Newman City Council
August 11, 2026

AGENDA

NEWMAN CITY COUNCIL
SPECIAL MEETING AUGUST 11, 2026
CITY HALL CONFERENCE ROOM, 6:30 P.M., 938 FRESNO STREET NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))

1. Call To Order.

2. Roll Call.

3. Items From The Public.

4. Adjourn To Closed Session
a. Conference With Legal Counsel - Initiation Of Litigation Pursuant To California Government Code Section 54956.9(d)(4): (One Case).
b. Conference With Labor Negotiator – Agency Negotiator: Michael E. Holland - Employee Organizations: Newman Police Officers Association Bargaining Unit - G.C. 54957.6. c. Return To Open Session.

5. Adjournment.

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING AUGUST 11, 2026
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 REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))

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 July 28, 2026 Meetings. (View Minutes) d. Authorize The City Manager To Execute A Memorandum Of Understanding With The Newman-Crows Landing Unified School District For School Resource Officer Services. (View Report)
e. Adopt Resolution No. 2026- , A Resolution Authorizing The City Manager To Execute A Purchase And Sale Agreement With George And Marlene Souza For The Sale Of CityOwned Real Property Located At 648 Mariposa Street (Stanislaus County APNs 026-026- 017 And 026-026-018). (View Report)

9. Public Hearings.
a. Adopt Resolution No. 2026- , A Resolution Upholding The Planning Commission’s Decision To Deny Variance No. 2026-01. (View Report)

10. Regular Business
a. Report On Trunk Or Treat Halloween Event At The Downtown Plaza. (View Report) b. Adopt Resolution No. 2026- , A Resolution Approving A Budget Adjustment And A Professional Services Agreement With Ralph Andersen & Associates For Executive Recruitment Services For The Position Of City Manager, And Authorizing The City Manager To Execute Said Agreement. (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
August 7 – The Last Day To Secure And File Election Nomination Papers - 8:30 A.M. To 5:00 P.M.

August 11 – City Council - 7:00 P.M.

August 15 – Outdoor Movie Night – Mario Galaxy – Sherman Park - 8:00 P.M.

August 20 – Planning Commission – Cancelled.

August 25 – City Council - 7:00 P.M.

AP Check Register
July 21, 2026 through August 4, 2026
1 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Advantage Gear, Inc 10-22-6300 $ 68.63 128507 7/21/2026 Uniform Repair $ 68.63 128507 Total
Amazon Capital Services 10-22-6690 $ 155.32 128508 7/21/2026 Training Manuals $ 155.32 128508 Total
AMERICAN FIDELITY ASSURANCE CO. 10-00-5830 $ 99.88 128579 7/28/2026 American Fidelity Insurance/ Anthieny $ 99.88 128579 Total
Animal Damage Management, Inc 69-47-6200 $ 820.00 128580 7/28/2026 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington Pa Animal Damage Management, Inc 10-44-6200 $ 120.00 128580 7/28/2026 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington Pa $ 940.00 128580 Total
AT&T 10-14-6200 $ 10.72 128510 7/21/2026 Alarm 6-13-26 to 7-12-26 AT&T 10-14-6420 $ 93.30 128510 7/21/2026 Landlines 6-13-26 to 7-12-26 AT&T 10-21-6420 $ 365.88 128510 7/21/2026 Circuit Line Between Fresno St to Ceres 6-13-26 to 7-12-26 AT&T 10-07-6420 $ 30.60 128510 7/21/2026 Landlines 6-13-26 to 7-12-26 AT&T 10-21-6420 $ 32.86 128510 7/21/2026 Landlines 6-13-26 to 7-12-26 AT&T 63-56-6420 $ 93.42 128510 7/21/2026 Landlines 6-13-26 to 7-12-26 AT&T 60-50-6200 $ 10.71 128510 7/21/2026 Alarm 6-13-26 to 7-12-26 AT&T 63-56-6200 $ 10.71 128510 7/21/2026 Alarm 6-13-26 to 7-12-26 $ 648.20 128510 Total
AT&T MOBILITY 10-02-6420 $ 19.57 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 60-50-6420 $ 515.45 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-03-6420 $ 92.57 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 22-20-6420 $ 9.10 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-45-6420 $ 31.86 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26
AT&T MOBILITY 10-06-6420 $ 61.34 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-07-6420 $ 23.90 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-21-6420 $ 611.96 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-22-6420 $ 268.34 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 69-47-6420 $ 85.57 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-44-6420 $ 89.86 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 10-33-6420 $ 94.07 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 63-56-6420 $ 448.67 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 AT&T MOBILITY 73-70-6420 $ 11.35 128509 7/21/2026 Cell Phone Use 6-03-26 to 7-02-26 $ 2,363.61 128509 Total
Azevedo Adam 60-50-6230 $ 5,747.25 128538 7/23/2026 1st Cutting of Terraces $ 5,747.25 128538 Total
Baker Dorothy June 10-44-6225 $ 612.00 128511 7/21/2026 Repair on Mower $ 612.00 128511 Total
Bayer Corey 10-21-6695 $ 57.00 128549 7/24/2026 ICS Training Per Diem/ Bayer Q"f: Nl::;'ij>.
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AP Check Register
July 21, 2026 through August 4, 2026
2 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 57.00 128549 Total
BJ's Consumers Choice Pest Control, Inc 10-07-6665 $ 63.99 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 280.00 128550 7/24/2026 Pest Control Services/ City Wells BJ's Consumers Choice Pest Control, Inc 10-44-6200 $ 53.48 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 60-50-6200 $ 33.53 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 88.59 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 10-44-6660 $ 53.47 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 10-22-6200 $ 63.48 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 10-21-6200 $ 63.48 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 148.49 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 53.49 128550 7/24/2026 Pest Control Services/ City Hall/ June 2026 $ 902.00 128550 Total
Borrelli Travis 69-47-6200 $ 185.74 128587 7/28/2026 Portable Restroom Rental Service $ 185.74 128587 Total
CALIF BUILDING STANDARDS 10-00-2620 $ 249.00 128537 7/23/2026 SB1473 Fees April-June 2026 CALIF BUILDING STANDARDS 10-00-5310 $ (24.90) 128537 7/23/2026 SB1473 Fees April-June 2026 $ 224.10 128537 Total
Canon Financial Services, Inc. 63-56-6200 $ 111.36 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026 Canon Financial Services, Inc. 10-14-6200 $ 151.46 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026 Canon Financial Services, Inc. 60-50-6200 $ 151.46 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026 Canon Financial Services, Inc. 10-22-6200 $ 370.79 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026 Canon Financial Services, Inc. 63-56-6200 $ 151.47 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026 Canon Financial Services, Inc. 60-50-6200 $ 111.35 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026
Canon Financial Services, Inc. 10-21-6200 $ 220.43 128512 7/21/2026 Contract Charges Jul 2026/Copy Charges Jun 2026
$ 1,268.32 128512 Total
COMCAST CABLE 60-50-6200 $ 76.33 128551 7/24/2026 High speed internet/sewer COMCAST CABLE 10-21-6200 $ 76.33 128551 7/24/2026 High speed internet/PD COMCAST CABLE 63-56-6200 $ 76.34 128551 7/24/2026 High speed internet/water COMCAST CABLE 10-21-6420 $ 181.00 128551 7/24/2026 High Speed Internet 7-6-26 to 8-5-26/ PD $ 410.00 128551 Total
CSG Consultants, Inc 10-23-6215 $ 1,497.25 128513 7/21/2026 Building Services June 2026 CSG Consultants, Inc 10-23-6215 $ 5,925.50 128513 7/21/2026 Building Services June 2026 CSG Consultants, Inc 10-23-6215 $ 1,443.00 128513 7/21/2026 Building Permit Issuance/ June 2026 $ 8,865.75 128513 Total
Dave's Drain Cleaning & Plumbing 10-44-6200 $ 840.48 128514 7/21/2026 Plumbing Repair at Pioneer Park $ 840.48 128514 Total
Del Puerto Health Care District 10-21-6235 $ 422.00 128539 7/23/2026 Pre-employment Physical/ Framstad Del Puerto Health Care District 10-21-6235 $ 422.00 128539 7/23/2026 Pre-employment Physical/ Lopez Del Puerto Health Care District 10-21-6235 $ 422.00 128539 7/23/2026 Pre-employment Physical/ Rivera Q"f: Nl::;'ij>.
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AP Check Register
July 21, 2026 through August 4, 2026
3 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Del Puerto Health Care District 10-21-6235 $ 422.00 128539 7/23/2026 Pre-employment Physical/ Arroyo $ 1,688.00 128539 Total
DEPART. OF CONSERVATION 10-00-5310 $ (35.48) 128540 7/23/2026 Strong Motion Fees April-June 2026 DEPART. OF CONSERVATION 10-00-2605 $ 709.61 128540 7/23/2026 Strong Motion Fees April-June 2026 $ 674.13 128540 Total
Direct Security and Sound, Inc. 60-50-6200 $ 240.00 128552 7/24/2026 Alarm Monitoring @ WWTP $ 240.00 128552 Total
Division of the State Architect 29-00-2601 $ 116.00 128541 7/23/2026 AB-1379 Fees Payable/April-June 2026 Division of the State Architect 10-00-5095 $ (104.40) 128541 7/23/2026 AB-1379 Fees Payable/April-June 2026 $ 11.60 128541 Total
Flock Group Inc 10-21-6200 $ 26,500.00 128553 7/24/2026 License Plate Reading Cameras $ 26,500.00 128553 Total
Gomez Jose 10-21-6695 $ 221.25 128554 7/24/2026 POST Training Per Diem/ Gomez $ 221.25 128554 Total
Gonzalez Crisella 10-00-2840 $ 300.00 128515 7/21/2026 Memorial Building Rental Deposit Refund/ Gonzalez $ 300.00 128515 Total
Gouveia Engineering, Inc 23-33-6210 $ 95.40 128516 7/21/2026 Project 545.19C 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 75.60 128516 7/21/2026 Project 510.02 Annual DBE/QAP/Tiltle VI Gouveia Engineering, Inc 27-44-6200 $ 11,166.75 128516 7/21/2026 Project 555.09 Downtown Plaza Improvements Gouveia Engineering, Inc 23-33-6210 $ 16.83 128516 7/21/2026 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 23-33-6220 $ 47.76 128516 7/21/2026 Project 545.19C 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 859.95 128516 7/21/2026 Project 545.17D CDBG Steff/Sunrise Park Improvements Gouveia Engineering, Inc 63-56-6200 $ 3,549.52 128516 7/21/2026 Project 525.15D Jensen Rd Utility Crossing Gouveia Engineering, Inc 23-33-6200 $ 84.20 128516 7/21/2026 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 60-50-6200 $ 3,549.53 128516 7/21/2026 Project 525.15D Jensen Rd Utility Crossing Gouveia Engineering, Inc 23-33-6220 $ 8.43 128516 7/21/2026 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 17-44-7780 $ 850.25 128516 7/21/2026 Project 555 .08 Nature Park Gouveia Engineering, Inc 10-31-6200 $ 657.83 128516 7/21/2026 Project 525.01 Public Works General Gouveia Engineering, Inc 10-31-6200 $ 93.98 128516 7/21/2026 Project 520.01 Planning General Gouveia Engineering, Inc 10-31-6200 $ 297.15 128516 7/21/2026 Project 580.09 Inyo Ave-CUP 24-03 Gouveia Engineering, Inc 23-33-6200 $ 477.13 128516 7/21/2026 Project 545.19C 2023 Measure L $ 21,830.31 128516 Total
Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 33.00 128517 7/21/2026 1 Used Tire on Chevy Silverado/ PW Guerrero's Tire and Auto Repair, LLC 69-47-6530 $ 33.00 128517 7/21/2026 1 Used Tire on Chevy Silverado/ PW Guerrero's Tire and Auto Repair, LLC 63-56-6530 $ 5.50 128517 7/21/2026 1 Used Tire on Chevy Silverado/ PW Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 5.50 128517 7/21/2026 1 Used Tire on Chevy Silverado/ PW Guerrero's Tire and Auto Repair, LLC 10-33-6530 $ 33.00 128517 7/21/2026 1 Used Tire on Chevy Silverado/ PW $ 110.00 128517 Total
Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 233.44 128555 7/24/2026 1 New Tire on Ford F550/ PW Q"f: Nl::;'ij>.
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AP Check Register
July 21, 2026 through August 4, 2026
4 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 233.44 128555 Total
Heritage Landscape Supply Group, Inc 69-47-6300 $ 1,074.73 128556 7/24/2026 PC Rotors Heritage Landscape Supply Group, Inc 10-44-6300 $ 1,074.72 128556 7/24/2026 PC Rotors $ 2,149.45 128556 Total
Hydrofocus, Inc 17-44-7757 $ 4,808.80 128518 7/21/2026 Wetland Restoration Grant Agreement $ 4,808.80 128518 Total
JG Nurseries LLC 60-50-6225 $ 290.18 128581 7/28/2026 Concrete $ 290.18 128581 Total
JOE'S LANDSCAPING & CONCR 69-47-6200 $ 18,000.00 128519 7/21/2026 Maintenance Service For The Month of June $ 18,000.00 128519 Total
JORGENSEN & COMPANY 10-44-6200 $ 110.60 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 10-46-6200 $ 159.69 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 63-56-6200 $ 519.46 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 10-21-6200 $ 838.04 128520 7/21/2026 Fire Extinguisher Annual Maintenance/ PD JORGENSEN & COMPANY 60-50-6200 $ 204.99 128520 7/21/2026 Fire Exts, Fire Ext Recharge JORGENSEN & COMPANY 10-33-6200 $ 176.71 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 69-47-6200 $ 205.14 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 10-07-6200 $ 154.79 128520 7/21/2026 Fire Extinguisher Annual Maintenance/ Theater JORGENSEN & COMPANY 60-50-6200 $ 110.94 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 10-07-6200 $ 710.70 128520 7/21/2026 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service $ 3,191.06 128520 Total
Knife River 10-33-6300 $ 73.62 128559 7/24/2026 Concrete Knife River 63-56-6300 $ 73.63 128559 7/24/2026 Concrete $ 147.25 128559 Total
Liebert Cassidy Whitmore 10-15-6200 $ 712.50 128542 7/23/2026 Professional Services Rendered Through 6-30-26
$ 712.50 128542 Total
Lou's Gloves, Inc 60-50-6300 $ 332.00 128582 7/28/2026 Nitrile Gloves $ 332.00 128582 Total
Microbac Laboratories, Inc. 60-50-6200 $ 131.00 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 63-56-6200 $ 984.13 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 63-56-6200 $ 321.50 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 63-56-6200 $ 250.75 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 60-50-6200 $ 131.00 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 63-56-6200 $ 860.00 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 63-56-6200 $ 222.00 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 60-50-6200 $ 368.75 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 60-50-6200 $ 131.00 128521 7/21/2026 Water Samples Microbac Laboratories, Inc. 63-56-6200 $ 1,866.13 128521 7/21/2026 Water Samples $ 5,266.26 128521 Total
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AP Check Register
July 21, 2026 through August 4, 2026
5 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description MID VALLEY IT, INC 10-14-6200 $ 1,849.12 128560 7/24/2026 IT CONTRACT/FIN MID VALLEY IT, INC 10-21-6200 $ 3,698.22 128560 7/24/2026 IT CONTRACT/PD MID VALLEY IT, INC 60-50-6200 $ 1,849.11 128560 7/24/2026 IT CONTRACT/SEWR MID VALLEY IT, INC 63-56-6200 $ 1,849.11 128560 7/24/2026 IT CONTRACT/WATR $ 9,245.56 128560 Total
Newman City Tow Service, Inc 10-21-6530 $ 125.00 128522 7/21/2026 Towing of Ford Interceptor Newman City Tow Service, Inc 10-21-6530 $ 429.50 128522 7/21/2026 Towing of Ford Explorer $ 554.50 128522 Total
Nutrien Ag Solutions Inc 60-50-6300 $ 1,266.66 128523 7/21/2026 30 Gallons Round Up, 15 Gallons Amine $ 1,266.66 128523 Total
One Step GPS LLC 10-21-6200 $ 195.30 128561 7/24/2026 GPS Fleet Tracking Software One Step GPS LLC 10-22-6200 $ 69.75 128561 7/24/2026 GPS Fleet Tracking Software One Step GPS LLC 63-56-6200 $ 153.45 128561 7/24/2026 GPS Fleet Tracking Software One Step GPS LLC 60-50-6200 $ 153.45 128561 7/24/2026 GPS Fleet Tracking Software $ 571.95 128561 Total
OPERATING ENGINEERS LOCAL UNION NO. 3 10-00-5830 $ 58.00 128583 7/28/2026 Union Dues/ Anthieny $ 58.00 128583 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 1,246.00 128562 7/24/2026 Health Insurance Premium/ September 2026/ Caetano $ 1,246.00 128562 Total
Ornelas Salvador 10-45-6735 $ 55.00 128543 7/23/2026 Refund for Soccer Registration/ Ornelas $ 55.00 128543 Total
P G & E 60-50-6410 $ 909.32 128524 7/21/2026 Gas & Electric @ City Hall 6-4-26 to 7-3-26 P G & E 10-07-6410 $ 909.33 128524 7/21/2026 Gas & Electric @ City Hall 6-4-26 to 7-3-26 P G & E 63-56-6510 $ 46.64 128524 7/21/2026 Natural Gas Pumped @ CNG Fueling Station 6-9-26 to 7-8-26 P G & E 60-50-6510 $ 46.64 128524 7/21/2026 Natural Gas Pumped @ CNG Fueling Station 6-9-26 to 7-8-26 P G & E 10-21-6510 $ 46.64 128524 7/21/2026 Natural Gas Pumped @ CNG Fueling Station 6-9-26 to 7-8-26
P G & E 69-47-6510 $ 233.19 128524 7/21/2026 Natural Gas Pumped @ CNG Fueling Station 6-9-26 to 7-8-26 P G & E 10-44-6510 $ 186.56 128524 7/21/2026 Natural Gas Pumped @ CNG Fueling Station 6-9-26 to 7-8-26 P G & E 60-50-6410 $ 143.94 128524 7/21/2026 Storm Pump P G & E 63-56-6410 $ 909.32 128524 7/21/2026 Gas & Electric @ City Hall 6-4-26 to 7-3-26 P G & E 10-33-6510 $ 373.11 128524 7/21/2026 Natural Gas Pumped @ CNG Fueling Station 6-9-26 to 7-8-26 $ 3,804.69 128524 Total
Pernsteiner & Sons Fabrication 10-22-6300 $ 175.00 128563 7/24/2026 Brackets $ 175.00 128563 Total
Pete's Auto Repair 63-56-6530 $ 4.75 128564 7/24/2026 Oil Change 2025 Chevy Silverado Pete's Auto Repair 10-21-6530 $ 610.83 128564 7/24/2026 Repair on 2022 Dodge Durango Pete's Auto Repair 10-33-6530 $ 28.50 128564 7/24/2026 Oil Change 2025 Chevy Silverado Pete's Auto Repair 10-44-6530 $ 28.50 128564 7/24/2026 Oil Change 2025 Chevy Silverado Pete's Auto Repair 10-21-6530 $ 80.00 128564 7/24/2026 Oil Change 2023 Chevy Silverado Q"f: Nl::;'ij>.
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AP Check Register
July 21, 2026 through August 4, 2026
6 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Pete's Auto Repair 10-21-6530 $ 80.00 128564 7/24/2026 Oil Change 2009 Honda Civic Pete's Auto Repair 60-50-6530 $ 4.75 128564 7/24/2026 Oil Change 2025 Chevy Silverado Pete's Auto Repair 10-21-6530 $ 471.92 128564 7/24/2026 Repair on 2011 Nissan Altima Pete's Auto Repair 69-47-6530 $ 28.50 128564 7/24/2026 Oil Change 2025 Chevy Silverado $ 1,337.75 128564 Total
Price Ford of Turlock 10-21-6530 $ 278.88 128565 7/24/2026 Repair on Ford Explorer/ PD $ 278.88 128565 Total
Public Agency Coalition Enterprise 10-00-2260 $ 20,031.40 128558 7/24/2026 Health Insurance Premium/ August 2026 $ 20,031.40 128558 Total
Public Agency Coalition Enterprise 10-00-2260 $ 27,410.27 128557 7/24/2026 Health Insurance Premium/ August 2026 $ 27,410.27 128557 Total
Quest Diagnostics 10-21-6235 $ 42.06 128525 7/21/2026 Pre-Employment Bloodwork/ Lopez $ 42.06 128525 Total
RALEY'S IN STORE CHARGE 10-14-6300 $ 10.31 128584 7/28/2026 City Hall Supplies RALEY'S IN STORE CHARGE 10-22-6300 $ 86.62 128584 7/28/2026 Fire Department Supplies RALEY'S IN STORE CHARGE 10-22-6300 $ 174.98 128584 7/28/2026 Fire Department Supplies RALEY'S IN STORE CHARGE 60-50-6300 $ 10.31 128584 7/28/2026 City Hall Supplies RALEY'S IN STORE CHARGE 63-56-6300 $ 10.31 128584 7/28/2026 City Hall Supplies RALEY'S IN STORE CHARGE 10-46-6300 $ 104.52 128584 7/28/2026 Corp Yard Supplies $ 397.05 128584 Total
RRM DESIGN GROUP, INC. 17-44-7780 $ 1,675.00 128526 7/21/2026 Newman Nature Park $ 1,675.00 128526 Total
Scott's PPE Recon, Inc 10-22-6300 $ 552.00 128566 7/24/2026 Fire Prevention Jumpsuit Repair/ FD $ 552.00 128566 Total
Stanislaus County Auditor-Controller 10-00-5310 $ (1,078.50) 128544 7/23/2026 County Impact Fees Payable/Apr-June 2026 Stanislaus County Auditor-Controller 10-00-2600 $ 107,850.00 128544 7/23/2026 County Impact Fees Payable/Apr-June 2026
$ 106,771.50 128544 Total
Stanislaus County Office of Emergency Services 10-22-6690 $ 275.00 128527 7/21/2026 Wildland Training $ 275.00 128527 Total
Stanislaus County Sheriff's Department 10-21-6200 $ 7,500.00 128567 7/24/2026 Annual Cash Contribution FY 26-27 $ 7,500.00 128567 Total
Stanislaus County Tax Collector 10-15-6680 $ 343.32 128585 7/28/2026 Unsecured Property Taxes FY 26-27 Stanislaus County Tax Collector 10-15-6680 $ 803.11 128585 7/28/2026 Unsecured Property Taxes FY 26-27 Stanislaus County Tax Collector 10-15-6680 $ 427.53 128585 7/28/2026 Unsecured Property Taxes FY 26-27 Stanislaus County Tax Collector 10-15-6680 $ 377.15 128585 7/28/2026 Unsecured Property Taxes FY 26-27 Stanislaus County Tax Collector 10-15-6680 $ 768.45 128585 7/28/2026 Unsecured Property Taxes FY 26-27 Stanislaus County Tax Collector 10-15-6680 $ 162.55 128585 7/28/2026 Unsecured Property Taxes FY 26-27 Stanislaus County Tax Collector 10-15-6680 $ 207.97 128585 7/28/2026 Unsecured Property Taxes FY 26-27 $ 3,090.08 128585 Total
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AP Check Register
July 21, 2026 through August 4, 2026
7 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Stanislaus Regional Housing Authority 19-14-6200 $ 86.00 128528 7/21/2026 Closure of Account at 1146 Stanislaus St/ Connie Caetano $ 86.00 128528 Total
STAPLES ADVANTAGE 10-14-6300 $ 21.63 128529 7/21/2026 Flags, Batteries STAPLES ADVANTAGE 63-56-6300 $ 21.62 128529 7/21/2026 Flags, Batteries STAPLES ADVANTAGE 60-50-6300 $ 21.63 128529 7/21/2026 Flags, Batteries $ 64.88 128529 Total
STAPLES ADVANTAGE 10-14-6300 $ 9.20 128568 7/24/2026 Envelopes STAPLES ADVANTAGE 63-56-6300 $ 9.19 128568 7/24/2026 Envelopes STAPLES ADVANTAGE 60-50-6300 $ 9.19 128568 7/24/2026 Envelopes $ 27.58 128568 Total
STAPLES ADVANTAGE 10-45-6300 $ 185.15 128586 7/28/2026 Paper, Ink STAPLES ADVANTAGE 10-06-6300 $ 185.15 128586 7/28/2026 Paper, Ink $ 370.30 128586 Total
TESCO CONTROL, LLC 63-56-6200 $ 2,387.70 128530 7/21/2026 Repair on Well #6 $ 2,387.70 128530 Total
The Sherman-Williams Company 10-33-6300 $ 57.05 128545 7/23/2026 Paint & Paint Supplies for Public Works The Sherman-Williams Company 69-47-6300 $ 57.05 128545 7/23/2026 Paint & Paint Supplies for Public Works $ 114.10 128545 Total
TMC Heating & Cooling 10-23-6215 $ (17.85) 128546 7/23/2026 Reimbursement for Payment on Permit #2026-082 TMC Heating & Cooling 10-23-6215 $ 119.00 128546 7/23/2026 Reimbursement for Payment on Permit #2026-082 $ 101.15 128546 Total
Undergrnd Serv Alert of N CA & NV 63-56-6200 $ 307.27 128569 7/24/2026 2026 Membership Fee $ 307.27 128569 Total
UNIVAR USA, INC 63-56-6300 $ 1,307.10 128531 7/21/2026 200 Gallons of Sodium Hypoclorlte Delivered to Well #8 UNIVAR USA, INC 63-56-6300 $ 1,386.58 128531 7/21/2026 200 Gallons of Sodium Hypoclorlte Delivered to Well #10 $ 2,693.68 128531 Total
UNIVAR USA, INC 63-56-6300 $ 1,074.60 128570 7/24/2026 155 Gallons of Sodium Hypoclorlte Delivered to Well #10
UNIVAR USA, INC 63-56-6300 $ 1,572.01 128570 7/24/2026 240 Gallons of Sodium Hypoclorlte Delivered to Well #8 $ 2,646.61 128570 Total
USA BLUEBOOK 60-50-6300 $ 66.83 128588 7/28/2026 Flag
$ 66.83 128588 Total
Valley 29 Electric, LLC 63-56-6200 $ 5,845.15 128571 7/24/2026 Repair on Lights $ 5,845.15 128571 Total
Valley 29 Electric, LLC 63-56-6225 $ 13,978.04 128589 7/28/2026 Mini Split System $ 13,978.04 128589 Total
Valley Pet Care 10-21-6208 $ 251.50 128572 7/24/2026 Catch & Release Program 7-22-26 $ 251.50 128572 Total
Vollmar Natural Lands Consulting 60-50-6200 $ 3,403.10 128547 7/23/2026 Project J-445 CDFW $ 3,403.10 128547 Total
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AP Check Register
July 21, 2026 through August 4, 2026
8 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Weco Industries 60-50-6225 $ 330.29 128548 7/23/2026 Repair on Water Selector $ 330.29 128548 Total
West Coast Pet Memorial Services 10-21-6208 $ 24.28 128533 7/21/2026 Disposal Clinic $ 24.28 128533 Total
Westside Connect 10-01-6600 $ 50.00 128532 7/21/2026 Single Box Ad Westside Connect 63-56-6600 $ 50.00 128532 7/21/2026 Single Box Ad Westside Connect 10-01-6300 $ 247.03 128532 7/21/2026 No Parking Signs Westside Connect 10-33-6600 $ 47.88 128532 7/21/2026 Public Works Superintendent Employment Ad Westside Connect 60-50-6600 $ 86.18 128532 7/21/2026 Public Works Superintendent Employment Ad Westside Connect 69-47-6600 $ 1,680.00 128532 7/21/2026 Notice of Public Hearing Resolution 2026-20 Westside Connect 60-50-6600 $ 50.00 128532 7/21/2026 Single Box Ad Westside Connect 10-06-6600 $ 350.00 128532 7/21/2026 Notice of Public Hearing Variance 26-01 Westside Connect 60-50-6600 $ 133.00 128532 7/21/2026 WWTP Operator Employment Ad Westside Connect 63-56-6600 $ 57.44 128532 7/21/2026 Public Works Superintendent Employment Ad Westside Connect 63-56-6600 $ 2,500.00 128532 7/21/2026 Public Notice 2025 Consumer Confidence Report $ 5,251.53 128532 Total
Wex Bank 10-44-6500 $ 146.04 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26 Wex Bank 63-56-6500 $ 487.37 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26 Wex Bank 60-50-6500 $ 1,423.07 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26 Wex Bank 10-33-6500 $ 486.14 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26 Wex Bank 10-22-6500 $ 1,505.12 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26 Wex Bank 69-47-6500 $ 433.15 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26 Wex Bank 10-07-6500 $ 57.59 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26
Wex Bank 10-21-6500 $ 3,420.59 128534 7/21/2026 Gas and Diesel Purchases 6-16-26 to 7-15-26
$ 7,959.07 128534 Total
White Brenner, LLP 10-15-6200 $ 1,373.76 128535 7/21/2026 Through Jun 2026 General Municipal White Brenner, LLP 10-15-6200 $ (395.60) 128535 7/21/2026 Application of Retainer White Brenner, LLP 10-15-6200 $ 736.16 128535 7/21/2026 Professional Srvcs Rendered Through Jun 2026 West Stan White Brenner, LLP 10-15-6200 $ 1,717.70 128535 7/21/2026 Professional Srvcs Rendered Through Jun 2026 Labor & Employme White Brenner, LLP 10-15-6200 $ 6,002.40 128535 7/21/2026 Professional Srvcs Rendered Through Jun 2026 NW Master Plan $ 9,434.42 128535 Total
White Brenner, LLP 10-15-6200 $ 1,476.00 128536 7/21/2026 Professional Srvcs Rendered Through June 2026 Master Plan $ 1,476.00 128536 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 131.09 128573 7/24/2026 Wrench $ 131.09 128573 Total
$ 353,383.43 Grand Total
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MINUTES

