AGENDA
NEWMAN CITY COUNCIL
SPECIAL MEETING JULY 9, 2024
CITY HALL CONFERENCE ROOM, 6:30 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. Roll Call.
3. Items From The Public.
4. Adjourn To Closed Session
a. Conference With Legal Counsel – Anticipated Litigation Significant Exposure To Litigation - Pursuant To Gov. Code, § 54956.9(d): (1 Case)
b. Return To Open Session.
5. Adjournment.
AGENDA
NEWMAN CITY COUNCIL
REGULAR MEETING JULY 9, 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 June 25, 2024 Meetings. (View Minutes) d. Adopt Resolution No. 2024- , Authorizing The City Of Newman Fire Department To Access State And Federal-Level Summary Criminal History Information For Employment And Rescinding Resolution No. 2024-24. (View Report)
9. Public Hearings.
10. Regular Business
a. Authorize The City Manager To Execute An Employment Agreement With Thomas Spankowski For The Public Works Director Position. (View Report) b. Consideration Of Filling City Council Vacancy By Appointment Or Leaving The Seat Vacant. (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
July 4 – Independence Day Holiday
July 4-5 – City Offices Closed In Observance Of Independence Day.
July 9 – City Council - 7:00 P.M.
July 15 – The First Day To Secure And File Election Nomination Papers – 8:30 A.M. To 5:00 P.M.
July 18 – Planning Commission - 7:00 P.M.
July 20 – Outdoor Movie Night – Under The Boardwalk – Sherman Park - 8:00 P.M.
July 23 – City Council - 7:00 P.M.
August 3 – Outdoor Movie Night – Migration – Sherman Park - 8:00 P.M.
August 9 – The Last Day To Secure And File Election Nomination Papers - 8:30 A.M. To 5:00 P.M.
August 13 – City Council - 7:00 P.M.
August 14 – The Last Day To Secure And File Election Nomination Papers In The Event The Current Officeholder Did Not File Nomination Papers - 8:30 A.M. To 5:00 P.M.
August 15 – Planning Commission – 7:00 P.M.
August 27 – City Council - 7:00 P.M.
AP Check Register
June 20, 2024 through July 2, 2024
1 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description American Steel Carports, Inc 63-56-7505 $ 7,365.99 124589 6/25/2024 Second Payment for Carports $ 7,365.99 124589 Total
Angulo Altagracia 10-00-2841 $ 20.00 124590 6/25/2024 Pioneer Park Rental Deposit Refund/ Angulo $ 20.00 124590 Total
Aramark 10-07-6200 $ 123.04 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 Aramark 63-56-6200 $ 81.37 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 Aramark 10-22-6200 $ 89.03 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 Aramark 60-50-6200 $ 122.06 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 Aramark 10-44-6200 $ 81.37 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 Aramark 10-21-6200 $ 186.56 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 Aramark 10-33-6200 $ 122.06 124591 6/25/2024 Uniform Cleaning/Mat Rental/Shop Towels/ May 2024 $ 805.49 124591 Total
AT&T 10-14-6420 $ 84.25 124593 6/25/2024 Landlines 5-13-24 to 6-12-24 AT&T 63-56-6420 $ 85.00 124593 6/25/2024 Landlines 5-13-24 to 6-12-24 AT&T 10-21-6420 $ 29.52 124593 6/25/2024 Landlines 5-13-24 to 6-12-24 AT&T 60-50-6200 $ 9.71 124593 6/25/2024 Alarm 5-13-24 to 6-12-24 AT&T 10-21-6420 $ 363.78 124593 6/25/2024 Circuit Line Between Fresno St to Ceres 5-13-24 to 6-12-24 AT&T 63-56-6200 $ 9.70 124593 6/25/2024 Alarm 5-13-24 to 6-12-24 AT&T 10-14-6200 $ 9.71 124593 6/25/2024 Alarm 5-13-24 to 6-12-24 AT&T 10-07-6420 $ 27.68 124593 6/25/2024 Landlines 5-13-24 to 6-12-24 $ 619.35 124593 Total
AT&T MOBILITY 69-47-6420 $ 84.57 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-45-6420 $ 31.48 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-02-6420 $ 1.22 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-07-6420 $ 23.63 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-03-6420 $ 57.57 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-33-6420 $ 84.32 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-22-6420 $ 265.39 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 22-20-6420 $ (9.13) 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-21-6420 $ 452.45 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 73-70-6420 $ (6.88) 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-44-6420 $ 80.14 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 10-06-6420 $ 45.25 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 63-56-6420 $ 399.66 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 AT&T MOBILITY 60-50-6420 $ 434.72 124592 6/25/2024 Cell Phone Use 5-03-24 to 6-02-24 $ 1,944.39 124592 Total
