AGENDA
Thursday, April 28, 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, A FACE COVERING
IS RECOMMENDED BUT NOT REQUIRED.
A. ROLL CALL
B. PRESENTATIONS
1. Proclaiming April as Fair Housing Month
2. Proclaiming May as Water Safety Month
3. Proclaiming April 28, 2022, as Arbor Day in Newark
4. 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 April 14, 2022, special and regular meeting minutes
3. Adopt a Resolution to support locating a trauma center at Washington Hospital Healthcare that will provide advanced life-saving medical care and ambulance transport within an acceptable trauma response time and encourages the Alameda County Board of Supervisors to approve a trauma center at Washington Hospital in Southern Alameda County.
4. Adopt a Resolution Approving the First Amendment to the Contractual Services Agreement with Greensfelder Commercial Real Estate LLC to Increase the Not-to-Exceed Amount by $40,000 and Authorizing a Budget Amendment to the Biennial Budget 2020-2022 for Fiscal Year 2022 to Provide Funding for Retail Property Research
5. Adopt a Resolution Approving the First Amendment to the Contractual Services Agreement with Economic Impact Catalyst for economic development digital platform and consulting services and Authorize an Increase in the Not-to-Exceed Amount by an Additional $80,000 for an Additional Three-Year Period and Authorizing an Amendment to the 2020-22 Biennial Budget for FY 2021-22 to Increase the General Fund Professional Services in the Amount of $25,000
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.
1. Adopt a Resolution confirming Mayor's appointments to the Community Development Advisory Committee
H. CLOSED SESSION
1. Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, and Human Resources Director Solito; Employee Groups:
the Newark Association of Miscellaneous Employees; the Newark Police Management Association; the Newark Police Association; the Confidential Employee Group; and City Officials and the Management, Supervisory, and Professional Employee Group.
2. Closed session for conference with Labor Negotiator pursuant to California Government Code Section 54957.6. Agency Designated Representative: Mayor Nagy, Unrepresented employee: City Manager Benoun.
I. ADJOURNMENT
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HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Assembly Bill 361 (2001). Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube. If you attend the meeting in person, a face covering is recommended, but not required.
Mayor Nagy, Vice Mayor Hannon, and Council Members Bucci, Collazo, and Freitas 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.
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/87254408834 From a telephone dial 1- 669-900-9128, Webinar ID Number 872 5440 8834 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 04/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclaiming April as Fair Housing Month
Every April, the National Association of REALTORS® commemorates the passage of the Fair Housing Act of 1968 with events and education that shine a light on housing discrimination and segregation. Fair Housing Month signifies a recommitment to expanding equal access to housing. A member of the Bay East Association of REALTORS® will accept a proclamation at the City Council meeting celebrating April as Fair Housing month.
Attachments
Proclamation
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PROCLAMATION NO. 1865
FAIR HOUSING MONTH
WHEREAS, the Fair Housing Act, enacted on April 11, 1968, enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and WHEREAS, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities; and WHEREAS, the City of Newark is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all; and
WHEREAS, our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities; and
WHEREAS, more than fifty years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated; and
WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness.
NOW, THEREFORE, I Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim April 2022 as
FAIR HOUSING MONTH
in Newark as an inclusive community committed to fair housing, and to promoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all residents and prospective residents of Newark.
IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Fourteenth Day of April, Two thousand twenty-two.
ALAN L. NAGY
Mayor
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Item B. 2.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclaiming May as Water Safety Month
In recognition of the popularity of swimming and other water related recreational activities, and the resulting need for ongoing public education on safer water practices, the month of May has been designated as National Water Safety Month. Recreation and Community Services staff will be at the meeting to accept the proclamation.
Attachments
Proclamation
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PROCLAMATION NO. 1867
NATIONAL WATER SAFETY MONTH
WHEREAS, individual and organized forms of recreation and the creative use of free time are vital to the happy lives of all our citizens; and WHEREAS, citizens of the City of Newark recognize the vital role that swimming and aquatic-related activities play in good physical and mental health and enhance the quality of life for all people; and
WHEREAS, the citizens of Newark understand the essential role that education regarding the topic of Water Safety plays in preventing drowning and recreational water-related injuries; and
WHEREAS, the City of Newark is extremely proud of the George M. Silliman Community Activity Center and aquatic programs of this community and their contribution to providing critical life skills, a safe and healthy place to recreate, a place to learn and grow, to swim, build self-esteem, confidence, and sense of self-worth which contributes to the quality of life in our community;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim the month of May as
NATIONAL WATER SAFETY MONTH
in Newark and urge all Newark residents to enjoy, recognize, and help promote the benefits derived from quality water safety programs and recreation resources, which provide something of value to everyone.
IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Twenty-eighth Day of April, Two Thousand Twenty-two.
ALAN L. NAGY
Mayor
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Item B. 3.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclaiming April 28, 2022, as Arbor Day in Newark In recognition of our continued dedication and commitment to the management of tree resources, the City of Newark has been named a Tree City U.S.A. for the thirty-fifth consecutive year by the National Arbor Day Foundation. An effective urban tree management program requires an on-going maintenance program, along with a program of renewal that includes planting new trees. In celebration of Arbor Day, a public tree planting will be held before the City Council meeting, at approximately 6:15 pm, towards the front of Civic Center Park, near the playground, located at 6300 Civic Terrace Avenue.
Assistant Maintenance Superintendent Neal Hornbeck will accept the proclamation at the meeting.