NEWMAN CITY COUNCIL
SPECIAL MEETING JULY 28, 2026
CITY HALL CONFERENCE ROOM, 6:30 P.M., 938 FRESNO STREET NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))

1. Call To Order - Mayor Graham 6:30 P.M.

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

ABSENT: None.

3. Items From The Public – None.

4. Adjourn To Closed Session - 6:31 P.M.
a. Conference With Legal Counsel - Initiation Of Litigation Pursuant To California Government Code Section 54956.9(d)(4): (One Case).
b. Conference With Labor Negotiator – Agency Negotiator: Michael E. Holland - Employee Organizations: Newman Police Officers Association Bargaining Unit - G.C. 54957.6. c. Return To Open Session - 6:49 P.M.

Mayor Graham Reported That Staff Had Been Given Direction Regarding Items 4.a. And 4.b.

5. Adjournment.

ACTION: On A Motion By Ball, Seconded By Pimentel, The Meeting Was Adjourned At 6:50 P.M. By The Following Vote: AYES: Pimentel, Ball, Tomlinson, Harden, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
=- EN~~
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MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING JULY 28, 2026
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 REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))

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.
a. Swearing-In Ceremony For Police Chief Raymond Framstad.

Mayor Graham Welcomed Chief Framstad To The City Of Newman Police Department And The Newman Community. Graham Stated That Chief Framstad Comes To Newman With A Proven Track Record Of Leadership And Dedication That Has Prepared Him For This Position. He Welcomed Local Dignitaries And Noted That Newman Was A Special Place With A Special Police Department.

City Manager Holland Introduced Chief Framstad As The New Leader Of The Newman Police Department. Holland Pointed Out That Chief Framstad Comes To Newman With More Than Thirty Years Of Experience And Was Committed To Building Partnerships With Schools, Businesses, And Community Members.

Chief Framstad Thanked Everyone For Coming And Indicated That It Was An Honor To Be The Next Chief Of Police For The City Of Newman. Framstad Gave Credit To All Of His Past Mentors Who Have Helped Him Achieve His Goal Of Becoming Chief. Framstad Thanked The Community For The Warm Welcome And Thanked His Family For All Their Support.

7. Items from the Public - Non-Agenda Items
Alexa Lopez, 1335 1/2 Inyo Avenue, Newman, Submitted A Letter In Opposition To Flock Cameras In The City And Asked The Council To Consider Removing Said Cameras.

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 14, 2026 Meetings.

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 – None.

10. Regular Business – None.

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

12. Items From The City Manager And Staff – None.

13. Items From City Council Members – None.

14. Adjournment.

ACTION: On A Motion By Tomlinson, Seconded By Harden, And Unanimously Carried, The Meeting Was Adjourned At 7:18 P.M.

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

City Council Meeting
of August 11, 2026

AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH

THE NEWMAN-CROWS LANDING UNIFIED SCHOOL DISTRICT
RECOMMENDATION:

Staff recommends the Council authorize the City Manager to execute a Memorandum of Understanding with the Newman-Crows Landing Unified School District (NCLUSD) for School Resource Officer (SRO) services for the 2026-2027 school year, in the amount of $162,000.

BACKGROUND:

The City of Newman and NCLUSD have partnered for a number of years on an SRO program, through which the Newman Police Department assigns a sworn officer to serve the District's school sites.

On July 23, 2026, NCLUSD Superintendent Justin Pruett provided the City with formal written notice terminating the MOU for the SRO program. Shortly thereafter, the District reached out to City staff and asked for a meeting to discuss reinstating SRO services. Following those discussions, City staff provided the District with a revised MOU to continue the SRO program for the 2026-2027 school year.

ANALYSIS:

Employment and Assignment: The Newman Police Department will employ and assign one SRO to NCLUSD for 2026-2027 school year. The SRO remains an employee of the Police Department, subject to its administration, supervision, hiring, discipline, and discharge authority.

Duty Hours: The SRO will work a schedule of five days per week, 8.5 hours per day (7:30 a.m. - 4:00 p.m., including a 30-minute paid lunch), designed to align with the school calendar and class/activity hours.

Compensation: NCLUSD will pay the City $162,000 for services under the MOU, in four equal quarterly installments invoiced by the City. No later than April 30 of each year, the City will provide NCLUSD an estimated cost of service for the following school year; absent written notice of requested modifications at least 30 days before the next term, the agreement automatically renews for successive one-year terms at that estimated cost.

Overtime/Special Events: The City will cover overtime directly related to NCLUSD service for five home football games, two home basketball games, high school graduation, and high school prom. NCLUSD is responsible for overtime costs of any additional officers it requests for these events, and for overtime on any other events requested throughout the year.

FISCAL IMPACT:

The District agrees to reimburse the City $162,000 for the cost of one officer assigned as a School Resource Officer.

CONCLUSION:

The proposed MOU restores and continues the SRO partnership between the City and NCLUSD for the 2026-2027 school year, with the SRO's schedule reduced from 9.5 to 8.5 hours per day to lower cost to the District. Staff recommends the City Council authorize the City Manager to execute the Memorandum of Understanding with the Newman-Crows Landing Unified School District for School Resource Officer services.

ATTACHMENTS:

1. Memorandum of Understanding between the City of Newman and the Newman-Crows Landing Unified School District - School Resource Officer, 2026-2027

2. Notice of Termination of School Resource Officer Memorandum of Understanding from NCLUSD Respectfully Submitted,
Michael E. Holland
City Manager

MEMORANDUM OF UNDERSTANDING
Newman-Crows Landing Unified School District & City of Newman School Resource Officer
2026-2027
THIS AGREEMENT will commence on the date signed by and between the Newman-Crows Landing Unified School District (hereinafter referred to as "NCLUSD") and the City of Newman (hereinafter referred to as "CITY").

