AGENDA
Thursday, February 24, 2022
7:00 P.M.
HYBRID IN-PERSON/VIRTUAL MEETING
REFER TO THE END OF THE AGENDA TO REVIEW OPTIONS FOR PARTICIPATING IN THE MEETING REMOTELY OR IN-PERSON.
IF YOU ATTEND THE MEETING IN PERSON, UNVACCINATED INDIVIDUALS
ARE REQUIRED TO WEAR A FACE COVERING PURSUANT TO ALAMEDA COUNTY HEALTH OFFICER ORDER NO. 22-06. LIMITED PUBLIC SEATING WILL BE AVAILABLE IN THE CITY COUNCIL CHAMBERS CONSISTENT WITH CDC GUIDELINES.
A. ROLL CALL
B. PRESENTATIONS
1. Introduction of Employees
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.
D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion.
There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.
1. Approval of Audited Demands
2. Approval of February 10, 2022, minutes
3. Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Continued Remote Teleconferenced Meetings of the Legislative Bodies of the City of Newark for the 30 Day Period Beginning February 24 Pursuant to AB 361
4. Adopt a resolution approving a personnel allocation change to the 2020-2022 Biennial Budget and Capital Improvement Plan, removing one 0.75 full-time equivalent (FTE) Administrative Assistant and adding 1.0 FTE Administrative Analyst to the City Manager's Office
5. Adopt a resolution authorizing the submittal of an application for the SB 1383 Local Assistance Grant Program administered by the California Department of Resources Recycling and Recovery, authorize the City Manager or designee to execute funding agreements, and amend the 2020-2022 Biennial Budget and Capital Improvement Plan E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.
H. CLOSED SESSION
1. Conference with legal counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Loth, Chomnan v. City of Newark (Workers' Compensation Appeals Board Number ADJ13021646)
2. Closed session pursuant to Government Code Section 54957, Public Employee Appointment, Title: City Attorney
I. ADJOURNMENT
HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Assembly Bill 361.
Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube. Pursuant to Alameda County Health Officer Order No. 22-06, unvaccinated individuals attending the meeting in person are required to wear a face covering at all times. The City Council Chambers will have limited public seating consistent with CDC Guidelines.
Mayor Nagy, Vice Mayor Hannon, and Council Members Bucci, Collazo, and Hannon may be attending this meeting via teleconference. Teleconference locations are not open to the public. In the event that any members of the City Council elect to attend this meeting via teleconference, all votes conducted during the teleconferencing session will be conducted by roll call vote.
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How to view the meeting remotely:
Livestream online at YouTube: https://www.youtube.com/channel/UC383NGSxaPwZP1lkJbo2T8A Copy/paste the YouTube URL into your browser if the link does not automatically open.
How to participate in the meeting remotely, via Zoom Webinar:
From a PC, Mac, iPad, iPhone or Android device: Zoom Meeting https://us06web.zoom.us/j/83912791016 From a telephone dial 1- 669-900-9128, Webinar ID Number 839 1279 1016 Provide live, remote public comments, when the Mayor calls for comments. Use the raise your hand feature in Zoom to be called upon by the City Clerk.
For frequently asked Zoom questions, please go to Agendas and Minutes and select the Frequently Asked Questions link.
No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall use vulgar, profane, loud or boisterous language that interrupts a meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.
Council Meeting Access/Materials:
The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting.
Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted, if time allows, at Agendas and Minutes. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.
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Item B. 1.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of Employees
Alameda County Division Chief Jeffrey Luepke will be introduced at the City Council meeting.
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Item D. 1.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands
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Item D. 2.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of February 10, 2022, minutes
Attachments
Minutes
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City of Newark | Newark City Council
Mayor Alan L. Nagy | Vice Mayor Michael K. Hannon | Council Members: Luis L. Freitas, Maria “Sucy” Collazo, & Mike Bucci Minutes
Thursday, February 10, 2022
7:00 P.M.
A. ROLL CALL
Mayor Nagy called the meeting to order at 7:00 p.m. Present were Council Members Bucci, Collazo, Freitas, and Vice Mayor Hannon.
B. PRESENTATIONS
1. Introduction of employees
Mayor Nagy introduced Human Resources Director Jennifer Solito.
C. PUBLIC COMMENT
Eric Bishop, Ed.D. Superintendent/President, Ohlone Community College District stated that he has been with the college for over a year and wanted to introduce himself in person.
