Newman City Council
September 9, 2025

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING SEPTEMBER 9, 2025
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 August 26, 2025 Meeting. (View Minutes) d. Adopt Resolution No. 2025- , A Resolution Of Concurrence And Acceptance Of The Consolidated Annual Performance And Evaluation Report For Fiscal Year 2024-2025 Prepared For The Stanislaus Urban County And Stanislaus Home Consortium. (View Report)
e. Accept A Public Utility Easement And Relinquish Access Rights Within The Southernmost 435 Feet Of Moreno Avenue. (View Report)

9. Public Hearings.

10. Regular Business
a. First Reading And Introduction Of Ordinance No. 2025- , An Ordinance Amending Title 4 Building Regulations Of The Newman City Code Incorporating The California Code Of Regulations Title 24, 2025 Edition Of The California Building Standards Code. (View Report)
b. Adopt Resolution No. 2025- , A Resolution Amending Rules And Regulations For The Administration Of A Merit Personnel System For The City Of Newman. (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
September 6 – Youth Soccer Season Begins At Sherman Park.

September 9 – City Council - 7:00 P.M.

September 18 – Planning Commission - 7:00 P.M.

September 23 – City Council - 7:00 P.M.

October 13-18 – Citywide Fall Clean-Up – 7:30 A.M. – 4:00 P.M.

October 14 – City Council - 7:00 P.M.

October 16 – Planning Commission - 7:00 P.M.

October 28– City Council - 7:00 P.M.

October 31 – Halloween.

October 31 – Trunk Or Treat Halloween Event – 5:00 P.M. – 8:00 P.M.

AP Check Register
August 19, 2025 through September 3, 2025
1 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description AT&T 10-14-6200 $ 10.42 126809 8/21/2025 Alarm 7-13-25 to 8-12-25 AT&T 10-07-6420 $ 29.76 126809 8/21/2025 Landlines 7-13-25 to 8-12-25 AT&T 10-14-6420 $ 90.61 126809 8/21/2025 Landlines 7-13-25 to 8-12-25 AT&T 63-56-6420 $ 90.83 126809 8/21/2025 Landlines 7-13-25 to 8-12-25 AT&T 63-56-6200 $ 10.41 126809 8/21/2025 Alarm 7-13-25 to 8-12-25 AT&T 10-21-6420 $ 31.74 126809 8/21/2025 Landlines 7-13-25 to 8-12-25 AT&T 60-50-6200 $ 10.41 126809 8/21/2025 Alarm 7-13-25 to 8-12-25 AT&T 10-21-6420 $ 363.43 126809 8/21/2025 Circuit Line Between Fresno St to Ceres 7-13-25 to 8-12-25 $ 637.61 126809 Total
AT&T MOBILITY 10-02-6420 $ 19.29 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-21-6420 $ 602.87 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 22-20-6420 $ 8.97 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-03-6420 $ 92.05 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 60-50-6420 $ 468.69 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 73-70-6420 $ 11.24 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-22-6420 $ 264.59 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-44-6420 $ 88.58 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-45-6420 $ 31.41 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-06-6420 $ 60.46 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 69-47-6420 $ 84.35 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-07-6420 $ 23.56 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 10-33-6420 $ 92.73 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 AT&T MOBILITY 63-56-6420 $ 388.88 126808 8/21/2025 Cell Phone Use 7-03-25 to 8-02-25 $ 2,237.67 126808 Total
Canon Financial Services, Inc. 10-14-6200 $ 140.61 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 Canon Financial Services, Inc. 60-50-6200 $ 140.61 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 Canon Financial Services, Inc. 60-50-6200 $ 93.88 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 Canon Financial Services, Inc. 63-56-6200 $ 93.88 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 Canon Financial Services, Inc. 63-56-6200 $ 140.62 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 Canon Financial Services, Inc. 10-21-6200 $ 262.74 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 Canon Financial Services, Inc. 10-22-6200 $ 338.81 126810 8/21/2025 Contract Charges August 2025/Copy Charges July 2025 $ 1,211.15 126810 Total
Cascade Fire Equipment 10-22-6300 $ 448.57 126796 8/20/2025 Fire Equipment $ 448.57 126796 Total
City of Ceres 10-21-6615 $ 18,019.00 126829 8/25/2025 Dispatch Service 7-1-25 to 7-31-25 $ 18,019.00 126829 Total
COMCAST CABLE 10-21-6420 $ 182.77 126811 8/21/2025 High Speed Internet 8-6-25 to 9-5-25/ PD COMCAST CABLE 63-56-6200 $ 73.61 126811 8/21/2025 High speed internet/water

AP Check Register
August 19, 2025 through September 3, 2025
2 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description COMCAST CABLE 60-50-6200 $ 73.58 126811 8/21/2025 High speed internet/sewer COMCAST CABLE 10-21-6200 $ 73.58 126811 8/21/2025 High speed internet/PD $ 403.54 126811 Total
CSG Consultants, Inc 10-23-6215 $ 2,754.00 126812 8/21/2025 Building Services July 2025 CSG Consultants, Inc 10-23-6215 $ 819.00 126812 8/21/2025 Building Permit Issuance/ July 2025 $ 3,573.00 126812 Total
Del Puerto Health Care District 10-21-6235 $ 437.00 126830 8/25/2025 Pre-employment Physical/ Kennedy $ 437.00 126830 Total
Diaz Nayeli Itzel 10-00-5510 $ 750.00 126813 8/21/2025 Memorial Building Rental Deposit Refund/ Diaz Diaz Nayeli Itzel 10-00-2840 $ 300.00 126813 8/21/2025 Memorial Building Rental Deposit Refund/ Diaz $ 1,050.00 126813 Total
DJ Dan Entertainment 10-45-6724 $ 425.00 126797 8/20/2025 Inflatable Screen/ Audio for Movie Night DJ Dan Entertainment 10-45-6724 $ 425.00 126797 8/20/2025 Inflatable Screen/ Audio for Movie Night DJ Dan Entertainment 10-45-6724 $ 425.00 126797 8/20/2025 Inflatable Screen/ Audio for Movie Night $ 1,275.00 126797 Total
FGL ENVIRONMENTAL, INC 60-50-6200 $ 359.00 126814 8/21/2025 Inorganic Analysis, Support Analysis FGL ENVIRONMENTAL, INC 60-50-6200 $ 359.00 126814 8/21/2025 Inorganic Analysis, Support Analysis $ 718.00 126814 Total
GEOANALYTICAL LAB, INC. 63-56-6200 $ 1,440.10 126834 8/26/2025 General Minerals, Chloride, Fluoride, Sulfate $ 1,440.10 126834 Total
Gouveia Engineering, Inc 18-32-7771 $ 4,964.39 126815 8/21/2025 Project 545.21 SS4A Gouveia Engineering, Inc 20-44-7786 $ 315.00 126815 8/21/2025 Project 545.17D CDBG Steff/Sunrise Park Improvements Gouveia Engineering, Inc 23-33-6220 $ 725.67 126815 8/21/2025 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 18-56-7771 $ 878.33 126815 8/21/2025 Project 525.12C Jensen Rd Utilities Gouveia Engineering, Inc 17-33-7745 $ 133.88 126815 8/21/2025 Project 520.03 T St Specific Plan Gouveia Engineering, Inc 28-33-7715 $ 2,586.15 126815 8/21/2025 Project 545.20 2024 Slurry Seals Gouveia Engineering, Inc 10-31-6200 $ 465.21 126815 8/21/2025 Project 575.16 Pometta Parcel Map Gouveia Engineering, Inc 17-36-7780 $ 3,817.13 126815 8/21/2025 Project 555.04-3.2 NEWS Construction Implement Gouveia Engineering, Inc 24-32-7781 $ 964.91 126815 8/21/2025 Project 545.18D Main St & Stanislaus Gouveia Engineering, Inc 10-31-6200 $ 312.38 126815 8/21/2025 Project 520.03 T St Specific Plan Gouveia Engineering, Inc 23-33-6210 $ 1,449.45 126815 8/21/2025 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 2,435.21 126815 8/21/2025 Project 545.01 Streets General Gouveia Engineering, Inc 10-31-6200 $ 222.34 126815 8/21/2025 Project 585.17 Inyo Ave-CUP 24-30 Gouveia Engineering, Inc 10-31-6200 $ 63.53 126815 8/21/2025 Project 510.02 Annual DBE/QAP Program Gouveia Engineering, Inc 10-31-6200 $ 2,213.93 126815 8/21/2025 Project 585.18 Mattos Ranch Com Park Site Plan Gouveia Engineering, Inc 23-33-6200 $ 7,249.16 126815 8/21/2025 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 2,441.25 126815 8/21/2025 Project 520.01 Planning General $ 31,237.92 126815 Total
Hydrofocus, Inc 17-44-7756 $ 4,614.30 126816 8/21/2025 Wetland Restoration Grant Agreement

AP Check Register
August 19, 2025 through September 3, 2025
3 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 4,614.30 126816 Total
Industrial Electrical Company 10-07-6200 $ 7,236.63 126798 8/20/2025 Generator Repairs $ 7,236.63 126798 Total
JG Nurseries LLC 60-50-6225 $ 257.82 126817 8/21/2025 Concrete $ 257.82 126817 Total
JORGENSEN & COMPANY 10-07-6200 $ 393.16 126799 8/20/2025 Sprinkler Annual Inspection, Sprinkler Heads, Sprinkler Repair $ 393.16 126799 Total
Liebert Cassidy Whitmore 10-15-6200 $ 2,981.50 126820 8/21/2025 Professional Services Rendered Through 7-31-25 Liebert Cassidy Whitmore 10-15-6200 $ 1,546.00 126820 8/21/2025 Professional Services Rendered Through 7-31-25 $ 4,527.50 126820 Total
Lopez Stephanie 10-00-2840 $ 300.00 126800 8/20/2025 Memorial Building Rental Deposit Refund/ Lopez $ 300.00 126800 Total
MID VALLEY IT, INC 10-21-7105 $ 1,555.08 126821 8/21/2025 New Computers MID VALLEY IT, INC 10-14-7105 $ 1,555.09 126821 8/21/2025 New Computers MID VALLEY IT, INC 10-33-7105 $ 1,555.09 126821 8/21/2025 New Computers MID VALLEY IT, INC 63-56-7105 $ 1,663.82 126821 8/21/2025 New Computers MID VALLEY IT, INC 10-45-7105 $ 1,555.09 126821 8/21/2025 New Computers MID VALLEY IT, INC 10-44-7105 $ 1,555.09 126821 8/21/2025 New Computers MID VALLEY IT, INC 10-45-7105 $ 272.82 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 10-44-7105 $ 272.84 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 10-21-7105 $ 272.84 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 60-50-7105 $ 272.84 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 73-70-7105 $ 1,555.09 126821 8/21/2025 New Computers MID VALLEY IT, INC 60-50-7105 $ 1,555.09 126821 8/21/2025 New Computers MID VALLEY IT, INC 10-33-7105 $ 272.84 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 10-14-7105 $ 272.84 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 73-70-7105 $ 272.84 126821 8/21/2025 Microsoft Office MID VALLEY IT, INC 63-56-7105 $ 272.84 126821 8/21/2025 Microsoft Office $ 14,732.14 126821 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 1,000.00 126831 8/25/2025 Health lnsurance Premium Additional/ August 2025/ Caetano $ 1,000.00 126831 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 1,164.00 126832 8/25/2025 Health lnsurance Premium/ September 2025/ Caetano $ 1,164.00 126832 Total
P G & E 10-44-6510 $ 204.66 126822 8/21/2025 Natural -Gas Pumped@ CNG Fueling Station 7-10-25 to 8-7-25 P G & E 10-21-6510 $ 51.16 126822 8/21/2025 Natural -Gas Pumped@ CNG Fueling Station 7-10-25 to 8-7-25 P G & E 63-56-6510 $ 51.16 126822 8/21/2025 Natural -Gas Pumped@ CNG Fueling Station 7-10-25 to 8-7-25 P G & E 10-33-6510 $ 409.32 126822 8/21/2025 Natural -Gas Pumped@ CNG Fueling Station 7-10-25 to 8-7-25 P G & E 60-50-6510 $ 51.16 126822 8/21/2025 Natural -Gas Pumped@ CNG Fueling Station 7-10-25 to 8-7-25 P G & E 69-47-6510 $ 255.83 126822 8/21/2025 Natural -Gas Pumped@ CNG Fueling Station 7-10-25 to 8-7-25

AP Check Register
August 19, 2025 through September 3, 2025
4 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description P G & E 60-50-6410 $ 1,175.76 126822 8/21/2025 Gas & Electric @ City Hall 7-3-25 to 8-4-25 P G & E 10-07-6410 $ 1,175.77 126822 8/21/2025 Gas & Electric @ City Hall 7-3-25 to 8-4-25 P G & E 63-56-6410 $ 1,175.76 126822 8/21/2025 Gas & Electric @ City Hall 7-3-25 to 8-4-25 P G & E 60-50-6420 $ 33.82 126822 8/21/2025 Electrical Charges for Solar Meter @WWTP 7-9-25 to 8-6-25 $ 4,584.40 126822 Total
Public Agency Coalition Enterprise 10-00-2260 $ 20,550.70 126819 8/21/2025 Health Insurance Premium/ September 2025 $ 20,550.70 126819 Total
Public Agency Coalition Enterprise 10-00-2260 $ 28,014.28 126818 8/21/2025 Health Insurance Premium/ September 2025 $ 28,014.28 126818 Total
Rangel Celeste 10-00-5830 $ 50.00 126823 8/21/2025 Reimbursement for Overpayment of Citation #6562 $ 50.00 126823 Total
Teeples Plumbing & Drilling Inc 60-50-6225 $ 3,858.75 126824 8/21/2025 Emergency Lift Station Repairs $ 3,858.75 126824 Total
TORRES (NT) ALICIA 10-14-6300 $ 12.14 126833 8/25/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 60-50-6300 $ 12.13 126833 8/25/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 63-56-6300 $ 12.13 126833 8/25/2025 Mileage Reimbursement/ Torres $ 36.40 126833 Total
Velez Lance 10-00-2841 $ 20.00 126825 8/21/2025 Pioneer Park Rental Deposit Refund/ Velez $ 20.00 126825 Total
Wex Bank 63-56-6500 $ 5.24 126826 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 10-22-6500 $ 261.14 126826 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 10-21-6500 $ 199.27 126826 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 60-50-6500 $ 5.24 126826 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 $ 470.89 126826 Total
Wex Bank 10-07-6500 $ 81.21 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 10-21-6500 $ 2,233.70 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 60-50-6500 $ 1,182.37 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 10-22-6500 $ 1,352.93 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 69-47-6500 $ 311.81 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 10-44-6500 $ 109.55 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 10-33-6500 $ 298.73 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 Wex Bank 63-56-6500 $ 369.10 126827 8/21/2025 Gas and Diesel Purchases 7-16-25 to 8-15-25 $ 5,939.40 126827 Total
White Brenner, LLP 10-15-6200 $ 82.41 126828 8/21/2025 Through Jul 2025 General Municipal White Brenner, LLP 10-15-6200 $ 1,472.10 126828 8/21/2025 Professional Srvcs Rendered Through Jul 2025 Code Enforcement White Brenner, LLP 10-15-6200 $ 273.88 126828 8/21/2025 Professional Srvcs Rendered Through Jul 2025 Contracts White Brenner, LLP 63-56-6200 $ 68.47 126828 8/21/2025 Professional Srvcs Rendered Through Jul 2025 Cal Sport v De White Brenner, LLP 10-15-6200 $ 3,663.14 126828 8/21/2025 Professional Srvcs Rendered Through Jul 2025 Labor & Employme White Brenner, LLP 10-15-6200 $ 68.47 126828 8/21/2025 Professional Srvcs Rendered Through Jul 2025 Litigation

AP Check Register
August 19, 2025 through September 3, 2025
5 of 5
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 5,628.47 126828 Total
$ 166,067.40 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING AUGUST 26, 2025
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order - Mayor Graham 7:00 P.M.

2. Pledge Of Allegiance.

3. Invocation – Council Member Pimentel.

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

ABSENT: None.

5. Declaration Of Conflicts Of Interest - None.

6. Ceremonial Matters - None.

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

Jorge Martinez, Stated That He Was A Member Of The Joseph G. Rose Veterans Post, And Indicated That They Had Money In The Budget For A Memorial Flag Pole In The City. Martinez Mentioned That His Brother Had Recently Passed Away Due To Agent Orange. He Noted That There Were Limited Mental Health Services Available For Veterans And That The Community Needed A Peer Counseling Program And Asked The City To Support His Efforts. Martinez Pointed Out That He Was Happy To Have A Conversation With Anyone Who Was Interested.

Mayor Graham Thanked Mr. Martinez And His Brother For Their Service And Stated He Was Sorry For The Loss Of His Brother. Graham Noted That the City Was in the Process of Planning a Veterans' Memorial.

City Manager Holland Explained That There Was Monies Budgeted For The Continued Planning Of The Veterans’ Memorial This Fiscal Year. Holland Noted That The City Had Already Gone Through A Public Participation Phase And Pointed Out That The Council Had Already Approved The Initial Design.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The July 22, 2025 Meeting.
d. Adopt Resolution No. 2025-31, A Resolution Approving Amendment To Joint Powers Agreement Of The Central San Joaquin Valley Risk Management Authority. e. Authorize The City Manager To Execute An Agreement With Symbium To Provide CloudBased Software Services To Meet The Requirements Of Senate Bill (SB) 379. f. Adopt Resolution No. 2025-32, A Resolution Adopting The Measure L Master Funding Agreement For Fiscal Years 2025–2030.

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

None; ABSENT: None; NOT PARTICIPATING: None.

9. Public Hearings.
a. Adopt Resolution No. 2025-33, A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.

Mayor Graham Opened The Public Hearing At 7:14 P.M.

There Being No Public Comment, Graham Closed The Public Hearing At 7:14 P.M.

ACTION: On A Motion By Pimentel, Seconded By Harden, Resolution No. 2025-33, A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4, Was Adopted By The Following Vote: AYES: Pimentel, Ball, Tomlinson, Harden, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

10. Regular Business
a. Report On 2025 Trunk Or Treat Halloween Event At The Downtown Plaza.

ACTION: On A Motion By Ball, Seconded By Tomlinson, The Council Approved The Trunk Or Treat Halloween Event At The Downtown Plaza As Submitted In The Staff Report, By The Following Roll Call Vote: AYES: Pimentel, Ball, Tomlinson, Harden, And Mayor Graham; NOES: None; ABSENT:

None; NOT PARTICIPATING: None.

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

12. Items From The City Manager And Staff.

City Manager Holland Reported That There Would Likely Be Planning Commission Meetings In September And October. Holland Noted That City Offices Would Be Closed On Monday, September 1st, In Observance Of Labor Day. He Explained That There Was Money In The Current Budget To Move Forward With The Engineering Of The Veterans Circle Planned For The Corner Of Fresno Street And Highway 33. He Pointed Out That The November Council Meeting Falls On Veterans Day And Would Be Rescheduled For Wednesday, November 12th. Holland Wished Everyone A Happy Fall Festival.

Recreation Director/Community Liaison Mendoza Reported That The Recreation Department Would Be Hosting The Kid Zone At The Fall Festival Event. Mendoza Reported That The Youth Soccer Season Would Commence On Saturday, September 9th. She Asked That The Community Be Mindful Of The Increased Traffic And Children Near The Sherman Park Area During The Youth Soccer Season.

Council Member Harden Asked If The Radar Trailer Could Be Placed On Hills Ferry Road Near Sherman Park To Slow Cars Down.

Chief Richardson Stated That The Said Trailer Would Be Placed On Hills Ferry Road. Richardson Reported That The County Integrated Traffic Enforcement Team (C.I.T.E.) Had Issued Thirty-Six Citations In Town Earlier That Day. He Noted That The Police Department Would Have A Booth At The Fall Festival.

Public Works Director Spankowski Stated That The Public Works Department Would Have A Public Outreach Booth At The Fall Festival And Encouraged Everyone To Stop By Said Booth. Spankowski Reported That The Slurry Seal Project Would Be Completed By Friday, August 29th, With The Exception Of The Final Painting And Striping. He Explained That The Public Works Department Was Currently Working On Water Line Issues In The Ruth, Lucille, And Real Avenues Area.

Council Member Tomlinson Asked If The County Had Responded To The City’s Concerns Regarding The Condition Of Stuhr Road.

Public Works Director Spankowski Stated That There Was Nothing New To Report, But Mentioned That The County Had Sent A Crew Out To Evaluate The Condition Of The Road.

City Manager Holland Noted That He Would Reach Out To Stanislaus County Supervisor Condit For An Update.

Chief Bowen Reported That The Fire Department Had Received Two Recent Statewide Mutual Aid Requests, For The Gifford And Garnet Fires. Bowen Stated That The Department Would Be At The Fall Festival And Encouraged The Community To Take A Ride On The Fire Truck During The Event.

13. Items From City Council Members.

Council Member Pimentel Congratulated Chief Richardson On Being The Grand Marshall For The Fall Festival Parade.

Council Member Harden Reminded Everyone To Stay Hydrated In The Heat.

Mayor Graham Wished Everyone A Great And Safe Fall Festival.

14. Adjournment.

ACTION: On A Motion By Tomlinson, Seconded By Harden, And Unanimously Carried, The Meeting Was Adjourned At 7:27 P.M.

