Agenda packet — Newman City Council, November 14, 2023

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING NOVEMBER 14, 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
a. Presentation Of A Certificate Of Recognition By Senator Alvarado-Gil To The City Of Newman Animal Shelter.

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 October 24, 2023 Regular Meeting And The November 6, 2023 Special Meeting. (View Minutes)
d. Adopt Resolution No. 2024- , A Resolution Approving The Application For The San Joaquin Valley Air Pollution Control District Public Benefit Grant Program And Authorizing The City Manager Or His Designee To Execute The Required Documents For Alternative Fuel Vehicle(s) Purchase. (View Report)
e. Acceptance Of Public Improvements For The 1035 “T” Street Project (Tentative Tract Map 17-01). (View Report)
f. Authorize The City Manager, Or Designee, To Amend The Existing Development Impact Fee Nexus Study Update Contract With Economic & Planning Systems, Inc. (EPS). (View Report)

9. Public Hearings
a. Adopt Resolution No. 2023- , A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4. (View Report)

10. Regular Business.

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
November 1 – Citywide Curbside Leaf And Brush Pick-Up Begins; Pick-Up Ends March 31st.

November 10 – City Offices Closed In Observance Of Veteran’s Day.

November 11 – Veteran’s Day.

November 14 – City Council – 7:00 P.M.

November 16 – Planning Commission – Cancelled.

November 23-24 – Thanksgiving Holiday– City Offices Closed.

November 28 – City Council – Cancelled.

AP Check Register
October 18, 2023 through November 7, 2023
1 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Access Door Works 10-07-7505 $ 2,733.95 123365 10/26/2023 Repair on Door/ FD $ 2,733.95 123365 Total
Aramark 63-56-6200 $ 125.06 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 Aramark 10-22-6200 $ 89.03 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 Aramark 10-07-6200 $ 123.04 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 Aramark 10-33-6200 $ 187.60 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 Aramark 10-44-6200 $ 125.06 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 Aramark 60-50-6200 $ 187.59 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 Aramark 10-21-6200 $ 160.62 123366 10/26/2023 Uniform Cleaning/MatRental/Shop Towels/ September2023 $ 998.00 123366 Total
AT&T 10-07-6420 $ 25.71 123368 10/26/2023 Landlines 9-13-23 -to 10-12-23 AT&T 10-21-6420 $ 27.57 123368 10/26/2023 Landlines 9-13-23 -to 10-12-23 AT&T 63-56-6420 $ 78.67 123368 10/26/2023 Landlines 9-13-23 -to 10-12-23 AT&T 63-56-6200 $ 9.03 123368 10/26/2023 Alarm 9-13-23 to 10-12-23 AT&T 60-50-6200 $ 9.03 123368 10/26/2023 Alarm 9-13-23 to 10-12-23 AT&T 10-14-6200 $ 9.04 123368 10/26/2023 Alarm 9-13-23 to 10-12-23 AT&T 10-14-6420 $ 78.52 123368 10/26/2023 Landlines 9-13-23 -to 10-12-23 AT&T 10-21-6420 $ 362.21 123368 10/26/2023 Circuit Line Between Fresno Stto Ceres 9-13-23 to 10-12-23 $ 599.78 123368 Total
AT&T MOBILITY 22-20-6420 $ 9.45 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 73-70-6420 $ 11.58 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 69-47-6420 $ 84.60 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-44-6300 $ 98.31 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-02-6420 $ 20.33 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 60-50-6420 $ 395.87 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-07-6420 $ 23.64 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-22-6420 $ 208.37 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-03-6420 $ 76.94 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-21-6420 $ 668.97 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-45-6420 $ 37.88 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-06-6420 $ 62.63 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 10-33-6420 $ 103.05 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 AT&T MOBILITY 63-56-6420 $ 423.74 123367 10/26/2023 Cell Phone Use 9-03-23 to10-02-23 $ 2,225.36 123367 Total
Avila Beatriz 10-00-2841 $ 20.00 123369 10/26/2023 Pioneer Park Rental DepositRefund/ Avila $ 20.00 123369 Total
Axon Enterprise, Inc 10-21-7105 $ 21,868.06 123370 10/26/2023 Body Cameras, Digital EvidenceStorage

AP Check Register
October 18, 2023 through November 7, 2023
2 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 21,868.06 123370 Total
BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 147.44 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 52.44 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 60-50-6200 $ 32.43 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 10-22-6200 $ 62.43 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 10-07-6665 $ 62.44 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 10-44-6660 $ 52.42 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 10-44-6200 $ 52.43 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 10-21-6200 $ 62.43 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 87.54 123371 10/26/2023 Pest Control Services/CityHall/1162 Main/ September 2023 $ 612.00 123371 Total
BORGES & MAHONEY CO. 63-56-6225 $ 2,631.82 123372 10/26/2023 Pulsatron Pump $ 2,631.82 123372 Total
CALIF BUILDING STANDARDS 10-00-2620 $ 254.00 123373 10/26/2023 SB1473 Fees July-September2023 CALIF BUILDING STANDARDS 10-00-5310 $ (25.40) 123373 10/26/2023 SB1473 Fees July-September2023 $ 228.60 123373 Total
Canon Financial Services, Inc. 60-50-6200 $ 143.69 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 Canon Financial Services, Inc. 60-50-6200 $ 115.13 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 Canon Financial Services, Inc. 10-14-6200 $ 143.69 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 Canon Financial Services, Inc. 63-56-6200 $ 143.69 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 Canon Financial Services, Inc. 10-21-6200 $ 240.45 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 Canon Financial Services, Inc. 10-22-6200 $ 257.87 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 Canon Financial Services, Inc. 63-56-6200 $ 115.13 123374 10/26/2023 Contract Charges September2023/CopyCharges October 2023 $ 1,159.65 123374 Total
CBA (Pre-paid Deposits) 10-00-1110 $ 15,000.00 123345 10/20/2023 Pre-Paid Dental-Vision Deposit $ 15,000.00 123345 Total
CITY OF NEWMAN - PETTY CASH 10-21-6620 $ 500.00 123396 10/26/2023 Petty Cash for Animal Clinic $ 500.00 123396 Total
Civic Well 17-33-7745 $ 9,458.25 123346 10/20/2023 T St Planning $ 9,458.25 123346 Total
COMCAST CABLE 60-50-6200 $ 68.80 123375 10/26/2023 High speed internet/sewer COMCAST CABLE 63-56-6200 $ 68.82 123375 10/26/2023 High speed internet/water COMCAST CABLE 10-21-6200 $ 68.80 123375 10/26/2023 High speed internet/PD COMCAST CABLE 10-21-6420 $ 158.42 123375 10/26/2023 High Speed Internet 10-6-23 lo11-5-23 /PD $ 364.84 123375 Total
CWEA TCP 60-50-6635 $ 413.00 123376 10/26/2023 Technical Certification Application /Dumaguing $ 413.00 123376 Total
Dave's Drain Cleaning & Plumbing 63-56-6200 $ 3,521.44 123377 10/26/2023 Plumbing Installation at 530Inyo Ave