AVID TRAFFIC SUPPLIES 10-33-6300 $ 226.46 124594 6/25/2024 5 Gallons White Oil Base Paint $ 226.46 124594 Total
AP Check Register
June 20, 2024 through July 2, 2024
2 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Badger Meter 63-56-6350 $ 103,452.13 124595 6/25/2024 Brass Meters $ 103,452.13 124595 Total
Bauer Compressors 10-22-6200 $ 1,470.28 124643 6/26/2024 Breathing Support Unit Annual PM & Air Test $ 1,470.28 124643 Total
Canon Financial Services, Inc. 60-50-6200 $ 120.35 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 Canon Financial Services, Inc. 10-22-6200 $ 265.59 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 Canon Financial Services, Inc. 63-56-6200 $ 120.34 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 Canon Financial Services, Inc. 63-56-6200 $ 113.09 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 Canon Financial Services, Inc. 10-14-6200 $ 120.35 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 Canon Financial Services, Inc. 10-21-6200 $ 230.64 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 Canon Financial Services, Inc. 60-50-6200 $ 113.08 124596 6/25/2024 Contract C-harges May 2024/Copy Charges June 2024 $ 1,083.44 124596 Total
Civic Well 17-33-7745 $ 28,731.60 124597 6/25/2024 T St Planning Civic Well 17-33-7745 $ 14,382.75 124597 6/25/2024 T St Planning $ 43,114.35 124597 Total
COMCAST CABLE 60-50-6200 $ 69.88 124598 6/25/2024 High speed internet/sewer COMCAST CABLE 10-21-6420 $ 161.66 124598 6/25/2024 High Speed Internet 6-6-24 to 7-5-24 /PD COMCAST CABLE 10-21-6200 $ 69.88 124598 6/25/2024 High speed internet/PD COMCAST CABLE 63-56-6200 $ 69.90 124598 6/25/2024 High speed internet/water $ 371.32 124598 Total
Corgiat Donna 10-00-2841 $ 20.00 124599 6/25/2024 Pioneer Park Rental Deposit Refund/ Corgiat $ 20.00 124599 Total
CSG Consultants, Inc 10-23-6215 $ 8,427.50 124600 6/25/2024 Building Services May 2024 CSG Consultants, Inc 10-23-6215 $ 189.00 124600 6/25/2024 Building Services May 2024 CSG Consultants, Inc 10-23-6215 $ 1,404.00 124600 6/25/2024 Building Permit Issuance/ May 2024 $ 10,020.50 124600 Total
Dave's Drain Cleaning & Plumbing 10-07-6200 $ 697.28 124601 6/25/2024 Plumbing Repair at City Hall $ 697.28 124601 Total
DJ Francis Electric 10-33-6200 $ 994.80 124602 6/25/2024 Repair on Lights $ 994.80 124602 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 4,238.67 124603 6/25/2024 Pro Oxidizer $ 4,238.67 124603 Total
FERGUSON ENTERPRISES, INC 1423 63-56-6300 $ 594.43 124604 6/25/2024 Water Repair Parts $ 594.43 124604 Total
FGL ENVIRONMENTAL, INC 60-50-6200 $ 819.00 124605 6/25/2024 Inorganic Analysis , Support Analysis $ 819.00 124605 Total
Garcia Evelyn 10-00-2841 $ 20.00 124606 6/25/2024 Pioneer Park Rental Deposit Refund/ Garcia $ 20.00 124606 Total
Gouveia Engineering, Inc 24-32-7781 $ 21.34 124607 6/25/2024 Project 545.18D Main St & Stanislaus
AP Check Register
June 20, 2024 through July 2, 2024
3 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Gouveia Engineering, Inc 18-32-7768 $ 655.37 124607 6/25/2024 Project 545.07C STPL-5172 (026) Inyo Canal School Gouveia Engineering, Inc 63-56-6200 $ 2,816.00 124607 6/25/2024 Project 540.06 Water Audit Gouveia Engineering, Inc 10-31-6200 $ 2,853.90 124607 6/25/2024 Project 585.15 McDonalds Plan Review Gouveia Engineering, Inc 10-31-6200 $ 166.69 124607 6/25/2024 Project 510.02 Annual DBE/QAP Program Gouveia Engineering, Inc 18-32-7739 $ 2,340.50 124607 6/25/2024 Project 525.02 STPL-5172 (024) Highway 33/ Inyo Gouveia Engineering, Inc 18-56-7771 $ 4,468.28 124607 6/25/2024 Project 525.12D Jensen Rd Utilities Gouveia Engineering, Inc 17-36-7780 $ 30,500.50 124607 6/25/2024 Project 555.04-3.2 NEWS Construction Implement Gouveia Engineering, Inc 17-36-7779 $ 188.75 124607 6/25/2024 Project 555.05C Newman Wetlands Gouveia Engineering, Inc 10-31-6200 $ 1,474.20 124607 6/25/2024 Project 525.01 Public Works General $ 45,485.53 124607 Total
GRAINGER 10-44-6300 $ 347.70 124608 6/25/2024 Tubes
$ 347.70 124608 Total