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

City Council Meeting
of September 9, 2025

ADOPT A RESOLUTION OF CONCURRENCE AND ACCEPTANCE OF THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR FISCAL YEAR (FY) 2024-2025

PREPARED FOR THE STANISLAUS URBAN COUNTY AND STANISLAUS HOME CONSORTIUM RECOMMENDATION:

Adopt Resolution No. 2025-, A Resolution Of Concurrence And Acceptance Of The Consolidated Annual Performance And Evaluation Report (CAPER) For Fiscal Year (FY) 2024-2025 Prepared For The Stanislaus Urban County And Stanislaus HOME Consortium
BACKGROUND:

As required by the Department of Housing and Urban Development (HUD), the Stanislaus County Consortium that includes the Cities of Oakdale, Hughson, Patterson, Newman, Ceres, Waterford and Stanislaus County has prepared a Consolidated Annual Performance and Evaluation Report (CAPER) to document progress made in accomplishing goals set forth in the Consolidated Plan and Action Plan. The report includes the accomplishments of the individual jurisdictions participating in the Stanislaus County Community Development Block Grant Program (CDBG) Consortium also known as the Stanislaus Urban County for the FY 2024-2025. The need for a public hearing at each member City is no longer required; however, each city must present their respective CDBG accomplishments to their City Councils on an annual basis.

ANALYSIS:

The Draft CAPER was made available for a 15-day review and comment period which began on August 8, 2025 and ended August 22, 2025. The Final CAPER is now before the City Council for recommendation of approval to the Stanislaus County Board of Supervisors. The Board of Supervisors will hold a public meeting to be September 16, 2025. Upon approval by the Board of Supervisors, the CAPER will be submitted to HUD for final certification.

During the reporting period, the City continued with the planning and design of the Steffensen-Sunshine Area project and construction is tentatively scheduled to start in the Spring of 2026. The project consists of tree removal, sidewalk, curb, gutter street repair and overlay. These repairs are necessary due to severe damage by tree roots. The work will be performed on both sides of the 1900 block of Leslie Avenue, Sydney Avenue, Pine Street and Pine Court.

FISCAL IMPACT:

Positive, the City of Newman was allocated $146,699.75 in FY 2024-2025.

CONCLUSION:

Staff recommends that the City Council Adopt Resolution No. 2025- , A Resolution Of Concurrence And Acceptance Of The Consolidated Annual Performance And Evaluation Report (CAPER) For Fiscal Year (FY) 2024-2025 Prepared For The Stanislaus Urban County And Stanislaus HOME Consortium ATTACHMENTS:

1. Resolution No. 2025- , A Resolution Of Concurrence And Acceptance Of The Consolidated Annual Performance And Evaluation Report (CAPER) For Fiscal Year (FY) 2024-2025 Prepared For The Stanislaus Urban County And Stanislaus HOME Consortium

2. Draft FY 2024-2025 Consolidated Annual Performance Evaluation Report (CAPER).

J anna Lainez
Planning Department Office Assistant

REVIEWED/CONCUR
Michael Holland
City Manager
RESOLUTION NO. 2025-

A RESOLUTION OF CONCURRENCE AND ACCEPTANCE OF THE CONSOLIDATED

ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR (FY) 2024-2025 PREPARED FOR THE STANISLAUS URBAN COUNTY AND STANISLAUS HOME

CONSORTIUM
WHEREAS, the Stanislaus County Urban County includes the Cities of Oakdale, Hughson, Newman, Patterson, Ceres, Riverbank and Waterford and unincorporated areas of Stanislaus County have received and expended CDBG funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2024-2025 ; and,
WHEREAS, the Stanislaus HOME Consortium which includes the Stanislaus Urban County and the City of Turlock, and the unincorporated areas of Stanislaus County have received HOME funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2024-2025; and WHEREAS, the City as a member of the Stanislaus Urban County and the HOME Consortium is required to assist the County in the CAPER process to report their project status and to document progres made in accomplishing goals set forth in the Consolidated Plan and Annual Action Plan; and WHEREAS, the Draft CAPER was made available for a 15-day public review period from August 8, 2025 through August 22, 2025 to allow the public the opportunity to review and provide comments prior to the public hearing by the Stanislaus County Board of Supervisors.

NOW, THEREFORE, BE IT RESOLVED that the Newman City Council hereby does adopt a Resolution of Concurrence and Support of the Consolidated Annual Performance and Evaluation Report (CAPER) Fiscal Year 2024-2025 prepared for the Stanislaus Urban County and the Stanislaus HOME Consortium.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 9th day of September, 2025 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 vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Casey Graham,
Mayor of the City of Newman
County of Stanislaus, State of California
Fiscal Year 2024-2025
Stanislaus HOME Consortium and Stanislaus Urban
County .Consolidated Annual Performance
and Evaluation Report (CAPER)
for U.S. Housing and Urban Development Entitlement
Programs

DRAFT CAPER
OMB Control No: 2506-0117
September 2025
Prepared by:

Stanislaus County
Planning and Community
Development Department
1010 10th Street, Suite 3400
Modesto, CA 95354
1 STANISLAUS HOME CONSORTIUM AND STANISLAUS URBAN COUNTY FISCAL YEAR 2024-2025 CAPER
Stanislaus County
Chairman Buck Condit
Vice Chairman Vito Chiesa
Supervisor Terry Withrow
Supervisor Mani Grewal
Supervisor Channce Condit
City of Newman
Mayor Casey Graham
Councilmember Scott Ball
Councilmember Shane Tomlinson
Councilmember Gisel Pimentel
Councilmember Matthew Harden
City of Riverbank
Mayor Rachel Hernandez
Vice Mayor Cindy Fosi
Councilmember Luis Uribe
Councilmember John C. Pimentel
Councilmember Stacy Call
OMB Control No: 2506-0117
City of Ceres
Mayor Javier Lopez
Vice Mayor Daniel A. Martinez
Councilmember James Casey
Councilmember Rosalinda L. Vierra
Councilmember Cerina Otero
City of Oakdale
Mayor Cherilyn Bairos
Mayor Pro Tem Christopher Smith
Councilmember Jarod Pitassi
Councilmember Jeff Kettering
Councilmember Kayleigh Gilbert
~
~ City of Waterford
Mayor Charlie Goeken
Vice Mayor Jamie Hilton
Councilmember Christine Harris
Councilmember Elizabeth Talbott
Councilmember Guadalupe "Lupita"
Gutierrez

DRAFT CAPER
City of Hughson
Mayor George Carr
Mayor Pro Tern Randy Crooker
Councilmember Julie Ann Strain
Councilmember Alan McFadon
Councilmember Susana Vasquez
City of Patterson
Mayor Michael Clauzel
Councilmember Gabriela
Hernandez
Councilmember Jessica Romero
Councilmember Kendra Mora
Councilmember Carlos Roque
City of Turlock
Mayor Amy Bublak
Councilmember Kevin Bixel
Councilmember Rebecka Moriez
Councilmember Cassandra Abram
Councilmember Erika Phillips
2 TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................................. 5 CR-OS - GOALS AND OUTCOMES ................................................................................................................... 8 Table 1 - Consolidated Plan Accomplishments - Program Year 4 and Strategic Plan to Date ......... 9 CR-10 - RACIAL AND ETHNIC COMPOSITION OF FAMILIES ASSISTED ......................................................... 12 Table 2 - Table of Assistance to Racial and Ethnic Populations by Source of Funds ..................... 12 Table 2 A - Table of Assistance to Racial and Ethnic Populations by Source of Funds .................. 12 CR-15 - RESOURCES AND INVESTMENTS 91.520(A) .................................................................................... 14 Table 3 - Resources Made Available ............................................................................................. 14 Table 4 - Identify the Geographic Distribution and Location of lnvestments ................................ 15 CR-20 - AFFORDABLE HOUSING 91.520(B) ................................................................................................. 18 Table 5 - Number of Households ................................................................................................... 18 Table 6 - Number of Households Supported ................................................................................ 18 Table 7 - Number of Persons Served ............................................................................................. 19 CR-25 - HOMELESS AND OTHER SPECIAL NEEDS 91.220(D, E); 91.320(D, E); 91.520(C) ............................ 20 CR-30 - Public Housing 91.220(H); 91.320(J) .............................................................................................. 25 CR-35 - OTHER ACTIONS 91.220(J)-(K); 91.320(1)-(J) ................................................................................... 27 CR-40 - MONITORING 91.220 AND 91.230 ................................................................................................ 32 CR-45 - CDBG 91.520(C) .............................................................................................................................. 35 CR-50 - HOME 24 91.520 (d) ....................................................................................................................... 36 CR-58 - Section 3 ................................................................................................................. ........................ 37 CR-60 - ESG 91.520(G) (ESG RECIPIENTS ONLY) .......................................................................................... 39 CR-65 - PERSONS ASSISTED ......................................................................................................................... 43 Table 8 - Household Information for Homeless Prevention Activities .......................................... 43 DRAFT CAPER 3
OMB Control No: 2506-0117
Table 9 - Household Information for Rapid Re-Housing Activities ............................................................. 43 Table 10 - Shelter Information .................................................................................................................... 43 Table 11 - Household Information for Street Outreach ................................................................ 43 Table 12 - Household Information for Persons Served with ESG .................................................. 44 Table 13 - Age Information ............................................................................................................ 44 Table 14 - Special Population Served ............................................................................................. 44 CR-70- ESG 91.520(G) - ASSISTANCE PROVIDED AND OUTCOMES ............................................................ 45 Table 15 - Shelter Capacity ............................................................................................................ 45 DRAFT CAPER 4
OMB Control No: 2506-0117

INTRODUCTION
PROGRAM YEAR - 5
CONSOLIDATED PLAN 2020-2024
2024-2025 STANISLAUS HOME CONSORTIUM & STANISLAUS URBAN COUNTY

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
The 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) constitutes the fifth reporting period (the Fiscal Year covering July 1, 2024 to June 30, 2025) of the Five-Year Consolidated Planning period. Stanislaus County, in partnership with the cities of: Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford form the Stanislaus Urban County (hereafter "Urban County") for purposes of receiving U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Emergency Solutions Grants (ESG) program funds. The Stanislaus Urban County, in partnership with the City of Turlock for the Stanislaus HOME Consortium for purposes of receiving HUD HOME Investment Partnerships (HOME) funding. Stanislaus County serves as lead entity for both the Stanislaus HOME Consortium and the Urban County.

HUD requires the Stanislaus HOME Consortium and Urban County to prepare and adopt a Five-year Consolidated Plan (Con Plan) and Annual Action Plans to inform HUD on how the allocated grant funds will be used. At the end of each fiscal year (FY), HUD requires this annual CAPER to report the progress made in accomplishing the goals set forth in the Con Plan, also referred to as a Strategic Plan, and Annual Action Plan (AAP). As a recipient of Neighborhood Stabilization Program (NSP) funding in prior fiscal years, the Urban County reports on NSP program income funds still programmed for use. The projects and activities outlined within this CAPER were administered and overseen by the County's Department of Planning and Community Development.

In Fiscal Year 2024-2025, the Stanislaus HOME Consortium and Urban County continued focusing on effectively administering and implementing CDBG, ESG, HOME, and NSP programs. HUD funded infrastructure projects continued with a mixture of preliminary design, engineering, environmental assessments, and construction activities. Non-profits were awarded CDBG and ESG funding for delivery of public services and emergency shelter operations continued to provide needed services to the communities most vulnerable populations.

The annual HUD Entitlement program funding allocated to the Stanislaus Urban County in Fiscal Year 2024-2025 were:

CDBG
ESG
Total:
$2,305,008
$ 205,225
$2,510,233
The annual HUD Entitlement program funding allocated to the Stanislaus HOME Consortium in Fiscal Year 2024-2025 was:

HOME $1,262, 718.33
DRAFT CAPER 5
OMB Control No: 2506-0117
Fiscal Year 2024-2025 was the second year of the Stanislaus HOME Consortium. The County utilized the year to establish the foundation for identifying projects and expend funding in accordance with HUD requirements. Staff's efforts included working with the City of Turlock to coordinate the programming of unallocated City ofTurlock/Stanislaus Urban County HOME Consortium funds (both the annual allocation and program income) held by the City of Turlock. A consultant was obtained to assist the County with program development and ·administration of the new Consortium.

In addition to the funding listed above, the CAPER also reports on the use of HUD CDBG and ESG Coronavirus Aid, Relief, and Economic Security (CARES) Act funding awarded to the Stanisiaus Urban County in Fiscal Years 2019-2020 and 2020-2021. The CARES Act identified additional funding for the CDBG and ESG programs to prevent, prepare for, and respond to the community impacts of the COVID19 pandemic. The ESG CV funding expenditure deadlines were in Fiscal Year 2023-2024 and funded activities were a part of the Fiscal Year 2023-2024. The CDBG CV funding expenditure deadline is June 30, 2026, and funded activities will be reported in the CAPERs for Fiscal Year 2024-2025 and 2025-2026.

HUD's distribution plan for CDBG and ESG CARES Act funding included multiple rounds: an initial round (CV1) that allowed for quick access to funding necessary to address the immediate crisis resulting from the pandemic and funding rounds two and three, CV2 and CV3, that supported post-pandemic community recovery. Below are the amounts that the Stanislaus Urban County was awarded for CDBG CV1 and CDBG CV3) funding The Stanislaus Urban County was not covered CV2 funding:

CDBG Round One (CV1) Allocation:

CDBG Round Three (CV3) Allocation:

Total
$1,358,994
$1,432,755
$2,791,749
CDBG, ESG, NSP, and HOME funds are designed to primarily serve the low-income community as defined by the Area Median Income (AMI) limits per program for Stanislaus County as determined by HUD. Funds are used by the Stanislaus HOME Consortium and Urban County to meet the following goals of the Con Plan:

1. Increase and improve supply of affordable housing

2. Work to end and prevent homelessness

3. Improve infrastructure and public facilities

4. Provide public services

5. Community emergency responses

6. Administration
In Fiscal Year 2024-2025, the Stanislaus HOME Consortium and Urban County continued to collaborate with the Stanislaus Community System of Care (CSOC), the local federally recognized Continuum of Care (CoC), on homeless services and programs. A Coe is an integrated system of care that guides and tracks homeless individuals and households through a comprehensive array of housing and services designed to prevent and end homelessness. Services supported with ESG funding are brought to the local CoC for feedback and to ensure coordination with countywide efforts to address homelessness.

The County's Department of Planning and Community Development has also served as the Administrative Entity for the local CoC for state ESG (CA-ESG) since 2017. The department works with the CoC to identify service needs and allocates the CA-ESG funding through its annual grant application process that is later DRAFT CAPER 6
OMB Control No: 2506-0117
described in theT CAPER. Over the last few years, the local CoC area has received approximately two hundred eighty thousand dollars ($280,000) annually in CA-ESG funding.

This CAPER is presented in the template format generated by HUD which includes a series of questions and answers in relation to specific program funding received by the Stanislaus HOME Consortium and Urban County. The information provided in the CAPER is limited to the specific questions that HUD requires of Stanislaus County, as the lead entity, and does not address any other federal or state funding received by the members of the Stanislaus HOME Consortium and Urban County. The CAPER is submitted through HUD's Integrated Disbursement and Information System (IDIS) which limits the length of responses to each question.
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DRAFT CAPER 7
OMB Control No: 2506-0117
CR-05 - GOALS AND OUTCOMES
PROGRESS THE JURISDICTION HAS MADE IN CARRYING OUT ITS STRATEGIC PLAN AND ITS ACTION PLAN.

91.520(A)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The priorities identified in the Con Plan are public infrastructure, economic development, affordable housing, public services, and community emergency response to COVID-19. In many neighborhoods and communities throughout the planning area, public infrastructure (sewer, curb, gutter, sidewalk, storm drainage, etc.) is minimal or non-existent, causing this to be a high priority need. All of the Stanislaus Urban County members utilize CDBG funds for infrastructure improvement projects in an effort to improve the quality of life for residents in and around the project areas.

Through the CDBG Public Services Grant (CDBG-PSG) program, the Urban County set aside approximately fourteen percent (14%) of its annual CDBG allocation for programs that provide services to low to moderate-income households (families or individuals). A total of three hundred twenty-five thousand dollars ($325,000) in funding was awarded to eight (8) public service programs to carry-out a number of needed services that included assistance to the homeless and those at risk of becoming homeless.

Approximately nineteen hundred (1,900) individuals received some form of service, from CDBG PSG funded programs ranging from meals and shelter for low-income households to emergency food assistance.

Throughout Fiscal Year 2024-2025, the Urban County and the local CoC worked together on strengthening efforts to address and collaborate on homeless issues. Those efforts included working with the CoC and other entitlement jurisdictions to:
• Oversee and monitor programs for federal compliance
• Support the Coordinated Entry System (CES)
• Support the Homeless Management Information System (HMIS) • Update local CES policies and procedures
CDBG CVl and CDBG CV3, funding, were awarded through a competitive grant application process. A total of twelve (12) programs provided by eight (8) service providers were funded CDBG CV. During Fiscal Year 2024-2025, a total of two hundred thirty-five (235) individuals were assisted with CDBG CV funds.

COMPARISON OF THE PROPOSED VERSUS ACTUAL OUTCOMES FOR EACH OUTCOME MEASURE

SUBMITTED WITH THE CONSOLIDATED PLAN AND EXPLAIN, IF APPLICABLE, WHY PROGRESS WAS NOT MADE TOWARD MEETING GOALS AND OBJECTIVES. 91.520(G)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee's program year goals.

DRAFT CAPER 8
OMB Control No: 2506-0117
Consolidated Plan Accomplishments Strategic Plan to Date Program Year 5 Goal Category Source I Amount Indicator Unit of Expected Actual Percent Expected Actual Percent Measure Complete Complete
CDBG: $436,002
Other- ESG: $15,391
Administration Administration HOME: $126,272.33 N/A N/A N/A N/A N/A N/A N/A N/A CDBG CVl: $90,462
CDBG CV3: $286,551
Rapid Re-Housing Households 385 35 9% 10 0 0%
Assisted
Other- CDBG CVl: Homeless Persons Persons
Community Emergency $565,761.91 Overnight Shelter Assisted 970 1,785 184% 300 154 51% Emergency Response Program Assistance CDBG CV3: Homeless Persons $482,075.20 Prevention Assisted 900 so 6% 10 23 230%
Other Other 4,361 6,267 144% 1,000 37 4%
Improve Public Non-Housing Infrastructure Households
Infrastructure Community CDBG: $1,519,006 Activities Assisted 7,500 1,177 16% 1,500 116 8% Development
Public service
Homeless Non- CDBG Public Services: activities other than Persons Provide Public Services Homeless $325,000 Low /Moderate- Assisted 7,000 12,453 178% 1,088 1,900 174% Special Needs Income Housing
Benefit
Work to End and Homeless ESG: $189,834 Other Other
Prevent Homelessness 2,100 2,160 103% 286 403 141%
*Affordable Housing Affordable HOME: $1,136,446 Housing Units 60 60 57 95% 21 0 0% Housing NSP: $3,000,000
Table 1 - Consolidated Plan Accomplishments - Program Year 5 and Strategic Plan to Date *The Affordable Housing goal is in the FY 2020-2025 Con Plan as a goal for the overall City of Turlock/Stanislaus Urban County HOME Consortium, which was administered by the City of Turlock until July, 1, 2024. All HOME Program funded projects, housing goals and related activities that were funded prior to June 30, 2024 are reported in the City of Turlock's CAPER and any HOME funded projects after that are reported by the County on behalf of the Stanislaus HOME Consortium.

DRAFT CAPER 9
OMB Control No: 2506-0117

ASSESS HOW THE JURISDICTION'S USE OF FUNDS, PARTICULARLY CDBG, ADDRESSES THE PRIORITIES

AND SPECIFIC OBJECTIVES IDENTIFIED IN THE PLAN, GIVING SPECIAL ATIENTION TO THE HIGHEST PRIORITY ACTIVITIES IDENTIFIED.

The Con Plan identifies public infrastructure and facility improvements, affordable housing, community and economic development, public services, homeless services, and community emergency response as the high priority needs. Consistent with these priorities, the following activities were undertaken:
• Each Urban County member continued with the design, engineering, and construction of various public infrastructure projects contributing to the improvement of neighborhoods. • Continued to fund public service programs through a competitive grant process to assist nonprofits that aid low- and moderate-income persons in need of services (i.e., food, shelter, and youth services).
• Continued to oversee CDBG CV awarded grants, to non-profits, that were offered through a competitive process to assist the community to prepare, prevent, and protect its residents, service providers, and businesses from the impact of COVID-19. • A consultant assisted with technical assistance in establishing program policies and procedures and development of a Request for Proposals (RFP) for housing development projects and services, in an effort to establish the program's administrative foundation.

The following expenditures of public services program funding occurred during the FY:

CDBG-PSG Program Funded Service Providers (Fiscal Year 2024-2025) Court Appointed Special Advocates of Stanislaus County- Direct Services Project Center for Human Services - Economic and Mobility Program Children's Crisis Center of Stanislaus County- Guardian House Children's Crisis Center of Stanislaus County- Marsha's House Children's Crisis Center of Stanislaus County-Verda's House The Salvation Army Red Shield -After School Program
We Care Program - Turlock - Emergency Shelter Program
We Care Program - Turlock - Substance Abuse-Counseling Program 2024 ESG Program Funded Service Providers
Center for Human Services - Youth Low Barrier Shelter Program Haven Women's Center of Stanislaus - Haven Emergency Shelter Program Turning Point Community Programs - Rapid Re-Housing Program 2023 ESG Program Funded Service Providers
Community Housing and Shelter Services - Rental Assistance Program We Care Program - Turlock - Emergency Shelter Program
CDBG CV1 Program Funded Service Providers
Cambridge Academies - Enterprise Connection Program
Center for Human Services - Family Resource Center Concrete Support Children's Crisis Center - CDBG CARES Program
Family Promise of Greater Modesto - Rent/Utility Assistance Program

DRAFT CAPER
OMB Control No: 2506-0117
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
$80,000
$77,042
$26,830
$85,962
$88,010.40
$104,683.60
$201,731.50
$201, 731.50
$170,691.50
$201, 731.50
10 Salvation Army - Red Shield - Feed the Need Program
United Samaritans Foundation - Employee Hazard Pay
CDBG CV3 Program Funded Service Providers
Cambridge Academies - HOST House Shelter Program
Cambridge Academies - Naomi's House Shelter Program
Center for Human Services - Family Resource Center Concrete Support Community Housing and Shelter Services - Rental Assistance Program Haven Women's Center of Stanislaus - Haven Emergency Shelter Program Salvation Army - Red Shield - Feed the Need Program
$201,731.50
$109,578.50
$200,000
$200,000
$200,000
$180,000
$166,204
$200,000
The competitive grant review process utilized a Grant Review Panel made up of representatives from each of the Urban County's members and the CSOC to assure progress towards meeting the Con Plan's priorities and addressing community needs.

