Agenda packet — Newark City Council, July 28, 2022

AGENDA
Thursday, July 28, 2022
7:00 P.M.

HYBRID IN-PERSON/VIRTUAL MEETING

REFER TO THE END OF THE AGENDA TO REVIEW

OPTIONS FOR PARTICIPATING IN THE MEETING
REMOTELY OR IN-PERSON.

IF YOU ATTEND THE MEETING IN PERSON A FACE COVERING
IS RECOMMENDED BUT NOT REQUIRED.

A. ROLL CALL
B. PRESENTATIONS

1. Introduction of employees
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda.

Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion. There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of July 14, 2022, minutes

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

4. Adopt a resolution authorizing and approving the City Manager to execute a contractual services agreement with KBA Document Solutions for copier/printer/scanner/fax equipment lease, maintenance and other support services

5. Adopt a Resolution Approving Contractual Services Agreements with Pakpour Consulting Group, Ruggeri-Jensen-Azar, and SNG & Associates, Inc. for On-Call Civil Engineering Development Plan Check Review Services

6. Adopt a Resolution Approving the Annual Agreement with Alameda County for Participation in the Alameda County Urban County Community Development Block Grant for Fiscal Year 2022-2023 and Amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2022-2023

7. Adopt a Resolution Authorizing the City Manager to Execute a Project Specific Maintenance Agreement with the State of California through its Department of Transportation (Caltrans) for State Route (SR) 880 and Mowry Avenue Crossing

8. Adopt a resolution approving an amendment to the Management, Supervisory, and Professional Employee Group Compensation and Benefit Plan to add the class specification of Crime Analyst.

9. Adopt a Resolution approving a Contractual Services Agreement with Surf to Snow Environmental Resource Management, Inc. to conduct inspections of industrial and commercial facilities as required by the City's stormwater discharge permit

10. Adopt a Resolution Authorizing the County of Alameda to Execute a HOME-American Rescue Plan fund contract with Allied Housing, Inc. for the Cedar Community Apartments Homekey Project.

11. 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 July 28 Pursuant to AB 361.

12. Adopt a resolution approving a second amendment to the contractual services agreement between the City and Abbe and Associates to assist with the implementation of commercial organics waste collection and related services and amending the 2022-2024 Biennial Budget and Capital Improvement Plan

13. Second reading and adoption of an Ordinance amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Salaries") to increase the salaries of City Councilmembers and Mayor by ten percent (10%). (Introduced 7/14/2022) E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Adopt a Resolution approving the Agreement between the Newark Chamber of Commerce Packet Page 2

1. Adopt a Resolution approving the Agreement between the Newark Chamber of Commerce and the City of Newark in an amount not to exceed $230,500 and authorizing an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2023 to appropriate American Rescue Plan Act (ARPA) funding of $230,500 for the Chamber Agreement and $25,000 for the Chamber CEO Executive Recruiter for a total appropriation of $255,500.

2. Adopt a resolution approving and authorizing the City Manager to execute a Side Letter Agreement to extend the Memorandum of Understanding between the City of Newark and the Newark Police Association (NPA).

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
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.

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/83029739177 From a telephone dial 1- 669-900-9128, Webinar ID Number 830 2973 9177 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.

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Council Meeting Access/Materials:

The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting.

Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted, if time allows, at Agendas and Minutes. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.

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Item B. 1.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employees
The following employees will be introduced at the City Council meeting:

Senior Planner Carmelisa Lopez
Building Inspector I Kyle Moore
Administrative Support Specialist II Sofia Castillo
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Item D. 1.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands
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Item D. 2.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of July 14, 2022, minutes
Attachments
Minutes
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City of Newark | Newark City Council
Mayor Alan L. Nagy | Vice Mayor Michael K. Hannon | Council Members: Luis L. Freitas, Maria “Sucy” Collazo, & Mike Bucci

Minutes
Thursday, July 14, 2022

A. ROLL CALL
Mayor Nagy called the meeting to order at 7:00 p.m. Present were Council Members Collazo, Bucci, and Vice Mayor Hannon. Council Member Freitas was noted absent.

B. PRESENTATIONS

1. Introduction of employees
Mayor Nagy introduced Recreation Coordinator Becca Hicks and Junior Engineer Alysia Reyes.

2. Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
Mayor Nagy presented the proclamation to Roger Pereira, Diane Pereira, and Paul Mendes.