Attachments
Proclamation
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PROCLAMATION NO. 1866
ARBOR DAY
WHEREAS, the first Arbor Day was celebrated in 1872 to promote the reforestation of the plains of Nebraska, and by the year 1920 more than 45 states and territories observed Arbor Day; and
WHEREAS, Arbor Day will be observed in the City of Newark on April 28, 2022; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, enhance the environment by providing habitat for animals, purify the air, and beautify our community; and
WHEREAS, Arbor Day promotes tree appreciation and conservation, tree planting, and tree care; and
WHEREAS, the City of Newark has recognized the value of the thousands of specimen trees within the City limits, and has consistently supported the planting and maintenance of approximately 13,000 trees on public property;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, do hereby proclaim April 28, 2022, as
ARBOR DAY
in Newark and urge all residents to support efforts to protect our trees and woodlands and to support our City's urban forestry program.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Twenty-eighth Day of April, Two Thousand Twenty-two.
ALAN L. NAGY
Mayor
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Item B. 4.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of Employees
The following employees will be introduced at the City Council meeting:
Administrative Analyst Gonzalez
Associate Civil Engineer Anwar Mirza
Environmental Services Manager Scanlin.
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Item D. 1.
DATE 04/28/2022
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 04/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of April 14, 2022, special and regular meeting minutes Attachments
Special Meeting Minutes
Regular Meeting 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
Special Meeting
Thursday, April 14, 2022
A. ROLL CALL
Mayor Nagy called the meeting to order at 6:30 p.m. Present were Council Members Bucci, Collazo, Freitas, and Vice Mayor Hannon.
B. CITY MANAGER REPORTS
1. Appointment of Kristopher J. Kokotaylo as City Attorney effective April 14, 2022 and authorization for Mayor Nagy to execute an amendment to the agreement for legal services with Meyers, Nave, Riback, Silver & Wilson
Resolution No. 11330
City Manager Benoun gave the staff report recommending the appointment of Kristopher J. Kokotaylo as City Attorney.
The City Council thanked Mr. Kokotaylo and complimented his service.
Council Member Bucci moved, Council Member Collazo seconded to adopt a resolution appointing Kristopher J. Kokotaylo as City Attorney effective April 14, 2022, and authorizing Mayor Nagy to execute an amendment to the agreement for legal services Meyers, Nave, Riback, Silver and Wilson. The motion passed, 5 AYES.
2. Oath of Office for City Attorney Kristopher J. Kokotaylo Mayor Nagy introduced City Attorney Kristopher J. Kokotaylo and administered the Oath of Office.
City Attorney Kokotaylo thanked the City Council, City Manager, and City Staff Mayor Nagy presented the Employee of the Year certificate to City Clerk Harrington.
C. ADJOURNMENT
Mayor Nagy adjourned the meeting at 6:48 p.m.
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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, April 14, 2022
A. ROLL CALL
Mayor Nagy called the meeting to order at 7:25 p.m. Present were Council Members Collazo, Bucci, Freitas, and Vice Mayor Hannon.
B. PRESENTATIONS
1. Proclaiming April 24th to April 30th as National Crime Victims' Rights Week Mayor Nagy presented the proclamation to Jenifer Mello, South County Victim Advocate Supervisor for the Alameda County District Attorney’s office.
2. Introduction of employees
Mayor Nagy introduced Police Officers Adami and Sanchez.
C. PUBLIC COMMENT
No one requested to speak.
D. CONSENT CALENDAR
Council Member Bucci moved, Vice Mayor Hannon seconded, to approve Consent Calendar items D.1 through D.6, 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 March 24, 2022, special and regular meeting minutes Packet Page 26
Page No. 2
City of Newark City Council Minutes April 14, 2022
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 April 14 pursuant to AB 361
Resolution No. 11331
4. Adopt a resolution establishing the number of residents in the City of Newark for the purpose of determining the voluntary expenditure ceiling for the November 8, 2022, Municipal Election
Resolution No. 11332
5. Adopt a resolution initiating the 2022 Weed Abatement Program and setting May 26, 2022 for a public hearing
Resolution No. 11333
6. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with Baird + Driskell Community Planning and authorizing amendment of the 2020- 2022 Biennial Budget for Fiscal Year 2022 to provide funding for General Plan Updates related to the services associated with the 2023-2031 Housing Element
Resolution No. 11334
Contract No. 22011
E. PUBLIC HEARINGS
F. OTHER BUSINESS
1. Resolution to Initiate Proceedings for the Levy and Collection of Assessments for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18, and 19 for fiscal year 2022-2023
Resolution No. 11335
Council Member Collazo announced that she would recuse due to property ownership in Landscaping and Lighting District Nos. 10 and 11.
City Manager Benoun announced that he would recuse due to property ownership in Landscaping and Lighting District No. 11.
Council Member Collazo and City Manager Benoun exited the City Council Chambers.
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City of Newark City Council Minutes April 14, 2022
Public Works Director Fajeau gave the staff report recommending approval.
No one requested to speak.
Council Member Freitas moved, Vice Mayor Hannon seconded, to adopt a resolution to initiate proceedings for the levy and collection of assessments for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18, and 19. The motion passed, 4 AYES, 1 RECUSED (Collazo).
Council Member Collazo and City Manager Benoun returned to the City Council Chambers.
G. CITY COUNCIL MATTERS
Mayor Nagy commended the Parks and Recreation Department for another successful Family Day at the Park. He wished everyone a Happy Easter Council Member Bucci thanked the Optimist and Rotary Club volunteers for their Family Day at the Park help. He congratulated newly hired Police Officers Adami and Sanchez. He congratulated Records Supervisor Beck and City Clerk Harrington on being named Employees of the Year.
Council Member Freitas wished everyone a Happy Easter.