As the Urban County's lead entity, county staff administratively supported all of the Urban County members on their paths towards meeting the goals in the Con Plan. The following were the projects that the Stanislaus Urban County Members had underway in the last fiscal year.

Stanislaus Urban County Members Infrastructure Projects Stanislaus County: West Modesto Infrastructure Improvements Project City of Ceres: Morrow Village Phase Ill Improvements Project City of Hughson: 2nd Street Improvements Infrastructure Project City of Newman: Steffensen-Sunshine Area Infrastructure Project City of Oakdale: Southwest Downtown Safe Routes to School Improvements Project City of Patterson: Washburn Infrastructure Improvements Project City of Riverbank: Water and Sewer Line- High Street/Riverside Drive Project City of Waterford: G Street Infrastructure Improvements Project [Space below intentionally left blank.]

DRAFT CAPER
OMB Control No: 2506-0117
11 CR-10 - RACIAL AND ETHNIC COMPOSITION OF FAMILIES ASSISTED

DESCRIBE THE FAMILIES ASSISTED (INCLUDING THE RACIAL AND ETHNIC STATUS OF FAMILIES ASSISTED). 91.520(A)
Race/Ethnicity CDBG % ESG % HOME %
White 1,508 79.3% 139 34.4% 0 N/A
Black or African American 132 6.9 45 11.1 0 N/A
Asian 12 0.6 4 0.9 0 N/A
American Indian or American Native 42 2.2 4 0.9 0 N/A
Native Hawaiian or Other Pacific Islander 20 1.0 5 1.2 0 N/A Other 186 9.7 206 51.1 0 N/A
Refused to Answer - - - - 0 N/A
Total 1,900 100 403 100 0 N/A
Hispanic 1,207 63.5 147 36.4 0 N/A
Not Hispanic 693 36.4 256 63.5 0 N/A
Table 2 - Table of Assistance to Racial and Ethnic Populations by Source of Funds Race/Ethnicity CDBG CV %
White 1,615 81.60%
Black or African American 155 7.83
Asian 17 0.85
American Indian or American Native 23 1.16
Native Hawaiian or Other Pacific Islander 14 0.70
Other 155 7.83
Refused to Answer - -
Total 1,979 100
Hispanic 1,415 71.50
Not Hispanic 564 28.49
Table 2 A - Table of Assistance to Racial and Ethnic Populations by Source of Funds

NARRATIVE
The Urban County identifies priority needs and offers services and programs to eligible individuals and households regardless of race and ethnicity. Tables 2 and 2 A above reflect the CDBG-PSG, ESG, and CDBG CV programs administered Fiscal Year 2024-2025 and is auto generated by the HUD CAPER template reflecting demographic information provided by participants and recorded in the HUD Integrated Disbursement and Information System (IDIS) reporting system.

CDBG-PSG funds were used by several non-profits that addressed the needs of special populations in the Urban County. Of the total nineteen hundred (1,900) individuals assisted, approximately five hundred (500) individuals with disabilities were assisted, nine hundred four (904) were assisted with emergency food, eight hundred twenty (820) were assisted with shelter, and seven hundred sixty-one (761) were assisted with utility assistance. Among the total assisted individuals, there were ninety-two (92) female head of households, eighty (80) veterans, one hundred forty-four (144) seniors, one hundred eighteen (118) domestic violence victims, and one thousand thirty-eight (1,038) homeless. Of those assisted, thirty DRAFT CAPER 12
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(30) were provided with homeless prevention services, seven hundred thirty-two (732) were provided case management, and nine hundred four (904) were provided emergency food assistance.

ESG funds were used by several non-profits that assisted homeless persons and families, both the chronically homeless populations and temporarily homeless households, make a transition to permanent housing and independent living. While enrolled in these programs, case managers worked with each household to set goals and work on a housing action plan in order to identify and connect with any needed services such as: Temporary Assistance for Needy Families (TANF), food stamps, Veteran's benefits, future employment opportunities, etc. ESG homeless prevention and rapid re-housing funds placed thirteen (13) homeless individuals into permanent housing with all eight being stably housed by the end of the fiscal year.

ESG funds were also used to provide emergency shelter to homeless individuals and households. Clients that showed progress and motivation toward self-sufficiency receive extended case management in conjunction with rapid re-housing assistance funds to assist in the placement of job and permanent housing. Shelter service providers assisted sixteen individuals to obtain housing this last fiscal year. The ESG funded programs assisted a total of four hundred three (403) individuals throughout the fiscal year. [Space below intentionally left blank.]
DRAFT CAPER 13
OMB Control No: 2506-0117
CR-15 - RESOURCES AND INVESTMENTS 91.520(A)
IDENTIFY THE RESOURCES MADE AVAILABLE.

Source of Funds Resources Made Available Amount Expended During Program YearProgram Year 2024 CDBG $2,305,008 $1,727,261
ESG 2023 $208,317 $176,343
ESG 2024 $205,225 $66,215
HOME $1,262,718 76,808
Table 3 - Resources Made Available

NARRATIVE
The annual entitlement CDBG, HOME,ESG and CARES Act CDBG CV funding, in the amounts identified in Table 3 - Resources Made Available, continued to provide much needed public infrastructure, public services, and support to alleviate the impact of CVOID 19, especially for the most vulnerable in the community Collectively, CDBG and ESG funding assist the Urban County in addressing infrastructure needs and to provide services to the most vulnerable of our community. When other resources are available, Urban County members leverage CDBG funds with local, state, or other federal funds. In Fiscal Year 2024-2025, CDBG and ESG activities leveraged two million five hundred fourteen thousand one hundred sixty-eight dollars ($2,514,168) and one million two hundred fifty-four thousand nine hundred eighty-six dollars ($1,254,986) respectively to support service delivery. There was no HOME funding expended in Fiscal Year 2024-2025 and there is no match or leveraged funding to report. [ Space below intentionally left blank. ]
DRAFT CAPER 14
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IDENTIFY THE GEOGRAPHIC DISTRIBUTION AND LOCATION OF INVESTMENTS '
Planned% of Actual% of Target Area Allocation Allocation Narrative Description Ceres 16 16 Infrastructure, Public Services, and
Economic Development
Newman 9 9 Infrastructure, Public Services, and
Economic Development
Oakdale 10 10 Infrastructure, Public Services, and
Economic Development
Patterson 11 11 Infrastructure, Public Services, and
Economic Development
Riverbank 9 9 Infrastructure, Public Services, and
Economic Development
Stanislaus Urban County 20 20 Infrastructure, Public Services, and Economic Development
Unincorporated Stanislaus 8 8 Infrastructure, Public Services, and County Economic Development
Waterford 9 9 Infrastructure, Public Services, and
Economic Development
Hughson 8 8 Infrastructure, Public Services, and
Economic Development
Turlock N/A N/A Affordable Housing and Services
Table 4 - Identify the Geographic D1stnbut1on and Location of Investments

NARRATIVE
CDBG funding is allocated among all the Urban County's members based on a population and poverty formula, along with an equitable amount of funding for administration. Stanislaus County, as lead entity, receives a greater percentage of funding for administration. Each member sets their own priority for public infrastructure projects. In many neighborhoods and communities within the Urban County's planning area, public infrastructure is minimal or non-existent, causing this to be a high priority need.

Infrastructure such as sewer, water, curb, gutter, sidewalk, and storm drainage are typical development standards in newer neighborhoods but are non-existent or antiquated in older neighborhoods. The Urban County members each use the majority of their annual CDBG entitlement funds for infrastructure improvement-related projects. CDBG-PSG and ESG funding, are made available for use throughout the entire Urban County planning area. CDBG funding is also used to fund fair housing services throughout the Urban County.

HOME funding is allocated among all the Stanislaus HOME Consortium members based on a population and poverty formula for activities. All members are given the opportunity to propose projects using their HOME allocation, with a requirement that funding for the project(s) must be encumbered for use within six (6) months of the beginning of each fiscal year. Unencumbered funds will be utilized by Stanislaus County, as lead entity, in delivery of eligible housing programs and projects. Programs and projects will be developed through the release of request for proposal (RFP) for housing rehabilitation services, down payment assistant services, and general affordable housing projects for the entire Stanislaus HOME Consortium. The County will retain an ongoing list of projects, developed from RFPs (to be released to DRAFT CAPER 15
OMB Control No: 2506-0117
developers, realtors, and with others interested in participating in affordable housing development) seeking funding for projects. The project list will be prioritized based on community need, project feasibility (i.e., funding, entitlements, design stage, etc.), and time frame for full implementation.

LEVERAGING
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the pian.

LEVERAGING RESOURCES
CDBG and ESG activities leveraged two million five hundred fourteen thousand one hundred sixty-eight dollars ($2,514,168) and one million two hundred fifty-four thousand nine hundred eighty-six dollars ($1,254,986) respectively to support service delivery. The sources of leveraged funding included: private donations, other local funding, program income, and in-kind donations. Match was not required of the CDBG funded service providers during, however, awarded agencies were still required to report the amounts.
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DRAFT CAPER 16
OMB Control No: 2506-0117

FISCAL YEAR SUMMARY - HOME MATCH
Excess match from prior Federal fiscal year $0
Match contributed during current Federal fiscal year $0 Total match available for current Federal fiscal year (Line 1 plus Line 2) $0 Match Liability for current Federal fiscal year $0
Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $0

MATCHING
Under the ESG program (federal and state), fifty percent (50%) of the costs related to the projects are reimbursed and the remainder of the costs paid by non-ESG match funding sources (i.e., local unrestricted donations). In this manner, the subrecipient in turn commits their dollar-to-dollar match by paying the remainder of the expenses from non-ESG sources.

The HOME Program requires that a contribution or match of no less than twenty-five (25) cents for each dollar of HOME funds be spent on affordable housing. HOME housing development projects selected through an RFP process will be subject to meeting the match requirement. For this reporting period there were no housing activity funds expended.
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CR-20 - AFFORDABLE HOUSING 91.520(B)

EVALUATION OF THE JURISDICTION'S PROGRESS IN PROVIDING AFFORDABLE HOUSING, INCLUDING THE NUMBER AND TYPES OF FAMILIES SERVED, THE NUMBER OF EXTREMELY LOW-INCOME, LOWINCOME, MODERATE-INCOME, AND MIDDLE-INCOME PERSONS SERVED.

One-Vear Goal Actual
Number of Homeless households to be
0 0 provided affordable housing units
Number of Non-Homeless households to be
10 0 provided affordable housing units
Number of Special-Needs households to be
0 0 provided affordable housing units
Total 10 0
Table 5 - Number of Households
One-Year Goal Actual
Number of households supported through 0 0 Rental Assistance Number of households supported through 0 0 The Production of New Units Number of households supported through 11 0 Rehab of Existing Units Number of households supported through 0 0 Acquisition of Existing Units Total 11 0
Table 6 - Number of Households Supported

DISCUSS THE DIFFERENCE BETWEEN GOALS AND OUTCOMES AND PROBLEMS ENCOUNTERED IN MEETING THESE GOALS.

As the second year of the Stanislaus HOME Consortium, efforts continued to be focused on establishing the program foundation which included contracting with a housing services provider to assist with preparing policies and procedures and a Request for Proposals (RFP) for housing development projects and services. Efforts also included collaborating with the City of Turlock to develop a joint Request for Proposals (RFP) for housing development and services that recognizes funding from the prior HOME Consortium that are still administered by the City of Turlock.

DISCUSS HOW THESE OUTCOMES WILL IMPACT FUTURE ANNUAL ACTION PLANS.

The Stanislaus HOME Consortium will continue to coordinate at a regional level with the Stanislaus Regional Housing Authority (SRHA), non-profit housing developers, the CSOC (and participating agencies with housing funds), and other entitlement jurisdictions (City of Modesto) to address affordable housing issues as well as homeless prevention strategies. New sources of funding for the planning and development of affordable housing have been made available at the state level and efforts continue throughout Stanislaus County to accelerate affordable and market-rate housing in Stanislaus County; however, while the new source of funding will aid the efforts to address affordable housing needs, the DRAFT CAPER 18
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high cost of developing affordable housing will remain a challenge in getting actual units developed in the volume needed.

State funding has become increasingly dependent on state certification of jurisdictions (cities and counties) General Plan Housing Elements. The members of the Stanislaus HOME Consortium and Urban County continue in their efforts to attain state certification of their respective housing elements. As June 30, 2025, the cities of Ceres, Newman had attained certification.

With respect to HUD funding, there are simply not enough funds available from the yearly CDBG and HOME allocation or remaining one million two thousand eight hundred five dollars ($1,002,805) in NSP Pl to make any significant impact on the Stanislaus HOME Consortium's affordable housing need. The Urban County will continue to use its annual CDBG allocation to: improve the public infrastructure needed to preserve existing affordable housing and support new affordable housing, and to provide fair housing services to assist with tenant/landlord issues. Moving forward in Fiscal Year 2025-2026 the HOME Consortium members will combine their previous through an RFP process. The HOME funding is available will be made available.

INCLUDE THE NUMBER OF EXTREMELY LOW-INCOME, LOW-INCOME, AND MODERATE-INCOME

PERSONS SERVED BY EACH ACTIVITY WHERE INFORMATION ON INCOME BY FAMILY SIZE IS REQUIRED TO DETERMINE THE ELIGIBILITY OF THE ACTIVITY.

Number of Persons Served CDBG Actual Percentage HOME Actual Percentage Extremely Low-income 1,378 72.53% 0 0%
Low-income 516 27.16% 0 0%
Moderate-income 6 0.32% 0 0%
Total 1,900 100% 0 0%
Table 7 - Number of Persons Served

NARRATIVE
The Urban County does not use CDBG funds directly for affordable housing development but does provide CDBG-PSG and ESG funding to assist the homeless and those at risk of becoming homeless with housing needs. ESG demographical information is shown in CR- 65 Persons Served.

During Fiscal Year 2024-2025, nineteen hundred (1,900) individuals received services from the five (5) non-profit service providers awarded CDBG PSG funding and two hundred thirty-five (235) individuals received services from the eight (8) non-profit service providers awarded CDBG CV funding. Services received included: emergency food assistance, utility assistance, respite childcare, case management, shelter services, education classes, and resource referrals.

A total of one hundred thirty-six (136) clients with special needs were assisted in obtaining shelter services through ESG funded programs and a total of thirteen (13) individuals were assisted with ESG funds in finding affordable rental housing.
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CR-25 - HOMELESS AND OTHER SPECIAL NEEDS 91.220(D, E); 91.320(D, E); 91.520(C) EVALUATE THE JURISDICTION1S PROGRESS IN MEETING ITS SPECIFIC OBJECTIVES FOR REDUCING AND ENDING HOMELESSNESS THROUGH:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

The Urban County utilized CDBG PSG and ESG funding to implement outreach strategies to assist in addressing the homeless population. The Urban County awarded grants to non-profit homeless service providers to provide: homeless prevention, case management, food, shelter, and rapid re-housing. All grantees are required to actively participate in the CSOC in an effort to enhance the coordinated outreach and engagement efforts to the homeless population. The Urban County continued to be actively involved in the development and planning of the local CSOC's outreach and engagement efforts to identify needs and gaps in services for the homeless. The CSOC has developed a system for coordinated intake, assessment, and referral that fully complies with federal Coe requirements.

In Fiscal Year 2024-2025, ESG funding was also provided to non-profit service providers to assist with Homeless Management Information System (HMIS) data entry. During the fiscal year, a total of three hundred sixty-nine (369) individuals were sheltered and thirteen (13) individuals obtained housing through ESG funded programs. All Urban County ESG funded non-profits maintain client information in the HMIS system and track the progress of the clients while in the programs. Once out of the programs, progress is difficult to track due to lack of funding to pay for the cost of follow-up.

In addition to federal ESG funding, the County's has also served as the Administrative Entity for the local Continuum of Care (Coe) for California Emergency Solutions Grants (CA-ESG) funding since 2017. CA-ESG funding administered during fiscal year included the annual allocation and the continued expenditure of CA-ESG CV funding used throughout Stanislaus County.

Activities undertaken utilizing CA-ESG CV funding included a youth low barrier shelter with a navigation center that coordinates the needs of homeless and emancipated youth.

The members of the Stanislaus HOME Consortium and Urban County, through participation in the CSOC, continue to engage in homeless discharge coordination through participation in the Stanislaus County Hospital and Shelter Partners (SCHSP) meetings. Since April 2019, the Hospital Council of Northern California has coordinated SCHSP monthly meetings with representatives from local hospitals, homeless shelters, public agencies, and stakeholder groups to plan for the discharge of homeless individuals from health care facilities to comply with SB 1152. The objective has been to create a community standard of care and greater connection and cooperation between discharging and receiving providers of services for the homeless.

Addressing the emergency shelter and transitional housing needs of homeless persons.

Throughout Fiscal Year 2024-2025, the Urban County provided CDBG-PSG and ESG grant funding to various emergency shelters and housing service providers to address emergency shelter needs of homeless persons and households. A total of sixteen (16) emergency shelter clients subsequently received housing assistance and became stably housed.

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The Stanislaus HOME Consortium and Urban County have been working in collaboration with the local CoC, currently recognized as the CSOC, for over twenty-four (24) years to improve services for the homeless and those at risk of homelessness. This collaborative is comprised of the Stanislaus Regional Housing Authority (SRHA), the City of Turlock, the City of Modesto, various County's Departments (Behavioral Health and Recovery Services [BHRS], Community Services Agency [CSA], and Planning & Community Development), shelter providers, housing and housing counseling services providers, faithbased organizations, and over a dozen housing and supportive service providers.

The HMIS sub-committee of the CSOC, continued to work diligently throughout the fiscal year to improve the data quality of the current HMIS system. Through ESG funding from the Urban County, Community Housing and Shelter Services (CHSS) has entered non-HUD funded homeless service providers client information into the HMIS system. This data allows the CSOC's homeless data collection to be a much more valuable tool for tracking individuals patterns into and out of homelessness. Improving data quality will allow funding to be better prioritized to meet homeless population needs within Stanislaus County.

While not funded by the Urban County, the following are some of the facilities available, and efforts undertaken, during the fiscal year to address the emergency shelter and transitional housing needs of homeless persons countywide:

Access Center Emergency Shelter (ACES)
The Access Center Emergency Shelter (ACES), located in the City of Modesto, is a one hundred eightytwo (182) bed, low-barrier, shelter focused on providing shelter to the most vulnerable unsheltered population by decreasing common barriers to individuals accepting shelter service, such as, pets, partners, and possessions. ACES opened November 26, 2019 and operated by the Salvation Army through an agreement approved by the Board of Supervisors on October 1, 2019. Included in the bed count is a twenty-two (22) bed dorm area available for those individuals experiencing homelessness that suffer from a significant mental illness. This dorm-style room reduces instances of victimization and increases the efficacy of therapeutic intervention. The County's Community Assessment Response and Engagement (CARE) Team is also able to use the location to provide case management and shelter to the most vulnerable unsheltered individuals. ACES has also afforded an opportunity for the most vulnerable unsheltered population to be sheltered and connected with case management services, with a strong emphasis on assisting shelter guests to become document ready for entry into the community's coordinated entry housing continuum. Additionally, Stanislaus County Animal Services Agency partnered with ACES to create a healthy pets program. This program provides pet food, crates, and animal health services to pets residing at ACES. A total of six hundred seventeen (617) homeless individuals were provided shelter services this fiscal year.

Empire Cold Weather Family Shelter
The Empire Cold Weather Family Shelter, located in the community of Empire, was initiated by the County's Community Services Agency (CSA) in November 2018 as a partnership with the SRHA. The target population served are families who are currently being case managed in CSA Housing Support Program (HSP) unit, have used all available temporary shelter nights, are still engaged in the search for permanent housing and have been unsheltered the longest based on date of referral to the HSP program.

CSA works in partnership with Community Housing and Shelter Services (CHSS) for placement of DRAFT CAPER 21
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families at the Empire Cold Weather Family Shelter and has an existing contract with CHSS to administer, arrange and facilitate temporary housing services to CalWORKs and Welfare-to-Work eligible families. CHSS also provides case management services, which include assisting and educating participants on their income, household budgets, and housing options; aiding participants in completion of housing applications and landlord outreach; and providing housing search workshops.

The Empire Migrant center consists of ninety (90) dwelling units used for farmworker housing from April to October each year. This project allows CSA to use twenty-two (22) units during the months of November through March. In Fiscal Year 2024-2025, twenty-two (22) families and sixty-four (64) individuals were served with case management services. Of the families served, eighty-seven percent (87%) received permanent housing.

Family Housing Facility (FHF)
In November 2019, CSA began leasing a motel, located in Modesto area, to operate a year-round family shelter using the model implemented at the Empire Cold Weather Family Shelter. The property has twenty-three (23) units and a three (3) room office space.

CSA works in partnership with CHSS for placement at FHF. CHSS services include primary case management oversight which include: assisting participants with household budget, understanding their income, housing options, completing housing application, landlord outreach and housing search workshops, working with families to remove barriers to self-sufficiency, and connecting families to applicable and relevant community resources.

In Fiscal Year 2024-2025, the FHF program continued running at full capacity, served thirty-nine (39) families receiving case management services and employment services/employment connections.

FHF complements the seasonal Empire Cold Weather Shelter by offering continuous availability throughout the year, prioritizing families with longer-term unsheltered status or those nearing exhaustion of temporary shelter nights. Through integrated services and stable housing options, FHF reinforces the County's homelessness prevention and support strategy.

