve excavation of less than 100 cubic yards, with relatively light offroad equipment use: approximately 13 days using a 70-ton crane (400 hp), 12 weeks' worth of a trailer-mounted generator, 4 days' worth of pile drilling

NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Biological Resources
r:i Redtail Consulting • Environment & Community
equipment and pile driving hammers, and a little additional backhoe use (Cruz pers. comm.[c]). Under the currently favored spread footing foundation alternative, bridge construction would require slightly more excavation (about 150 cubic yards, of which about 68 cubic yards would be replaced with concrete to form the footings), but would still entail relatively light offroad equipment use: about 8 weeks of trailer-mounted generator use, 19 days of backhoe use, 6 days of dump truck use, 12 days of concrete truck use and 6 days of concrete pump use (one pump serving two trucks), and 5 days of roller/compactor use. The previous analysis was sufficiently conservative to incorporate this scale of project change. Removal of the Bio Clean® TTCD from the project and replacement with trash capture screens would not materially affect the required extent of earthwork or usage of heavy equipment during construction, and thus is also not expected to alter the conclusions of the March 2021 IS with regard to criteria pollutant or greenhouse gas emissions. Similarly, although there would be a small increase in the extent of work for the inlet and outlet, this is within the conservative scope of the previous analysis. Air quality and greenhouse gas emissions impacts are still expected to be Less than Significant, with no mitigation required.

With regard to the San Joaquin Valley Air Pollution Control District's screening threshold of 100 pounds per day (lbs/day) of onsite emissions, the project changes are not expected to impact the NEWS project's ability to stay below that threshold, given that the maximum daily onsite emissions for the activities already analyzed were only 51 lbs/day (Tamura Environmental 2021), reflecting the assumption of nearly 2,500 hp of diesel offroad equipment-two to four medium dozers (Cat 06), one to two medium loaders (Cat 966), and one to two compactors (Cat CP563)--operating simultaneously during earthwork to create the wetland cells. Maximum equipment usage for bridge construction would be one backhoe, one dump truck, and one trailer-mounted generator during excavation, or two concrete trucks and one concrete pump during concrete pouring activities-substantially less than the maximum for earthwork in the wetland cells previously analyzed.

Removal of the Bio Clean® TTCD from the project and replacement with trash capture screens would not affect the project footprint and should improve its function.

Consequently, this project change is not expected to materially alter the project's potential to impact biological resources or the Benefits it would provide to habitat quality and function at the site over the long term, and would not trigger a need for additional mitigation.

The addition of the new bridge access would result in a small alteration in the project footprint and would increase the project's impacts on jurisdictional habitat. However, the bridge is being designed to avoid and minimize such impacts to the extent feasible, and any unavoidable impacts will be communicated to the resource agencies so they can be addressed through an appropriate combination of permit conditions and, if needed, compensatory mitigation, as discussed in the March 2021 IS for the project as originally proposed. Additional protection for jurisdictional habitat over both the short and long term would be provided by the City's adopted AMM for wetland and water quality protection and the project SWPPP. Other biological impacts over both the short and long term would also be effectively reduced by the City's adopted AMMs and mitigation measures, again as discussed in the March 2021 IS; with these protections in place, impacts on biological resources are still expected to be Less than Significant with the bridge access incorporated, and no additional mitigation is required. Further, because it would not alter project concept or function, the bridge would not modify the project's potential to provide long-term Benefits to habitat quality and special-status species at the project site.

The increase in the inlet/outlet footprint would also increase the project's impacts on jurisdictional habitat. However, like the bridge, the inlet and outlet structures have been

NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Cultural Resources
Energy
Geology & Soils
Greenhouse Gas Emissions
Hazards & Hazardous Materials
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designed to minimize their footprint within jurisdictional habitat to the extent feasible, and the unavoidable impacts within the Ditch will continue to be subject to resource agency oversight in the form of permit conditions, and will require compensatory mitigation to satisfy agency requirements. Inlet and outlet construction, like all of the project, would also be subject to the City's adopted AMMs, requirements of the project SWPPP, and adopted mitigation measures. As identified for the new access bridge, with these protections in place, impacts on biological resources are still expected to be Less than Significant, and no additional mitigation is required.

No change in impacts is anticipated. The proposed project changes do not affect the identified low sensitivity of the project site for archaeological resources, and the City's adopted mitigation measures would effectively address unanticipated discoveries, if any, including discoveries of human remains. Findings for all impacts related to cultural resources remain unchanged, and no additional mitigation is required.

Removal of the Bio Clean® TTCD from the project could slightly reduce energy use for construction, but this would be largely offset by the change to trash capture screens and thus is not expected to result in an overall material change in construction energy use. Addition of the new site access and bridge, a larger riprap apron at the outlet, and the increased extent of work needed at the inlet and outlet locations all would likely increase direct and indirect energy consumption during construction due to the added need for materials and equipment usage, but this would be a fairly small increase in the context of the overall project, as discussed in Air Quality and Greenhouse Gas Emissions above. The project changes thus are not expected to substantially alter consumption of energy for project construction, and City policies that recognize the importance of conserving energy resources and avoiding wasteful use of energy would remain in force. The project should therefore continue to have No Impact related to wasteful, inefficient, or unnecessary consumption of energy, and No Impact with regard to conflict with applicable state or local plans for renewable energy or energy efficiency.

No mitigation is required.

No change in impacts is anticipated. The proposed project changes would not alter the project's geologic context, the applicable building codes, or the requirement for adherence to recommendations of site-specific geotechnical investigations during design and construction, and the City's adopted mitigation for impacts on topsoil and paleontological resources would remain in force. Findings for all impacts related to geology, soils, and related resources remain unchanged, and no additional mitigation is required.

No change in impacts is anticipated; see discussion in Air Quality above. Additionally, because the project changes would not alter the nature of the project or the planning context in which it would be implemented, they would have no effect on the project's potential to conflict with applicable GHG plans, policies, or regulations. The project would continue to have No Impact with regard to such conflicts, for the same reasons laid out in the March 2021 IS. No mitigation is required.

The proposed project changes would not alter the project's setting (not located on a listed hazardous materials site) and would not materially alter the use of hazardous materials for construction or O&M. The City's adopted mitigation for unanticipated discoveries of hazardous materials and for potential effects related to soils with elevated mercury content would remain in force. With this mitigation in place, impacts are still expected to be Less than Significant. No additional mitigation is required.

Removal of the trash capture device could result in increased delivery of contaminated sediments to the forebay. However, the City's adopted mitigation requiring testing of forebay sediment prior to disposal, enabling appropriate handling and disposal of the sediment, would also remain in force and should effectively address this potential.

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Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Hydrology & Water Quality
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Impacts are still expected to be Less than Significant with this mitigation incorporated, and no additional mitigation is required.

Removal of the Bio Clean® TTCD from the project and replacement with trash capture screens would not materially alter the project construction process, nor would it modify the project's overall hydraulic or hydrologic function or its potential to provide long-term Benefits to downstream water quality by treating stormwater runoff that is currently discharged untreated to the Miller Ditch for ultimate delivery to the San Joaquin River.

On the contrary, it would likely improve project function and reduce the need for O&M, likely reducing the use of City groundwater supply for O&M, and better supporting overall project Benefits. Removal of the Bio Clean® TICD is therefore not expected to alter any of the March 2021 IS's findings with regard to hydrology or water quality.

Expansion of the work footprint to construct the new inlet and outlet would also not materially alter the construction process, modify the project's overall hydraulic or hydrologic function, or change the environmental measures to which construction is subject. It also would not modify the project's overall approach of using natural wetland processes for water treatment or reduce the project's potential to provide long-term Benefits to downstream water quality. Over the long term, because the expanded riprap apron would be designed and installed to avoid interference with Miller Ditch flows, it is not expected to result in scour, flow diversion, or insufficient channel capacity; rather, it would provide for improved channel integrity and should stabilize the channel overall. Even if the riprap apron is considered as a new area of impervious surface (possible, since it could be anchored in concrete), the extent of the surface would be so small when completed that it should not materially impede groundwater recharge, to the extent this may be occurring via the Miller Ditch channel. Changes in the inleUoutlet design are therefore not expected to alter any of the previous findings with regard to hydrology or water quality.

Accordingly, the following discussion, which is organized in parallel to the analysis in the March 2021 IS, focuses primarily on the new site access and bridge.

Potential to Degrade Water Quality
Although bridge construction would entail work at an additional location within the Miller Ditch, and would require additional flow diversion and dewatering to accommodate inchannel work, water quality would continue to be protected during construction by the City's adopted AM Ms, the requirements of the project Stormwater Pollution Prevention Plan (SWPPP), and-if deemed necessary by resource agency staff-additional permit conditions, as discussed in the March 2021 IS for the project as originally proposed.

Water quality would continue to be maintained over the long term by the City's adopted AMM for wetland and water quality protection in combination with permit conditions, again as the March 2021 IS identifies. The project's impacts with regard to maintenance of water quality standards, compliance with any applicable waste discharge requirements, and potential for degradation of surface and groundwater quality are thus expected to remain unchanged from the findings of the March 2021 IS.

No mitigation is required.

Potential to Interfere with Sustainable Groundwater Management By increasing the extent and duration of project construction, the addition of the new site access and bridge would increase the use of water during construction-for instance, for dust control during excavation and for the concrete used in the new bridge structure. Assuming the contractor uses City water supply, this would increase groundwater usage for project construction. However, use would still be limited, temporary, and short-term, and the project would still be within the overall scope of construction anticipated in the City's water demand planning. The project is therefore still expected to have No Impact on sustainable groundwater management during construction, and no mitigation is required.

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Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Addition of the bridge would not alter use of City supply for watering of the new plantings during the establishment period, or long-term use of City supply for irrigation in the gateway area, nor is it expected to materially alter the use of City supply for O&M. The new site access would slightly increase the area of impermeable surface at the project site due to the need for added paving in the bridge apron at the edge of Canal School Road, as well as the concrete bridge deck itself, and possibly also the small areas of rock slope armoring that may be needed to ensure long-term scour protection and stability of abutment foundations. However, the new area of impervious surface would be kept to the minimum needed to satisfy County standards and the needs of bridge function, and would be quite small, particularly when considered in the context of the subbasin as a whole. In view of these considerations, long-term impacts on sustainable groundwater use and recharge in the Delta-Mendota Subbasin are still expected to be Less than Significant overall, and no mitigation is required.

Potential to Alter Existing Drainage Patterns
Increased Erosion or Siltation. During construction, erosion and siltation would continue to be controlled by the City's adopted AMM for water quality protection in combination with the project SWPPP. Over the long term, erosion and siltation associated with O&M would be controlled by the adopted AMM for water quality protection. Bridge abutments are expected to be well outside the wetted perimeter of the Miller Ditch, and in any case would incorporate any needed features for scour and erosion control, consistent with applicable standards and current prevailing best practices (shown schematically on Figure 2); the bridge itself is therefore not expected to increase the potential for erosion. Impacts with regard to increased erosion and siltation are therefore still expected to be Less than Significant. In addition, because the change in project access would not alter the project's overall purpose or function, the project is still expected to provide a substantial long-term Benefit to offsite (downstream) delivery of sediment load. No mitigation is required.

Increased Runoff Leading to Flooding; Exceedance of Stormwater Drainage Capacity.

The new bridge and its hardscape approach apron would slightly increase runoff at the NEWS site; however, as noted above, project design would continue to emphasize the use of permeable surfaces to the extent practicable, the new area of impervious surface would be small, and the new access would be designed for appropriate runoff management, consistent with all applicable standards and current prevailing best practices. As a result, addition of the bridge to the project is not expected to change the findings of the March 2021 IS with regard to increased potential for flooding or potential to result in exceedance of stormwater drainage capacity, either on- or offsite. There is still expected to be No Impact in either of these areas, and because the change in access would not alter project function, there would still be a potential for overall longterm Benefit to stormwater management. No mitigation is required.

New Sources of Polluted Runoff. As noted above, the extent of new impervious surface would be kept to the minimum necessary, but the bridge and its approach would still add a small new source of "urban" runoff to the landscape.1 Runoff from the bridge deck and aprons would drain back toward Canal School Road, where it would be managed along with runoff from the existing paved roadway surface, via an existing roadside ditch in the shoulder area. Because the new area of impervious surface would be very small and comparatively lightly traveled, pollutant delivery is expected to be 1 Urban runoff typically refers to runoff from paved and developed surfaces in urbanized areas, which can carry a wide range of urban-derived pollutants, including but not necessarily limited to byproducts of vehicle travel such as leaked fuels, lubricants, hydraulic fluids, and particles from exhaust and brake lining and tire wear. The term is used loosely here to refer to runoff from hardscape that supports vehicle traffic and therefore would have the potential to carry small amounts of similar vehicle travel byproducts but is not expected to contain other urban pollutants such as pesticides and herbicides.
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Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes P,"'j Redtail Consulting .. Environment & Community
very limited, and impacts are expected to be Less than Significant. No mitigation is required.