The following speakers addressed the City Council on Project Homekey at the Towne Place Suites located at 39802 Cedar Boulevard.
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John the Honest Academic spoke against Project Homekey. He stated that high density, homeless, and low-income housing was a bad idea. He stated that he would request that the State decline the application. He requested that the City Council not proceed with the project.
Ro S. stated that he opposed Project Homekey. He supported the petition against the project and thought is was an unfair process to the residents. He stated that he wanted to help the homeless and the low income. He requested placing this matter on the next agenda.
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Troy requested clarification on the resident qualification process, what was being provided for teachers or civil servants who make more than the minimum qualification, and consider other demographics. He suggested allocating some to homeless, to teachers, and to civil servants. He suggested providing other below market rate units to civil servants.
Mayor Nagy requested that the speakers provide new information and to not repeat comments that have been made. He stated that there was no proof that property values would be negatively impacted, notifications were mailed to residents within 500 feet of the proposed project and will receive notifications for the March 9, 2022 community meeting.
He noted that the School District is a separate entity with their own funding resources and that school enrollment has declined by 50 % in recent years. The City’s funding is from impact fees collected from developers specifically for projects like this one. The facility will be run by Abode Services with a staff of up to 5 employees. Residents will be screened, follow Abode’s rules, and pay rent. Public Safety is a top priority and that the City is a welcoming and diverse community.
City Manager Benoun stated that a community meeting will be held on Wednesday, March 9,2022, starting at 6:30 pm via Zoom.
Council Member Bucci stated that this is not an agenda item and the City Council are listening, but may not address the comments due to the Brown Act.
Matthew Hoffman stated that he opposed Project Homekey. He stated that Newark was not safe and safety would not improve with this project. He stated that he did not receive the notice and suggested extending the noticing perimeter. He requested placing this matter on the next agenda.
Patrick stated that he was opposed to project and did not receive the notice. He suggested extending the notice perimeter to 1000 feet.
Andrew Chau and his wife opposed the project due to young children in neighborhood and nearby schools. They stated that they learned about the project online and did not receive the notification.
Renu Soin stated that she was not notified of the project. She opposed the project and thought there were other priorities. She asked how this would be managed long term and funded. She requested placing this matter on the next agenda.
Samir Patel stated that he was opposed to the project near his home. He stated that he did not receive the notice and that resident input was needed. He expressed concern with the homeless near schools. He suggested using the funds for public safety.
YC Cheung stated that she opposed the project and did not receive the notice. She said it would impact their home value. She stated that she sells real estate, and they will have to disclose the shelter near their home.
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Alan Chi stated that he opposed the project. He requested placing this matter on the next agenda. He stated that the City would lose $1,000,000 in taxes from the hotel if it was converted and travelers spending money locally. He stated that mentally ill drug addicts will be imported to live in Newark. He suggested that Council Members could be replaced at the next election. He requested people sign his petition on Change.org.
Tarik Akbar stated that he opposed the project. He stated that he felt insulted by the Mayor’s comments regarding public comment. He stated that they had million-dollar homes and wanted to see the city go in a positive direction. He stated there was not enough public safety services for this project. He stated that notification should have been sent to the entire City. He requested placing this matter on the next agenda.
Ashley M.’s husband spoke against the project and stated that he did not receive notification. He requested placing this matter on the next agenda.
Peilli stated that she did not receive the notice. She requested that the City verify that the notice that was mailed. She stated that she was offended by the Mayor’s statement and she was against the project.
Rajesh stated that he opposed the project and did not receive the notice. He stated that he was concerned about neighborhood safety. He requested answers to questions posed at previous meetings. He requested placing this matter on the next agenda.
Shivani’s husband stated that he did not receive notification of the project. He was concerned about the safety of his children and opposed the project.
Rutvik Choksi stated that he was opposed to project. He stated that Project Homekey presentation lacked details. He suggested a presentation template with specific details. He also suggested a larger radius notification and use of the city newsletter for notifications.
He asked how citizens could oppose the project and change the decision.
Tiffany Deanda stated that she supported the project and people who opposed it should be disgusted with themselves. She stated that this project was for families with children who need help with low-income housing. She stated that it was expensive to live here, and everybody deserved a place to live.
Jai stated that he lived less than 500 feet from the project and did not receive notification.
He stated that he opposes the project and worried about safety. He requested placing this matter on the next agenda. He stated that the project would negatively impact the community and that more data was needed. He stated that he felt insulted by the Mayor’s statement. He requested placing this matter on the next agenda.