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 30.00 124609 6/25/2024 Repair of Flat Tire on Mower/ PW Guerrero's Tire and Auto Repair, LLC 10-22-6530 $ 140.00 124609 6/25/2024 Tire Swap Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 185.00 124609 6/25/2024 Repair of Flat Tire on Tractor/ PW $ 355.00 124609 Total
HERNANDEZ SAUL 63-00-2010 $ 34.60 124631 6/25/2024 Refund Check 013766-000, 1029 MAIN STREET $ 34.60 124631 Total
HILMES JEAN 63-00-2010 $ 140.00 124630 6/25/2024 Refund Check 006417-000, 2022 YOSEMITE PARK RD $ 140.00 124630 Total
HOLLAND (NT) MICHAEL 10-07-6300 $ 20.49 124610 6/25/2024 Reimbursement for Flags/ Holland $ 20.49 124610 Total
Hydrofocus, Inc 17-44-7757 $ 9,267.05 124611 6/25/2024 Wetland Restoration Grant Agreement $ 9,267.05 124611 Total
JORGENSEN & COMPANY 10-07-6200 $ 335.79 124612 6/25/2024 Sprinkler Annual Inspection, Sprinkler Heads, Sprinkler Repair $ 335.79 124612 Total
Krazan & Associates, Inc 18-32-7768 $ 6,760.00 124615 6/25/2024 NEWS Project $ 6,760.00 124615 Total
Luna Ana 10-00-2841 $ 20.00 124616 6/25/2024 Pioneer Park Rental Deposit Refund/ Luna $ 20.00 124616 Total
McKesson Medical-Surgical 10-22-6300 $ 93.79 124617 6/25/2024 Glucose Meter, Adrenalin $ 93.79 124617 Total
Mechanics Bank 60-50-6120 $ 2,468.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 63-56-6120 $ 2,884.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 10-14-6120 $ 368.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 10-44-6120 $ 400.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 10-06-6120 $ 280.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 10-21-6120 $ 2,280.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 73-70-6120 $ 240.00 124640 6/26/2024 1st Half HSA Deposit 2024
AP Check Register
June 20, 2024 through July 2, 2024
4 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Mechanics Bank 10-07-6120 $ 800.00 124640 6/26/2024 1st Half HSA Deposit 2024 Mechanics Bank 10-02-6120 $ 680.00 124640 6/26/2024 1st Half HSA Deposit 2024 $ 10,400.00 124640 Total
MID VALLEY IT, INC 10-14-6200 $ 1,567.00 124618 6/25/2024 IT CONTRACT/FIN MID VALLEY IT, INC 10-21-6200 $ 3,134.00 124618 6/25/2024 IT CONTRACT/PD MID VALLEY IT, INC 60-50-6200 $ 1,567.00 124618 6/25/2024 IT CONTRACT/SEWR MID VALLEY IT, INC 63-56-6200 $ 1,567.00 124618 6/25/2024 IT CONTRACT/WATR $ 7,835.00 124618 Total
NexGen Alpha Upfitting 10-21-7010 $ 28,273.72 124619 6/25/2024 Upfitting of 2023 Dodge Durango NexGen Alpha Upfitting 10-21-7010 $ 5,545.25 124619 6/25/2024 Upfitting of 2023 Dodge Durango $ 33,818.97 124619 Total
P G & E 60-50-6410 $ 851.39 124621 6/25/2024 Gas & Electric @ City Hall 5-6-24 to 6-5-24 P G & E 60-50-6410 $ 34.64 124621 6/25/2024 Electrical Charges for Solar Meter @WWTP 5-9-24 to 6-7-24 P G & E 10-44-6510 $ 155.69 124621 6/25/2024 Natural Gas Pumped @ CNG Fueling Station 5-10-24 to 6-8-24 P G & E 10-07-6410 $ 851.39 124621 6/25/2024 Gas & Electric @ City Hall 5-6-24 to 6-5-24 P G & E 10-33-6510 $ 311.38 124621 6/25/2024 Natural Gas Pumped @ CNG Fueling Station 5-10-24 to 6-8-24 P G & E 60-50-6510 $ 38.92 124621 6/25/2024 Natural Gas Pumped @ CNG Fueling Station 5-10-24 to 6-8-24 P G & E 69-47-6510 $ 194.61 124621 6/25/2024 Natural Gas Pumped @ CNG Fueling Station 5-10-24 to 6-8-24 P G & E 63-56-6510 $ 38.92 124621 6/25/2024 Natural Gas Pumped @ CNG Fueling Station 5-10-24 to 6-8-24 P G & E 10-21-6510 $ 38.92 124621 6/25/2024 Natural Gas Pumped @ CNG Fueling Station 5-10-24 to 6-8-24 P G & E 63-56-6410 $ 851.38 124621 6/25/2024 Gas & Electric @ City Hall 5-6-24 to 6-5-24 $ 3,367.24 124621 Total
Public Agency Coalition Enterprise 10-00-2260 $ 24,962.25 124613 6/25/2024 Health Insurance Premium/ July 2024 $ 24,962.25 124613 Total
Public Agency Coalition Enterprise 10-00-2260 $ 18,009.78 124614 6/25/2024 Health Insurance Premium/ July 2024 $ 18,009.78 124614 Total
Rick Engineering Company 17-36-7780 $ 177.50 124622 6/25/2024 Project C 18529-C00 Newman Design Prop 1 $ 177.50 124622 Total
Rolfe Construction, Inc 63-56-6200 $ 36,355.00 124623 6/25/2024 Nature Park Waterline Rolfe Construction, Inc 63-56-6200 $ 4,840.00 124623 6/25/2024 L St Waterline Repair $ 41,195.00 124623 Total
RRM DESIGN GROUP, INC. 17-36-7780 $ 219.48 124624 6/25/2024 NEWS Educational Signage Development RRM DESIGN GROUP, INC. 17-44-7780 $ 9,465.75 124624 6/25/2024 Newman Nature Park $ 9,685.23 124624 Total