Impedance or Redirection of Floodflows. The new bridge access is being designed in consideration of Miller Ditch hydrology and hydraulics to the extent this information is available. In particular, the bridge abutments would be located outside the top of bank limit, and when completed the bridge would be a clearspan structure with its soffit . above the top of bank elevation. As a result, the bridge would not result in impedance or redirection of floodflows within the Ditch. Under extreme flood conditions, the bridge-as an additional above-grade feature within the landscape-would have some potential to impede or redirect overland floodflows on a localized basis. However, as identified in the March 2021 IS for a potential future pump station at the NEWS micropool, floodflows locally diverted or impeded by the bridge would be able to move through adjacent nearly flat-lying areas on an essentially unimpeded basis. As a result, impacts related to impedance or redirection of floodflows are still expected to be Less than Significant, and no mitigation is required.

Potential for Release of Pollutants Due to Flood. Tsunami. or Seiche Inundation As the March 2021 IS identifies, the NCCA site is not considered to be at risk of either tsunami or seiche inundation due to its inland location at a distance from enclosed bodies of water. The proposed project changes would not alter this. The project is therefore still expected to have No Impact with regard to tsunami or seiche inundation.

The March 2021 IS also identifies that the City does not intend to store potential pollutants of any kind at the NCCA site, and the project changes would not affect this planning. As a result, although the site is located within the 100-year floodplain and within the dam failure inundation zone for San Luis Dam, the project is still expected to have No Impact with regard to release of pollutants due to flooding. No mitigation is required.

Potential to Conflict with or Obstruct a Water Quality Control or Groundwater Management Plan
As identified above, addition of the new bridge access would not materially increase the project's potential to degrade water quality. During construction, water quality would be protected by the City's adopted AMMs, the requirements of the project Stormwater Pollution Prevention Plan (SWPPP), and by any permit conditions deemed necessary by resource agency staff. Over the long term, the City's adopted AMM for water quality protection would continue in force to prevent offsite pollutant delivery during O&M activities. As a result, the proposed project changes are not expected to alter the March 2020 IS's finding that the project would have No Impact related to conflict with or obstruction of the applicable water quality control plan, which is the Water Quality Control Plan for the California Regional Water Quality Control Board, Central Valley Region, Fifth Edition (Central Valley Regional Water Quality Control Board 2018).

Moreover, to the extent that removal of the Bio Clean® TTCD from the project inlet and replacement with trash capture screens at the forebay discharge supports more efficient project function and reduces O&M needs, this would be supportive of the project's purpose to improve the quality of water discharged to the Newman Wasteway, and thus ultimately supportive of water quality control plan goals. This represents a project Benefit. No mitigation is required.

As discussed above, the proposed project changes would not materially alter the project's potential to affect sustainable groundwater management. As a result, they would not alter the March 2021 IS's conclusion that the project would have No Impact related to conflict with or obstruction of the applicable groundwater management plans, which are considered to include the Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group (San Joaquin River Exchange Contractors GSP Group 2019a) inclusive of Appendix Q (San Joaquin River Exchange

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Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Land Use & Planning
Mineral Resources
Noise
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Contractors GSP Group 2019b), and the City's Urban Water Management Plan (City of Newman 2016). No mitigation is required.

No change in impacts is anticipated. The project footprint would not change except for the small increase due to the addition of the new bridge from Canal School Road and the larger inlet/outlet footprint. The project would therefore continue to have No Impact with regard to physical division of an established community, for the same reasons explained in the March 2021 IS. Additionally, since the proposed project changes would not affect project goals and objectives or the overall nature of the project, the project would remain consistent with all applicable land use plans, policies, and regulations, including but not limited to the County General Plan (County of Merced 2013). The project would continue to have No Impact related to conflict with such plans, policies, and regulations. No mitigation is required.

No change in impacts is anticipated. Since the proposed project changes would not alter project siting, there would be no change in the project's relationship to identified mineral resources or policies that govern the potential for mineral resources extraction in the project vicinity (primarily, the County zoning code and implementing policies).

The project is still expected to have No Impact on mineral resources of statewide, regional, or local importance, for the reasons identified in the March 2021 IS. No mitigation is required.

Construction
Noise. Removal of the Bio Clean® TTCD from the project inlet and replacement with trash capture screens at the forebay outlet is not expected to materially change either the level of noise generated by project construction or the duration of construction noise generation. It would like result in slightly less generation of noise during O&M since it would eliminate the need to use a vacuum truck and pressure washer attachment for TTCD cleaning. Removal of the Bio Clean® TTCD from the project therefore would not change the prior findings, and no additional mitigation is required.

Addition of the new access bridge to the project would increase the duration and complexity of work in proximity to residences along Canal School Road. The increased extent of work at the inlet and outlet could also slightly increase the duration of construction along the north edge of the project site, in relatively close proximity to the southwest edge of the developed City. However, in both cases the City's adopted mitigation, which limits construction hours within 1,500 feet of residences and requires the City to designate a Noise Disturbance Coordinator responsible for resolving noise complaint issues would remain in force and should effectively reduce the potential for disturbance. With these measures in place, impacts related to construction noise are still expected to be Less than Significant, with no additional mitigation required.

Vibration. If the "abutments with spread footing foundations" alternative is selected, vibration generated by bridge construction would be similar to that from earthwork, but probably less than the earthwork worst case, since less heavy equipment would be required, and the same restrictions on use of impact and vibratory equipment in proximity to residences would apply, per the City's adopted mitigation. The spread footings foundation alternative is therefore not expected to change the conclusions of the March 2021 IS with regard to construction-generated vibration. No additional mitigation is required.

If the "abutments with driven pile foundations" alternative is selected, the piles would be installed using an impact pile driver. The matrix below summarizes the typical range of vibration levels associated with impact pile driving at the standard 25-foot reference distance. Actual values would depend on equipment and substrate conditions but are expected to fall somewhere within this range, or close to it.

Vibration at 25 Feet from Source

NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Upper range
Typical
Peak Particle Velocity (PPV)
(inches/second)

1.518

0.644
* VdB =vibration decibels
Source: Federal Transit Administration 2006
Vibration Velocity Level (Lv)
(VdB*)
112
104
At worst, construction vibration can be both damaging to structures and annoying or disturbing to their occupants. However, vibration attenuates with distance, and the closest structures to the new bridge site (residences and outbuildings along the west side of Canal School Road) are at least 300 feet away. Assuming "upper range" vibration generation as shown in the matrix above, calculations using standard Federal Transit Administration (FTA) (2006) methods indicate that at a distance of 300 feet from the work site maximum vibration levels would be on the order of PPV = 0.0051 inches/second or VdB = 80, well below the 0.12 inches/second threshold at which even the most sensitive structures would be expected to sustain damage. Assuming "typical" vibration generation for impact pile driving, calculations using the same methodology indicate vibration levels of PPV = 0.0155 or 72 VdB at a distance of 300 feet, again well below the threshold for damage to sensitive structures. Significant impacts related to damage to structures are therefore not expected.

Nonetheless, vibration at these levels can be annoying; the FT A (2006) considers a vibration level of 70 - 75 (VdB) the typical threshold at which vibration can begin to create annoyance. Pile driving equipment is expected to be a Delmag D30-32 or similar (Cruz pers. comm.[d]), which is on the smaller end of the range of pile driving equipment (see for example https://pileco.com/ D30_32.html), so the upper limit estimate of 80 VdB at 300 feet is probably conservative, but even vibration levels of 72 VdB could be annoying to neighbors who are engaged in restful activities or are especially perceptive. Pile driving activities are expected to last a maximum of about 4 days, however, and would be subject to the same limitations on work hours as other construction activities; this is expected to reduce the potential for disturbance.

Additionally, if complaints are received, the Noise Disturbance Coordinator would be responsible for working with residents and the construction team to address concerns, which could include further adjustments to work hours to better accommodate resident needs. With the City's adopted mitigation in place, and particularly considering the temporary and very short-term nature of pile-driving activities and the City's policy of noticing residents in advance of construction so they can plan accordingly,2 potential vibration annoyance impacts under the "abutments with driven pile foundations" alternative can be considered Less than Significant, with no additional mitigation required.

Operations & Maintenance
Removing the Bio Clean® TTCD could slightly decrease O&M needs and associated noise and vibration gene With regard to the San Joaquin Valley Air Pollution Control District's screening threshold of 100 pounds per day (lbs/day) of onsite emissions, the project changes are not expected to impact the NEWS project's ability to stay below that threshold, given that the maximum daily onsite emissions for the activities already analyzed were only 51 lbs/day (Tamura Environmental 2021), reflecting the assumption of nearly 2,500 hp of diesel offroad equipment-two to four medium dozers (Cat D6), 2 The City requires advance notice for all construction and worl<s with contractors to develop the noticing approach. Notice must be provided in English and Spanish, and notices are subject to review and approval by the City Public Works Director prior to posting/circulation. If traffic control is required, as it will be for portions of bridge construction, separate notice is also provided to the Newman Police Department, Fire Department, and area schools.

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Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes Population & Housing
Public Services
Recreation
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one to two medium loaders (Cat 966), and one to two compactors (Cat CP563)- operating simultaneously during earthwork to create the wetland cells. Maximum equipment usage for bridge construction would be one backhoe, one dump truck, and one trailer-mounted generator during excavation, or two concrete trucks and one concrete pump during concrete pouring activities-substantially less than the maximum for earthwork in the wetland cells previously analyzed. With regard to the San Joaquin Valley Air Pollution Control District's screening threshold of 100 pounds per day (lbs/day) of onsite emissions, the project changes are not expected to impact the NEWS project's ability to stay below that threshold, given that the maximum daily onsite emissions for the activities already analyzed were only 51 lbs/day (Tamura Environmental 2021), reflecting the assumption of nearly 2,500 hp of diesel offroad equipment-two to four medium dozers (Cat 06), one to two medium loaders (Cat 966), and one to two compactors (Cat CP563)-operating simultaneously during earthwork to create the wetland cells. Maximum equipment usage for bridge construction would be one backhoe, one dump truck, and one trailer-mounted generator during excavation, or two concrete trucks and one concrete pump during concrete pouring activities-substantially less than the maximum for earthwork in the wetland cells previously analyzed.ration. It would not affect visitor usage patterns.

Addition of the bridge to the project is not expected to materially change O&M needs or visitor usage patterns, and thus should not alter overall O&M noise or vibration generation. Moreover, moving the site access (where vehicles, including buses, would be accelerating on departure from the facility) to the location now proposed would increase its distance from most of the houses along Canal School Road and on Inyo Avenue near the Canal School Road intersection. This would decrease the potential for noise disturbance associated with proximity to the site access.

Changes in the inleUoutlet footprint would not materially alter O&M needs.

Noise and vibration impacts associated with NEWS project O&M are therefore still expected to be Less than Significant, and no mitigation is required.

No change in impacts is anticipated. The proposed project changes would not alter the project's location or modify its overall nature, and thus would not change its potential to result in unplanned population growth or to affect the availability of housing. The project is still expected to have No Impact with regard to population and housing. No mitigation is required.

No change in impacts is anticipated. Since the proposed project changes would not affect the project's location, overall nature, or planned function, they would not increase its potential to generate a need for new public services or related public service facilities. The project is still expected to have No Impact with regard to provision of public services such as fire and police protection and schools. Additionally, the project would continue to offer new opportunities for passive recreation-which would be improved by the bridge access now proposed since access would be safer and easier-and thus would still offer an overall Benefit to park resources in the City and surrounding area. No mitigation is required.

No change in impacts is anticipated. As noted under Public Services, the project would continue to offer new opportunities for recreational access and thus would help to satisfy demand for parks rather than increasing it. The purpose of the March 2021 IS analysis was to assess the impacts of constructing, operating, and maintaining the NCCA projects, including but not limited to their recreational components. As discussed in the March 2021 IS and elsewhere in this table, there would be potential for Significant impacts on several resources as a result of the NEWS project. However, the City has adopted mitigation measures that will be implemented to address those impacts and these are expected to continue to be effective with the project changes

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Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Resource Potential for Change in Impact Due to Project Changes incorporated. With these measures in place, impacts would continue to be Less than Significant, as detailed in this table. No additional mitigation is required.

Transportation No change in impacts is anticipated.

Removal of the Bio Clean® TTCD from the project and replacement with trash capture screens would have no effect on the project's relationship with the local or regional transportation network and would not affect visitor usage patterns. Changes in the inlet/outlet footprint would also have no effect on the project's relationship with the transportation network or on visitor usage patterns. As a result, neither of these project changes would alter the previous findings with regard to transportation impacts, and they would not trigger a need for any additional mitigation.

The new bridge access was identified in the Transportation section of the March 2021 IS as an alternate to use of the existing site access. It would improve access convenience and safety by comparison with use of the existing site access, would not materially alter the project's relationship with the local or regional transportation network, and would not affect visitor usage patterns. As a result, it is not expected to change the previous findings with regard to transportation impacts, and would not trigger a need for any additional mitigation. Rather, it represents a Benefit to transportation and traffic since it would make access to the project safer and more convenient.