3. Commendation to Public Works Director Fajeau
Mayor Nagy presented a commendation to Public Works Director Fajeau in honor of his 25th anniversary of service to the city of Newark.

C. PUBLIC COMMENT

No one requested to speak.

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Page No. 2
City of Newark City Council Minutes July 14, 2022
D. CONSENT CALENDAR
Council Member Bucci moved, Vice Mayor Hannon seconded, to approve Consent Calendar items D.1 to D.3, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 4 AYES, 1 ABSENT.

1. Approval of Audited Demands

2. Approval of June 23, 2022, special and regular meeting minutes

3. Adopt a resolution finding that there is a proclaimed state of emergency; finding that meeting in person would present imminent risks to the health or safety of attendees as a result of the state of emergency; and authorizing continued remote teleconferenced meetings of the legislative bodies of the city of Newark for the 30 day period beginning July 14 pursuant to AB 361
Resolution No. 11385
E. PUBLIC HEARINGS

1. Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments Resolution No. 11386
City Manager Benoun gave the staff report recommending approval.

Mayor Nagy opened the public hearing at 7:18 p.m.

No one requested to speak.

Mayor Nagy closed the public hearing at 7:19 p.m.

Vice Mayor Hannon requested that weed abatement exhibits include the property owner name. He also requested that staff review the abatement process to ensure that staff time is appropriately reimbursed. City Manager Benoun stated that staff would complete a legal review of the questions.

Council Member Bucci moved, Vice Mayor Hannon seconded to adopt a resolution confirming the report of the Superintendent of Streets concerning Weed Abatement assessments. The motion passed, 4 AYES, 1 ABSENT.

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Page No. 3
City of Newark City Council Minutes July 14, 2022
F. OTHER BUSINESS

1. Presentation of City of Newark Quiet Zone Study
Assistant City Engineer Imai and consultants Michael Allen (via Zoom) and Thomas Messer gave the presentation. They reviewed the improvements needed for the recommended Quiet Zones located in the Coast Subdivision between Jarvis Avenue and Central Avenue, Mowry Avenue, and the Niles Subdivision between Sycamore Street and Cedar Boulevard. They also discussed a competitive grant funding opportunity.

The City Council discussed the quiet zone locations, the quiet zone risk index versus the current risk index, coordination with the railroad, and the potential grant funding.

Namit Saksena spoke in support of Quiet Zones (documents on file with City Clerk).

He stated that increasing the safety of the rail crossings would improve the quality of life for residents and increase property values. He stated that his 2018 online petition for Quiet Zones continues to gather supportive signatures.

This item was informational only.

2. Introduction of an Ordinance amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Salaries") to increase the salaries of City Councilmembers and Mayor by ten percent (10%)
Introduction of Ordinance
Assistant City Manager Hovorka provided an outline of the salary options that the City Council has considered to date. The ten percent increase suggested at the June 23, 2022 meeting was presented for Council consideration.

Council Member Bucci stated that he would vote no. He stated that when he requested to table the automated license plate readers for further study, due to privacy concerns, there was no support. He took issue with this item being tabled and could not support a 10% increase.

Mayor Nagy stated that the cameras for the license plate readers and the city council compensation were two separate issues.

Vice Mayor Hannon stated that there was minimal cost to the City and they needed to compensate people who serve. He offered to donate the increase to a community nonprofit.

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Page No. 4
City of Newark City Council Minutes July 14, 2022
Council Member Collazo stated that she does not plan to run again and wants someone who replaces her to be appropriately compensated.

Vice Mayor Hannon moved, Council Member Collazo seconded to by motion introduce an ordinance amending Chapter 2.09 , City Council Members compensation, of the Newark Municipal Code to increase the salaries of City Council Members and Mayor by ten percent (10%). The motion passed, 3 AYES, 1 NO (Bucci), 1 ABSENT (Freitas).

G. CITY COUNCIL MATTERS
Mayor Nagy announced that he would not seek reelection for Mayor and that the nomination period would open on Monday.

Council Member Collazo announced various Alameda County library programs. She shared the remaining summer concerts at Shirley Sisk Grove. Shop Newark.

Council Member Bucci stated that he was disappointed that Mayor Nagy was not seeking reelection and thanked him for his service. He congratulated City Manager Benoun who managed the Newark Little League All Stars, the team is moving on to the sectionals.