AP Check Register
October 18, 2023 through November 7, 2023
3 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Dave's Drain Cleaning & Plumbing 63-56-6200 $ 3,736.10 123377 10/26/2023 Plumbing Installation at 524 Inyo Ave
$ 7,257.54 123377 Total
Davey Resource Group, Inc 17-44-7756 $ 5,852.50 123378 10/26/2023 Professional Services RenderedThrough 9-30-23 $ 5,852.50 123378 Total
DEPART. OF CONSERVATION 10-00-5310 $ (32.77) 123379 10/26/2023 Strong Motion FeesJuly-September2023 DEPART. OF CONSERVATION 10-00-2605 $ 655.36 123379 10/26/2023 Strong Motion FeesJuly-September2023 $ 622.59 123379 Total
Division of the State Architect 29-00-2601 $ 2,340.00 123380 10/26/2023 AB 1379 FeesPayable/July-September2023 Division of the State Architect 10-00-5095 $ (2,106.00) 123380 10/26/2023 AB 1379 FeesPayable/July-September2023 $ 234.00 123380 Total
DJ Francis Electric 63-56-6200 $ 1,841.03 123381 10/26/2023 Repair on Wire $ 1,841.03 123381 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 3,900.00 123382 10/26/2023 Pro Oxidizer ENVIRONMENTAL TECHNIQUES 60-50-6230 $ 8,589.09 123382 10/26/2023 CBX $ 12,489.09 123382 Total
Esquivez Ernesto 10-00-2840 $ 300.00 123347 10/20/2023 Memorial Building Rental DepositRefund/ Esquivez $ 300.00 123347 Total
Estrada Patricia 10-00-2840 $ 300.00 123383 10/26/2023 Memorial Building Rental DepositRefund/ Estrada $ 300.00 123383 Total
Frank B. Marks & Sons, Inc 63-56-6300 $ 571.79 123384 10/26/2023 3/4 Washed Rock $ 571.79 123384 Total
George Reed, Inc. 18-32-7768 $ 887,142.30 123385 10/26/2023 Inyo & Canal School RehabilitationProgress Payment 1 $ 887,142.30 123385 Total
GEORGE W. LOWRY, INC 60-50-6230 $ 2,113.92 123348 10/20/2023 400 Gallons Dyed DieselDelivered@WWTP $ 2,113.92 123348 Total
Gonzalez Sarah 10-00-2841 $ 20.00 123386 10/26/2023 Pioneer Park Rental DepositRefund/ Gonzalez $ 20.00 123386 Total
Gouveia Engineering, Inc 18-32-7739 $ 27,050.48 123387 10/26/2023 Project 525 .02 STPl-51 72 {024}Highway 33/ Inyo Gouveia Engineering, Inc 10-31-6200 $ 895.13 123387 10/26/2023 Project 520.01 Planning General Gouveia Engineering, Inc 17-36-7780 $ 17,355.00 123387 10/26/2023 Project 555 .04-3 2 NEWSConstruction Implement Gouveia Engineering, Inc 10-31-6200 $ 126.00 123387 10/26/2023 Project 585. 11 Arco Site Plan Gouveia Engineering, Inc 17-33-7745 $ 433.13 123387 10/26/2023 Project 520.03 T St Specific Plan Gouveia Engineering, Inc 18-32-7768 $ 43,770.05 123387 10/26/2023 Project 545 070 STPL-5172 (026}Inyo Canal School Gouveia Engineering, Inc 61-55-7550 $ 745.50 123387 10/26/2023 Project 580 .08 Sewer Trunk LineObservation Gouveia Engineering, Inc 17-44-7780 $ 265.00 123387 10/26/2023 Project 555.08 Newman Nature Park Gouveia Engineering, Inc 10-31-6200 $ 4,853.63 123387 10/26/2023 Project 525 0'1 Public worksGeneral Gouveia Engineering, Inc 17-50-7782 $ 3,018.75 123387 10/26/2023 Project 580.07 McPike Sewer LineObservation Gouveia Engineering, Inc 24-32-7781 $ 172.60 123387 10/26/2023 Project 545.18 Main St Stanislaus

AP Check Register
October 18, 2023 through November 7, 2023
4 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Gouveia Engineering, Inc 17-36-7779 $ 1,992.50 123387 10/26/2023 Project 555.05 Newman Wetlands $ 100,677.77 123387 Total
Guerrero's Tire and Auto Repair, LLC 69-47-6530 $ 82.50 123388 10/26/2023 1 Used Tire on Street Sweeper/ PW Guerrero's Tire and Auto Repair, LLC 10-33-6530 $ 82.50 123388 10/26/2023 1 Used Tire on Street Sweeper/ PW $ 165.00 123388 Total
Guerrero's Tire and Auto Repair, LLC 10-21-6530 $ 136.00 123349 10/20/2023 Tire Swap Guerrero's Tire and Auto Repair, LLC 10-21-6530 $ 55.00 123349 10/20/2023 Repair of Flat Tire on FordInterceptor/PD $ 191.00 123349 Total
HOLLAND (NT) MICHAEL 60-50-6170 $ 117.53 123389 10/26/2023 Reimbursement for Life Insurance/ Holland HOLLAND (NT) MICHAEL 63-56-6170 $ 117.53 123389 10/26/2023 Reimbursement for Life Insurance/ Holland HOLLAND (NT) MICHAEL 10-06-6170 $ 117.53 123389 10/26/2023 Reimbursement for Life Insurance/ Holland HOLLAND (NT) MICHAEL 73-70-6170 $ 33.59 123389 10/26/2023 Reimbursement for Life Insurance/ Holland HOLLAND (NT) MICHAEL 10-02-6170 $ 285.44 123389 10/26/2023 Reimbursement for Life Insurance/ Holland $ 671.62 123389 Total
Industrial Electrical Company 63-56-6200 $ 1,184.52 123390 10/26/2023 Generator Repairs Industrial Electrical Company 63-56-6200 $ 1,900.65 123390 10/26/2023 Generator Repairs Industrial Electrical Company 63-56-6200 $ 1,741.74 123390 10/26/2023 Generator Repairs Industrial Electrical Company 63-56-6200 $ 1,184.68 123390 10/26/2023 Generator Repairs Industrial Electrical Company 63-56-6225 $ 290.00 123390 10/26/2023 Generator Repairs Industrial Electrical Company 60-50-6225 $ 2,727.39 123390 10/26/2023 Generator Repairs $ 9,028.98 123390 Total
INFOSEND, INC 60-50-6200 $ 1,253.31 123350 10/20/2023 Utility Bill& Late NottceMailing September 2023 INFOSEND, INC 63-56-6200 $ 1,253.31 123350 10/20/2023 Utility Bill& Late NottceMailing September 2023 $ 2,506.62 123350 Total
JORGENSEN & COMPANY 10-22-6200 $ 928.30 123391 10/26/2023 Ansul System Semi-AnnualService@ FD $ 928.30 123391 Total
McKesson Medical-Surgical 10-22-6300 $ 201.55 123392 10/26/2023 Backboard McKesson Medical-Surgical 10-22-6300 $ 16.03 123392 10/26/2023 Baby Swaddlers $ 217.58 123392 Total
Merced County Tax Collector 60-50-6680 $ 1,902.24 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 564.90 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 795.84 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 2,981.26 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 4,784.84 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 12,962.20 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 571.18 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 1,767.38 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 2,760.40 123393 10/26/2023 Property Tax7-1-23 to 6-30-24