Tribal Cultural Resources No change in impacts is anticipated. The proposed project changes would not alter the project's siting in a location that has no known associated tribal cultural resources. The project is therefore still expected to have No Impact on tribal cultural resources, and no mitigation is required.

Utilities & Service Systems No change in impacts is anticipated. Since the proposed project changes would not affect the project's location, overall nature, or planned function, they would not alter its effects with regard to utilities or service systems. Findings for all impacts related to utilities and service systems remain the same, and no additional mitigation is required.

Wildfire No change in impacts is anticipated. The proposed project changes would not affect the project's location, which does not qualify as wildland, is not on the urban-wildland interface, and is outside the zones of High and Very High Fire Hazard Severity identified by the California Department of Forestry and Fire Protection (2020) for the western San Joaquin Valley and adjacent rangefront. The project is still expected to have No Impact related to increased wildfire-related hazards, and no mitigation is required.

Mandatory Findings of Significance Because the proposed project changes would not materially affect the project's impacts on individual resources, they would not alter its potential to r:.i Redtail Consulting .. Environment & Community
(a) substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory;
(b) result in impacts that are individually limited, but cumulatively considerable; or
(c) have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly
All findings with regard to Mandatory Findings of Significance remain unchanged from the March 2021 IS, the same mitigation continues to apply, and no additional mitigation is required.

NEWS Project
Implications of Recent Project Changes for CEQA Review
Conclusions
City of Newman
April 11, 2022
As identified above, there have been no changes in the circumstances surrounding the NEWS project since adoption of the May 2021 MND and thus there is no potential for such changes to result in new or substantially increased Significant impacts. Similarly, no new information of substantial importance that indicates new or substantially increased Significant impacts as a result of the NEWS project has become available since adoption of the May 2021 MND. Based on evaluation summarized in Table 1, • changes to the NEWS project since adoption of the May 2021 MND would not result in new Significant environmental impacts
• changes to the NEWS project since adoption of the May 2021 MND would not substantially increase the severity of the originally identified Significant impacts Accordingly, it is our conclusion that no further CEQA analysis is warranted at this time. None of the conditions triggering the requirement for a Subsequent or Supplemental CEQA document have been met, and this memorandum is intended to fulfill the role of an Addendum to the May 2021 MND, verifying that CEQA analysis for the NEWS project is complete.

References Cited
California Department of Forestry and Fire Protection. 2020. FHSZ Viewer. Available: https://egis.fire.ca.gov/ FHSZ/. Accessed: August 2020.

Central Valley Regional Water Quality Control Board. 2018. The Water Quality Control Plan (Basin Plan) for the California Regional Water Quality Control Board, Central Valley Region - the Sacramento River Basin and the San Joaquin River Basin. Available: https://www.waterboards.ca.gov/centralvalley/ water_issues/basin_plans/#basinplans. Downloaded: July 2020.

City of Newman. 2016. 2015 Urban Water Management Plan. (July; revised December 2016). Prepared by Gouveia Engineering, Gustine, CA. Available: https://www.cityofnewman.com/docman/public-worksdepartmenU785-d raft-2015-u rban-water-management-plan/fi le. html. Down loaded: March 2020.

City of Newman. 2021 a. Newman Community Conservation Area Master Plan Initial Study and Proposed Mitigated Negative Declaration. Prepared for City of Newman by Redtail Consulting, Fremont, CA.

Available: https://ceqanet.opr.ca.gov/ProjecU2021030323.

City of Newman. 2021 b. California Environmental Quality Act (CEQA) Mitigated Negative Declaration, Newman Community Conservation Area Master Plan. Prepared for the City of Newman by Redtail Consulting, Fremont, CA. On file with City of Newman and Redtail Consulting.

City of Newman. 2021c. Newman Community Conservation Area IS/MND AMM and Mitigation Monitoring and Reporting Program. Prepared for City of Newman by Redtail Consulting, Fremont, CA. Adopted May 25, 2021. On file with Redtail Consulting; available for review at: http://www.cityofnewman.com/docman/citycouncil-elected-officials-elections/city-council-agendas/2021-city-council-agendas/1158-05-25-2021-citycouncil-agenda/file.html.

County of Merced. 2013. 2030 Merced County General Plan. Available: https://www.co.merced.ca.us/ 100/General-Plan. Downloaded: May 2020.
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Cruz, J.C. (Quincy Engineering). Pers. comm.[a]. Email to Taylor Strack (ENGEO). March 15, 2022. On file with Redtail Consulting.

Cruz, J.C. (Quincy Engineering). Pers. comm.[b]. Email and written communication to Anna Buising (Redtail Consulting). March 15, 2022. On file with Redtail Consulting.

Cruz, J.C. (Quincy Engineering). Pers. comm.[c]. Email to Anna Buising (Redtail Consulting). February 28, 2022.

Cruz, J.C. (Quincy Engineering). Pers. comm.[d]. Telephone conversation with Anna Buising (Redtail Consulting). March 1, 2022.

Federal Transit Administration. 2006. Transit Noise and Vibration Impact Assessment. (FTS-VA-90-1003-06.) Available: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FT A_Noise _and_ Vibration_Manual. pdf.

Downloaded: August 2018.

Quincy Engineering. 2022a. Miller Ditch Bridge, General Plan, scale 1 :60. Prepared for RICK Engineering, San Luis Obispo, CA and City of Newman. Rancho Cordova, CA. On file with Redtail Consulting.

Quincy Engineering. 2022b. Miller Ditch Bridge, Advanced Planning Study, scale 1 :60. Prepared for RICK Engineering, San Luis Obispo, CA and City of Newman. Rancho Cordova, CA. On file with Redtail Consulting.RICK Engineering. 2021. Improvement Plans for Newman Environmental Wetland System, City of Newman, California (90% Submittal, 10/18/2021), Sheet 6, Improvement Plan - Sediment Forebay, scale 1 :480. Prepared for City of Newman. San Luis Obispo, CA. On file with Redtail Consulting.

RICK Engineering. 2021. Improvements Plans for Newman Environmental Wetland System, City of Newman, California (90% Submittal), Sheet 6, Improvement Plan - Sediment Forebay, scale 1 :480. Prepared for City of Newman. San Luis Obispo, CA. On file with Redtail Consulting.

RICK Engineering. 2022. Improvement Plans for Newman Environmental Wetland System, City of Newman, California ("95%" Draft, 02/2022), Sheet 3, Overall Grading & Sections, scale: 1: 1,200. Prepared for City of Newman. San Luis Obispo, CA. On file with Redtail Consulting.

San Joaquin River Exchange Contractors GSP Group. 2019a. Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group in the Delta-Mendota Subbasin (5-022.07). (December.) Available: http://www.cityofnewman.com/docman/public-works-department/1026-groundwater-sustainabilityplan-for-the-san-joaquin-river-exchange-contractors-g roup/file. html. Downloaded: March 2020.

San Joaquin River Exchange Contractors GSP Group. 2019b. Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group in the Delta-Mendota Subbasin (5-022.07), Appendix Q:

Update on Groundwater Conditions in the Newman Sub-Area of the SJ REC GSP. (December.) Prepared by Kenneth D. Schmidt & Associates, Fresno, CA, for San Joaquin River Exchange Contractors GSP Group and City of Newman. Available: http://www.cityofnewman.com/docman/public-worksdepartment/1026-groundwater-sustainability-plan-for-the-san-joaquin-river-exchange-contractorsgroup/file.html. Downloaded: March 2020.

State Water Resources Control Board. 2015. Inland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE) Plan Trash Provisions. (Resolution No. 215-0019). Available: https://www.waterboards.ca.gov/ plans_policies/. Accessed: March 2022.
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NEWS Project
Implications of Recent Project Changes for CEQA Review
City of Newman
April 11, 2022
Tamura Environmental. 2021. Air Emissions Estimates for Newman Community Conservation Area (NCCA) Master Plan Projects. (March 10.) Prepared for Redtail Consulting and City of Newman. Petaluma, CA. available at: https://ceqanet.opr.ca.gov/2021030323 and on file with Redtail Consulting. r:.i Redtail Consulting .. Environment & Community

California Environmental Quality Act (CEQA)
Mitigated Negative Declaration
Project Title and Contact Information
Project title: Newman Community Conservation Area Master Plan Lead agency name and address: City of Newman
Public Works Department
938 Fresno Street
Newman, CA 95360
Project proponent name and address: Same as above
Contact person and phone number: Kathryn Reyes
Director of Public Works
209 '862. 4448
Project Location and Description
The attached Initial Study analyzes the environmental impacts of implementing four separate but complementary projects under the Newman Community Conservation Area (NCCA) Master Plan (City of Newman 2020). Because the purpose of the Master Plan is to define and describe the projects that will implement the Master Plan vision, analyzing the impacts of constructing, operating, and maintaining the NCCA projects analyzes the impacts of the Master Plan.

As shown in Figure 1, the NCCA site comprises two parcels immediately outside City limits: a 78-acre parcel located southeast of the intersection of Canal School Road and Inyo Avenue (APNs 054-050-019, 054-050- 020) and a 24-acre parcel located to the east along Brazo Road (APN 054-05-010). The NCCA parcels are City-owned.

Figure 2 shows the approximate footprints of the four projects, which include the following. • in the northwest portion of the 78-acre parcel, the Newman Environmental Wetland System (NEWS project), an approximately 21-acre constructed wetland complex that will treat stormwater and dry season runoff from the City and surrounding agricultural lands prior to discharge to the Newman Wasteway and, ultimately, the San Joaquin River
• in the central and east portions of the 78-acre parcel, extending to the central and south portions of the 24-acre parcel, an approximately 11-acre seasonal wetland, riparian, and grassland restoration project (wetland project) emphasizing natural sequestration of greenhouse gases (GHGs) • in the southwest portion of the 78-acre parcel, an additional approximately 16-acre constructed wetland project that is being planned in collaboration with the Environmental Systems Graduate Group at the University of California, Merced (UC Merced) Department of Civil and Environmental rJ Redtail Consulting .. Environment & Community
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City of Newman
Newman Community Conservation Area Master Plan
Engineering to treat water from the Miller Ditch, with a focus on removing agricultural pollutants (Miller Ditch Treatment Wetland project) (MDTW, MDTW project) • in the east and southeast portions of the 78-acre parcel, the Newman Nature Park, which is being planned with community input and may include a wide range of facilities such as a community gathering plaza, outdoor classroom areas, a nature-themed play area, and native plant, rainwise garden, and low-impact development demonstration areas, as well as an unpaved trail network and interpretive signage extending throughout the 78-acre parcel to enable appropriate public recreational access and, ultimately, tie all of the projects together The attached Initial Study also analyzes the effects of extending City water service to the 78-acre parcel to serve limited uses at the NEWS project and Newman Nature Park. Potential alignments for water service extension are shown in Figure 3. For CEQA purposes because the extension of water service to each project would serve only that project and has no separate, independent utility, each water service extension is technically part of the project it would serve. However, the water service extension could involve a footprint outside the NCCA parcels, and would entail different construction activities. This Initial Study thus addresses the water service extension separately, to make sure all impacts are accounted for, even though construction of the water service extension would be coordinated with the NEWS and/or Nature Park projects, and the City would not proceed with the extension unless the corresponding NCCA projects also move forward.

As of the preparation of the Initial Study, the NEWS project and wetland projects are the farthest along in the planning process; the wetland project has been funded by a DFW Wetlands Restoration for Greenhouse Gas Reduction Program grant awarded in 2019 and the NEWS project will be funded by a State Water Resources Control Board (SWRCB) Proposition 1 Storm Water Grant Program Round 2 Implementation Projects grant awarded in early 2021. The NEWS project is currently at the 60% level of design and the wetland project is approaching the 65% design milestone. These two projects are analyzed to the project level.

The City intends to apply for California Department of Parks and Recreation Proposition 68 Statewide Park Development and Community Revitalization Program Round Four funding for the Newman Nature Park in spring 2021 . To the extent feasible with community dialogue still ongoing, the Newman Nature Park is also analyzed to the project level.

Project-level analysis is intended to enable prompt implementation, unless conditions, or the project themselves, change significantly. For instance, if elements not analyzed in this IS/MND are added to the Nature Park based on community input, additional CEQA review may be needed for the Nature Park project.

The MDTW project is the farthest out on the planning horizon; it has been developed in concept, and baseline technical studies are in progress but some details are not available at this time. The MDTW project is therefore analyzed to a more general, programmatic level, with as much information as possible provided. As planning proceeds and more detail on the MDTW project becomes available, the City may also need to conduct a second round of project-level CEQA review for the MDTW project.

Avoidance & The City has committed to a suite of Avoidance and Minimization Measures (AMMs)-laid Minimization out in the NCCA Master Plan-that will be implemented to reduce the potential for adverse Measures: effects on sensitive habitats, water bodies, and the special-status plants and wildlife that may be present on the NCCA parcels. The AM Ms will apply to initial construction of the NCCA projects and will be incorporated into the construction documents for each of the NCCA projects to ensure that requirements and limitations are clear and binding for contractor staff.