WHEREAS the Newman-Crows Landing Unified School District and the Newman Police Department desire to set forth in this Memorandum of Understanding the specific terms and conditions of the services to be performed and provided by the said SRO in the Newman-Crows Landing Unified School District.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1.0 Goals and Objectives - It is understood and agreed that the School District and the Newman Police Department officials share the following goals and objectives with regard to the School Resource Officer (SRO) Program in the school district:

1.1 To foster educational programs and activities that will increase students' knowledge of and respect for the law and the function of law enforcement agencies;

1.2 · To encourage the SRO to attend extracurricular activities held at school, such as parent meetings, athletic events and concerts as well as other District wide activities;

1.3 To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly conduct by trespassers, the possession and use of weapons on campus, the illegal sales and/or distribution of controlled substances, and riots;

1.4 To report serious crimes that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school;

1.5 To cooperate with law enforcement officials in their investigations of criminal offenses which occur off campus.

1.6 To assist at school crossings with traffic control issues when deemed necessary for the safety and protection of students and the general public when the regular patrol officer or a crossing guard is not available.

2.0 Employment and Assignment of School Resource Officer (SRO)

2.1 The Newman Police Department agrees to employ one School Resource Officer (SRO) during the term of this agreement. The SRO will be an employee of the Newman Police Department and be subject to the administration, supervision and control of the Newman Police Department except as such administration, supervision and control are subject to the terms and conditions of this Agreement.

2.2 The Newman Police Department agrees to provide and to pay the SRO salary and employment benefits in accordance with the applicable salary schedules and employment practices of the Newman Police Department, including but not necessarily limited to: sick leave, annual leave, retirement compensation, disability salary continuation, worker's compensation, unemployment compensation, life insurance, dental insurance, and medical hospitalization insurance. The SRO will be subject to all other personnel policies and practices of the Newman Police Department except as such policies or practices may have to be modified to comply with the terms and conditions of this Agreement.

2.3 The Newman-Crows Landing Unified School District agrees to pay the City of Newman One Hundred Sixty-Two Thousand Dollars ($162,000) for the services provided under this Agreement. Payment shall be made in four (4) equal quarterly installments. The City shall invoice NCLUSD each quarter, and payment shall be due on or about the first day of each quarter during the term of this Agreement. No later than April 30 of each year, the City shall provide NCLUSD with an estimated cost of service for the following school year. This Agreement shall automatically renew for successive one-year terms at the estimated cost provided by the City unless either party provides the other with written notice of requested modifications at least thirty (30) days prior to the start of the next term. Either party may terminate this Agreement by providing the other party with thirty (30) days' prior written notice.

2.4 The Newman Police Department, in its sole discretion, will have the power and authority to hire, discharge and discipline the SRO.

2.5 One SRO shall be assigned by the Newman Police Department to NewmanCrows Landing Unified School District. The City will consider NCLUSD input when selecting the SRO but retains the authority to make the final decision.

2.6 When the SRO is absent from work, the SRO shall notify his supervisor in the Newman Police Department and the principal ( or designee) of the school. In the event of a long-term medical absence, the City agrees to work with NCLUSD to identify any options for back-filling the position.

3.0 Duty Hours

3.1 The SRO will be assigned a work schedule of five (5) days a week, eight and one-half (8.5) hours per day (7:30a.m. - 4:00p.m.), which includes a (30)- minute paid lunch period. The purpose of this schedule is to replicate, as much as possible, the school's calendar and to ensure, to the extent possible, that a SRO is available during the school's class and/or activity hours.

3.2 The City agrees to pay any overtime pay directly related to service to NCLUSD for the agreed upon events listed below. If NCLUSD requests additional officers for an event NCLUSD agrees to pay the overtime costs for all officers beyond the SRO. The agreed upon events include five (5) home football games, two (2) home basketball games, high school graduation and high school prom. NCLUSD agrees to pay all overtime costs for officers on any additional events requested throughout the year.

4.0 Basic Qualifications of School Resource Officers (SRO) To be an SRO, an officer must first meet all of the following basic qualifications:

4.1 Shall be a city employed Police Officer with two years of law enforcement experience;

4.2 Shall possess sufficient knowledge of the applicable Federal and State laws, City and County ordinances, and Board of Education policies and regulations;

4.3 Shall be capable of conducting in-depth criminal investigations;

4.4 Shall possess an even temperament and set a good example for students;

4.5 Shall possess communication skills, which would enable the officer to function effectively within the school environment.

5.0 Duties of School Resource Officers (SRO)

5.1 The SRO shall coordinate all of his/her activities with the high school principal ( or designee) and will seek permission, advice and guidance prior to enacting any program within the District. Other site Administrators shall coordinate their requests for SRO presence/assignments with the high school principal ( or designee );

5.2 The SRO shall develop expertise in presenting various subjects to the students, staff, parents and community. Such subjects shall include, but not be limited to: a basic understanding of the law, the role of the police officer and law related areas;

5.3 The SRO shall encourage individual and small group discussions with students, based upon material presented in class to further establish rapport with students;

5.4 When requested by the high school principal, the SRO shall attend parent/staff/administrative meetings to solicit support and understanding of the program;

5.5 The SRO shall make himself/herself available for conferences with students, parents and faculty members in order to assist them with problems of a law enforcement or crime prevention nature;

5.6 The SRO shall become familiar with all community agencies which offer assistance to youths and their families such as mental health clinics, drug treatment centers, etc.;

5. 7 The SRO shall assist the high school principal in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest;

5.8 Should it become necessary to conduct formal police interviews with students, the SRO shall adhere to school board policy to the extent that such policies do not conflict with police departmental general orders, regulations, policies and legal requirements to conduct such interviews;

5.9 The SRO shall take all law enforcement action as required. As soon as practical, the SRO shall make the principal or his designee aware of such action. The SRO shall take appropriate law enforcement actions against intruders and unwanted guests who may appear at the school and related school functions, to the extent that the SRO may do so under the authority of law;

5.1 O The SRO shall give assistance to other law enforcement personnel in matters regarding his/her school assignment as well as responding to an officer needing assistance;

5.11 The SRO shall participate in and/or attend school functions as requested by the District. The SRO shall coordinate his schedule with the High School Principal ( or designee) when these situations arise.

5.12 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. These records shall include, but not be limited to, statistical findings from his or her school. These records will be submitted to the supervisor of the School Resource Program;

5.13 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate.

6.0 Chain of Command

6.1 As an employee of the Newman Police Department, the SRO shall follow the chain of command as set forth in the Newman Police Department Policies and Procedure Manual.

6.2 In the performance of his/her duties, the SRO shall make every reasonable effort to coordinate and communicate with the High School Principal or the principals' designee of the assigned school.

7.0 Training
7 .1 The SRO shall be required by the Newman Police Department to attend police training sessions. Training sessions will be conducted to provide SRO's with appropriate in-service training, such as updates in the law, inservice firearm training and law enforcement-school related training. This training includes the basic POST approved SRO course. These costs will be paid by the City.
7 .2 The School District also may provide training in Board of Trustee policies, regulations and procedures. Training related to school type incidents and student safety may also be provided by the school district. If the District requires the SRO to attend District specific training or additional training the District identifies as needed for the SRO, the District agrees to pay for such training.

8.0 Supplies and Equipment

8.1 The Newman Police Department shall provide a police vehicle for the SRO.

In addition, the Newman Police Department agrees to maintain the vehicle, pay for gasoline, oil, replacement of tires and other expenses associated with the operation of the said vehicle;

8.2 The Newman Police Department agrees to provide the SRO with standard issue equipment, firearm and rounds of ammunition as needed to perform their duties;

9.0 Access to Education Records

9.1 School officials shall allow the SRO to inspect and copy any public records maintained by the school including power school, student directory information, classroom assignments and discipline files. However, law enforcement officials may not inspect and/or copy confidential student education records except in emergency situations;

9.2 If some information in a student's cumulative record is needed in an emergency to protect the health or safety of the student or other individuals, school officials may disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety; the need of the information to meet the emergency situation and the extent to which time is of the essence;

9.3 If confidential student record information is needed, but no emergency situation exists, the information may be released only upon the issuance of a search warrant or subpoena to produce the records.

10.0 Evaluation

10.1 It is mutually agreed that the NCLUSD shall annually evaluate the SRO program and the performance of the SRO on forms developed jointly by the parties. It is further understood that the NCLUSD evaluation of the SRO is advisory only and that the Newman Police Department retains the final authority to evaluate the performance of the SRO.

11.0 Discrimination

11.1 Neither NCLUSD nor City and/or its employees shall discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.

12.0 Indemnify/Hold Harmless

12.1 NCLUSD will defend, indemnify, and hold harmless the City of Newman, its agents, officers and employees against all suits and claims that may be based on injury to persons or property that is the result of an error, omission, or negligent act of the NCLUSD and its officers, agents, or employees in the performance of this contract. The City of Newman will defend, indemnify and hold harmless NCLUSD, its agents, officers and employees against all suits and claims that may be based on an injury to persons or property that is a result of an error, omission, negligent acts of the City of Newman and its officers, agents, or employees in the performance of this contract.

13.0 Notices
Any notices herein provided to be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid and addressed as follows:

To: Justin Pruett, Superintendent
Newman-Crows Landing Unified School District
1223 Main Street
Newman, CA 95360
To: Ray Framstad, Chief of Police
City of Newman Police Department
1200 Main Street
Newman, CA 95360
The address to which the notices to be sent may be changed by either party advising the other in writing of such change. Nothing herein shall preclude the giving of any notice by personal service.

14.0 Term and Termination
This agreement shall commence on the date signed by both parties and shall remain in full force and effect until cancellation by either party given 30 days written notice.

15.0 Modification of Agreement
This agreement may not be changed or modified except in writing and signed by both parties.

16.0 Agency Relationship
This contract is not intended to, and shall not be, to create the relationship of principalagent, master-servant, or employer-employee between NCLUSD and CITY.

17.0 Copies of Agreement
This agreement is executed in counterparts, each of which shall be deemed a duplicate original.

IN WITNESS WHEREOF, the parties the day and year first above written have affixed their signatures hereto.

CITY OF NEWMAN
A Municipal Corporation
BY: ---------------- Michael Holland, City Manager Date

NEWMAN POLICE DEPARTMENT
BY: ---------------- Ray Framstad, Chief of Police Date

NEWMAN-CROWS LANDING UNIFIED SCHOOL DISTRICT
BY: ---------------- Justin Pruett, Superintendent Date

NEWMAN-CROWS LANDINC UNIFIED SCHOOL DISTRICT
Date: 7 /23/26
Michael Holland
City of Newman
P.O. Box 787
Newman, CA 95360
District Superintendent
Justin Pruett
Subject: Notice of Termination of School Resource Officer Memorandum of Understanding Dear Michael Holland,
This letter serves as formal written notice that the Newman-Crows Landing Unified School District is exercising its right to terminate the Memorandum of Understanding between the Newman-Crows Landing Unified School District and the City of Newman for School Resource Officer Services.

The District appreciates the partnership and services provided by the Newman Police Department through the School Resource Officer Program and thanks the City for its collaboration in supporting the safety and well-being of our students and staff.

Sincerely,
Justin Pruett
Superintendent
Newman-Crows Landing Unified School District
1223 Main Street
Newman, CA 95360
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.e.

City Council Meeting
of August 11, 2026
APPROVE RESOLUTION NO. 2026- , AUTHORIZING THE CITY MANAGER TO EXECUTE

A PURCHASE AND SALE AGREEMENT WITH GEORGE AND MARLENE SOUZA FOR

THE SALE OF CITY-OWNED REAL PROPERTY LOCATED ALONG MARIPOSA STREET (STANISLAUS COUNTY APNS 026-0260-017 AND 026-0260-018).

RECOMMENDATION:

Approve Resolution No. 2026- , authorizing the City Manager to execute a Purchase and Sale Agreement with George and Marlene Souza for the sale of City-owned real property located along Mariposa Street (Stanislaus County APNs 026-0260-017 and 018) in the amount of $300,000.

BACKGROUND:

The City is owner in fee of real property located along the south side of Mariposa Street and west of T Street, identified as Stanislaus County APNs 026-0260-017 and 018 (the "Property"). The City purchased the Property in 1996 from Delta National Bank and, over the years, evaluated the possibility of developing a baseball/softball complex on the site.

In November 2022, the City declared the Property surplus and followed the process and requirements prescribed by AB 1486 (the Surplus Land Act). The Property has continued to be used for agricultural purposes.

ANALYSIS:

The Purchase and Sale Agreement ("Agreement") sets the total purchase price for the Property at $300,000. Within five (5) business days after City Council ratification of the Agreement, Buyer must deposit a non-refundable earnest money deposit of$1,000 with EscrowHolder, Stewart Title of California, Inc. in Turlock. The balance of the purchase price is payable in cash at close of escrow.

The Property will be conveyed to Buyer on an "as-is" basis. Consistent with the City's practice on prior surplus land sales, the City makes no representation or warranty regarding the existence, quantity, or transferability of any water rights, irrigation rights, or water entitlements associated with the Property, and Buyer bears sole responsibility for determining the availability and usability of water for the Property. Buyer is also granted the right, at its own expense, to conduct environmental and other studies on the Property prior to closing, and has agreed to indemnify the City for any damage arising from that entry.

Buyer is responsible for all escrow fees, title insurance premiums, recording fees, and any transfer taxes associated with the transaction. Each party is responsible for its own attorneys' fees.

FISCAL IMPACT:

The sale will generate $300,000 in proceeds to the City. As reflected in the Agreement, staff intends to djrect these proceeds toward construction of the Veterans Circle memorial in the downtown plaza.

CONCLUSION:

The proposed sale allows the City to convey a surplus parcel it has held since 1996, generate $300,000 toward the Veterans Circle memorial, and allow the Property to remain in active agricultural use under new ownership. Staff recommends the City Council approve Resolution No. 2026 - xx authorizing the City Manager to execute the Purchase and Sale Agreement with George and Marlene Souza.

ATTACHMENTS:

1. Resolution No. 2026- , Authorizing the City Manager to Execute a Purchase and Sale Agreement with George and Marlene Souza for the Sale of City-Owned Real Property Located Along Mariposa Street (Stanislaus County APNs 026-0260-017 and 018)

2. Purchase and Sale Agreement between the City of Newman and George and Marlene Souza Respectfully Submitted,
Michael E. Holland
City Manager
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN

AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE

AGREEMENT WITH GEORGE AND MARLENE SOUZA FOR THE SALE OF CITY-OWNED REAL PROPERTY LOCATED AT 648 MARIPOSA STREET (STANISLAUS COUNTY APNS 026-026-017 AND 026-026-018)
WHEREAS, the City is owner in fee of two parcels of real property located at 648 Mariposa Street, Newman, California (Stanislaus County APNs 026-026-017 and 026-026-018) (the "Property"); and WHEREAS, the City purchased the Property in 1996 from Delta National Bank for use as a community park and/or baseball/softball complex, but has since determined that developing the Property for those uses is not economically feasible; and
WHEREAS, the City Council declared the Property surplus pursuant to Resolution No. 2022-55, adopted on or about November 8, 2022, and the Property has since been made available for direct sale in accordance with the Surplus Land Act (Government Code§§ 54220-54234); and WHEREAS, George and Marlene Souza ("Buyer") desire to purchase the Property to continue its current agricultural use; and
WHEREAS, City staff has negotiated the terms of a Purchase and Sale Agreement with Buyer, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City Council has reviewed the Agreement and desires to authorize the City Manager to execute the Agreement on behalf of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman that the recitals set forth above are true and correct and are incorporated herein by this reference.

BE IT FURTHER RESOLVED by the City Council that the City Council hereby approves the Purchase and Sale Agreement with George and Marlene Souza, attached hereto as Exhibit A, and does hereby authorize the City Manager to execute any and all documents, and take any and all actions, reasonably necessary or convenient to carry out and implement the Agreement and the transaction contemplated.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 11th day of August, 2026 by Council Member _________ _, who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

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

PURCHASE AND SALE AGREEMENT
between

GEORGE AND MARLENE SOUZA
and

THE CITY OF NEWMAN
THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreement”) is entered into this 12th day of August, 2026 (hereinafter “Effective Date”) between GEORGE AND MARLENE SOUZA (hereinafter “Buyer”) and THE CITY OF NEWMAN, a California municipal corporation (hereinafter “Seller” or “City”)). Buyer and Seller shall be referred to hereinafter collectively as “Parties” or singly as a “Party”.

RECITALS
A. WHEREAS, Seller is owner in fee of two parcels of property on the south side of Mariposa Street and west of T Street, Newman, Stanislaus County, California and bearing APNs 026-026-017 and 026- 026-018, described more particularly in the Legal Description attached hereto as Exhibit A and incorporated herein by this reference (“Property”);
B. WHEREAS, Seller purchased the Property in 1996 from Delta National Bank for use as a community park and/or baseball/softball complex, but has since determined that the costs associated with developing the Property for such uses make it economically infeasible to do so; C. WHEREAS, Seller declared the Property surplus pursuant to Resolution No. 2022-55 duly adopted by the Newman City Council on or around November 8, 2022 and represents that the Property has been made available to direct sale pursuant to the requirements of the Surplus Land Act (Gov. Code, §§54220–54234);
D. WHEREAS, Seller believes the sale of the Property will generate revenues that could be used for other community recreational opportunities including without limitation the development of a Veterans Circle as part of the City’s downtown plaza;
E. WHEREAS, Buyer desires to purchase Property to continue its current agricultural use; and, F. WHEREAS, Seller is willing to sell Property to Buyer under the terms and conditions of this Agreement.

TERMS, CONDITIONS, AND COVENANTS
NOW, THEREFORE, in consideration of the covenants contained herein, and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

Exhibit "A"

ARTICLE I

DEFINED TERMS
For the purpose of this Agreement, the terms set forth below shall have the following meanings:

1.01 Close of Escrow shall occur within ninety (90) days from the Effective Date (“Closing Date”).

When all escrow submissions are made, escrow may close at any time within said ninety (90) day period.