Vice Mayor Hannon agreed that Family Day at the Park was a great event. He announced that the Tri City Volunteers would hold a food distribution event at the Newark Community Center on the first and third Friday of each month. He wished everyone a Happy Easter.
Council Member Collazo announced that library cards could be used to make reservations at state parks. Happy Easter, Shop Newark.
H. CLOSED SESSION
1. Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, and Human Resources Director Solito; Employee Groups: the Newark Association of Miscellaneous Employees; the Newark Police Management Association; the Newark Police Association; the Confidential Employee Group; and City Officials and the Management, Supervisory, and Professional Employee Group.
No one request to speak.
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City of Newark City Council Minutes April 14, 2022
At 7:47 p.m. the City Council recessed to closed session.
At 7:55 p.m. the City Council convened in closed session.
At 8:25 p.m. the City Council reconvened in open session with all Council Members present.
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:25 p.m.
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Item D. 3.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Administrative Analyst
SUBJECT Adopt a Resolution to support locating a trauma center at Washington Hospital Healthcare that will provide advanced life-saving medical care and ambulance transport within an acceptable trauma response time and encourages the Alameda County Board of Supervisors to approve a trauma center at Washington Hospital in Southern Alameda County.
RECOMMENDATION
Staff recommends that the City Council approve a resolution to support locating a trauma center at Washington Hospital that will provide advanced life-saving medical care and ambulance transport within an acceptable trauma response time and encourages the Alameda County Board of Supervisors to approve a trauma center at Washington Hospital in Southern Alameda County.
EXECUTIVE SUMMARY
The Alameda County Trauma System Plan was established by Alameda County Board of Supervisors and approved by the State of California to assure optimum preparation and care for individuals injured in Alameda County. The network was established in 1987 and has remained the same despite the County’s population growth. The Alameda County Public Health Department has recognized this change and contracted with a third party to study the needs of the County.
The residents in Southern Alameda County experience the longest ambulance transport time in all of Alameda County.
Washington Hospital Health Care System (WHHS), founded in 1948 and in operation since 1958, is a District owned hospital governed by a locally elected Board of Directors. The District includes Fremont, Union City, Newark, Sunol and South Hayward. WHHS has applied to Alameda County to be a designated trauma center.
Staff recommends that the City Council approve a resolution to support locating a trauma center at Washington Hospital that will provide advanced life-saving medical care and ambulance transport within an acceptable trauma response time and encourages the Alameda County Board of Supervisors to approve a trauma center at Washington Hospital in Southern Alameda County.
BACKGROUND
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The current Alameda County trauma network has not changed since it was established in 1987. It currently has three trauma centers: Highland Hospital in Oakland, UCSF Benioff Children’s Hospital in Oakland, and Eden Medical Center in Castro Valley. The network has remained unchanged since adoption despite the dramatic population growth in the region. The population in Southern Alameda County alone has grown from roughly 230,000 residents when the trauma network was established to nearly 350,000 residents and is expected to grow by another 15 percent to 403,000 by 2040.
Traffic has increased over the years, which has led to increased transport times to existing trauma centers. Indeed, ambulance transport can often take 45 minutes to over an hour, far beyond what is acceptable for trauma response. In addition, roughly 180 patients annually are transported to Santa Clara County and other neighboring counties for trauma related care.
Washington Hospital Healthcare System (WHHS) has applied to Alameda County to be a designated Trauma Center able to initiate definitive care for all injured patients, with 24-hour immediate coverage by general surgeons, and coverage by orthopedic surgery, neurosurgery, emergency surgery and critical care.
DISCUSSION/ANALYSIS
In 2018-2019, WHHS hired a third-party to assess whether there was a need for a trauma center. The firm projected sufficient volume and a growing need in Southern Alameda County.
In 2021, Alameda County Public Health retained Bishop & Associates to conduct a feasibility and demand study of the trauma network in Alameda County. The study engaged the existing trauma centers, Stanford Healthcare-Valley Care and Washington Hospital Healthcare System. It is anticipated that their final report will be submitted to the East Bay Hospital Council and Alameda County Health Committee in April/May 2022, who will in turn make a recommendation to the Alameda County Board of Supervisors to consider making changes to the Alameda County trauma network.
WHHS has applied to Alameda County to be designated as a trauma center. WHHS is equipped with the 224,00-square foot Morris Hyman Critical Care Pavilion that opened in 2018. The facility contains a state-of-the-art emergency department with 39 bedrooms and two trauma rooms. The facility also houses a 48-critical care unit and 69 medical-surgical rooms.
WHHS has been affiliated with the University of California, San Francisco since 2013.
This strategic partnership gives WHHS access to UCSF Health’s specialty services and trained surgeons and provides local access to advanced life-saving care.
During its 64-year history, WHHS has maintained a reputation for providing patients the highest-quality clinical care. Expansions and development have always reflected the needs and priorities of the community. WHHS has an award-winning neurosurgical program that has been operational for decades. In addition, the stroke program has won several awards. The clinical services needed to support trauma care are already in Packet Page 31
place at WHHS.
Not only does WHHS have the infrastructure and services necessary to be a designated trauma center, but it has also has a history of being fiscally responsible and stable and keeping the health care needs at the forefront of all actions.
Designating the Washington Hospital as a trauma center will provide trauma patients in Southern Alameda County access to quicker life-saving medical care within an acceptable trauma response time.
For the aforementioned reasons, staff recommends adopting the attached resolution.
FISCAL IMPACT
There is no fiscal impact to the City associated with this item. It is staff's understanding that the operational cost of the trauma center at WHHS would be predominantly funded by WHHS. The financial model provided to Bishop & Associates assumed WHHS would receive $400,000 annually from the County, but no commitment has been made.