Annie’s husband stated that he lived near the project and did not receive the notification.
He stated that the majority of the speakers are against the project. He stated that the City of San Jose planned to build tiny homes in an isolated area and suggested Newark use creative thinking like that idea.
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Raza Jafri spoke against the project and requested that the City Council place it on the next agenda. He stated that the City Council approved the project without answering the community concerns.
Jessica stated that she lived 30 feet from the project and did not receive notification. She stated that she was not opposed to helping low-income families. She stated that the meeting presentation lacked information and did not address support services or long-term funding.
Katelyn M. stated that she supported the project and that the previous speakers oppose the project due to false fear. She stated that people cannot get work without an address and will pay rent. She stated that the stigma around homeless was dehumanizing and that they deserve an opportunity to become members of the community.
Larry stated that he grew up in low-income family and saw how homeless shelters impact the community. He suggested researching how other cities have handled the homeless citing Los Angeles which funded homeless services through ballot measures. He requested putting the project to a vote of the residents.
Nadia stated that she opposed the project and did not receive notification.
Chirag Joshi stated that he did not receive the notification and was against the project. The location was too close to the high school and children in the neighborhood. He requested putting the project to a vote of the residents.
Sam D. agreed with the speakers who opposed the project. He did not like the proximity to the high school and would not feel safe. He shared incidents in his neighborhood of theft and thought the Police Department had minimum staffing.
Jack requested that the City Council place the project on hold and add it to next agenda.
He did not receive notification and thought the City Council needed transparent feedback.
He stated that the site would be a blackhole absorbing homeless from other locations. He asked about the project plans for the next 30 years and services.
Vikram Mohair stated that there was no transparency for the project. He stated that the location would be unsafe once the project was built.
Sivarim M. opposed the project, agreed with the previous comments, and requested that the item be placed on the next meeting agenda.
Chirag stated that he was not in favor of the project because it would undervalue property and posed safety risks. He stated that there were already many homeless in the area and it was not a pleasant site.
City Manager Benoun stated that there would be a community meeting March 9, 2022, beginning at 6:30 p.m. via zoom. He further stated that an affordable housing agreement would be placed on the City Council in a few months. That item will be discussed openly Packet Page 25
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and publicly on the agenda.
D. CONSENT CALENDAR
Vice Mayor Hannon requested the removal of D.6 for separate consideration.
Council Member Bucci moved, Vice Mayor Hannon seconded, to approve Consent Calendar items D.1 through D.5 that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.
1. Approval of Audited Demands
2. Approval of January 27, 2022, minutes
3. Resolution for acceptance of work with DeSilva Gates Construction L.P. for 2020-2021 Asphalt Concrete Street Overlay Program, Project 1250 Resolution No. 11316
4. Resolution for acceptance of work with Bond Blacktop, Inc. for 2020-2021 Street Slurry Seal Program, Project 1251
Resolution No. 11317
5. Resolution for acceptance of work with Green Valley Landscape for Cedar Boulevard Landscape Improvements, Project 1199
Resolution No. 11318
6. Motion to accept the Annual Comprehensive Financial Report (ACFR) for the period ended June 30, 2021
Motion approved
Vice Mayor Hannon complimented staff for the excellent audit rating.
Moved by Vice Mayor Hannon, seconded by Council Member Collazo to, via motion, accept the Annual Comprehensive Financial Report (ACFR) for the period ended June 30, 2021. The motion passed, 5 AYES.
E. PUBLIC HEARINGS
F. OTHER BUSINESS
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G. CITY COUNCIL MATTERS
Vice Mayor Hannon commended Mayor Nagy for his outstanding work to the community.
He noted that the Mayor sorted food for the homeless on Saturday and does community work.
Council Member Collazo stated that Mayor Nagy volunteers his time to clean graffiti in the City. She encouraged everyone to help one another and noted that she lived in a one room house with her family. She shared that serves her fellow citizens, for the love of the community. She thanked the Council for working together to make the community a better place. Shop Newark.
Council Member Bucci requested that people maintain decorum when disagreeing. He stated that the Mayor has a passion for the City and could speak to his character. He stated that he would participate in the March 9, 2022, community meeting.
Council Member Freitas stated that the Mayor had his support and deserved the support of the community.
H. CLOSED SESSION
Closed Session pursuant to Government Code Section 54957, Public Employee Performance Evaluation, Title: City Manager
At 8:47 p.m. the City Council recessed to a closed session.
