Newark City Council
May 12, 2022

AGENDA
Thursday, May 12, 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. Proclamation designating May 15-21, 2022, as National Police Week

2. Proclamation designating May 15-21, 2022, as Public Works Week 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 28, 2022, minutes

3. Resolution accepting the public subdivision improvements for Tract 8208 (Continental Residential, Inc.), a 281-unit residential subdivision at Cedar Boulevard and Cedar Court

4. Adopt a resolution endorsing the Alameda County Home Together 2026 Implementation Plan to Address Homelessness.

5. Resolution authorizing the City Manager to execute a memorandum of understanding between the City of Newark and the Alameda County Department of Environmental Health to implement the SB1383 Edible Food Recovery Program

6. 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 May 12 Pursuant to AB 361

7. Adopt a Resolution confirming the continued existence of a local emergency due to the COVID-19 Pandemic

8. Authorization for the City Manager to execute a purchase order and enter into an agreement with CentralSquare Technologies, Inc. for an update to the City's permit tracking software system and appropriation of $200,000 from American Rescue Plan Act (ARPA) funds to Capital Improvement Plan (CIP) Project 001296 - Permit Tracking System Software Upgrades

9. Approval of an amendment to Resolution No. 10,416 to revise the Personnel Rules and Regulations by changing the authority of approving class specifications from the City Council to the City Manager or Personnel Officer.

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. Closed session for conference with Labor Negotiators pursuant to California Government Packet Page 2

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

HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Assembly Bill 361 (2021). 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. The City Council Chambers will have limited public seating consistent with CDC Guidelines.

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/87507429771 From a telephone dial 1- 669-900-9128, Webinar ID Number 875 0742 9771 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 Packet Page 3
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 05/12/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Proclamation designating May 15-21, 2022, as National Police Week May 15-21, 2022 has been designated National Police Week in Newark.  A member of the Police Department will be at the meeting to accept the proclamation.

Attachments
Proclamation
Packet Page 5
PROCLAMATION NO. 1872

NATIONAL POLICE WEEK
WHEREAS, Congress and the President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which May 15 falls as National Police Week; and WHEREAS, the members of the Newark Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the City of Newark; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people of the community by protecting the innocent against deception and the weak against oppression; and
WHEREAS, the men and women of the City of Newark Police Department unceasingly provide a vital public service;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim May 15 – 21, 2022, as

NATIONAL POLICE WEEK
in the City of Newark in honor of the law enforcement officers, past and present, who have rendered a dedicated service to the community, and do further proclaim May 15, 2022, as Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty.

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 Twelfth Day of May, Two Thousand Twenty-two.

ALAN L. NAGY
Mayor
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Item  B. 2.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Proclamation designating May 15-21, 2022, as Public Works Week May 15-21, 2022 has been designated National Police Week in Newark.  A member of the Public Works Department will be at the meeting to accept the proclamation.

Attachments
Proclamation
Packet Page 7
PROCLAMATION NO. 1871

NATIONAL PUBLIC WORKS WEEK
WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, parks and landscape, and equipment maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of public works officials;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim the week of May 15-21, 2022, as

NATIONAL PUBLIC WORKS WEEK
in the City of Newark, and I call upon the community to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Twelfth Day of May Two Thousand Twentytwo.

ALAN L. NAGY
Mayor
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Item  D. 1.

DATE 05/12/2022
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 05/12/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Approval of April 28, 2022, minutes
Attachments
Minutes
Packet Page 22
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 28, 2022
A. ROLL CALL
Mayor Nagy called the meeting to order at 7:00 p.m. Present were Council Members Collazo, Freitas, and Vice Mayor Hannon. Council Member Bucci was noted absent.

B. PRESENTATIONS

1. Proclaiming April as Fair Housing Month
Mayor Nagy presented the proclamation to Dorothy Jackson, Past President of Bay East Association of Realtors, Director of the California Association of Realtors and Member Emeritus of the National Associations of Realtors.

2. Proclaiming May as Water Safety Month
Mayor Nagy presented the proclamation to Senior Recreation Supervisor Beireis.

3. Proclaiming April 28, 2022, as Arbor Day in Newark
Mayor Nagy presented the proclamation to Assistant Maintenance Superintendent Hornbeck. The City Council planted a tree at Civic Center Park, before the City Council meeting, in honor of Arbor Day.

4. Introduction of Employees
Mayor Nagy introduced Environmental Services Manager Scanlin, Associate Civil Engineer Mirza, and Administrative Analyst Gonzalez.

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Page No. 2
City of Newark City Council Minutes April 28, 2022
C. PUBLIC COMMENT
No one requested to speak.

D. CONSENT CALENDAR
Vice Mayor Hannon requested the removal of item D.3 for separate consideration.

Council Member Freitas moved, Council Member Collazo seconded, to approve Consent Calendar items D.1, D.2, D.4, and D.5, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 4 AYES, 1 ABSENT (Bucci).

1. Approval of Audited Demands

2. Approval of April 14, 2022, special and regular meeting minutes

3. Removed from Consent Calendar for separate consideration.

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
Resolution No. 11336
Contract No. 21014

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
Resolution No. 11337
Contract No. 20072
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Page No. 3
City of Newark City Council Minutes April 28, 2022
Removed from Consent Calendar for separate consideration

3. Adopt a Resolution to support locating a trauma center at Washington Hospital Healthcare that will provide advanced lifesaving 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
Resolution No. 11338
Vice Mayor Hannon spoke in support of adopting the resolution.

Kimberly Hartz, CEO Washington Hospital, spoke in support of the resolution.

Vice Mayor Hannon moved, Council Member Collazo seconded to adopt the resolution in support of locating a trauma center at Washington Hospital Healthcare that will provide advanced lifesaving 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. The motion passed 4 AYES, 1 ABSENT (Bucci).

E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY COUNCIL MATTERS

1. Adopt a Resolution confirming Mayor's appointments to the Community Development Advisory Committee
Resolution No. 11339
Mayor Nagy recommended appointing Raju Mathew and Namit Saksena to the Community Development Advisory Committee.

No one requested to speak.

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Page No. 4
City of Newark City Council Minutes April 28, 2022
Council Member Collazo thanked the applicants for volunteering their time.

Council Member Collazo moved, Vice Mayor Hannon seconded, to adopt a resolution approving the appointments of Raju Mathew and Namit Saksena to the Community Development Advisory Committee.

The motion passed, 4 AYES, 1 ABSENT (Bucci).

Vice Mayor Hannon wished everyone a joyous Mother’s Day.

Council Member Collazo wished everyone a Happy Mother’s Day. She encouraged everyone to wear denim on April 29 in honor of Sexual Assault Awareness. She noted that Cinco de Mayo was next week.

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.

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.

At 7:32 p.m. the City Council recessed to closed session.

At 7:36 p.m. the City Council convened in closed session.

At 8:30 p.m. the City Council reconvened in open session with all Council Members present, except Council Member Bucci.

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Page No. 5
City of Newark City Council Minutes April 28, 2022
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:30 p.m.

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Item  D. 3.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Soren Fajeau, Public Works Director
SUBJECT    Resolution accepting the public subdivision improvements for Tract 8208 (Continental Residential, Inc.), a 281-unit residential subdivision at Cedar Boulevard and Cedar Court

RECOMMENDATION
Staff recommends that the City Council, by resolution, accept the public subdivision improvements for Tract 8208 (Continental Residential, Inc.), a 281-unit residential subdivision at Cedar Boulevard and Cedar Court.

EXECUTIVE SUMMARY
All public improvements associated with Tract 8208, a 281-unit residential subdivision by Continental Residential, Inc. have been completed to the satisfaction of the City Engineer.  The final roadway resurfacing, striping and a portion of the landscaping on Cedar Boulevard and Cedar Court had been delayed for an extended period of time due to necessary coordination with the San Francisco Public Utilities Commission.

Formal acceptance of the public improvements and release of the remaining bond riders in the amount of 20% of the original Performance and Materials Bonds is recommended.

BACKGROUND
Continental Residential, Inc. previously entered into a Subdivision Agreement with the City of Newark to construct improvements associated with Tract 8208, a 281-unit residential subdivision located at Cedar Boulevard and Cedar Court.  Continental Residential, Inc. provided a Performance Bond in the amount of $8,875,000 and a Materials Bond in the amount of $4,438,000 to guarantee the completion of the tract improvements, including all in-tract infrastructure on new private streets and all public improvements within the public rights-of-way on Cedar Boulevard and Cedar Court.

On May 28, 2020, the City Council reduced the original bond amounts to 20% of their original values due to completion of more than 80% of the total scope of tract improvements.  Some remaining public improvements on Cedar Boulevard and Cedar Court were delayed due to necessary coordination with the San Francisco Public Utilities Commission (SFPUC) for work within the SFPUC right-of-way.  This included, but was not limited to pavement resurfacing, pavement striping, and landscaping improvements.

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DISCUSSION/ANALYSIS
All public improvements, including all work on Cedar Boulevard and on Cedar Court within the SFPUC right-of-way has now been completed to the satisfaction of the City Engineer.  The remaining scope of improvements included pavement resurfacing and pavement striping on Cedar Boulevard and Cedar Court along with final landscaping improvements on the southbound side of Cedar Boulevard.  The previously approved bond riders in the amount of 20% of the original Performance and Materials Bonds can now be released with formal acceptance of this work.

FISCAL IMPACT
Acceptance of the public improvements within Tract 8208 has no direct fiscal impact to the 2020-2022 Biennial Budget and Capital Improvement Plan.  Maintenance responsibilities do return to the City for the roadway surfaces on Cedar Boulevard and Cedar Court and the non-frontage landscaping on the southbound side of Cedar Boulevard.

REVIEW AND APPROVAL
Prepared by – Soren Fajeau, Public Works Director
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Resolution
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWARK ACCEPTING THE PUBLIC
SUBDIVISION IMPROVEMENTS FOR TRACT 8208, A
281-UNIT RESIDENTIAL SUBDIVISION AT CEDAR

BOULEVARD AND CEDAR COURT
WHEREAS, Continental Residential, Inc., the developer of Tract 8208, a 281-unit residential subdivision located at Cedar Boulevard and Cedar Court, previously entered into a Subdivision Agreement with the City of Newark (Resolution No. 10,426) to improve said Tract in accordance with plans on file with the City Engineer; and WHEREAS, the scope of improvements for Tract 8208 on Cedar Boulevard and Cedar Court included underground utility connections, installation of a traffic signal and streetlighting, new sidewalk, curb and gutter, pavement resurfacing and striping, nonfrontage decorative wall and landscaping, and other improvements; and WHEREAS, said improvements have been completed in conformance with the plans and specifications of the contract entered into heretofore and the City Engineer has recommended acceptance of these public improvements on Cedar Boulevard and Cedar Court; and
WHEREAS, additional work was completed in conformance with the plans and specifications within the common areas of the project site to be owned and maintained by the Tract 8208 Homeowners Association, including but not limited to private streets, driveways, sidewalks, signage, utilities, storm drain and stormwater treatment systems, lighting, landscaping, and other common area improvements; and WHEREAS, pursuant to Resolution No. 11,063, the City Council of the City of Newark approved 80% bond reductions through the release and replacement of the original Performance Bond in the amount of $8,875,000 and the original Materials Bond in the amount of $4,438,000 with bond riders issued by Liberty Mutual Insurance Company in the amounts of $1,775,000 and $888,000 respectively.

NOW THEREFORE, BE IT RESOLVED BY THE City Council of the City of Newark that said public improvements on Cedar Boulevard and Cedar Court are hereby accepted.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby release the remaining Performance and Materials Bonds guaranteeing said improvements.

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Item  D. 4.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Administrative Analyst
SUBJECT    Adopt a resolution endorsing the Alameda County Home Together 2026 Implementation Plan to Address Homelessness.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution endorsing the Alameda County Home Together 2026 Implementation Plan to Address Homelessness.

EXECUTIVE SUMMARY
In 2021, the Governor signed AB140, which authorized $1 billion per year for Fiscal Years 2021-22 and 2022-23 for the Homeless Housing, Assistance, and Prevention (HHAP) Grant Program.

To receive funding applicants must submit a plan which outlines the agency’s goals and objectives in addressing homelessness. Alameda County has completed a draft plan called Home Together 2026 Implementation Plan and has requested all cities within the county pass a resolution endorsing the plan to include with their application to the state.

BACKGROUND
In 2021, the State of California allocated $1 billion in each year for Fiscal Years 2021-2022 and 2022-2023 for the Homeless Housing, Assistance and Prevention Grant Program (HHAP). This grant funding is available to the State’s thirteen largest Cities, Counties, and Continuum Care organizations. To receive funding applicants must submit a plan which outlines the agency’s goal and objectives in addressing homelessness. Alameda County Office of Homeless Care and Coordination has completed the draft application called Home Together 2026 Implementation Plan in collaboration with the Continuum of Care agency EveryOne Home.

To assist in the development of the plan, County staff participated in a technical advisory group of the Alameda County Conference of Mayors who reviewed and provided feedback on the plan from a city’s perspective. The County Board of Supervisors and Alameda County Conference of Mayors met several times to discuss and agree upon a Funding Framework for the plan. Alameda County has now requested that all cities within the County pass a resolution endorsing the plan to Packet Page 31
include in their application to the state.

DISCUSSION/ANALYSIS
The plan is a community-wide plan for Alameda County that lays out the goals, strategies and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through centering racial equity. The County’s plan identifies four core goal areas and system performance measures. The summary of the activities undertaken in the Plan are expected to result in:

An overall decrease in the number of people who experience homelessness; and A reduction in racial disparities within the homeless population to address the overrepresentation of African American, Native Americans, Multi-racial peoples, and Native Hawaiian/Pacific Islanders.

The Four Core Goal Areas and Strategic Objectives to address homelessness are:

1. Prevent Homelessness for our Residents
Address racial disparities in mainstream/upstream systems to prevent disproportionate inflow of African American into homelessness.

Focus resources for homelessness prevention on people most likely to lose their homes.

Rapidly resolve episode of homelessness though Housing Problem Solving.

Prevent racially disproportionate returns to homelessness.

2. Connect People to Shelter and Needed Resources
Provide neighborhood-based access where people are most likely to lose housing.

Lower programmatic barriers to crisis services such as prevention, problem solving and shelter.

Prevent discharge from mainstream systems to homelessness.

Significantly increase the availability of shelter, especially non-congregate models, to serve adults and families with children and to reduce unsheltered homelessness.

Provide accessible behavioral services to people with serious mental illness or substance use needs and who are unsheltered, in shelter, or in supportive housing.

3. Increase Housing Solutions
Add units and subsidies for permanent supportive housing.

Create units for frail seniors and others with more intensive health services.

Create dedicated affordable housing subsidies for people who do not need intensive services.

Create shallow subsidies for those who need more limited assistance.

Add new slots off rapid housing for those who can take over the full rent given time.

Ensure new housing funding is distributed according to need.

Reduce entry barriers to housing; ensure racial equity in referral and placements.

4. Strengthen Coordination, Communication, and Capacity Use data to improve outcomes and track racial equity impacts.

Improve messaging and information availability.

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Build infrastructure to support new and expanded programs.