REVIEW AND APPROVAL
Prepared by – Roya Gonzalez, Administrative Analyst
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
WHHS Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK IN SUPPORT OF LOCATING A TRAUMA CENTER
AT WASHINGTON HOSPITAL HEALTHCARE THAT WILL
PROVIDE ADVANCED LIFE-SAVING MEDICAL CARE AND
AMBULANCE SUPPORT WITHIN AN ACCEPTABLE
TRAUMA RESPONSE TIME AND ENCOURAGES THE
ALAMEDA COUNTY BOARD OF SUPERVISORS TO
APPROVE A TRAUMA CENTER AT WASHINGTON
HOSPITAL IN SOUTHERN ALAMEDA COUNTY
WHEREAS, the Alameda County Trauma System Plan was established by the Alameda County Board of Supervisors in 1987 and has remained the same since adoption; and WHEREAS, the Trauma Network includes three designated trauma centers: Highland Hospital in Oakland, UCSF Benioff Children’s Hospital in Oakland and Eden Medical Center in Castro Valley; and
WHEREAS, ambulance transport to Eden Medical Center for trauma services from Southern Alameda County can often take 45 minutes to over an hour, far beyond what is acceptable for trauma response; and
WHEREAS, the population in Southern Alameda County alone has grown from roughly 230,000 residents when the trauma network was established to nearly 350,000 residents and is expected to grow by another 15 percent to 403,000 by 2040; and WHEREAS, the Alameda County Department of Public Health retained Bishop & Associates to assess the demand for and feasibility of additional trauma centers in Alameda County; and
WHEREAS, Bishop & Associates is anticipated to release the final report in April/May 2022 and make a recommendation to consider action on changing the Alameda County trauma network; and
WHEREAS, Washington Hospital Healthcare (WHHS) has applied to Alameda County to be a designated trauma center; and
WHEREAS, WHHS is equipped with the 224,000 square foot Morris Hyman Critical Care Pavilion that contains a state-of-the art emergency department; and WHEREAS, WHHS already has the clinical services in place needed to support trauma care; and
WHEREAS, designating Washington Hospital as a trauma center will provide trauma patients in Southern Alameda County access to quicker life-saving medical care within an acceptable trauma response time.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newark supports locating a trauma center at Washington Hospital Healthcare that will provide advanced life-saving medical care and ambulance support within an acceptable trauma response time and encourages the Alameda County Board of Supervisors to approve a trauma center at Washington Hospital in Southern Alameda County
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Item D. 4.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Anne Stedler, Economic Development Manager
SUBJECT Adopt a Resolution Approving the First Amendment to the Contractual Services Agreement with Greensfelder Commercial Real Estate LLC to Increase the Not-to-Exceed Amount by $40,000 and Authorizing a Budget Amendment to the Biennial Budget 2020-2022 for Fiscal Year 2022 to Provide Funding for Retail Property Research
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the First Amendment to the Contractual Services Agreement with Greensfelder Commercial Real Estate LLC to increase the not-to-exceed amount by $40,000 and authorizing a budget amendment to the Biennial Budget 2020-2022 for fiscal year 2022 to provide funding for property retail research.
EXECUTIVE SUMMARY
Adopting the recommended resolution amends a Contractual Services Agreement (CSA) with Greensfelder Commercial Real Estate LLC (the "Consultant") to provide retail consulting services, and authorizes a budget adjustment of $40,000 to the 2020-2022 Biennial budget for FY 2021-22.
The amended CSA includes the Consultant's scope of work to provide retail expertise to facilitate tenanting of large, vacant retail spaces at the intersection of Newark Boulevard and Jarvis Avenue. It also provides research and expertise to identify possible improvements to retail centers city-wide.
BACKGROUND
Vacancies at two large retail buildings at the intersection of Newark Boulevard and Jarvis Avenue has been a long-standing concern of the City. This concern is understandable because vacancies are detrimental in several ways. Vacancies neither serve the community with goods and services nor attract customers that benefit neighboring retailers. Vacancies do not generate retail sales tax or compensate property owners, and they are comparatively costly and difficult to maintain.
These realities underscore how important and mutually beneficial it is for both property owners and cities to maintain successful, thriving retail centers. Centers are also important amenities that contribute to a sense of community and well-being.
Furthermore, well-tenanted, physically updated retail properties support other thriving retail tenants.
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retail tenants.
The causes related to long-standing vacancies can be complex. Public records research of land use restrictions that relate to shopping center management generally can provide insight into the complexities. Public records for most retail center properties are available from title companies for a fee. These are typically written and recorded when retail centers are developed. They specify what a property owner can do within a center, including types of changes and improvements to the property and types of tenants allowed, and how many property owners at a center can deny proposals for these kinds of changes. Therefore, contractual constraints listed in public records can make it challenging for property owners to market and lease vacant buildings and even to make the site attractive to tenants in changing market conditions.
It is appropriate due diligence to understand these limitations, and will equip staff to work effectively with property owners as they seek to maintain and tenant their properties.
As part of a CSA with the Consultant approved by the city manager in Spring 2021, the Consultant conducted public records research for four Newark and Jarvis shopping centers. This work was completed in February 2022. The research reveals what limits and opportunities exist for change at these centers. This enables staff to estimate the public and private sector work involved for securing new tenants or proposed changes to the shopping center. This knowledge is useful, especially in the current market where retail is undergoing significant contraction and change, potentially further complicated by the pandemic.