Vice Mayor Hannon also commended City Manager Benoun. He praised his wife on their wedding anniversary. He stated that Newark is a welcoming community and has no tolerance for racism or hate. He thanked the Mayor for his service to the community.

H. CLOSED SESSION
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:18 p.m.

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Item D. 3.

DATE 07/28/2022
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, March 24, 2022, May 12, 2022, and June 23, 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 Packet Page 23
declares a local emergency must confirm the existence of the local emergency every 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, March 24, 2022, May 12, 2022, and June 23, 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 (July 15, 2022) there have been 321,162 confirmed cases within the County, with 10,120 of those cases being Newark residents. To date, there have been 1,933 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 – Lenka Hovorka, Assistant 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, on May 12, 2022, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, on June 23, 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 Packet Page 27
3 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, 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, the recitals contained in Resolution No. 11325 adopted by the City Council on March 24, 2022, and the recitals contained in Resolution No. 11343 adopted by the City Council on May 12, 2022 are incorporated into this Resolution as if stated herein and the recitals contained in Resolution No. 11367 adopted by the City Council on June 23, 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 321,162 confirmed cases of COVID-19 within the County, and 1,933 deaths as of July 15, 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 Packet Page 28
4 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.

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. 4.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution authorizing and approving the City Manager to execute a contractual services agreement with KBA Document Solutions for copier/printer/scanner/fax equipment lease, maintenance and other support services

RECOMMENDATION
Staff recommends that the City Council, by resolution, authorize and approve the City Manager to execute a contractual services agreement with KBA Document Solutions for copier/printer/scanner/fax equipment lease, maintenance and other support services for a term of five years.

EXECUTIVE SUMMARY
The City currently receives its copier/printer/scanner/fax equipment lease, maintenance and other support services through an agreement with KBA Docuysys, also known as KBA Document Solutions. This agreement will soon expire, and City staff recommends that the City continue using KBA Document Solutions for copier/printer/scanner/fax equipment lease, maintenance and other support services, as KBA Docusys has provided excellent service, continues to offer competitive pricing, and now offers propriety technology to improve document security and user access.

BACKGROUND
On April 17, 2019, the City issued a Request for Proposals to replace the existing equipment lease for citywide copiers/scanners/printers. The proposals were evaluated by a team of City staff with consideration for cost, overall image quality, print quality and speed, the comprehensiveness of services provided, the completeness of proposals, and other factors. Three proposals were received. KBA Docusys was selected as it offered the lowest overall cost and as an industry leader, it regularly ranks among the top performers for print quality, speed, and excellent service. On July 11, 2019, City Council approved the lease and maintenance agreements with KBA Docusys (Agreement No. C19038), which included a three-year term and an option to extend beyond the three-year term.

DISCUSSION/ANALYSIS
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For the past three years, KBA Docusys had provided the City with excellent service under the current agreements. In addition to the three-year term, the agreements offered an option to extend the terms annually for up to four years. The City is interested in extending the agreement, however the current lease and maintenance agreements do not include the current City contract language. Therefore, it was recommended that rather than extend the current maintenance and lease agreements, the City should enter into a new agreement that includes the City's standard language.

FISCAL IMPACT
Over a period of five years, the contract amendment is anticipated to cost $390,000, including all equipments leases, maintenance agreements, enhanced technology, support services, and supplies. Leasing costs are set at $3,921.08 per month. Costs for service, supplies/consumables, parts, labor and toner will vary per machine and use, as well as additional costs that may be incurred due to a larger amount of copies.

REVIEW AND APPROVAL
Prepared by – Angela Montez, Information Technology Technician Reviewed by – Kristopher J. Kokotaylo, Interim City Attorney Approved by – Lenka Hovorka, Assistant City Manager
Attachments
KBA Resolution
Exhibit A - KBA Document Systems Agreement v1
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT AND PURCHASE ORDER WITH