The endorsement of this plan is a positive step in developing and implementing a plan to reduce homelessness in Alameda County. There is no financial or administrative obligation to the City by endorsing the Plan. The County’s Plan may also serve as a future framework for the City of Newark to develop a local plan to address the needs of Newark residents.

FISCAL IMPACT
There is no fiscal impact associated with this action.

REVIEW AND APPROVAL
Prepared by – Roya Gonzalez, Administrative Analyst
Reviewed by – Lenka Hovorka, Assistant City Manager
Reviewed by – Kristopher J. Kokotaylo, Interim City Attorney Approved by – David J. Benoun, City Manager
Attachments
HomeTogether Resolution
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ENDORSING THE ALAMEDA COUNTY HOME
TOGETHER 2026 IMPLEMENTATION PLAN TO ADDRESS

HOMELESSNESS
WHEREAS, The Home Together 2026 Implementation Plan (Home Together 2026) is a community-wide plan for Alameda County which lays out the goals, strategies, and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity; and
WHEREAS, on any given night over 8,000 people experience homelessness in Alameda County, a number that grows to approximately 15,000 people over the course of a year; and WHEREAS, more than 90% of households in Alameda County are adults without children, including nearly 10% who are between the ages of 18 and 24; and WHEREAS, dramatic racial disparities exist in Alameda County as in the nation as a whole, and the homeless population does not reflect the demographics of the country; and WHEREAS, in Alameda County, African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%); and WHEREAS, in Alameda County, Native Americans, multiracial people and Hawaiian Native/Pacific Islanders are all vastly overrepresented in homelessness, among those newly homeless and in the rate at which they return to homelessness even after getting into housing; and WHEREAS, Home Together 2026 builds and is informed by existing local and regional plans, including the 2020 Centering Racial Equity in Homeless System Design report (CRE), All Home Regional Action Plan, and Plan Bay Area 2050; and
WHEREAS, Home Together 2026 is also responsive to requirements laid out in the California Comeback Plan necessary to receive critical State housing and health funding; and WHEREAS, the homeless system modeling conducted in 2019-20 and updated in 2021 points to significant gaps in the current system in terms of both housing resources and program types; and
WHEREAS, only an estimated 36% of those experiencing homelessness can be supported by the current system’s resources or are able to find housing or leave homelessness on their own; and
WHEREAS, without significant effort and investment including prevention, shelter expansion, increasing housing solutions, and strengthening the system’s overall capacity, homelessness in Alameda County will continue to grow; and Packet Page 34
WHEREAS, the total estimated cost of needed investments over the coming five years to fully meet the need is $2.5 billion, including approximately $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable housing and permanent supportive housing, and $388 million for prevention, rapid rehousing and shallow subsidies; and WHEREAS, additional funding will be needed for the one-time development costs for new buildings; and
WHEREAS, to achieve the needed expansion level will take a significant investment of new resources; and
WHEREAS, there are anticipated increases in Federal and in State resources dedicated to expanding affordable housing and ending homelessness; and WHEREAS, there is still a significant gap that will need to be filled locally; and WHEREAS, in order to receive future funding made available through the County, Cities must endorse the Home Together 2026 plan and subsequently adopt their own Action Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newark endorses the Home Together 2026 Implementation Plan; and BE IT FURTHER RESOLVED, the City Council of the City of Newark acknowledges that to receive future funding made available through the County the City must align grants, programs, and services consistent with the Home Together 2026 framework.

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Item  D. 5.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT    Resolution authorizing the City Manager to execute a memorandum of understanding between the City of Newark and the Alameda County Department of Environmental Health to implement the SB1383 Edible Food Recovery Program

RECOMMENDATION
Staff recommends that the City Council, by resolution, authorize the City Manager to execute a memorandum of understanding with Alameda County Department of Environmental Health to implement the Edible Food Recovery Program required by SB 1383.

EXECUTIVE SUMMARY
California Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016 (SB 1383), has established aggressive targets to achieve a 75 percent reduction in the statewide disposal of organic waste beginning in 2025. To assist the City with meeting its requirements under SB 1383, Council adopted City Ordinance No. 533 on November 18, 2021. Ordinance No. 533 added Chapter 8.40, the Organics Reduction and Recycling Ordinance (ORRO) to the Newark Municipal Code. The ORRO authorized the Alameda County Waste Management Authority (WMA) to implement various aspects of SB 1383 on behalf of the City. Section 8.40.060 of the ORRO established requirements for Commercial Edible Food Generators (CEFGs). WMA has entered into a memorandum of understanding with the Alameda County Department of Environmental Health (ACDEH) to authorize ACDEH to conduct inspection and outreach at CEFGs within Alameda County that are currently pemitted and inspected by ACDEH. Adopting this resolution will allow the City to utilize the services of ACDEH to conduct inspection, outreach, and reporting related to SB 1383 CEFG requirements at facilities within the City.

BACKGROUND
California Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, is the most significant waste reduction regulation in the last 30 years. SB 1383 requires a 75% reduction in the disposal of organic waste and recovery for human consumption of 20% of the edible food that is currently disposed of by 2025. SB 1383 requires local jurisdictions to implement the following actions:

1. Provide organic waste collection services to all organic waste generators.

2. Procure recycled content paper and recovered organic waste products (e.g., Packet Page 36
compost and mulch) at levels prescribed by the State.

3. Perform education and outreach to all affected parties.

Establish required enforcement protocols that include a schedule of fines for non-compliance. Enforcement is required to start by January 1, 2024.

4. Implement an edible food for human consumption recovery program that recovers edible food that would otherwise be discarded.

5. The edible food for human consumption recovery program requires that all Tier 1 CEFG facilities, defined as grocery stores and supermarkets over 10,000 square feet, recover the maximum amount of surplus edible food that would otherwise be disposed of (as compost or landfill) to feed people starting on January 1, 2022. Tier 2 CEFG facilities, defined as a restaurant with over 250 seats or a facility of over 5,000 square feet, will need to implement an edible food recovery program starting on January 1, 2024. The City is required to ensure that all Tier 1 and Tier 2 facilities are implementing a compliant food recovery program.

DISCUSSION/ANALYSIS
There are eleven known Tier 1 CEFGs currently operating in the City. The number of Tier 2 facilities has not yet been determined. Both Tier 1 and 2 facilities are already permitted and inspected by ACDEH. The most efficient approach to conducting the required inspection and outreach at this time is by utilizing ACDEH inspectors. Under the terms of the memorandum of understanding, ACDEH will not charge the City for any inspections conducted during 2022. During 2022 ACDEH will determine its average cost per inspection. The cost per inspection is estimated to be between $174 and $348. The City will be notified in November 2022 of what the actual cost per inspection will be in 2023. If the City does not agree to the proposed cost, the City can opt out of the agreement at that time. Inspections of Tier 2 facilities will not begin until 2024.

FISCAL IMPACT
Under this memorandum of understanding the estimated total maximum cost to the City to cover expenses related to Alameda County Department of Environmental Health inspections of Tier 1 facilities for the next two fiscal years (2022/23 and 2023/24) is $10,000.  This amount will be included in the proposed 2022-2024 Biennial Budget and Capital Improvement Plan for future City Council consideration. Enforcement actions, if needed, and inspections of Tier 2 facilities would not begin until 2024. The costs associated with those efforts is not yet known. Staff will provide a proposed budget adjustment for those potential costs prior to the end of calendar year 2023.

REVIEW AND APPROVAL
Prepared by – James Scanlin, Environmental Services Manager Reviewed by – Soren Fajeau, Public Works Director
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Packet Page 37
Attachments
Resolution and MOU
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF NEWARK

AND THE ALAMEDA COUNTY DEPARTMENT OF

ENVIRONMENTAL HEALTH TO IMPLEMENT THE SB
1383 EDIBLE FOOD RECOVERY PROGRAM
WHEREAS, California Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 (which added Sections 39730.5, 39730.6, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code), took effect on January 1, 2017, setting Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, and requiring the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations to reduce organics in landfills as a source of methane; and WHEREAS, in November 2020, CalRecycle finalized the Short-lived Climate Pollutants Organic Waste Reductions Regulations (the SLCP Regulations) which establish the regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities which are contained in Title 14 of the California Code of Regulations (14 CCR); and WHEREAS, by January 1, 2022, all city, county, and special district jurisdictions that provide solid waste collection services are required to implement measures necessary to comply with the regulations; and
WHEREAS, the City of Newark (“City”) is an incorporated city within Alameda County; and
WHEREAS, the Alameda County Department of Environmental Health (ACDEH) is the local enforcement agency which oversees retail food programs in Alameda County for the protection of public health and safety. ACDEH inspects Retail Food Facility operations and issues permits to operate those facilities under the authority granted through the California Retail Food Code (California Health and Safety Code §113700 et seq.); and WHEREAS, the Alameda County Waste Management Authority (“WMA”) is a joint powers agency established by all the cities in Alameda County, the County, and two sanitary districts (the “Member Agencies” as more specifically defined below); and WHEREAS, the Joint Exercise of Powers Agreement for Waste Management (“JPA”) entered into by Member Agencies grants the WMA the power, duty, and responsibility to prepare, adopt, revise, amend, administer, enforce, and implement the County Integrated Waste Management Plan; and
WHEREAS, the WMA on July 28, 2021 adopted the Organics Reduction and Recycling Ordinance (“ORRO”) to implement various measures required by the SLCP Regulations, Packet Page 39

including regulation of commercial edible food generators, which will apply within the boundaries of any Member Agency that opts into the ordinance; and WHEREAS, City has adopted its own ordinance which opts into the WMA Organics Reduction and Recycling Ordinance to meet the SLCP Regulations; and WHEREAS, compliance with its responsibilities under the SB 1383 Regulations is the sole responsibility of City; however, a jurisdiction may designate a public or private entity to assist with fulfilling certain of its responsibilities under the SLCP Regulations; and WHEREAS, designations by a jurisdiction must be made through agreements such as MOUs with other jurisdictions, entities, regional agencies as defined in Public Resources Code Section 40181, or other government entities, including environmental health departments, or through contracts with haulers or other private entities; and WHEREAS, SLCP Regulation 14 CCR 18991.1 requires jurisdictions to implement edible food recovery programs and 14 CCR 18991.3 requires commercial edible food generators to recover the maximum amount of food that would otherwise be disposed; and WHEREAS, SLCP Regulation 14 CCR 18995.1(a)(2) requires jurisdictions to conduct inspections of commercial edible food generators for compliance with the food recovery regulations starting with Tier One facilities beginning on January 1, 2022 and for Tier Two facilities beginning on January 1, 2024; and
WHEREAS, SLCP Regulation 14 CCR 18984.10(c) requires that commercial businesses provide or arrange for access to their properties during all inspections conducted pursuant to the SLCP Regulations; and
WHEREAS, ACDEH currently permits and conducts routine inspections of certain commercial edible food generators which are Retail Food Facilities, and it would be efficient for ACDEH to also conduct the inspections for compliance with certain SLCP Regulations related to edible food recovery and provide services to assist in educating these facilities on edible food recovery; and
WHEREAS, WMA and ACDEH have entered an MOU discussing SB 1383 Edible Food Recovery, including tasks related to gathering and compiling information in areas of Alameda County related to the SLCP Regulations and may terminate or modify their agreement at any time, without consultation to City; however, WMA has agreed to provide notice of any termination to its Member Agencies; and
WHEREAS, for commercial edible food generators that are described as Tier One and Tier Two in the SLCP Regulations and have a current ACDEH issued Retail Food Facility permit, ACDEH is willing to provide services to City as set forth in this MOU; and WHEREAS, the City desires to authorize ACDEH to conduct inspections on its behalf at certain permitted Retail Food Facilities related to edible food recovery requirements as set forth in this agreement.

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NOW, THEREFORE, BE IT RESOLVED that the City and ACDEH agree:

A. DEFINITIONS
The following abbreviations and definitions shall apply to this MOU:

Alameda County means all of the geographical area located within the incorporated and unincorporated areas of Alameda County whereas “County of Alameda” or “County” refers to the public entity, a body corporate and politic of the State of California.

ACDEH means the Alameda County Department of Environmental Health.

City means the City of Newark.

City Boundaries means the area in which City is responsible for compliance with SB 1383 Regulations related to edible food (the geographical area in which the City is responsible for solid waste collection services). This does not include any portion of the City that is within the Oro Loma Sanitary District or Castro Valley Sanitary District.

Commercial Edible Food Generators (CEFG) has the same meaning as in the SLCP Regulations. If they have an ACDEH issued Retail Food Facility permit that is current at the time services are being provided pursuant to this MOU they are a Permitted CEFG.

Education Materials means the documents created and published by WMA related to the CalRecycle SLCP Regulations, the Federal Bill Emerson Good Samaritan Food Donation Act, California Good Samaritan Food Donation Act and other food donation resources. These include materials for general use as well as materials designed for CEFGs that are not in compliance with SLCP Regulations. In addition, City may create and distribute additional materials.

FRO&S means Food Recovery Organizations and Food Recovery Services as defined in the SLCP Regulation 14 CCR 18982.

Jurisdiction means the cities, county, and sanitary districts within the geographical boundaries of Alameda County that provide solid waste collection services. For areas that are in a sanitary district located within a city and/or the unincorporated County, the jurisdiction for purposes of this MOU is the sanitary district.

Member Agencies means the individual parties to the WMA JPA. Current member agencies are the County of Alameda; the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City; and the Castro Valley and Oro Loma Sanitary Districts. Each of the foregoing is a Member Agency.

Member Agency Jurisdiction means, for purposes of this MOU, the geographical area for which the Member Agency is responsible for solid waste collection services.

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Notice of Violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.

Permitted CEFG means a Commercial Edible Food Generator that has an ACDEH issued Retail Food Facility permit that is current at the time services are being provided pursuant to this MOU.

Retail Food Facility means a food facility as defined in the California Retail Food Code, located at Health and Safety Code (H&SC) §13700 et seq., which generally is an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption at the retail level (see H&SC §113789).

Retail Food Facility MOU means the MOU that a Member Agency and ACDEH enter into in which (1) ACDEH agrees to perform certain services related to SB 1383 Edible Food Recovery Requirements at Permitted CEFG facilities within that Member Agency’s Jurisdiction (the geographical area for which the Member Agency is responsible for solid waste collection services) and (2) the Member Agency designates and delegates authority to ACDEH to do so.

SB 1383 means Senate Bill 1383 Short-lived climate pollutants: methane emissions:
dairy and livestock: organic waste: landfills (Lara, Chapter 395 Statues of 2016).

SB 1383 Edible Food Recovery Inspection Report (SB 1383 EFR Inspection Report) means the form created by ACDEH, which may be amended from time to time in consultation with the WMA, that documents an inspection of a Permitted CEFG for compliance with the SLCP Regulations and may also be referred to as the SB 1383 EFR Report.

SLCP Regulations means the Short-lived Climate Pollutants: Organic Waste Reductions Regulations that were promulgated by CalRecycle pursuant to SB 1383, located in Title 14 of the California Code of Regulations, also referred to as the “SB 1383 Regulations” or “Organic Waste Reductions Regulations”.

Waste Management Authority (WMA) means the Alameda County Waste Management Authority that is a joint powers agency comprised of all the cities in Alameda County, the County, and two sanitary districts, which are the Member Agencies.