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Map Source: modified from City of Newman 2007
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/
CJ City limit
·--. •--· Primary Sphere of Influence
0 Sphere of Influence
IQ County boundary
. --. • • General Plan Planning Area
. --. Waterway
NCCA parcels
1---------, ,' / ' '%-'
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-
Figure 1. NCCA Location and Extent
Newman Community Conservation Area Master Plan Mitigated Negative Declaration City of Newman
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Figure 2. Conceptual NCCA Site Layout
Newman Community Conservation Area Master Plan Mitigated Negative Declaration City of Newman
Aerial Photograph Source: GoogleEarth (imagery date Ol/18/2019, downloaded 03/16/2020) For illustration on ; locations not lield·verified
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Figure 3. Options for Water Service Extension to NEWS and Newman Nature Park Projects Newman Community Conservation Area Master Plan Mitigated Negative Declaration City of Newman
City of Newman
Newman Community Conservation Area Master Plan
Mitigated Negative Declaration
May 2021
The AMMs will also apply to the installation of the water service extension to serve the NEWS project and Newman Nature Park.

Additionally, the AMMs will continue to be in effect for future maintenance or repair activities that have the potential to disturb habitat or otherwise affect special-status species. As individual operations and maintenance (O&M) plans are developed for the each of the NCCA projects, they will incorporate the AMMs, with additional detail as appropriate to facilitate straightforward and effective implementation on a project-specific basis. New AMMs may also need to be developed as the details of project O&M are further developed.

It should be noted that the AMMs are intended to dovetail with the requirements of resource agency permits authorizing the ~CCA projects. In particular, in the years immediately following completion of each project, permit terms and conditions may require more frequent and intensive monitoring of restored and created habitat. In that case, the permit terms and conditions for each project will temporarily supersede the NCCA-wide AMMs within that project's footprint; elsewhere at the NCCA, the AMMs will continue to apply in their most current form.

AMM-1. Routine Reassessment & AMM Updates
At the completion of each NCCA project, GIS-based habitat mapping for the Plan Area parcels will be updated to document changes in habitat distribution as a result of the project.

Over the long term, the Plan Area parcels will be reevaluated for habitat conditions and potential special-status species use every other year. Reevaluation will also include updating maps delineating populations of rare plant species (i.e., plants assigned a California Rare Plant Rank by the California Native Plant Society and plants state- or federally listed as Threatened or Endangered). The evaluation will be conducted by a qualified biologist/ecologist who has experience with wetland and upland habitats in the west-central San Joaquin Valley, will cover both Plan Area parcels in their entirety, and will include, at a minimum, the following activities.
• Assessment of habitat distribution to determine whether the most recent habitat and rare plant mapping is still accurately representative of conditions on the Plan Area parcels
• California Rapid Assessment Method (CRAM) assessment of wetland health and performance
Results will be documented in an NCCA Habitat Assessment Report for City records. The Habitat Assessment Report will also identify the date of the next routine re-survey, enabling survey frequency to be adjusted (increased or decreased) if appropriate based on the rate and nature of change in conditions on the Plan Area parcels. In addition, depending on the extent and nature of changes in Plan Area conditions and the City's planned activities during the next few years, the Survey Report may recommend more detailed reassessment, potentially including re-mapping of habitat, updated delineation of state and federally jurisdictional habitat (wetlands and waters of the United States and State of California), and/or focused surveys for special-status plant and/or wildlife species. ~ Redtail Consulting .. Environment & Community
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In addition to documenting current Plan Area Conditions, the Habitat Assessment Report will include an evaluation of the AMMs in place at the time of the reassessment, and will identify any needed changes to the AMMs, potentially including modification or discontinuation of existing AMMs and/or establishment of new AMMs. Changes to AMMs will only be instituted in the interests of better preserving and protecting habitat values on the Plan Area parcels, in balance with appropriate O&M and recreational/educational access. If adverse changes in habitat conditions or the status of rare plant populations are identified, the Habitat Assessment Report will also include recommendations for corrective action(s).

The City will maintain Habitat Assessment Reports and other relevant documentation such as habitat and jurisdictional delineation mapping and special-status species sighting reports (see AMM-6) on file for ongoing reference in managing the NCCA. If corrective actions are identified as necessary, the City will be responsible for ensuring that they are promptly implemented by qualified personnel.

AMM-2. Appropriate Long-Term Public Access
All public access, including access roadways opened for public trail use, will incorporate appropriate measures to prevent accidental incursions-and discourage intentional accessinto sensitive habitat. Measures will be designed for aesthetic consistency with their natural surroundings, such that they foster a positive and welcoming user experience while protecting sensitive resources to the extent possible. Measures may include carefully selected trail routing as well as split-rail or other suitable fencing, strategically located plantings, and the use of elevated boardwalks. Signage will also be used to inform the public of sensitive resources and foster appreciation for the need to protect them. All signage will be bilingual in English and Spanish to refiect the City's diverse population. Wildlife-proof trash and recycling receptacles will be provided at regular intervals along all trails to discourage littering.

AMM-3. Worker Awareness Training
All construction personnel will be required to attend environmental awareness training before beginning work. All O&M staff and any future interns, student employees, and volunteers will also receive environmental awareness training as part of their routine City training. Training will be provided bilingually in English and Spanish if appropriate.

Training will be delivered by a qualified biologisUecologist and will provide information on the sensitive habitats within the Plan Area (based on the most recent surveys of the Plan Area per AMM-1 ), the special-status species that are known or potentially present, and measures required to protect water quality and sensitive habitats under AMM-4.

For each special-status species, training will include information on listing status, habitat preferences, distinguishing physical characteristics, causes of decline, and measures required to protect the species within the Plan Area. Training will include a hard copy handout that summarizes information presented in the training and includes photographs of habitat resources and species to facilitate identification in the field by construction and O&M personnel.

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AMM-4. Wetland & Water Quality Protection
Best management practices will be implemented for all ground-disturbing activities to prevent siltation and contaminated runoff to wetlands and water bodies within and adjacent to the Plan Area. During construction, this may take the form of a SWPPP prepared and implemented by appropriately qualified/certified personnel. For O&M activities that involve ground disturbance, similar measures will be implemented by City staff. BMPs will also be implemented for all O&M activities that require handling of fuels, lubricants, paints, solvents, and other substances with the potential to degrade water quality.

BMPs will include, but will not necessarily be limited to, the following. • Before work begins, a qualified biologist/ecologist will delineate sensitive areas to be avoided, using pin flags, temporary construction fencing, or another appropriate lowimpact medium. No entry (personnel, equipment, or materials) will be permitted into delineated avoidance areas
• If excavation or ground disturbance is necessary, runoff control measures such as straw wattles, filter rolls, filter fences, or silt fences will be installed to contain disturbed soil materials. Runoff control will be in place prior to groundbreaking. If straw wattles are used, they will consist of certified sterile, weed-free rice straw or similar, suitable for use in sensitive habitat. If filter fences or mesh are used, they will consist of materials, and employ a design, approved by DFW and USFWS as safe for amphibians and reptiles
• If ground disturbance occurs in a vegetated area, the disturbed area wi ll be reseeded immediately following the completion of repairs, using a certified weedfree native species seed mix appropriate to the location and approved by a qualified biologist/ecologist
• Excavated materials wi ll be stockpiled away from sensitive habitat, in areas that are relatively level, and relatively free of vegetation. Stockpiles will be located as far as reasonably feasible from the limits of sensitive habitat, and runoff control measures as described above will be used to prevent delivery of sediment to wetlands and ditches. If wattles are used, they will consist of certified sterile, weed-free materials, as identified above. Any excavated materials not reused on site will be promptly removed to appropriate permanent disposal locations following the completion of work
• All diesel- and gasoline-powered construction equipment and tools, including generator units, will be inspected for leaks and damage prior to mobilization • Fueling, lubrication, and maintenance of vehicles and equipment will be conducted as far as reasonably feasible from wetlands and waterbodies, and will take place offsite if possible. Equipment staging will also be located as far as reasonably feasible from wetlands and water bodies. If onsite fueling, maintenance, or repairs are required , containment measures such as drip pans will be required • To the maximum extent possible, materials staging will also be restricted to paved, surfaced, or upland areas away from wetlands and watercourses l']';i Redtail Consulting .. Environment & Community
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May 2021 Newman Community Conservation Area Master Plan • During all work, appropriate types and quantities of materials will be maintained onsite to contain any spills or releases of materials and prevent them from entering sensitive habitat and jurisdictional waters
• In the event of a spill, appropriate spill response procedures will be initiated as soon as the incident is discovered. If contractor staff are involved, the contractor will be required to notify City staff as soon as feasible, and in no case more than 24 hours after the occurrence; a designated City contact will be specified in the project construction documents for this purpose. If there is any potential for the spill to enter jurisdictional waters, the City will notify the RWQCB
• Food waste will be appropriately contained and disposed, and trash generated during construction and O&M activities will be promptly and properly removed from the site.

AMM-5. Special-Status Plant Protection
Before any work begins at the NCCA site, existing occurrences of rare plant taxa (as defined in AMM-1) will be delineated on GIS-based maps for future reference, based on the results of protocol-level peak blooming period surveys. 1 Mapping will be regularly updated as part of the routine re-surveys required under AMM-1 .

Work will be planned to avoid delineated rare plant occurrences to the extent feasible. Prior to the start of construction and O&M work in the vicinity of delineated occurrences of rare plants, a qualified biologist/ecologist will define the current extent of the occurrence in the field using pin flags, temporary construction fencing, or another appropriate low-impact medium. The delineated avoidance area will include a setback buffer appropriate to the species involved and the nature of the work planned. No entry, staging, or other activity within delineated avoidance areas will be permitted.

If an occurrence of rare plants cannot be entirely avoided, the following additional measures will apply.
(1) Plants that can be avoided will be demarcated by an exclusion area as described above
(2) If possible, work will be scheduled for timeframes when the special-status taxa occurring in the work area are senescent and/or after seed has set (3) If an individual or group of individuals must be removed, one of two options may be employed, followed by monitoring, and, if needed, further corrective action to ensure that over the long term no net loss of the species occurs i. Seeds from the affected species may be collected from existing onsite populations or from another population within the Bennett Valley - San Joaquin River watershed and distributed in the work area following completion of work, or, if the work area cannot be reseeded, in another appropriate location within the Plan Area. Appropriate locations will be 1 Initial mapping was completed in 2020.

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identified based on currently prevailing soil characteristics, site hydrology, and overall habitat conditions at the time of the restoration ii. A nursery with experience growing special-status plants of the western San Joaquin Valley region may be contracted to grow seedlings of the species from locally native seeds (collected from the work area or from another population in the Bennett Valley - San Joaquin River watershed).

Seedlings may be planted in the work area following completion of work, or, if this is not possible, may be planted in another appropriate location within the Plan Area. As identified in (i) above, appropriate locations will be identified based on currently prevailing soil characteristics, site hydrology, and overall habitat conditions at the time of the restoration Note that seeds derived from plants in the Bennett Valley - San Joaquin River watershed may be available from local nurseries, and local nurseries may also be able to propagate seeds from adults grown from locally native collected seeds. In this case, seeds do not need to be collected from the work area.

Prior to impacts and reseeding or replanting, a qualified biologist/ecologist will develop a monitoring and corrective action plan for the revegetated area. The plan will include at least the following components.
• Interim and final success criteria for the revegetated area. The goal will be to match or exceed pre-disturbance population levels in the Plan Area over the long term.

Due to normal variations in population from year to year, average population data for annual taxa can be calculated from several years of data collected • Procedures for annual monitoring for a minimum of 3 years or until final success criteria are met
• Low-disturbance methods for as-needed invasive species control within the replanted area, suitable to site conditions and the rare plant species involved • Corrective actions (additional seeding or planting) in the event interim success criteria are not met
The City will be responsible for ensuring that the monitoring plan is implemented by qualified personnel, and that any corrective action identified as necessary is properly carried out.

AMM-6. Special-Status Wildlife Protection (General)
In the event of a known or potential sighting of special-status wildlife in or near any construction or O&M work area, the following requirements will apply. • Personnel will avoid the animal and will immediately notify designated City staff and the City's on-call biologist, who will advise them on how to proceed; if warranted (depending on the species involved), the biologist will consult with resource agency (DFW and/or USFWS) staff for guidance
• The biologist will respond onsite to relocate the animal or assist in implementing other protective measures, guided by agency input
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• If the sighting is confirmed by the biologist, the species and location will be reported to DFW for inclusion in the California Natural Diversity Database (CNDDB). The biologist will be responsible for making the report
The biologist will also provide a brief memorandum documenting the sighting and any followup actions, including CNDDB documentation, for City records .

AMM-7. Western Spadefoot Protection
To the extent feasible, construction and O&M activities will be conducted during the dry season (May - October), or will avoid entry into and disturbance of ponded features.