At 8:54 p.m. the City Council convened in closed session.
At 10:31 p.m. the City Council reconvened in open session with all Council Members present.
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:31 p.m.
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Item D. 3.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, Interim City Attorney
SUBJECT Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Continued Remote Teleconferenced Meetings of the Legislative Bodies of the City of Newark for the 30 Day Period Beginning February 24 Pursuant to AB 361
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021).
EXECUTIVE SUMMARY
Since near the start of the COVID-19 pandemic the City has been able to conduct meetings of its legislative bodies remotely pursuant to Executive Order N-29-20, which suspended certain provisions of the Brown Act allowing the City to conduct its meetings virtually. On June 11, 2021, Governor Newsom issued an Executive Order that ends the clauses of Executive Order N-29-20 which suspended those provisions of the Brown Act on September 30, 2021. Governor Newsom signed AB 361 into law on September 16, 2021. AB 361 allows the City to continue conducting virtual meetings where the Governor has proclaimed a State of Emergency and state or local officials have imposed or recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees.
On September 23, 2021, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. The City Council last made the necessary findings on January 27, 2022.
Staff and the City Attorney recommend that the City Council adopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings.
Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after January 27 2022.
BACKGROUND
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On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.
On March 17, 2020, the City Council adopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County. Additionally, since then, the highly contagious Omicron variant has emerged and has resulted in the greatest nationwide COVID-19 infection rate since the beginning of the COVID-19 pandemic.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
The City Council adopted a resolution pursuant to AB 361 on September 23, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City Council has adopted continued resolutions since that time.
DISCUSSION/ANALYSIS
The California Legislature approved AB 361 and the Governor signed the bill into law Packet Page 29
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021. AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing;
· Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; · County Health orders require that certain individuals in indoor public spaces wear masks, the CDC recommends social distancing of at least six feet due to COVID-19, and CalOSHA recommends social distancing under certain circumstances; · The Delta and Omicron variants of COVID-19 has resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County; · Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
Pursuant to AB 361, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to continue meeting remotely.
At this time, the City Council and its legislative bodies have continued to proceed with hybrid in-person meetings. However, given the unpredictability of the COVID-19 virus and the continued high infection rate, as well as the recommendations from state and local health officials to continue implementing mitigation measures in response to COVID-19, the City can continue to make the necessary findings in the event of an unanticipated change in circumstances.
FISCAL IMPACT
There is no direct fiscal impact of adopting this Resolution.
REVIEW AND APPROVAL
Reviewed by – Kristopher J. Kokotaylo, Interim City Attorney Approved by – David J. Benoun, City Manager
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Attachments
AB 361 Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE
HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING
CONTINUED REMOTE TELECONFERENCED MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF NEWARK FOR
THE 30 DAY PERIOD BEGINNING FEBRUARY 24
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Newark’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 17, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or Packet Page 32
recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and
WHEREAS, on August 3, 2021, in response to the Delta variant of COVID-19, the Alameda County Health Officer issued an order for nearly all individuals to wear masks when inside public spaces; and
WHEREAS, following the Alameda County Health Order the Omicron variant emerged and was designated as a variant of concern by the United States; and WHEREAS, the emergence of the highly contagious Omicron variant has resulted in the greatest nationwide COVID-19 infection rate since the beginning of the COVID-19 pandemic; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the rise in cases due to the Delta and Omicron variant of COVID19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 23, 20201, the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the City Council has subsequently found that the presence of COVID-19 and the number of cases due to the Delta and Omicron variants would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist due to the Delta and Omicron variants of COVID-19; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:
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1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.
4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
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Item D. 4.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution approving a personnel allocation change to the 2020-2022 Biennial Budget and Capital Improvement Plan, removing one 0.75 full-time equivalent (FTE) Administrative Assistant and adding 1.0 FTE Administrative Analyst to the City Manager's Office
RECOMMENDATION
Staff recommends that the City Council, by resolution, approve a personnel allocation change to the 2020-2022 Biennial Budget and Capital Improvement Plan, deleting one
0.75 full-time equivalent (FTE) Administrative Assistant and adding one 1.0 FTE Administrative Analyst to the City Manager's Office
EXECUTIVE SUMMARY
There is a current 0.75 full-time equivalent (FTE) Administrative Assistant position vacant in the City Manager's Office. In order to provide a higher-level of administrative support and assign project work, staff recommends reclassifying the Administrative Assistant position to Administrative Analyst. This reclassification requires a personnel allocation change in the 2020-2022 Biennial Budget and Capital Improvement Plan to acknowledge the new job title.