Access Center
On February 3, 2020, the Access Center, a "hub location" for multiple homeless programs and the entry way into the shelter system, opened in the City of Modesto. The Access Center serves as a onestop hub and physical entry point for individuals at-risk of or currently experiencing homelessness to access a wide range of co-located homelessness services including centralized homeless outreach and engagement; housing assessments and navigation; and homelessness support services and referrals.

The Access Center also employs a "meet you where you are" strategy that has specialized homeless outreach workers meet individuals on the street and in homeless encampment areas and encourages individuals to connect to services.

The following partners are co-located at the Access Center: Center for Human Services; Community Housing and Shelter Services; Community Impact Central Valley; Disability Resource Agency for Independent Living; Downtown Streets Team Modesto; Golden Valley Health Centers; Salvation Army - Modesto; Stanislaus County (Behavioral Health and Recovery Services and Community Services Agency); Telecare Corporation; and Turning Point Community Programs.

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ACES provides low barrier shelter, including accommodations for pets, partners, and personal possessions and provides a trauma informed environment with flexible intake and supportive services.

Naomi's House
Naomi's House is a transitional living and shelter program located in the City of Patterson run by Cambridge Academies, a nonprofit founded in 2004 focused on education and shelter assistance.

It provides safe, transitional housing for homeless women and children on the west side of Stanislaus County, including areas like Patterson, Crows Landing, Newman, and nearby communities.

The program uses Cambridge Academies' Enterprise RESTART model - a six to eight (6-8) month residential and workforce development program. It equips residents with life and employment skills such as literacy, goal-setting, conflict resolution, and work readiness, aiming to empower men at Sierra House and women at Naomi's House to pursue employment, education, or training after graduation
Sierra House - City of Riverbank's Shelter & Service Program Sierra House is a residential training and shelter program operated collaboratively by the City of Riverbank and Cambridge Academies. The City acquired the property specifically to offer a structured pathway out of homelessness for vulnerable individuals in the community. The live-in component provides GED and life-skills training alongside case-managed support. Cambridge Academies staff oversee operations.

Adjacent to the main site, their Day-Use Facility offers essential services to Riverbank's unhoused population, including hot showers, clean clothing, and warm meals.

Helping low-income individuals and families avoid becoming homeless, especially extremely lowincome individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The Stanislaus Urban County continued to actively participate in the CSOC to ensure CDBG PSG and ESG funding aligned with countywide efforts to help low-income individuals and families to avoid becoming homeless. CSOC efforts include improving the program planning for homeless funding utilization throughout Stanislaus County and working with private hospitals to encourage the incorporation of rental assistance and case management into discharge planning. CSOC representatives actively collaborate with the County Sheriff's Office and the Probation Department to identify services available for recently discharged parolees to help prevent homelessness among that population. Non-profits awarded CDBG PSG and ESG funding are required to participate in the CSOC as part of the effort to ensure alignment with the broader community efforts to address homelessness and to allow for education opportunities on new community programs that can add value to existing programs.

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Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth} make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.

The Stanislaus Urban County partnered with CHSS, CHS, Turning Point Community Programs, and the We Care Program to help homeless individuals and families make a transition to permanent housing and independent living. With the use of ESG grant funds, both the chronically homeless populations and temporarily homeless households were provided the opportunity to be placed into permanent housing.

While enrolled in these programs, case managers work with each household to set goals and work on a housing action plan in order to identify and connect with any needed services, such as: Temporary Assistance for Needy Families (TANF), Food Stamps, Veteran's Benefits, future employment opportunities, etc. Throughout the fiscal year, ESG shelter, homeless prevention, and rapid re-housing funds placed thirteen (13) homeless individuals into permanent housing. At the end of the fiscal year, eight (8) of those individuals were stably housed.

Center for Human Services and the We Care Program utilized ESG funds to provide emergency shelter to homeless individuals. Clients that showed progress toward self-sufficiency received extended case management in conjunction with rapid re-housing assistance funds to assist in the placement of job and permanent housing placement.
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CR-30 - PUBLIC HOUSING 91.220(H); 91.320(J)
ACTIONS TAKEN TO ADDRESS THE NEEDS OF PUBLIC HOUSING.

In California, public housing is administered directly through local Public Housing Authorities (PHAs). The Stanislaus Regional Housing Authority (SRHA) continues to play a vital role in addressing housing needs across Stanislaus County, particularly for extremely low and very low-income households. The SRHA is the largest property manager of multi-family and single household public housing units for the lower income population of Stanislaus County. And the SRHA also serves as the administrator of the Housing Authority of the City of Riverbank is committed to providing decent affordable housing to its residents and, in doing so, the SRHA keeps public housing units in favorable conditions so that its residents have a safe and healthy living environment. According to the SRHA 2024 PHA Plan, the SRHA currently operates six hundred forty-seven (647) public housing units and four thousand nine hundred twenty-nine (4,929) housing choice vouchers as the SRHA and a combined total of ninety (90) units (all public housing units) as the Housing Authority of the City of Riverbank. The Housing Authority of the City of Riverbank operates sixty (60) units for seniors and thirty (30) family units for low-income households.

The SHRA operates an overall one thousand eight hundred seventy-two (1,872) housing units that include conventional public housing, affordable rental development, and specialized farm labor housing.

As of FY 2024, the housing authority's portfolio includes:
• Six hundred forty-seven (647) public housing units under the Asset Management Program (AMP), located throughout the cities of Modesto, Turlock, Ceres, Oakdale, Patterson, Newman, Hughson, and Westley.
• Five hundred eighty (580) farm labor and migrant worker housing units, providing safe and affordable seasonal housing in rural communities such as Empire, Westley, Patterson, and Ceres. • Five hundred fifty (550) affordable housing units managed independently or in partnership with nonprofit developers, that serve low-income individuals and families, some of which are financed through USDA or other state/federal programs.

These units are managed and maintained by SRHA to HUD standards and contribute to the County's broader affordable housing inventory. The Stanislaus HOME Consortium coordinates closely with SRHA to align planning, voucher administration, and other programs in support of shared housing goals.

Of four thousand nine hundred twenty-nine (4,929) vouchers in Stanislaus County, two hundred twelve (212) vouchers are specifically for homeless veterans (Veterans Affairs Supportive Housing [VASH] vouchers), two hundred seventy (270) vouchers are specifically for reunifying families that are facing homelessness or living in substandard housing with children removed from the home, three hundred eighty (380) are project-based vouchers, and eleven (11) are project-based vouchers for a senior complex in the City of Patterson.

During the fiscal year, SRHA's public housing stock remained a critical component of the affordable housing landscape, particularly as the demand for deeply affordable units outpaced supply across Stanislaus County. The Stanislaus HOME Consortium continues to support regional collaboration and strategic planning to preserve and expand housing opportunities for vulnerable households. The SRHA DRAFT CAPER 25
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and the Stanislaus HOME Consortium have a strong relationship and continue to work together towards furthering decent, safe, and affordable housing throughout the community.

ACTIONS TAKEN TO ENCOURAGE PUBLIC HOUSING RESIDENTS TO BECOME MORE INVOLVED IN MANAGEMENT AND PARTICIPATE IN HOMEOWNERSHIP.

SRHA has a Resident Advisory Board (RAB) which is comprised of PHA and Voucher program participants.

Any time there are substantial policy changes (such as prioritization of the wait list, program termination changes, or areas where there is flexibility in establishing program guidelines), this board must be notified and given an opportunity to respond by either supporting and/or rejecting policy changes. The RAB's determination then goes to the Housing Authority Board of Commissioners (BOC) for consideration of whether to support or reject. The SRHA is required to have program participants sit on their BOC per regulations.

ACTIONS TAKEN TO PROVIDE ASSISTANCE TO TROUBLED PHAS.

There are no PHA's operating within the Stanislaus HOME Consortium area that are troubled and/or that have requested assistance.
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CR-35 - OTHER ACTIONS 91.220(J)-(K); 91.320(1)-(J)

ACTIONS TAKEN TO REMOVE OR AMELIORATE THE NEGATIVE EFFECTS OF PUBLIC POLICIES THAT SERVE

AS BARRIERS TO AFFORDABLE HOUSING SUCH AS LAND USE CONTROLS, TAX POLICIES AFFECTING LAND,

ZONING ORDINANCES, BUILDING CODES, FEES AND CHARGES, GROWTH LIMITATIONS, AND POLICIES AFFECTING THE RETURN ON RESIDENTIAL INVESTMENT. 91.220 (J); 91.320 (I) The Con Plan identifies the following public policies as having the potential to negatively affect affordable housing and residential investment: shortage of affordable housing funding, climate change, environmental protection, growth management, planning and development fees, and prevailing wages.

To address the potential negative effects of these policies, the members of the Stanislaus HOME Consortium strive to consistently review all potential barriers to affordable housing that are within their authority to address (local development standards and development review procedures); to continue to pursue and utilize available funding for mortgage assistance and housing rehabilitation; and to continue to work with, and partner with, housing developers, from the nonprofit and for-profit sectors, to promote the development of affordable housing and special-needs housing.

During the fiscal year, Stanislaus County continued to take steps to address barriers to affordable housing, even though no new construction was completed using CDBG or HOME funds. The Stanislaus HOME Consortium prioritized long-term planning and policy work, including efforts to rezone land in key areas to facilitate the development of affordable housing. These zoning changes are aimed at increasing the availability of multifamily and mixed-use sites, reducing regulatory constraints, and aligning with the County's Housing Element goals. These actions lay the groundwork for future affordable housing projects by improving the feasibility of development and attracting affordable housing developers.

The members of the Stanislaus HOME Consortium continued to take steps to program various state funding sources aimed at increasing the production of housing. Funding sources include the SB 2 Planning Grant and Permanent Local Housing Allocation (PLHA) is an ongoing state funding source that is based on the Stanislaus Urban County's 2017 CDBG entitlement allocation. As such, the funding is targeted for use in the unincorporated areas of Stanislaus County along with cities of: Ceres, Hughson, Newman, Oakdale, Patterson, and Waterford. The City of Riverbank joined the Stanislaus Urban County in Fiscal Year 2020- 2021 and, as such, is eligible for PLHA funding directly from the state. The City of Turlock, although a member of the HOME Consortium also receives its own PLHA allocation from the state. PLHA funding provides for the: acquisition/development of permanent supportive housing, development/preservation of ADUs, fiscal incentives, and multi-family rental housing.

ACTIONS TAKEN TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS. 91.220(K); 91.320(J) The Urban County continuously tries to identify community needs through community and program engagement. Applications for CDBG Public Service Grant (CDBG PSG) and ESG grants are reviewed and scored based on defined criteria that emphasize: collaboration, prevention focused services, and innovative methods to providing public services. The grant review panel for both CDBG PSG and ESG funding is comprised of one representative from each for Urban County members and a representative from the CoC to ensure needs being addressed are reflective of the entire Urban County area and align with efforts being taken by other agencies throughout Stanislaus County.

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A total of three hundred twenty five thousand dollars ($325,000) in CDBG-PSG funds were allocated based on a competitive grant process to which public service providers had the opp'ortunity to apply for grants up to thirty-five thousand dollars ($35,000) and up to fifty percent (50%) of the CDBG public services allocation for prioritization funding for substance abuse-treatment programs. A total of eight (8) grants were awarded to non-profits to provide services such as: food assistance, emergency shelter, counseling, utility assistance, and tutoring to areas and individuals. CDBG funding in the amount of twenty-five thousand dollars ($25,000) for fair housing services was awarded to Project Sentinel. Over nineteen hundred (1,900) individuals received assistance through the CDBG-PSG funded service providers throughout Fiscal Year 2024-2025.

For Fiscal Year 2024-2025, a total of one hundred eighty-nine thousand eight hundred thirty-four dollars ($189,834) in ESG funds were allocated based a competitive grant process. A total of forty-five percent (45%) of the grants awarded went towards emergency shelter programs, forty percent (40%) went toward homeless prevention and rapid re-housing program, seven and a half percent (7.5%) went towards funding data entry for the Homeless Management and Information System (HMIS), and the remaining seven and a half percent (7.5%) went to Stanislaus County for the administration of the ESG program.

Approximately four hundred three (403) homeless persons, or persons at-risk of becoming homeless, were assisted with overnight shelter, emergency food, and housing stability assistance throughout the fiscal year.

In addition to the allocation of Fiscal Year 2024-2025 CDBG and ESG entitlement funding, the remaining Fiscal Year 2023-2024 ESG entitlement funding contracts along with CDBG CV contracted funding were used to provide a variety of services aimed at meeting the needs of the community. Section CR-15 - Resources and Investments states the amounts expended by all funding sources.

ACTIONS TAKEN TO REDUCE LEAD-BASED PAINT HAZARDS. 91.220(K); 91.320(J) The Health Services Agency (HSA) of Stanislaus County is the lead agency for the identification, documentation, and prevention of lead poising in Stanislaus County. HSA works with referrals from schools and other agencies to test for lead-based paint hazards. During the fiscal year, approximately twelve (12) homes were tested and three (3) were found to have contamination. If a housing unit is found to have lead-based paint, the abatement process and consequences of living in a home that is contaminated, is explained to the residents. The Urban County members provide lead-based paint information to all residents that participate in the down payment assistance and/or housing rehabilitation programs. If, during a housing rehabilitation, a housing unit is found to have any lead-based paint issues, information on the dangers of lead-based paint is provided to the property owner and lead abatement is conducted as part of the rehabilitation work. Every effort is made to provide a safe and healthy housing opportunity for clients participating in Stanislaus Urban County funded housing assistance programs.

During the fiscal year, no activities necessitating the need to test for lead-based paint were undertaken.

ACTIONS TAKEN TO REDUCE THE NUMBER OF POVERTY-LEVEL FAMILIES. 91.220(K); 91.320(J) To reduce the number of persons living under the poverty level, the Urban County has continued its partnership with other local entitlement jurisdictions, agencies, and the CSOC, to provide services and resources to families in need.

The Stanislaus Urban County supported local nonprofit agencies through three hundred twenty-five thousand dollars ($325,000) in CDBG PSG and one hundred eighty-nine thousand eight hundred thirtyDRAFT CAPER 28 OMB Control No: 2506-0117
four dollars ($189,834) in ESG funds, which provided services aimed at stabilizing low-income households.

Funded programs included emergency shelter operations, homeless prevention services, housing navigation, and case management. These services support individuals and families in obtaining or maintaining stable housing, reducing the likelihood of continued or recurring poverty.

ACTIONS TAKEN TO DEVELOP INSTITUTIONAL STRUCTURE. 91.220(K); 91.320(J) The strategies identified in the Con Plan for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs are to: 1) continue to work collaboratively with service and shelter providers to identify and address gaps in the service delivery system; and 2) continue to invest time and resources to strengthen the entire Coe system and not one particular agency or organization.

The Stanislaus Urban County continued its active involvement in the Stanislaus Community System of Care (CSOC) to enhance collaboration with homeless service providers, local jurisdictions, and the Housing Authority. Staff participated in regular meetings, coordinated funding strategies, and provided technical assistance to local partners to strengthen program delivery and compliance.

During CDBG PSG and ESG program monitoring, agency-to-agency referrals are reviewed to verify that participants receiving services do not experience gaps in services as they strive to reach their goal of independence from the need of public services.

The CoC, locally recognized as the Stanislaus Community System of Care (CSOC), is a dedicated network of service providers, consumers, and government agencies that work collaboratively to identify where gaps exist and how they can be best addressed. The CSOC continues working to improve coordination among service providers and to further enhance the Coordinated Entry System (CES). The main goal of the CES is to assist service providers with tracking and responding to the needs of individuals that seek services. To date, only a limited number of service providers utilize the HMIS coordinated entry system component to track clients and report program accomplishments.

Building the capacity of non-profits continues to be an important issue for the Urban County and other entitlement jurisdictions (the cities of Modesto and Turlock). The Urban County has partnered with both the cities of Modesto and Turlock to provide technical assistance and trainings to local service providers in the areas of client screening, HMIS data collection, and basic case management requirements.

ACTIONS TAKEN TO ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES. 91.220(K); 91.320(J)
Stanislaus County maintained coordination with the SRHA and other housing and service providers to support the planning of future affordable housing developments. The Stanislaus HOME Consortium County also collaborated with local jurisdictions and community-based organizations on fair housing outreach, housing referrals, and funding alignment.

The Stanislaus HOME Consortium recognizes it cannot work alone in achieving the housing goals outlined in the Con Plan. Therefore, the Stanislaus HOME Consortium participates with and coordinates with the following collaboratives and public housing agency in order to better serve and coordinate the needs of the community:

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Turlock Community Collaborative
This collaborative was formed to deal with homeless issues facing the Turlock community. The group is comprised of concerned community members, faith-based groups, and government agencies working together to deal with issues concerning the homeless and the community. County staff regularly attends and presents to the group on CDBG, ESG and HOME programs throughout the year.

Stanislaus Community System of Care (CSOC)
The CSOC, the locally recognized CoC, is a collaborative comprised of local government agencies, shelter providers, housing and housing counseling services providers, faith-based organizations, and over a dozen housing and supportive service providers. The Stanislaus County's Community Services Agency {CSA}, serving as the Collaborative Applicant {CA}, assists the CSOC to coordinate with service providers, law enforcement, and community members to conduct the County's annual Homeless Point in Time {PIT} Count. The Stanislaus HOME Consortium members participate in efforts to improving the functionality of the CSOC's HMIS, including the CES component, and to update the CES policies and procedures. Fiscal year efforts have also included working with the CSOC's CA on the operations of the HMIS in order to meet HUD's mandate that all ESG program participants are part of and actively entering pertinent universal data elements into the HMIS.

Stanislaus Regional Housing Authority (SRHA)
The SRHA and the Stanislaus HOME Consortium have a strong relationship and continue to work towards furthering decent, safe, and affordable housing throughout the County. The SRHA serves as the administrator for housing rehabilitation and Emergency Sewer Lateral Connection programs for the County. The SRHA also serves on several housing and community development related committees alongside HOME Consortium members.

IDENTIFY ACTIONS TAKEN TO OVERCOME THE EFFECTS OF ANY IMPEDIMENTS IDENTIFIED IN THE JURISDICTION'S ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE. 91.520(A) Project Sentinel, as the Urban County's fair housing service provider, responded to a total of three hundred nineteen (319} calls for landlord/tenant mediation and fair housing information within the Urban County area. A total seven {7} of fair housing cases and fifteen {15} tenant/landlord cases were handled by the agency during the fiscal year. Additionally, Project Sentinel fielded one hundred ninety-six {196} fair housing information and service referral calls, benefiting seven hundred eighteen {718} residents. The U.S. Department of Justice, through their Fair Housing Testing Program, contracts out with fair housing agencies to conduct testing separate from their service agreements with any jurisdiction. Project Sentinel conducted no fair housing tests within the Urban County in Fiscal Year 2024-2025.

Additional Actions Taken to Address Obstacles to Meeting Underserved Needs Some non-profits and community organizations may not be familiar with the HUD funding grant process, the Urban County, working collaboratively with agencies familiar with HUD processes, continued to share program and funding information with service providers and grassroots organizations throughout the community to better meet the needs of the community.

DRAFT CAPER 30
OMB Control No: 2506-0117
An annual Notice of Funding Availability (NOFA) was announced for the release of CDBG and ESG funds for the Public Service Grant cycle. The NOFA included an announcement of a mandatory Grant Technical Workshop and a timeline for the grant cycle. The NOFA was advertised in the local newspaper, The Modesto Bee, in English and Spanish. An e-mail was sent out to all past and current grantees and applicants that had applied in the last five (5) years. County staff also announced the NOFA at the local CSOC meeting, distributed a reminder, and e-mailed the local CSOC agencies a NOFA announcement.

County staff coordinated with Stanislaus Urban County members to distribute the NOFA announcement to service providers working in their respective cities. It is with funds awarded through the NOFA process that the Stanislaus Urban County is able to provide much needed services to communities.

The annual Grant Technical Workshop provides an opportunity for questions and answers. In addition to the workshop, County staff are available via phone, in person, and by e-mail to answer questions throughout the grant application process. Once grant awards are announced, the County also requires grantees to attend a Grantee Technical Workshop prior to receiving their agreements. In the workshop, the policies, procedures, program regulations, requirements, and obligations of the grant are explained.

All grantees receive the information covered in the workshop via email.

Technical assistance is ongoing to those agencies awarded funding and those agencies interested in competing for future funding. Reference, guidance, and support materials are provided upon request, and staff is available to addressing inquiries in person, by phone/virtually, or via email. The Stanislaus Urban County is constantly looking for ways to expand service provider capacity and to encourage public and private partnerships and joint ventures between non-profit and for-profit housing developers. [ Space below intentionally left blank. ]
DRAFT CAPER 31
OMB Control No: 2506-0117
CR-40 - MONITORING 91.220 AND 91.230

EVALUATE THE JURISDICTION'S PROGRESS IN MEETING ITS SPECIFIC OBJECTIVES FOR REDUCING AND ENDING HOMELESSNESS THROUGH:

Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term · compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements.

During the program year, the Stanislaus Urban County continued to implement its monitoring plan to ensure compliance with applicable HUD regulations for CDBG and ESG programs. Monitoring was conducted using a combination of desk reviews, on-site visits (when feasible), and virtual monitoring protocols. Funding and service agreements set clear performance measures, reporting procedures, timeliness, and budgets against which goals are measured. County staff regularly monitors compliance with contracting requirements and performance goals through the implementation and review of quarterly performance reports, reimbursement requests and desk and on-site monitoring. When necessary, County staff provided technical assistance to improve reporting and performance.

ESG financial and program files are reviewed to ensure compliance with 24 CFR Part 576, particularly around participant eligibility, habitability standards, and allowable costs. County staff reviews quarterly ESG statistical tables, narratives, HMIS activity reports, RFF forms and budget printouts, which identify the total funds used/requested by each grantee during that reporting period. ESG funded agencies are provided with ongoing HMIS system training. As part of the ESG monitoring process, only fifty percent (50%) of the costs related to the project are reimbursed, as the remainder of the costs is paid by non-ESG match funding sources (i.e., local unrestricted donations). In this manner, the subrecipient in turn ensures that dollar-to-dollar matching requirements are satisfied by paying the remainder of the expenses from non-ESG sources.