The parties, by extension in escrow, may extend the escrow beyond the ninety (90) day period. It is the desire of the parties to close escrow as soon as possible.

1.02 Deed shall mean a grant deed, or similar instruments, conveying title to the Property described herein from Seller to Buyer. Seller warrants that, as of the close of this escrow, Seller has full, legal and equitable title to convey the Property described herein.

1.03 Escrow shall mean that escrow opened with Escrow Holder pursuant to this Agreement.

1.04 Escrow Holder shall mean Stewart Title of California, Inc., 2030 W. Monte Vista Avenue, Turlock, or such other title company selected by Buyer and approved by Seller.

1.05 Escrow Instructions shall mean (a) the provisions of this Agreement requiring any action by, or compliance on the part of, Escrow Holder, (b) escrow instructions known as “general provisions” which are pro forma escrow instructions for Escrow Holder (to the extent such escrow instructions do not conflict with escrow instructions specifically set forth in this Agreement) and (c) any other supplemental instructions as may from time to time hereafter be signed and delivered by the parties to Escrow Holder. In the event of any conflict between this Agreement and the “general provisions” of Escrow Holder’s pro forma escrow instructions, the escrow instructions contained in this Agreement will govern.

1.06 Real Property or Property shall mean and refer to the Property bearing the legal description as set forth in Exhibit A attached hereto and made a part hereof.

ARTICLE II

AGREEMENT OF SALE

2.01 Purchase and Sale. Subject to the terms and provisions of this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the Property. Seller and Buyer acknowledge this transaction will utilize two separate escrow accounts.

2.02 Purchase Price. The total purchase price for the properties shall be Three Hundred Thousand Dollars ($300,000). Within five (5) business days after City Council ratification of this Agreement, Buyer shall deposit with Escrow Holder a non-refundable earnest money deposit in the amount of One Thousand Dollars ($1,000) (“Deposit”).

2.03 Terms of Payments. Buyer shall pay the full Purchase Price (less the Deposit) in cash at Close of Escrow. Buyer intends to structure this transaction as a tax-deferred like-kind exchange pursuant to Section 1031 of the Internal Revenue Code. Seller agrees to reasonably cooperate with Buyer’s exchange at no cost or liability to Seller. Buyer’s 1031 exchange shall not delay Close of Escrow or impose any additional obligations on Seller. Buyer shall indemnify and hold Seller harmless from any claims, losses, or expenses arising from said exchange.

2.04 Contingencies. The sale of the Property herein is contingent upon the following:
(a) Approval(s). City Council approval and ratification of this Agreement.

(b) Seller’s Closing Conditions. Seller’s obligation to sell the Property is expressly conditioned on the fulfillment of each condition precedent at or before the Closing (“Seller’s Closing Conditions”). Seller’s Closing Conditions are solely for Seller’s benefit and any of Seller’s Closing Conditions may be waived in writing by Seller in whole or in part without prior notice. Seller’s Closing Conditions include Buyer’s approval of contingencies or waiver of all contingencies as required under this Section 2.04.
(c) Delivery of Closing Documents and Funds. Buyer must have delivered to Escrow any and all closing documents required to complete the sale contemplated herein and the Purchase Price specified in Section 2.02 of this Agreement.

ARTICLE III
SELLER’S REPRESENTATIONS AND WARRANTIES
Seller covenants, represents, and warrants the following:

3.01 Full Authority to Convey All Interest in the Property. Seller has the full right, power and authority to 1) execute this Agreement, and related title documents, 2) perform all of the obligations hereunder and, 3) dispose of or otherwise convey Property as described herein. Seller represents that it has secured, or will secure before close of escrow, all appropriate consents necessary, if any, to consummate this Agreement.

3.02 Compliance with Applicable Law and No Pending Litigation Against Property. After diligent inquiry, to the best of Seller’s knowledge, there is no violation of federal, state, local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with Property which would prohibit or affect the sale thereof.

3.03 No Liens Securing Payment or Other Obligations on Property. Seller warrants that Property is not encumbered, or will not be encumbered by the time of Close of Escrow, by liens securing payment or other obligations which, if not performed, would entitle a third party or entity to foreclose on Property as collateral. Seller agrees to pay any general and special taxes which are delinquent on Property and to pay any special assessments due on Property as of the date of close of escrow.

3.04 Possession and/or Occupancy. There are no leases, rights of first refusal, or other agreements relating to the right of possession and/or occupancy of the Property by any person or entity, except for matters of record. Seller shall cause the Property to be conveyed to Seller free and clear of any such interests.

3.05 Hazardous Wastes. To Seller’s knowledge, Seller has received no written notice of any Hazardous Materials located on, under, or about the Property, except as may be disclosed in the Preliminary Documents.

ARTICLE IV
BUYER’S REPRESENTATIONS AND WARRANTIES
Buyer covenants, represents, and warrants the following:

4.01 Buyer Authority and Consents. Buyer represents and warrants that it has or shall have full authority to carry out the provisions of this Agreement.

4.02 Buyer’s Representations, Warranties, and Covenants. The representations and warranties of Buyer in this Agreement must be true in all material respects on and as of the Closing Date with the same effect as if such representations and warranties had been made on and as of the Closing Date.

ARTICLE V

ESCROW CLOSING COSTS

5.01 Buyer and Seller shall each pay one-half (50%) of all escrow fees charged by Escrow Holder in connection with the Close of Escrow. Buyer shall pay all title insurance premiums (including extended coverage), recording fees, and any and all transfer taxes arising from or related to Close of Escrow, and each Party shall pay its own attorneys' fees arising from or related thereto, except as set forth in Section 13.11 of Article XIII of this Agreement.

ARTICLE VI

TITLE INSURANCE AND PRELIMINARY REPORT

6.01 Preliminary Report. A preliminary report (“Preliminary Report”) dated no earlier than thirty (30) days before the Effective Date covering the Property and issued by Escrow Holder, together with a legible copy of all exceptions to title shown in the Preliminary Report, including each document, map, and survey referred to in the Preliminary Report.

6.02 Title Objections. With respect to any title objection arising or resulting from any act or omission of Seller (“Title Objection”), Seller will have ten (10) days after delivery of Buyer’s Title Notice (or Buyer’s deemed objection to all exceptions) to specify the manner in which it will remove or cure such Title Objection. With respect to any Title Objection that did not arise or result from any act or omission of Seller, Seller will have ten (10) days after delivery of Buyer’s Title Notice to give notice to Buyer in writing (“Seller’s Title Notice”), stating either (a) the manner in which Seller will remove or cure such Title Objection, or (b) that Seller will not remove or cure such Title Objection. If Seller fails to deliver Seller’s Title Notice within the time specified in this section, Seller will be deemed to have elected not to cure such Title Objection. If Seller elects not to cure or remove a Title Objection (or is deemed to have so elected), then Buyer will have ten (10) days after delivery of the Seller’s Title Notice to deliver a written notice to Seller (“Buyer’s Election Notice”) of Buyer’s election either to (a) proceed with the purchase of the Property, waive such Title Objection, and accept the exception shown in the Preliminary Report as a Permitted Exception, or (b) terminate this Agreement. If Buyer fails to deliver Buyer’s Election Notice within the time specified in this section, Buyer will be deemed to have elected to terminate this Agreement.

ARTICLE VII

ESCROW PROVISIONS

7.01 Escrow. The transfer of documents and funds contemplated herein for the purchase and sale of Property shall be effected through an escrow opened by Buyer at Stewart Title of California, Inc., 2030 W. Monte Vista Avenue, Turlock (Escrow Holder).

7.02 Conditions to Close of Escrow. The following shall constitute conditions precedent to the close of escrow (i.e., the transfer of Property) which may be waived only by written waiver executed by Seller or Buyer as applicable:
(a) Buyer shall have deposited with Escrow Holder the total amount specified in section

2.03;
(b) City Council’s approval and ratification of this Agreement as required by law;

(c) Buyer shall not be in breach or default of any provision herein; (d) Buyer’s warranties and representations as set forth herein are true as of the Close of Escrow;
(e) Seller shall have deposited with Escrow Holder all of the items required under this Agreement;
(f) Seller shall not be in breach or default of any provision herein; (g) Seller’s warranties and representations as set forth herein are true as of the Close of Escrow;
(h) The Escrow Holder shall be committed to issue and shall issue as of the Close of Escrow the title policy as set forth in this Agreement; and (i) Seller shall reasonably cooperate with Buyer on any tax exchange or involuntary exchange pursuant to IRC section 1033 that may result from this transaction.

7.03 Seller’s Delivery to Escrow Holder. Seller covenants that, at least one (1) business day prior to the Closing Date, Seller shall deliver or cause to be delivered to Escrow Holder, at Seller's sole cost and expense, each of the following items:
(a) One (1) original counterpart of the Grant Deed duly executed and acknowledged by Seller;
(b) Such other documents necessary to carry out the provisions of this Agreement.

7.04 Buyer’s Delivery to Escrow Holder. On or before the Close of Escrow, Buyer shall deliver, or cause to be delivered to Escrow Holder, the following:
(a) The amount set forth in section 2.03;
(b) Such other documents which are necessary to carry out the provisions of this Agreement.

7.05 Close of Escrow. The Close of Escrow shall be as set forth in Section 1.01 when all conditions are met as described herein and when all payments are on deposit with Escrow Holder.

7.06 Escrow Holder’s Duties upon Close of Escrow. At the close of escrow, Escrow Holder shall:
(a) Record the fully executed Grant Deed;
(b) Prepare any preliminary or change of ownership statements as required by law with respect to close of escrow;
(c) Deliver the policy of title insurance as required and requested by Buyer as described in this Agreement at Close of Escrow;
(d) Deliver to Seller the amount set forth in Section 2.03; and

(e) Perform such other duties as, in the opinion of Escrow Holder, are necessary to carry out the terms and provisions of this Agreement.

7.07 Distribution of Escrow Documents. Escrow Holder shall deliver and distribute the following documents:
(a) To Seller, a proposed and final Seller’s closing statement; (b) To Buyer, a proposed and final Buyer’s closing statement and pro forma policy of title insurance;
(c) To Seller, recorded copies of the deed;
(d) To Buyer, after recordation, the originals of the grant deed or deeds, the policy of title insurance; and
(e) To Buyer and Seller, copies of such other documents, if any, not referenced herein and which are recorded at close of escrow.

7.08 Supplemental Escrow Instructions. The Parties agree to execute supplemental escrow instructions to carry out the provisions of this Agreement provided they are not inconsistent with the provisions herein, or with the Agreement, or the Agreement as may hereafter be amended by and between the Parties.

ARTICLE VIII

AS-IS / DUE DILIGENCE

8.01 Purchase of Property “As-Is.” Buyer acknowledges and agrees that it is purchasing the Property based solely upon Buyer's inspection and investigation of the Property and all documents related thereto, or its opportunity to do so, and Buyer is purchasing the Property in an “AS IS, WHERE IS” condition, without relying upon any representations or warranties, express, implied or statutory, of any kind. Without limiting the foregoing, Buyer acknowledges that neither Seller, except as expressly set forth in this Agreement, nor any other party, has made any representations or warranties, express or implied, on which Buyer is relying as to any matters, directly or indirectly, concerning the Property including, but not limited to, the land, acreage of the Property, improvements and infrastructure, if any, development rights and exactions, expenses associated with the Property, taxes, assessments, bonds, permissible uses, title exceptions, water or water rights/entitlements, topography, utilities, zoning of the Property, soil, subsoil, the purposes for which the Property is to be used, drainage, environmental or building laws, rules or regulations, toxic waste or Hazardous Materials, or any other matters affecting or relating to the Property. Buyer hereby expressly acknowledges that no such representations have been made.

8.02 Due Diligence. Buyer’s obligation to purchase the Property is expressly conditioned on its approval, in its sole discretion, of the “as is” condition of the Property and all other matters concerning the Property, including without limitation economic, financial, and accounting matters relating to or affecting the Property or its value, and the physical and environmental condition of the Property. Buyer shall perform and rely solely upon its own investigation concerning its intended use of the Property, the Property's fitness therefor, and the availability of such intended use under applicable statutes, ordinances, and regulations.

Buyer further acknowledges and agrees that Seller's cooperation with Buyer in connection with Buyer's due diligence review of the Property, whether by providing a title commitment, environmental reports and other documents, or permitting inspection of the Property, shall not be construed as any warranty or representation, express or implied, of any kind with respect to the Property, or with respect to the accuracy, completeness, or relevancy of any such documents. Buyer will have thirty (30) days from the Effective Date of this

Agreement to conduct whatever investigations of the Property it deems necessary or appropriate to determine that the Property is suitable for its needs (the “Due Diligence Period”). Buyer shall have continued access to the Property as set forth in subsection (a) of this Section 8.02, until the Closing Date; provided, however, the Parties agree that the Deposit is non-refundable to Buyer unless Buyer terminates this Agreement on or before expiration of the Due Diligence Period. Unless Buyer delivers to Seller and Title Company a written notice terminating this Agreement on or before 5:00 p.m. PST on the last day of the Due Diligence Period, Buyer shall be deemed to have approved the Property as suitable for its needs. If Buyer fails to give such notice on or before the Contingency Date, Buyer will be deemed to have elected to proceed with the purchase of the Property.
(a) Access to Property. As part of its Due Diligence, Buyer may investigate economic, financial, and accounting matters relating to or affecting the Property or its value, and conduct inspections, tests, and studies with respect to the physical and environmental condition of the Property. Buyer and Buyer’s consultants, agents, engineers, inspectors, contractors, and employees (“Buyer’s Representatives”) must be given reasonable access to the Property during regular business hours for the purpose of performing such Due Diligence. Buyer will undertake the Due Diligence at its sole cost and expense. Buyer will indemnify, defend with counsel reasonably acceptable to Seller, and hold Seller harmless from all claims (including claims of lien for work or labor performed or materials or supplies furnished), demands, liabilities, losses, damages, costs, fees, and expenses, including Seller’s reasonable attorney fees, costs, and expenses, arising from the acts or activities of Buyer or Buyer’s Representatives in, on, or about the Property during or arising in connection with Buyer’s inspections of the Property.
(b) Assumption of Risk. Subject to the other provisions of this Agreement, Buyer agrees that, by its acceptance or waiver of the contingencies in this Section 2.04, it assumes the risk that an adverse condition of the Property may not have been revealed by its own Due Diligence. On Buyer’s acceptance or waiver of the contingencies in this Section 2.04, Seller will have no obligation to repair, correct, or compensate Buyer for any condition of the Property, including defects in the improvements, noncompliance with applicable laws and regulations, including without limitation zoning laws, building codes, and the Americans with Disabilities Act, whether or not such condition of the Property would have been disclosed by Buyer’s Due Diligence.

ARTICLE IX

WAIVER/RELEASE

9.01 Waiver/Release. Without in any manner limiting any of Seller's representations, warranties, covenants and obligations expressly set forth in this Agreement, the Grant Deed, or any of the documents delivered by Seller pursuant to this Agreement, closing of the purchase of the Property by Buyer hereunder shall be conclusive evidence that (1) Buyer has fully and completely inspected (or has caused to be fully and completely inspected) the Property, and (2) Buyer accepts the Property as being in good and satisfactory condition and suitable for Buyer's purposes, and (3) the Property fully complies with Seller's covenants and obligations hereunder except for any covenants and obligations of Seller which this Agreement expressly provides are to be performed in whole or in part after Closing. Without limiting the generality of the foregoing, Buyer hereby expressly waives, releases and relinquishes any and all claims, causes of action, rights and remedies Buyer may now or hereafter have against Seller, and its councilmembers, directors, officers, employees, attorneys, and other agents, whether known or unknown, under any Environmental Law, or common law, in equity or otherwise, with respect to (1) any past, present or future presence or existence of Hazardous Materials on, under or about the Property (including, without limitation, in the groundwater underlying the Property) or (2) any past, present or future violations of any Environmental Laws. For the

purposes of this Agreement, the term “Environmental Laws” means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist or as may be amended or supplemented, or hereafter enacted or promulgated, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A., § 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C., § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C., § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C., § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C., § 2701 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C., § 11001 et seq.), the Porter Cologne Water Quality Control Act (Cal. Wat. Code, § 13020 et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code, § 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safe Code, § 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code, § 25500 et seq.), and the Carpenter PresleyTanner Hazardous Substances Account Act (Cal. Health & Safety Code, § 25300 et seq.). As used herein, the term “Hazardous Material(s)” includes, without limitation, any hazardous or toxic material, substance, irritant, chemical or waste, which is (i) defined, classified, designated, listed or otherwise considered under any Environmental Law as a “hazardous waste,” “hazardous substance,” “hazardous material,” “extremely hazardous waste,” “acutely hazardous waste,” “radioactive waste,” “biohazardous waste,” “pollutant,” “toxic pollutant,” “contaminant,” “restricted hazardous waste,” “infectious waste,” “toxic substance,” or any other term or expression intended to define, list, regulate or classify substances by reason of properties harmful to health, safety or the indoor or outdoor environment, (ii) toxic, ignitable, corrosive, reactive, explosive, flammable, infectious, radioactive, carcinogenic or mutagenic, and which is or becomes regulated by any local, state or federal governmental authority, (iii) asbestos, (iv) an oil, petroleum, petroleum based product or petroleum additive, derived substance or breakdown product, (v) urea formaldehyde foam insulation, (vi) polychlorinated biphenyls (“PCBs”), (vii) freon and other chlorofluorocarbons, (viii) any drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal resources, and (ix) lead-based paint.

Without limiting Buyer's rights under this Agreement, Buyer expressly waives any rights or benefits available to it with respect to the foregoing releases under any provision of applicable law that generally provides that a general release does not extend to claims that the creditor does not know of or suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement. By execution of this Agreement, Buyer acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this ARTICLE IX. Without limiting the generality of the foregoing, Buyer acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542 (“Section 1542”).

BUYER SPECIFICALLY WAIVES THE PROVISIONS OF SECTION 1542 WHICH PROVIDES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY

INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES.