B. INSPECTIONS AND EDUCATION OF

PERMITTED COMMERCIAL EDIBLE FOOD GENERATORS

1. ACDEH Responsibilities. ACDEH shall perform SB 1383 Edible Food Recovery inspections and related services at Permitted CEFG facilities within City Boundaries as contained in the MOU. ACDEH services for Tier One Permitted CEFGs will begin on January 1, 2022 and for Tier Two Permitted CEFGs on January 1, 2024.

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2. SB 1383 Edible Food Recovery Inspection Report. ACDEH has created a template SB 1383 Edible Food Recovery Inspection Report form (SB 1383 EFR Report), which will be used to document the inspection of a Permitted CEFG within the City Boundaries.

3. Inspections, Education and Documentation.
a. Inspections. During ACDEH routine inspections conducted at a Permitted CEFG in City, ACDEH shall also conduct an inspection for compliance with the SLCP Regulations. ACDEH staff will document their observations using the SB 1383 EFR Inspection Report form.
b. Distribution of Education Materials and Technical Assistance. During routine inspections of a Permitted CEFG, ACDEH will:
i. Starting in 2022, provide Education Materials to the Permitted CEFG. ii. Starting in year 2023 and until December 31, 2023, provide Education Materials related to requirements with which, in the reasonable judgment of ACDEH staff, the Permitted CEFG does not appear to be in compliance. These may include (a) Education Materials prepared by the WMA and/or (b) providing the Permitted CEFG with a copy of the SB 1383 EFR Inspection Report as determined by ACDEH staff.
iii. During the routine inspections of Permitted CEFG, ACDEH staff will provide technical assistance to the Permitted CEFG related to the SLCP regulations, including standard food handling and operating procedures related to commercial edible food generators on safe food handling for food recovery and donations. ACDEH may also provide Educational Materials during any routine inspection.
c. Documentation for Member Agency and WMA
i. ACDEH staff will document the inspection on the SB 1383 EFR Inspection Report. The report will include the date and listing of Education Materials provided to the Permitted CEFG together with the name of the Permitted CEFG and identification of the food facility staff that accepted the Education Materials or a copy of the report.
ii. If there is any mass distribution of Education Materials through emailing, or other format such as general food permit correspondence, a notice will be provided to WMA and City. The notice will include a listing, or copy, of what was provided, the date it was provided, the manner it was distributed, and the list of recipients provided with the Education Materials. The copy of the materials may be provided by including WMA and a Member Agency on the distribution list.
iii. The SB 1383 EFR Inspection Reports from each Permitted CEFG will be provided to WMA and City by email in an electronic format. The Inspection Reports will be sent in batches and provided no less frequently than once a month
Packet Page 43

iv. Efforts will be made by ACDEH to create a summary report that can be utilized in Microsoft Excel (e.g., an Excel file or file that can be imported into Excel) or alternate format(s) agreeable to ACDEH and the City.

C. Wholesale Food Facilities and Food Recovery Organizations and Services Wholesale food facilities, food recovery organizations, and food recovery services are not permitted by ACDEH and ACDEH is not responsible for performing any SLCP Regulation related services or activities to or for wholesale facilities, food recovery organizations, and food recovery services. For any wholesale facilities, food recovery organizations, and food recovery within the City Boundaries that are also a Permitted CEFG, and for which ACDEH conducts any inspection, City will be notified and provided a copy of the SB 1383 EFR Inspection Report.

D. Complaints

1. Investigation. ACDEH will investigate any complaints received regarding non-compliance with SLCP Regulations by a Permitted CEFG in City Boundaries. The determination from the investigation and any follow up by ACDEH, such as providing Education Materials or technical assistance will be documented on a SB 1383 EFR Inspection Report form or another format that records information related to the complaint and provided to the City and WMA.

2. Referral. If ACDEH receives a complaint related to a facility not covered in paragraph 1 of this section, but located in City boundaries, ACDEH will refer the individual making the complaint to WMA and City and/or forward the complaint to the City and WMA.

3. Assistance. If requested, ACDEH staff will accompany City and/or WMA staff to investigate complaints at Permitted CEFG facilities within City Boundaries.

E. Enforcement Assistance to Member Agency

1. Record Keeping. ACDEH will document observations and forward the SB 1383 EFR Inspection Reports to City for recordkeeping pursuant to 14 CCR 18991.2, enforcement pursuant to 14 CCR 18995.4, and assessing penalties pursuant to 14 CCR 18997.2.

2. Responsibility. In accordance with 14 CCR Section 18981.2(c), City shall remain ultimately responsible for compliance with its responsibilities in the SLCP Regulations within City Boundaries.

3. Timing. 14 CCR 18995.4 requires that City take enforcement action on violations of SLCP Regulations beginning January 1, 2024. ACDEH is not and shall not be responsible for any enforcement actions required of City except as specifically set forth in this Retail Food Facility MOU.

4. Notices of Violation. Starting in January 2024, ACDEH will issue Notices of Violations to a Permitted CEFG, pursuant to Section 18995.4 (a)(1).

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a. ACDEH shall conduct follow up with the Permitted CEFG to verify compliance required by the Notice of Violation. The follow up may be conducted in person or virtually, through submission of pictures, documentation or other materials or methods.
b. ACDEH shall document compliance with the NOV or report that there has been failure to comply and provide relevant documentation to the City and WMA but is not responsible for any further enforcement actions.
c.

5. Testimony. If requested, ACDEH staff will be available for testimony in any enforcement action brought by WMA or City and any appeal proceedings. a. City will provide as much advance notice as possible for any hearing date. b. City will conduct at least one preparation meeting with any ACDEH staff that is needed to testify which, by mutual agreement, may be done in person, virtually or by telephone.

6. Responsibility. Other than the assistance identified in this MOU, City has full responsibility for its responsibilities in the SLCP Regulations, including but not limited to issuing any Notices of Violation, conducting compliance follow up, enforcement actions, due process, hearings, assessments, and collection of penalties, and/or other remedies.

F. Educational Materials and Webpage
Compliance with its responsibilities in the SB 1383 Regulations is the sole responsibility of City.

1. Creation. Creating and printing of Education Materials is the responsibility of the City. City will provide, or arrange for the provision of, printed copies of the Education Materials to ACDEH for distribution in accordance with this MOU.

2. Webpage. ACDEH will create and maintain a webpage with general information about SLCP Regulations, Edible Food Recovery, and a list of Food Recovery Organizations and Services (FRO&S) operating in Alameda County. City may request that ACDEH provide information specifically related to City (such as contact information), however, nothing in this agreement obligates ACDEH to include information on the webpage at the request of or specific to City.

G. Training
ACDEH shall provide training to its ACDEH inspectors who conduct Retail Food Facility inspections on the requirements of the SLCP Regulations, completing the SB 1383 EFR Inspection Report, handling complaints and issuing Notices of Violation.

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H. Costs

1. Starting with compliance inspections in 2022, ACDEH will track its time and costs spent on SB 1383 inspections and follow-up activities over the first year and then coordinate with WMA and Member Agencies to consider appropriate reimbursement moving forward after 2022, or as ACDEH or the City determines is needed. ACDEH will track the time that is spent on services and activities provided under this MOU and related activities. No reimbursement of time and costs will be required for services in 2022; however, City will be responsible for costs of services provided under this MOU and will coordinate with ACDEH for appropriate reimbursement from the Member Agencies beginning in 2023. City agrees to cooperate with this coordination and understands that as the entity responsible for compliance with SB 1383 Regulations in City Boundaries it is responsible for costs beginning in 2023. For purposes of clarification, City is responsible only for costs of services provided related to Permitted CEFGs that are within City Boundaries. City will be provided notice prior to any request for direct reimbursement.

2. Beginning on January 1, 2023, ACDEH will charge an average flat rate for each SB 1383 inspection of a Permitted CEFG (SB 1383 Inspection Cost). The flat rate will be based on the average time spent on SB 1383 inspection and technical assistance while at each Permitted CEFG, and the related administrative work such as uploading inspections results and providing report copies to Member Agencies and WMA during 2022. It is estimated that the average time will be one to two hours for a cost of $174.00- $348.00 per facility inspection. ACDEH will provide notice to Member Agencies and WMA on or prior to November 1, 2022 of the SB 1383 Inspection Cost and City will have until December 31, 2022 to provide notice if it wishes to terminate this MOU effective January 1, 2023. As NOV’s and enforcement are not required until 2024, the costs related to such work will be provided by ACDEH on or prior to November 1, 2023. Services related to issuing NOVs and providing testimony will be provided at the same hourly cost on which the inspection cost is based.

I. General Provisions

1. Term. This MOU is effective beginning on the date that both parties have executed the agreement (the Effective Date) and shall terminate on March 1, 2024, unless extended in writing or terminated early.

2. Termination. Except as provided in Section H.2., City may terminate this MOU with fortyfive (45) days written notice to ACDEH. ACDEH may terminate this MOU with forty-five (45) days written notice to City.

3. Conflict. In the event of any conflicts between this Retail Food Facility MOU with the MOU between WMA and ACDEH, this Retail Food Facility MOU shall control for services provided to City.

4. Compliance Responsibility. In accordance with 14 CCR Section 18981.2(c), each City shall remain ultimately responsible for compliance with its responsibilities in the SLCP Regulations within City Boundaries.

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5. Notice. All notices, requests, demands, or other communications under this MOU shall be in writing and provided by one of the following manners: (1) Personal delivery which shall be effective on delivery; (2) First Class Mail which shall be effective five calendar days after deposit in a United States Postal Service office or mailbox; (3) Certified Mail, return receipt requested, which shall be effective on receipt, if delivery is confirmed by a return receipt; or (4) Overnight Delivery, with charges prepaid or charged to the sender’s account, which shall be effective on delivery, if delivery is confirmed by the delivery service. Addresses for purpose of giving notice are as follows:

To ACDEH: Alameda County Department of Environmental Health 1131 Harbor Bay Parkway
Alameda, CA 94502
Attn: Director of Dept. of Environmental Health
To City: City of Newark
37101 Newark Boulevard
Newark, CA 94560
Attn: Environmental Services Manager
Any party may change its address by giving the other party notice of the change in any manner permitted by this MOU. Any notice by email is considered a courtesy notice but shall not be effective until provided by US mail, personal service, or overnight delivery.

6. Entire Agreement. This MOU, including the recitals, all attachments, exhibits, and any other documents specifically incorporated into this MOU, shall constitute the entire agreement between ACDEH and City relating to the subject matter of this MOU. This MOU supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The MOU may not be modified except by a written document signed by both parties. No supplement, amendment, or modification of this MOU shall be binding unless it is in writing and signed by authorized representatives of both parties.

7. Heading. Headings herein are for convenience of reference only and shall in no way affect interpretation of the MOU.

8. Severability. If a court of competent jurisdiction holds any provision of this MOU to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this MOU would be defeated by the loss of the illegal, unenforceable, or invalid provision.

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9. This MOU shall be governed and interpreted using the laws of the State of California. The venue of any suit filed by any party to this MOU shall be vested in the state courts of the County of Alameda. The pursuit by any party of any specific remedy shall not exclude any other remedy available to the party.

IN WITNESS WHEREOF, the parties have executed this MOU on the dates appearing below their respective signatures.

CITY OF NEWARK
By: ______________________________ Date: ____________________________ Name: ___________________________
Title: ____________________________
Approved as to Form:

By:_____________________________________
Jennifer Faught, Special Counsel

ALAMEDA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
By: ______________________________ Date: ____________________________ Name: ___________________________
Title: ____________________________
Approved as to Form:

Donna R Ziegler, County Counsel
By:_____________________________________
Kathleen Pacheco, Senior Deputy County Counsel
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Item  D. 6.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, 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 May 12 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 April 14, 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 April 14, 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 and sub-variants BA.2 and BA.2.12.1 have emerged, resulting in the greatest nationwide COVID-19 infection rate since the beginning of the COVID-19 pandemic. Currently, state and local officials strongly recommend wearing masks indoors.  State officials further recommend the use of masks when social distancing is not possible.

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 50
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; · The CDC recommends social distancing of at least six feet due to COVID-19, and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; · The Delta and Omicron variants of COVID-19 have 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.

FISCAL IMPACT
There is no direct fiscal impact of adopting this Resolution.

REVIEW AND APPROVAL
Prepared by –  Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
AB 361 Resolution May
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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 MAY 12 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 recommended measures to promote social distancing, or, requires that the legislative body Packet Page 52
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, in addition to Omicron sub-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 CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine. State and local officials currently strongly recommend wearing masks indoors and state officials further recommend the use of masks when social distancing is not possible; and
WHEREAS, because of the rise in cases due to the Delta and Omicron variant of COVID19, and now the Omicron sub-variant, 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, 2021, 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.

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

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, state and local officials continue to recommend wearing masks and physical distancing under certain circumstances, 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. 7.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT    Adopt a Resolution confirming the continued existence of a local emergency due to the COVID-19 Pandemic

RECOMMENDATION
Staff recommends that the City Council, by resolution, confirm the continued existence of a local emergency due to the COVID-19 Pandemic.

EXECUTIVE SUMMARY
The City Council ratified a proclamation of local emergency on March 17, 2020, as a result of the COVID-19 Pandemic. The local emergency was confirmed by the Council in accordance with State law on the following dates: May 14, 2020, July 9, 2020, September 2, 2020, October 22, 2020, December 10, 2020, January 28, 2021, March 25, 2021, May 13, 2021, June 24, 2021, July 22, 2021, September 9, 2021, October 28, 2021, December 9, 2021, January 27, 2022, and March 24, 2022.

City staff recommends that the City Council confirm the continued existence of the local emergency in order to mobilize resources, seek reimbursement of related expenditures, and provide immunity to governmental officials for certain acts. Extending the local emergency would also continue many of the City's temporary policies that were adopted in response to the pandemic, including the eviction moratorium, changes to the zoning code to allow outdoor business activities, and the 15% cap on fees charged by food delivery providers to our local restaurants.

BACKGROUND
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Newark Municipal Code Chapter 2.16.  The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of the novel coronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County.  On March 17, 2020, the City Council adopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.

Pursuant to State law (see Government Code Section 8630), any City Council that declares a local emergency must confirm the existence of the local emergency every Packet Page 55
sixty (60) days until the local emergency ceases.  Accordingly, the City Council adopted resolutions confirming the continued existence of the local emergency due to the COVID-19 Pandemic on the following dates: May 14, 2020, July 9, 2020, September 2, 2020, October 22, 2020, December 10, 2020, January 28, 2021, March 25, 2021, May 13, 2021, June 24, 2021, July 22, 2021, September 9, 2021, October 28, 2021, December 9, 2021, January 27, 2022, and March 24, 2022.

Various governmental agencies have declared an emergency as a result of the pandemic, including the President of the United States and the Governor of the State of California.  Many cities in California have likewise declared a local emergency and have continued to confirm the existence of the local emergency within the statutorily required 60 day time period.

DISCUSSION/ANALYSIS
The conditions that prompted the original declaration of a local emergency continue to exist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted.  Community transmission of COVID-19 continues to occur, and the number of total cases within Alameda County continues to rise.  Most recently, the “Omicron” variant, which is more easily transmitted, has led to an increase in COVID-19 cases within Alameda County.  The public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.