If work within or in proximity to ponded features occurs during the rainy season, a qualified biologist will delineate areas to be avoided to prevent impacts on breeding special-status amphibians, using pin flags, temporary construction fencing, or another appropriate lowimpact medium. No entry (personnel, equipment, or materials) will be permitted into delineated avoidance areas.

If work would impact areas with burrows, a qualified biologist will evaluate the burrows to determine whether they are suitable for use by western spadefoot, and will scope any suitable burrows. If any western spadefoot individuals are found within burrows to be impacted, they will be safely excavated from the burrow by hand or small excavator, either by the biologist or under biologist oversight, and will be relocated to a suitable burrow location outside the disturbance area and far enough away that they would not be expected to return.

AMM-8. Giant Garter Snake Protection
To the extent feasible, all construction and O&M activities will avoid impacting or working within 200 feet of the drainage ditches in the Study Area. Once the NEWS and MDTW projects become operational, the same precautions will apply to created water bodies.

Appropriate silt fencing , flagging, and/or other measures will be employed to protect the drainage ditches and other aquatic habitat from direct and indirect impacts, as described in AMM-4.

If work within 200 feet of suitable habitat for giant garter snake is necessary (e.g., for NEWS and MDTW project O&M), the following additional measures will be r~quired. (1) If possible, work within 200 feet of suitable habitat will be conducted between May 1 and October 1, when the species is more active and mortality is less likely (2) At all times of year, prior to work within 200 feet of suitable habitat, before work begins, a qualified biologist will conduct a pre-construction survey of the work area (including access and staging) for giant garter snake. If the species is present, the biologist will notify the City and work will be delayed until the biologist can consult USFWS regarding next steps. Work will not proceed until USFWS has recommended appropriate next steps and these have been implemented. Once work has begun, if activity is suspended for 2 weeks or more, the survey-and, if needed, follow-up-will be repeated
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AMM-9. Northwestern Pond Turtle Protection
Prior to the start of construction or O&M activities, a qualified biologist will conduct a pedestrian preconstruction survey for northwestern pond turtle. The survey will be conducted no more than 24 hours prior to start of work, and will include walking the work area limits and interior and investigating all areas that could be used by the species. If northwestern pond turtle individuals are found, the biologist will relocate them to suitable habitat outside the disturbance area and far enough away that they would not be expected to return.

AMM-10. Nesting Bird Protection
To the extent feasible, construction will be scheduled outside the February 1 - September 15 nesting season. O&M activities reasonably expected to generate substantial sustained disturbance above Plan Area baseline levels and O&M activities that would involve ground disturbance or vegetation removal or trimming will also be scheduled outside the nesting period if possible.

If the types of activities identified above would commence during the nesting season, a qualified biologist will conduct a preconstruction survey for nesting birds. The survey will be conducted within 2 weeks of the start of work, and will cover the entire work footprint, including access and staging, plus a 500-foot-wide buffer. If active nests are found within the survey area, a no-disturbance zone will be established around the nest for the duration of the nesting season, or until the biologist determines that the young have fledged and left the nest; or that the nest has been abandoned. No entry into the no-disturbance zone will be permitted. The no-disturbance zone will be delineated in the field by or under the supervision of the biologist, using temporary construction fencing or another suitable low-impact medium.

The width of the no-disturbance zone will be determined by the biologist, based on • the location of the nest and the amount of vegetative and other screening between the nest and areas where work will take place
• noise and human disturbance levels at the site at the time of the survey and the noise and disturbance expected during the work
• the sensitivity of the species involved and behaviors of the nesting birds, and, if appropriate,
• other site- or species-specific factors
If special-status species are involved, the biologist will consult with the appropriate resource agency(ies) (DFW and/or USFWS) in determining the width of the no-disturbance zone.

If work during the nesting season is suspended for more than 1 week and then recommences, an additional survey will be conducted before work is reinitiated, and the same no-disturbance zone requirements will apply in the event active nests are found.

AMM-11. Western Burrowing Owl Protection
If construction will take place during the western burrowing owl breeding season (February 1 -August 31 ), protocol-level preconstruction surveys will be conducted for this species. O&M activities reasonably expected to generate substantial sustained disturbance above Plan rJ Redtail Consulting .. Environment & Community
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Mitigation
Measures:

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Area baseline levels and O&M activities that would involve ground disturbance will also be subject to this requirement.

Surveys will be conducted by a qualified biologist and will follow the methodology described in DFW's current Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012, or future reports that supersede the 2012 version). Four surveys will be conducted within 2 hours of sunrise or sunset, with the final survey occurring 24 hours prior to the start of construction activities. If active nest burrows are found, the no-disturbance zone requirements described in AMM-10 will apply. If work during the burrowing owl nesting season is suspended for more than 1 week and then recommences, an additional survey will be conducted before work is reinitiated, and the same no-disturbance zone requirements will apply in the event active nests are found.

Based on analysis in the attached Initial Study, the NCCA projects will incorporate the following mitigation measures to avoid, reduce, or compensate for potentially significant environmental impacts.

Aesthetics
Mitigation Measure AES-1. Construction Site Housekeeping and Visual Screening In order to reduce adverse effects related to vegetation removal, earthwork, civil construction, construction staging, and other project-related activities, all NCCA project construction documents will require "good construction site housekeeping" measures such that visual disruption is minimized and the appearance of the active work site is as orderly as possible.

At a minimum, this will include the following requirements. • Work and staging areas will be maintained in a clean, orderly condition at all times • When not in use, equipment and materials will be stored in construction staging areas
• To the extent feasible, staging areas will be located away from public view; visual/aesthetic factors will be considered in locating staging areas • Staging areas will be visually screened, using 8-foot-high chainlink fencing covered with a fabric or other non-reflective material of a neutral color • Debris such as excavation spoils and vegetation slash not slated for onsite reuse will be removed promptly at regular intervals and properly disposed of Mitigation Measure AES-2. Visual Disturbance Coordinator During construction of each of the NCCA projects, informational signage posted at the work site will include the name and contact information for a City staff person to serve as the designated Visual Disturbance Coordinator. The Visual Disturbance Coordinator will be available during regular business hours to monitor concerns and will be responsible for responding to public complaints regard ing construction visual disturbance. In the event a visual disturbance complaint is received, they will be responsible for determining the cause of the complaint and ensuring that reasonable measures are implemented to correct the problem.

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Mitigation Measure AES-3. Use of Non-Glare Finishes
In order to minimize glare generated by new built elements at the NCCA site, all NCCA project construction documents will stipulate the use of low-sheen, non-glare, and nonreftective surface materials. Unpainted metal surfaces will not be permitted unless they have been treated for a low-glare weathered or rusted appearance, and gloss paints will not be used. Wall surfaces and hardscape will be matte and roughened; smooth trowelled surfaces will not be permitted.

The operations and maintenance plan for each of the NCCA projects will also be written to require periodic assessments of the appearance of hard surfaces, with touch-up or replacement of the finish when necessary. The City will be responsible for long-term assessment and maintenance to ensure that the new built elements at the NCCA do not generate excess glare.

Mitigation Measure AES-4. Standards for Nighttime Security Lighting To minimize effects of nighttime security lighting on the community and on wildlife, all NCCA project construction documents will require that any exterior lighting installed at the NCCA meet the following standards.
• Use of nighttime lighting limited to the minimum needed to provide for public and facility safety
• Lighting equipped with photosensor or timer switches, such that lighting is on only when needed (dark hours)
• Full cut-off, shielded luminaires to reduce light spill • Downward-directing lighting only; no use of uplights
• Lighting sources restricted to those that provide good color rendering such as lightemitting diodes (LEDs) and metal halide lamps; no use of high- or low- pressure sodium lamps or mercury vapor lamps
Biological Resources
Mitigation Measure 810-1. Protection and Recovery of Parry's Rough Tarplant at NCCA Site
Design of the wetland project will be configured to avoid removal of existing Parry's tarplant populations to the extent feasible while still accomplishing the project's habitat objectives, based on the mapping developed during the 2020 protocol-level surveys, or the most current updated mapping .

Prior to construction of the NEWS and wetland projects, the City will retain a qualified biologist, botanist, or ecologist with experience in western San Joaquin Valley special-status plants to demarcate avoidance zones around the existing populations of Parry's tarplant that are planned to remain in place, using temporary construction fencing or another appropriate low-impact medium. The avoidance zone around each occurrence will include a 20-foot-wide buffer to reduce the potential for inadvertent and indirect impacts. Entry into Parry's rough ~ Redtail Consulting .. Environment & Community
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tarplant avoidance zones will be prohibited and all construction and staging activity will be excluded.

Additionally, prior to construction of the NEWS project, which is expected to remove occurrences of Parry's rough tarplant, seed will be collected from existing onsite populations of the species and will be included in the seed mix used for the wetland project's native grassland restoration . This requirement will also apply if the wetland project would remove Parry's rough tarplant occurrences. Monitoring protocols and interim and final success criteria for recovery of Parry's rough tarplant in the wetland project native grassland area will be included in the Monitoring Plan developed for the wetland project and will thus be subject to DFW review and approval. Corrective actions in the event Parry's rough tarplant within the native grassland area fails to meet interim success criteria will also be stipulated in the Monitoring Plan, potentially including, but not necessarily restricted to, reseeding in place with seed from onsite sources, and reseeding with onsite seed in other portions of the NCCA site that offer suitable habitat and can be protected over the long term. If corrective action includes reseeding outside the wetland project footprint, the additional reseeded area will be added to the area protected under the wetland project grant contract with DFW and will be monitored and maintained under the wetland project Monitoring Plan.

The City will be responsible for ensuring proper implementation of avoidance, protection, and recovery measures for Parry's rough tarplant.

Mitigation Measure 810-2. Long-Term Protection and Restoration of Coastal and Valley Freshwater Marsh and Other Sensitive Habitats
If areas of Coastal and Valley Freshwater Marsh or another sensitive habitat at the NCCA site are disturbed or damaged by human incursion or other causes, the City will contract with a qualified biologist or ecologist to develop and implement a restoration plan appropriate to the extent and nature of the damage. Restoration measures may include, but will not necessarily be limited to, trash and debris removal, reseeding , replanting from onsite or container stock, and if appropriate, localized recontouring. Exclusion fencing and/or hand watering may also be included, if the biologist/ecologist considers it appropriate to support vegetation reestablishment.

If the damage involves habitat recognized as a sensitive natural community by DFW, the restoration plan will be developed in consultation with DFW and will be requ ired to meet with DFW approval. For all habitats, the restoration plan will be consistent with current best practices for restoration ecology, and will include provisions for follow-up monitoring, interim and final success criteria, and corrective action such as additional replanting to ensure that damage is successfully restored and habitat function and value are maintained over the long term. The City will be responsible for proper development and implementation of the restoration plan and any follow-up monitoring and corrective action(s) it requires.

Cultural Resources
Mitigation Measure CUL-1. Protection of Old Santa Fe Grade The footprint of the wetland project will be developed to ensure that all physical impacts on the historic Santa Fe Grade are avoided. The project construction documents will define the extent of the Santa Fe Grade in the vicinity of the wetland project and will show the footprint Redtail Consulting~
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City of Newman
Newman Community Conservation Area Master Plan
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of the Grade as a "No Disturbance" exclusion area where earthwork and equipment staging will be prohibited. The City's construction management staff will be responsible for enforcing this measure during construction. Similar avoidance will be required during O&M activities, and will be enforced by Public Works staff overseeing O&M at the NCCA site.

Mitigation Measure CUL-2. Retention of On-Call Archaeologist Prior to construction of each of the NCCA projects, the City will retain a qualified professional archaeologist (City's Archaeologist) who meets Secretary of the Interior standards and has experience in San Joaquin Valley archaeology on an on-call basis for the duration of all ground-disturbing activities. The City's Archaeologist will be responsible for reviewing, identifying, and evaluating cultural resources (if any) exposed during construction, for determining whether they qualify as historic resource(s) and/or unique archaeological resource(s) under CEQA, and, if needed, recommending and implementing appropriate follow-up treatment.

Mitigation Measure CUL-3. Worker Awareness Training for Cultural Resources Prior to groundbreaking for each of the NCCA projects, the City's Archaeologist (defined in Mitigation Measure Cul-3) will develop and present in-person, hands-on worker awareness training for historical resources. Training will include information on the possibility of encountering resources during construction; the types of resources that could be seen and how to recognize them; and proper procedures in the event resources are encountered. All field management and supervisory personnel and construction workers involved with grounddisturbing activities will be required to take this training prior to beginning work on the project.

Upon completion of the training, workers will be required to sign a form stating that they attended the training, understand, and will comply with the information presented. The same type of worker awareness training will be required for all City and contract staff engaged in O&M activities that would entail ground disturbance in areas not already disturbed by construction. It will be provided by the City's Archaeologist, or another on-call specialist meeting the same qualifications. The City's Public Works Department will be responsible for ensuring that training is provided for both construction and O&M staff.