BACKGROUND
It is customary to review positions that become vacant to assess job duties and the position's role in the organization, and to identify options to filling the vacancy as-is to improve department operations. On January 23, 2022, an Administrative Assistant position became vacant in the City Manager's Office. This position was responsible for general administrative tasks associated with all functions of the City Manager's and City Attorney's Offices. The previous incumbent also provided advanced lead clerical support to Human Resources and Risk Management, as these functions were temporarily being assigned to the City Manager's Office.
DISCUSSION/ANALYSIS
Staff reviewed the Administrative Assistant class specification and considered the City Manager's Office (CMO) current and future needs. In addition to the advanced clerical support as either a primary or back-up function for the various divisions of the CMO, a greater need for project-based work has been emerging. As our community grows, requirements from regulatory agencies continue to increase, and collaboration with Packet Page 35
various agencies becomes key for Newark to participate in regional efforts, the CMO's limited personnel resources are strained.
The existing Administrative Analyst class specification incorporates the additional job duties needed for a future employee to perform the analytical, budgetary, and project-based work currently performed by executive management or shelved due to lack of capacity. It is common for cities to have an Analyst position in the City Manager's Office to research, analyze, and recommend solutions to community and internal operational issues. This may include implementation of capital improvement projects, such as studies, assessments, and other non-technical project oversight. This position would conduct legislative, statistical and fiscal analyses; research grant opportunities and other special funding sources; and improve interdepartmental and interagency communications that the current CMO staff has limited capacity to engage in. The positions would not only relieve CMO staff, but also support other prioritized work throughout the City.
To appropriate this work and recruit for an Administrative Analyst, a change to the personnel allocation in the 2020-2022 Biennial Budget and Capital Improvement Plan is required to delete 0.75 FTE Administrative Assistant and add 1.0 FTE Administrative Analyst to the City Manager's Office.
FISCAL IMPACT
The cost of reclassifying the current Administrative Assistant to an Administrative Analyst is estimated at $18,400 dollars for the last quarter of the current fiscal year.
This includes approximately $8,100 for the higher classification and $10,300 for the increase in hours from 0.75 FTE to one full-time position. There are sufficient funds in the Fiscal Year 2022 budget to cover the estimated cost of $18,400. These ongoing costs will be requested in future years' budgets.
REVIEW AND APPROVAL
Prepared by – Lenka Hovorka, Assistant City Manager
Reviewed by – Kristopher J. Kokotaylo, Interim City Attorney Approved by - David Benoun, City Manager
Attachments
Admin Analyst CMO
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE DELETION OF A THREEQUARTER (0.75) FULL-TIME EQUIVALENT POSITION OF
ADMINISTRATIVE ASSISTANT AND THE ADDITION OF
ONE (1.0) FULL-TIME EQUIVALENT POSITION OF
ADMINISTRATIVE ANALYST, TO THE 2020-2022 BIENNIAL
BUDGET AND CAPITAL IMPROVEMENT PLAN FOR
FISCAL YEAR 2022.
WHEREAS, the 2020-2022 Biennial Budget and Capital Improvement Plan was adopted by the City Council via Resolution No. 11,098 on June 25, 2020; and WHEREAS, the City reviewed the job duties of the Administrative Assistant position; and
WHEREAS, the City concluded the City Manager’s Office is in need of higher-level administrative support to include research and analysis of operational and community interests and concerns; and
WHEREAS, the City also concluded the Administrative Analyst class specification accurately depicts the job duties of the higher-level administrative support needed; and WHEREAS, the City also concluded the volume of the additional higher-level responsibilities requires one full-time employee; and
WHEREAS, the Administrative Assistant and Administrative Analyst classes are both included in non-represented employee groups; and
WHEREAS, the City seeks to amend the 2020-2022 Biennial Budget and Capital Improvement Plan to delete a three-quarter (0.75) full-time equivalent position of Administrative Assistant and add one (1.0) full-time equivalent position of Administrative Analyst; and WHEREAS, the City used standard practices to determine the additional fully benefitted costs of an Administrative Analyst.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the certain document entitled “2020-2022 Biennial Budget and Capital Improvement Plan of the City of Newark” adopted by Resolution 11,098 on June 25, 2020, and subsequently amended by resolutions, is hereby amended to remove a 0.75 FTE Administrative Assistant and add 1.0 FTE Administrative Analyst.