At the time of this writing (May 1, 2022) there have been 265,202 confirmed cases within the County, with 8,182 of those cases being Newark residents.  To date, there have been 1,889 deaths in our County that have been caused by COVID-19.

Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state, and federal agencies. This will also permit the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property and ensures that the City and its officials and employees are immune from liability when exercising their official duties during this emergency.

Further, many of the City’s temporary policies that were adopted in response to the pandemic in order to support the local economy are tied to the expiration of the local emergency.  This includes the eviction moratorium, the temporary zoning code changes to allow certain business to operate outdoors, and the 15% cap of fees charged by third party food delivery service providers to our local restaurants.  If the local emergency is not extended, then these policies would automatically be rescinded.

If adopted, the declaration of emergency will remain in place until the emergency conditions have ended.  However, the City Council will be required to continue to review the declaration at least every 60 days as indicated above.

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FISCAL IMPACT
There is no direct fiscal impact associated with adopting the accompanying resolution that extends the local emergency. However, the City will consider all options available to seek reimbursement for expenses through appropriate authorities.

REVIEW AND APPROVAL
Prepared by –  Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Continued Emergency Resolution
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1 RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK CONFIRMING THE CONTINUED EXISTENCE OF
A LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Newark Municipal Code Section

2.16.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Newark Municipal Code Section 2.16.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 17, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 14, 2020, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on July 9, 2020, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on September 2, 2020, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on October 22, 2020, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on December 10, 2020, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on January 28, 2021, the City Council adopted a resolution confirming the continued existence of the local emergency; and
WHEREAS, on March 25, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on May 13, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
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2 WHEREAS, on June 24, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on July 22, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on September 9, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on October 28, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on December 9, 2021, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on January 27, 2022, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on March 24, 2022, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals contained in Resolution No. 11031 adopted by the City Council on March 17, 2020, the recitals contained in Resolution No. 11048 adopted by the City Council on May 14, 2020, the recitals contained in Resolution No. 11100 adopted by the City Council on July 9, 2020, the recitals contained in Resolution 1111 adopted by the City Council on September 2, 2020, the recitals contained in Resolution No. 11127 adopted by the City Council on October 22, 2020, the recitals contained in Resolution No. 11145 adopted by the City Council on December 10, 2020, the recitals contained in Resolution No. 11166 adopted by the City Council on January 28, 2021, the recitals contained in Resolution No. 11177 adopted by the City Council on March 25, 2021, the recitals contained in Resolution No. 11197 adopted by the City Council on May 13, 2021, the recitals contained in Resolution No. 11219 adopted by the City Council on June 24, 2021, the recitals contained in Resolution No. 11244 adopted by the City Council on July 22, 2021, the recitals contained in Resolution No. 11252 adopted by the City Council on September 9, 2021, the recitals contained in Resolution No. 11265 adopted by the City Council on October 28, 2021, Packet Page 59
3 the recitals contained in Resolution No. 11281 adopted by the City Council on December 9, 2021, the recitals contained in Resolution No. 11305 adopted by the City Council on January 27, 2022, and the recitals contained in Resolution No. 11325 adopted by the City Council on March 24, 2022 are incorporated into this Resolution as if stated herein; and WHEREAS, while there has been progress in mitigating the spread of COVID-19, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. New variants of COVID-19 that are more easily transmissible, including the “Delta” and “Omicron” variants, have become more prevalent and present new risks; and
WHEREAS, as of December 20, 2021, the Omicron variant has been detected in most states and is rapidly increasing the proportion of COVID-19 cases it causes; and WHEREAS, the number of cases within Alameda County has continued to rise, and there are now 265,202 confirmed cases of COVID-19 within the County, and 1,889 deaths as of May 1, 2022; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Newark residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within the City of Newark due to COVID-19.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Newark hereby declares as follows:

1. The local emergency declared by Resolution No. 11031 due to the COVID-19 pandemic continues to exist within the City of Newark.

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4 2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Newark.

3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.

4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630.

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Item  D. 8.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT    Authorization for the City Manager to execute a purchase order and enter into an agreement with CentralSquare Technologies, Inc. for an update to the City's permit tracking software system and appropriation of $200,000 from American Rescue Plan Act (ARPA) funds to Capital Improvement Plan (CIP) Project 001296 - Permit Tracking System Software Upgrades

RECOMMENDATION
Staff recommends that the City Council, by resolution, authorize the City Manager to execute a purchase order and enter into an agreement with CentralSquare Technologies, Inc. for an update to the City's permit tracking software system, and appropriate $200,000 from American Rescue Plan Act (ARPA) funds to Capital Improvement Plan (CIP) Project 001296 - Permit Tracking System Software Upgrades.

EXECUTIVE SUMMARY
The City of Newark ARPA Recovery Plan designates $250,000 towards Community Development / Public Outreach software, with the intent being that many of the City's development services functions should be easily accessible to the public virtually as a result of the pandemic.  Staff has identified an upgrade to the City's existing permit tracking software system (called "TRAKiT"), which will make development activity operations for Building Inspection, Engineering, Planning, and Fire Prevention and for ongoing Community Preservation activities more accessible to the public.

In addition, there is a need for an immediate upgrade or replacement of the TRAKiT system, as the current system will be obsolete due to the discontinuation of Microsoft Internet Explorer.  Staff has evaluated various options and is recommending that an upgrade be completed to the latest version of TRAKiT, renamed "Community Development", provided by CentralSquare Technologies, Inc. Community Development would provide a vastly improved permit tracking system for the City with an updated user interface, cloud-based storage, and improved online accessibility to the public for all phases of development, all construction permitting, and community preservation activities.  The cost for this software upgrade is $200,000, including contingency, and American Rescue Plan Act funds are available for the purchase.

BACKGROUND
The City of Newark entered into a Contractual Software and Services Agreement and Packet Page 62
The City of Newark entered into a Contractual Software and Services Agreement and Software Maintenance and Support Agreement with CRW Systems, Inc. (now CentralSquare Technologies, Inc.) in 2014 to develop a comprehensive permit tracking software system, TRAKiT.  This software system has been in place and active since initial development in 2014-2015 and is an essential component for ongoing daily operations to aid in all phases of development services in Building Inspection, Engineering, Planning and Fire Prevention as well as Community Preservation activities.  City staff has identified a critical need to upgrade the current version of TRAKiT due to the pending discontinuation of Microsoft Internet Explorer as a viable web browser.   Staff has coordinated with CentralSquare Technologies, Inc. ("CentralSquare") to evaluate the best alternatives for the software upgrade.

In addition, the City of Newark ARPA Recovery Plan recognizes the need to promote virtual access for our residents, business owners, and developers in order to enhance customer service.  The Plan calls for $250,000 to be used towards these programs.

Staff is currently evaluating the use of these funds and, at this time, recommends that $200,000 of the $250,000 be applied towards TRAKiT.  Staff is also considering the use of other online platforms, such as "TextMyGov", to enhance virtual access to our local government.

DISCUSSION/ANALYSIS
The CentralSquare TRAKiT software system now runs under the title "Community Development."  This is a more robust version of TRAKiT that enables jurisdictions to have a configurable permit tracking system that helps automate all phases of development activity and community preservation.  Community Development offers a substantially improved user interface, elimination of many manual processes with improved automation on a single screen, improved mobile access to the system, more options for customization to meet specific work unit needs, and vastly improved access to relevant information for the City's customers through online access.  City staff members have tested the latest version of Community Development and found it to be very user-friendly and a substantial improvement from the current version of TRAKiT.

In order to maintain continuity with the investment in the current system and all accumulated data to date, staff from all departments that use TRAKiT recommend implementation of the Community Development upgrade from the City's current version of TRAKiT versus seeking an alternative permit tracking software system.

One distinct advantage of the upgrade to Community Development is that the system can be cloud-based.  The cloud-based version offers the following benefits:

In terms of the City's Strategic Goals and Strategies for improved public access and streamlining efficiencies for permitting, the cloud-based version of Community Development provides a vastly improved system to significantly improve customer service
The cloud-based version will provide a substantially improved and more efficient user-friendly interface for both staff and the public to review projects at any stage in the development cycle
Online access can be provided to all customers for real-time access to the current status of a given permit, plan review, development application, code enforcement case, etc.

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case, etc.

Improved online payment options will be added to streamline permit application processes and improve the overall customer service experience for users Connection to the system can be done from any location with internet access thus allowing field personnel from all work groups to have access from any device The cloud-based version will ensure that the most current version of the software is maintained, thus saving substantial staff time in scheduling upgrades and coordinating the upgrade process with the software vendor The necessary immediate upgrade of the permit tracking system is a must faster process for a cloud-based system compared to an on-premises version of the system.  Staff is concerned that the time necessary for an on-premises update will cause service interruptions or complete loss of access to TRAKiT due to missing the deadline for changing our web browser.

The quoted cost for the updated Community Development permit tracking system from CentralSquare is $158,300.  This includes all software and technical support costs to complete the software upgrade and integrate the permit tracking system with several other related software systems, including Laserfische, Bluebeam and the City's Enterprise Resource Planning system.  Licensing for up to 30 concurrent users will be provided.  Some additional programming scripts and upgrades for integration with other existing City systems, including the City's Business License Database, are still to be determined.  A budget contingency for those items is recommended in the amount of $41,700 to provide a total project budget of $200,000.

Staff recommends designating CentralSquare as a single source vendor for the permit tracking system software upgrades in order to ensure a seamless continuation of this critical system that was previously procured from the same vendor.  A Sole/Single Source justification form is attached.

FISCAL IMPACT
Capital Improvement Plan Project 001296 has been created for the Permit Tracking System Software Upgrades.  A budget amendment is required to appropriate $200,000 from American Rescue Plan Act (ARPA) funds, Fund 382, to this project (610.90.094.940.6220.CIP001296).  These ARPA funds were previously designated for information technology software and licensing purchases that improve access and service capabilities to the community.

REVIEW AND APPROVAL
Prepared by – Matthew Farrell, Chief Building Official
Reviewed by – Soren Fajeau, Public Works Director
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Resolution
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Product Quote
SingleSourceJustification
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWARK AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A PURCHASE ORDER

AND ENTER INTO AN AGREEMENT WITH CENTRAL
SQUARE TECHNOLOGIES, INC. FOR AN UPDATE TO

THE CITY OF NEWARK PERMIT TRACKING

SOFTWARE SYSTEM AND APPROPRIATION OF
$200,000 FROM AMERICAN RESCUE PLAN ACT

FUNDS TO CAPITAL IMPROVEMENT PLAN PROJECT
001296
WHEREAS, the City of Newark entered into a Contractual Software and Services Agreement and Software Maintenance and Support Agreement in 2014 with CRW Systems, Inc., now CentralSquare Technologies, Inc., for the procurement, development and implementation of TRAKiT, a permit tracking software system that has been utilized regularly by multiple departments for all phases of development activity, construction permits, and community preservation activities; and
WHEREAS, Capital Improvement Plan (CIP) Project 001296 – Permit Tracking Software System Upgrades, was created to upgrade the City’s permit tracking software system due to limitations of the existing version of the system; and
WHEREAS, it is desirable to maintain continuity of the accumulated data and all functions and processes in the existing permit tracking software system by utilizing CentralSquare Technologies, Inc as a single source vendor for the latest version of TRAKiT, now titled “Community Development,” which will provide the City with a significantly improved user interface, increased efficiency with processes, cloud-based storage of the system and all data, and full public online access for customers for all phases of development, permitting and community preservation activities; and
WHEREAS, the need for this continuity of the permit tracking software system and determination of CentralSquare Technologies, Inc. as a single source vendor is consistent with the City’s Purchasing Rules and Regulations; and
WHEREAS, City staff obtained a quote from CentralSquare Technologies, Inc. in the amount of $158,300 for the upgrade to the latest version of the permit tracking software system, including full integration with most related software systems; and WHEREAS, contingency in the amount of $41,700 for Project 001296 is recommended for additional integration with other systems, including the City’s Business License Database, and any other unanticipated increased costs for a total project budget of $200,000; and WHEREAS, American Rescue Plan Act funds previously designated for information technology software and licensing purchases to improve access and service capabilities to the community are available for the necessary permit tracking system software upgrade.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark authorizes the City Manager, or designee, to execute a purchase order and any necessary agreements, each in a form approved by the City Attorney, with CentralSquare Technologies, Inc. for an update to the City’s permit tracking software system; and BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves the appropriation of $200,000 from American Rescue Plan Act funds from Fund 382 to Capital Improvement Plan Project 001296 in the 2020-2022 Biennial Budget and Capital Improvement Plan for fiscal year 2021-2022 as follows:

From:

Description Account Amount
American Rescue Plan Act 382. 3000 $200,000
To:

Description Account Amount
CIP Project 001296- 610.90.094.940.6220.CIP001296 $200,000 Permit Tracking Software
System Upgrades
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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

May 05, 2022
Quote prepared by:

Sherri Melton
[email protected]
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare.com.

WHAT SOFTWARE IS INCLUDED?
_____

PRODUCT NAME QUANTITY UNIT PRICE TOTAL

1. Bluebeam Server API for TRAKiT Annual
Access Fee 1 2,100.00 2,100.00

2. Community Development: Advanced
Annual Subscription Fee SaaS 30 1,900.00 57,000.00

3. TRAKiT Laserfiche API Annual Access
Fee 1 1,200.00 1,200.00

4. TRAKiT-Finance Web API Annual
Access Fee 1 1,200.00 1,200.00
Software Total 61,500.00 USD
WHAT SERVICES ARE INCLUDED?
_____

DESCRIPTION TOTAL

1. Community Development: Advanced SaaS Subscription Cloud Setup Fee 10,000.00

2. Public Administration Consulting Services - Fixed Fee 16,770.00

3. Public Administration Data Conversion Services - Fixed Fee 15,210.00

4. Public Administration Development Services - As Incurred 13,500.00

5. Public Administration GIS Services - Fixed Fee 15,600.00

6. Public Administration Project Management Services - Fixed Fee 17,745.00

7. Public Administration Technical Services - Fixed Fee 8,190.00

8. Public Administration Training Services - Fixed Fee 8,580.00 Services Subtotal 105,595.00 USD
Discount - 8,795.00 USD
Quote #: Q-95631
Primary Quoted Solution: Community Dev
Quote expires on: July 24, 2022
Quote prepared for:

Angela Montez
City of Newark
37101 Newark Boulevard
Newark, CA 94560
(510) 578-4284
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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

May 05, 2022
Quote prepared by:

Sherri Melton
[email protected]
Services Total 96,800.00 USD

QUOTE SUMMARY
_____
Software Subtotal
61,500.00 USD
Services Subtotal
105,595.00 USD
Quote Subtotal 167,095.00 USD
Discount - 8,795.00 USD
Quote Total 158,300.00 USD
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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

May 05, 2022
Quote prepared by:

Sherri Melton
[email protected]
WHAT ARE THE RECURRING FEES?
_____

TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 61,500.00
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant purchase agreement.

This Quote is not intended to constitute a binding agreement. The terms herein shall only be effective once incorporated into a definitive written agreement with CentralSquare Technologies (including its subsidiaries) containing other customary commercial terms and signed by authorized representatives of both parties.