ACCEPTED AND AGREED TO: ________________________ (Buyer’s Initials)

9.02 Survival. The provisions of this ARTICLE IX shall survive the Closing (or any earlier termination of this Agreement) and the recordation of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation.

ARTICLE X

NOTICES

10.01 Any notice, demand, approval, consent, or other communication between the parties shall be mailed to the following addresses:

TO BUYER: George and Marlene Souza
2101 Hallowell Road
Newman, California 95360

TO SELLER: City Manager
City of Newman
P.O. Box 787
Newman, California 95360

ARTICLE XI

REMEDIES FOR DEFAULT

11.1. Buyer’s Default. Buyer will be deemed to be in default under this Agreement (1) if Buyer fails, for any reason other than Seller’s default under this Agreement or the failure of a condition precedent to Buyer’s obligation to perform under this Agreement, to meet, comply with, or perform any covenant, agreement, or obligation required on its part within the time limits and in the manner required in this Agreement, or (2) if a material breach of any representation or warranty (made by Buyer) has occurred by reason of Buyer’s actual fraud or intentional misrepresentation; provided, however, that no such default will be deemed to have occurred unless and until Seller has given Buyer written notice of this Agreement, describing the nature of the default, and Buyer has failed to cure such default within _ five (5) days after the receipt of such notice (but in any event before the Closing Date, unless such default occurs after Closing).

11.2. REMEDIES FOR BUYER’S DEFAULT. IF THE CLOSING FAILS TO OCCUR BECAUSE OF BUYER’S DEFAULT UNDER THE TERMS OF THIS AGREEMENT, BUYER WILL BE

RESPONSIBLE FOR ALL CANCELLATION CHARGES REQUIRED TO BE PAID TO ESCROW HOLDER AND ANY ESCROW CHARGES. IN ADDITION, THIS AGREEMENT AND THE RIGHTS

AND OBLIGATIONS OF THE PARTIES WILL TERMINATE AND THE DEPOSITS WILL BE IMMEDIATELY DELIVERED BY ESCROW HOLDER TO SELLER ON SELLER’S REQUEST. THE DEPOSITS WILL BE DEEMED LIQUIDATED DAMAGES FOR BUYER’S NONPERFORMANCE AS SELLER’S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER (INCLUDING, WITHOUT LIMITATION, SELLER’S RIGHTS TO SEEK SPECIFIC PERFORMANCE OF THIS AGREEMENT AND TO RECEIVE DAMAGES) FOR BUYER’S FAILURE TO PURCHASE THE PROPERTY, WHICH

SUMS WILL BE PRESUMED TO BE A REASONABLE ESTIMATE OF THE AMOUNT OF ACTUAL DAMAGES SUSTAINED BY SELLER BECAUSE OF BUYER’S BREACH OF ITS OBLIGATION TO PURCHASE THE PROPERTY. FROM THE NATURE OF THIS TRANSACTION, IT IS

IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES THAT SELLER WOULD SUSTAIN IF BUYER BREACHES SUCH OBLIGATION. THE

IMPRACTICABILITY AND DIFFICULTY OF FIXING ACTUAL DAMAGES IS CAUSED BY, WITHOUT LIMITATION, THE FACT THAT THE PROPERTY IS UNIQUE. GIVEN THE FOREGOING

FACTS, AMONG OTHERS, BUYER AND SELLER AGREE THAT LIQUIDATED DAMAGES ARE

PARTICULARLY APPROPRIATE FOR THIS TRANSACTION AND AGREE THAT SAID LIQUIDATED DAMAGES MUST BE PAID IN THE EVENT OF BUYER’S BREACH OF ITS

OBLIGATION TO PURCHASE THE PROPERTY, DESPITE ANY WORDS OR

CHARACTERIZATIONS PREVIOUSLY USED OR CONTAINED IN THIS AGREEMENT IMPLYING ANY CONTRARY INTENT. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS

NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE § 3275 OR § 3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER UNDER CALIFORNIA CIVIL CODE §§1671, 1676, AND 1677. NOTHING IN THIS AGREEMENT WILL, HOWEVER, BE DEEMED TO LIMIT BUYER’S LIABILITY TO SELLER FOR DAMAGES OR INJUNCTIVE RELIEF FOR BREACH OF BUYER’S INDEMNITY OBLIGATIONS OR FOR ATTORNEY FEES AND COSTS AS PROVIDED IN THIS AGREEMENT.

WE ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION:

Seller’s Initials: ____
Buyer’s Initials: ____

11.3. Seller’s Default. Seller will be deemed to be in default under this Agreement (a) if Seller fails, for any reason other than Buyer’s default under this Agreement or the failure of a condition precedent to Seller’s obligation to perform under this Agreement, to meet, comply with, or perform any covenant, agreement, or obligation required on its part within the time limits and in the manner required in this Agreement, or (a) if a material breach of any representation or warranty (made by Seller) has occurred because of Seller’s actual fraud or intentional misrepresentation; provided, however, that no such default will be deemed to have occurred unless and until Buyer has given Seller written notice of the default, describing its nature, and Seller has failed to cure such default within five (5) days after receipt of such notice (but in any event before the Closing Date, unless such default occurs after Closing).

11.4. WAIVER OF RIGHT TO SPECIFIC PERFORMANCE. IF SELLER FAILS TO CONVEY

THE PROPERTY TO BUYER IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT,

AND SUCH FAILURE CONSTITUTES A DEFAULT UNDER THIS AGREEMENT, THEN BUYER

WILL BE ENTITLED TO THE RETURN OF THE DEPOSIT AND ALL INTEREST ACCRUED ON

THAT DEPOSIT WHILE IN ESCROW, BUT BUYER WILL NOT HAVE THE RIGHT TO RECEIVE

ANY EQUITABLE RELIEF, INCLUDING WITHOUT LIMITATION THE RIGHT TO RECORD A LIS

PENDENS AGAINST THE PROPERTY UNDER APPLICABLE LAW OR TO PURSUE THE SPECIFIC

PERFORMANCE OF THIS AGREEMENT, BUT BUYER WILL HAVE THE RIGHT TO PURSUE AN ACTION FOR DAMAGES AGAINST SELLER RELATIVE TO SUCH DEFAULT. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THIS SECTION 11.4 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

Seller’s Initials: ____
Buyer’s Initials: ____

11.5. Remedies Cumulative. The remedies set forth in this Agreement shall be cumulative.

ARTICLE XIII

MISCELLANEOUS PROVISIONS

13.01 Further Documents. The parties hereto agree to make, execute and deliver such documents and undertake such other and further acts as may be reasonably necessary or convenient to carry out the intent of the parties to this Agreement.

13.02 Entire Agreement. This Agreement, plus such ancillary agreements as may be executed by the Parties not a part of this Purchase Agreement, and any and all related documents to consummate this Agreement, sets forth the entire Agreement between Sellers and Buyer and supersedes all prior negotiations and agreements, written or oral, concerning or relating to the subject matter hereof.

13.03 Invalidity of Any Provision. If any provision of this Agreement as applied to either Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Agreement as a whole.

13.04 Amendments in Writing. No amendment or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing and signed by both Parties hereto.

13.05 Time is of the Essence. Time is of the essence in this Agreement and each and every provision hereof. Although time is of the essence in this Agreement, this provision shall not cause an automatic forfeiture and shall be construed in accordance with traditional principles of equity.

13.06 Governing Law. All questions with respect to the construction of this Agreement and the rights and liabilities of the Parties shall be governed by the laws of the State of California.

13.07 Headings. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not to be construed as enlarging or limiting the language following said headings.

13.08 Construction. Whenever the context of this Agreement requires, the singular shall include the plural and the masculine, feminine and neuter shall include the others. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared this Agreement.

This Agreement consists of not only this Agreement but any and all related documents necessary to consummate the purchase of the Property.

13.09 Survival of Warranties and Covenants. All of the covenants, representations and warranties set forth herein which are intended to bind the Parties after the vesting of title in Buyer shall survive the close of escrow and delivery of the deed(s).

13.10 Execution in Counterpart. The execution of any document, including this Agreement, may be made in counterpart such that each document, when all signatures are appended together, shall constitute a fully executed original or copy thereof. Except for the conveyance documents to be recorded, all other documents may be executed by facsimile signature.

13.11 Attorneys’ Fees. Each Party shall bear its own attorneys’ fees with respect to the negotiation and drafting of this Agreement and the Closing of the sale of the Property hereunder. However, in the event of any action or proceeding to enforce a term or condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in connection with any provision of this Agreement or any action or proceeding in any way arising from this Agreement, including any interpleader of the Deposit by the Escrow Holder, the prevailing party in such action, or the nondismissing party when the dismissal occurs other than by a settlement, will be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorney fees and costs of defense paid or incurred in good faith. The “prevailing party,” for purposes of this Agreement, will be deemed to be that party who obtains substantially the result sought, whether by settlement, dismissal, or judgment.

13.13 Binding Effect. This Agreement is binding upon the heirs, executors, successors, and assigns of the Parties.

13.14 Assignment. Buyer will have the right to assign all or any portion of its interest in this Agreement, provided that Buyer gives written notice of such assignment to Seller before the Closing Date.

13.15. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party to this Agreement or give any third person any right of subrogation or action over against any party to this Agreement.

13.14 No Deemed Waiver. Waiver by Seller, or Buyer, of any breach of any term, covenant or condition by Buyer or Seller, as the case may be, contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition contained in this Agreement by Buyer or Seller as the case may be. Waiver of any provision of this Agreement shall be in writing.

13.15 Tax-Deferred Exchange. Buyer use the purchase of the Property effect one (or more) taxdeferred exchange(s) under Internal Revenue Code § 1031. Seller agrees to accommodate Buyer in effecting such tax-deferred exchange at no additional cost, expense, or obligation to Seller, provided such exchange does not unreasonably delay the Closing Date. Seller and Buyer agree, however, that consummation of the purchase and sale of Property under this Agreement is not conditioned on such exchange. Seller agrees to execute such additional escrow instructions, deeds, documents, agreements, or instruments to effect this exchange, provided that Seller must incur no additional costs, expenses, or liabilities in this transaction as a result of or in connection with this exchange. Buyer agrees to hold Seller harmless of any liability, damages, or costs, including reasonable attorney fees, that may arise from Seller’s participation in such exchange.

IN WITNESS WHEREOF, the Parties hereto, by their signatures hereinbelow, enter into this Agreement effective on the date hereinabove inscribed.

CITY OF NEWMAN, SELLERS
a California municipal corporation
By: _________________________________ By: _______________________________ Michael E. Holland, City Manager George Souza

By: _______________________________
Marlene Souza
ATTEST:

By: __________________________________
Mike Maier, Deputy City Clerk

EXHIBIT A
Legal Description and Map
Real property commonly known as 648 Mariposa Street, Newman, Stanislaus County, California and bearing Stanislaus County Assessor Parcel Nos. 026-026-017 and 026-026-018 and more particularly described as follows:

PARCEL NO. 1:

LOT 5 OF THE MAP OF GIDDING TRACT, ACCORDING TO THE OFFICIAL MAP

THEREOF, FILED IN THE OFFICE OF THE RECORDER OF STANISLAUS COUNTY, CALIFORNIA, ON DECEMBER 2, 1912 IN VOLUME 7 OF MAPS, AT PAGE 13.

PARCEL NO. 2:

LOT 6 OF GIDDINGS TRACT, ACCORDING TO THE OFFICIAL MAP THEREOF, FILED IN

THE OFFICE OF THE RECORDER OF STANISLAUS COUNTY, CALIFORNIA ON DECEMBER 2, 1912 IN VOLUME 7 OF MAPS, AT PAGE 13.

ASSESSORS PAGE 026-026
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Honorable Mayor and Members
of the Newman City Council

REPORT ON PLANNING COMMISSION DECISION TO DENY
VARIANCE NO. 26-01 EXCEEDING MAXIMUM HEIGHT LIMITS
RECOMMENDATION:

1. Conduct Public Hearing
Agenda Item: 9. a.

City Council Meeting
of August 11, 2026

2. Adopt Resolution No. 2026- , Upholding The Planning Commission's Decision To Deny Variance No. 26-01 BACKGROUND:

On April 8, 2026, during a routine City-wide inspection, Code Enforcement staff documented a potential zoning code violation involving a structure located at 1511 Armash Court. The matter was routed to the Planning Department for review where it was determined that the structure exceeded codified height requirements. A certified letter was mailed on April 13, 2026, notifying the property owners, Brian Serpa and Marlene De Sousa, of the code violation, along with instructions to contact the Building Department to resolve the matter. On April 29, 2026, the applicant, Brian Serpa, came in to inquire about the permitting process for the structure. He was informed that a building permit would likely not be issued due to the height of the structure and they were informed of the Variance process. On May 11, 2026 a Variance application (Variance 2026-01) to allow the accessory structure as built was received by staff.

On June 18, 2026, the Planning Commission voted 3-2 to deny Variance application No. 26-01 based upon their inability to meet the Findings required by Newman Municipal Code Sections 5.25.030.B and 5.25.030.1 (see page 4 in Planning Commission report). While the Commission has previously approved Variances for increased height, those lots had extraordinary situations that met findings and warranted a variance.

Staff informed the applicant of his right to appeal to the City Council. A formal application appealing the Planning Commission's decision to deny Variance No. 2026-01 was received on June 30, 2026 (meeting the 10-day appeal period).

ANALYSIS:

In the staff report presented to the Planning Commission, a letter from the applicant described his reasoning that necessitated the construction of the structure. In addition, Mr. Serpa spoke during the required public hearing and explained why he considered a 16' 4" tall structure necessary. He stated that the proposed accessory structure height is necessary to accommodate the storage of his approximately 13-foot-tall recreational vehicle. Mr. Serpa explained that the additional height would provide sufficient clearance to maneuver the vehicle into and out of the structure while allowing for its enclosed storage and protection.

The Municipal Code limits the ability to consider the extenuating circumstances when reviewing Variance applications. Municipal Code §5.25.030 (F) states, "Neither personal, family, or financial difficulties; the loss of perspective profits; or the existing of neighboring violations shall constitute justification for a variance." In addition, Municipal Code §5.27.022 (I) affirms that the Planning Commission (in its decision making process) may impose such conditions and limitations as it deems necessary to ensure compliance with the General Plan and this title [NMC], maintain property values, ensure neighborhood compatibility, and protect the public health, safety, and general welfare.

In their decision, the Planning Commission reviewed and agreed that the proposed Variance does not meet the required five findings as identified in the Newman Municipal Code. These findings are as follows:

1. The variance does not form a grant of special privilege inconsistent with the limitations on other properties in the same zoning district and the vicinity.

The Planning Commission acknowledged that no other properties within the general area have similar accessory buildings and that approval of the request will constitute a granting of special privilege Agenda I~em: 9.a.

2. The variance will not be detrimental to the public health, safety and general welfare.

The Planning Commission found that the proposed accessory does not meet height requirements, may limit visibility and approval of the variance may be harmful to the public health, safety and general welfare.

3. The variance will not substantially impair the purposes of this title or the General Plan.

The Planning c_ommission agreed that the zoning code states a maximum height for accessory structures and states that finances and personal/family difficulties shall not constitute justification when approving variances and that approval of the request will set a precedent for approving variances and thereby impair the purpose of the Code and General Plan.

4. The subject property has special circumstances or conditions whereby the strict application of the zoning ordinance standards would deprive the property of privileges enjoyed by other properties in the same zoning district and the vicinity.

The Planning Commission recognized that other properties within the vicinity and same zone district comply with the development standards identified within the municipal code and the subject property is not deprived of privileges enjoyed by other properties in the same zoning district, vicinity and City.

5. The variance will be compatible with the neighborhood.

The Planning Commission decided that, gi,ven the structure's observable height (exceeding codified limits) the variance would not be compatible with the current neighborhood.

The City Council, as the legislative body, has the authority to exercise its discretion, consistent with the provisions of the Municipal Code and applicable state law, when considering appeals involving development proposals where potential impacts may be addressed through appropriate mitigation measures or conditions of approval.

In evaluating this appeal, staff also reviewed the City's current accessory structure height standards to determine whether the existing development regulations remain consistent with those of comparable jurisdictions. As part of this evaluation, staff conducted a survey of development standards in neighboring cities. The review found that the City of Newman maintains one of the more restrictive maximum height limits for accessory structures at 12 feet. In comparison, many surrounding jurisdictions permit accessory structures with a maximum height of approximately 15 feet, measured to the highest point of the roof.

The review also found that several jurisdictions employ a tiered approach to regulating accessory structure height by allowing structures to exceed a base height threshold (e.g., 12 feet) when accompanied by increased setback requirements. This approach provides greater design flexibility while maintaining compatibility with adjacent properties by mitigating the potential visual and massing impacts associated with taller accessory structures.

FISCAL IMPACT:

None
• CONCLUSION:

In conclusion, the Planning Commission reviewed the Variance application for consistency with the Municipal Code and found they could not make any of the necessary findings required for approval. The applicant has appealed this matter, as provided by Code, and requests the Council grant the Variance based upon his desire to protect his recreational vehicle, its minimal impact on neighboring properties, and the lack of opposition from the surrounding neighborhood. The Planning Commission report and draft minutes from the meeting are attached for your review.

Given the carport's non-compliance with the Code, staff recommends that the City Council adopt Resolution No. 2026- , Upholding The Planning Commission's Decision To Deny Variance No. 2026-01. Alternatively, should the City Council conclude that the current accessory structure development standards warrant further evaluation, staff recommends: (1) continuing the appeal and (2) directing staff to prepare a proposed ordinance amendment for Council consideration that evaluates potential revisions to the maximum height and/or setback requirements for accessory structures.

Agenda Item: 9. a.

ATTACHMENTS:

1. Planning Commission Staff Report

2. Planning Commission Draft Minutes

3. Appeal Request Letter

4. Plot Plan

5. Resolution No. 2026- , A Resolution Upholding The Planning Commission's Decision To Deny Variance No. 2026-01
Assistant Planner

REVIEWED/CONCUR
Michael Holland
City Manager

CITY OF NEWMAN

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
PLANNING COMMISSION MEETING DATE: June 18, 2026
AGENDA ITEM: 7.a.

