Newman City Council
March 12, 2024

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING MARCH 12, 2024
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 February 27, 2024 Meeting. (View Minutes) d. Adopt Resolution No. 2024- , A Resolution Rejecting The Claim Of Cenlar FSB. (View Report)
e. Adopt Resolution No. 2024- , A Resolution Authorizing The City Manager To Sign An Agreement With Hansford Economic Consulting To Conduct A Water Rate Study. (View Report)

9. Public Hearings
a. Adopt Resolution No. 2024- , A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4. (View Report)

10. Regular Business
a. Report On The Downtown Market Events At The Downtown Plaza. (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
March 12 – City Council - 7:00 P.M.

March 21 – Planning Commission – 7:00 P.M.

March 26 – City Council - 7:00 P.M.

March 31 – Citywide Curbside Leaf And Brush Pick-Up Ends.

AP Check Register
February 22, 2024 through March 5, 2024
1 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description Amazon Capital Services 10-22-6300 $ 18.33 123976 2/26/2024 Name Plate $ 18.33 123976 Total
Aramark 63-56-6200 $ 129.71 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 Aramark 10-07-6200 $ 153.80 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 Aramark 10-22-6200 $ 89.03 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 Aramark 10-33-6200 $ 194.56 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 Aramark 10-44-6200 $ 129.71 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 Aramark 60-50-6200 $ 194.56 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 Aramark 10-21-6200 $ 160.62 123977 2/26/2024 Uniform Cleaning/Mat Rental/Shop Towels/ January 2024 $ 1,051.99 123977 Total
AT&T 63-56-6200 $ 9.79 123979 2/26/2024 Alarm 1-13-24 to 2-12-24 AT&T 10-14-6200 $ 9.80 123979 2/26/2024 Alarm 1-13-24 to 2-12-24 AT&T 10-14-6420 $ 85.40 123979 2/26/2024 Landlines 1-13-24 to 2-12-24 AT&T 10-21-6420 $ 29.68 123979 2/26/2024 Landlines 1-13-24 to 2-12-24 AT&T 10-07-6420 $ 28.36 123979 2/26/2024 Landlines 1-13-24 to 2-12-24 AT&T 60-50-6200 $ 9.80 123979 2/26/2024 Alarm 1-13-24 to 2-12-24 AT&T 63-56-6420 $ 85.46 123979 2/26/2024 Landlines 1-13-24 to 2-12-24 AT&T 10-21-6420 $ 363.78 123979 2/26/2024 Circuit Line Between Fresno St to Ceres 1-13-24 to 2-12-24 $ 622.07 123979 Total
AT&T MOBILITY 10-02-6420 $ 47.86 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-44-6420 $ 212.55 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-03-6420 $ 117.43 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24
AT&T MOBILITY 10-06-6420 $ 150.08 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-45-6420 $ 91.79 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-21-6420 $ 1,638.53 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-22-6420 $ 576.49 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 60-50-6420 $ 828.79 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 69-47-6420 $ 182.91 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 73-70-6420 $ 27.30 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-33-6420 $ 227.45 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 10-07-6420 $ 51.10 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 22-20-6420 $ 24.18 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 AT&T MOBILITY 63-56-6420 $ 1,199.57 123978 2/26/2024 Cell Phone Use 1-03-24 to 2-02-24 $ 5,376.03 123978 Total
BAY ALARM 10-07-6665 $ 420.00 123980 2/26/2024 Alarm Monitoring @ Museum 3-1-24 to 2-28-25 $ 420.00 123980 Total
Bayer Corey 10-21-6695 $ 575.25 123981 2/26/2024 POST Training Per Diem/ Bayer $ 575.25 123981 Total

AP Check Register
February 22, 2024 through March 5, 2024
2 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description Canon Financial Services, Inc. 10-14-6200 $ 81.32 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 Canon Financial Services, Inc. 63-56-6200 $ 81.33 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 Canon Financial Services, Inc. 10-22-6200 $ 272.14 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 Canon Financial Services, Inc. 63-56-6200 $ 89.92 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 Canon Financial Services, Inc. 60-50-6200 $ 89.92 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 Canon Financial Services, Inc. 60-50-6200 $ 81.32 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 Canon Financial Services, Inc. 10-21-6200 $ 226.97 123982 2/26/2024 Contract Charges January 2024/Copy Charges February 2024 $ 922.92 123982 Total
COMCAST CABLE 10-21-6420 $ 161.66 123983 2/26/2024 High Speed Internet 2-6-24 to 3-5-24 /PD COMCAST CABLE 60-50-6200 $ 69.88 123983 2/26/2024 High speed internet/sewer COMCAST CABLE 10-21-6200 $ 69.88 123983 2/26/2024 High speed internet/PD COMCAST CABLE 63-56-6200 $ 69.90 123983 2/26/2024 High speed internet/water $ 371.32 123983 Total
Corona Cesar 10-00-2840 $ 300.00 123984 2/26/2024 Memorial Building Rental Deposit Refund/ Anaya $ 300.00 123984 Total
Curiel Angelica 10-00-2841 $ 20.00 124013 2/27/2024 Pioneer Park Rental Deposit Refund/ Curiel $ 20.00 124013 Total
DE ROSA JOHN MANUEL 63-00-2010 $ 54.66 123966 2/22/2024 Refund Check 005769-000, 1018 P STREET $ 54.66 123966 Total
ESPINO JORGE L. 63-00-2010 $ 82.30 123967 2/22/2024 Refund Check 016953-000, 1940 MORENO AVE $ 82.30 123967 Total
Ford Amy 10-22-6690 $ 169.00 123963 2/22/2024 Reimbursement for Training/ Ford $ 169.00 123963 Total
Gomez Jose 10-21-6695 $ 60.00 123985 2/26/2024 POST Training Per Diem/ Gomez $ 60.00 123985 Total
Gouveia Engineering, Inc 63-56-6200 $ 3,883.00 123986 2/26/2024 Project 540.06 Water Audit Gouveia Engineering, Inc 23-33-6210 $ 118.70 123986 2/26/2024 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 17-36-7780 $ 2,530.00 123986 2/26/2024 Project 555.04-3.2 NEWS Construction Implement Gouveia Engineering, Inc 18-56-7771 $ 4,809.00 123986 2/26/2024 Project 525.12D Jensen Rd Utilities Gouveia Engineering, Inc 10-31-6200 $ 78.75 123986 2/26/2024 Project 595.11 STBG Applications Gouveia Engineering, Inc 24-32-7781 $ 227.98 123986 2/26/2024 Project 545.18D Main St & Stanislaus Gouveia Engineering, Inc 18-32-7768 $ 6,300.28 123986 2/26/2024 Project 545 07C STPL-5172 (026) Inyo Canal School Gouveia Engineering, Inc 18-32-7739 $ 2,132.88 123986 2/26/2024 Project 525.02 STPL-5172 (024) Highway 33/ Inyo Gouveia Engineering, Inc 10-00-2545 $ 315.00 123986 2/26/2024 Project 580.04 Mattos Ranch PH1 Con Observe Gouveia Engineering, Inc 23-33-6220 $ 60.00 123986 2/26/2024 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 1,002.75 123986 2/26/2024 Project 585.15 McDonalds Plan Review Gouveia Engineering, Inc 17-33-7745 $ 275.63 123986 2/26/2024 Project 520.03 T St Specific Plan Gouveia Engineering, Inc 10-31-6200 $ 315.00 123986 2/26/2024 Project 525 0.1 Public Works General Gouveia Engineering, Inc 10-31-6200 $ 78.75 123986 2/26/2024 Project 595.05 CMAQ Applications

AP Check Register
February 22, 2024 through March 5, 2024
3 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description Gouveia Engineering, Inc 17-36-7779 $ 1,280.00 123986 2/26/2024 Project 555.05C Newman Wetlands Gouveia Engineering, Inc 23-33-6200 $ 593.05 123986 2/26/2024 Project 545.19D 2023 Measure L $ 24,000.77 123986 Total
LEAGUE OF CALIF. CITIES 10-01-6635 $ 120.40 123989 2/26/2024 Membership dues for year 2024 /League of Calif Cities $ 120.40 123989 Total
Lusher Adam 10-00-2305 $ 136.87 123990 2/26/2024 Payroll/ Lusher $ 136.87 123990 Total
Mechanics Bank 63-56-6120 $ 544.00 123991 2/26/2024 HSA 2nd Half Deposit/ Torres Mechanics Bank 10-14-6120 $ 528.00 123991 2/26/2024 HSA 2nd Half Deposit/ Torres Mechanics Bank 60-50-6120 $ 528.00 123991 2/26/2024 HSA 2nd Half Deposit/ Torres $ 1,600.00 123991 Total
Mechanics Bank 63-56-6120 $ 16.67 124014 2/27/2024 HSA Adjustment/ Freeman Mechanics Bank 60-50-6120 $ 16.66 124014 2/27/2024 HSA Adjustment/ Freeman Mechanics Bank 10-21-6120 $ 633.34 124014 2/27/2024 HSA Adjustment/ Freeman $ 666.67 124014 Total
MID VALLEY IT, INC 60-50-6200 $ 1,517.80 123992 2/26/2024 IT CONTRACT/SEWR MID VALLEY IT, INC 63-56-6200 $ 1,517.80 123992 2/26/2024 IT CONTRACT/WATR MID VALLEY IT, INC 10-21-6200 $ 3,035.60 123992 2/26/2024 IT CONTRACT/PD MID VALLEY IT, INC 10-14-6200 $ 1,517.80 123992 2/26/2024 IT CONTRACT/FIN $ 7,589.00 123992 Total
Modesto Junior College Ag Department 10-21-6208 $ 426.00 123993 2/26/2024 Animal Shelter/ February 2024 Modesto Junior College Ag Department 10-21-6210 $ 979.00 123993 2/26/2024 Catch & Release Program February 2024 Modesto Junior College Ag Department 10-21-6208 $ 435.00 123993 2/26/2024 Animal Shelter/ December 2023 Modesto Junior College Ag Department 10-21-6210 $ 177.00 123993 2/26/2024 Catch & Release Program December 2023 Modesto Junior College Ag Department 10-21-6208 $ 1,461.00 123993 2/26/2024 Animal Shelter/ January 2024 $ 3,478.00 123993 Total
Murillo Angel 10-21-6695 $ 60.00 123994 2/26/2024 POST Training Per Diem/ Murillo $ 60.00 123994 Total
NEWMAN SMOG AND LUBE 10-21-6530 $ 78.32 123995 2/26/2024 Oil Change 2016 Ford Explorer/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 714.67 123995 2/26/2024 Repair 2018 Ford Interceptor/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 78.32 123995 2/26/2024 Oil Change 2023 Ford Interceptor/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 1,302.40 123995 2/26/2024 Repair 2021 Ford Interceptor/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 133.51 123995 2/26/2024 Repair 2016 Ford Explorer/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 111.16 123995 2/26/2024 Repair 2015 Ford Explorer/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 71.84 123995 2/26/2024 Oil Change 2015 Ford Explorer/ PD NEWMAN SMOG AND LUBE 10-21-6530 $ 361.27 123995 2/26/2024 Repair 2021 Ford Interceptor/ PD $ 2,851.49 123995 Total
One Step GPS LLC 60-50-6200 $ 153.45 123996 2/26/2024 GPS Fleet Tracking Software One Step GPS LLC 10-21-6200 $ 209.25 123996 2/26/2024 GPS Fleet Tracking Software