DISCUSSION/ANALYSIS
Staff recommends continuing the public records research of selected commercial properties to understand opportunities to strengthen retail centers city-wide. The purpose of this work is to identify realistic economic development efforts as well as planning requirements to encourage tenanting at retail centers. While large (about 30,000 square feet or more) vacancies exist only in two locations at this time, plans for tenanting those vacancies are ideally considered on a city-wide basis because the retail market is sensitive to changes in an entire trade area. A change in one center could encourage a desirable change at another center.
The proposed research listed in the first two items below includes research on both private property contracts and city regulations and is expected to be completed by May 30, 2022, making the comprehensive effort comparatively quick. Findings from this research will prepare staff to contact retail property owners and confirm their future interests and plans.
The proposed work includes:
Complete research of the recorded private sector contracts available through title company records. Identify any opportunities or constraints that are important to the future of the centers.
1. Where an opportunity is identified in Item 1, above, determine the city requirements, estimated time and cost of approvals, as needed.
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If warranted, contact property owners and learn their level of interest and sense of urgency,
especially since some centers have multiple property owners who are required to approve proposed tenants or changes.
3. Finally, and separately, be prepared to identify any additional market research needed to augment the market study prepared by Hurst Harrigan Associates in 2020 based on pre-pandemic conditions.
4. The work described in Items 1. through 3. will allow the city to identify properties where change is most feasible and focus staff resources in cooperation with work by the respective owner(s). Therefore, staff recommends the above public records research at staff's direction for other retail centers throughout Newark, including properties outside the NewPark Mall Road (the ‘ring’ road) because they are subject to retail development pressure due to the redevelopment at NewPark Mall and the direction of the NewPark Specific Plan, properties where large centers (with anchor stores over approximately 30,000 square feet) that are either owned by multiple parties, and/or have restrictions in tenant leases (restrictions are often public records), and /or are being considered for possible physical or tenant changes by the property owner(s).
FISCAL IMPACT
The CSA proposed for amendment was originally dated March 25, 2021, with a not-to-exceed amount of $35,000 for retail consulting services. The proposed First Amendment would increase the not-to-exceed amount by $40,000 for a total compensation of $75,000. The current 21-22 Economic Development Division Budget lacks the funds for the amendment and a Budget Amendment to the 2020-2022 Biennial Budget for the current year, 2021-22 is requested. This action would result in expenditure of general fund money as follows:
Increase General Fund Professional Services (110.50.051.510.6220) by $40,000 Decrease Fund Balance (110.3000) by $40,000
The purpose of the retail analysis is to secure productive tenants in major vacancies and improve retail city wide, with the expectation of potential retail sales tax. The amount of tax gained will not be known until later in the process of encouraging tenancy.
REVIEW AND APPROVAL
Prepared by – Anne Stedler, Economic Development Manager Reviewed by – Steven Turner, Community Development Director Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Greensfelder Resolution
Amendment
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RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK
APPROVING THE FIRST AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH GREENSFELDER COMMERCIAL
REAL ESTATE LLC AND AUTHORIZING A BUDGET
AMENDMENT TO THE 2020-2022 BIENNIAL BUDGET 2020 FOR
FISCAL YEAR 2022
WHEREAS, consultant expertise is sometimes needed to carry out goals, policies and actions stated in the approved Economic Development Element (the “Element”) of the General Plan; and WHEREAS, the Element supports wise use of commercial properties, and addressing impediments to achieve dynamic retail properties that serve the public, provide sales tax revenue; and WHEREAS, existing multi-year retail vacancies undermine retail vitality and tax proceeds; and WHEREAS, more vacancies could occur due to current retail market conditions and the effects of the COVID-19 pandemic; and
WHEREAS, both retail tenanting to fill such vacancies and related changes at retail properties such as renovations are subject to recorded public records available from title companies; and WHEREAS, understanding the relevant provisions of recorded documents would enable the City to better plan, support and encourage wise use and re-tenanting by private sector property owners; and WHEREAS, Greensfelder Commercial Real Estate LLC has extensive experience analyzing such documents for both public and private clients; and
WHEREAS, Greensfelder Commercial Real Estate LLC and the City of Newark (together referred to as the “Parties”) executed a Contractual Services Agreement (the "Agreement”) to perform financial advising services to small businesses; and
WHEREAS, Section 27 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement effective March 10, 2022; and WHEREAS, the Parties desire to amend the services specified in Exhibit A, the Scope of Service.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby:
(1) Approve the First Amendment to the Consulting Services Agreement with Greensfelder Commercial Real Estate LLC to increase the existing not-to-exceed amount of $35,000 by $40,000 for a total not-to-exceed amount of $75,000, and authorizes the City Manager to execute the First Amendment, attached hereto, as approved to form by the City Attorney.
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(2) Approve an amendment to the 2020-2022 Biennial Budget and Capital Improvement Plan for fiscal year 2022 as follows:
Increase General Fund Professional Services (110.50.051.510.6220) by $40,000 Decrease Fund Balance (110.3000) by $40,000
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FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
GREENSFELDER COMMERCIAL REAL ESTATE, LLC
This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, (“City”) and GREENSFELDER COMMERCIAL REAL ESTATE LLC, a Limited Liability Company (“Consultant), (together sometimes referred to as “Parties') dated April 29, 2021, is entered into as of April 29, 2022.