For non-profits awarded CDBG-PSG and ESG funds, County staff conducts an initial technical workshop to provide a comprehensive overview of the quarterly reporting, request for funds, and monitoring processes and requirements. County staff is available to awarded agencies during regular business hours to address technical concerns and questions as they arise. Non-profits that reach a certain performance threshold become eligible for bi-annual monitoring reviews in place of the quarterly reviews.

The County uses a risk-based approach to prioritize monitoring, giving special attention to new subrecipients, high-dollar contracts, or organizations with past performance issues. Subrecipients are evaluated based on factors such as program size, type of activity, complexity, and prior audit findings CITIZEN PARTICIPATION PLAN. 91.105(D); 91.115(D)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The following public comment period, community meeting and public hearing information provided in italics is for public notification purposes and will not be included as part of the final CAPER submitted to HUD:

DRAFT CAPER 32
OMB Control No: 2506-0117
Public comment period: August 8, 2025 to August 2 7 2025. Written public comments must be submitted to the Stanislaus County Planning and Community Development Department by 4:30 p.m. on Wednesday, August 27, 2025. Written public comments can be mailed to 1010 10th Street, Suite# 3400, Modesto, CA 95354 or emailed to [email protected].

As part of the CAPER process the following community meetings are being held:

LIVE MEETING OPTIONS
Meeting Date: September 9, 2025 Meeting Time: 12:00 PM
Meeting Location: 1010 10th Street, Basement Training Room, Modesto, CA 95354 Meeting Date: September 9, 2025 Meeting Time: 6:00 PM
Meeting Location: 1010 10th Street, Basement Training Room, Modesto, CA 95354

VIRTUAL MEETING OPTIONS
Meeting Date:

Meeting Location:

Meeting Link:

Join by Phone:

Meeting ID:

Meeting Date:

Meeting Location:

Meeting Link:

Join by Phone:

Meeting ID:

Meeting Date:

Meeting Location:

Meeting Link:

Join by Phone:

Meeting ID:

September 8, 2025 Meeting Time: 12:00 PM
Via Zoom
https://us06web.zoom.us/j/85154170533?pwd=2wAbSXzhVaJZDFaghD9omORbkH aYlS.1
+1669444 9171 us
85154170533 Passcode: 7eGpQS
September 8, 2025 Meeting Time: 5:30 PM
Via Zoom
https://us06web.zoom.us/j/87350952563?pwd=ASuFgbRpbPQSeaCs40sbT3AazCT cHu.1
+1669444 9171 us
828 7660 0667 Passcode: nMph4y
September 13, 2025 Meeting Time: 10:00AM
Via Zoom
https://us06web.zoom.us/j/82280046460?pwd=tJ2oOg7VpHln4NzNtNjhiNU7qxAo UZ.1
+1669444 9171 us
843 5990 5634 Passcode: PZzQOs
Additional community meetings for the Cities and County will be posted online at:
https://www.stancounty.com/planning/cdbg/notices.shtm

DRAFT CAPER
OMB Control No: 2506-0117
33 A Notice of Public Hearing and Document Availability was released in accordance with the Stanislaus HOME Consortium and Urban County's Citizen Participation Plan advising residents of the availability of the draft CAPER for a fifteen (15) day public review period. The notice was published in both English and Spanish on August 8, 2025 in The Modesto Bee, defining the CAPER review process and how persons, agencies, and interested groups may participate; as well as instructions on how to submit written comments. As part of the public review process, notice of the Draft CAPER was also distributed electronically to the CSOC and to persons registered through the County Planning and Community Development Department's Community Development StanAware electronic notification system. The Draft CAPER was also made available for public review via the County's Planning and Community Development Department website and copies of the Draft CAPER were available for review at the Planning Departments of all the Stanislaus HOME Consortium members.

A public hearing will be held in accordance with the County's Citizen Participation Plan on September 16, 2025, at 6:30 p.m., at Tenth Street Place, the County Administration Building, 1010 10th Street, Board Chambers, Modesto, CA 95354. Notice of the public hearing will be sent out through the County's StanAware electronic notification system, the CSOC list serve, and will be made available by email to community members that had expressed interest in the CAPER. [ Space below intentionally left blank. ]
DRAFT CAPER 34
OMB Control No: 2506-0117
CR-45 - CDBG 91.520(C)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

No changes in the Urban County's program objectives occurred.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI} grants? No.
[ Space below intentionally left blank. ]
DRAFT CAPER 35
OMB Control No: 2506-0117
CR-50 - HOME 24 91.520 (d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations. Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR 92.504 (d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

There are no inspection results to report. The Stanislaus HOME Consortium has not yet funded any projects requiring inspections.

An assessment of the jurisdiction's affirmative marketing actions for HOME units. 91.520 (e) and 92.351 (a )
There are no marketing actions to assess. No home funds have been used for activities requiring marketing actions.

Data on the amount and use of program income for projects, including the number of projects and owner and tenant characteristics?
Not applicable. No program income has been generated by HOME funds to date.

Other actions taken to foster and maintain affordable housing. 24 CFR 91.220 (k) The County advanced efforts to support affordable housing development through rezoning initiatives and updates to planning documents. Stanislaus HOME consortium members continued with efforts to certify and/or implement their respective Housing Elements which include policies that aim to reduce regulatory barriers and encourage the construction of affordable housing units in priority areas, including unincorporated communities and areas of high need.

Stanislaus HOME Consortium continued partnerships with the Stanislaus Regional Housing Authority and local nonprofit developers to identify sites for new affordable housing projects and preserve existing affordable units. Coordination included discussions around leveraging federal and state funds, including HOME, ESG, and PLHA, to support site acquisition, rehabilitation, and new construction. [ Space below intentionally left blank. ]
DRAFT CAPER 36
OMB Control No: 2506-0117
CR-58 - Section 3
TOTAL LABOR HOURS:

CDBG HOME ESG
Total Number of Activities 1 0 0
Total Labor Hours 3,920 0 0
Total Section 3 Hours 0 0 0
Total Targeted Section 3 Worker Hours 0 0 0
QUALITATIVE EFFORTS - NUMBER OF ACTIVITIES BY PROGRAM:

CDBG HOME ESG
Outreach efforts to generate job applicants who are Public Housing. 0 0 0
Outreach efforts to generate job applicants who are Other 0 0 0 Funding Targeted Workers.

Direct, on-the job training (including apprenticeships). 0 0 0 Indirect training such as arranging for, contracting for, or paying 0 0 0 tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs. 0 0 0 Outreach efforts to identify and secure bids from Section 3 1 0 0 business.

Technical assistance to help Section 3 businesses understand and 1 0 0 bid on contracts.

Division of contracts into smaller jobs to facilitate participation by 0 0 0 Section 3 businesses.

Provided or connected residents with assistance in seeking employment including: drafting resumes, preparing for 0 0 0 interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs. 0 0 0
Provided or connected residents with supportive services that 0 0 0 can provide direct services or referrals.

Assisted residents with finding child care. 0 0 0
Assisted residents to apply for or attend community college or a 4 0 0 0 year educational institution.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health 0 0 0 screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents to apply for or attend vocational/technical 0 0 0 training.

Assisted residents to obtain financial literacy training and/or 0 0 0 coaching.

DRAFT CAPER 37
OMB Control No: 2506-0117
Bonding assistance, guaranties or other efforts to support viable 0 0 0 bids from Section 3 businesses.

Provided or connected residents with training on computer use 0 0 0
or online technologies.

Promoting the use of a business registry designed to create 0 0 0 opportunities for disadvantaged and small businesses.

Outreach, engagement or referrals with the state one-stop system, as designed in Section 121 (e) (2) of the Workforce 0 0 0 Innovation and Opportunity Act.

Other. 0 0 0

NARRATIVE
The Urban County had one project, the City of Oakdale's Southwest Downtown Safe Routes to School Project that reported hours as required by Section 3 regulations. The hours are reflected in the table above. There were no Section 3 hours to report for any HOME or ESG projects this last fiscal year. [ Space below intentionally left blank. ]
DRAFT CAPER 38
OMB Control No: 2506-0117
CR-60 - ESG 91.520(G) (ESG RECIPIENTS ONLY)

ESG SUPPLEMENT TO THE CAPER IN E-SNAPS

FOR PAPERWORK REDUCTION ACT

1. RECIPIENT INFORMATION-ALL RECIPIENTS COMPLETE
Basic Grant Information
Recipient Name: STANISLAUS COUNTY
Organizational DUNS Number: 073136772
EIN/TIN Number: 946000540
Identify the Field Office: San Francisco
Identify CoC(s) in which the recipient or
Turlock/Modesto/Stanislaus CoC
subrecipients will provide ESG assistance:

ESG Contact Name
Prefix: Ms.

First Name: Angela
Last Name: Freitas
ESG Contact Address
1010 10th
Street Address 1:

Street
City: Modesto
Phone Number: (209) 525-6330
Fax Number: (209) 525-5911
ESG Secondary Contact
Prefix: Ms.

First Name: Ana
Last Name: San Nicolas
Phone (209) 525-6330
Number:

Suffix: -
Middle Name: -
Title: Planning and Community
Development Director
Street Address 2: Suite 3400
State: CA
Extension: -
Zip Code: 95354
Email Address: [email protected]
Suffix: -
Middle Name: -
Title: Deputy Director
Extension: -
Email: [email protected]

DRAFT CAPER
OMB Control No: 2506-0117
39 2. REPORTING PERIOD-ALL RECIPIENTS COMPLETE
Program Year Start Date
Program Year End Date
07/01/2024
06/30/2026

3. SUBRECIPIENT FORM - COMPLETE ONE FORM FOR EACH SUBRECIPIENT Fiscal Year 2024 ESG FUNDS
*Balance remaining as of June 30, 2025.

Subrecipient or Contractor Name: Stanislaus County-Administration City: Modesto State: CA
Zip Code: 95354 DUNS 073136772
Is subrecipient a victim services No
provider:

Subrecipient Organization Type: Unit of Government
Number:

ESG Subgrant or Contract Award $15,391 (Administration) Amount:

Subrecipient or Contractor Name: Center for Human Services-Youth Low Barrier Shelter
City: Modesto
Zip Code: 95358
Is subrecipient a victim services No
provider:

State: CA
DUNS 179569772
Number:

Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award $77,042 (Shelter)
Amount: *$10,002
Subrecipient or Contractor Name: HAVEN - Emergency Shelter Program City: Modesto State: CA
Zip Code: 95358 DUNS 179569772
Is subrecipient a victim services No
provider:

Number:

Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award $26,830 (Shelter)
Amount: * $00

DRAFT CAPER
OMB Control No: 2506-0117
40 Subrecipient or Contractor Name: Turning Point Community Programs - Rental Assistance Program
City: Modesto State: CA
Zip Code: 95354 DUNS 192648210
Number:

Is subrecipient a victim services provider: No
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $85,962 (Rapid-Re-Housing} *$20,015
Reporting Period
Program Year Start Date: 07 /01/2023
Program Year end date: 06/30/2025
Fiscal year 2023 ESG Funds - Year 2 Carry-Over
*Funds remaining.

Subrecipient or Contractor Name: Stanislaus County-Administration City: Modesto State: CA
Zip Code: 95354-0859 DUNS 073136772
Number:

Is subrecipient a victim services
provider:

No
Subrecipient Organization Type: Unit of Government
$15,623 (Administration)
*$0
ESG Subgrant or Contract Award
Amount:

Subrecipient or Contractor Name: Community Housing and Shelter Services - Rental Assistance Program
City: Modesto State: CA
Zip Code: 95354 DUNS 835658782
Number:

Is subrecipient a victim services provider: No
Subrecipient Organization Type:

ESG Subgrant or Contract Award Amount:

Other Non-Profit Organization
$88,010.40 (Homeless Prevention}
*$0

DRAFT CAPER
OMB Control No: 2506-0117
41 Subrecipient or Contractor Name: We Care Program - Turlock - Emergency Shelter Program
City: Turlock
Zip Code: 95380
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Other !\Jon-Profit Organization ESG Subgrant or Contract Award Amount: $104,683 (Shelter)*$0 [ Space below intentionally left blank. ]

DRAFT CAPER
OMB Control No: 2506-0117
42 CR-65 - PERSONS ASSISTED

4. PERSONS SERVED
4a. Complete for Homelessness Prevention activities.

Number of Persons Total Percentages
Adults 5 100%
Children 0 -
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 5 100%
Table 8 - Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing activities
Number of Persons Total Percentages
Adults 23 79.3%
Children 6 20.6%
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 29 100%
Table 9 - Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter
Number of Persons Total Percentages
Adults 369 100%
Children 0 -
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 369 100%
Table 10 - Shelter Information
4d. Street Outreach
Number of Persons Total Percentages
Adults 0 -
Children 0 -
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 0 - Table 11- Household Information for Street Outreach DRAFT CAPER 43
OMB Control No: 2506-0117
4e. Totals for all Persons Served with ESG
Number of Persons Total Percentages
Adults 397 98.5%
Children 6 1.4%
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 403 100%
Table 12 - Household Information for Persons Served with ESG

6. AGE-COMPLETE FOR ALL ACTIVITIES
Age Total Percentage
Under 18 6 1.4%
18-24 145 35.9%
25-61 229 56.8%
62 and Over 23 5.7%
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 403 100%
Table 13 - Age Information

7. SPECIAL POPULATIONS SERVED-COMPLETE FOR ALL ACTIVITIES Total Persons Total Persons Total Persons
Subpopulation Total Served - Homeless Served-Rapid Served in Emergency Prevention Re-Housing Shelters
Veterans 27 0 0 27
Victims of Domestic 12 1 4 7 Violence
Elderly 15 0 0 15
HIV/AIDS 2 0 0 2
Chronically Homeless 159 0 2 157
Persons with Disabilities:

Severely Mentally Ill 161 1 7 153
Chronic Substance
Abuse 130 1 3 126
Other Disability 157 2 2 153
Table 14 - Special Population Served
[ Space below intentionally left blank. ]
DRAFT CAPER 44
OMB Control No: 2506-0117
CR-70- ESG 91.520(G) - ASSISTANCE PROVIDED AND OUTCOMES

8. SHELTER UTILIZATION
Number of New Units - Rehabbed 0
Number of New Units - Conversion 0
Total Number of bed-nights available 26,645
Total Number of bed-nights provided 25,623
Capacity Utilization 96.17%
Table 15 - Shelter Capacity

9. PROJECT OUTCOMES DATA MEASURED UNDER THE PERFORMANCE STANDARDS DEVELOPED IN

CONSULTATION WITH THE COC(S)
The County regularly updates and utilizes a CDBG and ESG program Desk Guide for subrecipients. This guide was developed and is updated in consultation with the local CoC. The Desk Guide covers both federal and state ESG funds administered by Stanislaus County. Under the CDBG and ESG program, County staff track the progress of individual subrecipients in fulfilling goals and objectives set forth in the Con Plan in order to ensure that programs remain on task. Tracked data is reviewed and entered into the IDIS system on a semiannual basis. If tracked data falls short of the goals and objectives set forth, appropriate adjustments will be made, and notification sent to the respective subrecipients to make them aware of milestones and timeliness needing to be met in order to ensure continued receipt of funding.

The coordinated monitoring process has been established to verify and confirm that grant funds have been used in an eligible and appropriate manner for each and every program funded with CDBG and ESG funds.

County staff reviews quarterly ESG statistical tables, narratives, HMIS activity reports, Request for Funds forms, and budget printouts, which identify the total funds used/requested by each subrecipient during that reporting period. County staff also verifies and cross-references the information on the quarterly budget activity reports. Monitoring visits are also scheduled quarterly by County staff for each grantee to ensure appropriate expenditure of funds. As part of the ESG monitoring process, invoices and accompanying receipts are reviewed for reimbursement eligibility. Once eligibility is confirmed, fifty percent (50%) of the costs related to the project are reimbursed, as the remainder of the costs are paid by a non-ESG match funding sources (i.e., local unrestricted donations). In this manner, the subrecipient in turn commits their dollar-to-dollar match by paying the remainder of the expenses from non-Federal sources.

DRAFT CAPER 45
OMB Control No: 2506-0117
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.e.

City Council Meeting
of September 9, 2025

ACCEPT A PUBLIC UTILITY EASEMENT AND RELINQUISH ACCESS RIGHTS WITHIN THE SOUTHERNMOST 435 FEET OF MORENO A VENUE
RECOMMENDATION:

Staff recommends the Council accept a sixteen (16') foot wide utility easement and relinquish public access to said easement at the southern terminus of Moreno A venue.

BACKGROUND:

During the processing of a Parcel Map for a property located on Prince Road, it was determined that Moreno A venue extends southbound from Inyo A venue approximately 925 feet, terminating at a northern property line for the Westside Village Apartments. While the engineers determined there may be a prescriptive right for the sixteenfoot-wide Moreno Avenue, it was determined that the southernmost 435+/- feet was never officially granted to the City.

ANALYSIS:

To correct this issue, the project engineer and City Engineer have determined that the appropriate course of action would be for the current owners to grant a sixteen-foot-wide utility easement to the City for their two parcels that are adjacent to the southernmost 435+/- feet of Moreno Avenue. Since the roadway does not extend into this area and does not provide access to any properties, it is recommended that public access be relinquished as part of this process.

FISCAL IMPACT:

There is no fiscal impact to the City.

CONCLUSION:

During the routine processing of a Parcel Map application, it was determined that a portion of Moreno A venue lacked recorded documentation. The project engineer and City Engineer determined that the best course of action to rectify this situation was to record a sixteen-foot-wide utility easement as part of the Parcel Map process. In addition, this portion of Moreno A venue does not serve a particular property, and therefore, public access is not necessary. Therefore, staff recommends the Council accept a sixteen (16') foot wide utility easement and relinquish public access to said easement at the southernmost 435+/- feet of Moreno Avenue ATTACHMENTS:

1. Assessor's Parcel Page 128-060

2. Copy of Final Parcel Map
Respectfully Submitted,
Michael
~~~ Holland
City Manager
POR. SE 1/4 SECTION 19 T.7S. R.9E. M.D.B.& M.

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REVISED: 10-27-94 ,12-4-98, 3-28-00 CS, 4-26-07 MF, 1-17-08 MB, 12-1-20 MF
Stanislaus County-All rights reserved
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---
107.1 4' (M)(D)
FD. 3/4• IRON PIPE
NO TAG, (0)
_ _.. ~FD. 3/4" IRON PIPE
(LS. 3407), (D)

USEO FOR LINE USED FOR LINE

BASIS OF BEARINGS
lHE BEARING OF SOUTH OO'Ot '14• WEST FOR THE EAST
LINE OF ~ORENO AVENUE AS SHOWN ON lHAT MAP FlLED
IN lHE OFFICE OF 1HE RECORDER OF STANISLAUS COUNTY
IN VOLUIAE 26 OF SURVEYS AT PAGE 15, WAS USED
AS THE BASIS FOR ALL BEARINGS SHOWN HEREON.

REFERENCES
(A)
(B)
(C)
(D)
(E)
(f)
(G)
REFERS TO VOLUME 26 OF SURVEYS AT PAGE 15, S.C.R.

REFERS TO VOLUME 33 Of MAPS AT PAGE 92, S.C.R. (STONEGATE) REFERS TO DEED INSTRUMENT NO. 010962, S,C.R. (FEB. 17, 1989) REFERS TO VOLUME 21 OF SURVEYS AT PAGE 48, S.C.R.

REFERS TO VOLUME 55 OF PARCEL MAPS AT PAGE 11, S.C.R.

REFERS TO VOLUME 33 OF SURVEYS AT PAGE 96, S.C.R.

REFERS TO JJDGMENT DOCUMENT NO. 2007-0146666, S.C.R. (DEC. 06, 2007) i---~=<--THERE MAY BE A PRESCRIPTIVE RIGHT
1-
w
w
~ PARCEL "2''
VEAST LINE OF THE SOUlllWEST 1/4 OF
1 "o " '"""' "''"''c..u' oou
PARCEL "2''
90,568 S.F.

2.08 ACRES
NOTE: THE LANO DESCRIBED IN
OOCOhlEHT HUMBER 2007-014666 IS hlERGED lllTH ANO 8ECor.IES A PART a' PARCEL 2 '111TH lHE FILING Of THIS t.IAP
FD. 1" IRON PIPE, NO TAG,
1 1.47' WEST OF THE PRINCE
ROAD R/W AND 0.03' SOUTH OF
THE SOUTH LINE OF (D) SEE DETAIL 0
A•
w
0 oi ~ p~
o~
o.
z .....
"':
b
If)
<ri
...
(l)
OF RIGHT-OF-WAY FOR MORENO AVE. (A)
A TI TlE SEARCH PERFORMED TO FIND THE
OWNER OF MORENO Al/f.. PROVED FRUITLESS .

IT APPEARS THAT MORENO AVE. WAS NEVER

GRANTED TO ANYONE AND MAY STILL BE OWNED
BY lHE HEIRS OF JOHN HARRIS PER (D)
V)
w
(.)
z
c.r SOUTH LINE OF PROPERTY
OESCRIBEO IN 0££0
RECORDED FEB. 17, 1989

SEE REFERENCE (C)
FO. l" IRON PIPE, NO TAG, n.~, '7 1 AS PER (D), USED TO ESTABLISH RIGHT-~-WAY LINE OF PRINCE /·'-:f::=:+:=!:~-...:;.S8;8_:;'17~o~B,.;"E __ ___ STREET. l.P. IS 1.47' WEST J 249.08' (M)
SCALE: f" = 40'
LEGEND
OF THE PRINCE ST. R/W ANO

0.03' SOUTH OF THE SOUTH
PROPERTY LINE.

S89i4'27"W, 1.47' (M)
PROPERTY CORNER TO 1.P.
• INDICATES FOUND MONUMENT AS NOTED
DETAIL "A"

NO SCALE
@ INDICATES FOUND 3/4" IRON PIPE IN CITY OF NEWMAN STANDARD

MONUMENT WELL
o INDICATES SET 3/4" X 24" LONG IRON PIPE
W/PLASTIC PLUG STAMPED L.S. 5443
{M) INDICATES MEASURED ON lHIS SURVEY, NOTE ALL DISTANCES ARE MEASURED UNLESS 01HERY41SE NOTED
S.C.R. INDICATES STANISLAUS COUNTY RECORDS
S.F.N. INDICATES SEARCHED FOR NOTI-i1NG FOUND
S.F. INDICATES SQUARE FEET

PARCEL MAP
-1- _j__ .2._B8i7'08!.__2~· M_ S 68'12.0'[
.__ __ 18 78:(11~ N 8818'21" W 249.06'(G)- 16.68 (G) O.N 2007-m:!ff!! 248.16~
N OO'Ol 'f.irl - - ~
1g
--- ~ i

BEING A DIVISION OF A PORTION OF THE SOUTH HALF
11 .54'(11) 11.57'(G) OF SECTION 19, T. 7 S., R. 9 E., M.0.M. (M) 249.0S'(G)

NORTH LINE OF PROPERTY AS

DESCRIBED IN DEED RECORDED IN
S.f .N. 3/4. IRON PIPE VOL. 56 OF DEEDS, PAGE 252
(R.C.E. 28159), (A) SHO~ ON Rff (A)

11.70' (M )(£)
~FD. 7/8" IRON PIPE, NO TAG
ACCEPTED AS 3/4" IRON ROO (E)
S89'40'11''E
\._l__ S.F.N. 3/4" IRON PIPE
(R.C.E. 28159), {A)
. F'O. J/4" IRON PIPE, NO TAG,
ACCEPTED AS SET 3/+• J.P. TAGGED I "LS. 3407" (D), USED FOR LINE. 2645. 78' (M) 26-45. 98' (E)
FD. J/4" IRON PIPE. NO TAG ___./

FOR THE SOUTHEAST CORNER
OF SECTION 19 (E)

CITY OF NEWMAN, STANISLAUS COUNTY, CALIFORNIA
APRIL. 2025

PEN SURVEY
COMPANY, INC.
1121 OAKDALE RD., STE. 6, MODESTO, CA 95355
PH: {209) 526-9724 FX: (209) 526-0472
CITY Of NEWMAN PM NO. 2020-01
ASPEN SURVEY INC. JOB NO. 25-020 SHEET 2 OF 2
OWNER'S STATEMENT:

WE. THE UNDERSIGNED. HEREBY STATE THAT WE ARE THE OWNERS OF. OR HAVE

SOME RIGHT, TITLE OR INTEREST OF RECORD IN THE LANO SHOWN ON THIS

PARCEL MAP, AND WE CONSENT TO THE MAKING AND FILING OF THIS PARCEL MAP IN THE OFFICE OF THE RECORDER OF STANISLAUS COUNTY, CALIFORNIA.

OWNER(S):

ROCCI E. POMETIA AND KATHY M. POMETIA,

HUSBAND AND WIFE, AS JOINT TENANTS
DATED THIS~ DAY OF __.;:.J''-=u.=....;\-1i----- 2025.

ROCCI E. POMETIA
DATED THIS ~ DAY OF ,..i'--"t.A.="'-'~=1-------- 2025.
~)n~ K THY M. POMETIA
ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFlCA TE VERIFIES CJ4L Y THE IDENTITY OF THE INDIVIDUAL ~O SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATIACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

COONTY OF: ~w~ llj~ STATE OF: caUEr~L~
ON "J"'*t Z!.. 2..07..S' BEFORE ME. fyr.u\tA. l. HMri ~ , A NOTARY PU6U~ [~~Y,:f'!~~#\ p.,_, --------
WHO PROVED~ ME; ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSCJ4(5) WHOSE NAME ~S/1'tftf SUBSCRIBED TO THE WITHIN INS~trio~D ACKNOV!t..EDGm TO ME TH~ ~ EXECUJf~Rftl~El~AME IN HISf AUlliORJZED
~A;Jr ), ·~ RlfE~~~ lJPON BEHALFSl~A~I~( E pm~~&f~~frJ. EXECUTED INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJ.JRY UNDER THE LAWS ll'" THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HANO. .
fr4flMM'tf=1 ~- ~ , NOTARY PUBLIC
COhlMISSION NUMBER-· _2.~5~0_0~! !>~.3 _______ _
COMWISSION EXPIRfS· 0t!.:to\of.(' \1, Z.oz..S
PRINCIPLE COUNTY OF BUSINESS 5.to.njb\11.J.A..S
ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL ~O SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATIACHED, AND NOT THE TRUlliFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. ~~TY~F: ~Rltr~ ON JtU~'23, {rl.i~ BEFORE ME.E?fenu'to..L "'4friS , A NOTARY PUBLIC:'' SONA Y PEARED, K~!lj .() M, ttA....,
WHO PROVED TO Mf; ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONOO WHOSE NAME00/1/~ SUBSCRIBED TO THE WlllilN IN~UM~NT AND ACKNOVt1..EDGro ' TO ME TH~~ SflE!ft'lf't EXECUTED THE SAME IN~ ~JR lHEtR- AUTHORIZED ~A~Jrs , ~ m~\~tr~aiM Jt~rLFSl~A~1~""'lHE pm§o~cW~~frJ. EXECUTED E INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJ..JRY UNDER THE LAWS ll'" THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

Wl1NESS MY HAND.
fa 4f!AAtvtJ C · ~ , NOTARY PUBLIC
COMMISSION NUMBER: _2._S~O=~l 3=3~----­
COMMISSION EXPIRES: 0c±nkiec \1\2.0Z'P>
PRINCIPLE COUNTY OF BUSINESS 6\r.. J\ j ::,\o u S
CLERK OF THE BOARD OF SUPERVISOR'S CERTlFICA TE:

THIS IS TO CERTIFY THAT THE O'M'-IERS OF THE PROPERTY SHOWN ON THE Aq:OMPANYlNG MAP HAVE FILED WITH THE BOARD OF SUPERVISORS; (CHECK ONE) U A. A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE lME THE PAYMENT

OF TAXES ANO SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH ARE AT 1HE TIME OF FILING THIS MAP. A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF.
0 B. RECEIPTED TAX SIU. OR BIU.S OR SUCH OTHER EVIDENCE AS MAY BE REQUIRED BY SAID BOARD SH0\\1NG FULL PAYMENT OF ALL APPLICABLE TAXES.

DA TED THIS ~ DAY OF \On.Ml.t I I * 2025. \S
ELIZABE'fl I A. Klt4e} Ke..\\u ~cawi ~~LERK OF THE BOARD Of SUPERVIS~S. .D.- -. - J ,. BY: 1 ktA \ fUO.) • .J ~6 DEPUTY

PRINT NAME
1-1+r ~ e \ c. a onz.A [~
TAX COLLECTOR'S CERTIFICATE:

THIS IS TO CERTIFY THAT THERE ARE NO LIENS FOR ANY UNPAID STATE, COUNTY,

SCHOOLS, MUNICIPAL, OR SPEOAL ASSESSMENTS, EXCEPT SPECIAL ASSESSMENTS OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN ON llilS MAP.

ASSESSOR'S PARCEL NO. 128-060-010 AND 128-060-011
DATED THIS ~ DAY OF ffq J<' Sf

DONNA RILEY
COUNTY TAX COLLECTOR.

BY: Qr/}~ DEPUTY
OANt~ l- (2.o$A ve 5

PRJNT NAME
2025.

CITY PLANNING COMMISSION CERTIFICATE:

THIS IS TO STATE THAT THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE l.lAP AND ACTION TAKEN THEREON BY THE CHY OF NE'MIAN. PLANNING COt.1MISSION AT A REGULAR MEETING HELO ON J..JNE 18, 2020.

DATED 1HIS ~~ DAY OF A..loos.r 2025.

MICHAEL HOLLAND

SECRETARY OF THE PLANNING COMMISSION, CITY OF NEWMAN
BY:~ PRINT NAME
CITY CLERK'S CERTIFICATE:

THIS IS TO CERTIFY THAT AT ITS REGULAR MEETING HELO ON THE __ DAY OF ------, 2.025, THE CITY COUNCIL OF THE CITY OF NEWMAN, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, ACCEPlED ON BEHALF ll'" THE PUBLIC, FOR PUBLIC USE, THE PUBLIC UTIUT'I EASEMENTS AND RELINQUISHMENT OF ACCESS RIGiTS AS SHOWN ON THJS MAP.

DATED THIS ___ DAY OF-------- 2025.

MIKE MAIER
OTY CLERK. CITY OF NEWMAN
BY: ---------- PRINT NAME
SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE Wl1H 1HE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ROCCI POMETTA IN JANUARY, 2023.

I HEREBY STATE THAT 1HIS PARCEL MAP SUBSTANTIALLY CONFORMS TO 1HE APPROVED OR CONOITIONAU. Y APPROVED 1£NTA11VE MAP, If ANY.

AU. MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICA TEO AND ARE SUFFICIENT TO ENABLE THIS SURVEY TO SE RETRACED.

DATED THIS fJ[f DAY OF 4u,1'' rf 2025.
dflt_?: fur== DAVID LEE HARRIS, L.S. 5443
CITY ENGINEER'S STATEMENT:

THIS IS TO CERTIFY THAT I HAVE EXAMINED lHE ACCOMPANYING PARCEL MAP; THAT THE SUBDMS!CJ4 IS SHOWN 1HE SAME AS IT APPEARED ON THE TENTATI~ MAP IF ANY, AND ANY APPROVED ALTERATIONS THEREOF'. lHAT ALL PROVISIONS Of THE SUBDIVISION MAP ACT AND OF THE MUNICIPAL CODE APPLICABLE AT 1HE TIME OF APPROVAL Of lliE TENTATIVE MAP HAVE BEEN COMPLIED WITH.

DATED 1HIS ___ DAY OF -------- 2025.

MARIO 8. GOUVEIA, R.C.E. 53261
aTY ENGINEER, CITY Of NEWMAN
CITY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED nos PARCEL MAP AND I AM SATISFIED 1HAT THE MAP IS TECHNICALLY CORRECT.

DATED THIS --- DAY OF -------- 2025,
NARINDER S. SAHOTA, PLS 8719
RECORDER'S CERTI FICATE:

FILED THJS __ DAY OF ---~-2025, AT _ O'CLOCK _.M.

IN BOOK ___ OF PARCEL MAPS, AT PAGE ______. STANJSLAUS COUNTY RECORDS, AT THE REQUEST OF ASPEN SURVEY COMPANY, INC ..

INSTRUMENT NO. -----

FEE ---- PAID

DONNA UNDER

CLERK RECORDER
BY: ----------- DEPUTY

PRINT NAME

PAR CEL MAP

BEING A DIVISION OF A PORTION OF THE SOUTH HALF
OF SECTION 19, T. 7 S. , R. 9 E., M.D.M.

CITY OF NEWMAN, STANISLAU S COUNTY, CALIFORNIA
APRIL, 2025

PEN URVEY
COMP ANY, INC.
1121 OAKDALE RD., STE. 6, MODESTO, CA 95355
PH: (209) 526- 9724 FX: (209) 526- 0472
CITY OF NEWM AN PM NO. 2020-01
ASPEN SURVEY INC. JOB NO. 25-020 SHEET 1 OF 2
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.

City Council Meeting
of September 9, 2025
INTRODUCTION OF ORDINANCE AMENDING TITLE 4 BUILDING REGULATIONS OF THE

NEWMAN MUNICIPAL CODE, AND ADOPTING BY REFERENCE, THE CALIFORNIA CODE OF REGULATIONS TITLE 24, 2025 EDITION OF THE CA BUILDING STANDARDS CODE RECOMMENDATION:

It is recommended that the City Council conduct a first reading and introduction Ordinance No. 2025- , amending Title 4 Building Regulations of the Newman Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2025 Edition of the California Building Standards Code with amendments.

BACKGROUND:

The model Building Code is updated every three years. This allows the Code to improve and adjust to the newest materials, methods of construction and technological advances in the industry. The city previously updated the Building Code in October 2022.

ANALYSIS:

The California Building Standards Commission adoption of the 2025 Code comes after a comprehensive multi-state agency and stakeholder update of the 2022 Building Code.

The objective is to produce a practical building code that ensures public safety while implementing the most efficient technology available to conserve the state's natural resources and energy use. California's building code is applicable to virtually every commercial and residential structure in the state.

The new 2025 California Building Standards Code contains thirteen parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code, and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green code updates, below are a few noteworthy updates:
• New Part 7 standalone code book for Wildland-Urban Interface (WUI), was Chapter 7A in the CBC. • The Energy and Green codes continue to expand Electric Vehicle Charging requirements to install EV charging infrastructure, including receptacles and chargers, to new multifamily dwellings, single-family homes, hotels, and motels.
• Electric-Ready Buildings: The code encourages electric-ready buildings to facilitate future adoption of cleaner electric technologies for cooking and water heating.

Health and Safety Code Section 18941.5 mandates that the Building Standards contained in the 2025 California Building Standards Code shall be effective 180 days after publication by the California Building Standards Commission. Should these codes not be adopted by ordinance, they become effective by default without any amendments. The proposed effective date for the City of Newman will be January 1, 2026. As part of the adoption process, this Department has made every effort to notify all affected parties of the proposed changes.

FISCAL IMPACT:

None.

CONCLUSION:

In an effort to keep our City Code up to date with State regulations, staff recommends the council introduce the proposed ordinance amending Title 4 of the Newman Municipal Code.

ATTACHMENTS:

1. Ordinance No. 2025- ,

2. Attachment "A" the amended version of Newman Municipal Code Title 4, Building Regulations.

Respectfully Submitted,
b.2?
Chief Building Official
REVIEWED/CONCUR:

Michael Holland
City Manager
ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN AMENDING TITLE 4 BUILDING REGULATIONS - OF THE NEWMAN CITY CODE
The City Council of the City of Newman does ordain as follows:

Section 1.

That Title 4 of the Newman City Code be amended as stated in Attachment "A", attached hereto and made a part hereof by this reference.

Section 2.

All other sections and provisions of Titles 4 shall remain in full force and effect.

Section 3.

That a duly noticed public hearing was held by the City Council on September 23, 2025.

Section 4.

This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the West Side Index, a newspaper of general circulation, published and circulated in the City of Newman and thenceforth and thereafter the same shall be in full force and effect.

Introduced at a regular meeting of the City Council of the City of Newman held on the 9h day of September, 2025 by Council Member , and adopted at a regular meeting of said City Council held on the 23rct day of September 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: .

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

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Newman City Code
Title 4 BUILDING REGULATIONS
Chapters:

4.01 4.02

4.03 4.04

4.05 4.06

4.07 4.08

4.09 4.10
4~11

4.12 4.13

4.14 4.15

4.16 4.17

4.18 4.19

4.20 4.21

4.22 4.23

4.24 4.25
Title 4

BUILDING REGULATIONS
Building Code
Plumbing Code
Electrical Code
Numbering Buildings
Moving Buildings
Television Antennas
Repealed Wild/and-Urban Interface Code
Housing Code
Mechanical Code
Abatement of Dangerous Buildings
Floodplain Management
Administrative Code
The Historic Building Preservation of the City of Newman Repealed
Historical Building Code
Existing Building Code
Energy Code
Repealed
Reference Standard Code
Residential Code
Green Code
Safety Assessment Placards
Small Residential Rooftop Solar Permitting Procedures
Electric Vehicle Charging Station Permitting Procedures Universal Design for Residential Dwellings
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.01 BUILDING CODE
Sections:

4.01.010

4.01.020

4.01.030

4.01.040

4.01.050

4.01.060

4.01.070
Purposes.

Adoption.

Definitions.

Violations and penalties.

Amendments.

Validity.

Board of Appeals.

4.01.010 Purposes.

Chapter 4.01

BUILDING CODE
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 1, 10-22-2002; Ord. 99-11 § 1, 3-23-1999; Ord. 92-9, 7-28-1992)

4.01.020 Adoption.

Those certain documents in book form entitled "California Building Code - ~ 2025 Edition of Title 24 Part 2 Volume 1 and 2," and including Chapter 1, Division II Scope and Administration and the Appendices Chapter FRodentproofing. Chapter G - Flood-Resistant Construction, Chapter H - Signs, Chapter I - Patio Covers, Chapter J - Grading, Chapter K - Central Valley Flood Protection Plan, Chapter N - Replicable Buildings, Chapter 0 - Performance-Based Application, Chapter P - Sleeping Lofts and Chapter 0 - Emergency Housing based on the ±GU 2024 International Building Code, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, one copy of which document is now on file in the Building Department of the City of Newman, except as to portions thereof which are herewith specifically amended, deleted and added to, are hereby adopted by reference together as "California Building Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 2, 10-22-2002; Ord. 99-11 § 2, 3-23-1999)

4.01.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank.

B. The term "Building Official" shall include the term "Chief Building Official," and means the authority having jurisdiction/Director of the Building Department within the Community Development and Services Agency, and his or her deputies or designees. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 3, 10-22-2002; Ord. 99-11 § 3, 3-23-1999; Ord. 92-9, 7-28-1992)

4.01.040 Violations and penalties.

Section 114.4 of the California Building Code as set forth in said Code is omitted, but in lieu thereof a new Section 114.4 is added to read as follows:

Section 114 .4.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.01 BUILDING CODE
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Art. A), 2022; Ord. 2019-5 § 1 (Art. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Art. A), 11-12-2013; Ord. 2010-7 § 1 (Art. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 4, 10-22-2002; Ord. 99-11 § 4, 3-23-1999)

4.01.050 Amendments.

A. Chapter J of the California Building Code Appendix is amended by adding Section Jl 13 thereto, to read:

Section Jl 13 Storm Water Drainage Requirement.

In all cases where proposed construction is for commercial, industrial, or public or quasipublic buildings or structures, for two-family, three-family, four-family, or multi-family dwellings, or for other uses which similarly involve structural ground coverage likely to affect storm drainage in the areas in which they are located, including but not limited to, trailer parks and parking lots, drainage facilities for the property shall be constructed in a manner approved by the Department of Public Works, which may include discharge into a publicly maintained storm drain system or ponding basin. Submission of the drainage plans for approval shall be the responsibility of the owner or the developer of the property on which the construction is proposed, and the application for a building permit shall be accompanied by a drainage plan suitable for review by the Department of Public Works.

B. Section 502.1 of the California Building Code is hereby amended by adding the following subsection:
502.1.2 Address Illumination. Addressing shall be illuminated at night in all new buildings.

Address signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot-candles.

Internally illuminated signs shall provide equivalent luminance. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Art. A), 11-12-2013; Ord. 2010-7 § 1 (Art. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 5, 10-22-2002; Ord. 99-11 § 5, 3-23-1999)

4.01.060 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Art. A), 10- 11-2016; Ord. 2013-3 § 1 (Art. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2002-10 § 6, 10-22-2002; Ord. 99-11 § 6, 3-23-1999; Ord. 92-9, 7-28-1992)

4.01.070 Board of Appeals.

Section 113.5 of the California Building Code is hereby added to read as follows:

Section 113.5 ReaRi Means of Appeals.

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code
Chapter 4.01 BUILDING CODE
The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.02 PLUMBING CODE
Sections:

4.02.010

4.02.020

4.02.030

4.02.040

4.02.050
Adoption.

Purposes.

Penalties.

Board of Appeals.

Validity.

4.02.010 Adoption.

Chapter 4.02

PLUMBING CODE
That certain document in book form entitled "California Plumbing Code, ±W± 2025 Edition of Title 24 Part 5," including Chapter 1, Division II, Administration, and the Appendices thereof, based on the WU 2024 Uniform Plumbing Code, as approved and copyrighted by the International Association of Plumbing and Mechanical Officials (IAPMO) and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, prescribing regulations governing the installation, construction, maintenance, alteration, repair and inspection of plumbing, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the California Plumbing Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 1, 10-22-2002; Ord. 2002-5 § 1, 10-22-2002)

4.02.020 Purposes.

The purposes of this chapter are: providing for the protection of the public health and safety; requiring a permit and inspection for the installation or alteration of plumbing and drainage systems; defining certain terms; establishing minimum regulations for the installation, alteration or repair of plumbing and drainage systems and the inspection thereof; providing penalties for its violations; and repealing conflicting ordinances. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 2, 10-22-2002; Ord. 2002-5 § 2, 10-22-2002; Ord. 90-16, 10-16-1990)

4.02.030 Penalties.

Section 106.3 of the California Plumbing Code is hereby amended to read as follows:

Section 106.3 Penalties.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 3, 10-22-2002; Ord. 2002-5 § 3, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.02 PLUMBING CODE

4.02.040 Board of Appeals.

Section 107.3 of the California Plumbing Code is hereby added to read as follows:

Section 107 .3 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shaii notify the appeilant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 4, 10-22-2002; Ord. 2002-5 § 4, 10-22-2002)

4.02.050 Validity.

The City Council of the City of Newman hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the Code hereby adopted be, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 5, 10-22-2002; Ord. 2002-5 § 5, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.03 ELECTRICAL CODE
Sections:

4.03.010

4.03 .020

4.03.030
Adoption.

Penalties.

Violations.

4.03.010 Adoption.

Chapter 4.03

ELECTRICAL CODE
That certain document in book form entitled "California Electrical Code - ~ 2025 Edition of Title 24 Part 3," based on the~ 2023 National Electrical Code, published by the National Fire Protection Association, 1 Batterymarch Park (P.O. Box 9146), Quincy, MA 02269, and the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, and approved by the United States of America Standards Institute, one copy of which document is on file in the Building Department of the City of Newman, is hereby adopted by reference, and enacted by the City Council of the City of Newman as the "California Electrical Code of the City of Newman," in its present form, except as hereinafter amended, deleted and added to, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-12 § 1, 10-22-2002; Ord. 2002-9 § 1, 10-22-2002)

4.03.020 Penalties.

Annex H Section 80.23(B) of the California Electrical Code is hereby amended to read as follows:

Annex H Section 80.23(B). Penalties.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty ( 180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-12 § 2, 10-22-2002; Ord. 2002-9 § 2, 10-22-2002; Ord. 91-9, 7-16-1991)

4.03.030 Violations.

Annex H Section 80.23(A) of the California Electrical Code is hereby amended to read as follows:

Annex H Section 80.23(A). Violations.

Every person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a separate offense for each ten days thereof during which such violation continues and shall be punishable therefor as herein provided.

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.03 ELECTRICAL CODE
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-12 § 3, 10-22-2002; Ord. 2002-9 § 3, 10-22-2002; Ord. 91-9, 7-16-1991)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.04 NUMBERING BUILDINGS
Sections:

4.04.010

4.04.020

4.04.030
System established.

North, south designations.

Director to supervise.

4.04.010 System established.

Chapter 4.04

NUMBERING BUILDINGS
The following system of numbering the houses in the City is hereby established as follows:

A. South of Fresno Street. All blocks fronting on the streets lying south of Fresno Street, and extending in a southerly direction, shall commence with number one on each street on the southerly line of Fresno Street, and thence continue southerly with 100 numbers to each block to the southern City limits; provided, that the odd numbers be placed on the houses fronting on the westerly line of said streets, and the even numbers be placed on the houses fronting on the easterly line of said streets.

B. North of Fresno Street. All blocks fronting on the streets lying north of Fresno Street and extending in a northerly direction shall commence with number one on each street on the northerly line of Fresno Street, and thence continue northerly with 100 numbers to each block to the northern City limits; provided, that odd numbers be placed on the houses fronting on the westerly side on said streets, and the even numbers be placed on the houses fronting on the easterly side on said streets.

C. East of 0 Street. All blocks fronting on the streets lying east of 0 Street and extending in an easterly direction shall commence with number one on each street on the easterly line of 0 Street, and thence continue easterly with 100 numbers to each block to the eastern City limits; provided, that the odd numbers shall be placed on the houses fronting on the northerly side of said streets and the even numbers be placed on the houses fronting on the southerly side of said streets.

D. West of 0 Street. All blocks fronting on the streets lying west of 0 Street, and extending in a westerly direction, shall commence with number one on each street on the westerly line of 0 Street, and thence continue westerly with 100 numbers to each block to the western City limits; provided, that the odd numbers shall be placed on the houses fronting on the northerly side of said streets, and the even numbers be placed on the houses fronting on the southerly side of said streets. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007)

4.04.020 North, south designations.

All numbers lying north of Fresno Street shall be designated as No. __ North, and all numbers lying south of Fresno Street shall be designated as No. __ South. All numbers lying east of 0 Street shall be designated as No. __ East, and all numbers lying west of 0 Street shall be designated as No. __ West. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 79, 10-22-1918)

4.04.030 Director to supervise.

The work of numbering the houses as above provided shall be under the supervision of the Director of Public Works. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 77-2, 2-8-1977; Ord. 79, 10-22-1918)
The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code
Chapter 4.05 MOVING BUILDINGS
Sections:

4.05.010

4.05.021

4.05.022

4.05.023

4.05.024

4.05.025

4.05.026

4.05.027

4.05.028

4.05.031

4.05.032

4.05.033

4.05.034

4.05.041

4.05.042

4.05.043

4.05.044

4.05.045

4.05.046

4.05.047

4.05.050

4.05.060

4.05.010
A. Defined.

Chapter 4.05

MOVING BUILDINGS
House mover's and relocation permits.

Relocation permits - Application for permit.

Relocation permits - Investigation of applicant.

Relocation permits - Issuance of permit denied.

Relocation permits - Issuance of permit.

Relocation permits - Bond required.

Relocation permits - Conditions of bond.

Relocation permits - Default in performance of conditions.

Relocation permits - Bond period and termination of bond.

House mover's permit - Permit prerequisites.

House mover's permit - Contents of application.

House mover's permit - Action upon application.

House mover's permit - Deposits.

Procedure for house movers - Conditions of permit.

Procedure for house movers - Inspection of structures.

Procedure for house movers - Police escort.

Procedure for house movers - Methods of moving.

Procedure for house movers - Damage to streets.

Procedure for house movers - Deposit deductions.

Procedure for house movers - Red light required.

Insurance.

Appeals.

House mover's and relocation permits.

1. No person shall move any building or structure or any portion thereof over, upon, along or across any public street, alley or sidewalk without a written permit therefor from the City Planning Department. Such permit may be referred to as a "house mover's permit."

2. No person shall relocate any building or structure or any portion thereof upon any premises in the City without a permit therefor. Such permit may be referred to as a "relocation permit." B. Permits Required. No house mover's permit shall be issued until the Planning Director or his/her designee has first issued to the owner of the premises to which the building is to be moved a relocation permit. No relocation permit shall be required if the building or structure is to be moved to a place located outside the limits of the City or if the building or structure is to be used by a governmental agency for a governmental purpose. (Ord. 2022-3 § 1 (Art. A), 2022; Ord. 2019-5 § 1 (Art. A), 10-8-2019; Ord. 2016-4 § 1 (Art. A), 10-11-2016; Ord. 2014-9 § 2, 10-28- 2014; Ord. 2013-3 § 1 (Art. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.021 Relocation permits - Application for permit.

A. Every application to the Planning Department for a relocation permit shall be in writing upon a form furnished by the City and shall set forth such information as may be reasonably required in order to carry out the purposes of this chapter. The application shall have attached thereto:

1. Photograph of the building of not less than eight inches by 10 inches in dimension of all sides of such building or structure, showing the general architectural design and appearance thereof.