KBA DOCUMENT SOLUTIONS, IN THE AMOUNT NOT TO
EXCEED $390,000
WHEREAS, the City has used KBA Document Solutions as the provider of copier/printer/scanner/fax equipment leases, maintenance and support services since November 16, 2017, and most recently entered into an agreement approved by City Council on July 11, 2019; and
WHEREAS, the current lease and maintenance agreements are due to expire August 31, 2022 and allow for a multi-year extension; and
WHEREAS, KBA Document Solutions offers cost-effective copier/printer/scanner/fax equipment leases, maintenance and support services; and WHEREAS, the current lease and maintenance agreements do not include the City’s current standard contract language and therefore a new agreement was created and is attached herein as Exhibit A; and
WHEREAS, KBA Document Solutions submitted a quote for copier/printer/scanner/fax equipment leases, maintenance and support services included in Exhibit A; and WHEREAS, monthly payments of $3,921.08 for copier/printer/scanner/fax machine leasing costs and additional funds are included in the Information Technology Department budget for copier/printer/scanner/fax maintenance and support services.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute an agreement and purchase order with KBA Document Solutions in the amount not to exceed $390,000.00 for five years of copier/printer/scanner/fax equipment leases, maintenance and support services.

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Item D. 5.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Senior Civil Engineer
SUBJECT Adopt a Resolution Approving Contractual Services Agreements with Pakpour Consulting Group, Ruggeri-Jensen-Azar, and SNG & Associates, Inc. for On-Call Civil Engineering Development Plan Check Review Services

RECOMMENDATION
Staff recommends that the City Council approve Contractual Services Agreements with Pakpour Consulting Group, Ruggeri-Jensen-Azar, and SNG & Associates, Inc. for on-call Civil Engineering Development Plan Check Review Services.

EXECUTIVE SUMMARY
The current Contractual Services Agreements for on-call Civil Engineering Development Plan Check Review Services expired on June 30, 2022. Based on current and projected development activity, on-call Civil Engineering Development Plan Check Review Services will be required for the foreseeable future. Engineering staff is recommending the approval of Contractual Services Agreements for on-call Civil Engineering Development Plan Check Review Services with three (3) consultants, Pakpour Consulting Group, Ruggeri-Jensen-Azar, and SNG & Associates, Inc., with not-to-exceed amounts of $237,000, $100,000, and $100,000, respectively.

BACKGROUND
The Public Works Engineering Division provides civil engineering development plan reviews for private land development planning, engineering, and building permit applications. The civil engineering development plan review services cover a wide range of activities that include, but are not limited to, review of planning entitlement applications such as Tentative Maps, Site Development Reviews, and Conditional Use Permits; development of Conditions of Approval; and review of parcel maps, final maps, tract improvement plans, grading plans, plot plans, and building permit plans for conformance with published City, State, and Federal regulations and engineering standards of practice.

The current and projected service level demands for development plan review remain high, requiring staff augmentation through on-call service contracts. The Engineering Division anticipates submittal of improvement plans, final maps, grading plans, and building permit applications for FMC Willow at Bayside Newark (formerly Dumbarton Transit Oriented Development), which consists of a 22.1-acre site for 279 multifamily Packet Page 45
units with a mixed-use area, affordable units, and a future transit station; and Cedar Subdivision, a 5.5-acre site for 130 single family residential units soon after planning entitlements are approved. It is also anticipated that subsequent subdivision phases at NewPark Place will be submitted in the next few years.

In addition to larger development sites, Engineering Division staff also anticipates providing development plan check reviews for several small in-fill subdivision projects and other site development applications.

DISCUSSION/ANALYSIS
The Engineering Division is responding to the continued high service demand for development plan reviews by utilizing on-call consultants. In accordance with the City’s Purchasing Rules and Regulations, staff prepared and initiated an RFQ for on-call Civil Engineering Development Plan Check Review Services. Six (6) Statement of Qualifications (SOQ) were received and evaluated and ranked based on completeness and responsiveness to the RFQ. Engineering staff selected three (3) consultants and recommends the approval of Contractual Services Agreements with Pakpour Consulting Group, Ruggeri-Jensen-Azar, and SNG & Associates, Inc., with not-to-exceed amounts of $237,000, $100,000 and $100,000, respectively.

Each of the Contractual Services Agreements will be for a two-year term, beginning on July 29, 2022, and expiring on June 30, 2024, renewable for two (2) additional one (1) year terms upon mutual consent of the City and selected consultants, subject to available funding.

FISCAL IMPACT
Under the terms of the agreements, the selected consultants would provide the on-call Civil Engineering Development Plan Check Review Services based upon the adopted compensation rates. The 2022-2024 Biennial Budget includes sufficient funds in the Engineering Division operating budget to fund the requested services for the two-year budget cycle.