AP Check Register
February 22, 2024 through March 5, 2024
4 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description One Step GPS LLC 10-22-6200 $ 69.75 123996 2/26/2024 GPS Fleet Tracking Software One Step GPS LLC 63-56-6200 $ 153.45 123996 2/26/2024 GPS Fleet Tracking Software $ 585.90 123996 Total
P G & E 10-33-6510 $ 513.47 123997 2/26/2024 Natural Gas Pumped @ CNG Fueling Station 1-10-24 to 2-8-24 P G & E 60-50-6410 $ 34.64 123997 2/26/2024 Electrical Charges for Solar Meter @ WWTP 1-9-24 to2-7-24 P G & E 69-47-6510 $ 320.93 123997 2/26/2024 Natural Gas Pumped @ CNG Fueling Station 1-10-24 to 2-8-24 P G & E 10-21-6510 $ 64.18 123997 2/26/2024 Natural Gas Pumped @ CNG Fueling Station 1-10-24 to 2-8-24 P G & E 63-56-6410 $ 729.37 123997 2/26/2024 Gas & Electric @ City Hall 1-5-24 to 2-5-24 P G & E 10-44-6510 $ 256.74 123997 2/26/2024 Natural Gas Pumped @ CNG Fueling Station 1-10-24 to 2-8-24 P G & E 63-56-6510 $ 64.18 123997 2/26/2024 Natural Gas Pumped @ CNG Fueling Station 1-10-24 to 2-8-24 P G & E 60-50-6410 $ 729.37 123997 2/26/2024 Gas & Electric @ City Hall 1-5-24 to 2-5-24 P G & E 10-07-6410 $ 729.38 123997 2/26/2024 Gas & Electric @ City Hall 1-5-24 to 2-5-24 P G & E 60-50-6510 $ 64.18 123997 2/26/2024 Natural Gas Pumped @ CNG Fueling Station 1-10-24 to 2-8-24 $ 3,506.44 123997 Total
Public Agency Coalition Enterprise 10-00-2260 $ 27,266.47 123987 2/26/2024 Health Insurance Premium/ March 2024 $ 27,266.47 123987 Total
Public Agency Coalition Enterprise 10-00-2260 $ 14,161.03 123988 2/26/2024 Health Insurance Premium/ March 2024 $ 14,161.03 123988 Total
Reyna Julio 10-00-2841 $ 20.00 123998 2/26/2024 Pioneer Park Rental Deposit Refund/ Reyna $ 20.00 123998 Total
Rose-Watkins Marie 10-00-2840 $ 409.63 123999 2/26/2024 Memorial Building Rental Deposit Refund Minus $90.37/ Watkins $ 409.63 123999 Total
RRM DESIGN GROUP, INC. 17-44-7780 $ 1,487.50 124000 2/26/2024 Newman Nature Park $ 1,487.50 124000 Total
STAN COUNTY SHERIFF'S REG 10-21-6695 $ 1,692.00 124004 2/26/2024 POST STOP Trainig/ Murillo, Gomez $ 1,692.00 124004 Total
Stanislaus Regional Housing Authority 19-14-6200 $ 86.00 124002 2/26/2024 Closure of Account at 412 Cinnamon Ln/ Antonio Hernandez $ 86.00 124002 Total
STAPLES ADVANTAGE 63-56-6300 $ 5.78 124003 2/26/2024 Wall Clips STAPLES ADVANTAGE 10-14-6300 $ 5.79 124003 2/26/2024 Wall Clips STAPLES ADVANTAGE 60-50-6300 $ 5.79 124003 2/26/2024 Wall Clips $ 17.36 124003 Total
State of Calif Dept of Justice 10-00-2014 $ 1,187.00 124001 2/26/2024 Fingerprint Apps/FBl/Child Abuse Index $ 1,187.00 124001 Total
Summers Engineering, Inc 10-00-2840 $ 75.00 124005 2/26/2024 Memorial Building Rental Deposit Refund/ Summers Engineering $ 75.00 124005 Total
Trailer Hub LLC 60-50-7105 $ 11,994.50 123964 2/22/2024 Equipment Trailer $ 11,994.50 123964 Total
UNIVAR USA, INC 63-56-6300 $ 770.78 124006 2/26/2024 140 Gallons of Sodium Hypoclorlte Delivered to Well #8

AP Check Register
February 22, 2024 through March 5, 2024
5 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description UNIVAR USA, INC 63-56-6300 $ 916.02 124006 2/26/2024 170 Gallons of Sodium Hypoclorlte Delivered to Well #8 $ 1,686.80 124006 Total
West Coast Pet Memorial Services 10-21-6208 $ 38.46 124008 2/26/2024 Disposal Clinic $ 38.46 124008 Total
Westside Connect 10-06-6600 $ 144.00 124007 2/26/2024 Public Notice Conditional Use Permit #23-02 Westside Connect 40-15-6600 $ 360.00 124007 2/26/2024 Notice of Public Hearing Auto Annual lnflation Adj Facility Fee Westside Connect 20-06-6600 $ 108.00 124007 2/26/2024 Public Notice Annual Action Plan $ 612.00 124007 Total
Wex Bank 10-07-6500 $ 45.41 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 69-47-6500 $ 354.44 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 63-56-6500 $ 1,033.13 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 10-22-6500 $ 1,534.42 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 60-50-6500 $ 732.23 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 10-33-6500 $ 449.33 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 10-21-6500 $ 3,744.45 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 Wex Bank 10-44-6500 $ 243.93 124009 2/26/2024 Gas and Diesel Purchases 1-16-24 to 2-15-24 $ 8,137.34 124009 Total
White Brenner, LLP 10-15-6200 $ 458.40 124010 2/26/2024 Through Jan 2024 General Municipal White Brenner, LLP 10-15-6200 $ 2,730.68 124010 2/26/2024 Professional Srvcs Rendered Through Jan 2024 Martinez $ 3,189.08 124010 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 125.29 124011 2/26/2024 Service Pins Witmer Public Safety Group, Inc 10-22-6300 $ 614.19 124011 2/26/2024 Structural Gloves Witmer Public Safety Group, Inc 10-22-6300 $ 104.76 124011 2/26/2024 Service Pins $ 844.24 124011 Total
Zahn Roy 10-06-6150 $ 19.85 124012 2/26/2024 Reimbursement for Belt Clips/ Zahn $ 19.85 124012 Total
$ 127,563.67 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING FEBRUARY 27, 2024
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.

Council Member Ball Stated That He Would Recuse Himself From Item 8.d.

6. Ceremonial Matters – None.

7. Items from the Public - Non-Agenda Items – None.

Justin Farkas, District Representative For Assemblymember Juan Alanis, Thanked City Staff For Providing A Space To Hold The Assemblymember’s Mobile Office Hours In The City Of Newman.

Farkas Reported That Assemblymember Alanis Would Be Introducing Twenty-Six New Pieces Of Legislation Dealing With Issues Ranging From Public Safety To Education.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The February 13, 2024 Meeting. d. Appointments To Fill Vacancies On The Planning Commission And Architectural Review Committee.
e. Acceptance Of Public Improvements For The Mattos Ranch Subdivision (Tentative Tract Map 04-03).

Council Member Ball Requested That Item 8.d. Be Pulled From The Consent Calendar.

ACTION: On A Motion By McDonald Seconded By Tomlinson, The Consent Calendar Minus Item

8.d. Was Approved By The Following Vote: AYES: McDonald, Ball, Tomlinson, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

Council Member Ball Stated That He Would Recuse Himself.

ACTION: On A Motion By Pimentel Seconded By Tomlinson, Item 8.d. Was Approved By The Following Vote: AYES: McDonald, Tomlinson, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: Ball.

9. Public Hearings – None.

10. Regular Business
a. Adopt Resolution No. 2024-06, A Resolution Adopting The Midyear Budget Changes For Fiscal Year 2023-2024.

Mayor Graham Asked Why The Property Tax Revenues Were Lower Than Expected.

Finance Director Humphries Noted That The Property Tax Revenues Were Higher Than Last Year But Lower Than Originally Projected At The Start Of The Fiscal Year.

Council Member Tomlinson Asked If All Of The New Homes Were Accounted For In The Mid-Year Budget.

Finance Director Humphries Stated That The Said Estimated Property Taxes Were Accounted For And Noted That The City Would Also Receive Supplemental Taxes.

Council Member McDonald Inquired About The City’s Projected Future Financial Health.

Finance Director Humphries Explained That The City Is Fiscally Responsible And Noted That The City Receives Funds From Grants And A Variety Of Funding Sources.

ACTION: On A Motion By Ball Seconded By McDonald, Resolution No. 2024-06, A Resolution Adopting The Midyear Budget Changes For Fiscal Year 2023-2024, Was Adopted 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.

Russell Fowler, Supervisor Condit’s Field Representative, Reported That Supervisor Condit Had Delivered Lunch To The Fire Station To Thank The Department For Their Assistance With The County Clean-Up Events. Fowler Noted That Stanislaus County Had Agreed To A Three-Year Pilot Program With Del Puerto Healthcare To Expand After Hours Healthcare on the Westside.

Council Member Ball Thanked Russell Fowler And Supervisor Condit For All Their Efforts Related To Bringing Increased Healthcare To The Westside.

Council Member Tomlinson Asked If Any Other Healthcare Providers Had Expressed An Interest In Coming To The Westside.

Council Member McDonald Expressed That The Goal For The Westside Should Be To Have A Trauma Center.

Russell Fowler Noted That The Supervisor Was Very Open To Increasing Healthcare On The Westside.

12. Items From The City Manager And Staff.

City Manager Holland Thanked City Staff For Being Fiscally Responsible And Noted That They Are Behind The City’s Responsible For Spending The Taxpayer Monies Diligently and Efficiently.

Holland Pointed Out That Staff Would Be Meeting Regarding The Nature Park The Following Week.

He Stated That There Was Some Progress With The NEWS Project Recently And Noted That Said Project Was On Schedule To Be Completed In The Summer Of 2024. Holland Mentioned That The Leaf And Brush Pickup Would Be Ending On March 31st. He Concluded With Wishing Everyone A Happy Election Season.

Recreation Director/Community Liaison Mendoza Reported That The Youth Basketball Season Was Entering Its Fourth Week. Mendoza Provided An Update On The Adult Volleyball Program And Noted That The Program Was Entering It’s Second Week Of The Season. She Stated That She Would Be Presenting The Downtown Market Event Information To City Council In The Near Future.

Lieutenant Short Reported That Caltrans Had Approved The Encroachment Permits To Install License Plate Readers On Highway 33 And Thanked Assemblymember Juan Alanis’ Office For Their Assistance With The Stalled Permitting Process.

13. Items From City Council Members.

Council Member McDonald Inquired About The Timeline For The Inyo Avenue Stoplight.

City Manager Holland Explained That The Last Traffic Study Did Not Produce The Warrants That Caltrans Requires But Indicated That The City Would Try Again When The Mattos Ranch Project Was Completed.

Council Member Ball Asked If The City Could Supersede Caltrans And Install Our Own Light.

City Manager Holland Stated No The City Could Not Install A Stoplight.

14. Adjournment.

ACTION: On A Motion By Pimentel Seconded By Tomlinson And Unanimously Carried, The Meeting Was Adjourned At 7:26 P.M.

City of Newman
City Clerk's Office
Memorandum
Date: March 5, 2024
To: City Council
From: Mike Maier, City Clerk fr/C/?t_
Subject: Agenda Item: 8.d. - Rejection Of Claim Filed By Cenlar FSB Agenda Item: 8.d.

On March 4, 2024, a claim against the City of Newman was filed by Cenlar FSB. The City's liability claims adjuster has reviewed and investigated the aforementioned claim and based upon her recommendation, staff recommends the Council reject said claim. Attached for your review, please find copies of an email from our liability claims adjuster, the claim submitted by Cenlar FSB, and the proposed resolution rejecting the claim.

Any discussions of the claim must be done in closed session as potential litigation/liability claims.

Mike Maier
From:

Sent:

To:

Cc:

Subject:

Attachments:

Lori Tigson < [email protected] >
Tuesday, March 05, 2024 11 :22 AM
Mike Maier; Kenneth Wilkerson; Jim Weakley
Michael E. Holland; Susan Borrelli
EXTERNAL - FR 10012722646 City of Newman Eugenia Bentayeb Trip & Fall New Claim - Newman Cenlar FSB - 03-04-2024 - Bentayeb - FR 100127 .pdf; EXTERNAL - Bentayeb v. City of Newman
! CAUTION: This email originated from outside of the organization. Do not click links or open attachments I unless you recognize the sender and know the content is safe.

Good morning Mike,
This claim is for implied equitable indemnity and declaratory relief and the Claimant is listed in the First Amended Complaint. We recommend rejection of this claim Form G and once the Cross Complaint is served, please forward a copy to us.

We have included Jim Weakley so he is aware that the Cross Complaint is forthcoming. Please include him when the rejection is sent.