BILLING INFORMATION
_____
Fees will be payable within 30 days of invoicing.

Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.

The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.

Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.

For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.

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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

May 05, 2022
Quote prepared by:

Sherri Melton
[email protected]

PURCHASE ORDER INFORMATION
_____
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.

PO Number:
_______________________________________
Initials:
_____________________________________________
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Sole /Single Source Justification
BAO
Rev -, March 2019
DATE: 5-5-2022 NAME OF REQUESTOR: Soren Fajeau
REQUESTING DEPARTMENT: NAME OF VENDOR: CentralSquare Technologies, Inc.

DESCRIPTION OF ITEM: Permit Tracking
Software System Upgrades, Capital Improvement
Plan Project 001296 for an upgrade of the
TRAKiT system to the latest version, now titled,
“Community Development”
Single Source:

A Single Source is one of the multiple sources that are capable of producing the desired item(s). It is the one source that is selected without competition for compelling and justifiable reasons. *Refer to Resolution 9816 Sole Source:

A Sole Source is the only source available that is capable of producing the desired item(s) because of exclusive control of patent rights, copyrights, proprietary processes, etc. or similar circumstances.

JUSTIFICATION:

Only known supplier. (List of the suppliers which were contacted below and the specific reasons why each was not a viable source).

Only known qualified supplier or item. (List the qualifications that each source or items meet. If another supplier offers a similar item, provide the item identification, supplier information and comparable pricing).

Supplier proprietary item. (The selected supplier is the only manufacturer of this item. List the reasons why no substitute item can be used and if no similar item is available).

Government or Customer Directed. (Provide a copy of the contract page which directs this source or a customer letter, or memo or e-mail specifically directing this source).

Continuation of an ongoing service or an addition to a critical system already procured from that supplier. (List the reasons why it would not be cost effective (provide a minimum of 3 quotes) and/or schedule effective and/or technical risk mitigation prudent to procure with another supplier for this procurement).

A continuation of the existing software system, including all accumulated data, for a cloud-based upgraded version is needed to provide continuous, ongoing service to the community for all development, permitting and community preservation activities.

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BAO
Rev -, March 2019
JUSTIFICATION: (Provide written explanation, technical reasoning and/or evidence of the claim. Use additional sheets if necessary.) (See prior page)

I CERTIFY THAT STATEMENTS CHECKED, AND INFORMATION PROVIDED ABOVE, ARE COMPLETE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT THE PROCESSING OF THIS SOLE/SINGLE SOURCE JUSTIFICATION PRECLUDES THE USE OF FULL AND OPEN COMPETITION.

REQUESTOR
SIGN:

PRINTED NAME: Soren Fajeau
DATE: 5-5-2022

PURCHASING OFFICER
SIGN:

PRINTED NAME:

DATE:

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Item  D. 9.

DATE 05/12/2022
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT    Approval of an amendment to Resolution No. 10,416 to revise the Personnel Rules and Regulations by changing the authority of approving class specifications from the City Council to the City Manager or Personnel Officer.

RECOMMENDATION
Staff recommends that the City Council approve an amendment to Resolution No. 10,416 to revise the Personnel Rules and Regulations by changing the authority of approving class specifications from the City Council to the City Manager or Personnel Officer.

EXECUTIVE SUMMARY
The Personnel Rules and Regulations require that any changes to the classification plan be approved by City Council. This includes administrative actions such as approving a class specification (job description) each time one is created, deleted or revised. To relieve City Council of these administrative actions that are more appropriately performed at a staff level, staff recommends the City Council allow the City Manager or Assistant City Manager to approve the creation or deletion of class specifications, and the Personnel Officer (Human Resources Director or designee) to approve revisions to class specifications.

BACKGROUND
On February 28, 1963, the City Council established Personnel Rules and Regulations (Resolution No. 942) and a Classification Plan (Resolution No. 943). Though both the Rules and Plan have been updated several times since adoption, Rule III Classification of the Personnel Rules and Regulations has not been updated since adopted in 1963.

Rule III sets personnel regulations for employee class specifications (job descriptions), Classification Plan changes, allocation of positions, and reclassifications. The Classification Plan includes a list of job titles for City of Newark full-time or regular part-time employees and their corresponding class specifications.

DISCUSSION/ANALYSIS
Each time a class specification is created, deleted or revised, the City Council must Packet Page 74
Each time a class specification is created, deleted or revised, the City Council must approve these changes to the Classification Plan. As class specifications are job descriptions for each non-temporary position the City may employ, creating or revising these documents is considered an administrative action and not a policy decision.

Class specification changes are typically approved by a City's Human Resources Director and/or City Manager.

Staff recommends that the City Council transfer approval authority for Classification Plan changes as follows:

City Manager or designee is authorized to approve the creation or deletion of class specifications
Personnel Officer or designee is authorized to approve revisions to existing class specifications
Attached as Exhibit A is a red-lined copy of the Personnel Rules and Regulations, showing the proposed revisions to Rule III Classification (pages 5-6).

FISCAL IMPACT
There is no fiscal impact as this action requests a process change only.

REVIEW AND APPROVAL
Prepared by – Lenka Hovorka, Assistant City Manager
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Personnel Rules and Regulations proposed revisions
Personnel Rules and Regulation Resolution
Packet Page 75

CITY OF NEWARK

PERSONNEL RULES

AND REGULATIONS
Resolution No. 3513 as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/98), No. 6844 (1/94), No. 7164 (2/96), No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15).

Exhibit A
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TABLE OF CONTENTS

PERSONNEL SYSTEM RULES AND REGULATIONS

RULE 1 Purpose and Definitions 1
RULE II General Provisions
Section 1 - Memorandum of Understanding 3
Section 2 - Violation of Rules 4
Section 3 - Application of Rules 4
Section 4 - Outside Employment 4
Section 5 - Conflict of Interest due to Personal Relationships 4 Section 6 - Amendment of Rules 4
RULE III Classification
Section 1 - Preparation of Plan 4
Section 2 - Adoption of Plan 5
Section 3 - Allocation of Positions 5
Section 5 - Reclassification 5
Section 6 - Amending the Classification Plan 5
RULE IV Compensation
Section 1 - Preparation of Plan 6
Section 2 - Approval of Compensation Levels 6
Section 3 - Only Authorized Compensation 6
Section 4 - Oath of Office 6
RULE V Applications and Applicants
Section 1 - Announcement of Examination 6
Section 2 - Minimum Qualifications 7
Section 3 - Application Forms 7
Section 4 - Disqualification 7
RULE VI Examinations
Section 1 - Nature and Types of Examinations 7
Section 2 – Promotional Examinations 8
Section 3 - Scoring 8
Section 4 - Notification of Examination Results 8
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RULE VII Eligible List
Section 1 - Establishment 9
Section 2 - Types of Eligible Lists 9
Section 3 - Duration of Eligible List 9
Section 4 - Removal of Name from Eligible List 10
Section 5 - Alternate Eligible List 10
RULE VIII Appointment
Section 1 - Appointment Authority 11
Section 2 - Appointment from Eligible List 11
Section 3 - Promotional Appointments 11
Section 4 - Regular Full-time Appointment 12
Section 5 - Regular Part-time Appointment 12
Section 6 - Temporary Appointment 12
Section 7 - Exempt Service Appointment 13
Section 8 - Emergency Appointment 13
RULE IX Probationary Period
Section 1 - Objective 13
Section 2 - Duration 14
Section 3 - Rejection Following Promotion 14
Section 4 - Extension of Probationary Period 14
RULE X Attendance and Leaves
Section 1 - Annual Vacation Leave 14
Section 2 - Sick Leave 16
Section 3 - Military Leave 17
Section 4 - Leave of Absence Without Pay 17
Section 5 - Attendance 18
Section 6 - Holidays 18
Section 7 - Bereavement Leave 19
Section 8 - Jury Duty 19
RULE XI Compensation Adjustments
Section 1 - Application of Compensation Rates 19
Section 2 - Advancement 20
Section 3 - Anniversary Date 20
Section 4 - Withholding Advancement 20
Section 5 - Promotion 21
Section 6 - Demotion 21
Section 7 - Reclassification 21
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RULE XII Transfer, Promotion, Demotion, Reduction-in-pay, Suspension and Reinstatement
Section 1 - Transfer 21
Section 2 - Promotion 22
Section 3 - Demotion and Reduction-in-pay 22
Section 4 – Suspension 22
Section 5 - Attachment of Wages 22
Section 6 - Reinstatement 23
RULE XIII Separation from the Service
Section 1 - Dismissal 23
Section 2 - Resignation 23
Section 3a - Layoff 23
Section 3b - Work Schedule Reductions 23
Section 4 - Personnel Reduction Procedures 24
RULE XIV Training of Employees
Section 1 - Responsibility for Training 32
Section 2 - Credit for Training 32
RULE XV Evaluations
Section 1 - Evaluations 32
RULE XVI Reports and Records
Section 1 - Roster Cards 32
Section 2 - Change-of-status Report 33
Section 3 - Destruction of Records 33
Section 4 - Attendance 33
Section 5 - Accident Reports 33
RULE XVII Cooperation
Section 1 - Cooperation of Municipal Officers and Employees 33 RULE XVIII Administrative Regulations
Section 1 - City Manager 33
Section 2 - Departmental Regulations 34
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Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 1 CITY OF NEWARK

PERSONNEL SYSTEM RULES AND REGULATIONS
RULE I

PURPOSE AND DEFINITIONS

RULE I-A PURPOSE
The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government.

These rules set forth in detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the Competitive Service of the City.

At the same time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that no two individuals react alike to reward and discipline or to uniform motivation and encouragement. For this reason, considerable latitude shall be given to the Personnel Officer in the execution of his duties and responsibilities relating to employee morale and discipline.

RULE I-B DEFINITION OF TERMS
The terms used in these Rules shall have the same meaning as defined below:
(a) Advancement: a salary increase within the limits of a salary range established for a classification.
(b) Allocation: the assignment of a single position to its proper classification in accordance with the duties performed and the authority and responsibilities exercised.
(c) Anniversary Date: the date an individual employee uses to compute eligibility for salary advancement or other change in status, as established in the provisions of these Rules.
(d) Candidate: an applicant participating in an examination.

Packet Page 80
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 2 (e) Classification: a position or group of positions with duties and responsibilities so similar that the same title, example of duties, qualifications, and salary range can be applied with equity. (f) Close Relative: husband, wife, son, daughter, sister, brother, mother, father, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law.
(g) Competitive Service: the positions specified in the Personnel Ordinance as being in the competitive service.
(h) Demotion: the change in status of an employee from a position in one classification to a position in a different classification having a lower maximum rate of salary.
(i) Eligible List: a list of names of persons who are eligible for appointment to a particular classification pursuant to the Personnel Ordinance and Rules. (j) Examination: any test or combination of tests used to measure particular qualifications or abilities of applicants for a position. (k) Exempt Service: the positions, officials, and employees generally not subject to the provisions of the Personnel Ordinance and the Personnel Rules and the resolutions adopted pursuant thereto, as set forth in the Personnel Ordinance.
(l) Permanent Employee: an employee who has successfully completed the probationary period and has been retained as provided in these Rules. (m) Personnel Ordinance: City of Newark, California Ordinance No. 77 which creates a personnel system for the City.
(n) Probationary Period: a working, on-the-job test period during which an employee is required to demonstrate fitness for the duties of the position to which the employee was appointed by actual performance of the duties of the position.
(o) Promotion: the change in status of an employee from a position in one classification to a position in a different classification having a higher maximum rate of salary.
(p) Reclassification: the change in allocation of an individual position in one classification to another classification, on the basis of significant change in the kind or difficulty of duties and responsibilities of the initial position.

Packet Page 81
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 3 (q) Reduction: a decrease in salary, within the salary range established for classification.
(r) Regular Part-Time Appointment: an appointment to a position that is scheduled to work less than the standard work week for a full-time employee but not less than 20 hours per week on a year-round continuous basis for an unspecified period of time.
(s) Reinstatement: the re-employment of a former permanent employee from the competitive service.
(t) Seniority: an employee's accumulated time spent in active service to the City, during which the employee was maintained on the City payroll, excluding that time spent on leave of absence as provided in these Rules. (u) Suspension: the temporary separation of an employee from the service without salary for disciplinary purposes.
(v) Temporary Appointment: an appointment of a person to a position for a limited period of time. Temporary appointments may be for a limited term not to exceed six (6) months per fiscal year, casual term not to exceed 1000 hours per fiscal year, or an extended term not to exceed three years.

Temporary employees are exempt from competitive service of the City. (w) Transfer: the change in status of an employee from one position in a classification to another position in the same or a different classification having essentially the same salary range, requiring the performance of similar duties, and the same basic qualifications.
(x) Working Day: a day during which the employee is or would have been regularly scheduled to report to work.

RULE II

GENERAL PROVISIONS
Section 1 MEMORANDUM OF UNDERSTANDING
In the event that any provisions of these Rules concerning matters within the scope of representation as set forth in the Employer-Employee Relations Ordinance No. 115 of the City of Newark, California, conflict with any provisions in any Memorandum of Understanding approved by the City Council and in effect between the City and a formally recognized employee organization, the terms of the Memorandum of Understanding shall prevail.

Packet Page 82
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 4 Section 2 VIOLATION OF RULES
Violations of the provisions of these rules shall be grounds for dismissal, rejection, suspension, or other disciplinary action.

Section 3 APPLICATION OF RULES
Unless specified in the content, these Rules shall be applied to all positions and employees in the competitive service of the City of Newark.

Section 4 OUTSIDE EMPLOYMENT
No member of the competitive service shall accept or continue employment from other than the City of Newark without specific approval of the Personnel Officer. The Personnel Officer may approve outside employment where he/she finds it creates no substantial conflict with the City of Newark employment. Members of the competitive service employed on the effective date of this resolution shall have 60 days within which to comply with the resolution.

Section 5 CONFLICT OF INTEREST DUE TO PERSONAL RELATIONSHIP A close relative of any member of the City Council or any board or commission or the City Manager shall no be appointed to any position with the City. An application for employment of any member or close relative of any members of the City Council or any board or commission shall not be accepted until the end of one year following the termination of service of that member of the City Council, board or commission.

No person shall be appointed to or transferred into any department of the City where such action would compromise supervision or reduce the effectiveness of an internal audit procedure due to the relationship of the individuals involved.

Section 6 AMENDMENT OF RULES
Amendments and revisions shall become effective upon adoption of a resolution by the City Council.

RULE III

CLASSIFICATION
Section 1 PREPARATION OF PLAN
The Personnel Officer, or a person or agency employed, retained or contracted with for that purpose, shall ascertain and record the duties and responsibilities of all positions in Packet Page 83
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 5 the competitive service and all other positions he deems they deem it desirable to include, and after consultation with heads of departments affected, shall recommend a classification with heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service and any other positions the Personnel Officer deems it desirable to include defined by class responsibilities of positions in each class, the probationary period, a statement of the training, experience and other qualifications to be required of applicants for positions in each class. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply equitably under like working conditions to all positions in the same class.

Section 2 ADOPTION OF PLAN
Before the classification plan or any part thereof shall become effective, it shall first beThe Classification Plan was established and approved in whole or in part by the City Council on February 28, 1963 (Resolution No. 943) and became effective March 11, 1963. Upon adoption by the Council, by resolution, tThe provisions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires in the same manner as originally established.