Mitigation Measure CUL-4. Evaluation and Treatment of Unanticipated Archaeological Discoveries
If known or suspected cultural resources are discovered during construction or O&M, work in the immediate area of the find will cease and the contractor or O&M staff will be required to notify the City before the end of the work day. The find will be protected in place until the City's Archaeologist (or another specialist meeting the same qualifications) and a trained and qualified Native American monitor who can prove genealogical relationship to at least one of the tribes of the western San Joaquin Valley region have evaluated it and identified appropriate follow-up measures, if any. If the City's Archaeologist determines that the resource qualifies as a historical resource and/or unique archaeological resource under CEQA, they will notify the City and other appropriate parties and recommend follow-up measures to reduce impacts, in accordance with Section 15064.5 of the CEQA Guidelines.

Depending on the nature of the find, follow-up measures may include avoidance, preservation in place, recordation, monitoring during ongoing work, additional archaeological testing, and data recovery, among other options. The City's Archaeologist may recommend completion of a formal Archaeological Monitoring Plan (AMP) and/or Archaeological f!.J Redtail Consulting .. Environment & Community
MND-13
Mitigated Negative Declaration
May 2021
City of Newman
Newman Community Conservation Area Master Plan
Treatment Plan (ATP), potentially including data recovery, if significant archaeological deposits are exposed during ground- disturbing activities. The City will be responsible for proper implementation of the AMP and ATP. If an AMP or ATP is implemented for a project that requires federal permit authorization (for example, Clean Water Act Section 404 permitting), the City will consult with the federal lead agency and, if appropriate, other regulatory agencies, in developing and implementing the AMP and ATP.

If archaeological evaluation, monitoring, or treatment is required, the City's Archaeologist will prepare and file a Monitoring Closure Report with the City, documenting the nature of the find(s), evaluation methods, and outcomes.

Mitigation Measure CUL-5. Procedures for Discovery of Human Remains The treatment of human remains and funerary objects discovered during ground-disturbing construction and O&M activity will comply with all applicable state laws. If known or potential human remains are encountered during activities at the NCCA site, work within 50 feet of the discovery and in any nearby areas reasonably suspected to overlie adjacent remains will cease, the find will be protected in place, and the contractor/O&M staff will be required to notify the City before the end of the work day. The City will promptly notify the Merced County Coroner, who will be responsible for determining whether the remains are Native American. If the Coroner determines that the remains are Native American and are not subject to Coroner authority, the Coroner will notify the Native American Heritage Commission, which is responsible for identifying and notifying descendant(s) of the deceased so they can make recommendations regarding the treatment of the remains. The City will be responsible for facilitating the disposition of remains recommended by the Most Likely Descendant(s). If no satisfactory agreement can be reached as to the disposition of the remains pursuant to state law, the City will respectfully reinter the human remains and items associated with the burial on City property in a location not subject to further subsurface disturbance. A final report detailing the find, follow-up activities, and disposition of remains will be prepared by the City's Archaeologist or other qualified staff, and will be submitted to the City Manager promptly following disposition of the remains. The report will be subject to review and approval by the City Manager.

Geology & Soils
Mitigation Measure GE0-1. Topsoil Protection
To minimize impacts on topsoil resources, construction documents for all NCCA projects will require the following measures for work in vegetated areas. • The area of disturbance will be limited to the minimum needed to accomplish the necessary grading/recontouring
• Revegetation will reuse onsite topsoil to the extent feasible. In areas where topsoil is present, topsoil will be removed and sidecast separate from other excavation spoils, and will be assessed for reuse in habitat restoration/creation by a qualified biologist or ecologist with local native plant expertise. If the topsoil is determined to be suitable for onsite reuse in habitat restoration/creation, it will be maintained in a separate stockpile and will be replaced during revegetation . If site topsoil is determined to be unsuitable-for example, due to the presence of excessive MND-14 Redtail Consuh:ing rJ
Environment & Community ..

City of Newman
Newman Community Conservation Area Master Plan
Mitigated Negative Declaration
May 2021
invasive species seed bank-clean imported topsoil will be used . If possible, import topsoil will be obtained from a local source or sources within the project watershed, with soil properties generally consistent with those of the NCCA site. Import topsoil will also be assessed and approved by the qualified biologist/ecologist prior to use on the site
If operational or maintenance activities require topsoil disturbance or removal, the same measures will apply.

Mitigation Measure GE0-2. Final Design Evaluation and PRMP Development For each of the NCCA projects, the City will retain qualified staff to review the 90% or 100% design submittal and supporting geotechnical report(s). As used here, qualified staff refers to an individual meeting the qualified professional paleontologist criteria defined by the Society of Vertebrate Paleontology (SVP} (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010).

The purpose of the design review will be to determine the potential for ground disturbance to involve paleontologically sensitive geologic units (San Luis Ranch alluvium, Los Banos alluvium, and/or Tulare Formation), based on final design, anticipated depth of disturbance, and construction techniques. As such, the design review may include field reconnaissance, if warranted in the opinion of qualified staff. If there is reasonably foreseeable potential for any of these units to be affected by project-related ground disturbance, the City will require qualified staff (as defined above) to develop a Paleontological Resources Mitigatio·n Plan (PRMP). The PRMP will be consistent with the SVP's Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Pa/eontological Resources (SVP Impact Mitigation Guidelines Revision Committee 2010) and Conditions of Receivership for Paleontologic Salvage Collections (SVP Conformable Impact Mitigation Guidelines Committee 1996). As such, it will provide for at least the following. • Implementation by qualified personnel, including a supervising paleontologist who meets the requirements for a qualified professional paleontologist as defined by the SVP and monitor(s) who satisfy the SVP's requirements for paleontological resource monitors (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010)
• Pre-construction survey with salvage or protection in place, in any areas where there would be surface disturbance of the geologic units identified as highly sensitive for paleontological resources (San Luis Ranch alluvium, Los Banos alluvium, Tulare Formation) ("highly sensitive units")
• Pre-construction and construction-period coordination procedures and communications protocols
• Monitoring of ground-disturbing activities known to involve, or potentially involving, the highly sensitive units. In all areas subject to monitoring, monitoring will initially be conducted full-time for grading and excavation, but the PRMP may provide for monitoring frequency in any given location to be reduced once 50% of the groundF.J Redtail Consulting .. Environment & Community MND-15
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May 2021
City of Newman
Newman Community Conservation Area Master Plan
MND-16
disturbing activity has been completed, based on the professional judgment of the supervising paleontologist
• Provisions for a "stop work, evaluate, and treat appropriately" response in the event of a paleontological discovery, with appropriate treatment identified by the supervising paleontologist (see Mitigation Measure GE0-3) based on the nature of the find and prevailing standards for paleontological resources protection • Sampling and data recovery procedures consistent with SVP protocols (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010, Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee 1996)
• A repository agreement providing for appropriate curation of any recovered materials, consistent with SVP requirements (Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee 1996) • Procedures for the preparation, identification, and analysis of fossil specimens and data recovered, consistent with SVP Requirements (Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee 1996) and any additional requirements of the designated repository institution • Reporting procedures consistent with SVP requirements (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010) Mitigation Measure GE0-3. PRMP Implementation
Prior to groundbreaking for any of the NCCA projects that are determined to warrant a PRMP (see Mitigation Measure GE0-2), the City will retain a supervising paleontologist meeting SVP standards for a qualified professional paleontologist (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010) to implement the requirements of the PRMP. This person may, but will not necessarily, be the same individual who prepared the PRMP. The City will be responsible for ensuring proper implementation of the PRMP.

Mitigation Measure GE0-4. Worker Awareness Training for Paleontological Resources To support effective PRMP implementation and address the potential for unanticipated discoveries where a PRMP is not required, the City will retain qualified staff to present inperson, hands-on worker awareness training for paleontological resources to ensure that construction staff can recognize fossils in the field. Training will be delivered prior to groundbreaking for each of the NCCA projects. As used here, qualified staff refers to an individual who satisfies one or both of the following criteria. • A qualified professional paleontologist as defined by the SVP (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010) who is experienced in delivering training to nonspecialists
• A California-licensed professional geologist (PG) who has expertise in San Joaquin Valley stratigraphy and paleontology and is experienced in delivering training to nonspecialists
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Mitigated Negative Declaration
May 2021
Training will be concise and substantive. It will include information on the possibility of encountering fossils during construction; the types of fossils that may be seen and how to recognize them; and proper procedures in the event fossils are encountered. All field management and supervisory personnel and construction workers involved with grounddisturbing activities will be required to take this training prior to beginning work on the project.

Upon completion of the training, workers will be required to sign a form stating that they attended the training, understand, and will comply with the information presented.

Mitigation Measure GE0-5. Paleontological Consultation for Ground-Disturbing O&M Activities
Prior to ground-disturbing O&M activities in areas not previously disturbed by construction, the City will retain a qualified professional paleontologist as defined by the Society of Vertebrate Paleontology (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010) to review the proposed O&M activities. The purpose of the review will be to determine the level of risk to paleontological resources as a result of the intended ground disturbance and provide advice regarding appropriate risk reduction measures. If the paleontologist considers it warranted, Mitigation Measures GE0-2, GE0-3, and GE0-4 will be implemented. Alternately, the professional paleontologist may identify a reduced approach consistent with the SVP's Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (SVP Impact Mitigation Guidelines Revision Committee 2010) and Conditions of Receivership for Paleontologic Salvage Collections (SVP Conformable Impact Mitigation Guidelines Committee 1996). The City will be responsible for ensuring that the paleontologist's recommendations are properly implemented.

Hazards & Hazardous Materials
Mitigation Measure HAZ-1. Testing and Appropriate Disposal of Forebay Sediment Prior to removal of sediment from the NEWS project and MDTW project forebays, the City will sample the sediment and test it for hazardous constituents. Sampling and testing will follow current applicable best practices consistent with the federal Environmental Protection Agency's Test Methods for Evaluating Solid Waste (SW-846), or current alternate approved under California law. If the sediment is found to qualify as hazardous per State of California standards, it will be handled and treated as a hazardous material, in compliance with all applicable federal, state, and local requirements . Reuse of sediment that qualifies as hazardous will not be permitted; it will be transported by an appropriately qualified and licensed hauler and will be disposed appropriately at either a Class II ("designated" wastes that are non-hazardous but may pose a risk to the environment) or Class I (hazardous wastes) landfill, depending on the nature and level of contamination.

Once sediment from each project's forebay has been tested in at least 3 normal water years, 3 wet years, and 3 dry years, testing may be discontinued if sediment has consistently been shown not to qualify as hazardous per State of California standards.

Mitigation Measure HAZ-2. Hazardous Materials Response
In the event known or suspected hazardous materials are encountered during construction or O&M, work in the vicinity of the find will be suspended until qualified staff (i.e., staff meeting the Environmental Professional qualifications in ASTM E1527-13) retained by the City can assess the nature of the find and stipulate appropriate follow-up and protective measures. lr'J Redtail Consulting • Environment & Community
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Mitigated Negative Declaration
May 2021
City of Newman
Newman Community Conservation Area Master Plan
Work may proceed elsewhere on the site, assuming the discovery appears to be localized. If qualified staff consider it warranted, the City will conduct a Phase II hazardous materials investigation or appropriate equivalent procedure to determine the nature and extent of contamination, evaluate potential risks, and, if appropriate, stipulate additional precautions and/or response measures. Work in areas of known and potential contamination will not resume until the measures stipulated by qualified staff are implemented. If waste disposal is necessary, materials will be handled and disposed of by a licensed waste-disposal contractor and transported by a licensed hauler to an appropriately licensed and permitted disposal or recycling facility, in accordance with local, state, and federal requirements. Project contract documents for all NCCA projects will stipulate contractor responsibilities in accommodating and assisting with the implementation of these commitments, and these requirements will remain in force for all O&M activities at the NCCA.

See also Mitigation Measure C-1 (Pre- and Post-Construction Soil Testing for Mercury) in Cumulative Impacts below.

Noise
Mitigation Measure NOl-1. Reduced Construction Hours in Vicinity of Residences To reduce the potential for disturbance, no construction activity at or adjacent to the NCCA site will be permitted within 1,500 feet of residences on any weekend days or before 8 AM or after 5 PM on weekdays.

Mitigation Measure NOl-2. Noise Disturbance Coordinator During construction of each of the NCCA projects, informational signage posted at the work site will include the name and contact information for a City staff person to serve as the designated Noise Disturbance Coordinator. This person may, but will not necessarily, be the same person designated as the Visual Disturbance Coordinator under Mitigation Measure AES-2. The Noise Disturbance Coordinator will be available during regular business hours to monitor concerns and will be responsible for responding to public complaints regarding construction noise and vibration disturbance. In the event a noise/vibration disturbance complaint is received, they will be responsible for determining the cause of the complaint and ensuring that reasonable measures are implemented to correct the problem.

Mitigation Measure NOl-3. Limits on Use of Impact and Vibratory Equipment Near Residences
No construction equipment or activities reasonably anticipated to generate vibration levels in excess of 94 vibration decibels (VdB) or a peak particle velocity of 0.2 inches per second at a distance of 25 feet from the source will be permitted within 100 feet of existing residences.

Prohibited equipment will include vibratory rollers.