Thank you,
Lori Tigson
AIMS Senior Claims Adjuster
P.O. Box 26597
Fresno, CA 93 729
(559) 227-9972, ext. 4933
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CITY OF NEWMAN

CLAIM FORM
FORMB
(Please Type Or Print) CITY OF NEWMAN
CLAIM AGAINST City of Newman and any related entities responsible for maintenance and repair {Name of Entity)
SS#: __ N_IA Gender: Male Female
Claimant's address: 425 Phillips Blvd., Ewing, NJ 08618 Address where notices about claim are to be sent, if different from above: Wolfe & Wyman LLP, c/o Libby Wong, Esq., 2212 Dupont Drive, Irvine, CA 92612
DareofincWenUaccWem:~_A_u_g_u_s_t_4_,2_0_2_1~~~~~~~~~~~~~~~~~~~~~~~~~- Date injuries, damages, or losses were discovered: September 11, 2023 Location of incident/accident: Around 1160 Barrington Ave., Newman, CA What did entity or employee do to cause this loss, damage, or injury? ~lleged failure to maintain, repair, provide notice of a dangerous condition, i.e., uneven sidewalk
(Use back of this fonn or separate sheet if necessary to answer this question in detail.i What are the names of the entity's employees who caused this injury, damage~ or loss (if known)? ____ _ Unknown at this time. Claimant intends to conduct discovery.

Plaintiff
What specific injuries, damages, or losses did~ receive? Plaintiff Eugenia Bentayeb alleges fracture of left elbow and additional treatment resulting from complications of fracture and surgery. (Use back of this form or separate sheet if necessary to answer this question in detail.) What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: If Superior and Municipal Courts are consolidated, you must represent whether it is a '"limited civil case" fsee Government Code 91 O(f)] Plaintiff Bentayeb alleges treatment is ongoing and that medical expenses to date are $1'50,000 and future medical expenses are $150,000.-Plaintiff alleges generaTaamages-are - $1 million. Claimant Cenlar seeks indemnity and declaratory relief against City of Newman.

How was this amount calculated (please itemize)? See Plaintiff's First Amended Complaint against Cenlar FSB and City of Newman. See Statement of Damages attached. Cenlar seeks indemnity and declaratory relief against City of Newman.
(Use back ofthjs form or separate sheet if necessary- to an. ·er th is quefiT in detail.) Date Signed: February 28, 2024 Signature: (._ .Z,1.1'-' t ' · }J_ J I If signed by representative:

Representative's Name __ L_ib_b...._y-'W_on_,g..__ _____ Address 2212 Dupont Orjve, Irvine, CA 92612 Telephone# (949) 475-9200
Relationship to Claimant Attorney for Claimant Cenlar FSB ---~~---~~---~~~-------~~--~

WOLFE &WYMAN LLP
February 28, 2024
Certified Mail, Return Receipt Requested

CITY OF NEWMAN
Attn: City Clerk
P.O. Box 787
Newman, CA 95360
Libby Wong

ATTORNEYS & COUNSELORS AT LAW
lwong@wwJaw ID) ~g n VJ ~ Im
Our File No: 1758 llll MAR 0 J 2024 llJ)
Cl1Y OF NEWMAN
Re: Claim Form/Notice Against City of Newman
Case Name: Bentayeb v. City of Newman, et al.

Court: Superior Court of California, County of Stanislaus Case No.: CV-22-001715
Ou Client: Defendant Cenlar FSB
Loan No.: 0152041612
Dear City Clerk or To Whom It May Concern:

Please be advised that my law firm represents Defendant Cenlar FSB ("Cenlar") in this matter.

Please take notice that Cenlar is hereby submitting its Claim Form/Notice against the City of Newman in connection with the above-referenced action. Cenlar intends to pursue a crosscomplaint against the City of Newman for implied equitable indemnity and declaratory relief.

Enclosed please find the following:
(1) Claim ForrnJNotice on behalf of Cenlar FSB against the City of Newman; (2) Plaintiff Eugenia Bentayeb's First Amended Complaint; (3) Plaintiff Eugenia Bentayeb's Statement of Damages.

Should you have any questions, or wish to discuss, please feel free to contact the undersigned.

LW/ymb
Enclosure
4837844.l
~.: . . :;. :

Very truly yours,

WOLFE & WYMAN LLP
·-- : ~ ... )/.. ",;.

WW.LAW
EXHIBIT "1"
Susan Y. Kang Gordon, Esq. (SBN: 273979)

LAW OFFICE OF SUSAN KANG GORDON
2 21 C Orinda Way #162·
Electronically Filed
9/5/2023 4:34 PM
Superior Court of California
County of Stanislaus 3 Orinda, CA 94563
Telephone: ( 510) 400-6146
4 Facsimile: (510) 400-6148
Clerk of the Court
By: Raquel Enriquez, Deputy
5 Attorney for Plaintiff: EUGENIA BENTAYEB
6 7
8 SUPERIOR COURT OF STATE OF CALIFORNIA

STANISLAUS COUNTY (UNLIMITED JURISDICTION)
9 EUGENIA BENTAYEB, ) Case No.: CV-22-001715
)
10 II
l2
Plaintiff,
vs .

CITY OF NEWMAN; JOSE ALCANTAR;
) FIRST AMENDED COMPLAINT FOR
) DAMAGES AND DEMAND FOR JURY
) TRIAL

1. Negligence
13 T
)
)
)
)
)
)

2. ,Premises Liability
formerly doing business as CfNI AR ESS14 AMERIFIRST FINANCIAL-;-.INC.; ANO

3. Negligence

4. Breach of Contract
15 DOES 1 TO 25, inclusive. 5. Declaratory Relief
16 17
' I .

Defendants. ) Trial Date: TBD
_______________ ) Complaint filed: Aprif 18, 2022
18 Plaintiff EUGENIA BENTAYEB, as and for her claims against defendants CITY 19 OF NEWMAN; JOSE ALCANTAR; CENLAR CAPITAL CORPORATION, formerly doing 20 business as CENLAR FSB; AMERtFIRST FINANCIAL, INC and DOES 1 TO 25. 21 22
23 24
inclusive. alleges the following:

PARTIES

1. Plaintiff EUGENIA BENTAYEB ("Plaintiff' or "Bentayeb"), is. and at all times hefein relevant was, a resident of the City of Newman, Stanislaus ~ounty, State of California .
26 2. Defendant is a city in Stanislaus County , incorporate_d on or about June 10, 1908 27 under the laws of the State of California.
28 3. Defendant JOSE ALCANTAR ['Alcantar'] was, at all times relevant to the inctdent Case no. CV-22-001715 FIRST AMENDED COMPLAINT
2 3
4 5
6 7
8 9
10 II
l2
1J
14 JS
16 17
18 19
20 21
22 23
24 25
26 27
28 4.

5. 6.
causing the injuries sustained by Bentayeb on August 4 , 2021 [hereafter the 'Accident']. a resident of the CITY OF NEWMAN. Jiving at and the owner of the1160 Barrington Avenue, CITY OF NEWMAN. Bentayeb is informed and believes and thereon alleges that Alcantar now resides in the State of Missouri.

Bentayeb is informed and believes and thereon atleges that defendant CENLAR CAPITAL CORPORATION is a corporation, incorporated under the laws of the Stat~ of New Jersey, whh its principal place of business at 425 Phillips Blvd ., Ewing, New Jersey. Bentayeb is informed and believes and thereon alleges that, at times herein relevant. CENLAR CAPITAL CORPORATION was known as or did business under the names Cenlar FSB and/or Cenlar Financial Services, tnc. [CENLAR CAPITAL CORPORATION, Cenlar FSB and Cehlar Financial Services, Inc. hereafter collectively the ··cenlar Defendants"]. Bentayeb is informed and believes and thereon alleges that, at all times herein relevant, the Cenlar Defendants were authorized to conduct business in California. and were doing business in Stanislaus County providing mortgage loan subservicing for mortgage lenders such as AMERIFIRST F'NANCfAL INC. [" Amerifirst"]. servicing and administering secured resldential loans to California customers, including Alcantar.

Bentayeb is informed and beJieves and thereon alleges that defendant AMERIFIRST FINANCIAL, INC {"Amerifirst"] is. and at all times herein relevant was, a corporation formed under the raws of the State of Arizona, with its principal place of business at 1550 E. McKellips Road, suite 117, Mesa, Arizona. Bentayeb is further informed and believes and thereon alleges that defendant Amerifirst is, and at all times herein relevant was , a duty licensed mortgage lender [NMLS # 145368}, authorized to do business in this State of California, and doing business in the CITY OF NEWMAN as a mortgage lender to individuals such as Alcantar.

The true names, capacities. and/or bases of liability of defendants Does 1 through 25 inclusive, are unknown to Plaintiff who therefore sue defendants by their fictious names. Bentayeb is informed and believes and thereon alleges that each of the 2 Case no. CV-22-001715 FIRST AMENDED COMPLAINT
defendants named and joined herein under such fictitious names is legally 2 responsible for the injuries sustained by Bentayeb as a result of the Accident 3 occurring on August 4, 2021 in the City of Newman or for the cancellation, 4 termination, expiration and no~-renewal of his [Alcantar's] liability insurance prior to 5 the date of the Accident. . Bentayeb wm seek leave to amend this complaint to 6 identify and substitute the true names for such fictitious defendants when their 7 names, capacities and/or basis of their respective liability to Plaintiff becomes known 8 or has been ascertained.
9 7. Plaintiff is informed and believes and thereon alleges tha1 certain of the fictitiously IO named defendants are the successors in interest to some of the named defendants, I I and in that capacity, are liable for the acts or omissions of those defendants I 2 proximately resulting in the Accident.
lJ 8. Bentayeb is informed and believes and thereon alleges that, at alf times herein 14 relevant, defendants, and each of them, were the principals, agents. employers. 15 employees, and/or authorized representatives of the remaining defendants and were l6 at all times acting within the course and scope of said agency, employment and/or I 7 other relationship, and/or whose acts and omissions have since been rectified by J 8 such other defendants.

I 9 GENERAL ALLEGATIONS
20 9. On August 4, 2021, Bentayeb was a pedestrian walking on the sidewalk adjacent to 21 defendant Alcantar's residence at 1160 Barrington Avenue in Newman, Californi~ 22 (the "Subject Sidewalk'). At that time and pface, Bentayeb tripped and fell on an 23 uneven, raised and/or protruding portion of the Subject Sidewalk, fracturing her 24 elbow. The injuries proximately caused by her Accident ['trip and fall'} have already 25 required two operations to repair her fractured left elbow. and Bentayeb is informed 26 and believes and thereon aneges that she may require a third surgery in the near 2 7 future to address complications arising from her injuries and treatment. including the 28 aforementioned. two surgeries
3 Case no. CV-22-001715 FIRST AMENDED COMPLAINT

10. Bentayeb is informed and believes and thereon alleges, that at all times herein 2 relevant, Defendants City of Newman and Alcantar owned, leased. occupied and/or 3 controlled the area of the Subject Sidewalk on which the Accident occurred4 and as 4 such, had a duty to and were each responsible for monitoring, inspecting, 5 maintaining and repairing the Subject Sidewalk such that it could be used by 6 pedestrians in a safe and reasonable manner without undue risk. In addition. said 7 Defendants also had a duty to and were jointly and severalty responsible for notifying 8 pedestrians in the area of the Subject Sidewalk of any dangerous conditions. 9 11 . At aH times herein mentioned. Defendant CITY OF NEWMAN and Does 6 to 10, and 10 each of them, were public entities liable for Plaintiff's injuries and damages alleged !. J herein pursuant to California law, including, but not limited to. Cal. Gqvernment Code 12 Sections 815 .2, 815.6, 820, 835, et seq. for their failure to reasonably control, 13 maintain, monitor, inspect. and/or repair the Subject Sidewalk such that it was safe 14 for pedestrians. Plaintiff is informed-and believes and thereon alleges that. at times l5 relevant to the Accident, Defendants CITY OF NEWMAN, Alcantar and Does 6-10