SJVAPCD 10-07-6200 $ 98.00 124641 6/26/2024 2024/2025 Permit to Operate Generator @ 1200 Main St/PD SJVAPCD 63-56-6675 $ 290.00 124641 6/26/2024 2024/2025 Permit lo Operate Generator @ Well #6 SJVAPCD 60-50-6675 $ 577.00 124641 6/26/2024 2024/2025 Permit to Operate Generator@ Inyo & Canal School Rd. $ 965.00 124641 Total
SmartPhone Meter Reading 63-56-6200 $ 16,112.20 124642 6/26/2024 SmartPhone Annual Software & Support. Data Hosting, SPMR Serve
AP Check Register
June 20, 2024 through July 2, 2024
5 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 16,112.20 124642 Total
Stanislaus County Public Works 10-33-6530 $ 58.63 124626 6/25/2024 CNG Fuel Pumped from Morgan Road/ May 2024 Stanislaus County Public Works 69-47-6530 $ 58.63 124626 6/25/2024 CNG Fuel Pumped from Morgan Road/ May 2024 $ 117.26 124626 Total
STANTEC CONSULTING SERVICE, Inc 61-55-7550 $ 2,485.00 124628 6/25/2024 Project# 184031755 Construction Management & Resident STANTEC CONSULTING SERVICE, Inc 17-50-7782 $ 2,802.86 124628 6/25/2024 Project# 184031755 Construction Management & Resident $ 5,287.86 124628 Total
STAPLES ADVANTAGE 60-50-6300 $ 78.35 124627 6/25/2024 Toner STAPLES ADVANTAGE 63-56-6300 $ 78.35 124627 6/25/2024 Toner STAPLES ADVANTAGE 10-14-6300 $ 78.35 124627 6/25/2024 Toner $ 235.05 124627 Total
State of Calif Dept of Justice 10-00-2014 $ 1,046.00 124625 6/25/2024 Fingerprint Apps/FBl/Child Abuse Index $ 1,046.00 124625 Total
Tank Town Media LLC 10-21-6600 $ 426.00 124620 6/25/2024 Employment Ad Police Officer $ 426.00 124620 Total
THOMPSON CHEVROLET-BUICK 10-33-7010 $ 16,474.92 124644 6/26/2024 2024 Chevy Silverado 2500/ PW THOMPSON CHEVROLET-BUICK 10-44-7010 $ 16,474.92 124644 6/26/2024 2024 Chevy Silverado 2500/ PW THOMPSON CHEVROLET-BUICK 69-47-7010 $ 16,474.93 124644 6/26/2024 2024 Chevy Silverado 2500/ PW $ 49,424.77 124644 Total
Titan Fence 10-07-6200 $ 18,137.60 124629 6/25/2024 New Fence/ Nursery School $ 18,137.60 124629 Total
UNIVAR USA, INC 63-56-6300 $ 538.84 124632 6/25/2024 100 Gallons of Sodium Hypoclorlte Delivered to Well #10 UNIVAR USA, INC 63-56-6300 $ 1,458.98 124632 6/25/2024 265 Gallons of Sodium Hypoclorlte Delivered to Well #8 UNIVAR USA, INC 63-56-6300 $ 401.26 124632 6/25/2024 90 Gallons of Sodium Hypoclorlte Delivered to Well #6 $ 2,399.08 124632 Total
Valley 29 Electric, LLC 10-33-6200 $ 4,475.00 124633 6/25/2024 Repair at Merced St $ 4,475.00 124633 Total
Vollmar Natural Lands Consulting 17-36-7780 $ 2,137.50 124634 6/25/2024 Project J-445 CDFW $ 2,137.50 124634 Total
West Coast Pet Memorial Services 10-21-6208 $ 37.23 124636 6/25/2024 Disposal Clinic $ 37.23 124636 Total
WESTSIDE THEATER FOUNDATI 10-07-6200 $ 598.90 124635 6/25/2024 Reimbursement for Repair on Neon Sign @ Theater $ 598.90 124635 Total
Wex Bank 10-44-6500 $ 99.09 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 Wex Bank 10-21-6500 $ 3,996.41 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 Wex Bank 69-47-6500 $ 464.69 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 Wex Bank 10-07-6500 $ 67.71 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 Wex Bank 10-33-6500 $ 611.72 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 Wex Bank 63-56-6420 $ 1,381.96 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24
AP Check Register
June 20, 2024 through July 2, 2024
6 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Wex Bank 10-22-6420 $ 1,492.92 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 Wex Bank 60-50-6500 $ 592.49 124637 6/25/2024 Gas and Diesel Purchases 5-16-24 to 6-15-24 $ 8,706.99 124637 Total
White Brenner, LLP 10-15-6200 $ 58.80 124638 6/25/2024 Professional Srvcs Rendered Through May 2024 PRA White Brenner, LLP 10-15-6200 $ 365.60 124638 6/25/2024 Professional Srvcs Rendered Through May 2024 Cannabis White Brenner, LLP 10-15-6200 $ 294.00 124638 6/25/2024 Professional Srvcs Rendered Through May 2024 PD White Brenner, LLP 10-15-6200 $ 761.00 124638 6/25/2024 Professional Srvcs Rendered Through May 2024 Martinez White Brenner, LLP 10-15-6200 $ 1,842.40 124638 6/25/2024 Through May 2024 General Municipal $ 3,321.80 124638 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 434.60 124639 6/25/2024 Helmet Fronts $ 434.60 124639 Total