REVIEW AND APPROVAL
Prepared by – Diana Cangco, Senior Civil Engineer
Reviewed by – Jayson Imai, Assistant City Engineer
Reviewed by – Soren Fajeau, Public Works Director
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Resolution Pakpour etc
Contractual Services Agreement Pakpour Consulting Group Contractual Services Agreement Ruggeri-Jensen-Azar
Contractual Services Agreement SNG & Associates
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING CONTRACTUAL SERVICES

AGREEMENTS WITH PAKPOUR CONSULTING GROUP,
RUGGERI-JENSEN-AZAR, AND SNG & ASSOCIATES, INC.

FOR ON-CALL CIVIL ENGINEERING DEVELOPMENT

PLAN CHECK REVIEW SERVICES
WHEREAS, the City issued Requests for Qualifications (“RFQ”) for Civil Engineering Development Plan Check Review Services; and
WHEREAS, a total of six statements of qualifications were received and evaluated by staff based on completeness and responsiveness to the RFQ; and WHEREAS, based on staff’s evaluation, Pakpour Consulting Group, Ruggeri-JensenAzar, and SNG & Associates, Inc. were determined to be the most qualified firms to provide the Civil Engineering Development Plan Check Review Services; and WHEREAS, the costs for said services will be offset by revenues from residential subdivision fees and other development fees associated with the projects for which said services will be provided.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves and authorizes the City Manager to execute agreements with Pakpour Consulting Group in an amount not to exceed $237,000, Ruggeri-Jensen-Azar in an amount not to exceed $100,000, and SNG & Associates, Inc. in an amount not to exceed $100,000, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to renew each aforementioned Contractual Services Agreement for up to two additional one-year terms, at or below the identified not to exceed amounts for each additional year, upon mutual consent of the City and the selected consultant, subject to available funding.

BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.

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CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this 28TH day of JULY, 2022 by and between the CITY OF NEWARK, a municipal corporation (“City”), and PAKPOUR CONSULTING GROUP, a California corporation (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform on-call civil engineering development plan check review services.

WHEREAS, in response to City’s request, Consultant submitted a proposal (hereinafter “Proposal”), now on file with the City Engineer and incorporated herein by reference; and, after negotiations, Consultant agreed to perform the “Services” more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in the Proposal, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.

NOW, THEREFORE, the Parties hereto agree as follows:

1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.

2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.

Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.

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3. COMPENSATION.

A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Two Hundred Thirty-Seven Thousand Dollars ($237,000) for fiscal year 2022-2023 and for each subsequent fiscal year as may be allocated at, above or below this amount for the specified fiscal year, unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services and/or incurring such costs and expenses by City, evidenced in writing as Additional Services by Task Order (see Section 4. Additional Services of this Agreement).

B. Method of Billing. To request payment, Consultant shall submit monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).

Consultant shall submit all billings for said Services to City in the manner specified in Exhibit “B”; or, if no manner is specified in Exhibit “B”, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City.

Invoices shall be sent to:

City of Newark
Public Works Department
37101 Newark Blvd.

Newark, CA 94560
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.

C. Payment. Upon receipt of invoice, City shall make payments to Consultant on a monthly basis, or at such other times as may be specified in Exhibit “B”, for Services, which are performed in accordance with this Agreement to the satisfaction of City.

D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).

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4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by written Task Order approved in advance of the performance thereof. Such Task Order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services.

Except to the extent modified by a Task Order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to this Agreement.

Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its subconsultants, if any, identified in the Proposal.

Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or subconsultants identified in the Proposal, without the prior written consent of City.

All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.

8. INFORMATION AND DOCUMENTATION.

A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.

B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s Packet Page 50
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accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product or the confidential information contained in the Work Product, or make it available, to any third party without the prior written consent of City.

9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.

10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.

11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall perform Services using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

12. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.

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A. Verification of Coverage.

Consultant shall furnish City with original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

1. Insurance Services Office Form Number CG 00 01 covering Commercial General Liability on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal and advertising inquiry; and

2. Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of and Insurance policy or proceeds available to the named Insured; whichever is greater.

Consultant shall maintain limits no less than:

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1. General Liability:
(including products-completed
operations, property damage,
bodily injury, and personal and
advertising injury)
$2,000,000 per occurrence for bodily
injury, personal injury, and property
damage. If a general aggregate limit
applies, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

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

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $2,000,000 per occurrence or claim; $4,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City.

E. Claims Made Policies.

For all “claims made” coverage, in the event that Consultant changes insurance carriers Consultant shall purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.