RECITALS
WHEREAS, the Parties executed a Contractual Services Agreement (the "Agreement”) to perform financial advising services to small businesses generally including: surveying, assessing, advising and referring small businesses during the COVID-19 pandemic for the purpose of increasing business survival rates and maintaining employment levels to the extent possible, including expanding the network of resources available to such small businesses, and creating strategic partnerships to additional resources not otherwise known and available to them; and
WHEREAS, Section 27 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement effective March 10, 2022; and WHEREAS, the Parties desire to amend the services specified in Exhibit A, the Scope of Service; and
WHEREAS, the Agreement, provides a not to exceed compensation of Thirty-five Thousand Dollars ($35,000.00); and
WHEREAS, the not to exceed amount proposed in this amendment is an additional Forty Thousand Dollars ($40,000.00) for a total not to exceed amount of Seventy-Five Thousand Dollars ($75,000); and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 3.A. “Not to Exceed” Compensation, of the Agreement, is amended to increase the combined total of compensation and cost payable under the Agreement by FortyThousand Dollars ($40,000.00) from Thirty-Five Thousand Dollars ($35,000.00) to a total of Seventy-Five Thousand Dollars ($75,000.00).
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2. Exhibit A, the Scope of Services, is amended to add the Scope of Services for the First Amendment and is attached to this First Amendment.
3. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
City of Newark Greensfelder Commercial
Real Estate a California
Limited Liability Company
By __________________________ By _______________________ David J. Benoun David Greensfelder
City Manager Consultant
Dated: _____________________ Dated: __________________
Attest:
_____________________________
Sheila Harrington
City Clerk
Dated: _____________________
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
Interim City Attorney
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Exhibit A
Scope of Services for First Amendment
Title Report Research – Phase I
1. Review title reports and supporting documentation for properties surrounding NewPark Mall, and shopping centers specified by staff in one or more notices to proceed.
2. Prepare and present a summary of findings important to future uses and improvements to the property as done for the CVS Center in February 2022 for Community Development staff.
3. Maintain ongoing coordination with the Economic Development Manager.
4. Budget is up to 45 hours at existing rate of $335/hour (as stated in Exhibit B) and is expected to require approximately 45 hours.
5. Complete research by end of May 22, or at a time acknowledged in writing by the parties.
Entitlement, Owner Contact and Priorities – Phase II
1. Work with staff to develop priorities and specific objectives for any/all of the retail properties reviewed in Phase I
2. Research and summarize planning and zoning and related regulatory or procedural issues relating to these objectives, with attention to nature of application, time and cost.
3. Initial stakeholder outreach – meet with City staff for regulatory perspective, and owners/tenants to understand their perceptions of the market and interest to pursue improvements, tenanting or other options.
4. Develop strategy(ies) on a property-specific basis as they are defined by research and stakeholder outreach.
5. Identify and define other priorities and strategies that might be identified over the course of executing 1-4, above.
Phase II is exploratory to define and establish options on a per property basis. There is no implementation envisioned in this Amendment.
Staff shall issue Notices to Proceed as defined in Exhibit A, Scope of Services, approved with the Consulting Services Agreement dated April 29, 2021.
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Item D. 5.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Anne Stedler, Economic Development Manager
SUBJECT Adopt a Resolution Approving the First Amendment to the Contractual Services Agreement with Economic Impact Catalyst for economic development digital platform and consulting services and Authorize an Increase in the Not-to-Exceed Amount by an Additional $80,000 for an Additional Three-Year Period and Authorizing an Amendment to the 2020-22 Biennial Budget for FY 2021-22 to Increase the General Fund Professional Services in the Amount of $25,000
RECOMMENDATION
Staff recommends that the City Council adopt the resolution approving the First Amendment to the Contractual Services Agreement (CSA) with Economic Impact Catalyst (EIC) (the "Consultant') to authorize an increase in the not-to-exceed amount by an additional $80,000 for up to an additional three-year period and authorizing an amendment increasing the general fund professional services in the 2020-22 Biennial Budget for FY 2021-22 in the amount of $25,000.00.
EXECUTIVE SUMMARY
The City of Newark has a Consultant Services Agreement (CSA) with Economic Impact Catalyst (EIC), a consulting firm that provides a digital platform and related consulting services tailored for economic development organizations. The platform and service are provided on an annual subscription basis at a cost of $25,000 per year.
Since January 2021, the city has tested the value of EIC’s platform and consulting services. The results show significant efficiencies and benefits. For example, services to businesses are stronger due to the evolving Newark business database on the EIC platform, and the platform features staff uses to plan, target, deliver, and assess services.
Staff recommends amending the CSA to a multi-year agreement renewable each January from January 2022 and continuing through January 2023 and 2024. To fund the current year appropriation of $25,000, staff recommends approving a budget amendment as specified in the accompanying resolution. A budget appropriation for the next two years would be addressed in the 2022-2024 Biennial Budget at a cost of $27,500 per year, a ten percent increase per year.
BACKGROUND
The EIC subscription provides a digital platform and consulting services to significantly Packet Page 43
The EIC subscription provides a digital platform and consulting services to significantly increase the efficiency and effectiveness of economic development organizations, whether in government, higher education or non-profit agencies. Benefits to both Economic Development (ED) Division staff and Spectrum Small Business Services (SSBS), the city’s small and mid-size business consultants, are described in the following paragraphs.
The digital platform consolidates all relevant business data on each Newark business in one database. The platform automatically arrays the data to show (1) conditions for businesses overall, a macro analysis, and (2) conditions for an individual business and owner, a micro analysis.
The macro analysis for all businesses or a large group of businesses, is best illustrated by the Exceptional COVID-19 Grant Program (ECGP). Staff knew in early 2021 that the most threatened small businesses were those that had been closed six months or more by public health orders. SSBS consultant Michael Cohen used the business data consolidated on the EIC platform to:
Accurately estimate the number of businesses in need
Recommend a grant amount that would make a meaningful difference for businesses closed six months or more (a maximum of $20,000) Plan the eligibility criteria to benefit businesses most in need In contrast to the macro example (planning the ECGP), the micro analysis for an individual business owner is a comprehensive record critical for SSBS advising and building a ‘trusted-connector’ relationship to help a business analyze problems and opportunities. The micro analysis helps staff tailor services to individual needs where appropriate.