AP Check Register
October 18, 2023 through November 7, 2023
5 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Merced County Tax Collector 60-50-6680 $ 11,633.40 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 90.90 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 1,089.08 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 7,783.48 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 Merced County Tax Collector 60-50-6680 $ 7,895.64 123393 10/26/2023 Property Tax7-1-23 to 6-30-24 $ 57,582.74 123393 Total
MID VALLEY IT, INC 10-21-6200 $ 3,035.60 123394 10/26/2023 IT CONTRACT/PD MID VALLEY IT, INC 63-56-6200 $ 1,517.80 123394 10/26/2023 IT CONTRACT/WATR MID VALLEY IT, INC 10-14-6200 $ 1,517.80 123394 10/26/2023 IT CONTRACT/FIN MID VALLEY IT, INC 60-50-6200 $ 1,517.80 123394 10/26/2023 IT CONTRACT/SEWR $ 7,589.00 123394 Total
MID VALLEY IT, INC 60-50-7105 $ 505.24 123353 10/20/2023 New Computer/ Holland MID VALLEY IT, INC 10-06-7105 $ 505.24 123353 10/20/2023 New Computer/ Holland MID VALLEY IT, INC 10-02-7105 $ 505.24 123353 10/20/2023 New Computer/ Holland MID VALLEY IT, INC 63-56-7105 $ 505.24 123353 10/20/2023 New Computer/ Holland $ 2,020.96 123353 Total
Modesto Junior College Ag Department 10-21-6208 $ 2,511.00 123395 10/26/2023 Catch & Release ProgramSeptember 2023 Modesto Junior College Ag Department 10-21-6308 $ 520.00 123395 10/26/2023 Animal Shelter/ September 2023 $ 3,031.00 123395 Total
NEWMAN SMOG AND LUBE 69-47-6530 $ 40.44 123397 10/26/2023 Oil Change 2013 Ford F150/ PW NEWMAN SMOG AND LUBE 60-50-6530 $ 40.44 123397 10/26/2023 Oil Change 2013 Ford F150/ PW $ 80.88 123397 Total
North Star Engineering Group, Inc 18-32-7739 $ 967.50 123398 10/26/2023 Professional Seivices Through9-30-23 $ 967.50 123398 Total
One Step GPS LLC 10-21-6200 $ 209.25 123399 10/26/2023 GPS Fleet Tracking Software One Step GPS LLC 10-22-6200 $ 69.75 123399 10/26/2023 GPS Fleet Tracking Software One Step GPS LLC 60-50-6200 $ 153.45 123399 10/26/2023 GPS Fleet Tracking Software One Step GPS LLC 63-56-6200 $ 153.45 123399 10/26/2023 GPS Fleet Tracking Software $ 585.90 123399 Total
P G & E 63-56-6410 $ 723.30 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-5-23 to 10-5-23 P G & E 69-47-6510 $ 308.18 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-9-23 to 10-10-23 P G & E 10-07-6410 $ 723.30 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-5-23 to 10-5-23 P G & E 60-50-6410 $ 12,099.62 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-8-23 to 10-9-23 P G & E 10-21-6510 $ 61.63 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-9-23 to 10-10-23 P G & E 60-50-6510 $ 61.63 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-9-23 to 10-10-23 P G & E 63-56-6510 $ 61.63 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-9-23 to 10-10-23 P G & E 10-33-6510 $ 493.07 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-9-23 to 10-10-23 P G & E 10-44-6510 $ 246.53 123401 10/26/2023 Electrical Charges for Solar Meter@WWTP 9-9-23 to 10-10-23

AP Check Register
October 18, 2023 through November 7, 2023
6 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description P G & E 60-50-6410 $ 723.30 123401 10/26/2023 Electrical Charges for Solar Meter @WWTP 9-5-23 to 10-5-23
$ 15,502.19 123401 Total
Pernsteiner & Sons Fabrication 10-33-6530 $ 106.25 123400 10/26/2023 Plate Pernsteiner & Sons Fabrication 69-47-6530 $ 106.25 123400 10/26/2023 Plate $ 212.50 123400 Total
Public Agency Coalition Enterprise 10-00-2260 $ 23,526.62 123351 10/20/2023 Health Insurance Premium/November2023 $ 23,526.62 123351 Total
Public Agency Coalition Enterprise 10-00-2260 $ 19,624.62 123352 10/20/2023 Health Insurance Premium/November2023 $ 19,624.62 123352 Total
R A Custom Finishes, Inc. 10-07-6200 $ 10,000.00 123354 10/20/2023 Exterior Painting/ City Hall $ 10,000.00 123354 Total
R A Custom Finishes, Inc. 10-07-6200 $ 13,300.00 123402 10/26/2023 Exterior Painting/ City Hall $ 13,300.00 123402 Total
Redtail Consulting 17-36-7779 $ 1,386.00 123403 10/26/2023 Project #406.CNP.026 NCCA Planning, CEQA, Regulatory Service $ 1,386.00 123403 Total
RRM DESIGN GROUP, INC. 17-44-7780 $ 4,492.50 123404 10/26/2023 Newman Nature Park $ 4,492.50 123404 Total
SJVAPCD 60-50-6675 $ 42.00 123405 10/26/2023 23-24 Annual Permit toOperate/WWTP $ 42.00 123405 Total
Soundscapes Electric Security & Audio Video 10-07-6200 $ 210.00 123406 10/26/2023 3 Months Alarm MonthlyMonitoring $ 210.00 123406 Total
Stanislaus County Auditor-Controller 10-00-2600 $ 93,470.00 123409 10/26/2023 County Impact FeesPayable/Jul-Sep 2023 Stanislaus County Auditor-Controller 10-00-5310 $ (934.70) 123409 10/26/2023 County Impact FeesPayable/Jul-Sep 2023 $ 92,535.30 123409 Total
Stanislaus County Tax Collector 60-50-6680 $ 20,851.90 123407 10/26/2023 2023-2024 PropertyTaxes/ Hills Ferry Rd Stanislaus County Tax Collector 69-47-6680 $ 12.74 123407 10/26/2023 2023-2024 PropertyTaxes/ Sherman Parkway $ 20,864.64 123407 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7782 $ 14,287.50 123411 10/26/2023 Project# 184031755 ConstructionManagement & ResidentService STANTEC CONSULTING SERVICE, Inc 61-55-7550 $ 15,319.75 123411 10/26/2023 Project# 184031755 ConstructionManagement & ResidentService $ 29,607.25 123411 Total
STAPLES ADVANTAGE 10-21-6300 $ 168.33 123410 10/26/2023 Memo Books, Coffee, CoffeeCups, Batteries, Paper $ 168.33 123410 Total
State of Calif Dept of Justice 10-00-2014 $ 941.00 123408 10/26/2023 Fingerprint Apps/FBl/Child AbuseIndex $ 941.00 123408 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 123355 10/20/2023 Cleaned & Buffed Floors@ CityHall $ 185.00 123355 Total
TBS Contractors 18-32-7739 $ 250,856.29 123412 10/26/2023 Highway 33 & Inyo ImprovementsProgress Payment 6 $ 250,856.29 123412 Total