Section 3 ALLOCATION OF POSITIONS
Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the competitive service to one of the classes established by the plan.

Section 4 NEW POSITIONS
No person shall be appointed or employed to fill any position until the classification plan shall have been amended to provide therefore and an appropriate employment list has been established for such position.

Section 5 RECLASSIFICATION
Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Personnel Officer to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassification shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

Section 6 AMENDING THE CLASSIFICATION PLAN
Packet Page 84
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 6 The City Council Manager or designee may create new classes, and revise or abolish existing classes. The Personnel Officer or designee may revise existing classes.

RULE IV

COMPENSATION
Section 1 PREPARATION OF PLAN
The Personnel Officer or the person or agency employed, retained or contracted with for that purpose shall prepare a compensation plan covering all classes of positions in the competitive service and any other positions he/she deems it desirable to include not covered by Memorandum of Understanding as provided in City of Newark Ordinance No. 115 establishing a system for Employer-Employee Relations. This plan shall cover the minimum and maximum rates of pay, employee benefits payable, and hours of work for the classifications covered.

Section 2 APPROVAL OF COMPENSATION LEVELS
The City Council shall by adoption of a resolution implement a compensation plan for positions not represented by a recognized bargaining unit or arrived at through meeting and conferring with recognized bargaining units as specified under Ordinance No. 1165, specifying the compensation levels for all positions in the competitive and exempt service of the City of Newark. No position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the compensation level is amended by a subsequent City Council resolution.

Section 3 ONLY AUTHORIZED COMPENSATION
No member of the competitive service shall accept anything of value for the performance of his/her official duties and acts or other acts performed while at work for the City of Newark except compensation duly authorized by the City Council.

Section 4 OATH OF OFFICE
No compensation shall be paid any employee who has not executed or affirmed an oath of office.

RULE V

APPLICATIONS AND APPLICANTS
Section 1 ANNOUNCEMENT OF EXAMINATION
When necessary to establish an eligibility list, the Personnel Officer shall prepare a job announcement which shall specify the position title, nature of duties, minimum Packet Page 85
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 7 qualifications, rate of compensation, application procedure, and other pertinent information. Suitable and effective methods of distributing information relative to job openings to secure the most qualified candidates available for competition shall be practiced.

Section 2 MINIMUM QUALIFICATIONS
The minimum qualifications established by the Personnel Officer in recruitment for a position in the competitive service shall be those shown for the classification in the Classification Plan.

Section 3 APPLICATION FORMS
Applications shall be made on the forms provided by the Personnel Officer. Such forms shall require information regarding training, experience and other information pertinent to the position to be filled. All applications must be signed by the person applying, and applications shall be given to any person requesting one.

Section 4 DISQUALIFICATION
The Personnel Officer shall reject any applicant before, during, or after examination for the following reasons:
(a) Indication on the face of the application that the applicant does not possess the minimum qualification required for the position. (b) False statement of material fact or actual or attempted deception, fraud or misconduct in connection with the application or examination. (c) Failure to file the application with the Personnel Officer prior to the expiration of the application deadline.

Whenever an application is rejected, notice of such rejection with statement of reason for the rejection shall be mailed to the applicant. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired.

RULE VI

EXAMINATIONS
Section 1 NATURE AND TYPES OF EXAMINATIONS
The examination process shall be impartial, of a practical nature, and shall relate to those subjects which in the opinion of the Personnel Officer fairly measure the relative Packet Page 86
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 8 capacities of persons examined to execute the duties and responsibilities of the position to which they seek appointment.

In examining persons for positions in the competitive service, promotional, open, and continuous examinations may be used when practical and consistent with the best interest of the service.

Examinations shall consist of selection techniques which test fairly the qualifications of candidates, such as but not necessarily limited to achievement and aptitude tests, other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests except as limited by applicable State law. The probationary period shall be considered as an extension of the examination process.

Section 2 PROMOTIONAL EXAMINATIONS
Candidates for promotional examinations must possess minimum qualifications required for the new position. Only competitive service employees or former employees who were subject to layoff within the last 24 months who meet the requirements set forth in the promotional examination announcements may compete in the promotional examination.

Promotional examinations may include the types of tests listed in Section 1 of this Rule, evaluations of actual performance appraisals of promotional potential, and accomplishments of the candidate in special training courses.

Section 3 SCORING
The Personnel Officer shall establish the lowest qualifying score on individual tests or the entire examination in accord with the needs of the service. The Personnel Officer may include as part of the examination tests which are qualifying only.

Failure in any one part of the examination may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of the examination, if such fact is stated in the examination announcement.

The overall scoring of an examination shall be in accord with the method of scoring specified in the examination announcement.

Section 4 NOTIFICATION OF EXAMINATION RESULTS
Each candidate in an examination shall be given written notice of the results thereof.

Packet Page 87
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 9 RULE VII

ELIGIBLE LIST
Section 1 ESTABLISHMENT
The Personnel Officer shall prepare and maintain eligible lists consisting of the names of candidates who qualified in the examination.

Section 2 TYPES OF ELIGIBLE LISTS
Eligible lists shall be of three types:
(a) Open Lists. These lists consist of eligibles who have successfully competed in an examination open to any person.
(b) Promotional Lists. These lists consist of City employees or former employees who were subject to layoff within the last 24 months who have successfully competed in a promotional examination.
(c) Reinstatement Lists. These lists consist of persons who have been separated from service as the result of a reduction in work force (lay-off).

Refer to Rule XIII, Section 4 for information pertaining to the reinstatement list.

Section 3 DURATION OF ELIGIBLE LISTS
Open eligible lists shall remain in effect for a period of six (6) months, nine (9) months or twelve (12) months as determined by the Personnel Officer unless sooner exhausted or abolished. Eligible lists may be extended prior to their expiration date by action of the Personnel Officer for an additional period, more than once, up to a maximum of two (2) years.

Open eligible lists created as the result of continuous examinations shall remain in effect for a period of six (6) months, nine (9) months, or twelve (12) months as determined by the Personnel Officer, but no longer than twelve (12) months after the last administration of an examination, unless sooner exhausted or abolished. Names placed on continuous examination lists shall remain on the list for a period of time as determined by the Personnel Officer not to exceed twelve (12) months.

Promotional eligible lists shall remain in effect for twelve (12) months and may be extended prior to their expiration date by action of the Personnel Officer for an additional period of six (6) or twelve (12) months up to a maximum of two (2) years.

Packet Page 88
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 10 Whenever there are fewer than five (5) candidates willing to accept appointment on an open eligible list, the Personnel Officer may abolish that list and establish a new open eligible list.

Section 4 REMOVAL OF NAME FROM ELIGIBLE LIST
This section applies to open and promotional lists only. Refer to Rule XIII, Section 4 for information pertaining to reinstatement lists.

Names of candidates may be removed from an eligible list by the Personnel Officer for any of the following reasons:
(a) Upon written request of the candidate
(b) Upon evidence that the candidate cannot be located by postal authorities at the address provided by the candidate.
(c) Failure of the candidate to respond to a written inquiry within the designated time.
(d) Failure to accept an offer of appointment.
(e) Termination of an employee whose name is on a promotional eligible list. (f) Failure of background investigations or polygraph examinations. (Polygraph examinations are used for certain public safety positions only.) (h) Appointment from the eligible list to a regular full-time status position. (i) Failure to pass the medical examination or psychological examination following a conditional offer of employment.

Section 5 ALTERNATE ELIGIBLE LIST
If a vacancy exists in a class for which there is no reinstatement list, open eligible list, promotional eligible list, or there are less than three candidates available on an open or promotional eligible list, the Personnel Officer may prepare an appropriate eligible list for the class from one or more existing eligible lists. For this purpose, the Personnel Officer shall select eligible lists for classes for which minimum qualifications and examinations are similar to or higher than those required for the class in which the vacancy exists.

Packet Page 89
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 11 RULE VIII

APPOINTMENT
Section 1 APPOINTMENT AUTHORITY
If a position vacancy in the competitive service is to be filled, the department head shall notify the City Manager in the manner prescribed. If the vacancy is to be filled and there is no reinstatement list, the City Manager shall decide whether to fill the vacancy by transfer, demotion, appointment from a promotional or an open eligible list, or any other type of appointment available.

Section 2 APPOINTMENT FROM ELIGIBLE LIST
When it is the decision of the City Manager to fill a position vacancy by appointment from an eligible list, and there is no reinstatement list for the position classification, the Personnel Officer shall certify an open or promotional eligible list to the department head. The names of candidate will appear alphabetically under a qualification category based on final examination scores. The Personnel Officer shall determine the appropriate grouping of candidates under qualification categories based on final examination scores. The appointing authority may appoint any eligible candidate on an open or promotional list regardless of rank or final score.

An eligible may request to be waived from consideration for a particular vacancy for reasons satisfactory to the Personnel Officer. Satisfactory reasons may include but are not limited to medical, family leave, or completion of education or a specialized training program. If the reasons for the request for waiver are not approved by the Personnel Officer, then the eligible's name shall be removed from the eligible list. Waivers must be filed in writing with the Personnel Officer.

Section 3 PROMOTIONAL APPOINTMENTS
An employee who leaves a position to accept appointment to another classification shall be permanently separated from the position formerly held by him or her; provided, however, that any such employee, at the discretion of the Personnel Officer, within the probationary period, upon request and with approval of the department or departments concerned, may be reinstated in any vacancy in the same division and class from which he or she was separated. This section shall not preclude an employee from displacing an employee in the lower class from which the employee was promoted in the event of a reduction in work force provided the displacing employee has seniority rights over the employee in the lower classification. (Refer to Rule XIII, Section 4) Packet Page 90
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 12 Section 4 REGULAR FULL-TIME APPOINTMENT
Appointments to an authorized position budgeted on a full-time basis, 40 hours-a-week (or a full-time schedule equivalent), shall be made from an appropriate eligible list and shall be subject to the approval of the City Manager. Employees appointed on this basis shall be included in the competitive service of City employment, shall serve a probationary period, and shall receive all rights and benefits outlined in personnel policy documents and appropriate memoranda of understanding.

Section 5 REGULAR PART-TIME APPOINTMENT
Appointments to authorized positions budgeted and regularly scheduled for 20 hours or more per week (or a half-time or more schedule equivalent) but for less than 40 hours per week (or a full-time schedule equivalent) on a year-round continuous basis for an unspecified period of time, shall be made from an appropriate eligible list and shall be subject to the approval of the City Manager.

Regular part-time employees appointed from an eligible list may be considered for appointment to a regular full-time position in the same classification subject to the approval of the City Manager. Service time earned as a regular part-time employee will be considered in calculating City seniority provided that the part-time service is contiguous with the full-time appointment.

Section 6 TEMPORARY APPOINTMENT
There are three types of temporary appointments:
(a) Limited Term: Appointment to a part-time or full-time position established with a regular fixed schedule for a duration of six months or less. Such appointment may be extended an additional six months for a total temporary employment period not to exceed twelve months upon the approval of the City Manager.
(b) Extended Term: Appointments authorized by the City Manager to work on a special project that has a limited duration or to positions budgeted under a special grant or funding source that is separate from the City's base operating budget. Continued employment shall be dependent on the availability of work associated with a specific project and/or the continuation of special funding. Extended temporary employees shall be appointed from an eligible list and shall not exceed three years. (c) Seasonal and Casual: Appointments to work on a sporadic, irregular, or temporary basis and part-time employees who work less than 20 hours Packet Page 91
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 13 per week on a continuous basis shall be designated as temporary and their employment shall not exceed 1000 work hours per fiscal year.

Temporary employees shall be designated as exempt and may be terminated from employment with the City at any time and for any reason or for no reason at all.

Temporary employees receive no insurance or leave benefits except those mandated by law.

Employees appointed on an extended temporary basis to a full-time position in the competitive service for a period of more than twelve months shall receive the same benefits as full-time employees in the same classification.

No special credit shall be allowed for service rendered under a temporary appointment except as provided in memoranda of understanding. Employees serving a temporary appointment shall be exempt from tenure, disciplinary proceedings, transfer, and removal provisions of these rules and from provisions regarding probation.

Section 7 EXEMPT SERVICE APPOINTMENT
The City Manager shall appoint, discipline, or dismiss persons in temporary, part-time, intermittent, seasonal or CETA employment with the City of Newark. Exempt employees may be terminated with or without cause or notice, at any time, at the will of the City in its sole discretion. Such action shall not be made in accord with the formal provisions of these rules or the personnel ordinance.

Section 8 EMERGENCY APPOINTMENT
To meet the immediate requirements of an emergency condition such as an extraordinary fire, flood, or earthquake, or which threatens public life or property, any legally competent officer or employee may employ such persons as may be needed for the duration of the emergency without regard to the Personnel Ordinance or Rules affecting appointment. As soon as possible, such appointment shall be reported to the Personnel Officer.

RULE IX

PROBATIONARY PERIOD
Section 1 OBJECTIVE
The probationary period shall be regarded as an intrinsic part of the examination process and shall be utilized for closely observing the employee's capability for performing the duties of the position. A probationary employee whose performance does not meet the required standards shall be terminated. A person who has Packet Page 92
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 14 completed the probationary period as prescribed for his/her classification shall assume regular status in the competitive service.

Section 2 DURATION
All appointments to positions in the competitive service shall be subject to a probationary period. The regular probationary period shall be six (6) months but longer periods may be specified in individual classification descriptions and shall apply to all positions in that classification.

Section 3 REJECTION FOLLOWING PROMOTION
Any employee rejected for failure to meet the requirements of the position during the probationary period following a promotional appointment shall be re-instated to the position from which he/she was promoted unless disciplinary charges are filed and the employee is discharged from the competitive service.

Section 4 EXTENSION OF PROBATIONARY PERIOD
If a probationary employee is on leave of absence for more than thirty (30) calendar days, the probationary period of that employee shall be extended for a period commensurate with the length of the leave of absence.