1.6 had actual and/or constructive knowledge of the dangerous cond;tion of the Subject ? 7 Sidewalk, neither a trivial danger nor minor defect, and failed to warn Plaintiff of this 18 dangerous condition.
19 12. Plaintiff is informed and believes and thereon alleges that Defendants Alcantar, City 20 of Newman and Does 6 through 1 O breached their duty. of care by wantonly, 21 recklessly, negligently and carelessly failing to control, maintain. monitor, inspect 22 and/or repair the Subject Sidewalk to avoid development of cracks, uneven surfaces . 23 etevation differences between adjacent sections of the Subject Sidewalk and other 24 trip hazards and defects and/or by failing to give notice of cracks, uneven surfaces , 25 elevation differences between adjacent sections of the Subject Sidewalk and other 26 trip hazards and defects, and the danger to pedestrians such as Bentayeb as a result 27 of these conditions .
28 13. As a direct and proximate result of said Defendants' actions, omissions, breach of 4 Case no. CV-22-001715 FIRST AMENDED COMPLAINT
their duty of care1 carelessness and negligence, the Accident occurred resulting in 2 severe injuries to Plaintiffs body, specifically including, but not limited to, a fractured 3 left elbow which has already required two surgeries. Bentayeb has and continues to 4 endure pain and suffering as a resuft of Defendants' negligence. In addition, 5 Bentayeb has incurred medical and incidental expenses of approximately $53.671 , 6 and estimates future medical and incidental expenses in the range of $70,000. 7 14. As a further direct and proximate result of these Defendants' negligence and her 8 injuries resulting from the Accident, Plaintiff was unable to continue to provide 9 household services as she had previously and Plaintiff is informed and believes and I 0 thereon alleges that she will continue to be disabled from providing such services for I I an indefinite time period in the future. Plaintiff has incurred other consequential I l2 damages and further economic damages, in amounts presently unknown. I 13 15. On or about November 24th. 2020, Alcantar refinanced the mortgage on his house at I 14 1160 Barrington Avenue, Newman (the 'Alcantar Residence'], with a new loan and 15 mortgage from Amerifirst Financial, Inc ('Amerifirst']. As had been the requirement l. 6 with his prior mortgage lender (Penny Mac). Amerifirst required that certain expenses i 7 for the Alcantar Residence, specifically including the premium for his homeowner's l 8 insurance and real estate taxes, be paid from an impound account. Bentayeb is 19 informed and believes and thereon alleges that. as required and a condition of the 20 Ameriftrst refinancing, Alcantar paid approximately $399.78 into an impound account 2 l at close of escrow on the refinancing to fund th~ premiums for his existing 22 homeowner's insurance with California State Automobile Association ['CSAA'] for the 23 first 9 months of 2021.
24 16. Bentayeb is informed and believes and thereon alleges that the Cenlar Defendants 25 were retained by Amerifirst to service that Alcantar Residence mortgage. specificatly 26 including, but not limited to, payment of the insurance premiums out of the impound 27 account. Bentayeb is informed and believes and thereon alleges that, prior to or on or 28 around May, 2021 , the Cenlar Defendants failed to remit payment of the premium to 5 Case no CV·22-001715 FIRST AMENDED COMPLAINT
continue or renew the CSAA homeowners policy on the Alcantar Residence, resulting 2 in its expiration and /or cancellation prior to the Accident. Alcantar has assigned his 3 claims against Amerifirst and the Cenlar Defendants to Bentayeb. 4 FIRST CAUSE OF ACTION
5 NEGLIGENCE
6 [Plaintiff EUGENIA BENTAYEB against DEFENDANTS ALCANTAR, CITY OF 7 NEWMAN .and Does 6 through 15, inclusive]
8 17. Bentayeb incorporates by this reference paragraphs 1 through 16, and realleges the 9 same as though fuUy set forth here.

I 0 18. At and prior to the time of the Acddent, Defendants CITY OF NEWMAN , Alcantar l I and Does 6 through 151 and each of them, owned, leased, occupied and/or 12 controlled the Subject Sidewalk, and as such were each responsible to monitor, I J inspect, repair and/or maintain the Subject Sidewalk in a safe and reasonable 14 manner, as well as to notify pedestrians in that area of the Subject Sidewalk of any !5 dangerous conditions .
16 19. Bentayeb is informed and believes and thereon alleges that, at and/or prior to .the J 7 time of the Accident. Defendants CITY OF NEWMAN , Alcantar and Does 6 through 18 15, and each of them. breached their.duties of due care by wantonly. recklessly, !9 negligently and carelessly owning. controlling, maintaining, monitoring, inspecting 20 and/or failing to monitor, inspect. repair and/or maintain the Subject Sidewalk in a 21 safe and reasonable manner. as weU as by failing to notify pedestrians in that area of 22 the Subject Sidewalk of any dangerous conditions
23 20. Said Defendants' negligent failure to monitor. inspect, repair and/or maintain the 24 Subject Sidewalk in a safe and reasonable manner, and/or failure to notify/warn 25 pedestrians in that area. of the Subject s;dewalk of the dangerous condition(s) which 26 had developed as a result of their negligence was a substantial cause of the 27 Accident. resulting in Bentayeb 's injuries and damages as more fully set forth herein. 28 WHEREFORE, Bentayeb prays for damages and other relief as hereinafter set 6 Case no. CV-22-001715 FIRST AMENDED COMPLAINT
forth.
2 SECOND CAUSE OF ACTION
3 PREMISES LIABILITY
4 [Plaintiff EUGENIA BENTAYEB against all DEFENDANTS Alcantar. City of 5 Newman and Does 6 through 20, inclusive)
6 21 . Bentayeb incorporates by this reference paragraphs 1 through 20, and realieges the 7 same as though fully set forth here.
8 22. Defendants City of Newman, ·Alcantar and Does 6 through 15,.and each of them, 9 owned, leased, occupied and/or controlled the Subject Sidewalk and as such were I 0 each responsible to monitor, inspect. repair and/or maintain the Subject Sidewalk in 11 a safe and reasonable manner, as well as notifying pedestrians in that area of the 12 Subject Sidewalk of any dangerous conditions.
13 23. Bentayeb is informed and believes and thereon alleges that, at and prior to the time l 4 of the Accident, Defendants City of Newman, Alcantar and Does 6 through 15. and 15 each of them, breached their duties by failing to monitor, inspect. repair and/or

1.6 maintain the Subject Sidewalk in a safe and reasonable manner, as well as by failing 17 to notify pedestrians in that area of the Subject Sidewalk of any dangerous 18 conditions.
19 24. Said Defendants' negligent failure to monitor, inspect. repair and/or maintain the 20 Subject Sidewalk in a safe and reasonable manner. and failure to notify pedestrians 21 in that area of the Subject Sidewalk of any dangerous conditions caused the 22 Accident, resulting in Plaintiff's injuries and damages more fully set forth above. 23 WHEREFORE, Bentayeb prays for damages and other reJief as hereinafter set 24 forth .
25 THIRD CAUSE OF ACTION
26 NEGLIGENCE
27 [Plaintiff EUGENJA BENTAYEB against AMERIFIRST. the CENLAR DEFENDANTS 28 and Does 16 through 25, inclusive]
7 Case no. CV-22-001715 FIRST AMENDED COMPLAINT

25. Plaintiff Bentayeb incorporates by this reference paragraphs 1 through 14, and 2 realleges the same as though fully set forth here .~
3 26. Bentayeb is informed and believes and thereon alleges that on or about November 4 24th, 2020, Alcantar refinanced the mortgage on his house at 1160 Barrington 5 Avenue. NeWnian [the 'Afcantar Residence'], with a new loan and mortgage from 6 Amerifirst Financial, Inc {'Amerifirst']. As had been the requirement with his prior 7 mortgage lender (PennyMac). Bentayeb is informed and believes and thereon alleges 8 that Ameriftrst required that certain expenses for the Alcantar Residence, specifically 9 including the premium for Alcantar's homeowner's insurance and real estate taxes, IO be paid from an impound account. Alcantar is further informed and believes and ! I thereon alleges that, as requi~ed and a condition of closing the Amerifirst refinancing , 12 Alcantar, paid approximately $399.78 into the Impound account at close of escrow on 13 the refinancing to fund the next 9 months' premium of his existing homeowner's 14 insurance with California State Automobile Association ('CSAA'].

I 5 · 27. Bentayeb is informed and believes and thereon alleges that the CenJar Defendants

1.6 and Does 16-25, inclusive. were retained by Amerifirst to service that mortgage, 17 specificarry including, but not limited to, payment of the insurance premiums out of the 18 impound account to CSAA. Bentayeb is further informed and believes and thereon 19 alleges that, in or around May, 2021, the Cenlar Defendants negligently and 20 1
carelessly failed to remit payment of the premiums to continue or renew the CSAA 21 policy on the AJcantar Resjdence, resulting in its expiration. cancellation or non22 renewal prior to the Accident. Bentayeb is further informed and believes and thereon 23 alleges that Alcantar was unaware his homeowners insurance had lapsed, been 24 cancelled, terminated or non-renewed until after the Accident when Afcantar notified 25 CSAA of the Accident, Bentayeb's claim and tendered the defense of this lawsuit to 26 CSAA. Bentayeb is further informed and believes and thereon alleges that Amerifirst, 27 although on notice that the homeowners insurance on the Alcantar Residence had 28 lapsed, been cancelled. terminated, expired or non-renewed, negligently failed and 8 Case no CV-22-001715 FIRST AMENDED COMPLAINT
2 J
4 JO
l 1
12 13
14 15
11 l6 ll ll
17 j
18 :
neglected to notify Alcantar or obtain and place homeowners insurance on the Alcantar Residence. as was customary when such insurance lapsed.

28. As a direct and proximate result of Amerifirst's and the Cenlar Defendants' negligence. carelessness and disregard of the escrow instructions regarding payment of the insurance premiums to CSAA out of the impound account for at least the first 9 months of 2021, unbeknownst to him, Alcantar's homeowners insurance with CSAA expired, was cancelled or non-renewed in or around May, 2021, depriving him of insurance covering his liability for damages to Bentayeb for her damages caused by the Accident.

29. Alcantar has assigned his claim(s) against Amerifirst and the Cenlar Defendants and Does 16-25 to Bentayeb.

30. As a direct and proximate result of Amerifirst's and the Cenlar Defendants' negligence disregard of the escrow instructions and failure to fund payment of the Insurance premiums from the impound account. Alcantar has been deprived of legal representation rn defense of Bentayeb's claims and indemnity by CSAA for any damages awarded against him in this Action. The amount of damages proximately resufting from the negligence Amerifirst, the Cenlar Defendants and Does 16-25 is unknown at this time, bt.Jt is in excess of jurisdictional minimum of this court. 19 I WHEREFORE, Bentayeb prays for damages and other relief as hereinafter set 20 I forth.
!
2 l j FOURTH CAUSE OF ACTION
I
22 I BREACH OF CONTRACT
2 311 [Plaintiff EUGENIA BENT A YEB against AMERIFIRST, the CENLAR DEFENDANTS 24 and Does 16 through 25, inclusive]
25 31 . Bentayeb incorporates by this reference paragraphs 1 through 14 and 26 through 30, 26 and realleges the same as though fully set forth here. 27 32. Bentayeb is informed and believes and thereon alleges that the Cenlar Defendants 28 were retained by Amenfirst, and agreed in writing to service the Alcantar Residence 9 Case no. CV-22-001715 FIRST AMENDED COMPLAINT
mortgage, and in that capacity agreed to pay certain expenses out of the impound 2 account funded by Alcantar, specifically including, but not limited to, payment of the 3 insurance premiums to CSAA Bentayeb is further informed and believes and thereon 4 alleges that. insofar as the impound account requirement was also for the benefit of 5 Alcantar. he was a third-party beneficiary of the Cenlar Defendants' contractual 6 obligations with regard to the impound account.
. .
7 33. Bentayeb is informed and believes and thereon alleges that. prior to or on or around 8 May, 2021, the Cenlar Defendants breached this contract by failtng to remit payment 9 of the premium~s) to continue or renew the CSAA homeowners policy on the Alcantar I 0 Residence, resuJting in its expiration and /or cancellation prior to the Accident.