$ 504,051.64 Grand Total
MINUTES
NEWMAN CITY COUNCIL
SPECIAL MEETING JUNE 25, 2024
CITY HALL CONFERENCE ROOM, 6:30 P.M., 938 FRESNO STREET NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT
1. Call To Order - Mayor Graham 6:30 P.M.
2. Roll Call - PRESENT: McDonald, Mayor Pro Tem Ball, Tomlinson, And Mayor Graham.
ABSENT: None.
3. Items From The Public – None.
4. Adjourn To Closed Session - 6:31 P.M
a. Public Employee Appointment – Title: Public Works Director - G.C. 54957. b. Return To Open Session - 6:43 P.M.
Mayor Graham Reported That Staff Was Given Direction Regarding Item 4.a.
5. Adjournment.
ACTION: On A Motion By Ball Seconded By Tomlinson, The Meeting Was Adjourned At 6:47 P.M.
By The Following Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
MINUTES
NEWMAN CITY COUNCIL
REGULAR MEETING JUNE 25, 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 Call To Order - Mayor Graham 7:00 P.M.
2. Pledge Of Allegiance.
3. Invocation – Council Member McDonald.
4. Roll Call - PRESENT: McDonald, Mayor Pro Tem Ball, Tomlinson, And Mayor Graham.
ABSENT: None.
5. Declaration Of Conflicts Of Interest – None.
6. Ceremonial Matters – None.
7. Items from the Public - Non-Agenda Items – None.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The June 11, 2024 Meeting.
d. Adopt Resolution No. 2024-24, Authorizing The City Of Newman Fire Department To Access State And Federal-Level Summary Criminal History Information For Employment. e. Approval Of A Letter Of Support For The Stanislaus Regional Transit Authority’s (StanRTA) Pursuit Of Transit And Intercity Rail Capital Grant Program (TIRCP) Funds.
ACTION: On A Motion By McDonald Seconded By Tomlinson, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES:
None; ABSENT: None; NOT PARTICIPATING: None.
9. Public Hearings.
a. Adopt Resolution No. 2024- , A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.
Recreation Director/Community Liaison Mendoza Reported That The Nuisance Had Been Abated Prior To The City Council Meeting And That The Item 9.a. Was Being Pulled From The Agenda.
ACTION: No Action Was Taken; The Nuisance Was Abated Prior To The Council Meeting.
10. Regular Business
a. Second Reading And Adoption Of Ordinance No. 2024-01, Amending Title 10, Traffic Regulations, Sections 10.04.050 Parking Restrictions Enumerated And 10.04.060 Penalty And Authorize Staff To Publish A Summary Of Said Ordinance.
ACTION: On A Motion By Ball Seconded By McDonald, Ordinance No. 2024-01, An Ordinance Amending Title 10, Traffic Regulations, Sections 10.04.050 Parking Restrictions Enumerated And
10.04.060 Penalty Was Adopted And Staff Was Authorized To Publish A Summary Of Said Ordinance, By The Following Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES:
None; ABSENT: None; NOT PARTICIPATING: None.
11. Items From District Five Stanislaus County Supervisor – None.
12. Items From The City Manager And Staff.
City Manager Holland Wished Everyone A Happy 4th Of July And Noted That The City Offices Would Be Closed On Thursday, July 4th And Friday, July 5th.
Council Member McDonald Asked If The City Would Participate The City Of Gustine’s Fireworks Display.
City Manager Holland Stated That They Had Not Asked The City Of Newman To Participate.
Council Member McDonald Inquired If The City Could Possibly Use The NEWS Project To Have Their Own Fireworks Display.
City Manager Holland Explained That The Nature Park Would Not Be An Appropriate Place To Do Fireworks And That It Could Present A Fire Risk.
Recreation Director/Community Liaison Mendoza Reported That The Last Youth Girls Summer Basketball League Games Would Be On Thursday, June 27th From 5:00 P.M. To 8:00 P.M. Mendoza Stated That The Last Downtown Market Of The Season Would Be On Friday, June 28th And Indicated That This Market Event Would Include A Classic Car Show.
Sergeant Williams Reported That The 4th Of July Holiday Weekend Was Quickly Approaching And Noted That The Police Department Would Be Conducting Fireworks And Driving Under The Influence (DUI) Enforcement During The Holiday Weekend. Williams Reminded Everyone To Have A Safe Holiday And Stated That Residents Should Utilize The Non-Emergency Number To Report Illegal Fireworks.
Finance Director Humphries Explained That The City Was At The End Of Their Fiscal Year And The Financial Reports For Said Fiscal Year Would Be Presented At The December City Council Meeting.