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Item D. 5.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT Adopt a resolution authorizing the submittal of an application for the SB 1383 Local Assistance Grant Program administered by the California Department of Resources Recycling and Recovery, authorize the City Manager or designee to execute funding agreements, and amend the 2020-2022 Biennial Budget and Capital Improvement Plan
RECOMMENDATION
Staff recommends that the City Council, by resolution, authorize the submittal of an application for the SB 1383 Local Assistance Grant Program administered by the California Department of Resources Recycling and Recovery (CalRecycle) for five years, authorize the City Manager or designee to execute associated funding agreements and amend the 2020-2022 Biennial Budget and Capital Improvement Plan.
EXECUTIVE SUMMARY
Submittal of an application for the SB 1383 Local Assistance Grant Program through the California Department of Resources Recycling and Recovery (CalRecycle) would secure $65,104 to assist the City with the implementation of various SB 1383 requirements. Staff recommends submittal of an application to fund the purchase of needed equipment and materials and public outreach efforts, authorization for the City Manager or his designee to execute the associated funding agreements and an amendment to the 2020-2022 Biennial Budget and Capital Improvement Plan.
BACKGROUND
Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment.
CalRecycle is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to SB 1383: Short-lived Climate Pollutants. This non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of requirements associated with SB 1383. Total funding available through the program is $57,000,000 and is allocated to cities, counties, special districts, and joint powers authorities based on population. The City of Newark’s per capita allocation through this program is $65,104.
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The process to obtain these funds is initiated by the City Council’s adoption of a resolution authorizing the City Manager to apply to the program for project(s) that meet the program criteria. Adoption of the resolution expresses the City’s agreement with the general program guidelines and delegates the authority to the City Manager or his designee to sign and submit all documents which may be necessary for the grant scope.
DISCUSSION/ANALYSIS
Short-lived climate pollutants, such as methane, create a warming influence on the climate that is many times more potent than carbon dioxide, and the decomposition of organic material in landfills is the largest man-made source of methane to the atmosphere. SB 1383 requires the development and implementation of programs to significantly reduce the quantity of organic material disposed of in landfills. The SB 1383 Grant Program is intended to assist with the implementation of these programs.
One of the programs local municipalities are required to implement is the procurement of compost and mulch generated by the increased diversion of organic material. Staff recommends that the grant funds be used to procure compost/mulch and a top dresser to facilitate spreading of compost/mulch at City parks and for the public outreach.
FISCAL IMPACT
An amendment of the 2020-2022 Biennial Budget and Capital Improvement Plan is needed to accept the funding. SB 1383 Grant Program funding can be used to purchase equipment and material and to assist with public outreach efforts needed for the implementation of SB 1383 requirements. No local matching funds are required.
REVIEW AND APPROVAL
Prepared by – James Scanlin, Environmental Services Manager Reviewed by – Soren Fajeau, Public Works Director
Reviewed by – Kristopher J. Kokotaylo, Interim City Attorney Approved by – David J. Benoun, City Manager
Attachments
SB 1383 Grant Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWARK AUTHORIZING SUBMITTAL OF AN
APPLICATION THE SB 1383 LOCAL ASSISTANCE
GRANT PROGRAM ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY FOR FIVE YEARS,
AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO EXECUTE ASSOCIATED FUNDING
AGREEMENTS AND AMENDING THE 2020-2022
BIENNIAL BUDGET AND CAPITAL IMPROVEMENT
PLAN
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark authorizes the submittal of an application to CalRecycle for the SB 1383 Local Assistance Grant Program.
BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Newark all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.
BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption through January 31, 2027.
BE IT FURTHER RESOLVED that the 2020-2022 Biennial Budget and Capital Improvement Plan is hereby amended with SB 1383 Local Assistance Grant Program funding distributed as follows:
Description Expenditure Account Amount
SB 1383 Grant Funds 492.60.063.631.6120 $65,104
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Description Revenue Account Amount
SB 1383 Grant Funds 492.60.063.631.4792 $65,104
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Item H. 1.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT Conference with legal counsel - Existing Litigation Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Loth, Chomnan v. City of Newark (Workers' Compensation Appeals Board Number ADJ13021646)
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Item H. 2.
DATE 02/24/2022
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Closed session pursuant to Government Code Section 54957, Public Employee Appointment, Title: City Attorney
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