I I Alcantar has assigned his claims against Amerifirst and the Cenlar Defendants to 12 Bentayeb.
13 33.As a direct and proximate result of these defendants' breach of contract. breach of 14 the escrow instructions and failure to fund payment of the insurance premiums from 15 the impound account, Alcantar has been deprived of legal representation in defense

1.6 of Bentayeb's clajms and tndemnity by CSAA for any damages awarded against him 17 in this Action. The amount of damages proximately resulting from the breach of l 8 contract of Amerifirst, the Cenlar Defendants and Does 16-25 is unknown at this time 19 but is in excess of jurisdictional minimum of this court. 20 WHEREFORE. Bentayeb prays for damages and other relief as hereinafter set forth. 21 FIFTH CAUSE OF ACTION
22 DECLARATORY RELIEF
23 (Plaintiff EUGENIA BENTAYEB against AMERIFIRST, the CENLAR DEFENDANTS 24 and Does 16 through 25, inclusive]
25 34. Bentayeb incorporates by this reference paragraphs 1 through 14 .and 26 through 34 . 26 and realleges the same as though fully set forth here. 2 7 35. Bentayeb is informed and believes and thereon alleges that a dispute has arisen and 28 currently exists between Afcantar, on the one hand, and Amerifirst and the Cenlar I 10
Case no. CV-22-001715 FIRST AMENDED COMPLAINT
Defendants, on the other, regarding responsibility for the cancellation. termination, 2 expiration and non-renewal of the homeowners insurance policy on the Alcantar 3 Residence.
4 36. Bentayeb, as Alcantar's assignee. contends that Ameriftrst, the Cenlar Defendants 5 and Does 16-25 are·liable for the cancellation, termination. expiration and non6 renewal of the homeowners insurance policy on the Alcantar Residence. and 7 therefore liable to indemnify Alcantar for damages awarded against him in favor of 8 Bentayeb. Bentayeb is informed and believes and thereon alleges that said 9 defendants contend that they were not negligent or in breach of contract even if they IO omitted to pay the required premiums out of the impound account. and that Alcantar I I was properly, legally and timely notified by CSAA of the pending cancellation, J 2 termination, expiration and/or non~renewal of the homeowners insurance policy on l J the Alcantar Residence. and should have taken action to avert the cancellation, 14 termination, expiration and/or non-renewal of the homeowners insurance policy on IS the Alcantar Residence_. Bentayeb is informed and believes and thereon alleges that 16 Alcantar disputes this contention.
17 37. A declaration of these parties' rights and obligations regarding this dispute and issue J 8 is required in this Action to avoid a multiplicity of suits, potentially inconsistent rulings, l 9 and to determine the extent to which these defendants are obligated to indemnify 20 Alcantar for damages awarded him in this Action.
21 PRAYER FOR RELIEF
22 Bentayeb prays for judgment against DEFENDANTS, and each of them, as 23 follows :
24 I. As against Alcantar and CITY OF NEWMAN on the First and Second Causes of 25 Action:
26 A. For economic damages according to proof at the time of trial; 27 B. For general damages according to proof at the time of trial; 28 C. For costs of sutt;
11 Case no_ CV-22-001715 FIRST AMENDED COMPLAINT

0. For prejudgment interest in accordance with Civil Code sections 3287, 2 3288 and 3291; and
3 E. For such further relief as the Court may deem proper. 4 11. As against Amerifirst, the Cenlar Defendants and Does 16-25 on the Third, Fourth 5 and Fifth Causes of Action:
6 F. For economic damages according to proof at the time of trial; 7 G. For general damages according to proof at the time of trial:
8 H. For costs of suit;
9 I. For prejudgment interest in accordance with Civil Code sections 3287. 10 3288 and 3291;
l l · J. For a declaratory judgrytent that Amerifirst. the Centar Defendants and 12 Does 16-25 are liable for the cancellabon, termination, expiration and/or l 3 non-renewal of the homeowners insurance policy on the Alcantar 14 Residence. and therefore liable to indemnify Alcantar for damages 15 awarded again_st him in favor of B~ntayeb.
l6 K. For such further relief as the Court may deem proper. 17 DEMAND FOR JURY TRIAL
18 Bentayeb demands a jury trial on each and all of the causes of action set forth in l 9 this complaint.
20 21 Dated: September 5, 2023
22 23
24 25
26 27
28 LAW OFFICE OF SUSAN KANG GORDON
By: __ s_~~-~-~__...f!:.__~_~_n-__ _
SUSAN.KANG GORDON, ESQ.

Attorney for Plaintiff Eugenia Bentayeb
12 Case no. CV-22-001715 FIRST AMENDED COMPLAINT
EXHIBIT "2"
i
.. DO NOT RLE WITl1 THE COURT· CtV-OSO
-UNLESS 'IOU ARE APPL YING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE§ 585 • l\TT~HEY OR PARTY 'MTHOUT A nORMEV JN- and A~:

Susan Kang Gordon, Esq. i..SBN: 273~79)
TELEPHONE NO.:
5 I. 0-400-6146
Law Office of Susan Kang Gordon
2 IC Orinda Way #162
Orinda. CA 94563
moRNEY FOR(n.m.J: Plaintiff: EUGENIA BENT A YES
1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANlSLAUS
STREET ADDRESS: 80 l I 0th St 4th Floor r
MAIL!~ AOOAESS:
c:n.ANOz1PcooE: Modesto, CA 95354
eRANcHNAME: CIVIL - Unlimited Jurisdiction

PLAINTIFF EUGENIA BENTA YEB
DEFENDANT: CITY OF NEWMAN; JOSE ALCANTAR, et al.

STATEMENT OF DAMAGES CASE NUMBER:
(Personal Injury or Wrongful Death) CV -22-00 l 7 15
To (nameofonedetendantoriJyJ-CENLARCAPITAL CORPORAT[ON, formerly dba CENLAR FSB P•a111tiff (name o1 on-e plaintiff only) EUGEl'\lA BENT A YEB seel(s damages ff" ttle above-enrit'ed actron as fottows:
1 . General cSama-ges
a CZJ Pai:i. suffering, ar:d ioconvenience .
b CZJ Emotional distress _
c D Loss of consoroum _ ...
d. D Loss of sociey and companionship (wrongful death actions only) e. ' I Other (s.P'JCrfy)
f 0 Other ( specrfy)
g. Q Conlinued Oil Attactiment, g
AMOUNT
$500,000.00
$ 500,000 00
$ -------
$
-------
$ __ ~---
$

2. Special damag.es
a C2J Med:cal elepenses (to date) .
b CZJ Future medical expenses (present. value) _
c. CJ Loss of earnings (to date) __
0 il Loss of future earning capacity (present. valve) . e 0 .
0 roperty damage
' D Funeral expenses (wrongfut death actions only} .
g CJ Future conlnbutions (pre$enl value) (wrongful delJih adions only) . h D Value of personal service. advice. or training (wrongt1.11 death actions only) • 1 1 Other (speofy)
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3. c:J Pun:itive damages: Plaintiff res~rves the rigt"lt lo ~ek pumtive damages in the amount of (specify) .. $ when put Suing a judgment rn ltie .suit filed against yoo Dale: 09iC7t2023
Susan Kang Gordon, Esq ~--,~--:-~-U:-l>t>-~-WT'lf'-~-OR-~-AT"'"'T(,1.0_,.;~~;-0R-uU_P\.M<_T_:-fl--- (Proof or ser\llce oo reverse)

ST A TEMEN T OF DAMAGES
(Pe~nal lnjufY or Wrongful Death)
cooe ct Ci'l1I Pr~ute . H ·~ , '· m .• ~
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CIV-050
PLAINTIFF: EUGENlA BENT A YEB CASE NUMBER·
DEFENDANT: CITY OF NEWMAN~ JOSE ALCANTAR, et al. - CV-22-001715

PROOF OF SERVJCE
(After having the other parly served as described below. with any of the documents identified in item 1. have the person who served the documents complete this Proof of Service. Plaintiff cannot serve these papers.) 1 . 1 served 1he
a. CJ Statement of Damages D Other (specify):
b. on (name):
c. by serving CJ defendant D other (name and title or reJationship ro person served):
d. C:J by delii,,ery D at home c:Jat business
(1) date:
(2} time:
(3) address:
e. D by mailing
(1) date:
(2) place:

2. Manner of service (check proper boxJ:
a. CJ Personaf service. By personally delivering copies. (CCP § 415.10) b. CJ Substituted service on corporation, unincorporated association (including partnership}, or pub~ic entity. By leaving, during usual office hours. copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(a)) .
c. c:J Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode. or usual place of business or the person served in the presence of a competent member of the househOld or a person apparently in charge of the office or place of business . at least 18 years of age. who was informed of the general nature of the papers, and thereafter mailing (by ftrst-ciass mail. postage prepaid) copies to the person seNed at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts ... refied on to establish reasonable diligen_ce in first attempting personal service.) d D Mall and acknowledgment service. By mailing (by first- class mail or airmail . postage prepaid) copies to the person served. logether with two copies of the form or notice and acknowledgment and a return envelope. postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of receipt.} e. l=:J Certified or registered mall service. Sy mailing to an address outside California (by first-class mail, postage prepaid, requiring a retum receipt) copies to the person seNed. (CCP § 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.)
f. CJ Other (specify code section):

D additional page is attached.

3. At the time of service l was at least 18 years of age and not a party to this action.

4. Fee for service: $

5. Person serving: ·
a. 0 California sheriff, marshal, or constable
b. B Registered California process sefVer
c. Employee or independent contractor of a registered
California process se!'Ver
d. D Not a registered California process server
e. 0 Exempt from registration under Bus & Pref. Code
§ 22350(b)
! declare under penalty of perjury under the raws of the Stale of California that the foregoing is true and correct.

Date :
~------ (SIGNATURE:}
f. Name. address and telephone number and. if applicable . county of regislration and number:
(For California sheriff, marshal, or constable use only) 1 certify tllat the foregoing is true and correct.

Date:
~------ (SIGNATURE)
CIV--050 (Rev. January I. 2001) PROOF OF SERVICE
{Statement of Damages)
Pag• Zof 2
COO. ol Civil Procec11~ §§ 425. 11 . 4?5.115
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1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
) SS.
3 COUNTY OF ffiVINE )
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 I, Yvonne M. Bravo, declare: I am employed in the County of Contra Costa, State of California. I am over the age of 18 and not a party to the within action. My business and e-mail addresses are as follows: 2212 Dupont Dr., Irvine, CA 92612; [email protected].

On the date shown below, I served the document(s) described as CENLAR FSB'S CLAIM AGAINST CITY OF NEWMAN on all interested parties as follows:

D BY MAIL as stated on the ATTACHED SERVICE LIST as follows:

D STATE - I am "readily familiar" with Wolfe & Wyman LLP's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one ( 1) day after date of deposit for mailing in affidavit.
l&I BY ELECTRONIC SERVICE as follows: I caused such document(s) to be transmitted to the electronic mailing address of the addressee(s) listed on the attached service list by use of electronic mail. The electronic service of the document(s) complied with California Rules of Court, Rule 2.251 in that it was pursuant to court order, local rule, stipulation of the parties or the consent of the addressee. A copy of the original document bearing original signatures will be available for inspection upon request per California Rules of Court, Rule 2.257 .. All addressees have been provided with the sender's electronic service address.
l&I BY CERTIFIED MAIL as follows: I am "readily familiar" with Wolfe & Wyman LLP's practice for the collection and processing of correspondence for mailing with the United States Postal Service; such envelope will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shown above; and such envelope was placed for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the above date according to Wolfe & Wyman LLP's ordinary business practice.

D BY PERSONAL SERVICE as follows: I caused a copy of such document(s) to be delivered by hand to the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M.

D BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly maintained by the overnight courier service with delivery fees paid or provided for. l&I STA TE I declare under penalty of perjury under the laws of the State of Califor:nia that the above is true and correct. ·
Executed on February 28, 2024, Irvine, California.

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4690420.l

SERVICE LIST
Stanislaus County Superior Court, Case# CV-22-001715
Eugenia Bentayeb v. City Of Newman, et al.

WW File #1758-137
[Revised: 11/16/2023]
Susan Y. Kang Gordon, Esq.

LAW OFFICE OF SUSAN KANG GORDON
21C Orinda Way #162
Orinda, CA 94563
Jeffrey A. Baruh. Esq.

BARUHLAWPC
2501 Park Blvd., 2nd Floor
Palo Alto, CA 94306
Gregory L. Myers, Esq.