VA
APN
CEQA
#26-01
128-059-051
Exempt
Allow a 16' 4" tall accessory structure
Applicant/Owner: Brian Serpa and Marlene De Sousa
REQUEST:

Allow a 16' 4" tall accessory structure where the Code allows a maximum of 12' as specified in NMC

5.23.030.G.

LOCATION:

The property is located at 1511 Armash Court, more specifically described as Assessor's Parcel Number 128-059-051.

ENVIRONMENTAL ASSESSMENT:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Newman Environmental Quality Guidelines, it has been determined that this project is categorically exempt from the provisions ofCEQA.

PORTION NE 1/4 SECTION 19 T,7S. R.9E. M.D.B. & M.

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Staff Report
Variance #26-01
LAND USE:

Property
Subject site
North
South
East
West
Land Use
Residential
Residential
Residential
Residential
Residential
2 Zone
R-1
R-1
R-1
R-1
R-1
Planning Commission Meeting
June 18, 2026
General Plan
LDR
LDR
LDR
LDR
LDR
R-1 = Single-Family Residential LDR = Low Density Residential SIZE OF PROPERTY: Approximately 11,788 square feet
ACCESS: Armash Court via Brookhaven Drive
ORDINANCES:

NMC Section §5.03.020: Permitted Uses in the R-1 District.

NMC Section §5.23.030: Accessory Buildings.

NMC Section §5.25.030: Variances
PROJECT DESCRIPTION:

The site plan identifies a single-family dwelling and an existing accessory structure. The existing structure measures 19' x 39' and stands 16 feet 4 inches tall. The structure is identified as currently having a 3 feet 3 inch side-yard setback, an 18 feet rear-yard setback, and is located 13 feet from the main dwelling. The applicants are proposing to move the structure 5 feet from the eastern property line (side) and 14 feet 3 inches from the western property line (side).

ANALYSIS:

Background:

The subject structure was documented by Code Enforcement staff and routed to the Planning Department on April 8, 2026. A certified letter was mailed the following day notifying the property owner of the code violation. On April 29, 2026, the owner came in to inquire about the permitting process for the structure. The property owner was informed of the Variance process and a Variance application to allow the accessory structure as built was received by staff on May 11, 2026.

Land Use:

The subject site is zoned R-1 (Single-Family Residential), as are the properties to the north, east, west, and south. The General Plan designation for the subject property is LDR (Low Density Residential).

The R-1 zone district identifies the proposed accessory structure as a permitted use. Therefore, this proposed use is consistent with the zone district and the General Plan.

NMC §5.23.030 regulates detached accessory buildings as follows:

C. No more than two accessory buildings, including a detached garage or carport, may be erected on a residentially zoned lot.

E. A detached accessory building shall be located on the rear one-half of the lot and at least six feet from any dwelling/building existing or under construction on the same lot or any adjacent lot.

1. In the case of a detached patio cover, no minimum separation from the primary dwelling shall be required unless otherwise stipulated by building or fire code.

Staff Report
Variance #26-01
3 G. An accessory building shall not exceed 12 feet in height.

Planning Commission Meeting
June 18, 2026
H. Detached accessory buildings shall be placed no closer than five feet from a side or rear lot line.

I. Accessory buildings exceeding 120 square feet shall require approval of the Building Official prior to their placement or construction on a lot.

Building Location:

The existing structure is 18 feet from the south property line (rear) and 3 feet 3 inches from the east property line (side), which currently does not meet the setback requirements of the Municipal Code as specified in NMC 5.23.030.G. The applicants are proposing to move the structure 5 feet from the eastern property line (side) and 14 feet 3 inches from the western property line (side).

Building Height:

The intent of the regulating building height is to:
• Promote successful transitions between areas of differing density. • Ensure adequate light and air to neighboring properties and zones. • Provide vertical control to accommodate appropriate density and good design.

The existing accessory structure's height exceeds the maximum 12 feet as stipulated in the Zoning Code.

The applicants have stated that the proposed height would allow them to utilize their property to its fullest while protecting their recreational vehicle. The proposed location of the accessory structure should not significantly impact light and air, nor negatively impact local density.

Lot Coverage:

If granted, the variance will result in a total lot coverage of 18.7%, meeting code standards for the R-1 zone (no more than 40% ).

Variance
Newman Municipal Code §5.23.030.G states "An accessory building shall not exceed 12 feet in height." The applicants are proposing a structure that measures 16 feet 4 inches tall; an overage of 4 feet 4 inches. The applicants have indicated the additional height is based upon the minimum height required to maneuver their 13 foot recreational vehicle in and out of the structure.

Newman Municipal Code §5.05.030 (Variances) states the following:

A. The purpose of granting a variance is to allow, in certain cases, deviation from the strict application of the setback, building height, lot coverage, usable floor area, usable open space, floor area ratio, off-street parking or landscaped area requirements of this title, when appropriate.

B. A variance may be granted only where the literal enforcement of the requirements of this title would involve practical difficulties or cause undue hardship that would necessarily deprive the property owner of reasonable use of the land or buildings involved by reason of:

1. The exceptional narrowness, shallowness or unusual shape of a parcel of property;

2. Exceptional topographic conditions, natural features, existing improvements or other extraordinary situation or physical conditions;
Additionally, Newman Municipal Code §5.25.030.F states "Neither personal, family, or financial difficulties; the loss of perspective profits; or the existence of neighboring violations shall constitute justification for a variance." In order to comply with existing standards for the lot, the applicants would need to either lower the height to 12 feet or remove the accessory structure.

Staff Report
Variance #26-01
4 Planning Commission Meeting
June 18, 2026
Findings: The Planning Commission may approve, or conditionally approve, a variance application only if the following findings can be made:

1. The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zoning district and the vicinity.

Pro: Given that the subject property is located in an established residential area where detached accessory buildings are common and that primary structures exceeding 12 feet in height are in the vicinity, the approval of the variance will not constitute a granting of special privilege.

Con: Given that other detached accessory structures within the general area abide by height standards, approval of this request will constitute a granting of special privilege.

2. The variance will not be detrimental to the public health, safety and general welfare.

Pro: Given that the use is permitted within the zone district and, although it currently does not meet the setback requirement, it has been proposed to meet all setback requirements, approval of the variance will not be detrimental to the public health, safety, and general welfare.

Con: None.

3. The variance will not materially impair the purposes of this Title or the General Plan.

Pro: Given that the use is permitted within the zone district and approval of the request does not authorize a use that is inconsistent with the General Plan, approval of the variance will not materially impair the purposes of this Title or the General Plan.

Con: Given that the Zoning Code specifies a maximum height for accessory structures and states that finances and personal/family difficulties shall not constitute justification when approving variances, approval of the request will set a precedent for approving variances and, thereby, impair the purpose of the Code.

4. The subject property has special circumstances or conditions whereby the strict application of the zoning ordinance standards would deprive the property of privileges enjoyed by other properties in the same zoning district and the vicinity.

Pro: None .
. Con: Given that other properties within the vicinity and same zone district comply with the development standards identified within the Municipal Code, the subject property is not deprived of privileges enjoyed by other properties in the same zoning district and the vicinity.

5. The variance will be compatible with the neighborhood.

Pro: Given that other detached accessory structures exist within the neighborhood, and that the existing structure is located at the rear of the property, the variance will be compatible with the neighborhood.

Con: Given that the accessory building would not comply with the development standards identified within the Municipal Code, the variance is not compatible with the neighborhood.

Staff Report
Variance #26-01
Public Comment
5 Planning Commission Meeting
June 18, 2026
Public notices were mailed on June 1, 2026 to surrounding property owners within a 300 foot radius.

Any comments received will be forwarded to the Planning Commissioners.

CONCLUSION:

Newman Municipal Code section 5.25.030 states that "The purpose of granting a variance is to allow, in certain cases, deviation from the strict application of the setback, building height, lot coverage, usable floor area, usable open space, floor area ratio, off-street parking or landscaped area requirements of the title, when appropriate. A variance may be granted only where the literal enforcement of the requirements of the title would involve practical difficulties or cause undue hardship that would necessarily deprive the property owner of reasonable use of the land or buildings involved by reason of the exceptional narrowness, shallowness or unusual shape of a parcel of property [ and the] exceptional topographic conditions, natural features, existing improvements or other extraordinary situation or physical conditions." The proposed project is a permitted use within the zoning district. However,

5.23.030 of the Municipal Code governing accessory structures limits the height to a maximum of twelve (12) feet. Currently, there are no extraordinary physical conditions that would justify the need for a variance ( as defined in the code); the accessory structure was put in place to provide protection for a recreational vehicle. Staff provided the Commission findings supporting both approval and denial.

Given the lack of indisputable supportive findings and current non-compliance, staff recommends denial of the variance.

CONDITIONS OF APPROVAL:

Should the Planning Commission grant the applicant's request for a Variance, staff recommends the following conditions of approval:

1. The applicant shall apply for and receive a building permit for the structure, subject to double the calculated permit fees.

Standard Conditions

2. This application shall become null and void if the project is not initiated within one year from the date of approval.

3. The applicant and/or property owner shall comply with, and be responsible for obtaining encroachment permits from the City of Newman for work performed within the City's rightof-way.

4. All plans shall be consistent with the site plan, reflecting amendments as approved.

5. Any proposed modifications of a significant and/or permanent nature to the approved site plan or elevations, involving building exteriors or square footage, fence/walls, or major landscaping modifications, may require approval of a new site plan review application.

6. All night lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare into on-coming traffic.

7. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.

8. During construction, and for safety purposes, the applicant and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean-up on a daily basis.

9. For safety purposes, the construction area shall be fenced off with chain link or another type of acceptable fencing as determined by the Planning Department.

Staff Report
Variance #26-01
6 Planning Commission Meeting
June 18, 2026

10. All contractors performing work relative to this project shall obtain City of Newman Business Licenses, prior to start of work on the project. All work performed on the project shall comply with the requirements of the State Business and Professions Code.

ATTACHMENTS:

1. Assessor's Parcel Map

2. Site Plan

3. Google Maps Image of structure

4. Building Plans
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Manuel Alexandre
Francefina Alexandre
11831 Amethyst Ct.

Jurupa Valley, CA 91752
Property Owners:
409 Grou~ehedge Way
Newman, CA 95360
Dear Ms. Joanna Lainez,
June 6, 2026

OIECIEDVIE
~ ~ .

JUN 1 2 2026 '
~
-- -
I am just following up regarding a Public Hearing for Variance #26-01 for the property located at 1511 Armash Ct., Newman, CA 95360.

I'm letting you know I have no issue with the current structure and where it is located. So, I have no issue with the variance request.

If you have any questions, please do let me know.

Sincerely,
Manuel Alexandre, Home Owner
[email protected]
209-769-4245
CC:

City of Newman
P.O Box-787
Newman, CA 95360
June 4, 2026
City of Newman City Hall
Attn: Planning Commission I
Joanna Lainez, Assistant Planner
938 Fresno Street, 2nd Floor
Newman, California 95360
01~©~ a~~=~ ~· JUN 1 2 2026
:.=J
RE: Written Comments for Public Hearing-Variance #26-01 (1511 Armash Court) To the Members of the Planning Commission,
We are Gabriel and Charni Aguilera, and we reside at 1515 Armash Court, Newman, California 95360. As an immediate neighbor to the subject property located at 1511 Armash Court (Assessor's Parcel Number 128-059-051), I am writing this letter to formally submit my comments regarding Variance #26-01 prior to the scheduled June 18, 2026 meeting. I have thoroughly reviewed the proposal submitted by Brian Serpa and Marlene De Sousa to increase their accessory structure height limit to sixteen (16) feet four (4) inches. Please accept this correspondence as formal notification that I have zero objections or issues regarding the proposed structure or the height increase. I fully support the approval of this variance and have no concerns regarding its impact on the neighborhood or my adjacent property. Thank you for your time, consideration, and dedication to our community. Please log this written statement into the official public record for this matter.

Sincerely,
Gabriel and Charni Aguilera
1515 Armash Court
Newman, CA 95360
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MINUTES

NEWMAN PLANNING COMMISSION
REGULAR MEETING OF JUNE 18, 2026 t j 'I, Cl1Y COUNCIL OIAMBERS, 7:00 P .M., 938 FRESNO STREET ' 1aae NOTICE: THIS MEETING Wil.L BE BELDIN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION SC950, ET SEQ.) AND THE FEDERAL AMBIUCANS Wl'l'HDISAJJR.n'JES ACT REMOTEPUBUCCOMMENTWJU.BEENABLEDONLYWHENATLEASTONECOMMISSIONEllPAlntOPATESltEMOI'ELY(Cov.Code§54!153.4(t)(2))

1. Call To Order - 7:02 P.M.

2. Pledge Of Allegiance.

3. Roll Call PRESENT: Thompson, Coleman, Cortopassi, Harmon, And Chairperson Allan.

ABSENT: None.

4. Approval Of The Agenda.

ACTION: On A Motion By Thompson, Seconded By Coleman, The Agenda Was Approved By The Following Roll Call Vote: A YES: Thompson, Coleman, Cortopassi, Harmon, And Chairperson Allan; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

5. Approval Of Minutes From The November 20, 2025 Meeting.

ACTION: On A Motion By Coleman, Seconded By Thompson, The Minutes From The November 20, 2025 Meeting Were Approved By The Following Roll Call Vote: AYES: Thompson, Coleman, Cortopassi, Harmon, And Chairperson Allan; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

6. Items From The Public - None.

7. New Business
a. Public Hearing
Variance No. 2026-01
Applicant: Brian Serpa and Marlene De Sousa
Description: A Variance To Increase The Maximum Height Limit To Sixteen (16) Feet Four (4) Inches For A Carport Where The Municipal Code Requires Twelve (12) Feet.

Location: The Subject Property Is Located At 1511 Armash Court; More Specifically Described As Assessor's Parcel Number 128-059-051.

Assistant Planner Lainez Presented And Reviewed Variance No. 2026-01.

Commissioner Thompson Inquired When The Structure Was Installed.

Assistant Planner Lainez Reported That The Said Structure Was Built Sometime After 2022.

Commissioner Coleman Asked If Any Neighbors Had Submitted Comments Or Complaints About The Structure In Question.

Assistant Planner Lainez Stated That There Were Two Submitted Letters In Support Of The Structure And That No Comments In Opposition To The Structure Were Submitted.

Commissioner Coleman Asked If There Were Other Recreational Vehicles (RVs) In The Area.

Commissioner Thompson Pointed Out That She Observed Other RVs In The Area But Noted That They Were All Stored Within The Guidelines.

Chairperson Allan Opened The Public Hearing At 7:21 P.M.

Brian Serpa, 1511 Armash Court, Stated That The RV Carport Was Constructed Two To Three Years Ago.

Serpa Noted That He Was Previously Told That If The Walls Did Not Touch The Floor, A Permit Was Not Needed. He Also Explained That If The Said Structure Needed To Be Moved To Meet Setback Requirements, It Would Not Be A Problem But Commented That The Height Of The Carport Was Higher Than Allowed Because Of The Roof Design. Serpa Pointed Out That The Roof Design Of His Structure Was More Stable In High Winds Than Other Alternate Designs.

Julia Valdez, 1517 Lochbrea Place, Offered Support In Favor Of The Carport Structure.

Maria C. Valdez, 1517 Lochbrea Place, Stated That She Supports Her Neighbors And That The Structure Did Not Bother Them At All.

There Being No Further Public Comment, Chairperson Allan Closed The Public Hearing At 7:26 P.M.

Commissioner Coleman Stated That The Hot Sun Would Damage The RV And He Understood Why They Would Want To Have It Covered.

ACTION: On A Motion By Cortopassi, Seconded By Coleman, The Planning Commission Of The City Of Newman Approving Variance No. 2026-01 Failed By The Following Roll Call Vote: AYES: Coleman And Cortopassi; NOES: Thompson, Harmon, And Chairperson Allan; ABSENT: None; NOT PARTICIPATING: None.

8. Items From Commissioners.

Commissioner Thompson Asked If There Was An Update On The Rite Aid Building.

City Manager Holland There Was No News To Report.

Commissioner Thompson Inquired If The Oasis Gas Station Would Be Reopening.

City Manager Holland Stated That They Had Submitted A Site Plan And The City Returned Comments But Noted That The City Had Not Heard Back From The Applicant Since Said Comments Were Returned In March.

Commissioner Thompson Asked If The NEWS Project Was Oose To Being Completed.

City Manager Holland Pointed Out That The City Was Still Working Through Some Safety Issues At The Site.

Commissioner Coleman Noted That The Newly Constructed Hills Ferry Replacement Bridge Was Really Nice.

9. Items From Director And Staff.

City Manager Holland Reported That There Was A Use Permit And A Planned Development Project In Process And Noted That The Planning Commission Would Likely Be Considering Said Items Within The Next Few Months. Holland Stated That The City Was Working On A Pre-Annexation Agreement For The Northwest Newman Project And Noted That The Northwest Newman Developer Wanted To Proceed With The Residential Portion. He Noted That Even If Said Annexation Happens, There Were Still Additional Entitlement Processes That Would Need To Happen Before Any Home Construction Would Begin In Northwest Newman Project Area. Holland Reviewed The Veterans Circle Site Plan And The Planned Sale Of Commemorative Engraved Bricks At The Downtown Market.

Assistant Planner Lainez Mentioned That There Would Be A Use Permit At A Future Meeting In The Next Few Months.

10. Adjournment.

ACTION: On A Motion By Harmon, Seconded By Coleman And Unanimously Carried, The Meeting Was Adjourned At 7:39 P.M.