2. Plot plan showing proposed location of building.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 11185
Chapter 4.05 MOVING BUILDINGS

3. Plan of reconstruction.

4. Written report of a licensed pest control operator showing whether there is infestation, infection or damage to the building, or any hazardous or dangerous conditions to the structure related to wood-destroying organisms.

B. Such application shall be filed with the Planning Department accompanied by an application fee of $375.00. The application fee shall be in addition to the regular building permit fee required in the City Building Code. (Ord. 2022- 3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007)

4.05.022 Relocation permits - Investigation of applicant.

A. Upon the filing of the application, the City Clerk shall refer the matter to the Planning Commission of the City for its review, and no such permit shall be issued until the same has been approved by said body. The Planning Commission shall set a hearing thereon. Written notice of the time and place of such hearing shall be mailed to the known owners of property within a radius of 300 feet of the property to which said building is to be moved, and notice thereof shall also be posted on said proposed location. Such notice mailed and posted shall set forth the character of the building to be moved, and the place from which and the place to which it is to be moved, in addition to the time and place of hearing upon the application. Such mailing and posting of notices shall be completed at least 10 days before the date of said hearing.

B. Any person aggrieved by the decision of the Planning Commission upon any application for a permit as herein provided may, within 15 days from the date said action is taken by the Planning Commission, appeal to the City Council. Said appeal shall be in writing and filed with the City Clerk. Upon the filing of any such appeal the same shall be set for hearing before the City Council and notice of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices to the owners of all property within a radius of 300 feet of the property to which any building or structure is to be moved, and to the applicant. Such mailing of notices shall be completed at least 10 days before the date of said hearing. After such hearing by the City Council, the City Council may grant or deny the application or may modify in any particular the action taken by the Planning Commission. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.023 Relocation permits - Issuance of permit denied.

No permit shall be issued to relocate any building or structure which in the opinion of the Planning Commission is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsanitary or in such a condition of deterioration or disrepair that its relocation at the proposed site would be materially detrimental to the property or improvements in the district within a radius of 300 feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the City; or if the stru.cture is of a type prohibited, at the proposed location, by any fire district ordinance, or by any other law or ordinance; provided, however, that if the condition of the building or structure in the judgment of the Planning Commission admits of practicable and effective repair, the permit may be issued subject to appropriate conditions as hereinafter provided. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.024 Relocation permits - Issuance of permit.

If the granting of a permit is not prohibited by NCC 4.05.023, the Planning Commission may, after the necessary investigation and hearing, authorize the Planning Director to issue a relocation permit and, in authorizing such permit, may impose such terms and conditions as he may deem reasonable and proper, including but not limited to the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that the relocation thereof will not be materially detrimental to public welfare or to the property and improvements, or either, in the district within a radius of 300 feet of the proposed site to which it is to be moved. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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Chapter 4.05 MOVING BUILDINGS
2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.025 Relocation permits - Bond required.

A. No relocation permit shall be issued by the Planning Director unless the applicant therefor shall first post with the City a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company, authorized to do business in this State, as surety. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to the cost plus 50 percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as such cost is estimated by the Director of Public Works, City Engineer and/or City Manager. In lieu of a surety bond, the applicant may post a bond executed by said owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a "cash bond" for the purposes of this chapter.

B. Any bond executed pursuant to any provision of this chapter shall contain a provision indemnifying and saving harmless the City and each officer or employee thereof from any loss or liability arising out of or resulting from any of the acts done pursuant to the provisions of any such bond or permit. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.026 Relocation permits - Conditions of bond.

Every bond posted pursuant to this chapter shall be conditioned as follows:

A. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Directors of Planning, Public Works and/or City Engineer.

B. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within 90 days after the date of the issuance of the house mover's permit elsewhere in this chapter provided for. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient causes by the Director of Public Works. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016- 4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.027 Relocation permits - Default in performance of conditions.

A. Whenever the Directors of Planning, Public Works and/or City Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond.

B. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Directors of Planning, Public Works and/or City Engineer to be reasonably necessary for the completion of such work.

C. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the City the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10 percent of the said estimated cost. Upon the receipt of such moneys, the City shall proceed by such mode it deems convenient to cause the required work to be performed and completed, but no liability shall be insured therein other than for the expenditure of the said sum in hand therefor.

D. If a cash bond has been posted, notice of default as provided above shall be given to the principal and if compliance is not had within the time specified, the City shall proceed without delay and without further notice or proceedings whatever to use the cash deposit, or any portion of such deposit, to cause the required work to be done by contractor or otherwise in the discretion of the City Manager or his/her designee. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus 10 percent thereof. If upon investigation or failure to secure offers or bids The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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Chapter 4.05 MOVING BUILDINGS
to do said work, it appears that the cash deposit is not adequate to complete the same, the Director of Public Works shall report the facts to the City Council for such action as it shall order after due investigation.

E. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure and to clear, clean and restore the site. If the surety defaults, the Director of Public Works shall report the facts to the City Council for its order, which order may include all actions herein placed in the power of the surety. The City Council may, at its discretion, bring suit against the surety and principal and such other defendants as it may be advised to obtain a judgment authorizing demolishing the building or structure or for such other remedies as the court shall decree.

Costs of such proceeding shall be paid by the principal and surety and other defendants as the court may decree. Any building or structure maintained after default shall constitute a public nuisance and be subject to abatement as such.

F. In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure.

G. No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety engaging in the work of completing, demolishing or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof. The provisions of this subsection as well as all subsections of this section shall also extend to representatives of the City. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.028 Relocation permits - Bond period and termination of bond.

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the City of the performance of all of the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the Director of Public Works, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.031 House mover's permit - Permit prerequisites.

No house mover's permit shall be granted by the City Planning Department except as follows:

A. The applicant must first furnish evidence that the applicant has already been issued a relocation permit for the particular building or structure when such a permit is required by the provisions of this chapter.

B. The applicant shall pay to the City an application fee of $50.00 for each permit requested.

C. A separate application upon a form furnished by the City must be filed, and a separate permit obtained, for the moving of each separate building or structure or portion of a building or structure. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.032 House mover's permit - Contents of application.

Each application for a house mover's permit must show:

A. The kind of building or structure to be moved.

B. The street location or other identifying description from which it is proposed to be moved if such location is within the City, and the street location or other identifying description to which it is proposed to be moved, and the route over, along, across and upon which such building or structure or section or portion thereof is to be moved.

C. The number of sections in which the building or structure will be moved.

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code Page 14/85
Chapter 4.05 MOVING BUILDINGS
D. The time when it is proposed to be moved and within which removal will be completed. (Ord. 2022-3 § I (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.033 House mover's permit - Action upon application.

The Planning Director, immediately upon receipt of such application, shall notify the Chief of Police and Director of Public Works that such application has been filed. The Director of Public Works shall investigate the route designated in the application to ascertain whether the moving of the building can be made without damage to the trees adjacent thereto. If the moving would damage such trees, he shall prescribe another route which will not cause such damage. If the moving of the building requires any tree trimming, such tree trimming shall be performed by a street trimmer designated by the Director of Public Works, and charge an hourly rate equal to the tree trimmer's fully burdened hourly wage for the services of such tree trimmer. (Ord. 2022-3 § I (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.034 House mover's permit - Deposits.

No permit shall be issued to any house mover pursuant to the terms of this chapter until the applicant therefor shall have deposited $500.00 with the City. (Ord. 2022-3 § I (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.041 Procedure for house movers - Conditions of permit.

Where the building or structure is to be moved from one street location to another street location within the City, or from one street location within the City to a place located outside the City, the house mover shall comply with the following conditions with respect to such parcel:

A. Immediately upon removal of said building, securely cap and seal all gas, water and oil pipes disconnected from the building.

B. Securely seal all sewer and other sanitary facilities remaining on the land.

C. Fill with dirt, sand or small rock all openings and excavations in the land, including cesspools and septic tanks, if any.

D. Remove therefrom all refuse, debris, old foundations, walls, slabs, waste material and other impediments.

E. Within 10 days after such removal, the house mover shall file a letter with the Director of Public Works certifying that all of the provisions of this section have been complied with. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.042 Procedure for house movers - Inspection of structures.

Every building or structure or section or portion thereof moved over, upon, along or across any street shall be moved under the inspection and supervision of the Director of Public Works. The Director of Public Works shall appoint an Inspector for the moving of any building or structure and of each section or portion thereof; provided, that in case two or more buildings or structures, or two or more sections or portions thereof, are being moved at the same time along a route or routes so situated that one person can inspect the same, only one person shall be appointed therefor.

Such inspection and supervision in each case shall be for such time as the Director of Public Works shall deem necessary for the performance of such service and a charge of an hourly rate equal to the Inspector's fully burdened hourly wage or fraction thereof shall be made for the time required for such inspection and supervision. (Ord. 2022- 3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007)

4.05.043 Procedure for house movers - Police escort.

The Director of Public Works shall notify the Chief of Police of the time of moving the building through the public streets. If the Chief of Police determines that the protection of the public requires a police escort, he shall provide The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 15/85
Chapter 4.05 MOVING BUILDINGS
such escort and charge an hourly rate equal to the City's average fully burdened police officer hourly wage or fraction thereof shall be made therefor. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.044 Procedure for house movers - Methods of moving.

A. It shall be the duty of any house mover when required by the Director of Public Works to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the moving of any building or structure, or section or portion thereof, along every street improved in any other manner than by Portland cement, concrete, asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve, except upon such board runway when the same is required by the Director of Public Works.

B. The Director of Public Works may direct that steel- or rubber-tired dollies may be used when any building or structure is moved on any unimproved or oil, gravel street.

C. In the event that the equipment of the house mover is not sufficient for the work required, or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving or if such house mover or his servants or employees at any time violate any of the terms, conditions or restrictions of the permit required by NCC 4.05.041 either as to the size or dimensions of the building or structure being moved or the route of such moving, or otherwise, the Inspector shall report such fact to the Director of Public Works and, when properly authorized by the Director of Public Works, the Inspector shall be empowered to stop the progress of such moving. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.045 Procedure for house movers - Damage to streets.

In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Director of Public Works shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building or structure or section or portion thereof. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.046 Procedure for house movers - Deposit deductions.

There shall be deducted from each deposit the cost of the service of the Inspector provided for in NCC 4.05.042, the cost of the tree trimmer provided for in NCC 4.05.033, the cost of the police escort provided for in NCC 4.05.043, and the cost ofrepairs, if any, made by the Director of Public Works as provided in NCC 4.05.045. The remainder of such deposit, if any, shall be refunded to the person making such deposit or to his assigns. In case the deposit made pursuant to NCC 4.05.034 shall not be sufficient to pay the cost of the service of the Inspector, the police escort, the tree trimmer and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the City a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction. No permit fee shall be required for the moving of temporary buildings or structures over public streets or alleys if such buildings or structures are to be used for a governmental purpose. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.047 Procedure for house movers - Red light required.

No person moving any building or structure or section or portion thereof over, upon, along or across any street, alley or sidewalk shall fail, neglect or refuse to keep a red light illuminated at all times between sunset and sunrise at each comer of such building or structure or section or portion thereof, and at the end of any projection thereon while the same or any part thereof is located in or upon any street, alley or sidewalk. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 16/85
Chapter 4.05 MOVING BUILDINGS

4.05.050 Insurance.

A. No permit to move a building authorized by the Planning Director or other City officer shall be issued until the permittee has filed with the City a policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company authorized to do business in the State of California.

B. Said policy shall insure the permittee and shall inure to the benefit of any and all persons suffering loss or damage either to person or property by reason of wrongful or negligent acts in moving the building. Said policy shall also contain a clause or special endorsement indemnifying and saving harmless the City, its officers, agents and employees against any loss, damage, costs and expenses which may in anywise accrue against the City, its officers, agents or employees in consequence of the granting of the permit for moving any building.

C. Such policy, at a minimum, shall include the foiiowing:

1. General liability (including operations, products and completed operations): $1,000,000 per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile liability: $1,000,000 per accident for bodily injury and property damage.

3. Workers' compensation: As required by the State of California.

4. Employer's liability: $1,000,000 per accident for bodily injury or disease.

D. Such policy shall certify therein that it shall not be cancelled except upon 30 days' prior written notice thereof to the City. Said liability insurance shall be a continuing liability up to the full amount thereof notwithstanding any recovery thereon.

E. The City Manager, in his/her discretion, may require additional insurance coverage(s) and/or higher limits of coverage. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.060 Appeals.

Any person aggrieved by any decision of the Planning Director, Director of Public Works and/or Chief of Police in carrying out the provisions of this chapter may, within 10 days after decision, appeal to the City Council by filing a written notice thereof with the City Clerk, and the City Council shall hold a hearing on the matter and its decision thereon shall be final and conclusive. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 77-2, 2-8-1977; Ord. 282, 4-8-1975) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.06 TELEVISION ANTENNAS
Sections:

Definitions.

Permit required -Fees.

Technical requirements.

Chapter 4.06

TELEVISION ANTENNAS

4.06.010

4.06.020

4.06.030

4.06.040

4.06.050
Electrical Inspector - Rights, duties and powers.

Existing antennas.

4.06.010 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

"Antenna" means the outdoor portion of the receiving equipment used for receiving or radiating television waves. "Height" means the overall vertical length of the antenna system above the ground, or, if such system be located on a building, then above that part of the level of such building upon which the system rests. "Mast" means that portion of the outside antenna system to which the antenna is attached, and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation, excluding towers. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.06.020 Permit required - Fees.

A. No person shall erect a television antenna mast or tower or add to or replace the guy lines and fastenings on an existing mast without obtaining a permit from the Electrical Inspector.

B. Before a permit is issued, a permit fee of $1.00 shall be paid to the Electrical Inspector.

C. A reinspection fee of $1.00 shall be made for each trip when extra inspections are necessary due to any of the following reasons:

1. Wrong address on permit.

2. Condemned work resulting from faulty construction.

3. Repairs or corrections not made when inspection is called.

4. Work not ready for inspection when called. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.06.030 Technical requirements.

It shall be unlawful for any person hereafter to install, repair or maintain, either as owner or as agent, servant or employee of the owner, or as an independent contractor for the owner, or otherwise, any outside television antenna, or to make any additions to, or substitutions for, said antenna, except in accordance with the following rules and regulations:

A. Materials, Height. Every mast and antenna hereafter erected shall be of noncombustible and corrosive-resistant material, except that in the case of ground support a wooden pole may be used when adequately treated with a wood preservative. No mast or antenna hereafter erected shall exceed the maximum height of 45 feet above a roof support and 65 feet above a ground support; provided, however, that in areas where reception is affected by obstruction or ground elevation, special permission may be granted by the Electrical Inspector upon request to exceed the abovespecified height limitations.

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code Page 18/85
Chapter 4.06 TELEVISION ANTENNAS
B. Mounting. Every mast and antenna installed on a roof shall be mounted on its own platform or plate covering one or more rafters of the roof. Whenever a plate is used, it shall be of wood at least two inches thick, six inches wide and 18 inches long, or of metal one-eighth inch thick, six inches wide and 12 inches long.

C. Method of Erection. Masts shall be erected by means of the telescope method, and the base of the mast shall be at least one and three-fourths inches in diameter, and at least three-fourths inch in diameter at the top of the mast except that no rotor shall be mounted on any mast the top dimension of which is less than one inch in diameter.

Masts shall be made of tubing material of a minimum thickness of 16 gauge. Each mast shall be securely fastened to the building structure by not less than three guy wires as equally separated as is practically possible and guyed every 10 feet in height. Guy wires shall be at least 20-gauge, six-strand galvanized cable. The distance that the guy wire shall be fastened from the base of the television mast shall be the ratio of one-third of its height; e.g., a 45-foot mast shall be guyed at least 15 feet away from the mast.

D. Wind Load Requirements. Notwithstanding any other provisions of this chapter, antennas shall be designed and installed to withstand a wind pressure of 25 pounds per square foot.

E. Anchor Screws. Anchor screws or lead expansion shields must be used in masonry at anchor points of masts and guy wire supports.

F. Eye Bolts. All eye bolts shall be galvanized and a minimum of one-quarter inch in diameter, set one and one-half inches into wood.

G. Public Ways. In no case shall an antenna be installed nearer to the street, sidewalk or any primary power line than the height of the antenna plus 10 feet unless approved by the Electrical Inspector, and no wires, cables or guy wires shall cross or extend over any part of any street or sidewalk.

H. Safety Wire. Whenever it is necessary to install an antenna near primary power lines (2,200 volts or over), or where damage would be caused by its falling, a separate safety wire shall be attached to the top of the mast and secured to a separate eye bolt in a direction away from the hazard.

I. Fire Protection. No antenna shall be installed in such a manner as to prevent access to any building for fire fighting or fire prevention purposes.

J. Grounding. Each mast and tower shall be grounded at its lowest point with wires of at least No. 8 copper, or with other conductors of equivalent carrying capacity. Ground shall be a cold water pipe, if available, or if not, by an approved ground rod driven a minimum of six feet into the ground and fastened with an approved ground connector.

Grounding means shall be by approved grounding fittings. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 216, 9-8-1959)

4.06.040 Electrical Inspector - Rights, duties and powers.

A. The Electrical Inspector, or his authorized assistants, shall be authorized to inspect any television antenna hereafter erected to ascertain if the work has been done in a workmanlike manner and in compliance with this chapter.

B. Nothing contained in this chapter shall be construed to prevent the City, through a duly authorized Inspector, from inspecting any antenna system in use in the City, heretofore or hereafter installed, in order to ascertain whether or not the same is reasonably safe to life or property. In case any condition is found which might result in danger to life or property, the Electrical Inspector is authorized to give written notice to the owner or operator of such antenna at his last known address, specifying the dangerous condition, indicating the corrective action that must be taken to make the same safe, and requiring the same to be corrected within five days after such notice, or, in the case of serious safety hazards, within such shorter time as the Electrical Inspector may specify, not less than 48 hours after such notice. If such conditions are not corrected within such time, the maintenance thereafter of any such defective installation by the owner or use thereof shall be unlawful. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 216, 9-8-1959) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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Chapter 4.06 TELEVISION ANTENNAS

4.06.050 Existing antennas.

Every television antenna erected prior to the effective date of the ordinance codified in this chapter may be maintained and operated in its present location,_ unless said antenna is so constructed and maintained as to be unsafe and dangerous as determined by the Electrical Inspector in accordance with the provisions of NCC 4.06.040. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 216, 9-8-1959) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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Chapter 4.07 California Wildland-Urban Interface
Chapter 4.07
SWll\'IMINC POOL, SPA, }...,_"'JD HOT TUB CODE
(Repealed by Ord. 2013 3)

WILDLAND-URBAN INTERFACE CODE
Sections:

4.07.010 Purposes.

4.07.020 Adoption.

4.07.030 Definitions.

4.07.040 Violations and penalties.

4.07.050 Validity,

4.07.060 Board of Appeals.

4.21.010 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb. health. property and the public welfare by regulating and controlling the design. construction. quality of materials. use and occupancy. location and maintenance of all buildings and structures within the City of Newman.· to encourage and instruct people to build safely and economically. rather than to discourage building.· and to provide a minimum ofrestrictive enforcement and a maximum ofgood building information.

4.21.020 Adoption.

Those certain documents in book form entitled "California Wild/and-Urban Interface" - 2025 Edition of Title 24 Part 7. including appendix chapters as approved and copyrighted by the International Code Council (ICC). 4051 West Flossmoor Road. Country Club Hills. IL 60478. one copy of which document is now on file in the Building Department ofthe City of Newman. except as to portions thereof which are herewith specifically amended. deleted and added to. are hereby adopted by reference together as the "California Wild/and-Urban Interface of the City of Newman. " and from the date on which the ordinance codified in this chapter shall take effect. the provisions thereof shall be controlling within the corporate limits of the City of Newman

4.21.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank.

B. The term "Building Official" shall include the term "ChiefBuilding Official." and means the authority having jurisdiction/Director of the Building Department within the Community Development and Services Agency. and his or her deputies or designees.

4.21.040 Violations and penalties.

Section 114.4 of the California Building Code. Part 2 as set forth in said Code is omitted. but in lieu thereof a new Section 114. 4 is added to read as follows:

Section 114. 4.