DeMARIA LAW FIRM
1684 W Shaw Avenue, Suite 101
Fresno, CA 93711-3517

CITY OF NEWMAN
ATTN: City Clerk
P.O. Box 787
Newman. CA 95360 [Certified Mail Ret Receipt]
Attorneys for Plaintiff

EUGENIA BENTAYEB
Tel: (510) 400-6146
Fax: (510) 400-6148
Email: [email protected]
kevin<@skg-law.com
Co-Counsel for Plaintiff

EUGENIA BENTAYEB
Tel.: (650) 313-2172
Fax:

Email: [email protected]
Attorneys for Defendant

CITY OF NEWMAN
Tel.: (559) 206-2410
Fax: (559) 570-0126
Email: [email protected]
® ll'rtll\J 03/=:J/J_t:/30 ---------------------------------------------- CERTIFIED MAIL®
11111111111111111111111111111
9414 8112 0620 4953 2262 03

CITY OF NEWMAN
ATTN: City Clerk
Po Box 787
Newman CA 95360-0787
-- - ---,,
US POSTAGE Ss.s30 1-= ~ g
FIRST-CLASS - g FROM 92612 M ~
02/28/2024 I g sta..,..,s t
endicia 1
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1ST NOTIC~ ~ ~
2ND NOTlCE ----

RETURN-----
RESOLUTION NO. 2024-

A RESOLUTION REJECTING THE CLAIM OF CENLAR FSB
WHEREAS, a claim for damages in an amount within the Superior Court jurisdiction was filed against the City of Newman by Cenlar FSB, on March 4, 2024 for alleged damages.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman that it hereby rejects the said claim for alleged damages in an amount within the Superior Court jurisdiction against the City of Newman for alleged damages.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of March, 2024, 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 ofNewman,
County of Stanislaus, State of California
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.e.

City Council Meeting
of March 12, 2024

AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH HANSFORD ECONOMIC

CONSULTING TO CONDUCT A WATER RATE STUDY
RECOMMENDATION:

Adopt Resolution No. 2024- , authorizing the City Manager to sign an agreement with Hansford Economic Consulting to conduct a water rate study.

BACKGROUND:

The City of Newman bills its residents, businesses and industrial customers for water service each month. In general, a city's water fund should have sufficient revenues to support the operation and maintenance of their water system, support maintenance of their facilities and provide a reserve fund with sufficient emergency monies to avoid placing a financial burden on a city's General Fund. Previously, the City ofNewman contracted with Hansford Economic Consulting (HEC). In 201 7, HEC conducted our most recent Water Rate Study and in 2017 they conducted our current Wastewater Rate Study. These studies analyze future operational costs as well as our Capital Improvement Programs and project the rate that would needed to support those activities. The projections look forward 10 years; however, rates may only be adopted for a five-year period.

ANALYSIS:

Proposition 218 provides the method whereby water rates may be changed. The city must begin the process by conducting a rate study. This study looks at operational costs, capital improvement projects and future growth over the next 10 years. It attempts to predict what costs our Water Operations Fund will incur. The study then calculates the necessary rates to support those costs. In the near future, the City has a major well, tank, and booster pump project. Reviewing the rates to determine the impact of this project on our fund is very necessary.

Hansford Economic Consulting has conducted both a water and wastewater rate study in the past for us and know our City's operations. Their rates are reasonable and their studies have performed well.

FISCAL IMPACT:

The cost to perform the water rate study is $34,840 which will be paid for by our water fund over this fiscal year and the next. We anticipate having the study completed by October 2024.

CONCLUSION:

Hansford Economic Consulting has studied both our water and sewer funds in the past. They know our operations.

A water rate study is necessary to know if our current rates will be able to support our future water operations and maintenance and provide a healthy reserve balance in case of emergencies.

Staff recommends that Council adopt Resolution 2024- authorizing the City Manager to sign an agreement with Hansford Economic Consulting.

ATTACHMENTS:

1. Resolution No. 2024- , a resolution authorizing the City Manager to sign an agreement with Hansford Economic Consulting to conduct a water rate study.

2. Hansford Economic Consulting proposal for conducting a water rate study.

Respectfully submitted,
Finance
~ Director REVIEWED/CONCUR
Michael Holland
City Manager
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN AUTHORIZING

THE CITY MANAGER TO SIGN AN AGREEMENT WITH HANSFORD ECONOMIC

CONSUL TING TO CONDUCT AW ATER RA TE STUDY
WHEREAS, the City Council recognizes the importance and necessity of having an operating and well maintained water system for our residents, businesses and industrial customers; and WHEREAS, the City Council recognizes the need to charge water rates which are sufficient enough to operate, maintain and provide for growth of the City's water system without having to put financial demands on the City's General Fund; and
WHEREAS, under California's Proposition 218, a rate study is needed to review current rates and recommend changes if any; and
WHEREAS, Hansford Economic Consulting performed our previous Water Rate Study which performed well; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofNewman hereby authorizes the City Manager to sign an agreement with Hansford Economic Consulting to conduct a Water Rate Study for an amount not to exceed $34,840.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of March, 2024 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 ofNewman,
County of Stanislaus, State of California

HANSFORD

ECONOMIC CONSULTING
February 20, 2024
Mr. Lewis Humphries, Finance Manager
938 Fresno Street
P.O. Box 787
Newman, CA 95360
Subject: Water Rate Study Update
Dear Lewis:

PO Box 10384 Phone: 530-412-3676
Truckee, CA 96162 Email: [email protected]
Hansford Economic Consulting (HEC) is pleased to provide this proposal to update the City of Newman's (City) water rates. The Water Rate Study· Update will serve as an essential cornerstone in planning for the City's water utility operations, supporting continuation and expansion of excellent services to its customers.

Hansford Economic Consulting (HEC) brings more than 20 years of experience in municipal finance and economic consulting with specialization in the water industry. As demonstrated in our proposal, HEC has a successful history of providing the financial analysis and explaining water fund needs to decision makers, leading to implementation of rate increases. With a proven track record of exceptional projects and references, HEC offers the necessary skill set for successful, straightforward execution of the Study.

HEC appreciates the challenge of balancing equity, feasibility, and customer acceptance goals when approaching utility rate changes. HEC will strive to help the City operate the water utility system to meet all regulatory requirements with affordable, reasonable rates that help sustain a vibrant economy.

SCOPE OF SERVICES
H EC's understanding of the project and scope of services is provided in Attachment A to this letter. In summary, HEC will provide:
• A 5-year financial plan to ensure operations cost recovery through rates, and provide for timely completion of capital improvements,
• A recommended 5-year schedule of water rates that meet California's legal requirements, including a modified rate structure if warranted, based on research and analysis conducted during the Study and input from the City,
• A detailed report providing the assumptions, methodologies, and findings of the Study, • Professional presentation of the Study to City Council, and • Support through the Proposition 218 process.

ESTIMATED BUDGET AND SCHEDULE

February 20, 2024
HEC estimates a budget of $34,840 will cover the costs of the Water Rate Study provided it is completed within one-year of commencement. HEC charges for its services on a direct-cost (hourly billing rates pius 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, HEC will request authorization for additional budget with the understanding that terms will be negotiated in good faith. Greater detail on the estimated budget and cost assumptions is provided in Attachment B.

To ensure new rates are effective January 1, 2025, HEC would need to begin work in April 2024.

A typical timeframe from commencement to City Council adoption of rates is about eight months; however, timing is dependent on City Council actions as well as other factors that may influence the schedule.

Thank you for the opportunity to prepare this proposal for the City of Newman. HEC's qualifications to perform the water rate study are provided in Attachment C.

Sincerely,
Catherine R. Hansford

HANSFORD ECONOMIC CONSULTING
Prepared by HEC

ATTACHMENT A
Proposed Scope of Services for
City of Newman Updated Water Rate Study
Task 1: Water Fund Financial Review
HEC will provide a written data request with information necessary to conduct the Study. Using the City-provided data, HEC will thoroughly review the City's water enterprise fund including revenue and cost information for all operations, maintenance, administration, general expenses, short and long term liabilities, as well as capital and reserve expenditures. The water fund financial review will establish the historical and current financial health of the water enterprise fund, generally describing components of annual revenue, and characterization of expenses. The current rate structure will be reviewed for conformance with Proposition 218 and fit with the customer base.

Task 2: Cost Classification and Customer Profiling
HEC will discuss with City staff the appropriate cost allocations between customer, capacity, and consumption. HEC will use historical demand and billing data to provide customer usage profiles by customer type, and will examine detailed water fund expenditures by month to characterize water operations. This task is essential for understanding water operations, costs, and use in detail to recommend a well-designed and legally defensible rate structure.

Financial goals and policy objectives will be discussed with staff in this task as they shape key inputs to the water rate model and recommendations of the study.

Task 3: CIP Financing Strategy
HEC will summarize the City's capital improvement program {CIP) for the water system and will present a financing strategy, including long-term debt financing if needed, to ensure capital improvements are completed in a timely fashion, while minimizing the impact to rates. HEC will allocate CIP costs between existing and future customers based on City information. The Excel model will be able to evaluate the impact of several funding options (such as low interest loans, bond sales and so forth) for capital improvements.

Task 4: Cost of Service and Rates Analysis
The cost of service and rates analysis is based on the projection of revenue requirement. Revenue requirement is the revenue necessary to fully cover all operating and non-operating expenditures net of revenues. Methodologies to project expenses will be discussed with staff. Non-operating cost considerations, such as an operating reserve, rate stabilization fund, or additional funds to meet debt service coverage requirements will be incorporated. Non-operating revenues, such as interest revenue, will be included as credits in the analysis so that the revenue requirement is not overestimated. A projection of revenue deficiency will be conducted by comparing the existing level of revenues with projected annual expenditures.

Prepared by HEC Page A-1 February 20, 2024
The revenue requirement is allocated to user groups based on cost classification (customer or capacity costs, which are recouped with flat monthly charges, and consumption costs which are recouped with usage charges) and customer usage characteristics (water demand patterns for average and peak monthly usage). The customer usage factors are determined based on the customer profiling exercise in Task 2. HEC incorporates the effect of price-elasticity into the future water demand projection. In addition, potential effects of water conservation programs will be factored into the analysis.

Potential alternative rate structures will be evaluated carefully, with consideration to any developed policy objectives in terms of operations, and affordability. A projected cash flow for the water fund will be presented to ensure sufficiency of funding through the Study period, demonstrating adequate debt service coverage and reserve levels are met. New and/or alternative rate structures will be recommended if appropriate to meet Proposition 218 requirements.

Task 5: Rates Comparison
HEC will prepare a user rate comparison for the City that will measure the current and proposed rates for the City with those charged by other comparable California cities. This analysis is often regarded as a useful tool when assessing the value of water service and presenting changes in rates to customers and City Council.

Task 6: Draft Report and Public Workshop(s)
The work conducted in tasks 1 through 5 will be presented in a draft report. After staff review HEC will present the methodologies used, findings of the analysis, and recommendations from the Study at a public workshop(s). The workshop(s) will inform and educate as to the need for the Study, history of the City's water rates and charges, legal requirements for rate-setting, and results of any different rate structure alternatives explored. Two public meetings are included in this task.

Task 7: Final Report and Council Meeting
Changes resulting from the public workshop(s) will be incorporated into a final report. HEC will present the final report to the City Council. The City Council may then set a date for the public hearing and direct staff to mail out public hearing notices. Under this task H EC will assist staff with drafting the public hearing notice and any other public outreach communications.

Task 8: Public Hearing and Implementation
HEC will be present at the public hearing, give a presentation if desired by City staff, and answer any questions. HEC will assist with, or review, staff reports for City Council agendas.

Prepared by HEC Page A-2 February 20, 2024

ATTACHMENT B
Estimated Budget for
City of Newman Water Rate Study
HEC has estimated a budget of $34,840 to complete the services identified in Attachment A provided they are complete within one year of service commencement. If the work continues beyond a one-year period, some costs may increase due to the need to update financial information and/or other factors that are causing the delay in the work program. Successful completion of the Study is the result of collaboration between consultant and staff.

HEC staff includes Catherine Hansford (Principal), Schaelene Rollins (outreach), and clerical assistance. The cost estimate is based on HEC's 2024 hourly rates of $205 per hour for Catherine Hansford, $145 for Schaelene Rollins, and $95 per hour for clerical and design work. Travel time is billed at $120 per hour. Direct expenses may be incurred for items such as vehicle mileage reimbursement, meals, printing, postage, and other miscellaneous charges. The budget allows for up to 4 trips to Newman for public meetings.

An estimate of cost by task is shown below in Table 1.