RULE X

ATTENDANCE AND LEAVES
Employees in the competitive service and the City Manager shall be entitled to leaves as follows:

Section 1 ANNUAL VACATION LEAVE
The purpose of annual vacation leave is to enable each eligible employee annually to return to his work mentally and physically refreshed. Vacation leave shall be provided under the following conditions:
(a) Employees who have served less than six (6) months with the City shall receive no vacation except that after completion of six (6) months the employee shall receive credit for the first six (6) months in service of the City.
(b) The following annual vacation leave entitlement shall be provided:
(1) Eligible employees who have served less than five (5) years with the City of Newark shall earn vacation entitlement as follows:

Packet Page 93
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 15 (a) Positions in the classifications of Firefighter and Fire Captain - 12 hours per month.
(b) Position in the classifications of Police Officer and Police Sergeant - 7.5 hours per month.
(c) All other positions - 6.67 hours per month.
(2) Eligible employees during their fifth year of employment with the City of Newark shall earn vacation entitlement as follows:
(a) Positions in the classifications of Firefighter and Fire Captain - 18 hours per month.
(b) Positions in all other classifications - 10 hours per month. (3) Eligible employees during their fifteenth year of employment with the City of Newark shall earn vacation entitlement as follows:
(a) Positions in the classifications of Firefighter and Fire Captain - 24 hours per month.
(b) Positions in all other classifications - 13.34 hours per month. (c) No vacation may be taken before it is earned except that a vacation may be commenced and taken where the total vacation will have been earned as of the final day of vacation, in the case of eligible personnel, where one or more municipal holidays fall during a vacation, which such eligible personnel would otherwise be entitled to such holiday, the vacation shall be extended by the number of holidays that fall during the vacation. (d) Vacations must be taken during the year following the date on which the employee completed accumulation of one full year of vacation credit except that the Personnel Officer may approve accumulation of more than one year's entitlement upon finding that such accrual does not adversely affect the needs of the service. The times at which an employee shall take his vacation shall be determined by the department head who, in so doing, shall give due regard to the desires of the employee and particular regard to the needs of the service.
(e) When an employee is terminated, he shall receive a lump sum payment for accrued vacation credits. For purposes of calculating the payment due the Packet Page 94
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 16 employee, service shall be rounded off to the nearest month, giving the employee credit for a whole month where a half month or more is due and eliminating service credit of less than half a month. No such payment shall be made for vacation accumulated contrary to the provisions of these rules. (f) For the purposes of determining the rate of vacation credits, only eligible continuous service with the City of Newark shall be considered. However, a valid leave of absence without pay of less than 30 days shall have no effect on vacation credits. No vacation credits shall accrue during an authorized leave of absence without pay of more than 30 days.
(g) No former employee is entitled to vacation pay by reason of this rule. (h) No employee or future employee shall accrue vested rights by reason of the adoption of this resolution or by reason of service after the adoption of this rule. The City Council reserves the right to alter the policies herein, even though such action may alter the amount of "earned" vacation credits of an employee.

Section 2 SICK LEAVE
The purpose of sick leave is to allow employees who are ill or injured to remain absent from work with pay, within the limitations of this section. (a) Sick leave is granted to an employee to recover from illness or injury so as to be physically able to return to work.
(b) Sick leave is expressly not for the purpose of personal business, illness of other members of the family, bereavement leave, or any other purpose other than recovery from illness or injury.
(c) Sick leave with pay may be granted by the Personnel Officer at the rate of one work day for each calendar month of service. Employees shall accumulate unused sick leave at the rate of 12 work days a year to a total of not more than 120 days, except employees classified as Management under Ordinance No. 115 shall accumulate unused sick leave to a total of not more than 180 work days. One 24-hour work shift in the Fire Department shall be deemed two work days for the purposes of this section.
(d) In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or other competent authority as soon as practicable, preferably prior to the time set for beginning his daily duties. He must submit to the Personnel Officer application for sick leave showing such Packet Page 95
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 17 information as required by the Personnel Officer. Such applications shall be factually correct. The Personnel Officer may make such investigations as he feels necessary and may require supplemental information from the employee.
(e) Where an employee receives workers' compensation salary continuation benefits, and where sick leave is approved, the City shall pay the employee his full salary excluding therefrom the employee's workers' compensation benefits. The employee's sick leave entitlement shall be charged on a pro rata basis.
(f) With the adoption of this resolution, employees shall be credited with accumulated sick leave they had accrued as of the date of its adoption. (g) Employees who have served less than six months with the City of Newark shall receive no sick leave except that after completion of six months the employee shall receive credit for the six months of service in the City.

Section 3 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the department head an opportunity within the limits of military regulations to determine when such leave shall be taken.

Section 4 LEAVE OF ABSENCE WITHOUT PAY
Leaves of absence without pay may be granted as follows:
(a) Human Resources will grant leaves of absence without pay upon the request of eligible employees in accordance with mandated protected leaves including Military Leave (USERRA), Pregnancy Disability Leave (PDL), the Family and Medical Leave Act (FMLA), and the California Family Rights Act (CFRA).
(b) Human Resources will grant maternity leave with and/or without pay for up to a total of nine months in duration (including time covered by protected leaves) when the employee applies for such leave stating the intention to return to work and provides appropriate medical certification verifying the pregnancy. The nine months of maternity leave includes time off during PDL, FMLA, and CFRA and is not in addition to covered protected leave. (c) Department heads may grant unprotected leaves of absence without pay upon the request of the employee for any purpose not contrary to the best interest of the City where such leave does not adversely affect the needs of Packet Page 96
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 18 City services, does not extend for more than seven consecutive calendar days, and does not occur in frequency more than twice in any calendar year. (d) The City Manager may grant a leave of absence upon request of the employee and with the recommendation of the Department Head to extend up to one year beyond protected leaves, where such leave would not unduly affect the needs of City services, and that such leave would be of benefit to the City.
(e) Employees may request to keep a combined total of one week (up to forty hours depending on work schedule) of vacation/general leave and/or compensatory time off (CTO) subject to department head approval. The request must be made when requesting a leave of absence without pay for use after returning from leave.

Section 5 ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for discharge.

Notice shall be given to the employee at his/her address as shown on his/her personnel record by U.S. mail postage prepaid, return receipt requested.

Section 6 HOLIDAYS
Employees except emergency service personnel in the Police and Fire Department shall observe the following legal holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Admission Day, Labor Day, Armistice Day, Thanksgiving Day, the day following Thanksgiving Day, the last work day before Christmas, Christmas. When a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the preceding Friday shall be observed.

Emergency service personnel in the Police and Fire Department whose work hours are assigned without regard to municipal holidays shall receive as compensation in-lieu of holidays an amount equal to 4.62 percent of his/her regular pay, which in-lieu amount shall be paid each pay period. The in-lieu compensation factor of 4.62 percent shall not be applied and added to any payment for overtime worked or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an emergency service employee in the Police and Fire Departments, except his/her regular pay.

Packet Page 97
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 19 Section 7 BEREAVEMENT LEAVE
Bereavement leave with pay may be granted by the department head with approval of the Personnel Officer where that has been a death of a close relative of an employee in order that the employee may attend last rites and attend to any pressing matters resulting from the death. Such leave shall be no longer than necessary and shall not in any case extend more than five working days, unless the Personnel Officer approves an extension due to unusual circumstances.

Section 8 JURY DUTY
A full-time employee summoned to jury duty shall inform his/her supervisor, after receipt of such summons, and if required to serve, may be absent from duty with full salary.

Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, who are summoned to jury duty and required to serve, may be absent from duty with pay as follows:

Work Schedule Pay
20 - 25 work hours per week 4 hours of pay per day
30 - 35 work hours per week 6 hours of pay per day
Any jury duty fees other than mileage and subsistence received by the employee shall be remitted to the City.

RULE XI

COMPENSATION ADJUSTMENTS
Section 1 APPLICATION OF COMPENSATION RATES
Employees occupying a position in the competitive service shall be paid a compensation within the range established for that position's class under the Compensation Plan as provided by Rule V. The minimum rate for the class generally shall apply to employees upon original appointment. However, the Personnel Officer may, when circumstances warrant it, appoint at other than the first step. Officers and employees re-employed after layoff shall receive a rate within the range established for the class which reflects his/her relative position within the range at time of separation from the competitive service.

Packet Page 98
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 20 Section 2 ADVANCEMENT
No compensation advancement shall be made so as to exceed the maximum compensation rate established in the Compensation Plan for the class to which the employee's position is allocated. Advancement shall not be automatic, but shall depend upon increased service value of an employee to the City based on performance evaluations completed by his/her supervisor.

Employees whose pay is specified in a five-step pay range are eligible to be advanced to higher steps as merited by progressive improvement in job skills and work performance. The following time and step requirements shall apply before an employee gains eligibility for advancement in pay.

Step Time-In-Step Required
1 (at appointment)
2 6 months at Step 1
3 12 months at Step 2
4 12 months at Step 3
5 12 months at Step 4
When an employee demonstrates outstanding performance of his/her duties, that employee may be advanced in pay prior to completion of the above time in step requirements.

If an employee is on leave of absence without pay for more than 30 days, the time on leave shall be deducted from the employee's accumulated time in step requirement.

Section 3 ANNIVERSARY DATE
Each employee shall have an anniversary date of the first of the month as follows:

Employees appointed, promoted, reappointed, advanced in salary or otherwise the subject of a change in status, on or between the first and fifteenth day of the month inclusive, shall have the first day of that month as their anniversary date; employees appointed, promoted, reappointed, advanced in salary or otherwise the subject of change in status on or after the sixteenth and the last day of the month inclusive shall have the first day of the month immediately following as their anniversary date.

Section 4 WITHHOLDING ADVANCEMENT
Supervisors and their superiors have the authority and responsibility to recommend against an advancement in pay to the Personnel Officer if that advancement is not merited. Supervisors shall keep their employees informed about their job performance.

Good work should be given proper recognition. Deficient work should be clearly Packet Page 99
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as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 21 communicated to an employee as soon as practical with an offer of guidance and assistance toward improvement.

Section 5 PROMOTION
When an employee is promoted, the employee shall receive the first step in the salary range for the new position. However, if such step is equal to or less than the present salary, that employee may receive the next step in the salary range of the new position which is immediately above the present salary. If the salary range does not have steps, the employee shall be given a minimum increase of 5% in base salary.

When an employee who has been promoted is rejected for failure to meet the requirements of the position during the probationary period, that employee's salary shall revert to the same step or position in the salary range of the position prior to promotion.

Section 6 DEMOTION
When an employee is demoted for other than disciplinary reasons, that employee shall be placed at a salary step or position in the salary range in the new lower classification which is closest to the salary rate held prior to demotion.

Section 7 RECLASSIFICATION
When a position is reallocated to a classification with a higher salary range, an incumbent employee's salary shall be placed at the step or position in the new range closest to his/her present salary rate. In no case shall the employee be placed at a step or rate lower than present salary.

When a position is reallocated to a classification with a lower salary range, the incumbent employee shall continue at present salary rate and carry forward an anniversary date of his/her advancement to that salary rate. If the present salary rate of an incumbent employee exceeds the maximum step of the new range, that employee's salary shall be reduced to the maximum step of the new range.

RULE XII

TRANSFER, PROMOTION, DEMOTION, REDUCTION-IN-PAY

SUSPENSION AND REINSTATEMENT
Section 1 TRANSFER
The Personnel Officer may transfer an employee from one position to another position in the same or comparable class. Transfer shall not be used for the purpose of avoiding Packet Page 100
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 22 the provisions of the personnel ordinance in these rules in regard to a promotion, demotion, advancement, or reduction. No person shall be transferred to a position for which he/she does not possess the minimum qualifications.

Section 2 PROMOTION
Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established.

If the position classification provides that a vacancy could be filled by an open competitive examination instead of a closed promotional examination, the Personnel Officer shall have the discretion to conduct an open competitive examination.

Section 3 DEMOTION AND REDUCTION-IN-PAY
The Personnel Officer may demote an employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. Demotion may be made to a vacant position as a substitution of layoff. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. The procedure utilized to effect the demotion shall be in accordance with applicable state law.

The Personnel Officer may, within the limits of the pay range established for the position reduce in pay an employee whose performance of his/her required duties falls below standard, or for disciplinary purposes. The procedure utilized to effect the reduction in pay shall be in accordance with applicable state law.

Section 4 SUSPENSION
A department head may suspend any employee at any time for a period of not to exceed five working days in one suspension or more than ten working days in any calendar year. The Personnel Officer may suspend an employee at any time for a period of time for a period of time not to exceed 30 working days in any calendar year.

A Fire Department shift shall be considered two working days. The procedure utilized to effect the suspension shall be in accordance with applicable state law.

Section 5 ATTACHMENT OF WAGES
An employee in the competitive service or exempt service shall be charged the City's total administrative cost for processing any attachment of wages. Such charge shall be deducted from the employee's pay check from the City.

Packet Page 101
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 23 Section 6 REINSTATEMENT
With the approval of the Personnel Officer, an employee who has resigned with a good record may be reinstated within two years to his former position, if vacant, or to a vacant position in a class where he/she held permanent status.

RULE XIII

SEPARATION FROM THE SERVICE
Section 1 DISMISSAL
An employee in the competitive service may be dismissed by the City Manager.

Department heads may be dismissed by the City Manager subject to the approval of the City Council. The procedure utilized to effect a dismissal shall be in accordance with applicable law.

Section 2 RESIGNATION
An employee wishing to leave the competitive service in good standing shall file with his/her supervising official, at least two weeks before leaving the service, a written resignation stating the effective date. The resignation shall be forwarded to the Personnel Officer. The resignation of an employee who fails to give notice shall be reported to the Personnel Officer by the department head immediately.

Section 3a. LAYOFF
The City Manager may lay off an employee or employees in competitive service because of material change in duties or organization or shortage of work or funds. In making such layoffs, the Personnel Reduction Procedure shall be utilized.

Section 3b. WORK SCHEDULE REDUCTIONS (REDUCTIONS IN WORK HOURS) IN LIEU OF LAYOFF1
For Management, Confidential and NAME employees, work schedules may be reduced in lieu of layoffs. The number of work schedule reductions and the amount of each reduction will be limited to the minimum needed to achieve budget reductions within each department and are not intended to affect the majority of the workforce.

When regular full-time positions are reduced, first consideration will be given to 30 to 35 hour weekly work schedules. Reductions from regular full-time to regular part-time 1 All references to work schedule reductions and rule/procedures regarding work schedule reductions in Rule XIII, Sections 3 and 4 apply to NAME, Management and Confidential employees.

Packet Page 102
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 24 schedules of 20 to 25 hours per week will be limited to situations in which 30 to 35 hour work weeks do not meet budgetary needs. Work schedule reductions also include the reduction of regular part-time schedules of 30 to 35 hours per week to regular part-time schedules of 20 to 25 hours per week. The Personnel Reduction Procedure shall be utilized in administering work schedule reductions in lieu of layoff.

Section 4 PERSONNEL REDUCTION PROCEDURE
The Personnel Reduction Procedure shall be used whenever it becomes necessary to lay off a regular full-time or regular part-time employee from the competitive service or to reduce a limited number of employee work schedules in lieu of layoff because of shortage of work or funds, substantive change in duties or organization, curtailment or elimination of a public service activity, reorganization, or for other reasons. (a). Notification
This procedure shall apply to regular full-time, regular part-time and probationary employees. Notice of layoff or work schedule reduction in lieu of layoff shall be given to the affected employee and the employee association (or employee group) representing the employee at least thirty (30) calendar days prior to the effective date of layoff or work schedule reduction. The layoff notice or notice of work schedule reduction in lieu of layoff shall include a statement that the employee may have displacement rights.
(b1) Order of Layoff
The order of layoff shall be by classification within a department. In each classification in which a layoff is to occur, employees in the classification within the department shall be laid off in the following order:
(1) Temporary employees
(2) Probationary employees
(3) Regular employees in the order specified in subsection (c) and (d). (b2) Order of Work Schedule Reduction in Lieu of Layoff The order of work schedule reduction in lieu of layoff shall be by classification within a department. In each classification in which such a work schedule reduction is to occur, employees in the classification within the department shall be subject to work schedule reduction as specified in subsection (c) and (d).