AP Check Register
October 18, 2023 through November 7, 2023
7 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description TEL STAR INSTRUMENTS, INC 60-50-6225 $ 1,512.28 123413 10/26/2023 Repair of Chessel Chart Recorder @ WWTP $ 1,512.28 123413 Total
THE RADAR SHOP, INC 10-21-6200 $ 936.00 123414 10/26/2023 Recertified Radar Units, TuningForks, Lidar Unit $ 936.00 123414 Total
True Blue Veterinary Group 10-21-6208 $ 549.29 123356 10/20/2023 Shelter Animals $ 549.29 123356 Total
UNIVAR USA, INC 63-56-6300 $ 1,077.67 123415 10/26/2023 200 Gallons of SodiumHypoclorlteDel lvered to Well#B UNIVAR USA, INC 63-56-6300 $ 1,541.56 123415 10/26/2023 280 Gallons of SodiumHypoclorlteDel lvered to Well#B $ 2,619.23 123415 Total
Vollmar Natural Lands Consulting 17-36-7779 $ 1,958.50 123416 10/26/2023 Project J-445 CDFW Vollmar Natural Lands Consulting 17-36-7780 $ 1,194.00 123416 10/26/2023 Project J-445 CDFW Vollmar Natural Lands Consulting 17-36-7779 $ 6,654.65 123416 10/26/2023 Project J-445 CDFW $ 9,807.15 123416 Total
West Coast Pet Memorial Services 10-21-6208 $ 14.40 123418 10/26/2023 Disposal Clinic $ 14.40 123418 Total
Westside Connect 60-50-6600 $ 40.00 123417 10/26/2023 Single Box Ad Westside Connect 10-01-6600 $ 40.00 123417 10/26/2023 Single Box Ad Westside Connect 18-32-7768 $ 384.00 123417 10/26/2023 Public Notice Road Construction Westside Connect 63-56-6600 $ 40.00 123417 10/26/2023 Single Box Ad $ 504.00 123417 Total
Wex Bank 10-44-6500 $ 122.42 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 63-56-6500 $ 1,249.07 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 10-21-6500 $ 4,103.14 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 10-07-6500 $ 79.04 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 10-33-6500 $ 284.85 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 10-22-6500 $ 2,050.46 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 60-50-6500 $ 721.17 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 Wex Bank 69-47-6500 $ 90.42 123357 10/20/2023 Gas and Diesel Purchases9-16-23 to 10-15-23 $ 8,700.57 123357 Total
White Brenner, LLP 10-15-6200 $ 4,940.70 123419 10/26/2023 Through Aug 2023 GeneralMunicipal White Brenner, LLP 10-15-6200 $ 496.60 123419 10/26/2023 Professional Srvcs RenderedThrough Aug 2023 PD White Brenner, LLP 63-56-6200 $ 95.10 123419 10/26/2023 Professional Srvcs RenderedThrough Aug 2023 Water White Brenner, LLP 10-15-6200 $ 27,166.90 123419 10/26/2023 Professional Srvcs RenderedThrough Sep 2023 Martinez White Brenner, LLP 10-15-6200 $ 23,285.20 123419 10/26/2023 Professional Srvcs RenderedThrough Aug 2023 Martinez White Brenner, LLP 63-56-6200 $ 1,439.10 123419 10/26/2023 Professional Srvcs RenderedThrough Aug 2023 Cal Sport vDe White Brenner, LLP 10-15-6200 $ 706.70 123419 10/26/2023 Professional Srvcs RenderedThrough Aug 2023 HR White Brenner, LLP 10-15-6200 $ 248.30 123419 10/26/2023 Professional Srvcs RenderedThrough Sep 2023 PD White Brenner, LLP 63-56-6200 $ 63.40 123419 10/26/2023 Professional Srvcs RenderedThrough Sep 2023 Cal Sport vDe

AP Check Register
October 18, 2023 through November 7, 2023
8 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description White Brenner, LLP 10-15-6200 $ 1,050.50 123419 10/26/2023 Through Sep 2023 General Municipal
$ 59,492.50 123419 Total
Womack Striping, Inc 17-44-7759 $ 3,782.50 123420 10/26/2023 Repair of Basketball Court at Barrington Park $ 3,782.50 123420 Total
$ 1,735,175.08 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING OCTOBER 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 - Mayor Graham 7:01 P.M.

2. Pledge Of Allegiance.

3. Invocation – Council Member McDonald.

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

ABSENT: None.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters – None.

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

Amber Rose, 818 Tivoli Drive, Thanked The City For Adding Dog Waste Receptacles Along Sherman Parkway But Asked If More Waste Receptacles Could Be Added Along Driskell Avenue. Rose Requested Increased Police Traffic Patrol On Driskell Avenue.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The September 26, 2023 Meeting. d. Adopt Resolution No. 2023-49, A Resolution Authorizing The City Manager Or Fire Chief To Execute Any Future Agreement With The Department Of Forestry And Fire Protection For Volunteer Fire Assistance (VFA) Grant Funding.

ACTION: On A Motion By McDonald Seconded By Pimentel, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Tomlinson, Pimentel, And Mayor Graham; NOES:

None; ABSENT: None; NOT PARTICIPATING: None.

9. Public Hearings – None.

10. Regular Business
a. Report On Housing 6th Cycle Element Update.

Ande Flower, EMC Planning Group, Reviewed A Presentation Regarding The Housing Element Update Prior To The Housing Element Being Submitted To The State’s HCD (Department Of Housing And Community Development). Flower Stated That All Received Comments Were Integrated Into The Final Draft And Noted That New Programs Were Added. He Provided An Overview Of The New Programs Including; Land Use And Zoning Changes, Hatchery Redevelopment, Objective Design Standards (ODS), Accessory Dwelling Units (ADU), And AFFH (Affirmatively Furthering Fair Housing). Flower Reviewed The Housing Element Timeline And Mentioned That The Updated Housing Element Draft Would Be Submitted Tonight With City Council Concurrence.

Caralyn Mendoza, With The Newman Crows Landing Unified School District, Inquired About The Timeline For The Rezoning Noting That It Would Have A Direct Impact On The School District.

Mendoza Urged The City To Communicate With The School District To Allow Them To Plan Ahead.

City Manager Holland Explained That There Was Not A Timeline For Development Because It Would Be Property Owner Driven And If A Development Proposal Was Received The District Would Be Advised.

Caralyn Mendoza Mentioned That There Were Parcels On Prince Road That Would Be Zoned R3.