Brian Serpa
1511 Armash Court
Newman, CA 95360
Phone: (925) 321-5128
Email: [email protected]
June 26, 2026
To:

Honorable Mayor and Members of the Newman City Council
City of Newman
938 Fresno Street
Newman, CA 95360
Subject: Appeal of Planning Commission Decision Denying Variance for RV Carport Dear Honorable Mayor and Members of the City Council,
I respectfully submit this appeal of the Planning Commission's decision denying my variance request for an RV carport at my residence located at 1511 Armash Court, Newman, California 95360.

The Planning Commission denied my request because of the proposed height of the carport. However, the requested height is necessary to safely accommodate my recreational vehicle. If the height is reduced, the structure cannot serve its intended purpose and would not provide adequate clearance for my RV.

My goal is simply to protect my RV from the elements, preserve its value, and improve the functionality of my property. The proposed carport has been designed to be compatible with my home and surrounding neighborhood and will not create safety concerns or adversely affect neighboring properties.

I respectfully ask the City Council to also consider that there are several properties within Newman that have similar RV carports or accessory structures of comparable height, with what appear to be equal or even smaller setbacks than my proposed project. Examples include:
• 1348 Harrington Avenue
• 1244 Duck Blind Circle
• 1221 Golden Eye Court
• 544 Waxwing Court
These examples demonstrate that simila·r structures already exist witMn the community and appear to be compatible with surrounding residential development. I respectfully request that my application be evaluated consistently with these existing properties.

I believe approving this variance would be appropriate because:
• The additional height is necessary to accommodate my RV. • The proposed structure will not negatively impact neighboring properties or public saf-ety.
• The carport will improve my property while protecting a significant investment. • Similar structures already exist throughout Newman, indicating that this type of improvement is compatible with the neighborhood.
• Granting the variance would promote fair and consistent application of the City's zoning regulations.

I respectfully request that the City Council reverse the Planning Commission's decision and approve my variance request. I welcome the opportunity to appear before the City Council to answer questions and provide any additional information that may assist in your review.

Thank you for your time, consideration, and service to the residents of Newman. I appreciate your thoughtful review of this appeal and respectfully request that it be scheduled for consideration by the City Council.

Sincerely,
Brian Serpa
~

PETITION IN SUPPORT OF VARIANCE APPEAL
Property Address: 1511 Armash Ct, Newman, CA 95360
Subject: Appeal of variance decision regarding the height of an existing/proposed carport.

I, the undersigned, support the appeal for the requested variance for the carport height at the above address. I believe the structure is compatible with the surrounding neighborhood and respectfully r uest that the a eal be a roved.

Printed Name Signature Date
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BLOCK: JOOO ~o. LOT: 51
'k "h1l, ...... NOl<.1"1-1 HOMES SCALE~ 1/16• = 1•-0• 58051 DATE: 9-15-92 RESOLUTION NO. 2026-

UPHOLDING THE PLANNING COMMISSION'S DECISION
TO DENY VARIANCE NO. 2026-01
WHEREAS, the Planning Commission, at their June 18, 2026, meeting considered an application for a Variance to allow a 16' 4" tall accessory building where the Newman Municipal Code (NMC) allows a maximum height of 12 feet; and
WHEREAS, the Planning Commission conducted a public hearing on the matter and after deliberation, voted 3-2 to deny the Variance based upon the inability to make the findings required for approval as specified in NMC 5.25.030.B and 5.25.030.1; and WHEREAS, the applicant, Brian Serpa, filed an appeal of said Planning Commission action to the City Council; and
WHEREAS, the City Council, at its August 11, 2026 meeting, conducted a public hearing on the appeal and voted to uphold the action of the Newman Planning Commission based upon the following findings:

1. No other properties within the general area have similar accessory buildings and that approval of the request will constitute a granting of special privilege.

2. The proposed accessory structure does not meet height requirements, may limit visibility and approval of the variance may be harmful to the public health, safety and general welfare.

3. The zoning code states a maximum height for accessory structures and states that finances and personal/family difficulties shall not constitute justification when approving variances and that approval of the request will set a precedent for approving variances and thereby impair the purpose of the Code and General Plan.

4. Other properties within the vicinity and same zone district comply with the development standards identified within the municipal code and the subject property is not deprived of privileges enjoyed by other properties in the same zoning district, vicinity and City.

5. Given the structure's observable height (exceeding codified limits) the variance would not be compatible with the current neighborhood.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Newman hereby denies the appeal of Variance No. 26-01.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 11 th day of August, 2026 by Council Member-------" who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Casey Graham,
Mayor of the City of Newman
County of Stanislaus, State of California
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.a.

City Council Meeting
of August 11, 2026

REPORT ON THE TRUNK-OR-TREAT HALLOWEEN EVENT AT THE DOWNTOWN PLAZA RECOMMENDATION:

Staff recommends the City Council approve the Trunk or Treat Halloween event scheduled at the Downtown Plaza on October 30th 2026, from 4 P .M. to 9 P .M.

BACKGROUND:

The Newman Partnership has requested exclusive use of the Downtown Plaza and the 1300 block of Main Street on October 30th• 2026, from 4 P.M. to 9 P.M. to host a Halloween Trunk or Treat event. The Trunk or Treat event will have vehicles parked in the 1300 block of Main Street. There will be a D.J. playing music. There will be NO alcohol served or sold. The event date has no conflicts with other potential community events.

ANALYSIS:

As of the date and time of preparing this staff report, the event organizers are in the beginning stages of planning this event. Any subsequent changes will be reported by staff during the presentation of this report.

The event organizer has made the following requests:
❖ Exclusive use of the Downtown Plaza and the 1300 block of Main Street. Street Closures at Main/Tulare and Main/Fresno.
❖ Waive Standards for Downtown Events in the areas of:
• Clean-up deposit. Downtown standards require a $1,000.00 deposit, refundable upon satisfactory cleaning of the affected area. The event organizer assures staff that they will thoroughly clean up. • Traffic/crowd control device costs. City-owned barricades could be utilized. • Restroom and electrical use fees. Current standards indicate a $25.00 fee for each.

All other Standards for Downtown events will apply.

Event organizers and staff have discussed a configuration for this event, which has the 1300 block of Main Street closed to vehicular traffic. The east plaza parking lot will be open for public parking, and the west parking lot will be closed to vehicular traffic for event staging.

FISCAL IMPACT:

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

CONCLUSION:

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

ATTACHMENTS:

1. Standards for downtown events

2. Map
Respectfully submitted,
Recreation Director/Community Liaison REVIEWED/CONCUR:

Michael
~~ Holland
City Manager
Attachment 1

STANDARDS FOR DOWNTOWN EVENTS

1. DAYS:

One Day Event: Saturday or Sunday preferred.

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

2. HOURS:

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

3. STREET USAGE:

First time event:

Anticipated crowd size:

4. INSURANCE:

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

5. SECURITY:

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

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

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

6. MUSIC:

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

7. ELECTRICAL:

If electrical power use is requested, an electrical use fee of $25.00 will be collected prior to the event date.

A diagram of the outlet locations to be used and a plan, consisting of what type of equipment will be used at each outlet location, will be submitted for approval prior to the event date. No more than 20 amps per circuit will be allowed. Extension cords shall be a minimum of 14-3 gauge wire and properly sized for intended use. The cords shall be protected from abrasions caused by foot traffic and shall be placed so as not to cause a tripping hazard.

8. EVENT PLAN:

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

9. CLEANUP:

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

Revised September 25,2012
Attachment 1

10. APPROVAL OF AFFECTED BUSINESSES:

First Time Events: Provide written approval of at least 75 percent of any business affected by the proposed street closure in the blocks involved.

Yearly Events: Provide a flyer making the downtown business community aware of the type of event, date, time and streets to be used.

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

11. BUSINESS LICENSES:

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

12. HEALTH PERMITS:

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

13. CANOPIES OR OTHER TEMPORARY STRUCTURES:

All temporary structures including but not limited to stages, platforms and booth structures must be inspected by the City's Building Department on the day of the event. Any direct cost to the City for this service will be the responsibility of the fundraiser/organizer. Any use of canopies must be inspected and approved by a designee of the City on the day of the event. No canopies or temporary structures are to be tethered or anchored, to any tree, structure, or fixture.

14. BLEACHERS:

All bleachers must be inspected by the City's Building Department the day of the event. Any direct cost to the City for this service with be the responsibility of the fundraiser/organizer.

15. ADVERTISING:

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

16. ALCOHOL:

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

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

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

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

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

17. TRAFFIC/CROWD CONTROL DEVICES:

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

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

Revised September 25, 2012
Attachment I

19. TRASH AND RECYCLING RECEPTACLES
The event coordinator shall provide trash and recycling receptacles for the event in an amount not less than one per fifty attendees.

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

Additional plaza-specific standards include:

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

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

C. Any request to open the plaza restrooms for use will be submitted in the event plan and will be subject to a use fee of$25.00 collected prior to the event date.

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

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

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

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

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

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

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

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

The administrative option for plaza use will require approval from the City Manager, Chief of Police, and Fire Chief This option is designed to streamline the process for smaller events that meet the above criteria.

All other event standards will still apply, but waivers may be decided by the administrative group.

Revised September 25, 2012
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Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.b.

City Council Meeting
of August 11, 2026

APPROVE AN AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES FOR EXECUTIVE

RECRUITMENT SERVICES FOR THE POSITION OF CITY MANAGER
RECOMMENDATION:

Approve Resolution No. 2026- , Approving a budget adjustment and a Professional Services Agreement with Ralph Andersen & Associates in the not-to-exceed amount of $29,000 to conduct an executive recruitment for the position of City Manager, and authorize the City Manager to execute said agreement.

BACKGROUND:

The City Manager has informed the Council of his impending retirement from the City of Newman at the end of the calendar year. In order to ensure a timely and orderly transition, staff was directed to identify a qualified executive search firm to conduct a comprehensive recruitment for the City's next City Manager.

Staff solicited proposals from three qualified executive search firms with experience recruiting City Managers for California municipalities. Each firm responded with a formal proposal: Bob Murray & Associates, Peckham & McKenney, and Ralph Andersen & Associates. Each proposal was reviewed for scope of services, project team qualifications, relevant experience with comparable California city manager recruitments, cost, and the strength of the firm's placement guarantee.

Based on this review, staff recommends retaining Ralph Andersen & Associates to conduct the recruitment.

ANALYSIS:

Of the three proposals received, Ralph Andersen & Associates offers the lowest fixed, all-inclusive fee at $29,000, compared to $29,900 from Bob Murray & Associates and $30,000 from Peckham & McKenney. Ralph Andersen & Associates also proposes Mr. Fred Wilson as Project Director, who has personally conducted over 100 executive recruitments since joining the firm and previously served as City Manager for the City of Huntington Beach for ten years, providing direct, first-hand experience in the role the City is recruiting to fill.

Ralph Andersen & Associates has an extensive and current track record of California city manager recruitments, having been awarded over 40 such searches since 2020, including two searches currently in progress. The firm's proposal includes a full placement guarantee: if the selected candidate resigns or is dismissed for cause within one year of appointment, or if a placement is not made from the initial recruitment effort, Ralph Andersen & Associates will conduct another search at no charge for professional services. The firm anticipates a recruitment timeframe of approximately 90 to 120 days from execution of the agreement to presentation of finalist candidates, which would allow a new City Manager to be identified in advance of the retirement.

FISCAL IMPACT:

The fixed, all-inclusive fee to conduct the City Manager recruitment is $29,000, billed in four installments tied to key milestones. A budget adjustment is included as part of the approval to cover this expenditure.

CONCLUSION:

With the City Manager's upcoming retirement, the City requires a qualified executive search firm to conduct a comprehensive recruitment for his successor. Staff recommends the City Council approve a Professional Services Agreement with Ralph Andersen & Associates, which offers the lowest fee of the firms considered, a Project Director with direct City Manager experience, an extensive and current record of California city manager placements, and a full, no-cost placement guarantee.

ATTACHMENTS:

1. Resolution No. 2026- , Approving a budget adjustment and a Professional Services Agreement with Ralph Andersen & Associates in the not-to-exceed amount of $29,000 to conduct an executive recruitment for the position of City Manager

2. Ralph Andersen & Associates Proposal for City Manager Recruitment Services Respectfully Submitted,
Michael E. Holland
City Manager
RESOLUTION NO. 2026-

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

BUDGET ADJUSTMENT AND A PROFESSIONAL SERVICES AGREEMENT WITH RALPH

ANDERSEN & ASSOCIATES FOR EXECUTIVE RECRUITMENT SERVICES FOR THE

POSITION OF CITY MANAGER, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT
WHEREAS, the City Manager has informed the City Council of his intention to retire from the City of Newnian, effective at the end of the 2026 calendar year, and, in order to ensure a timely and orderly transition, the City Council directed staff to identify a qualified executive search firm to conduct a comprehensive recruitment for the City's next City Manager, and WHEREAS, staff solicited proposals from three qualified executive search firms with experience recruiting City Managers for California municipalities, and each firm submitted a formal proposal: Bob Murray & Associates, Peckham & McKenney, and Ralph Andersen & Associates, and WHEREAS, each proposal was reviewed for scope of services, project team qualifications, relevant experience with comparable California city manager recruitments, cost, and the strength of the firm's placement guarantee, and
WHEREAS, Ralph Andersen & Associates offers the lowest fixed, all-inclusive fee of the three proposals received, in the not-to-exceed amount of $29,000, and has proposed Mr. Fred Wilson, a former City Manager for the City of Huntington Beach, as Project Director, and WHEREAS, Ralph Andersen & Associates has an extensive and current track record of California city manager recruitments and offers a full placement guarantee at no additional cost to the City in the event a placement is not made or the selected candidate resigns or is dismissed for cause within one year of appointment, and
WHEREAS, the cost of the City Manager recruitment was not included in the Fiscal Year 2026/27 adopted budget, and a budget adjustment in the amount of $29,000 is necessary to appropriate funds for the Professional Services Agreement, and
WHEREAS, the City Council desires to approve a budget adjustment and a Professional Services Agreement with Ralph Andersen & Associates to conduct the recruitment for the position of City Manager, and to authorize the City Manager to execute said agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newman hereby approves a budget adjustment in the amount of $29,000 to the Fiscal Year 2026/27 budget to fund an executive recruitment for the position of City Manager; and BE IT FURTHER RESOLVED by the City Council that the City Council of the City of Newman hereby approves a Professional Services Agreement with Ralph Andersen & Associates, in the not-to-exceed amount of $29,000, to conduct said executive recruitment; and BE IT FURTHER RESOLVED by the City Council that the City Council of the City of Newman hereby authorizes the City Manager to execute said Professional Services Agreement, and to take all actions necessary and appropriate to carry out the intent of this Resolution.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 11th day of August, 2026 by Council Member __________ __, who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
. Andersen & Associates A Traclllon 01 EXClllonce Since 1V72 July 31, 2026
Mayor Gary Graham and
Members of the City Council
City of Newman
938 Fresno Street
Newman, California 95360
Via Email to: Michael Holland at [email protected] RE: Proposal - City Manager Recruitment Services
Dear Mayor Graham and Members of the City Council:
5800 Stanford Ranch Road
Suite 410
Rocklin, California 95765
916.630.4900
We are pleased to submit this Proposal to recruit for the position of City Manager for the City of Newman.

Ralph Andersen & Associates is an extremely capable, high-performance search firm with a longterm, proven, and verifiable track record of exceeding our clients' expectations. At the same time, we remain a small, independently owned company that provides personal service and is extremely responsive to our clients. We also serve as the City Council's trusted advisor throughout this process, interacting and supporting as needed.

Our proposal outlines the firm's experience in conducting City Manager recruitments, the methodology/work plan and timeline to accomplish the search tasks, and the cost to conduct a comprehensive search process. If selected, the City will have Mr. Fred Wilson, Senior Consultant, as the Project Director. Mr. Wilson is highly qualified to lead this search, having completed over 100 searches at all levels of local government. As a former City Manager in California, Mr. Wilson provides unparalleled on-the-ground perspective for a successful City Manager search.

Mr. Wilson will work closely with the City Council to successfully conduct this recruitment and is prepared to begin upon official notice to proceed. We are prepared to devote considerable effort and use our resources to ensure that the recruited positions will represent the profession's highest standards.

Thank you very much for considering this proposal. We are ready to proceed upon notification of approval. Should you have any questions or need further clarification, you may reach me at (916) 630-4900 or directly on my cell phone (415) 317-1555.

Thank you very much for considering this proposal.

Respectfully Submitted;
Sabrina
~ Landreth
President/CEO
www . ralphandersen . com
Qualifications of the Firm
Executive Summary
Attracting top talent has never been more complex and Ralph Andersen & Associates is highly qualified to assist City of Newman with recruiting its new City Manager. We have conducted more successful executive recruitments than any other recruitment firm since 1972. From helping the City Council create a competency-based interview framework for the new City Manager, including assessing candidates and attracting top human capital, our search professionals offer an unparalleled depth of experience, national reach, and knowledge.

The City has requested our proposal to assist in identifying and recruiting a highly qualified group of candidates for the new City Manager position. In particular, the City is seeking a firm with a strong national presence and professional experience to clearly assess the City's needs and formulate a strategy to deliver results.

At Ralph Andersen & Associates, we believe that gaining a complete understanding of our client's specific objectives and priorities is essential prior to launching any search assignment. This process includes identifying and incorporating a range of vital details, such as the candidate's desired skills and experience, as well as critical "soft skills" related to temperament, personality, management philosophy, and other factors that will u!timately determine the candidate's ''flt" with the organization.

We begin each search by working closely with the City's leadership, stakeholders, staff, and, if desired, the community, to develop a complete picture of the desired candidate pool. Our teamoriented approach, combined with this 360-degree perspective, ensures that a complete understanding of the organization's mission and culture translates into the specific traits and characteristics that will enable the selected candidate to succeed in the position.

We understand that the City expects aggressive, personalized outreach to identify a diverse and highly qualified applicant pool and a selection process that includes comprehensive candidate reports based on thorough reference and background checks. We will begin by identifying the desired characteristics and building a recruitment strategy tailored to the City's specific needs. The resulting outreach and advertising campaign will incorporate extensive personal outreach to recruit a highly qualified group of candidates.