Transportation
Mitigation Measure TR-1. NCCA Usage Monitoring
Prior to construction of the Newman Nature Park, the City will take the following actions to monitor NCCA usage
• At least monthly, the City will conduct one weekday and one weekend user poll at peak use hours to determine the number of visitors onsite, identify whether they are MND-18 Redtail Consulting~
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City of Newman
Newman Community Conservation Area Master Plan
Mitigated Negative Declaration
May 2021
local or from outside the area, and if they are from outside the City's Sphere of Influence, how far they travelled to visit the NCCA. Information on number of visitors per car will also be collected to calibrate understanding of visitors/car trips ratio, supporting more accurate projections of future VMT generation • Data will be maintained by the Public Works Department and will be summarized, reviewed, and evaluated annually to determine whether NCCA usage is generating in excess of 110 trips per day. Data analysis will include projections of coming-year usership and trip generation
When the Newman Nature Park is constructed, the City will ensure that the entrance to the parking area is equipped with a vehicle detection loop or similar technology such that vehicles entering the parking area are counted. The City will also continue to conduct user surveys as described above, and all data will continue to be maintained, and evaluated annually, by the Public Works Department, also as described above.

If or when usership is found to exceed 110 trips per day or alternate screening criteria adopted by the City of Newman through a process consistent with CEQA Guidelines requirements and applicable recommendations of the Office of Planning and Research, or is projected to exceed this threshold in the coming year, the City will implement Mitigation Measure TR-2. Alternately, if at some time in the future a regional VMT reduction program meeting Office of Planning and Research (2018 or future-current) standards is developed and offers other opportunities to address VMT generation (such as in-lieu fees to support mitigation actions that can reasonably be expected to occur), the City may elect to participate in this program rather than implementing Mitigation Measure TR-2, assuming an appropriate offset for NCCA-generated VMT can be demonstrated.

The Public Works Department will also monitor and track VMT associated with O&M at the NCCA site and will seek to minimize VMT where this is feasible without compromising the function, value, or community benefits of the NCCA facilities.

Mitigation Measure TR-2. Reservations System and Usage Management The City will install an automatic gate on NCCA parking lot access and will develop and implement an online reservations system to limit site visitation. This may be used to maintain overall usership at a trip generation level that represents a Less than Significant transportation impact per current guidance from the Office of Planning and Research or other relevant entity, and/or to prioritize local over regional users such that projected VMT generation is maintained at a level below current applicable significance thresholds. If VMT generation is selected as the metric to guide usership management, it will be projected using current prevailing methods as of the time the relevant analysis is prepared. Management of regional usership may use any of several methods to control trip and/or VMT generation, potentially including but not necessarily limited to
• prioritizing group visits that access the NCCA by bus or van, such as school field trips and senior excursions
• promoting and facilitating carpools and ridesharing for NCCA visitors • prioritizing local usage over regional usage
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Mitigated Negative Declaration
May 2021
City of Newman
Newman Community Conservation Area Master Plan
MND-20
• other methods developed by the City based on usership surveys and community priorities and needs
Mitigation Measure TR-3. Overflow Parking Improvements on Inyo Avenue and Brazo Road
If the NEWS project is constructed before the Newman Nature Park, as part of the NEWS project the City will provide improvements to the north shoulder (only) of Inyo Avenue to provide for safe accomodation of overflow parking. The shoulder will be graded if necessary and will be graveled and/or paved for parking. Existing utilities will be protected in place.

Improvements will initially be equal to 20 parking spaces (500 feet), but the City will continue to monitor usage at the NCCA per Mitigation Measure TR-1, and will extend the graveled and/or paved shoulder if necessary, taking into account the anticipated timing of Newman Nature Park construction and increased availability of onsite parking. No Parking signage meeting City standards will be installed along the south side of Inyo Avenue to prevent overflow parking from encroaching on residential frontages and access.

In conjunction with improvements to the shoulders of Inyo Avenue, the City will also coordinate with the County Public Works Department to install No Parking signs along both sides of Canal School Road adjacent to the NCCA, to prevent overflow parking from encroaching on travel and residential frontages and access along Canal School Road.

Installation of signage will be the City's responsibility.

If the NEWS project is constructed after the Newman Nature Park, the City may reevaluate the need for overflow parking along Inyo Avenue based on usage monitoring conducted per Mitigation Measure TR-1 . Improvements as described above will be provided if warranted.

As part of the Newman Nature Park project, the City will provide improvements to the shoulders of Brazo Road to provide for safe accommodation of overflow parking. Shoulders on both sides of the road will be graded if necessary, and graveled and/or paved for parking.

The length of the improvements will initially be equal to 30 parking spaces (750 feet), but the City will continue to monitor usage at the NCCA per Mitigation Measure TR-1, and will expand the graveled and/or paved shoulder length as needed. If the Newman Nature Park is constructed before the NEWS project, No Parking signage along both sides of Canal School Road adjacent to the NCCA will be installed at the time the Nature Park is constructed .

All improvements along Inyo Avenue and Braze Road will be the City's responsibility but Braze Road improvements will be coordinated with the County Public Works Department and will meet County roadway standards as laid out in the current version of the Merced County Department of Public Works Improvement Standards and Specifications.

Cumulative Impacts
Mitigation Measure C-1 . Pre- and Post-Construction Soil Testing for Mercury Prior to construction of the NEWS, wetland, and MDTW projects, the City will conduct further testing to characterize mercury levels in soils involved in project earthwork. Samples will be collected from at least 3 locations within each proposed habitat type within each project footprint. Soil testing will also be conducted in the footprint of the Newman Nature Park, with samples collected from at least 3 locations within each area planned for earthwork and/or Redtail Consulting~
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City of Newman
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May 2021
future public use. At each location within each project, samples from surface, mid-depth, and maximum anticipated depths of excavation will be collected. Sample locations will be areally distributed to maximize coverage, and sample locations at the NEWS, wetland, and MDTW projects will be coordinated with RWQCB staff and subject to RWQCB approval. Sample collection will conform to Chapter 3 (Inorganic Analytes) of EPA's SW-846 Compendium.

Testing will conform to EPA Method 7473.

Site soils found to exceed the 0.1 mg/kg total mercury (dry weight) threshold will be removed from the site and disposed of appropriately, consistent with all applicable state and federal protocols. Alternately, they may be separately stockpiled for onsite reuse in lower fill lifts that will not be exposed at the surface and will not be subject to surface water flow or ponding when the project is complete. If soils are stockpiled for reuse, stockpiles will be covered and soils will be watered during placement, to prevent the generation of fugitive dust with elevated mercury levels, and runoff control will be in place to prevent offsite transport.

Appropriate personal protective equipment will be required for all construction-site personnel working with or potentially exposed to these soils, consistent with any applicable California state requirements.

At the NEWS, wetland, and MDTW projects, once construction is complete, and before new water flows are introduced to the project, at least one soil sample will be collected and analyzed from each habitat type/land use within the project footprint (including wetland habitat, uplands, and-if any-access roadways and parking area). At the Newman Nature Park, at least one sample will be collected within each public use area that has exposed soils (i.e., is not paved or surfaced); multiple samples will be collected from each trail, covering and characterizing the length of the trail. Sample locations at the NEWS, wetland, and MDTW projects will be coordinated with RWQCB staff and will be subject to RWQCB approval, and sampling and analysis protocols will be the same as those identified above.

The purpose of this second round of analysis will be to verify that all surface-exposed soils and soils exposed to surface water ftow or ponding are below the 0.1 mg/kg total mercury (dry weight) threshold. If this is confirmed, no further action with regard to soils will be required. If any soils are found to exceed the 0.1 mg/kg total mercury (dry weight) threshold; remedial action will be taken. Remedial action at the NEWS, wetland, and MDTW projects will be coordinated with RWQCB staff and a remedial action plan will be submitted to the RWQCB and must be approved by the RWQCB before action is taken. At all of the projects, remedial actions may include, but will not necessarily be limited to, the following: capping with clean imported fill verified to contain levels below the 0. 1 mg/kg total mercury (dry weight) limit, removal, appropriate disposal, and replacement with clean imported fill verified to contain levels below the 0.1 mg/kg total mercury (dry weight) limit, or-where feasible without impeding the function of the project-capping with rock or permeable paving media.

At all four NCCA projects, unless preconstruction soil testing has shown that soils within the project footprint are consistently below the 0.1 mg/kg total mercury threshold throughout the site, future modifications requiring earthwork in areas not previously disturbed by construction will be subject to the same testing and remedial action requirements laid out for construction.
~ Redtail Consulting • Environment & Community
MND-21
Mitigated Negative Declaration
May 2021
City of Newman
Newman Community Conservation Area Master Plan
MND-22
Mitigation Measure C-2. Aqueous Mercury Monitoring and Management Following construction completion at the NEWS, wetland, and MDTW projects, the City will conduct testing for aqueous methylmercury levels in input, onsite, and effluent waters.

Testing will be initiated once vegetation is established and each project is determined by the design team or other appropriately qualified personnel to be functioning at a mature level.

Samples will be collected from the following locations. • NEWS project: Miller Ditch input to project, at least one location within each wetland cell within project, micropool, discharge to Miller Ditch • Wetland project: Miller Ditch input to project, at least one location within each wetland habitat type on 78-acre parcel, at least one location within each wetland habitat type on 24-acre parcel
• MDTW project: Miller Ditch input to project, at least one location in each wetland cell within project, discharge from project
Sample collection will follow EPA Method 1669 or updated EPA equivalent. Samples will be analyzed consistent with EPA Method 1631 or updated EPA equivalent. Sample locations will be coordinated with RWQCB staff and will be subject to RWQCB approval.

The goal of sampling and analysis will be to show that wetlands on the NCCA site are not increasing methyl mercury above input levels. Testing and analysis will be conducted each year for a minimum of 3 consecutive years. lf the methylmercury level in any of the tested samples is found to substantially exceed the level in input waters to the project (as determined by the City in consultation with RWQCB staff) 1 corrective action will be taken. A corrective action plan will be submitted to RWQCB staff for review and feedback, and may includej but will not necessarily be limited to, the following: managing wetland inputs seasonally, managing wetland throughput to modify residence times, and capping of bottom sediment in the location producing exceedance. If/when sampling has shown that NCCA wetlands are not increasing methlymercury above input levels over 3 consecutive years of testing, no further action with regard to aqueous methylmercury will be required.

To enable the NCCA projects to contribute to long-term increased understanding of mercury cycling in enhanced and restored wetlands, the City will provide the RWQCB with annual reports describing that year's ( 1) sampling and analysis activities, (2) results, and (3) corrective actions implemented, if any. Activities and results will be detailed on a projectspecific basis, but monitoring reports for all three projects may be combined for efficiency.

Mitigation Measure C-3. Integrated Pest Management and Limited Use of Chemical Pesticides
Pest and invasive species control at the NCCA-whether conducted by City staff or by contractor(s) retained by the City-will emphasize Integrated Pest Management (IPM) practices consistent with prevailing best practices and current guidance of the Integrated Pest Management Institute of North America. The City's Public Works Department will be responsible for ensuring that IPM is the go-to standard operating procedure for the NCCA.

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May 2021
Reference
Cited:

Use of chemical pesticides and herbicides will be avoided to the extent practicable at the NCCA while maintaining habitat function and quality and appropriate public recreation values. Pesticides and herbicides for which impairments have been identified in immediate downstream receiving waters (the Newman Wasteway and San Joaquin River) will not be used under any circumstances. As of 2021, prohibited substances are Group A pesticides, chlorpyrifos, diazinon, diuron, and simazine, in addition to all substances banned in the United States. The City's Public Works Department will be responsible for reviewing the State Water Resources Control Board's Clean Water Act Section 303[d] list as it is updated and ensuring that if additional pesticide or herbicide impairments are identified in the Newman Wasteway or San Joaquin River downstream of Mud Slough, these substances are added to the list of substances prohibited at the NCCA.

City of Newman. 2021. Newman Community Conservation Area Master Plan. (Third Administrative Draft.) (February.) Prepared for City of Newman by Redtail Consulting, Fremont, CA. Appendix A to the attached Initial Study.

Determination
In accordance with local procedures for compliance with the California Environmental Quality Act (CEQA), the Public Works Department has completed the attached Initial Study to evaluate the potential for the NCCA Master Plan and the projects it comprises to result in significant adverse effect(s) on the environment, and on the basis of analysis in the Initial Study recommends the following determination. • Although the projects have the potential to result in significant effects on the environment, there would not be a significant effect in this case because revisions in the project (in the form of mitigation measures) have been made by or agreed to by the project proponent • A Mitigated Negative Declaration should be prepared
• An Environmental Impact Report (EIR) is not required
Findings
Based on the analysis and findings presented in the project Initial Study (attached), implementation of the NCCA Master Plan and the projects it comprises will not have a significant effect on the environment, for the following reasons.
• As discussed in Section 3 of the Initial Study, with the identified Avoidance and Minimization Measures and mitigation measures incorporated, potential short- and long-term environmental impacts would be avoided or reduced to Less than Significant levels
• The NCCA Master Plan and projects would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory
• For the most part, the NCCA Master Plan and projects would not make Considerable contributions to existing Significant cumulative impacts nor would they individually or collectively create new Significant l'!'J Redtail Consulting .. Environment & Community
MND-23
Mitigated Negative Declaration
May 2021
City of Newman
Newman Community Conservation Area Master Plan
cumulative impacts over time. Thus, for the most part, they would not have impacts that are individually limited, but Cumulatively Considerable.