Chief Bowen Stated That The Busy Season For The Fire Department Had Begun. Bowen Reported That Safe And Sane Firework Sales Would Begin Friday, June 28th And They Could Be Used Through July 6th. He Reminded Everyone To Place Used Fireworks In A Bucket Of Water Overnight Before Placing Them In Garbage Containers. Bowen Mentioned That The Fire Department Would Soon Be Doing Some Wildland Training Out At The Wetlands Project.
Council Member McDonald Noted That The Fires In The Area Had Been Contained Thus Far And Thanked The Fire Department For All Their Hard Work.
Mayor Graham Wished Everyone A Happy 4th Of July And Reminded Them To Be Safe.
13. Adjournment.
ACTION: On A Motion By Ball Seconded By Tomlinson And Unanimously Carried, The Meeting Was Adjourned At 7:12 P.M.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.
City Council Meeting
of July 9, 2024
ADOPT RESOLUTION NO. 2024 - , AUTHORIZING THE CITY OF NEWMAN FIRE DEPARTMENT
TO ACCESS STATE AND FEDERAL-LEVEL SUMMARY CRIMINAL IDSTORY INFORMATION FOR EMPLOYMENT AND RESCINDING RESOLUTION NO. 2024-24
RECOMMENDATION:
Adopt resolution No. 2024- , authorize the City of Newman Fire Department to access state and federal-level summary criminal history information for employment and rescind Resolution No. 2024-24.
BACKGROUND:
The City of Newman Fire Department is an all-risk agency that provides emergency medical services, fire protection, public education, fire prevention, and fire investigation services. The department's members must be of sound mind and good moral-ethical character. The pre-employment background satisfies two goals: 1) assuring compliance with all applicable minimum standards for appointment and 2) screening out candidates who, based on their past history or other relevant information, are found unsuitable for the position in question. In the past, the pre-employment background was obtained through a contracted agency, which is no longer available to the City of Newman Fire Department. Government Code§ 1031 requires a pre-employment background investigation for peace officers. These requirements are the same as those recommended for firefighters. During the authorization process, it was determined that Resolution No. 2024-24 was insufficient for approval, and additional language was required.
ANALYSIS
The authorizing agency informed the City of Newman Fire Department that Resolution No. 2024-24 required additional language to meet the requirements set forth by the rules and regulations. Resolution 2024-24 was corrected, and additional language was added to meet the requirements. The new draft resolution was submitted to the authority for approval. The approval was obtained, and the updated resolution is attached to this report.
FISCAL IMPACT:
A nominal service fee is charged to the City of Newman Fire Department. These fees will be included in the fiscal year budget. The current fee is estimated at $32.00 per new hire. The fire department, on average, has five new hires per year.
CONCLUSION:
It is recommended that the Newman City Council Adopt Resolution No. 2024 - , authorizing the City of Newman Fire Department to access State and Federal-level summary criminal history information for employment and rescinding resolution no. 2024-24.
ATTACHMENTS:
1. Resolution No. 2024 -
Respectfully submitted,
~(L--- Fire Chief
REVIEWED/CONCUR:
Michael E. Holland
City Manager
RESOLUTION NO. 2024-
AUTHORIZING THE CITY OF NEWMAN FIRE DEPARTMENT TO ACCESS STATE AND
FEDERAL-LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT AND RESCINDING RESOLUTION NO. 2024-24
WHEREAS, Penal Code Sections l l 105(b)(l l) and 13300(b)(l l) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment purposes; and
WHEREAS, Penal Code Section 11105(b )(11) authorizes cities, counties, districts, and joint powers authorities to access federal-level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b )(11) and 13300(b )(11) require that there be a requirement or exclusion from employment based on specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 1l105(b)(l l) and 13300(b)(l l) require the city council, board of supervisors, governing body of a city, county or district or joint powers authority to specifically authorize access to summary criminal history information for employment purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman that the Newman Fire Department is hereby authorized to access state and federal-level summary criminal history information for employment with the Newman Fire Department (including volunteers and contract employees) and may not disseminate the information to a private entity; and BE IT FURTHER RESOLVED that the Newman Fire Department shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment (including volunteers and contract employees, if applicable).
BE IT FURTHER RESOLVED the City Council rescinds Resolution No. 2024-24, as said resolution did not meet all of the all of the California Department of Justice's requirements, and replaces Resolution No. 2024-24 with this resolution; and
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 9th day of July, 2024 by , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City ofNewman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.
City Council Meeting
of July 9, 2024
AUTHORIZE THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH
THOMAS SP ANKOWSKI FOR PUBLIC WORKS DIRECTOR POSITION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an employment agreement with Thomas Spankowski for the position of Public Works Director.
BACKGROUND:
The City of Newman ("City") requires people with proven executive and administrative qualifications to fill Department Head positions within the City. The Public Works Director plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the Public Works Department including the construction, maintenance, and repair of City streets, buildings, parks, water and wastewater systems, and related equipment and infrastructure; formulates departmental policies, goals, and directives; coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and with intergovernmental, regulatory agencies, and various public and private groups; provides highly responsible and complex professional assistance to the City Manager in areas of expertise.
ANALYSIS:
The position of Public Works Director is appointed by the City Manager, subject to the appointment being reviewed by the City Council in executive session. The Council reviewed the appointment of Thomas Spankowski to serve as the City's next Public Works Director during a June 25th executive session. Mr. Spankowski meets the requirements of the position and demonstrated throughout the interview process his capability to lead and serve as the face of the department.