In addition to data management discussed in the preceding paragraphs, the EIC platform and services integrate features that help staff deliver services or projects. For example, the EIC digital platform:
Provides a survey feature integrated with the database. The survey functioned as the ECGP grant application, automatically scoring applications and presenting application responses at both macro and micro levels.
1. Documents the grant award methodology and payments for ARPA regulatory compliance.
2. Includes e-mail and event reservation functions that automate and tailor communication to businesses (such as invitations, RSVP's and attendance at webinars or training) and maintains that data at both macro and micro levels.
3. Individual business owner records are accessible confidentially by the owners themselves, enabling each owner to track his or her own evolving business conditions, and see that all the information they provide is captured in their confidential profile.
4. In addition, EIC staff performs data entry, including segments of business license records, Newark CARES and Alameda County CARES grant data, and all business surveys of those grant applicants. EIC's data entry is a major savings in cost and time.
Secondly, EIC provides ongoing and responsive software improvements to maximize Packet Page 44
Newark service capacity. Finally, since Newark is one client among EIC’s large client group nationwide, Newark benefits by the platform upgrades and features EIC develops for other clients. In fact, the exchange of best practices and case studies among the EIC client group is proving to be a useful network for Newark staff and SSBS.
The facts above explain staff’s recommendation to amend the existing CSA as a multi-year agreement.
DISCUSSION/ANALYSIS
Staff recommends renewing the CSA with EIC for a multi-year period extending to January 2025. The following City Council actions are recommended and enumerated in the accompanying resolution:
1. Approve amendment of the EIC CSA to a multi-year CSA Approve expenditure of general fund monies for a $25,000 (and increasing to $27,500 starting 2023) annual subscription cost which exceeds the $50,000 purchasing policy threshold for council approval when considered on a multi-year basis. This approval would fund subscriptions that begin each January of the following years: 2022, 2023, and 2024.
2. Authorize an amendment to the 2020-2022 Biennial Budget for FY 2022 increasing funding from the General Fund in the amount of $25,000.
3. Future year budget appropriations will be addressed in the 2022-2024 Biennial Budget currently underway and is not requested in this staff report. Those appropriations will be in the amount of $27,500 annually.
A multi-year CSA is an appropriate form of contract when it is in the city’s interest to continue work with a specific subscription service. The alternative, seeking bids from a range of vendors before annual renewal is important for many goods and services, but is not advisable in the case of EIC’s highly tailored service to an ongoing economic development program. The multi-year agreement gives the City the option, but not an obligation to renew each year, through a written notice to renew from the Community Development Director.
The multi-year agreement enables a longer-range service plan in collaboration with EIC. This is important because threatened businesses are still in a stabilization mode following the pandemic, and because staff is just now launching focused efforts for Old Town and for mid-size business owners. New software enhancements by EIC have a 2 - 4 month lead time, due to complexity, and such enhancements benefit from a multi-year horizon.
For all reasons stated above, staff recommends amending the CSA with EIC to maintain the digital platform and consulting services as a key support to Newark’s economic development program.
FISCAL IMPACT
The proposed First Amendment and multi-year CSA will provide an option for the city, Packet Page 45
The proposed First Amendment and multi-year CSA will provide an option for the city, at its election, to renew EIC subscription services in the amount of $25,000 per year due retroactively to January 2022, and in the amount of $27,500 in January 2023, and January 2024, all supported by the General Fund.
The proposed budget amendment is for FY 2021-22, the last year of the 2020-2022 Biennial Budget. The $27,500 appropriation each year for the coming years will be addressed in the 2022-24 Biennial Budget process now underway.
REVIEW AND APPROVAL
Prepared by – Anne Stedler, Economic Development Manager Reviewed by – Steven Turner, Community Development Director Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Amendment
EIC Resolution
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FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
STARTUP SPACE, LLC, DBA ECONOMIC IMPACT CATALYST
This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, (“City”) Startup Space, a Limited Liability Company (“Consultant), (together sometimes referred to as “Parties') dated April , 2022, is entered into effective January 03, 2022.
RECITALS
WHEREAS, the Parties executed a Contractual Services Agreement (the "Agreement”) to provide a comprehensive information to the business community; and, WHEREAS, Section 27 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement effective January 3, 2022; and WHEREAS, the Parties desire to continue the services specified in Exhibit A, the Scope of Service; and
WHEREAS, the Parties desire to add services to Exhibit A, the Scope of Service, to specify a digital platform provided by Consultant, including data inputting by Consultant and ongoing software and program enhancements by Consultant, which provides a record of Newark businesses and the services provided to such businesses, and WHEREAS, the Agreement, provides a not to exceed compensation of Twenty-Five Thousand Dollars ($25,000.00); and
WHEREAS, the term of the Agreement ends January 2025, and annual subscription payments are due and payable each year upon authorization for said payment in writing by the Director of Community Development, and
WHEREAS, the Not-to-Exceed amount is increased by Eighty Thousand Dollars ($80,000) from Twenty-Five Thousand Dollars ($25,000) to total “Not to Exceed” amount of One Hundred Five Thousand Dollars ($105,000); and
WHEREAS, the annual subscription payment is due and payable January 3 each year as follows: $25,000 in 2022 (retroactively), $27,500 per year in 2023 and 2024; and WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.