However, as with many wetland projects in California, there is a possibility that the NEWS, wetland, and MDTW projects could result in increased mercury methylation. Offsite discharges from the NEWS and MDTW projects could thus exacerbate existing downstream levels of bioavailable mercury, potentially rising to the level of a Cumulatively Considerable contribution to the existing Significant impact related to impairment of downstream waters for mercury. All three projects could also increase bioaccumulation of methylmercury, potentially making a Cumulatively Considerable contribution to existing mercury bioaccumulation documented regionally, and/or, over time, creating a new Significant impact with regard to local bioaccumulation of methylmercury. To address these concerns, the City has committed to implementing Mitigation Measures C-1 (Pre- and Post-Construction Soil Testing for Mercury) and C-2 (Aqueous Mercury Monitoring and Management).

Mitigation Measure C-1 provides for pre-construction mercury testing of soils in the NEWS, wetland, and MDTW footprints and requires the City to offhaul and appropriately dispose of any soils exceeding a mercury content threshold approved by the RWQCB, or to limit the use of such soils use to lower lifts of fill where they will not be exposed at the surface and will not be subject to surface water flow or ponding when the project is complete. Mitigation Measure C-1 also requires the City to conduct postconstruction soil testing before water flows are introduced to the NEWS, wetland, and MDTW projects to verify that soils with elevated mercury levels have successfully been excluded or contained, and prescribes corrective actions under RWQCB oversight in the event this is not the case. Mitigation Measure C-2 requires ongoing aqueous mercury monitoring and management at the NEWS, wetland, and MDTW projects until it has been shown that the projects are not increasing methylmercury levels above values in input waters.

With these measures in place, the three projects' individual and collective contributions to existing downstream impairments for mercury and to existing regional bioaccumulation of methylmercury would be reduced to the extent feasible and would be under RWQCB oversight. The projects' individual and collective potential to result in a new, localized cumulative impact with regard to mercury bioaccumulation would also be reduced to the extent feasible and would be under RWQCB oversight.

In addition, with Mitigation Measure C-2 incorporated, the NEWS, wetland, and MDTW projects stand to provide a Benefit to understanding of mercury presence and cycling in constructed and restored San Joaquin Valley wetlands. Residual contributions, and residual impacts, if any, are considered Less than Cumulatively Considerable and Less than Significant respectively.

Additionally, there is some potential that O&M at the NCCA could make a Cumulatively Considerable contribution to existing impairments for pesticides and herbicides in the Newman Wasteway and San Joaquin River, which also represent a Significant existing cumulative impact. However, Mitigation Measure C-3 (Integrated Pest Management and Limited Use of Chemical Pesticides) will require O&M activities to emphasize Integrated Pest Management (IPM) techniques and avoid of the use of chemical pesticides and herbicides to the extent feasible. It also prohibits the use of the specific pesticides and herbicides for which impairments have been identified in the Newman Wasteway and San Joaquin River under any circumstances. As of 2020, prohibited substances are Group A pesticides, chlorpyrifos, diazinon, diuron, and simazine. Under Mitigation Measure C-3, the City's Public Works Department will be responsible for reviewing the State Water Resources Control Board's Clean Water Act Section 303[d] list as it is updated and ensuring that if additional pesticide or herbicide impairments are identified in the Newman Wasteway or San Joaquin River downstream of Mud Slough, these substances are added to the list of pesticides and herbicides prohibited at the NCCA. With Mitigation MND-24 Redtail Consulting~ Environment & Community ..

City of Newman
Newman Community Conservation Area Master Plan
Mitigated Negative Declaration
May 2021
Measure C-3 in place, the NCCA projects' contributions to existing identified impairments for pesticides and herbicides in the Newman Wasteway and San Joaquin River would be reduced to a Less than Cumulatively Considerable level.

Per CEQA Guidelines Section 15065[b][1 ], if, prior to public review of an environmental document, a project proponent agrees to mitigation that would clearly avoid impacts that are individually limited, but Cumulatively Considerable, or would mitigate the impact to a level that is clearly Less than Significant, the lead agency is not obligated to prepare an Environmental Impact Report solely because the impact at issue would have been Significant without mitigation. Mitigation Measures C-1, C-2, and C-3 satisfy this requirement for their respective impacts, and an Environmental Impact Report is not required as a result of this finding
• The NCCA Master Plan and projects would not result in environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly This determination reflects the independent judgment of the City.

Kath n eyes
Director of Public Works
r'J Redtail Consulting .. Environment & Community
MND-25
Mitigated Negative Declaration
May 2021
MND-26
City of Newman
Newman Community Conservation Area Master Plan
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Environment & Community.

City of Newman
City Manager's Office
Memorandum
Date: January 18, 2023
To: City Council
From: Michael E. Holland
Agenda Item: 10.b.

Subject: City Council Reorganization - Selection of Mayor Pro Tern and Committee Assignments Following an election cycle, the Council nominates and votes for a member to serve as Mayor Pro Tern. The elected council member generally serves a two-year term as Mayor Pro Tern, which coincides with the next municipal election. The current Mayor Pro Tern is Council Member Ball.

In addition to the selection of a Mayor Pro Tern, the Council reviews all committee assignments and fills any vacancies that may exist. Mayor Graham assumes certain roles based upon either bylaws or statutes of some committees. Attached for your review is listing of all the committees with a brief description of each, a blank 2023/2024 committee list and a listing of the current/former committee representatives. Mayor Graham will be leading these discussions.

Agenda Item: 10. b.

LIST OF CITY COUNCIL COMMITTEES FOR 2023 AND 2024

1. Mayor Pro Tempore - Presides at meetings of the City Council in the absence of the Mayor.

2. StanCOG (Stanislaus Council Of Governments) Policy Board-The Policy Board meets monthly on the second Wednesday at 6:00 p.m. at the County Administration Building, in downtown Modesto. It is very important that the City be represented at these meetings, as StanCOG is the agency that determines distribution of various transportation funds (i.e. street projects).

3. City Selection Committee - This committee is established to pick members and alternates for a City position on LAFCO (the Stanislaus Local Agency Formation Commission). The Selection Committee meets as needed, typically a couple of times a year at various locations at 5:30 p.m. and typically in conjunction with Mayor's Committee Meetings. Mayors are designated by statute - Mayor must serve.

4. Stanislaus Mayor's Committee - this committee which addresses various issues and is comprised of the mayors within Stanislaus County. Committee typically meets monthly at various locations at 6:00 p.m.

5. League of California Cities Central Valley Division Representative - The committee meets on a monthly or bi-monthly basis on the second Thursday of the Month in the evening at various locations and helps advocate for their division's interests at the State level.

6. School Liaison Representatives (Two on Two) - Meets with members of the school board to discuss items of mutual interest approximately eight times a year on Tuesdays at 4:00 p.m.

7. Infrastructure Committee -Two Council Members, the Public Works Director, and the City Manager (ex-officio) have served on this task force. The Infrastructure Committee Meets on an as needed basis.

8. EDAC (Economic Development Action Committee) - Reviews and makes recommendations on EDAC projects and the committee meets only as necessary, approximately three to four times a year, on Thursdays at 3:00 p.m. or 4:00 p.m. in Modesto.

9. TOSCA - The Orestimba Scholarship Committee Association - A Council Member may represent the City on the TOSCA Board. TOSCA meets the second Monday of each month at 5:30 p.m. in the Community Meeting Room.

10. Solid Waste Local Task Force (LTF) and the Regional Solid Waste Planning Agency (Regional Agency) - A member serves on these county committees that meet monthly to oversee implementation of AB 939 and other solid waste issues/plans. The Solid Waste Planning Agency and Local Task Force meet on the third Thursday of the month at 3800 Cornucopia Way in Modesto at 3:00 p.m. and 4:00 p.m., respectively. (currently staff members represent the City on both the Local Task Force & Regional Agency) Agenda Item: 10.b.

11. Chamber Of Commerce - A Council Member has served as the non-voting City liaison (can be staff member). Meeting times and locations vary.

12. West Side Theatre City Liaison - Formally this position was a non-voting City liaison but the West Side Theatre Board changed their structure and this position is now a voting member of the West Side Theatre Board. The Theatre Board meets quarterly on the second Wednesday of the month at 7:00 p.m.

13. Public Safety Committee - Meets as necessary with regards to Public Safety issues and contracts.

14. Countywide Disaster Council-The Disaster Council makes recommendations to local governing agencies on matters pertinent to the development of mitigation, disaster preparedness, response and recovery plans, and programs for any potential local emergency. The City must appoint one elected official from the Newman City Council to serve on the revised, newly combined County/City Disaster Council and appoint the Emergency Manager for the City (City Manager or his designee) to serve on the Operational Area Council. The Disaster Council meets a minimum of twice a year or as often as necessary. Regular meetings of the Disaster Council are held at 3800 Cornucopia Way in Modesto, at 3:00 p.m.

15. San Joaquin Valley Air Pollution Control District Special City Selection Committee - This committee is established to make appointments of City representatives to the San Joaquin Valley Air Pollution Control District's Governing Board. This Committee meets as needed, typically once a year via teleconference and/ or from the Modesto Air Pollution Control District office at 5:00 p.m. on the last Tuesday of the Month.

16. West Side Healthcare Taskforce - This taskforce meets quarterly to discuss Healthcare in west Stanislaus and Merced Counties, meeting locations vary but they are typically held on the second Thursday of the month at 4:00 p.m.

17. Stanislaus County/Cities Working Group - From time to time, Stanislaus County and the nine cities work together to resolve an issue or develop a program that affect or benefit the entire County. Many of these issue/programs are identified through the City Managers/ County CEO group and/ or the Mayor's group. It is recommended that the Mayor be the primary delegate with an alternate identified.

The Following Committee Assignments Were Made By The City Council for 2023/2024:

1. Mayor Pro Tern - (1) ____ _ __ _

2. StanCOG - (1 & Alternate) ________ / _______ _

3. LAFCO City Selection Committee - (1) Graham

4. Stanislaus Mayor's Committee - (1) Graham

5. League of California Cities Executive Committee - (1 & Alternate) -

6. School Liaison Representatives - (2 & Alternate) -
~~~~~-! !~~~~~-

7. Infrastructure Committee - (1 & Alternate) / ________ _

8. EDAC - (1 & Alternate) / ____ ___ _

9. TOSCA-(1) _ _ ____ _

10. Solid Waste Task Force - (1 & Alternate) - Public Works Director/Public Works Superintendent

11. Chamber Of Commerce - (1 & Alternate) - _ _ _____ __ / ___ ____ _

12. West Side Theatre Liaison - (1 & Alternate) - ________ _ / ________ _

13. Public Safety Committee - (2) ________ / _ _ _____ _

14. Countywide Disaster Council - (1 & Alternate) _________ ./ _____ ___ _

15. San Joaquin Valley Air Pollution Control District Special City Selection Committee - (1 & Alternate) / _ ______ _

16. West Side Healthcare Taskforce - (2) _ _ _______ / ________ _

17. Stanislaus County /Cities Working Group -
(1 & Alternate) ___ ___ _ _ / ____ ___ _
Previous Committee Assignments Made By The Newman City Council For 2021/2022:

1. Mayor Pro Tern - (1) - Ball

2. StanCOG - (1 & Alternate) - Graham/Pimentel

3. LAFCO City Selection Committee - (1) - Graham

4. Stanislaus Mayor's Committee - (1) - Graham

5. League of California Cities Executive Committee - (1 & Alternate) - Graham/Ball

6. School Liaison Representatives - (2 & Alternate) - McDonald/Ball/Graham

7. Infrastructure Committee (Formerly WWTP Task Force) - (1 & Alternate) - Pimentel/McDonald

8. EDAC - (1 & Alternate)- Pimentel/McDonald

9. TOSCA- (1) - Pimentel

10. Solid Waste Task Force - (1 & Alternate) - Public Works Director/Public Works Superintendent

11. Chamber Of Commerce - (1 & Alternate) - Ball/Recreation Coordinator-Community Liaison

12. West Side Theatre Liaison - (1 & Alternate) - Pimentel/McDonald

13. Public Safety Committee - (2) - Graham/McDonald

14. Countywide Disaster Council- (1 & Alternate) - Ball/Pimentel

15. San Joaquin Valley Air Pollution Control District Special City Selection Committee - (1 & Alternate) McDonald/Pimentel

16. West Side Healthcare Taskforce - (2) - Ball/McDonald

17. Stanislaus County/Cities Working Group- (1 & Alternate) Graham/McDonald