Table 1
Staff Total
Task/Item Description Principal Outreach Clerical Travel Estimated Hourly Billing Rates $205 $145 $95 $120 Cost
Cost estimate includes up to 4 meetings in Newman
1 Water Fund Financial Review 6 $1,230
2 Cost Classification & Customer Profiling 8 $1,640
3 CIP Financing Strategy 5 $1,030
4 Cost of Service & Rates Analysis 26 $5,330
5 Rates Comparison 4 2 $1,010
6 Draft Report & Public Workshop(s} 24 6 10 13 $8,300
7 Final Report & Council Meeting 16 4 10 7 $5,590
8 Public Hearing & Implementation 20 26 8 7 $9,410
Subtotal Staff Costs 109 36 30 26 $33,540
Direct Costs $1,300
Total Staff & Direct Costs [1] $34,840
[1] HEC reserves the right to move budget between tasks as necessary to complete the scope of work up to the authorized budget amount.

Prepared by HEC Page B-1 February 20, 2024
HEC charges for services on a cost not-to-exceed basis; therefore, you will only be billed for the work completed up to the authorized budget amount. Invoices are issued monthly and are due on receipt. Direct expenses are charged with no markup and are included in monthly invoices.

Although the cost estimate is shown by task, HEC reserves the right to move budget between tasks, should one task be completed under the estimated amount, and another task be completed over the estimated amount. If additional work is requested that is beyond the original scope of services, or if work efforts are greater than anticipated in development of the budget, HEC will request authorization for additional budget.

The budget assumes the City will pay for Proposition 218 notices printing and mailing; these costs are not included in HEC's estimated budget.

Prepared by HEC Page B-2 February 20, 2024

ATTACHMENT C
HEC Qualifications
Hansford Economic Consulting LLC (HEC), self-member LLC, provides planning, economic, and financial services for public and private clients in the Western United States. The company is owned and managed by Catherine Hansford, an applied economist with more than 25 years of experience.

Catherine can be reached at PO Box 10384, Truckee CA 96162, phone: {530) 412-3676, or email:
[email protected].

HEC clients include regional agencies, counties and cities, special districts, non-profits, private entities, and homeowner associations. HEC's services include:
• Water Utilities Resource and Financial Plans
• Infrastructure Networks Analysis
• Agency Governance, Mergers & Organization
• Economic Development & Business Impact Analysis
• Public Facilities and Services Financing Plans
• Fee Nexus Studies
• Fiscal Impact Studies
Our high-quality work products span a breadth of land and water resource related topics that touch our human communities and environments. HEC endorses progressive and adaptive planning, understanding that plans are useful only if they are comprehensive, relevant to the specific local conditions, and lead to implementation. We have helped agencies set rates during California's historic drought and have on-the-ground experience with running water conservation programs and groundwater sustainability programs.

HEC synthesizes ideas with data to produce deliverables that exceed client expectations. Our approach is especially desirable when working on sensitive community issues with a divergent customer base and/or the interests of multiple stakeholders.

HEC appreciates the challenge of balancing equity, feasibility, and public acceptance goals when approaching fee studies. HEC works with clients to find the best solutions for their own unique circumstances by listening to and collaborating with them; this is what sets HEC apart from our competition.

HEC is committed to a positive experience with an outcome that provides concrete steps forward; we strive to offer solutions that are legally grounded and follow best practices. Our financial models have withstood the scrutiny of California's municipal finance laws.

Prepared by HEC Page C-1 February 20, 2024

HANSFORD

ECONOMIC CONSULTING
Catherine Hansford
Principal
Utility Rate Studies• Municipal Finance • Water Resources Planning• Economic Analysis Catherine is a practitioner of financial, economic, and resource sciences. As a prnfessional for more than 20 years, Catherine has built a reputation for creative problem solving, excellent speaking skills and written products. Catherine combines her powerful analytical skills with the invaluable ability to take complex topics, distill them into key components, and deliver relevant information in a clear and concise manner. She is particularly sensitive to the public process required to address most municipal finance issues; her presentations are crafted so that public finance decisions are understood, even if constituents do not favor them.

Experience
"Catherine is a rare
combination of 1 powerful analytical
skills with an
extraordinary ability to 1
assess the big picture."
Lori Williams, Liberty
Utilities Energy
Efficiency Manager
Catherine has worked in both the public and private sectors over the course of her career. In the public sector, Catherine worked as a senior planner for the Truckee Meadows Water Authority (TMWA), performing management analyst functions such as cost-benefit analysis, managing interlocal agreements, performing rate and fee studies, and working with stakeholders. Catherine served as liaison/chair between TMWA and various customer groups. These included a Rate Making Review Committee and Landscape Subcommittee. Catherine served as the Chair of the Advisory Committee on Conservation for the Washoe County Regional Water Planning Commission from 2003 through 2005.

In the private sector, Catherine worked for Economic and Planning Systems (Sacramento office) helping clients with municipal bond sales, financing plans, special district formation, user fee studies, fiscal studies, and nexus fee studies. At ECO:LOGIC Engineering (now Stantec), Catherine specialized in water utilities public financing. Since 2005, Catherine has been the owner and principal of HEC, engaging in municipal planning and finance issues, primarily in the water industry.

Education
Master of Science, Agricultural Economics, University of Nevada, Reno Bachelor of Science, Rural and Environmental Economics, University of Newcastle-upon-Tyne, UK Career
Hansford Economic Consulting
ECO: LOGIC Engineering
Truckee Meadows Water Authority
Economic and Planning Systems
Prepared by HEC
Principal
Senior Economist
Senior Water Planner
Senior Associate
Page C-2
Truckee, CA
Rocklin, CA
Reno, NV
Sacramento, CA
February 20, 2024
Presentations and Publications
The Dichotomy of Grant Funding for Groundwater Activities: Leverage and Reliance, 2023 California Groundwater Resources Association 101 Week
Funding Groundwater Management Programs, How Fees were established for Two New Agencies tasked with Groundwater Sustainability, 2021 Nevada Water Resources Association Conference Water Rights for Sale: Know what you're Selling or Buying, 2020 Schroeder Law Offices Webinars Utility Financial Planning: Facility Funding Options and Different Types of Fees, 3-Hour Videoconference class for the Nevada Rural Water Association, 2019 Stormwater Rate Calculation, 2018 Tri-State Seminar, Las Vegas Western US Water Issues, 2018 Women In Economics, University of Nevada Reno Funding for Flood Facilities, 2017 Nevada Water Resources Association Fall Event Financial Management: Understand your Cost Structure, Customer Cost-Share Responsibilities and Funding Options, 3-Hour Videoconference class, Nevada Rural Water Association (multiple times) Successful Strategic Planning Starts with Understanding Your Financial Position and Engaging a Wide Range of Stakeholders, 2014 Nevada Rural Water Association Conference The Cost of Rectifying Over-Appropriation of Groundwater in Diamond Valley, 2014 Nevada Water Resources Association Conference
Rate Setting Fundamentals: Math or Art? 2013 Nevada Rural Water Association Conference A Misunderstood Relationship: Economic Vitality and Environmental Improvement in the Tahoe Basin, 2012 Tahoe Science Conference
What is a Reasonable Water Rate? 2011 Nevada Water Resources Association Conference Projecting Population and Employment: A Platform for Projecting Water Purveyor Demands in an Urban Area, 2003 Nevada Water Resources Association Conference Water Conservation Recommendations from a Consumer Outreach Group, 2002 AWWA Cal-Nev Section Conference
"Setting and Assessing the Impact of Water-Related Development Fees", The Water Spot, First joint issue of the Nevada Water Environment Association and Nevada Water Resources Association, Winter 2017.

Prepared by HEC Page C-3 February 20, 2024
HEC Projects I Clients Listing
Water Utilities Resource and Financial Plans
HEC has a long history of providing utilities resource and financial plans, including water and wastewater demand analysis projections; income surveys; water, wastewater, recycled water, and solid waste utility rate and fee studies that meet legal requirements; and assistance with state and federal low-interest loan and grant program applications. HEC has provided rate setting advisory services to more than 40 public agencies .
./ Truckee Meadows Water Authority - Water Resource Plan, Water Conservation Plan, ET Controller Pilot Study, Residential Water Demand Study, Retail and Wholesale Rates Study ./ City of Fernley- Water and Sewer Rate Studies
./ Minden-Gardnerville Sanitation District - Rates, Capacity Charges and Administrative Fees Study ./ Alpine County- Effluent Management and Pricing Study ./ Georgetown Divide Public Utilities District - Wastewater Rates, Connection Fees, and Administrative Fees Study
./ Amador Water Agency- Financial Chapter of the Wastewater Master Plan and Capacity Fees Study
./ Eureka County- Water and Sewer Rates and Consolidation Feasibility Study ./ City of Live Oak - Water and Sewer Rate Studies
./ City of Ashland - Water, Wastewater, Storm Water and Transportation Rate and Fee Studies ./ City of Co/fax-Wastewater Rate Study
./ City of Phoenix - Water, Transportation and Parks Rate and Fee Studies ./ City of Talent - Water, Transportation and Parks Rate and Fee Studies ./ City of Waterford - Water Rate Study
./ City of Livingston - Water, Wastewater and Solid Waste Rate Studies ./ City of Escalon - Water and Wastewater Rate and Capacity Fee Studies ./ City of Turlock - Water Rate and Recycled Water Pricing Studies ./ City of Riverbank - Wastewater Rates and Recycled Water Pricing Studies ./ City of Colusa - Wastewater Revenue Program
./ City of Newman - Water and Sewer Rate Studies
./ Linden County Water District - Water and Wastewater Rate Study ./ Lockeford Community Services District - Water Rate Study ./ Calaveras Public Utility District - Connection and Capacity Fees Study ./ Sierraville Public Utility District- Water Rate Study ./ Sierra County Waterworks District #1 - Water Rate Study ./ Wingfield Springs HOA - Recycled Water Feasibility Study ./ Salinas Valley Basin Groundwater Sustainability Agency- Sustainability Fee Study and Implementation
./ Merced Irrigation Urban Groundwater Sustainability Agency- Sustainability Fee Study and Implementation
./ Ukiah Valley Basin Groundwater Sustainability Agency- Sustainability Fee Study and Implementation
./ Bishop Paiute Tribe - Water and Wastewater Rates Study Prepared by HEC Page C-4 February 20, 2024
./ Midway Heights County Water District - Potable and Raw Water Rates Study ./ Heather Glen Community Services District- Water Rate and Consolidation Feasibility Studies ./ American Valley Community Services District- Water and Wastewater Rates, Connection Fees, and Administrative Fees Study
./ Grizzly Flats Community Services District - Water Rate Study ./ Gold Mountain Community Services District - Water and Wastewater Rates, Connection Fees, and Administrative Fees Study
./ Washoe County- Spanish Springs Wastewater Connection Fee Analysis ./ Woodbridge Sanitary District - Wastewater Rate Studies ./ Murphy~s Sanitary District- Wastewater Rate Study
./ South Placer Municipal Utility District - Wastewater Rates and Capacity Fees Study ./ Donner Summit Public Utility District - Wastewater Treatment Plant Upgrade and Expansion Financing Plan and Cost of Service Study, Water Rate Study, and Wastewater Capacity Fees Study
Additional Services Offered by HEC
HEC also offers the following services as described below.

Fee Nexus Studies
HEC conducts studies which show the linkage between a new development and the need for affordable housing, transit, public facilities, or other community resources. The study demonstrates the legal nexus that justifies the fees in support of the resource. Examples of projects include:
./ City of Williams - AB1600 Nexus Study and City User Fees Update ./ City of Sacramento - Development Impact Fees Review, Best Practices ./ Yuba County- East Linda Specific Plan Nexus Study (roads and parks fees) ./ City of West Sacramento - Affordable Housing In-Lieu Fee Analysis ./ Placer County- East and West County Affordable Housing Fee Nexus Studies Fiscal Impact Studies
HEC provides projections of the local governmental costs and revenues generated by a new development or change in policy. Changes in tax revenues, demand for services, and infrastructure costs determine whether the estimated costs incurred are balanced with an increase in revenues.