City Manager Holland Pointed Out That The State Wants The City To Plan For The Development Of Twelve Hundred Units Over An Eight Year Period But Pointed Out That Was Not What The City Desired.

RoseLee Hurst, 1447 “Q” Street, Commissioner For The Commission On Aging, Stated That One Of The Concerns Was For Senior And Low-Income Housing And Asked If There Was A Plan For More Low-Income Housing.

City Manager Holland Explained That The State Requires The Development Of Low To Very LowIncome Housing.

RoseLee Hurst Commented That The State Mandates Housing But Not Jobs For The Residents.

City Manager Holland Reported That The Northwest Annexation Would Create Fifteen Hundred To Two Thousand Jobs. Holland Noted That The State Does Not Tie Housing To Jobs.

Caralyn Mendoza, Stated That The School District Would Be Happy To Partner With The City To Work With Their Adult Education Department Related To Job Training.

City Manager Holland Stated That The City Was Also Working On A Grant To Develop A Business Development Center.

Paul Wallace, 722 Mt. Rushmore Drive, Stated That In The Past The City Had Been Effective At Building Market Rate And Affordable Housing. Wallace Asked For Clarification On How ADUs Would Work With Senior And Low-Income Housing.

City Manager Holland Explained That An ADU Was A Secondary Unit Normally Seven Hundred To Twelve Hundred Square Feet. Holland Stated That The Goal Was That Fifteen Percent Of New Construction Would Be Required To Have An ADU And Another Fifteen Percent Would Need To Be Plumbed And Ready To Build An ADU At The Time Of Construction Of The Primary Dwelling. He Noted That The Aforementioned ADU Requirements Would Be For Subdivisions Of Fifty Lots Or More.

ACTION: On A Motion By Ball Seconded By Tomlinson, The Council Accepted The Report On The Housing 6th Cycle Element Update By The Following Vote: AYES: McDonald, Ball, Tomlinson, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

11. Items From District Five Stanislaus County Supervisor – None.

12. Items From The City Manager And Staff.

City Manager Holland Reported That ADUs Were A Good Strategy For Increased Housing.

Council Member McDonald Asked How The State Requirements Would Affect A Gated Community.

City Manager Holland Stated That The Requirements Would Remain The Same For Developments Fifty Units Or More They Would Have To Provide An ADU For Fifteen Percent Of The Properties.

Council Member McDonald Asked If A Senior Community Would Have The Same Requirements.

City Manager Holland Noted That There May Be Other Options If The Project Met The Affordability Requirements And Goals To Provide Affordable Housing.

Council Member Tomlinson Asked How Often The Definition Of Low-Income Housing Was Reviewed To Determine What Was Considered Low-Income.

City Manager Holland Replied That The State Reviews The Low-Income Housing Amounts Every Year.

City Manager Holland Informed Staff That The Updated Housing Element Would Be Submitted To The HCD (Housing And Community Development) Later That Night. Holland Stated That Escrow For The Hatchery Had Not Closed But Indicated That Staff Was Already Planning For The Development Of Said Site. He Thanked Everyone That Was Working Hard To Put On The Trunk Or Treat Event For The Youth In The Community. Holland Noted That There Are Only Two Council Meetings Left In 2023. He Wished Everyone A Happy Veterans Day.

Recreation Director/Community Liaison Mendoza Reported That The Last Week Of Youth Soccer Season Would Be The Upcoming Saturday. Mendoza Stated That Youth Basketball Registration For The 2024 Season Was Ongoing Until November 7th For Ages Seven To Fourteen. She Explained That The Trunk Or Treat Event Would Be On Tuesday, October 31st From 6 P.M. To 8 P.M. With Food Vendors From 6 P.M. To 9 P.M. Mendoza Indicated That Treat Bags Would Be Available At The Corner Of Main And Fresno Streets. She Concluded By Stating Candy Donations Would Be Accepted At City Hall, The Resource Center, Newman Crows Landing Unified School District Office, Or The Teen Center.

Public Works Director Reyes Thanked The City Manager For Her Six Years Of Employment With The City. Reyes Reported That The Highway 33 And Inyo Avenue Intersection Had Fully Opened And That The Canal School Road Along With Inyo Avenue Had Been Paved. She Noted That The Contractors Were Still Excavating The NEWS Project And Indicated That The Wetlands Project Was On Hold Due To The Construction Of The NEWS Project. Reyes Explained That The Nature Park, Measure “L” Project, Stanislaus Street/Main Street Project Were All In The Design Phase. She Stated That Staff Was Working On The Forest Management Project And The Community Connection Surveys.

Council Member Pimentel Stated That The Downtown Plaza Clock Was Not In Synch.

Mayor Graham Asked When Caltrans Would Be Installing A Signal Light At The Highway 33 And Inyo Avenue Intersection.

Public Works Director Reyes Explained That The Engineers Were Looking Into It But That It Would Need Warrants To Meet Caltrans Requirements And Additional Funding.

Chief Bowen Reminded Everyone To Be Safe On Halloween By Using Flashlights, Sidewalks, And Wearing Reflective Clothing. Bowen Noted That The Fire Department Would Be Attending The Trunk Or Treat Event. He Reported That The Fire Department Taught Over Thirteen Hundred Students About Fire Safety During Fire Prevention Week. He Concluded By Noting That The Rival Football Game Between Newman And Gustine High Schools Would Be Taking Place On The Upcoming Friday.

13. Items From City Council Members.

Council Member McDonald Thanked Everyone For Their Input.

Council Member Ball Thanked Everyone In Attendance For Their Comments.

Council Member Pimentel Congratulated The Newman Animal Shelter For The No Kill Award That They Had Received.

Mayor Graham Thanked Everyone In Attendance For Their Comments. Graham Wished Everyone A Happy And Safe Halloween And Veterans Day.

14. Adjournment.

ACTION: On A Motion By Pimentel Seconded By Tomlinson And Unanimously Carried, The Meeting Was Adjourned At 7:45 P.M.

MINUTES

NEWMAN CITY COUNCIL
SPECIAL MEETING NOVEMBER 6, 2023
CITY HALL CONFERENCE ROOM, 6:00 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 6:00 P.M.

2. Roll Call - PRESENT: McDonald, Tomlinson, Pimentel, And Mayor Graham.

ABSENT: Mayor Pro Tem Ball.

3. Items From The Public – None.

4. Adjourn To Closed Session - 6:01 P.M.
a. Conference With Legal Counsel, Existing Litigation Pursuant To California Government Code Section 54956.9(d)(1), (Martinez Pallets, Inc.) (Case No. CV-23-004723) b. Return To Open Session - 6:21 P.M.

Mayor Graham Reported That Staff Was Given Direction Regarding Item 4.a.

5. Adjournment.

ACTION: On A Motion By Tomlinson Seconded By Pimentel, The Meeting Was Adjourned At 6:21 P.M. By The Following Vote: AYES: McDonald, Tomlinson, Pimentel, And Mayor Graham; NOES:

None; ABSENT: Ball; NOT PARTICIPATING: None.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8. d.