Packet Page 103
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 25 (c) Order of Layoff and Work Schedule Reduction in Lieu of Layoff for Regular Full-Time Employees
In any case in which there are two or more regular full-time employees in a full-time classification from which a layoff or work schedule reduction in lieu of layoff is to be made, the order of layoff or reduction shall be that the regular full-time employee with the least seniority in the classification within the department shall be laid off or subject to work schedule reduction first.

The order of layoff or reduction for regular full-time clerical employees shall be that the employee with the least seniority in the classification shall be laid off or subject to work schedule reduction first, regardless of department assignment.
(d) Order of Layoff and Work Schedule Reduction in Lieu of Layoff for Regular Part-Time Employees
In any case in which there are two or more regular part-time employees in a regular part-time classification from which a layoff or work schedule reduction in lieu of layoff is to be made, the order of layoff or reduction shall be that the regular part-time employee with the least seniority in the classification within the department shall be laid off or subject to work schedule reduction first. The order of layoff or reduction for regular part-time clerical employees shall be that the employee with the least seniority in the classification shall be laid off or subject to work schedule reduction first, regardless of department assignment. (Clerical employees shall be specifically defined as Administrative Support Specialist I, II and Senior, Administrative Assistant, Executive Assistant, and Public Safety Clerk and Senior Public Safety Clerk.)
(e) Seniority
(1) For the purpose of a reduction in work force, seniority includes all periods of regular full-time, regular part-time, and probationary service at or above the classification level where layoff, displacement or work schedule reduction in lieu of layoff is to occur and time served on military leave from the City. Seniority for regular part-time employment shall be prorated based on authorized work schedule. Periods of time during which an employee was on leave of absence without pay shall not be included in the calculation of seniority. For the purpose of layoff only, employees represented by NAME shall include as service time an employee's unpaid absence up to one year resulting from layoff or industrial injury.

Packet Page 104
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 26 (2) For the purpose of layoff only, an employee in a higher classification shall have seniority rights over other employees in the next lower job classification in a classification series provided that the employee previously held regular full-time status in the lower classification. (Classification series shall be defined as a specific classification with different levels of complexity identified as a I, II, III or senior level, e.g.

Administrative Support Specialist I, Administrative Support Specialist II and Senior Administrative Support Specialist.)
(3) Employees appointed to regular part-time status on or before July 1, 1991 shall count service time in similar classifications prior to their regular part-time appointment when calculating job classification seniority.
(4) Regular full-time employees in a higher classification within a sworn police or fire career ladder shall have seniority rights over other employees in the next lower job classification in the career ladder provided that the employee previously held regular full-time status in the lower classification. (Career ladder shall be defined as the normal progression from an entry level position through the ranks of supervisor and management within a specific occupational group such as the sworn police career group or firefighter career group.) (5) Temporary and acting appointments to a classification shall not be construed as service in such classification.
(6) Whenever the effective date of appointment to a classification is the same for two or more employees, the date of appointment to the department, adjusted for unpaid leaves, shall be used to determine which employee has greater length of service within the classification.

If classification and department seniority are the same, the original date of hire with the City, adjusted for unpaid leaves, shall be used to determine seniority.
(7) Whenever the appointment date to a classification and the original date of hire with the City are the same for two or more employees, the highest overall score achieved on the eligibility list shall be used to determine who has the higher seniority. If scores are equal or unavailable, the determination of seniority shall be by lottery. (f) Displacement
A regular-full time and promotional probationary employee may displace (bump) employees within the same department (for purposes of layoff, Packet Page 105
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 27 Department shall be defined as those organizational units described as departments in the current year's budget) based on the following criteria:
(1) Regular full-time and promotional probationary employees shall have the right to displace (bump) employees in a lower full-time classification within the same department provided the employee previously held regular full-time status in the lower classification. An employee in a clerical classification shall have the right to displace an employee in a lower level (lower in salary range) clerical classification in which they once held regular status in any department. (2) Regular part-time and promotional probationary employees shall have the right to displace (bump) employees in a lower part-time classification within the same department provided the employee previously held regular part-time status in the lower classification. An employee in a clerical classification shall have the right to displace an employee in a lower level (lower in salary range) clerical classification in which they once held regular part-time status in any department.

Regular part-time employees who were subject to work schedule reduction in lieu of layoff that previously held regular full-time status for six consecutive months shall have the right to displace (bump) employees in a lower part-time or full-time classification within the same department (or in any department for clerical classifications) provided the employee previously held regular status in the lower classification.
(3) A regular full-time and promotional probationary employee shall have the right to displace (bump) a regular part-time employee in the same class or lower classification in the classification series within the same department (for clerical classes regardless of department) if the regular full-time employee has more seniority within the classification series. A regular part-time employee has no rights to displace a regular full-time employee unless the regular part-time employee was subject to work schedule reduction in lieu of layoff and previously held regular full-time status for six consecutive months. Classification seniority for regular part-time employees shall be prorated based on authorized work schedule.
(4) A regular full-time employee hired directly into a higher job classification in a classification series may displace an employee in a lower classification within the classification series if the regular full-time employee has more seniority within the classification series than the Packet Page 106
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 28 employee occupying the lower level class. (Refer to Section (e)(2) for definition of classification series.)
A regular part-time employee who was subject to work schedule reduction in lieu of layoff who previously held regular full-time status for six consecutive months and who was hired directly into a higher job classification in a classification series may displace an employee in a lower classification within the classification series if the regular parttime employee has more seniority within the classification series than the employee occupying the lower class. (Refer to Section (e)(2) for definition of classification series).
(5) Displacement rights afforded an employee shall include access to those classifications in which the employee has previously served but which may since have been retitled but where, as determined by the City, no substantive changes have been made in the duties or qualifications for the classification(s) in question.
(6) An alternative to layoff would be a voluntary demotion to a lower vacant classification. If a vacant position exists, the City Manager shall have the discretion to demote an employee to such position. To qualify for such a demotion, the employee must be fully qualified, trained, and capable of performing all work in the lower position as determined by the City. The salary assignment shall be based on the City's assessment of the employee's level of qualification within the lower level position salary range.

An alternative to layoff would be a voluntary work schedule reduction by a regular full-time employee in a classification identified for layoff or reduction by a department (or in any department for clerical classifications). The City Manager shall have the discretion to approve or deny such voluntary work schedule reductions. The Personnel Reduction Procedure for Work Schedule Reductions in Lieu of Layoff will apply to approved voluntary work schedule reductions as an alternative to layoff.
(7) Current regular full-time and part-time employees who have successfully completed probation by March 31, 2011, as a Building Mechanic II, Equipment Mechanic I, Equipment Mechanic II, Landscape and Park Maintenance Worker I, Landscape and Park Maintenance Worker II, Senior Building Mechanic, Senior Equipment Mechanic, Senior Landscape and Park Maintenance Worker, or Street Maintenance Worker II and who meet the minimum qualifications for Laborer shall have the right to displace (bump) employees in the Packet Page 107
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 29 Laborer classification. This displacement right is in addition to other displacement rights that may exist in accordance with Rule XIII, Section 4(f).

Current regular full-time and part-time employees who have successfully completed probation by March 31, 2011, as a Building Mechanic II, Equipment Mechanic I, Equipment Mechanic II, Landscape and Park Maintenance Worker II, Senior Building Mechanic, Senior Equipment Mechanic, Senior Landscape and Park Maintenance Worker, or Street Maintenance Worker II who meet the minimum qualifications for Landscape Inspector shall have the right to displace (bump) employees in the Landscape Inspector position. This displacement right is in addition to other displacement rights that may exist in accordance with Rule XIII, Section 4(f).
(g) Request For Displacement and Determination of Salary In order to displace to a former classification, an employee must request such action in writing to the Personnel Department within seven calendar days of receipt of notice of layoff or work schedule reduction in lieu of layoff.

An employee returning to a former classification shall be assigned to the step in the salary range for the lower classification that is closest to but does not exceed the employee's current rate of pay. In no case shall the salary be increased above that received by the employee in the class from which the employee is laid off.
(h) Reinstatement List
(1) Order The names of persons laid off, displaced due to bumping, or subject to work schedule reduction in lieu of layoff in accordance with the Personnel Reduction Procedure shall be entered upon a Reinstatement List in the inverse order in which the layoff or reduction occurred. There shall be separate lists for regular full-time and regular part-time classifications. Lists from different times for the same classification shall be combined into a single list.

The names of persons subject to work schedule reductions in lieu of layoff shall be placed on a reinstatement list for full-time status or an increased work schedule in the same classification.
(2) Duration Names of persons laid off from their appointed position, displaced due to bumping, or subject to work schedule reduction in lieu of layoff shall be carried on a Reinstatement List for two years except that persons appointed to regular positions of the same classification Packet Page 108
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 30 and status as that from which laid off or reduced in hours shall, upon such appointment, be removed from the list. Employees who accept demotion or are recalled to a lower classification shall remain on the list for the higher classification until the list expires. Full-time employees who accept or are recalled to a part-time position shall remain on the list for recall to the regular full-time class from which laid off until the list expires.
(3) Recall Appointments shall be made from the Reinstatement List in the order they appear on the list when a vacancy arises in the same classification and department provided the employee held regular status in that classification before selection is made from an eligible list. If there are no such employees available for reinstatement, a department shall appoint the next qualified employee on the Reinstatement List who previously held regular status in that classification.

Employees laid off, displaced due to bumping, or subject to work schedule reduction in lieu of layoff from clerical classifications shall be recalled or given increased work hours in inverse order of layoff or work schedule reduction when a vacancy arises in the same classification in any department.

Reinstatement may be subject to passing a medical examination if the layoff period exceeds twelve months.

Any person who does not respond within fourteen (14) calendar days to a letter offering reinstatement sent registered mail (return receipt requested) addressed to their last known address shall be removed from the list. If an employee elects to become reinstated, he/she shall report to work or return to an increased work schedule within thirty (30) calendar days from notice to City that he/she will return to work.

An employee who is laid off or subject to work schedule reduction in lieu of layoff, when offered reinstatement, who is unable to accept due to medical reasons as certified by a physician may be granted an additional thirty (30) calendar days to report to work or return to an increased work schedule. When an employee is unable to return to work or return to an increased work schedule due to a medical condition within the sixty (60) calendar day period, the City shall recall the next employee on the Reinstatement List and the disabled employee's name shall remain on the List and eligible for recall for the remaining duration of the two year period.

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Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 31 If an employee declines reinstatement to a regular position of the same classification and status or fails to report for work within the thirty (30) calendar day period, except for medical condition as specified herein, the employee's name shall be removed from the Reinstatement List and the City shall have no further obligation for employment. (i) Reinstatement Rights for Regular Full-Time and Regular Part-Time Employees
(1) An employee reinstated from a layoff or work schedule reduction in lieu of layoff reinstatement list within two years of the effective date of layoff or reduction shall retain cumulative service credited as of the date of layoff or reduction for purposes of determining seniority in the event of future layoffs and other matters based on City seniority. (2) Reinstatement after a twelve (12) month absence may be subject to passing a medical examination.
(3) Upon reinstatement from layoff, an employee shall resume accrual of vacation at the rate which corresponds to his/her years of service on the date of separation from employment. An employee's unused sick leave balance or sick leave bank balance, if any and as applicable, on the date of separation shall be restored.
(4) The period of time during which the employee is on unpaid status shall not count toward service credit. However, employees represented by NAME, shall receive service credit for unpaid absence or for the reduction in work hours in lieu of layoff up to one year (prorated for reductions) caused by layoff or reductions in lieu of layoff for purposes of seniority in determining layoffs or work schedule reductions only. (5) Upon reinstatement to the same classification from which laid off, an employee shall be placed at the same salary step which he/she occupied on the date of separation from employment. Management and professional employees reinstated to the same classification shall receive the same salary they received at the time layoff occurred. (j) Reemployment
At the discretion of the City Manager, a regular full-time or regular part-time employee may be reemployed or restored to an increased work schedule more than two years but less than four years after the effective date of layoff, displacement or work schedule reduction. An employee so reemployed or restored shall have the benefit of being appointed without having his/her Packet Page 110
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 32 name appear on an eligibility list. Reemployment may be subject to passing a medical examination. Any employee reemployed more than two years but less than four years after the effective date of layoff shall have no vested interest in or be entitled to any benefits accrued during any previous employment with the City with the exception of PERS retirement benefits which may remain vested after five (5) years of continuous service. Upon reemployment from layoff, the employee shall be treated as a new hire.

RULE XIV

TRAINING OF EMPLOYEES
Section 1 RESPONSIBILITY FOR TRAINING
Responsibility for developing training programs for employees shall be assumed jointly by the City Council, the Personnel Officer, the department heads and the employees.

Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.

Section 2 CREDIT FOR TRAINING
Participating in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity may be filed by the employee with the Personnel Officer.

RULE XV

EVALUATIONS
Section 1 EVALUATIONS
The Personnel Officer shall cause evaluations of employees to be performed from time to time as he/she directs and on forms which he/she provides.

RULE XVI

REPORTS AND RECORDS
Section 1 ROSTER CARDS
The Personnel Officer shall maintain a service or roster card for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent.

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Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 33 Section 2 CHANGE-OF-STATUS-REPORT
Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as may be prescribed by these rules and regulations.

Section 3 DESTRUCTION OF RECORDS
Roster and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, applications, examinations and reports may be destroyed as provided by law.

Section 4 ATTENDANCE
All supervisors shall maintain daily attendance records of all employees in the competitive and exempt services in the manner prescribed.

Section 5 ACCIDENT REPORTS
Any employee involved in an accident while on the job which results in personal injury or property damage of any kind shall report that accident promptly to his/her supervisor.

Employee and/or supervisor shall fill out forms for reporting the accident in the manner prescribed by the Administrative Regulations of the City Manager or departmental regulations.

RULE XVII

COOPERATION
Section 1 COOPERATION OF MUNICIPAL OFFICERS AND EMPLOYEES Every officer and employee of the City of Newark shall cooperate with the Personnel Officer in order to completely fulfill the objectives and purposes of the personnel ordinance and these rules.

RULE XVIII

ADMINISTRATIVE REGULATIONS
Section 1 CITY MANAGER
The City Manager is hereby authorized to issue Administrative Regulations implementing those personnel rules.

Packet Page 112
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), and No. 9820 (3/11). 34 Section 2 DEPARTMENTAL REGULATIONS
Department heads are hereby authorized to issue departmental regulations in concert with Administrative Regulations adapting those regulations, the Personnel ordinance or Personnel Rules to the operation of their specific department.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMMENDING RESOLUTION NO. 10,416 TO

REVISE RULE III CLASSIFICATION OF THE PERSONNEL

RULES AND REGULATIONS BY AUTHORIZING THE CITY

MANAGER OR PERSONNEL OFFICER TO APPROVE CLASS
SPECIFICATION CHANGES.

WHEREAS, the Personnel Rules and Regulations govern the competitive process for filling City job openings; and
WHEREAS, the existing Personnel Rules require City Council approval for all changes to the Classification Plan, including the creation, deletion, and revision of class specifications; and
WHEREAS, the creation, deletion, and revision of class specifications is an administrative action that can be performed by City staff; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark approves an amendment to Resolution 10,416 to revise Rule III Classification of the Personnel Rules and Regulations as referenced in the red text on pages 5-6 in Exhibit A.

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Item  H. 1.

DATE 05/12/2022
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 05/12/2022
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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