Examples of projects include:
./ Fresno County- Friant Ranch Active Adult Community Fiscal Impact Study ./ City of Woodland and Yolo County - Commercial Development Fiscal Impact Analyses ./ City of Live Oak - Review of Master Tax Sharing Agreement ./ City of Lincoln - Fiscal Impact Analysis of General Plan Update EIR Alternatives ./ Northstar Community Services District-Annexation Tax Sharing Agreement Analysis ./ City of Live Oak- General Plan New Development Areas Financial Feasibility Prepared by HEC Page C-5 February 20, 2024
Infrastructure Networks Analysis
HEC provides comprehensive infrastructure networks analysis, including demand analysis, identification of areas with excess/constrained capacity, potential problems that arise from capacity issues, and examination of potential scenarios. Examples of projects include:
./ Truckee Meadows Regional Planning Agency - Capacity Constraints in Regional Infrastructure Networks Report
./ City of Sacramento - Benefit Cost Analysis for TIGER funding of the Sacramento Valley Station Improvements
./ City of Fernley - Safe Routes to Schools Report
./ City of Lincoln - Asset Valuation and Replacement Analysis Economic Development and Business Impact Analysis
HEC assists communities with development, redevelopment and revitalization issues. Thorough analysis of historical background and present conditions, with identification of potential opportunities driven by solid economic analysis and the input of local residents and businesses, heips community leaders take steps forward. Examples of projects include:
./ Town of Truckee - Hilltop Development Commercial Use Economic Analysis ./ Mono County - June Lake Economic Development and Job Creation Study ./ Placer County- North Tahoe Redevelopment Area Market Study ./ San Joaquin County- Jobs Housing and Economic Competitiveness Study ./ Sierra Nevada Memorial Hospital - Economic Impact of the Hospital to Nevada County Agency Governance, Mergers, and Organization
HEC has partnered with agencies to analyze organizational changes and strategies to better help the organization meet its goals and objectives. Structural, financial, functional, and strategic analyses are used, singularly or in combination, to provide key information to an organization's decision makers and stakeholders. Examples of projects include:
./ Truckee Donner Recreation and Parks District- Strategic Plan ./ Truckee Meadows Regional Planning Agency - Regional Governance Models Report ./ Somersett Owners Association - Organizational Assessment Report ./ Spring Creek Homeowners Association - Governance Alternatives Feasibility Analysis ./ ArrowCreek Homeowners Association - Strategic Planning Services Prepared by HEC Page C-6 February 20, 2024
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 March 12, 2024

2. Adopt Resolution No. 2024- , 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, March 11, 2024. 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. 2024-, Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.

ATTACHMENTS:

1. Resolution No. 2024- , A Resolution Declaring The Existence Of A Public Nuisance

2. Photographs of Property( ies)

3. Letter(s)/Notice(s) sent to Property Owner(s)
Respectfully submitted,
REVIEWED/CONCUR:

Recreation Director/ Community Liaison
Michael
-~CJ Holland
City Manager
RESOLUTION NO. 2024-

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 March 12, 2024, 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 ofNewman 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 12th day of March 2024, 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 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

1. 1152 Q Street
City of Newman
Abatement List
Broken or discarded furniture, household equipment, rubbish in front of residence and behind of residence for more than 10 days and visible from the street, and having a tendency to depreciate the aesthetic and property values of surrounding properties.

Victoria Davis
1152 Q Street.

Newman, CA 95360
Ralph M. Arredendo Living Trust

NOTICE TO ABATE PRIVATE/PUBLIC 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, the maintenance of any structure in a state of deterioration or disrepair visible form the public right of way or from sites of neighboring properties where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties. Any other condition on or use of property which constitutes a public nuisance as defined by state law or which may be declared such by other laws of the City (APN No. 128-006-056-000,). There is substantial diminution in the enjoyment, use, or property value of such adjacent properties, which must be abated by the 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, 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 March 12, 2024, at 7:00 R:!!b 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 ActA recordation fee of $20 will be imposed by the City of Newman in correlation with the abatement fees when processed.

Dated: February 9, 2024
Roy T. Zahn
Community Service Officer
City of Newman
Victoria Davis
1152 Q Street.

Newman, CA 95360
Ralph M. Arredendo Living Trust

FINAL NOTICE

NOTICE TO ABATE PRIVATE/PUBLIC 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, the maintenance of any structure in a state of deterioration or disrepair visible form the public right of way or from sites of neighboring properties where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties. Any other condition on or use of property which constitutes a public nuisance as defined by state law or which may be declared such by other laws of the City (APN No. 128-006-056-000,). There is substantial diminution in the enjoyment, use, or property value of such adjacent properties, which must be abated by the 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, 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 March 12, 2024, at 7:00 ~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 ActA recordation fee of $20 will be imposed by the City of Newman in correlation with the abatement fees when processed.

Dated: February 22, 2024
Roy T. Zahn
Community Service Officer
City of Newman
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.a.

City Council Meeting
of March 12, 2024

REPORT ON DOWNTOWN MARKET EVENTS AT THE DOWNTOWN PLAZA
RECOMMENDATION:

Staff recommends the City Council approve the Downtown Market event scheduled at the Downtown Plaza every Friday in the month of June, September and October.

BACKGROUND:

The City of Newman Recreation Department and Newman Chamber of Commerce has requested exclusive use of the Downtown Plaza, every Friday in June, September and October in 2024 from 4:00 P.M. to 9:00P.M. to host the Downtown Market event. There will be a D.J. playing music for the duration of the event and NO alcohol will be served or sold. The event date has no apparent conflicts with other potential community events. Event organizers have secured signatures from over 75% of the affected businesses, as required.

ANALYSIS:

As of the date and time of the preparation of this staff report, the event organizer is the beginning stages of planning this event. Any subsequent changes will be reported out by staff during the presentation of this report.

The event organizer has made the following requests:
•!• Exclusive use of the Downtown Plaza.
•!• Waive Standards for Downtown Events in the areas of:
• Clean-up deposit. Downtown standards require a $1,000.00 deposit refundable upon satisfactory cleaning of the affected area. The event organizer assures staff that they will thoroughly clean up. • Insurance reduction to $1,000,000.00. Current standards indicated a figure of $3,000,000.00 naming the City as an additional insured party.
• Traffic/crowd control device costs. City-owned barricades could be utilized. • Restroom and electrical use fees. Current standards indicate a $25.00 fee for each.

All other Standards for Downtown events will apply.

Staff has prepared a configuration for the event which has the West and East side plaza closed to vehicular traffic.

The plaza parking lot will not be open for public parking.

FISCAL IMPACT:

There will be no direct fiscal impact as a result of this event.

CONCLUSION:

This staff report is submitted for City Council consideration and action. Staff recommends the City Council approve the event as presented.

ATTACHMENTS:
1) Map Showing Configurations Of The Event
2) Standards For Downtown Events
Respectfully submitted,
~ 1f/1 .• J,._J_ Alicia Mendoza LL~ Recreation Director/Community Liaison REVIEWED/CONCUR:

Michael Holland
City Manager
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Attachment 1

STANDARDS FOR DOWNTOWN EVENTS

1. DAYS:

One Day Event: Saturday or Sunday preferred.

Two Day Events: Saturday & Sunday or Sunday & Monday may be allowed on holiday weekends.

2. HOURS:

Events should be scheduled during daylight hours. Events may not begin prior to 7:00 a.m. or end later than 9:00 p.m. unless approved by the Chief of Police.

3. STREET USAGE:

First t~me event:

Anticipated crowd size:

4. INSURANCE:

One block
500 or less - one block
500 to 1000 - two blocks
1000 or more - three blocks
Three Million dollar policy naming the City as an additional insured. This must be received by the City three weeks prior to the event.

5. SECURITY:

Total cost of security for the event will be the responsibility of the event organizer. One half of the anticipated cost of police services will be deposited with the City Finance Department two weeks prior to the event.

General event: 1 officer per 200 attendees or as deemed necessary by the Chief of Police.

Alcohol/Bands/Dances - 2 officers per 300 attendees or more if required by the Chief of Police.

6. MUSIC:

No amplified sound systems before 10 A.M. or after 8 P .M. unless approved by the Chief of Police.

7. ELECTRICAL:

If electrical power use is requested, an electrical use fee of $25.00 will be collected prior to the event date. A diagram of the outlet locations to be used and a plan, consisting of what type of equipment will be used at each outlet location, will be submitted for approval prior to the event date. No more than 20 amps per circuit will be allowed.

Extension cords shall be a minimum of 14-3 gauge wire and properly sized for intended Revised September 25. 2012
Attachment 1
use. The cords shall be protected from abrasions caused by foot traffic and shall be placed so as not to cause a tripping hazard.

8. EVENT PLAN:

The applicant is to complete a street closure plan for barricading the downtown streets and provide a site plan for the location of any portable stages, alcohol sales, and other semi-permanent structures. This must be submitted to the Chief of Police or his/her designee 60 days prior to the date of the event. Downtown plaza usage will also require a site plan.

9. CLEAN UP:

The event organizer will be responsible for cleaning the streets, sidewalks and other public areas used by the event. A $1,000.00 deposit will be required. The deposit will be refunded if all city property is cleaned to the satisfaction of the Director of Public Works or his/her designee.

10. APPROVAL OF AFFECTED BUSINESSES:

First Time Events: Provide written approval of at least 75 percent of any business affected by the proposed street closure in the blocks involved. · Yearly Events: Provide a flyer making the downtown business community aware of the type of event, date, time and streets to be used.

Notification must be completed at least 45 days prior to the City Council meeting and must be approved by the Chief of Police or his/her designee.

11. BUSINESS LICENSES:

All local and out of town vendors/businesses conducting sales of goods or services shall have a business license with the City of Newman prior to participating in the event.

12. HEALTH PERMITS:

Food vendors shall obtain a Stanislaus County Health Permit prior to the sale of any food items.

13. CANOPIES OR OTHER TEMPORARY STRUCTURES:

All temporary structures including but not limited to stages, platforms and booth structures must be inspected by the City's Building Department on the day of the event.

Any direct cost to the City for this service will be the responsibility of the fundraiser/organizer. Any use of canopies must be inspected and approved by a designee of the City on the day of the event. No canopies or temporary structures are to be tethered or anchored, to any tree, structure, or fixture.

14. BLEACHERS:

Revised September 25, 2012
Attachment 1
All bleachers must be inspected by the City's Building Department the day of the event.

Any direct cost to the City for this service with be the responsibility of the fundraiser/ organizer.

15. ADVERTISING:

The event organizer shall not advertise or promote the event until the event has been approved by the City Council

16. ALCOHOL:

The sale or providing of alcohol shall be done under the following conditions:

A. That it is the fundraiser/organizers responsibility to make sure vendors obtain an on sale one-day permit from the California Alcohol Beverage Control Board (commonly known as ABC). This must be done and received by the City two weeks prior to the event.

B. That alcohol is served in paper or plastic cups (no glass cups or bottles).

C. That no alcohol sold inside any establishment can be consumed in the street closure area or plaza.

D. That the City Council approves the use of the street closure, or plaza, for a beer garden and that they waive the city ordinance prohibiting consumption of alcohol on public streets.

17. TRAFFIC/CROWD CONTROL DEVICES:

The fundraiser/organizer will be responsible for the direct cost of barricades, no parking signs, and any other required devices.

18. STATEMENT OF FUNDS
The fundraiser/organizer will provide documentation and/or a list of who has or will financially benefit from the fundraiser for the current event and any previous events. It will also state how much was raised and the amount or percentage that will or has been donated to what community organization(s).

19. TRASH RECEPTICALS
The event coordinator shall provide trash receptacles for the event in an amount not less than one per fifty attendees.

20. PLAZA USAGE
The standards for downtown events will apply to the downtown plaza where applicable.

Additional plaza-specific standards include:

A. The East parking lot will remain open for event parking.

B. Any requests to close the West parking lot will be submitted in the event plan.

Revised September 25, 2012
Attachment 1
C. Any request to open the plaza restrooms for use will be submitted in the event plan and will be subject to a use fee of $25.00 collected prior to the event date.

D. No use of any kind in the planters and other vegetation areas of the plaza.

E. No anchoring to any trees, vegetation, or other stationary plaza structures.

F. Use of the stage shall be requested in the event plan.

21. ADMINISTRATIVE OPTION FOR "PLAZA ONLY" USE
For smaller events that are contained within the plaza, an administrative option can be utilized with the following conditions:

A. The event is being hosted by a non-profit group for public benefit.

B. The event is contained within the pedestrian areas of the plaza.

C. All parking lots remain open and accessible for vehicle parking.

D. The event is no longer than three hours in duration.

The administrative option for plaza use will require approval from the City Manager, Chief of Police, and Fire Chief. This option is designed to streamline the process for smaller events that meet the above criteria. All other event standards will still apply, but waivers may be decided by the administrative group.

Revised September 25. 2012