NOW, THEREFORE, the Parties hereby agree as follows:
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1. Section 3.A. “Not to Exceed” Compensation, of the Agreement, is amended to increase the compensation by Eighty Thousand Dollars ($80,000) from TwentyFive Thousand Dollars ($25,000.00) for a total “Not to Exceed” compensation of One Hundred Five Thousand Dollars ($105,000).
2. The opening paragraph of the Agreement is amended to add the name DBA Economic Impact Catalyst.
3. Section 18, Term/Termination, Paragraph A, of the agreement is amended to terminate this agreement effective January 3, 2025 unless extended by an Amendment signed by the Parties.
4. Exhibit A is amended to include: a digital platform provided by Consultant, including data inputting by Consultant of Newark records and ongoing software and program enhancements by Consultant These services cumulatively provide an ongoing record of Newark businesses and the services provided to such businesses through the City’s business assistance.
5. Exhibit B is amended to provide that the annual subscription payment of $25,000 is due and payable on January 3 for the year 2022 (retroactive), and $27,500 is due and payable January 3 of 2023 and January 3 of 2024 for services rendered from the date payment is due for the following twelve-month period, upon written authorization by the Community Development Director in the form of a Notice to Proceed, which Notice is issued at the City’s discretion.
6. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
City of Newark Startup Space, a Limited
Liability Corporation
By __________________________ By _______________________ David J. Benoun David Ponraj
City Manager Consultant
Dated: _____________________ Dated: __________________
Attest:
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_____________________________
Sheila Harrington
City Clerk
Dated: _____________________
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
Interim City Attorney
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RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK
APPROVING THE FIRST AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH ECONOMIC IMPACT CATALYST
LLC AND AUTHORIZING A BUDGET AMENDMENT TO THE 2020-
2022 BIENNIAL BUDGET FOR FISCAL YEAR 2022
WHEREAS, consultant expertise is sometimes needed to support the goals, policies and actions stated in the approved Economic Development Element (the “Element”) of the General Plan; and WHEREAS, the Element directs staff to support and encourage businesses and a strong local economy that contributes to the city’s tax revenue and provides jobs; and WHEREAS, Economic Impact Catalyst (EIC) provides a digital platform and consulting services that aid the efficiency and manage the data related to economic development services for the Newark business community; and
WHEREAS, EIC and the City of Newark (together referred to as “Parties”) executed a Contractual Services Agreement ( the “Agreement”) to provide services as described in the Agreement.
These services have been tested for a 14-month period and proven beneficial; and WHEREAS, the Parties want to amend the Agreement as provided in Section 27 of the Agreement; and
WHEREAS, the Parties want to provide for a term of agreement lasting to January 2025, with annual subscription payments of due and payable January 3 each year for 2022, 2023 and 2024, where each payment is approved in writing by the Community Development Director at his discretion; and WHEREAS, the “not to exceed” amount shall be increased by Eighty Thousand Dollars ($80,000) from Twenty-Five Thousand Dollars ($25,000) for an amended not-to-exceed amount of One Hundred Five Thousand Dollars ($105,000); and
WHEREAS, the Parties desire to add clarifications to the Agreement Exhibit A, the Scope of Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby:
1. Approve and authorize the City Manager to execute the First Amendment to the Consulting Services Agreement for Economic Impact Catalyst LLC, attached hereto and incorporated herein by reference, in a form approved by the City Attorney, and authorizes the City Manager to take all actions consistent with the intent of this resolution.
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2. Authorize an Amendment to the 2020-2022 Biennial Budget for fiscal year 2022 as follows:
Increase General Fund Professional Services (110.50.051.510.6220) by $25,000 Decrease Fund Balance (110.3000) by $25,000
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Item G. 1.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Alan L. Nagy, Mayor
SUBJECT Adopt a Resolution confirming Mayor's appointments to the Community Development Advisory Committee
The Community Development Advisory Committee (CDAC) is an appointed committee that provides recommendations to the City Council for the use of Community Development Block Grant funds and to the Community Development Director on priorities for the use of Housing funds. Lori Bogisich, who was appointed to the Committee in 2019, resigned from the committee when she was appointed to the Planning Commission. A notice was posted advertising the vacancy. Raju Mathew and Namit Saksena each requested appointment to the CDAC.
The Community Development Advisory Committee membership consists of two Council Members, two Planning Commissioners, and the balance from the community. Since there is no limit on the number of community members appointed, it is recommended that both Raju Mathew and Namit Saksena be appointed to the CDAC.
RECOMMENDATION
It is recommended that the City Council, by resolution, approve the appointments of Raju Mathew and Namit Saksena to the Community Development Advisory Committee.
Attachments
Resolution
Packet Page 52
Shr1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE APPOINTMENTS OF
RAJU MATHEW AND NAMIT SAKSENA TO THE
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
WHEREAS, a vacancy occurred on the Community Development Advisory Committee in November; and
WHEREAS, Raju Mathew and Namit Saksena each applied to fill the vacancy; and WHEREAS, the Community Development Advisory Committee does not limit the number of appointments from the community; and
WHEREAS, the Mayor of the City of Newark has appointed Raju Mathew and Namit Saksena to the Community Development Advisory Committee; NOW, THEREFORE, BE IT RESOLVED that said appointments are hereby approved by the City Council of the City of Newark.
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Item H. 1.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, and Human Resources Director Solito; Employee Groups: the Newark Association of Miscellaneous Employees; the Newark Police Management Association; the Newark Police Association; the Confidential Employee Group; and City Officials and the Management, Supervisory, and Professional Employee Group.
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Item H. 2.
DATE 04/28/2022
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Closed session for conference with Labor Negotiator pursuant to California Government Code Section 54957.6. Agency Designated Representative: Mayor Nagy, Unrepresented employee: City Manager Benoun.
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