The proposed employment agreement has been reviewed and approved as to form by the City Attorney. Under the proposed employment agreements, Mr. Spankowski will begin work with the City on August 5th This agreement identifies the base salary and provide for salary increases as set forth within Section III of the agreements. at step level C ($12,035/mo ). The terms of the agreement expire on July 31, 2043, unless otherwise terminated earlier or where both parties agree in writing to extend it. Benefits included within this this agreement are outlined within Section IIl.B.
FISCAL IMPACT:
The costs associated with the salary and benefits are annually included in the City's budget. This action would be consistent with the City's salary budgeting process.
CONCLUSION:
City staff recommends that the City Council authorize the City Manager to execute an employment agreement with Thomas Spankowski for the position of Public Works Director.
ATTACHMENTS:
1. Exhibit A-Thomas Spankowski Employment Agreement - Public Works Director Respectfully submitted,
Michael E. Holland
City Manager
AGREEMENT FOR EMPLOYMENT
DIRECTOR OF PUBLIC WORKS
THIS AGREEMENT FOR EMPLOYMENT ("Agreement") is made and entered into this July 1 oth, 2024, between the City of Newman ("City") and Thomas Spankowski, hereinafter called "Employee", pursuant to these terms and conditions unless terminated as set forth herein. City and Employee may collectively be referred to as Parties.
RECITALS
WHEREAS, City desires to employ the services of Employee as Director of Public Works of the City of Newman; and
WHEREAS, City desires to provide certain compensation and establish certain conditions of employment, and to set working conditions of the Director of Public Works; and WHEREAS, Employee desires to accept employment as Director of Public Works under the terms and conditions contained in this contract, therefore; In consideration of the mutual covenants contained in this contract, the parties agree as follows:
I. TERM
The term of this contract shall begin on August 5, 2024, and expires on Jul 31, 2034, unless otherwise terminated sooner. This Agreement may be extended beyond the expiration date if both the City and Employee agree in writing to extend the Employee's employment.
Nothing in this Agreement shall preclude the City and Employee from extending the term of this Agreement. Failure of the Parties to mutually agree in writing to extend employment shall not be considered removal of Employee from Director of Public Works and shall not otherwise be considered a punitive action.
Both City and Employee understand and agree that Employee's employment is at-will and is at the sole will, discretion and pleasure of the City Manager. Employee may be terminated at the will, discretion and pleasure of City Manager with or without cause, for any reason whatsoever, or for no reason at all, at any time. Employee shall have no rights or expectations of continued employment with City.
In a like manner, nothing in this Agreement shall interfere with the right of the Employee to resign at any time. Employee may terminate this Agreement at any time by providing thirty (30) days written notice.
IL DUTIES
City agrees to employ Employee as Director of Public Works to perform the duties specified in the City's class specification for Director of Public Works and other duties as may be required by law or assigned by the City Manager, which are reasonably related to the position of Director of Public Works.
Employee agrees to devote Employee's full time and effort to the performance of this Agreement and to remain in the exclusive employment of City.
III. COMPENSATION
City agrees to pay Employee a salary of $12,035 per month (Step C) payable at the same time and in the same manner as other City employees are paid. Additionally, the City agrees to increase Employee's salary by the same Cost of Living amount that other Department Heads receive. Employee shall be eligible for a merit increase(s) on August 1 of subsequent years beginning August 1, 2025, up to a maximum of Step E in the salary schedule.
B. Benefits
Employee shall be entitled to receive the same benefits and bear the same concessions as are provided for all City management employees. Additionally, the parties agree to the following:
1. Pension -Employee shall be responsible to pay their CalPERS employee contribution as required by their specific CalPERS status.
2. Health Insurance - Employee shall be entitled to receive the same health insurance program, benefits, and premiums as other management employees.
3. City vehicle - City shall provide a suitable vehicle for exclusive use by Employee in conjunction with performing the duties of the position of Director of Public Works including, but not limited to, transportation to and from work.
4. Vacation Leave - Employee shall accrue vacation leave at the annual rate provided in the City Personnel Rules.
5. Sick Leave - Employee shall accrue sick leave in accordance with the City's Personnel Rules (currently 12 days per year).
6. Administrative Leave - Employee shall be credited with a prorated share of annual administrative leave upon hire and shall earn administrative leave in accordance with the Administrative Leave policy (which for this Public Works Director is currently 80 hours granted annually at the beginning of each calendar year).
7. Cellular Phone - The City shall provide Employee a smart-phone with email service.
IV. TERMINATION AND SEVERANCE
A. City may terminate this contract at any time by providing notice to Employee as set forth in Section VII.
B. In the event City terminates this contract as provided in paragraph IV. A. above, City shall pay Employee a severance amount equal to Employee's salary and benefits (in the amounts as of the date of termination) for a period of three months from the date of termination. Additionally, Employee will be entitled to a cash out of accrued and unused vacation time. This provision shall not apply if the termination is due to Employee's arrest and/or conviction of any misdemeanor or higher criminal classification activity, unreasonable neglect of duty, refusal to perform duties and responsibilities assigned, conduct that is in bad faith and materially injurious to the City or materially breaches this agreement.