City Council Meeting
of November I 4, 2023

APPROVE APPLICATION SUBMITTAL FOR THE SAN JOAQUIN VALLEY AIR POLLUTION

CONTROL DISTRICT PUBLIC BENEFIT GRANT PROGRAM AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE REQUIRED DOCUMENTS FOR ALTERNATIVE FUEL

VEHCILE(S) PURCHASE
RECOMMENDATION:

Adopt resolution approving the application submittal for the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program and execution of required documents for altemati".'e fuel vehicle(s) purchase.

BACKGROUND:

The development of the Newman Environmental Wetland System (NEWS) is underway and includes a 2I-acre wetland complex to treat stormwater and dry season runoff from the city and surrounding agricultural lands prior to the discharge into the Newman Wasteway for conveyance to the San Joaquin River. Located adjacent to the NEWS project will be an I I-acre wetland project emphasizing the natural sequestration of greenhouse gases and will allow members of the public to view wildlife in their natural habitat. The 25-acre Newman Nature Park is expected to offer a wide variety of outdoor activities, including an unpaved trail network. The NEWS project will fall within the responsibility and jurisdiction of the Newman Police Department. These areas will not include artificial lighting, therefore, proactive law enforcement patrols will be necessary to deter criminal activity.

Currently, the Newman Police Department patrol fleet only includes gasoline powered automobiles that are cumbersome and have limited capabilities on unconventional roadways. With their carbon emissions, these vehicles would run counter to the intent of the planned environmental projects. The City of Newman wishes to purchase an alternative fuel vehicle in an effort to contribute to air quality improvements in Newman and the surrounding areas.

Staff has determined an electric motorcycle, such as the Zero DSR, would be suitable for operation within City limits, including within the planned NEWS project area. The San Joaquin Valley Air Pollution Control District offers grant funding for the purchase of new alternative fueled vehicles which provides up to $20,000 per vehicle and up to $I 00,000 per agency per year towards the purchase of new or replacement vehicles meeting the eligibility requirements of the program.

ANALYSIS:

The acquisition of a zero-emissions Newman Police Department patrol vehicle will benefit the forward-thinking NEWS project by having an environmentally friendly way to provide law enforcement patrol to the wetlands area.

A requirement of the San Joaquin Valley Air Pollution Control District grant application includes a Resolution from the applicant's governing body authorizing the submittal of the application. The acquisition of grant funding will allow for the purchase of a zero-emissions law enforcement vehicle to conduct proactive patrol in various locations within the City of Newman, including the upcoming wetlands, in a manner that minimizes our harm to the environment.

FISCAL IMPACT:

No impact at this time. Should the application be approved, minimal fiscal impact is anticipated in the form of upfitting the vehicle with necessary emergency equipment and official agency markings.

CONCLUSION:

The City desires to submit a grant application for the San Joaquin Valley Air Pollution Control District: Public Benefit Grant Program. As part of the grant application requirements, a resolution must be adopted authorizing the filing of the application and authorizing the City Manager or his designee to execute all documents.

ATTACHMENTS:

I. Resolution No. 2023 -
Respectfully submitted,
Ashley Williams
Police Sergeant
REVIEWED/CONCUR:

City Manager
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN APPROVING

THE APPLICATION FOR THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL

DISTRICT PUBLIC BENEFIT GRANT PROGRAM AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE THE REQUIRED DOCUMENTS FOR

ALTERNATIVE FUEL VEHICLE(S) PURCHASE
WHEREAS, the City ofNewman wishes to purchase alternative fuel vehicle(s) that contributes to air quality improvements in Newman and surrounding areas; and WHEREAS, the San Joaquin Valley Air Pollution Control District (SN APCD) administration is providing up to $20,000 per vehicle and up to $100,000 per agency towards the purchase of new or replacement vehicles that meet the eligibility requirements for the program; and WHEREAS, City staff has determined electric vehicle(s) such as the Zero DSR are suitable for operation within the City limits and on agency properties; and WHEREAS, the City staff has prepared the application documents necessary to obtain these funds for the purchase of an eligible vehicle under the requirements of the grant; and WHEREAS, the City Council for the City of Newman must authorize by resolution a designee to take actions necessary to apply for and administer the Public Benefit Grant Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The City Manager or his designee is authorized to apply for the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program, and to execute all required documents for purchase of an electric vehicle(s) upon execution of approved grant agreement.

3. This resolution shall be effective immediately.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 14th, day of November, 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
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
City of Newman
City Manager's Office
Memorandum
Date: October 31, 2023
To: City Council ~f
From: Michael E. Holland ~
Agenda Item: 8.e.

Subject: Item No. 8.e. - Acceptance Of Public Improvements For The 1035 "T" Street Project (Tentative Tract Map 17-01)
Pursuant to the Subdivision Improvement Agreement and City Policy, SCM Hearthstone LLC has completed the public improvements identified within the approved set of improvements plans. Said improvements have been inspected by the City through the Public Works and Engineering Departments and found to be constructed in accordance to City Standards.

Therefore, staff recommends the City Council accept the public improvements for the 103 5 T Street (TTM 17-01) and release the performance bonds.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.f.

City Council Meeting
ofNovember 14, 2023

AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO AMEND THE EXISTING

DEVELOPMENT IMPACT FEE NEXUS STUDY UPDATE CONTRACT WITH ECONOMIC &

PLANNING SYSTEMS, INC (EPS)
RECOMMENDATION:

Staff recommends the Council authorize the City Manager, or designee, to amend the existing Development Impact Fee Nexus Study Update contract with Economic & Planning Systems, Inc. (EPS).

BACKGROUND:

Development impact fee programs are intended to mitigate new development's impact on the need for new backbone infrastructure, public facilities and provide a mechanism by which new development contributes its "fairshare" to the construction of new facilities needed to accommodate growth and can only be charged to new development. The intent of the development impact fee report and supporting document( s) is to establish the nexus (or reasonable relationship) between new development that occurs in the City and the need for additional public facility improvements as a result of said new development. The development impact fee study is based on the standards identified in the City's General Plan and master planning documents, existing standards of service, and the City's planned capital facilities/improvements.

In June of2022, the City Council approved a contract with EPS to conduct a Development Impact Fee Nexus Study Update. EPS conducted a review of the current project status and noted more time and budget had been expended than originally anticipated. EPS indicated that they have already expended the majority of the original contract amount and therefore, are requesting a budget amendment for the Development Impact Fee Nexus Study Update.

ANALYSIS:

The study and supporting documents will serve as the basis for requiring development impact fees under Assembly Bill (AB) 1600 legislation, as codified by the Mitigation Fee Act. EPS anticipates an additional $35,000 is necessary to complete the Fee Nexus Study Update and EPS is requesting a budget amendment for said amount.

EPS has indicated that they spent more time researching/preparing development projections and participated in more video conference meetings than originally anticipated. EPS acknowledges the original budget was underestimated, given the large number of fee program components, the complexity of the development estimates, and the need to develop different fee methodologies and land use categories for different fee programs to address recent changes to state law for development impact fee programs.