Ralph Andersen & Associates serves a nationwide clientele focused on local government. The principal of the firm is Ms. Sabrina Landreth, President/CEO, and she has the full authority to legally bind the firm.

Why Choose Ralph Andersen & Associates?
Ralph Andersen & Associates, a California Corporation, has been providing executive search and management consulting for more than five decades. As such, the executive recruitment techniques used by Ralph Andersen & Associates have been developed and used successfully with hundreds of clients for more than 53 years.

With Ralph Andersen & Associates, there is an entire team behind every recruitment. Our firm takes a multi-disciplined, team approach to executive search. Successful outreach relies heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase, to gain a complete understanding of the background, experience, and management style of the top candidates. By drawing on the combined expertise of our associates and our network of professional contacts, we address outreach from a wide variety of perspectives and find unique ways to identify and recruit the best and brightest.

Project Staffing
The search firm's reputation and the recruiters' personal commitment determine the success or failure of any given recruitment. Ralph Andersen & Associates' search professionals are acknowledged leaders in the field and possess a broad range of skills and experience in local government management, executive search, and related disciplines.

The City of Newman will have Mr. Fred Wilson, Senior Consultant of Ralph Andersen & Associates, as the Project Director on this engagement. Mr. Wilson will have all the resources and full support of other members of the firm dedicated to ensuring the highest quality outcome during this important recruitment process.

Mr. Fred Wilson, Project Director
Mr. Wilson joined Ralph Andersen & Associates in 2019 and has a professional career in local government serving in different leadership roles. Prior to joining Ralph Andersen & Associates, Mr. Wilson served as City Manager for 10 years in Huntington Beach as well as in other leadership roles in various local government organizations in California. His skills in identifying, recruiting, and retaining high-quality employees, and talent management, coupled with succession planning have contributed significantly to the successes of those organizations. Mr. Wilson has extensive experience in all aspects of governance including organizational development, succession planning, municipal finance, community development, and general city management. Since joining Ralph Andersen & Associates in 2019, Mr. Wilson has personally conducted over 100 recruitments at all levels of local government and special districts. He firmly believes that recruiting and retaining top talent for local government positions positively contributes to the long-term success of the organization.

Mr. Wilson holds a Bachelor of Science degree in Urban Planning from Cal Poly Pomona, and a Master's degree in Public Administration from California State University, Northridge.

Mr. Wilson may be reached directly on his cell at (714) 421-3258 or via email at f [email protected].

Paraprofessional and Support Staff
Paraprofessionals, graphics, and support staff will provide administrative support to the consultant team on recruitment assignments. These may include Ms. Diana Haussmann, Mr. Dane Jackson, and Ms. Karen AIIGood.

Relevant Experience
Ralph Andersen & Associates conducts a wide array of searches in the public sector. Our experience spans populations of all sizes, from the largest in the country to small and mid-size municipalities.

While we have a strong focus in California, we also conduct recruitments on a national scale.

Expansive network of City Manager Searches - We have one of the strongest track records of conducting City Manager searches. The following listing represents contracts that were awarded to Ralph Andersen & Associates and staffed by a member of our recruitment team from 2020 to Present.
• Artesia, CA - Manager (2022) and (2024)
• Barstow, CA- City Administrator (2021)
• Calabasas, CA- City Manager (2021)
• California City, CA - City Manager (2022)
• Calistoga, CA-Assistant City Manager (2024)
• Carpinteria - City Manager (2023)
• Cerritos, CA - City Manager (2023)
• Colma, CA - City Manager (2023)
• Commerce, CA- City Manager (Partial Search) (2024)
• Compton, CA-City Manager (2022 & 2024)
• Coronado, CA
• Assistant City Manager (2022)
City Manager (2021)
Deputy City Manager (2025)
• Costa Mesa, CA -Assistant City Manager (2023)
• Cypress, CA- City Manager (2025)
• Eastvale, CA - City Manager (2022)
• El Segundo, CA - City Manager (2022)
• Emeryville, CA - City Manager (2022)
• Encinitas, CA - City Manager (2020)
• Fairfax, CA- Town Manager (2021)
• Foster City, CA - City Manager (2022)
• Gilroy, CA - City Administrator (2025)
• Goleta, CA
Assistant City Manager (2024)
City Manager (2022)
• Grand Terrace, CA - City Manager (2021)
• Gustine, CA - City Manager (2022)
• Hemet, CA- City Manager (2026) (Current Search}
• Highland, CA- City Manager (2024)
• La Palma, CA - City Manager (2020 & 2025)
• La Verne, CA - City Manager (2022)
• Laguna Beach, CA-City Manager (2024)
• Loma Linda, CA - Assistant City Manager (2025)
• Los Altos, CA - City Manager (2021)
• Los Altos Hills, CA- City Manager (2026)
• Los Banos, CA - City Manager (2025)
• Mill Valley, CA - City Manager (2020 & 2022)
• Modesto, CA - Deputy City Manager (2022 & 2023)
• Montebello, CA - City Manager (2023)
• National City, CA- City Manager (2026)
• Nevada City, CA- C~y Manager (2022 & 2025)
• Norco, CA - City Manager (2022)
• Oakland, CA- City Administrator (2020 & 2023)
• Ojai, CA - City Manager (2024)
• Palm Desert, CA- City Manager (2021)
• Palm Springs, CA - Assistant City Manager (2021)
• Palos Verdes Estates, CA - City Manager (2023)
• Pismo Beach, CA- City Manager (2023)
• Riverside, CA - City Manager (2022)
• San Bernardino, CA - City Manager (2025)
• Santa Monica, CA- City Manager (2021)
• Sierra Madre, CA-City Manager (2021)
• Stockton, CA-Deputy City Manager II (Two Placements) (2020) • Solvang, CA- City Manager (2023)
• South Pasadena, CA - City Manager (2025)
• Upland, CA-City Manager (2021)
• Watsonville, CA-City Manager (2024)
• West Hollywood, CA - City Manager (2025)
• Whittier, CA - City Manager (2025)
• Yorba Linda, CA- City Manager (2025)
• Yountville, CA- Town Manager (2026) (Current Search)
Work Plan
Summary of Our Search Process
The successful search process relies heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase, to gain a complete understanding of the background, experience, and management style of the top candidates. The executive recruitment techniques used by Ralph Andersen & Associates have been developed and used successfully with hundreds of clients for more than 53 years.
• Developing a comprehensive posttion profile based upon information obtained in various meetings with the City Council, Human Resources staff, and other designated City staff and stakeholders.
• Reviewing current compensation and recommending changes based upon market and competitive conditions, if desired by the City.
• Extensive personal outreach, via telephone arid through internet technology, to qualified candidates throughout California, the Western Region, and nationally, if desired. • A marketing strategy that uses selected advertising to supplement the extensive candidate identification process, uses the Internet and social media, and also uses our already established professional contacts throughout the region. • A screening process that narrows the field of candidates to those that most closely match the needs of the City and is based on screening interviews with the top candidates.

Candidates' education, experience, and credentials are matched to the criteria established in the position profile.
• Delivering a product in the form of a search report that recommends a top group of candidates and provides the City with detailed information about their backgrounds and experience.
• Conduct final background and verifications, including references, on the top candidate. • Assist in negotiations of employment offer.
• Close out the search and notify all candidates not selected.

Ralph Andersen & Associates has an outstanding reputation for being thorough and professional in its recruitment approach. Each candidate's match with the position is based on the individual's professional experience, management style, education, credentials, and overall fit with the organization and executive leadership.

Search Work Plan
This section describes the usual steps in the search for a new City Manager for the City of Newman.

This recruitment will be under the direction of Mr. Fred Wilson as Project Director.

Task 1 - Review Project Management Approach
The Project Director will begin work on this project within 10 days ( or sooner) after the City provides a contract or, alternatively, an official notice to proceed. The first task will include established individual and/or group meetings with the City Council, Human Resources, or key City staff, as appropriate, to finalize the recruiting and selection process (in-person or via video). This will include discussion of the project management for this search, review of the work plan, confirmation of timing, and communication methods. Working collaboratively with the City Council, Human Resources, and key City staff, this task will result in a more definitive timetable.

As part of our overall approach to this project, the Project Director will deliver regular updates (typically done orally) throughout each stage of the search. In addition, the Project Director will be accessible and responsive to client requests and inquiries.

Task 2 - Develop Position Profile
The City Manager position profile serves as the guide for the entire search process. The development of the profile includes collecting technical information and defining recruitment criteria.

Technical Information
The Project Director will conduct meetings with the City Council, Human Resources, key staff members, and others, as directed by the City, to gain an understanding of the experience and professional background requirements for the City Manager. These meetings will also help the Project Director understand the work environment and the issues facing the City of Newman. Meetings will be held in person, or video meetings can also be arranged.

Recruitment Criteria
The recruitment criteria are those personal and professional characteristics and experiences desired in the City Manager. The criteria should reflect the City of Newman's goals and priorities.

Subsequent to the development and adoption of the candidate profile, the technical information and recruitment criteria will be documented in an information brochure prepared by Ralph Andersen & Associates. The City will review the draft brochure, revise it as appropriate, and publish it for use throughout the search.

Optional Service (Community Survey) - The City Council may desire to obtain input from the Community on the qualities they would like to see in the new City Manager. To facilitate Community input, the Project Director is available to conduct an online survey, and/or community "listening sessions". Additionally, our process can allow for email comments to Ralph Andersen & Associates relating to the desired qualities of the next City Manager. See Cost Section for more details on pricing.

Task 3 - Outreach and Recruiting
This task is among the most important of the entire search. It is the focus of the activities of the Project Director and includes specific outreach and recruiting activities briefly described below.

Outreach
An accelerated outreach and advertising campaign will be developed. It will include the placement of ads in publications such as Western City Magazine, International City/County Management Association (ICMA), and other professional publications. Additionally, a select number of other government-related websites will be used to extend the targeted outreach in a short period of time.

Additionally, the advertisement and the full text of the position profile (the recruitment brochure) will be placed on Ralph Andersen & Associates' website, which is accessed by a large number of qualified candidates. This method of outreach to potential applicants provides a confidential source that is monitored by many key level executives on an ongoing basis.

Candidate Identification
Ralph Andersen & Associates will use their extensive contacts to focus on the recruiting effort. In making these contacts, the Project Director will reach out directly to individuals who meet the City's criteria. Each candidate identified through the recruiting efforts will receive an information brochure. Candidates will also be contacted directly to discuss the position and to solicit their interest in being considered.

Both the outreach and recruiting activities will result in applications and resumes from interested candidates. As they are received, resumes will be acknowledged, and candidates will be advised of the general timing of the search process. The following tasks involve the actual selection process once all resumes have been received.

Task 4 - Candidate Evaluation
This task will be conducted following the application closing date. It includes the following specific activities:

Screening
All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will include consideration of such factors as professional experience, and size and complexity of the candidate's current organization as compared to the candidate's profile.

Preliminary Research and Internet Review
The research staff of Ralph Andersen & Associates, under the direction of the Project Director, will conduct preliminary research and internet review for those candidates identified as the most qualified as a result of the screening process. This level of research will be conducted on a limited number of candidates to learn more about each candidate's public profile and related information available online.

Preliminary Interviews (by Recruiters)
The Project Director will conduct preliminary interviews with the top candidates identified through screening, preliminary research, and Internet review. The interviews are extensive and designed to gain additional information about the candidates' experience, management style, and "fit" with the recruitment criteria. Interviews will be conducted using video technology.

The screening portion of the candidate evaluation process typically reduces a field of applicants to approximately four (4) to six (6) individuals. Those individuals will be reviewed with the City prior to proceeding with the individual interviews.

Task 5 - Search Report
After completing Task 4, all documentation will be electronically supplied to the City (preferred method). The Project Director will prepare detailed information for review, including resumes uploaded to a file-sharing system (i.e., OneDrive or ShareFile). The Project Director will meet with the City Council (in-person or via video) to review the search report on the top candidates. The report divides all of the candidates into four groups, including 1) the top group of candidates that are recommended to be interviewed by the City Council; 2) a backup group to the first group; 3) a group for which no further consideration is required; and 4) a group that lacks minimum qualifications. The Search Report will include candidate resumes and cover letters. The results of preliminary media research will be included. This meeting will result in a confirmed group of top candidates for the City to further consider.

The traditional approach is to conduct a partial background on the top 2-3 candidates with various verifications, internet search, and limited references (outside of the current employer). References for current employers are often not released by candidates until the final stage of the search process when they are assured of being the candidate of choice. Verifications such as credit check, OMV Report, and civil/criminal are typically conducted once a contingent offer is made to the selected candidate unless the finalist candidate(s) gives explicit approval and sign a release to proceed.

Education checks are conducted before the slate of candidates interviews with the City Council.

The results of the Search Report will be a confirmed group of finalist candidates that the City Council will interview.

Task 6 - Selection
The final selection process will vary depending on the City Council's desires. The typical services provided by Ralph Andersen & Associates in the selection process are described briefly below:
• The Project Director will coordinate the selection process for the finalist group of candidates.

This includes handling logistical matters with candidates and with the City. • Ralph Andersen & Associates will prepare an electronic interview booklet (uploaded to OneDrive file-sharing program) that includes the resume, cover letter, and preliminary media research for each candidate. In addition, this electronic information will include suggested questions and discussion topics based on the recruitment criteria. Electronic copies of the interview booklet will be provided in advance of the candidate interviews. • The Project Director will facilitate the Interviews to assist the City through the selection process. This assistance will include an initial orientation, candidate introductions, and facilitation of discussion of candidates after all interviews have been completed. • Additionally, verifications will be made on the top two candidates and will include education verifications, Department of Motor Vehicle check, criminal and civil check, and credit check.

The results of these verifications will be discussed with the City at the appropriate time. • Reference checks will be conducted on the top candidate. The results of these reference checks will be discussed with the City Council at the appropriate time during a closed session.
• As needed, the Project Director is available to provide assistance to the City Council in the final selection as may be desired. This assistance may include providing or obtaining any additional information needed to support the final selection decision.

Task 7 - Negotiation
The Project Director is available to assist the City Council in negotiating a compensation package with the selected candidate. This includes recommendations on setting compensation levels.

Additionally, Ralph Andersen & Associates can work closely with the City Attorney on the deal points to be included in the employment agreement. As required by the Brown Act, the employment agreement for the new City Manager must be approved and voted on at a regularly scheduled City Council meeting.

Task 8 - Close Out
After the City has reached an agreement with the individual selected for the position, the Project Director will close out the search. These activities will include advising all finalist candidates by telephone on the status of the search.

Project Timing
We anticipate a timeframe of approximately 90 - 120 days (or less) from the execution of the agreement between the City and Ralph Andersen & Associates to the presentation of the finalists for an interview. Negotiation with the top candidate will take an additional week after finalist interviews.

A brief overview of the recruitment schedule is presented below (the schedule does not include the transition time for the selected candidate to join the City).

Task Estimated Week
of Completion
Task 1 - Review Project Management Approach Week One
Task 2- Develop Position Profile and Recruitment Brochure Week One - Week Two Task 3 - Outreach and Recruiting Week Two - Seven
Ongoing Throughout Process
Task 4- Candidate Evaluation (typically more focused during Week Six and Week Seven)
Task 5 - Search Report Week Eight - Week Nine
Task 6 - Selection Week Nine - Week Ten
Task 7 - Negotiation Week Ten -Week Eleven
Task 8 - Close Out Week Twelve
Additionally, the Project Director has the capacity to focus on this recruitment to meet the process's timing and milestones, as outlined above.

References
• City of Gilroy, California
Mayor Greg Bozzo
Phone: (669) 766-5771
Email: [email protected]
• Town of Los Altos Hills, California
Steve Mattas, City Attorney
Phone: (510) 282-7033
Email: [email protected]
• City of Los Banos, California
Soknirorn (Nirorn) Than, City Manager
Phone: (209) 827-7000
Email: [email protected]
Project Cost
The recruitment effort for a new City Manager for the City of Newman will be a comprehensive search process with a focus primarily in California, the Western Region, and nationally, if so desired. The review of resumes and qualifications will be conducted on all candidates who submit, giving the City the ability to select from a broad field of qualified candidates. The professional services fee to perform this search will be a fixed fee of $29,000 for recruitment services and all related expenses (not including a supplemental fee for the Community Survey). *Note - Expenses included in this fixed fee include such items as advertising, consultant interaction (anticipated to be done in-person or via video), clerical, graphic design, research, and long-distance telephone charges. On top candidates, Internet and Lexis/Nexis searches will be conducted.

Additionally, education verifications, DMV checks, wants and warrants, civil and criminal litigation search, and credit check will be conducted on the top two candidates. Detailed reference checks will be conducted on the top candidate.

Invoicing for Services - Ralph Andersen & Associates will bill the fixed fee to the City in four installments as follows:
• Following kick-off and finalization of recruitment brochure - $8,700 • After the closing date - $8,700
• After finalist interviews - $8,700
• Upon placement - $2,900
Progress payments will be due upon receipt.

Brochure - A full-color electronic brochure will be developed for the City Manager recruitment. All pictures will be the City's responsibility. The City will also be responsible for ensuring that there are no copyright restrictions on the photographs supplied to Ralph Andersen & Associates and for agreeing to pay any and all related charges or fines if a copyright violation is incurred, either during the search itself or subsequently.

Optional Service (Community Survey) - Should the City choose to conduct a Community Survey and/or community "listening sessions", with summarized results, this service would cost an additional $2,500-$3,500, depending on the scope of agreed upon services.

Exception -All candidate travel is the full responsibility of the City.

Guarantee
Ralph Andersen & Associates offers the industry-standard guarantee on our full search services. If the City Manager resigns or is dismissed for cause within one year of appointment, we will conduct another search free of all professional services charges.

If a placement is not made in the first outreach effort, the Consultant will conduct a second outreach effort with no charge for Professional Services.