It shall be unlawful for any person. firm. or corporation to erect. construct. enlarge. alter. repair. move. improve. remove. convert or demolish. equip. use. occupy. or maintain any building or structure in the City of Newman. or cause or permit the same to be done. contrary to or in violation of any of the provisions of this Code.

Any person. firm or corporation violating any o(the provisions of this Code shall be deemed guilty of a misdemeanor. and each such person shall be deemed guilty of a separate offense The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.07 California Wildland-Urban Interface
for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed. continued. or permitted. and upon conviction of any such violation. such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days. or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation.

4.21.050 Validity.

The City Council of the City of Newman hereby declares that should any section. paragraph. sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional. it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional.

4.21.060 Board o{Appea/s.

Section 111 ofthe California Wild/and-Urban Interface. Part 7 is hereby added to read as follows:

Section 112 Means of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision o(the building official may appeal in writing to the City Council of the City of Newman. which statement shall specifj; the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be senl by mail. At the next regular meeting afier filing of such appeal. the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notifj; the appellant by mail of the time and place of such hearing. and such hearing may take such evidence as it shall deem proper. and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.08 HOUSING CODE
Sections:

4.08.010

4.08.020

4.08.030

4.08.040

4.08.050

4.08.060
Purposes.

Adoption.

Definitions.

Interpretation and appeals.

Violations and penalties.

Validity.

4.08.010 Purposes.

Chapter 4.08

HOUSING CODE
The purposes of this chapter are to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public in the incorporated area of the City of Newman by regulating the erection, construction, enlargement, alteration, repair, removal, conversion, use and maintenance of all buildings or portions thereof used, or designed, or intended to be used, for human habitation; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 1, 3-23-1999; Ord. 92-8, 7-28-1992)

4.08.020 Adoption.

That certain document in book form entitled "Uniform Housing Code, 1997 Edition" including the appendices thereof, as approved and copyrighted by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, one copy of which is now on file in the Building Department of the City of Newman, is adopted and enacted as the "Housing Code of the City of Newman" in its present form, except as to certain portions of said Uniform Housing Code, 1997 Edition, which are hereafter specifically amended. (Ord. 2022- 3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 2, 3-23- 1999)

4.08.030 Definitions.

Wherever the following words appear in the Uniform Housing Code, they shall be deemed to mean:

A. "City" shall mean the incorporated area of the City of Newman.

B. "State" shall mean the State of California. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 3, 3-23-1999; Ord. 92-8, 7-28-1992)

4.08.040 Interpretation and appeals.

Section 203 of the Uniform Housing Code is hereby amended to read as follows:

Section 203
In order to provide for a final interpretation of the provisions of this ordinance and to hear appeals provided for hereunder, the City Council is hereby designated as a Board of Appeals.

Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail.

At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the council and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.08 HOUSING CODE
Building Official, with a duplicate copy to the appellant. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 4, 3-23-1999; Ord. 92-8, 7-28-1992)

4.08.050 Violations and penalties.

Section 204 of the Uniform Housing Code, 1997 Edition, as set forth in said Code, is omitted, but in lieu thereof a new Section 204 is added to read as follows:

Section 204.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00, or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 5, 3-23-1999)

4.08.060 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any portion as may be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10- 11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 99-14 § 6, 3-23-1999; Ord. 92-8, 7-28-1992)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.09 MECHANICAL CODE
Sections:

4.09.010

4.09.020

4.09.030

4.09.040

4.09.050
Purposes.

Adoption.

Interpretation and appeals.

Violations and penalties.

Validity.

4.09.010 Purposes.

Chapter 4.09

MECHANICAL CODE
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 1, 10-22-2002; Ord. 2002-6 § 1, 10-22-2002; Ord. 92-11, 7-28-1992)

4.09.020 Adoption.

That certain document in book form entitled "California Mechanical Code - ~ 2025 Edition of Title 24 Part 4," including Chapter 1, Division II, Administration, and the Appendix thereof, based on the WU 2024 Uniform Mechanical Code, as approved and copyrighted by the International Association of Plumbing and Mechanical Officials (IAPMO) and the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "California Mechanical Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2002-13 § 2, 10-22-2002; Ord. 2002-6 § 2, 10-22-2002)

4.09.030 Interpretation and appeals.

Section 107 .1 of the California Mechanical Code is hereby amended to read as follows:

Section 107 .1
In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, the City Council shall appoint a Board of Appeals in accordance with administrative regulations of the Building Codes. Any person dissatisfied with any decision of the Building Official may appeal in writing to the Board of Appeals, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail.

At the next regular meeting after filing of such appeal, the Board shall set the same for hearing for a time not later than the next regular meeting and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant. The decision of the Board of Appeals on such appeal may be appealed in writing to the City Council by any person. Said appeal shall be set for hearing for a time not later than the next regular meeting of the Council. Notification of hearing and action shall be the same as indicated above for the Board of Appeals.

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.09 MECHANICAL CODE
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 3, 10-22-2002; Ord. 2002-6 § 3, 10-22-2002)

4.09.040 Violations and penalties.

Sections 106.1 and 106.3 of the California Mechanical Code, as set forth in said Code, are omitted, but in lieu thereof new Sections 106.1 and 106.3 are added to read as follows:

Section 106.1 General:

It shall be unlawful for any person, firm or corporation, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilation, cooling or refrigeration equipment in the jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Code. Maintenance of equipment which was unlawful at the time it was installed, and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code.

Section 106.3 Penalties:

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00, or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 4, 10-22-2002; Ord. 2002-6 § 4, 10-22-2002)

4.09.050 Validity.

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 5, 10-22-2002; Ord. 2002-6 § 5, 10-22-2002; Ord. 92-11, 7-28-1992)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4. 10 ABATEMENT OF DANGEROUS

BUILDINGS
Chapter 4.10

ABATEMENT OF DANGEROUS BUILDINGS
Sections:

4.10.010

4.10.020

4.10.030

4.10.040

4.10.050

4.10.060
Purpose.

Adoption.

Definitions.

Interpretation and appeals.

Violations and penalties.

Validity.

4.10.010 Purpose.

The purpose of this chapter is to provide a just, equitable, and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 1, 3-23-1999; Ord. 92-12, 7-28-1992)

4.10.020 Adoption.

That certain document in book form entitled "Uniform Code for the Abatement of Dangerous Buildings - 1997 Edition," as approved and copyrighted by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, one copy of which document is now on file in the Building Department of the City of Newman, is hereby adopted by reference and enacted by the City Council of the City of Newman as the "Dangerous Buildings Code of the City of Newman" in its present form, except as certain portions thereof are hereinafter specifically amended, deleted or added to, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 2, 3-23-1999)

4.10.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherein the City or the State is left blank.

B. The term "Building Official" shall include the term "Building Inspector." C. "Fire Marshal" shall mean "Fire Chief." (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 3, 3-23-1999; Ord. 92-12, 7-28-1992)

4.10.040 Interpretation and appeals.

Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:

Section 205.

In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, the City Council is hereby designated as a Board of Appeals. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail.

At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and the place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.10 ABATEMENT OF DANGEROUS

BUILDINGS
Building Official, with a duplicate copy to the appellant. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 4, 3-23-1999)

4.10.050 Violations and penalties.

Section 203 of the Uniform Code for the Abatement of Dangerous Buildings as set forth in said Code is omitted, but in lieu thereof a new section is added to read as follows:

Section 203.

It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain, any building, structure or premises or cause or permit the same to be done in the City of Newman contrary to or in violation of any of the provisions of this Code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than 180 days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 5, 3-23-1999)

4.10.060 Validity.

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 6, 3-23-1999; Ord. 92-12, 7-28-1992) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.11 FLOODPLAIN MANAGEMENT
Sections:

4.11.010

4.11.020

4.11.030

4.11.040
Chapter 4.11

FLOODPLAIN MANAGEMENT
Article I. Statutory Authorization, Findings of Fact, Purpose and Methods Statutory authorization.

Findings of fact.

Statement of purpose.

Methods of reducing flood losses.

Article II. Definitions

4.11.050 Definitions.

4.11.060

4.11.070

4.11.080

4.11.090

4.11.100

4.11.110

4.11.120

4.11.130

4.11.140

4.11.150

4.11.160

4.11.170

4.11.180

4.11.190

4.11.200

4.11.210

4.11.220

4.11.230

4.11.240

4.11.250
Article III. General Provisions
Lands to which this chapter applies.

Basis for establishing the areas of special flood hazard.

Compliance.

Abrogation and greater restrictions.

Interpretation.

Warning and disclaimer of liability.

Severability.

Article IV. Administration
Establishment of development permit.

Designation of the Floodplain Administrator.

Duties and responsibilities of the Floodplain Administrator.

Appeals.

Article V. Provisions for Flood Hazard Reduction
Standards of construction.

Standards for utilities.

Standards for subdivisions.

Standards for manufactured homes.

Standards for recreational vehicles.

Flood ways.

Nature of variances.

Appeal Board.

Conditions for variances.

Article VI. Variance Procedure
Article I. Statutory Authorization, Findings of Fact, Purpose and Methods

4.11.010 Statutory authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Newman does hereby adopt the following floodplain management regulations. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord.

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code Page 29/85
Chapter 4.11 FLOODPLAIN MANAGEMENT
2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.1 , 9-12-2000; Ord. 95-1, 3-28- 1995)

4.11.020 Findings of fact.

A. The flood hazard areas of the City of Newman are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities also contributes to the flood loss. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.2, 9-12-2000; Ord. 95-1 , 3- 28-1995)

4.11.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.3, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions to:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord.

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code Page 30/85
Chapter 4.11 FLOODPLAIN MANAGEMENT
2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.4, 9-12-2000; Ord. 95-1, 3-28- 1995)
Article II. Definitions

4.11.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. For floodplain management purposes, the term inciudes only accessory structures used for parking and storage.
"Alluvial fan" means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision ofthis chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "special flood hazard area (SFHA)." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). "Base flood" is the term used throughout this chapter. "Basement" means any area of the building having its floor subgrade - i.e., below ground level- on all sides.

Building. See "structure."
"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, flood control projects, and other land-disturbing activities. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 29, 1978.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood," "flooding," or "flood water" means:

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 31 /85
Chapter 4.11 FLOODPLAIN MANAGEMENT

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway.
"Flood Hazard Boundary Map (FHBM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source.

See "flooding."
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1, TB 3, and TB 7 for guidelines on dry and wet floodproofing.)
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Also referred to as "regulatory floodway."
"Flood way fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted when it is demonstrated that no rise in the BFE will occur. "Fraud and victimization" as related to Article VI, Variance Procedure, of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Newman City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include longterm storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Article VI, Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.

Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapprovai of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement").

1. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
a. The wet floodproofing standard in NCC 4. l 1.170(C)(3); b. The anchoring standards in NCC 4.11.170(A);
c. The construction materials and methods standards in NCC 4.11.170(B); and d. The standards for utilities in NCC 4.11.180.

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

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2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement"). This prohibition includes below-grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Market value" means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods:

1. Actual cash value (replacement cost depreciated for age and quality of construction);

2. Tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or

3. A qualified independent appraiser.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after September 29, 1978, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 29, 1978. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One-Hundred-Year Flood or 100-Year Flood. See "base flood. " "Public safety and nuisance" as related to Article VI, Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area. See "area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al -A30, AE, A99, or AH. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of an historic structure; provided, that the alteration will not preclude the structure's continued designation as an historic structure.
"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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"Water surface elevation" means the height, in relation to the North American Vertical Datum of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2021-2 § 1, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10- 8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11- 12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 2.0, 9-12-2000; Ord. 95-1, 3-28-1995)
Article III. General Provisions

4.11.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) or the Federal Emergency Management Agency (FEMA) in the initial Flood Insurance Study (FIS) dated March 1, 1978, and accompanying initial Flood Insurance Rate Maps (FIRMs) dated September 29, 1978, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City of Newman by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at 1162 Main Street, City Hall. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2021-2 § 2, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Newman from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.3, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord; 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.4, 9-12- 2000; Ord. 95-1, 3-28-1995)

4.11.100 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

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Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.5, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.110 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Newman, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.6, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.120 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2000-4 § 3.7, 9-12-2000; Ord. 95-1, 3-28-1995) Article IV. Administration

4.11.130 Establishment of development permit.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in NCC 4.11.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory flood way; and B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawlspace foundation, location and total net area of foundation openings as required in NCC

4.11.170(C)(3) and FEMA Technical Bulletins TB 1 and TB 7; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in NCC 4.11.170(C)(2) and FEMA Technical Bulletin TB 3; and The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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D. All appropriate certifications listed in NCC 4.11.150(D); and E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

F. Validity of Permit. The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.

G. Other Permits Required. The applicant shall obtain all other required State and Federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to:

1. California Coastal Commission or certified local coastal program, if applicable, for activities subject to the coastal development permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).

2. California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

H. Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated.

The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

I. Suspension or Revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2021-2 § 3, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 4.1, 9-12-2000; Ord. 95-1, 3-28- 1995)

4.11.140 Designation of the Floodplain Administrator.

The City Manager or designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 4.2, 9-12-2000; Ord. 95-1,3-28-1995)

4.11.150 Duties and responsibilities of the Floodplain Administrator.

A. Permit Review. Review all development permits to determine that:

1. Permit requirements of this chapter have been satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. Hydrologic and hydraulic analyses have been submitted to show that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a flood way has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

5. Inspections, in General. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid. a. Inspections of Development Other Than Buildings and Structures. The Floodplain Administrator shall make or cause to be made inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when deveiopment is undertaken without issuance of a permit.
b. Inspections of Manufactured Homes Installations. The Floodplain Administrator shall make or cause to be made inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in NCC 4.11.200 the Floodplain Administrator shall inspect the installation or have the installation inspected. c. Inspections of Buildings and Structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
i. Lowest Floor Elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the Building Official.
ii. Final Inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the Building Official.

B. Review, Use and Development of Other Base Flood Data.

1. Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to require one of the following:
a. Require the applicant to include base flood elevation data prepared by a qualified professional engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified professional engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. b. Obtain, review, and provide to applicants base flood elevation and floodway data available from a Federal or State agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a Federal or State agency or other source. c. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
i. Require the applicant to include base flood elevation data in accordance with subsection (B)(l)(a) of this section; or
ii. Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.

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d. Where the base flood elevation data are to be used to support a request for a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a qualified professional engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

C. Notification of Other Agencies.

1. Alteration or Relocation of a Watercourse.
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base Flood Elevation Changes Due to Physical Alterations. a. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
c. Such submissions are necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by NCC 4.11.170(C)(l) (lowest floor elevations) and 4.11.200;

2. Certification required by NCC 4.11.170(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by NCC 4.11.170(C)(3) (wet floodproofing standard);

4. Certification of elevation required by NCC 4.11.190(B) (subdivision standards); and

5. Certification required by NCC 4.11.220(A) (floodway encroachments).

E. Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI of this chapter.

F. Remedial Action. Take action to remedy violations of this chapter as specified in NCC 4.11.080. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2021-2 § 4, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

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2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § l (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 4.3, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.160 Appeals.

The City Council of the City of Newman shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10- 11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10- 12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 4.4, 9-12-2000; Ord. 95-1, 3-28-1995) Article V. Provisions for Flood Hazard Reduction

4.11.170 Standards of construction.

In all areas of special flood hazard, the following standards are required:

A. Anchoring.

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards of NCC 4.11.200.

B. Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

1. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2 and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. If within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing. (See NCC 4.11.050 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
a. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO Zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet or elevated at least four feet above the highest adjacent grade if no depth number is specified.) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator and is required within six months of project completion, submittal of technical data to FEMA for a letter of map revision. b. In an A Zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in NCC 4.11.150(B). (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community.) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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properly elevated. Such certification and verification shall be provided to the Floodplain Administrator and is required within six months of project completion, submittal of technical data to FEMA for a letter of map revision.
c. In all other zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (C)(l) of this section or together with attendant utility and sanitary facilities:
a. Be floodproofed below the elevation recommended under subsection (C)(l) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1 and TB 7, and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of flood water; or b. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.

4. Manufactured homes shall also meet the standards in NCC 4.11.200. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2021-2 § 5, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014- 4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.180 Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of flood waters into the systems; and

2. Discharge from the systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Art. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.190 Standards for subdivisions.

A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

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C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

F. All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, ii-27-2007; Ord. 2000-4 § 5.3, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.200 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved, within Zones Al - 30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al - 30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (A) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation); or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2000-4 § 5.4, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.210 Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones Al - 30, AH, and AE on the community's Flood Insurance Rate Map will either:

1. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions; or The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

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2. Meet the permit requirements of Article IV of this chapter and the elevation and anchoring requirements for manufactured homes in NCC 4.11.200(A). (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11- 12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.5, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.220 Flood ways.

Located within areas of special flood hazard established in NCC 4.11.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B. If subsection (A) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this article. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.6, 9-12-2000; Ord. 95-1, 3-28-1995) Article VI. Variance Procedure

4.11.230 Nature of variances.

A. The variance criteria set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 6.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.240 Appeal Board.

A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
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7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

B. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

2. Such construction below the base flood level increases risks to life and property. It is required that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Stanislaus County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued to the Federal Insurance Administration, Federal Emergency Management Agency. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2021-2 § 6, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11 -2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 6.2, 9-12-2000; Ord. 95-1, 3-28- 1995)

4.11.250 Conditions for variances.

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures (as defined in NCC 4.11.050) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

E. Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional hardship (as defined in NCC

4.11.050) to the applicant; and
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3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in NCC 4.11.050 - see "public safety and nuisance"), cause fraud or victimization (as defined in NCC 4.11.050) of the public, or conflict with existing local laws or ordinances.

F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (A) through (E) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

G. Upon consideration of the factors ofNCC 4.11.240(A) and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 6.3, 9-12-2000; Ord. 95-1, 3-28-1995) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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Chapter 4.12 ADMINISTRATIVE CODE
Sections:

4.12.010

4.12.020

4.12.030

4.12.040

4.12.050

4.12.060
Purposes.

Adoption.

Definitions.

Interpretation and appeals.

Violations and penalties.

Validity.

4.12.010 Purposes.