V. PERFORMANCE EVALUATION
City will endeavor to conduct Employee's performance evaluation annually.
VI. PROFESSIONAL DEVELOPMENT
City agrees to pay Employee's civic and professional association fees as approved by the City Manager and incorporated into the annual budget. City may also pay expenses associated with employment related conferences (including, but not limited to meals and travel expenses); and subscriptions and professional development costs associated with professional organizations as agreed to between Employee and City Manager. All items are subject to budget approval and prior authorization by the City Manager.
VII. NOTICES
The notices pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:
A. City:
B. Employee:
City Manager
City of Newman
P.O. Box 787
Newman, CA 95360
Thomas Spankowski
Address On File With The
Personnel Department
VIII. INDEMNIFICATION
Employee shall indemnify and hold the City harmless from all liability for loss, damage, or injury to persons or property resulting from misconduct of Employee during the course and scope of performance of duties under this Agreement.
IX. GENERAL PROVISIONS
A. This written contract shall constitute the entire agreement between the parties.
B. If any conflict between this Agreement and the City's Municipal Code exists, the Municipal Code shall govern.
C. If any provisions or any portion thereof contained in this contract is held invalid by a court of competent jurisdiction, the remainder of this contract shall be deemed severable and shall not be affected and shall remain in full force and effect.
D. This contract may be modified upon the written consent of the City and Employee.
Modification must be in writing and executed by both parties.
E. Waiver by City or Employee hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
F. This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the Stanislaus County.
In witness whereof, City has caused this contract to be signed on its behalf by its City Manager, and duly attested by its City Clerk, the Employee has signed this document on or before the date written above.
ATTEST: CITY:
Michael E. Holland, City Manager Date
APPROVED AS TO FORM: CITY ATTORNEY
Nubia Goldstein Date
APPROVED AS TO FORM: EMPLOYEE
Thomas Spankowski Date
Agenda Item: 10.b.
Honorable Mayor and Members
of the Newman City Council
CONSIDERATION OF FILLING CITY COUNCIL VACANCY
BY APPOINTMENT OR LEAVING THE SEAT VACANT
RECOMMENDATION:
City Council Meeting
of July 9, 2024
Staff recommends that the City Council consider, discuss options, and provide City staff direction for filling the City Council seat vacated by Council Member John Pimentel by appointment or leaving the seat vacant.
BACKGROUND/ANALYSIS:
In 2020, Council Member John Pimentel (the "Council Member") was elected to a four (4) year term as council member. The Council Member's term expires this year. At the November 5, 2024, general election, City of Newman (the "Q.ty") voters will vote to fill this seat for a four ( 4) year term. On May 16, 2024, the Council Member submitted his resignation thereby creating a vacancy on the City Council effective May 31, 2024 (the "Vacancy").
Government Code section 36512 provides that the City Council can fill the Vacancy either by appointment or by calling a special election within sixty (60) days from the commencement of the Vacancy. Accordingly, if the City Council wishes to fill the Vacancy, the City Council must make an appointment or call a special election by July 31, 2024.
If the City Council fills the Vacancy by appointment, the person appointed will serve the remainder of the Council Member's term. The Council Member's resignation occurred in the second half of the Council Member's term.
Government Code section 36512 provides that ifthe Vacancy occurs during the second halfofthe Council Member's term, the person appointed holds office for the remainder of the Council Member's term. Thus, the person appointed will serve until the election of a new council member at the November 5, 2024, general election.
It is at the City Council's discretion to determine the process by which an appointment is made to fill the Vacancy.
The City Council may make a direct appointment to fill the Vacancy, or the City Council may notice the Vacancy and invite applications to fill the Vacancy. The City Council must appoint a person who is at least eighteen ( 18) years old, and a resident and registered voter of the City. 1 If the City Council decides to fill the Vacancy by appointment, City staff will prepare the needed materials, such as an application.
If the City Council decides against making an appointment to fill the Vacancy, Government Code section 36512 provides that the City Council may fill the Vacancy by calling a special election. The City Council, however, should avoid calling for a special election to fill the Vacancy. Government Code section 36512 requires that the special election be held on the next regularly established election date pursuant to Election Code section 1000 not less than one hundred fourteen ( 114) days from the call of the special election. As a result, the City can only conduct a special election on November 5, 2024, the date of the next general election. Since City voters will elect the Council Member's successor for a four ( 4) year term at the November 5, 2024, general election, the special election is unnecessary.
If the City Council does not wish to fill the Vacancy by appointment, the City Council may consider leaving the seat vacant for the remainder of the Council Member's term. If the City Council wishes to fill the Vacancy prior to the November 5, 2024, general election, however, the City Council must make an appointment by July 31, 2024.
FISCAL IMPACT:
None.
ALTERNATIVES/OPTIONS:
The City Council's options are:
1. Provide direction as to fill the Vacancy by appointment or leaving the seat vacant; or
2. Continue the item for later consideration of the City Council with direction to City staff for additional analysis. If the City Council wishes to fill the Vacancy by appointment, the City must do so by July 31, 2024.
Respectfully submitted,
Michael Holland
City Manager
1 Gov. Code, § 36502, subd. (a); Elec. Code, § 201.