FISCAL IMPACT:

The original estimated cost of the study was $67,500, the amendment would be for an additional $35,000. If approved, the budget amendment will result in a total revised budget of $102,500. These costs will be recouped as impact fees are collected from future development.

CONCLUSION:

The development impact fee study computes future development's share of future public facility improvement costs based on planned facilities or level of service standards. The City's current development impact fees are outdated and the completion of an updated development impact fee study is a critical component to ensuring that new development contributes its "fair-share" to the construction of new facilities. EPS charges for its services on a direct-cost (hourly billing rates plus direct expenses), not-to-exceed basis; therefore, the City is billed only for the work completed up to the authorized budget amount. Staff has worked closely with EPS on this project and recognizes the extra effort required to complete a comprehensive study. Staff recommends the Council authorize the City Manager, or designee, to amend the existing Development Impact Fee Nexus Study Update contract with EPS.

ATTACHMENTS:

1. Budget Amendment Request For The Development Impact Fee Nexus Study Update.

Katliryn Reyes
~ Director of Public Works
The Economics of Land Use
Economic & Planning Systems, Inc.
455 Capitol Mall, Suite 701
Sacramento, CA 95814
916 649 8010 tel
916 649 2070 fax
Oakland
Sacramento
Denver
Los Angeles
www.epsys.com
August 2, 2023
Michael Holland
City Manager
City of Newman
938 Fresno Street
Newman, CA 95360
Subject: Budget Amendment Request for City of Newman Development Impact Fee Nexus Study Update; EPS #222059
Michael:

Economic & Planning Systems, Inc. (EPS) appreciates the opportunity to work with the City of Newman (City) to prepare a Development Impact Fee Nexus Study Update (Nexus Study Update). EPS has provided the City with key technical information to inform the Nexus Study Update.

In particular, EPS prepared initial estimates of existing and projected development, cost estimates for all fee categories, and cost allocation methodologies. EPS is continuing to work with the City to refine these assumptions. In addition, EPS prepared an infrastructure cost burden comparison among the City and proximate jurisdictions and will update the City's infrastructure burden once the new fees are established.

Following review of the current project status, EPS noted more time and budget has been expended than originally anticipated, as described further below:
• EPS spent more time researching and preparing development projections than originally anticipated. To date, EPS has prepare_d 2 table sets dedicated to detailing development, population, and employment projections. After recent communication with the City to resolve some outstanding questions, EPS is close to completing a final set of development projection tables for the City's review. • EPS spent a greater amount of time documenting facilities and facilities costs for each fee component than originally anticipated.

EPS is working with the City to finalize the facilities cost estimates and develop the required capital improvement program tables but is uncertain how much additional time will be needed to complete this task.
• EPS has participated in more video conference meetings than anticipated in the original scope of work at this stage of the project.

The initial scope of work included 4 video conference meetings.

To date, EPS has participated in 3 video conference meetings with the City and anticipates participating in 3 additional meetings Michael Holland
August 2, 2023
to review cost estimates, the proposed Assembly Bill (AB) 602-compliant cost allocation methodology, and the Administrative Draft Nexus Study.

In addition to additional time spent, EPS acknowledges the overall budget was underestimated, given the large number of fee program components, the complexity of the development estimates, and the need to develop different fee methodologies and land use categories for different fee programs to address recent changes to state law for development impact fee programs (AB 602). As such, the purpose of this letter is to request additional budget to cover additional time spent on tasks to date and anticipated additional time needed on remaining tasks to complete the Nexus Study Update.

Budget Augmentation Request
EPS has expended approximately $62,300 of the original $67,500 budget for the project, resulting in a remaining authorized budget of $5,200. EPS anticipates requiring an additional $35,000 to complete the Nexus Study Update (Task 1). If approved, this budget authorization will result in a total revised budget of $102,500, as shown in the following table. EPS is not requesting additional budget authorization for the cost burden comparison task.

Current and Proposed Budget
Requested Total
Item Current Amendment Proposed
Task 1: Nexus Study Update $60,000 $35,000 $95,000
Task 2: Cost Burden Comparison $7,500 $0 $7,500
Total Project $67,500 $35,000 $102,500
This amendment would result in approximately $40,000 of remaining budget to complete the project as summarized below:
• Current Remaining Budget:
• Budget Amendment:
• Amended Remaining Budget:
$5,200
$35,000
$40,200
EPS will use the remaining budget for the following remaining project tasks:
• Finalize development estimates and projections.
• Review and incorporate, as appropriate, the recent City audit, identifying the square footage and appraised value of City facilities.

Economic & Planning Systems, Inc. (EPS) 2
Michael Holland
August 2, 2023
• Work with the City to determine infrastructure requirements and cost estimates for all fee components.
• Finalize cost estimate tables for all fee components. • Determine fee land use categories and cost allocation/fee estimate methodologies for all fee components.
• Prepare cost allocation tables and maximum allowable fee estimates by land use category for all fee components.
• For fee components that do not have a Capital Improvement Program (CIP), work with the ·City to prepare CIP tables to include in the Nexus Study Update, as required under California state law. For example, CIP tables will be needed for Fire and Police facilities and equipment.
• Prepare an Administrative Draft Nexus Study, a Public Review Draft Nexus Study, and a Final Nexus Study.
• Hold 3 additional conference calls with the City as items are completed to review infrastructure costs, cost allocations, fee estimates, and draft reports. • Prepare presentations for and attend 1 stakeholder and 1 City Council meeting.

EPS charges for its services on a direct-cost (hourly billing rates plus direct expenses), not-to-exceed basis; therefore, you will be billed only for the work completed up to the authorized budget amount. If additional work or meetings are required beyond the scope identified in this letter, EPS will request authorization for additional budget with the understanding that terms will be negotiated in good faith. EPS's 2023 Staff Hourly Billing Rates are attached as part of this request.

EPS looks forward to completing the work on this project and will strive to meet your scheduling needs. If this budget amendment request meets with your approval, please forward the appropriate contract documents for review and signature. Please contact me or Project Manager Allison Shaffer if you have questions or require changes.

Thank you for your consideration of this amendment.

Sincerely,
ECONOMIC & PLANNING SYSTEMS, INC. (EPS)
Amy R. Lapin
Principal
Economic & Planning Systems, Inc. (EPS) 3
2023 Hourly Billing Rates
Sacramento Office
Managing Principal $320
Senior Principal $360
Principal $285
Executive/Senior Vice President $260
Senior Consultant $260
Vice President $235
Senior Technical Associate $210
Senior Associate $205
Associate $185
Research Analyst II $145
Research Analyst I $105
Production and Administrative Staff $95
Billing rates updated annually.

Honorable Mayor and Members
of the Newman City Council
RECOMMENDATION:

1. Conduct Public Hearing

REPORT ON NUISANCE ABATEMENT
Agenda Item: 9 .a.

City Council Meeting
of November 14, 2023

2. Adopt Resolution No. 2023- , Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.

BACKGROUND:

On April 25, 1995, the Newman City Council adopted Ordinance No. 1995-4, amending Chapter 2 of Title 8 of the Newman City Code, now referred to as Chapter 8.02. The purpose and intent of Chapter 8.02 is as follows:

1. To define as public nuisances and violations of [the] Code those conditions which are considered harmful and/or deleterious to the public health, safety, and welfare of the citizens of the City;

2. To develop regulations which will promote the sound maintenance of property and the enhancement of the livability, the community appearance, and the social, economic, and environmental conditions of the community; and

3. To establish guidelines for the correction of property maintenance violations and nuisances which afford due process and procedural guarantees to affected property owners.

Per NCC §8.02.030, "It shall be unlawful for any responsible person to keep or maintain premises under his/her control, in a condition detrimental to the public health, safety, or general welfare" and "No responsible person owning, managing or having control or charge of occupancy of any building, lot or premises within the City shall permit public nuisances of any kind as defined in [Chapter 8.02] to remain upon said premises or upon or over public sidewalks, streets or alleys between said premises and the center line of any public street or alley".

ANALYSIS:

As required by NCC §8.02.060, Notice and hearing for abatement of nuisances, a notice informing property owner(s) of the existence of a nuisance, abatement deadline, nuisance abatement procedures, and their right to object at a public hearing was sent to the property owner(s). Historically, many property owners comply with abatement notices prior to the posted hearing date. A final compliance survey of the subject property(ies) will be completed on Monday, November 13, 2023. Properties that have satisfactorily abated their specific nuisance(s) will be removed from the Abatement List prior to the public hearing.

FISCAL IMPACT:

None, abatement costs shall be recompensed to the City via a property lien (as provided in NCC §8.02.090).

CONCLUSION:

Public nuisances and violations of City Code are considered harmful and/or deleterious to the public health, safety, and welfare of the citizens of the City of Newman. The abatement of said nuisances enhances the livability, community appearance and the social, economic, and environmental conditions of the City. Therefore, staff recommends that the City Council conduct the public hearing and adopt Resolution No. 2023-, Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.

ATTACHMENTS:

1. Resolution No. 2023- , A Resolution Declaring The Existence Of A Public Nuisance

2. Photographs of Property( ies)

3. Letter(s)/Notice(s) sentto Property Owner(s)
Respectfully submitted,
Recreation Director/
za ~ Community Liaison
REVIEWED/CONCUR:

Michael Holland
City Manager
RESOLUTION NO. 2023-

A RESOLUTION DECLARING THE EXISTENCE OF A PUBLIC NUISANCE UNDER ORDINANCE NO. 95-4
WHEREAS, the Community Service Officer (CSO) has reported a nuisance, as outlined in Section 8.02.030 of the Newman City Code, located and existing upon property(ies) in the City of Newman in violation of Ordinance No. 1995-4 of the City of Newman, a description of said property(ies) being attached hereto and made a part of this resolution by this reference; and, WHEREAS, the CSO caused notice to be mailed to the respective owner(s) of the subject property(ies) as in said Ordinance provided, said notice giving notice to abate said nuisance(s) and setting a time and place for hearing objections to the proposed abatement(s); and, WHEREAS, said hearing was held on November, 2023, at 7:00 p.m., as in said notice provided; and,
WHEREAS, no objections to the proposed abatement(s) were received at said hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman that said City Council of the City of Newman finds that a condition exists with regard to the property(ies) in said City which is dangerous to life, limb and property, and to the public health, safety and morals, in that substantial deterioration/disrepair, weeds, rubbish, dirt and rank growth are growing, located and existing upon said property(ies) in violation of the provisions of Ordinance No. 95-4 of the City of Newman, which endangers and may injure neighboring property and endangers and injures the welfare of residents in the vicinity of said property(ies), and which is a fire hazard; that a description of said property(ies) is attached hereto and made a part of this resolution by this reference.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the gth day ofNovember 14, by Council Member ___________ _ who moved its adoption, which motion was duly seconded and was adopted upon roll call vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

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

1.1041 S Street
City of Newman
Abatement List
Broken or discarded furniture, household equipment, rubbish for more than I 0 days and visible from the street, and having a tendency to depreciate the aesthetic and property values of surrounding properties.

Nicholas A. Jacquez
1041 S. Street
Newman, CA 95360

NOTICE TO ABATE PUBLIC NUISANCE BY THE REMOVAL OF WEEDS, DIRT, RUBBISH

AND/OR RANK GROWTH
NOTICE IS HEREBY GIVEN THAT:

Pursuant to the provisions of Chapter i. Title§. of the Newman City Code, the following condition, as declared in NCC §8.02.030, constitutes a public nuisance: Broken or discarded furniture and household equipment on the premises for more than 10 days, and visible from the street or from the sites of neighboring properties and having a tendency to depreciate the aesthetic and property values of surrounding properties (APN No. 128-0056-017-000,). There is substantial diminution in the enjoyment, use, or property value of such adjacent properties which must be abated by the destruction, or removal thereof within 10 days of the date of this notice.

All responsible persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, destroy or remove such public nuisances, as defined above, from their property and from their half of the abutting street and alley between the lot lines, as extended, or such public nuisances will be destroyed or removed and such nuisance abated by City authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which Municipal taxes are collected.

A PUBLIC HEARING will be held at the regular meeting of City Council on August 8, 2023, at 7:00 p.m .. or soon thereafter as may be heard. This meeting will be held in accordance with Executive Order N-29- 20, issued by California Governor Gavin Newsom on March 17, 2020, The Ralph M. Brown Act (California Government Code Section 54950, et seq.), and the Federal Americans with Disabilities Act.

July 7, 2023
Roy T. Zahn
Community Services Officer
City of Newman
Nicholas A. Jacquez
1041 S. Street
Newman, CA 95360

FINAL NOTICE

NOTICE TO ABATE PUBLIC NUISANCE BY THE REMOVAL OF WEEDS, DIRT, RUBBISH

AND/OR RANK GROWTH
NOTICE IS HEREBY GIVEN THAT:

Pursuant to the provisions of Chapter~, Title§. of the Newman City Code, the following condition, as declared in NCC §8.02.030, constitutes a public nuisance: Broken or discarded furniture and household equipment on the premises for more than 10 days, and visible from the street or from the sites of neighboring properties and having a tendency to depreciate the aesthetic and property values of surrounding properties (APN No. 128-0056-017-000,). There is substantial diminution in the enjoyment, use, or property value of such adjacent properties which must be abated by the destruction, or removal thereof within 10 days of the date of this notice.

A PUBLIC HEARING will be held at the regular meeting of City Council on November 14, at 7:00 p.m., or soon thereafter as may be heard. This meeting will be held in accordance with Executive Order N-29-20, issued by California Governor Gavin Newsom on March 17, 2020, The Ralph M. Brown Act (California Government Code Section 54950, et seq.), and the Federal Americans with Disabilities Act.

October 13, 2023
Roy T. Zahn
Community Services Officer
City of Newman

Newman City CouncilNovember 14, 2023

Newman City Council
November 14, 2023