F. Wasting Policies.

No policy required by this paragraph 12, except for Errors and Omissions Liability, shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

G. Remedies.

In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

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1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

2. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

3. Terminate this Agreement.

H. Acceptability of Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

I. Other Insurance Provisions.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insureds. City, its officers, officials, directors, employees and volunteers (“Additional Insureds”) are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant; including materials, parts or equipment furnished in connection with such work or operations.

2. Primary Coverage. For any claims related to Services, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, directors, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, directors, employees, or volunteers shall be excess of Consultant’s insurance and shall not be contribute with it. Consultant’s policy will not seek contribution from the City’s insurance or self-insurance.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage and shall not be canceled during the term of this Agreement without notice to the City.

4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

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6. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.

7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, and volunteers for losses arising from work performed by Consultant for City.

8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 12 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.

9. Variation. The City Risk Manager may approve a variation in these insurance requirements upon a determination that the coverage, scope, limits, and form of such insurance are either not commercially available or that City’s interests are otherwise fully protected. Any variation granted shall be done in writing and shall be made a part of this Agreement as Appendix “A”.

13. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 18, hereinbelow) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

14. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subconsultants. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

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In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERs as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

The review, acceptance or approval of Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

Consultant/Subconsultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

15. LICENSES, PERMITS, ETC. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Newark Business License.

16. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire on June 30, 2024. At the end of the term, the City may Packet Page 56
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renew this Agreement for two (2) one-year terms as authorized by the by the Public Works Director, City Manager, or City Council.

B. Notwithstanding the provisions of paragraph 16 section A above, City may terminate this Agreement at any time and without cause upon written notification to the Consultant. Consultant may cancel this Agreement upon thirty (30) day’s written notice to City and shall include in such notice the reasons for cancellation. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion.

Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder.

17. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Public Works Director of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.

18. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:

CITY OF NEWARK

JOUBIN PAKPOUR PUBLIC WORKS DIRECTOR
President Administrator
Address: Pakpour Consulting Group
6601 Owens Drive
Suite 230
Pleasanton, CA 94588
City of Newark
Attn: Public Works Director
37101 Newark Boulevard
Newark, CA 94560

19. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

20. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

21. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.

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22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

23. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

24. ASSIGNABILITY. Neither Consultant nor City shall subconsult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.

25. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

26. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

27. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

28. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

29. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK, PAKPOUR CONSULTING GROUP,
a municipal corporation a California corporation
By By
David Benoun, City Manager
Date Date
Printed Name, Title
Attest:

Sheila Harrington, City Clerk
Date
Approved as to form:

Kristopher Kokotaylo, City Attorney
Date
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EXHIBIT A

SCOPE OF SERVICES
The desired scope of civil engineering services pertaining to development plan check review encompasses a wide range of activities. Reviewing and managing multiple land development subdivision and Building Permit applications from initial planning entitlement through improvement plan and final map approval, construction and final sign-off may include the following:
• Review of planning entitlement applications such as Tentative Maps, Site Development Reviews, and Conditional Use Permits.
• Development of Conditions of Approval.
• Review of parcel maps, final maps, tract improvement plans, grading plans, street improvement plans, plot plans, and building permit plans for conformance with published City, State, and Federal regulations and engineering standards of practice. Relevant regulations in which the Consultant will be expected to demonstrate proficiency may include, but are not limited to:
o ADA and accessibility requirements
o RWQCB MRP compliance and measures including low impact development, source control, design of stormwater treatment measures and sizing calculations (e.g. MRP C.3). Hydromodification standards and the use of BAHM software to both design and review detention and metering devices, as well as trash capture o By extension, the Consultant will also be responsible for remaining current with updated regulations and measures.
• Correspond directly with applicants and their design teams; attend meetings with City staff and applicants; write memoranda summarizing plan review comments for transmittal to the applicant; and perform field inspections of projects under construction. • Perform various tasks at City Hall including writing staff reports for City Council Meetings, preparation of agreements including long-term encroachment agreements, stormwater operations & maintenance agreements, subdivision improvement agreements, administration of surety bonds associated with agreements, grant deed, and grant of easement documents, and review of associated plat maps and legal descriptions.

Additionally, Consultant(s) will be expected to work collaboratively with Public Works staff and other City departments, such as Planning, Building, and Fire, during the review process, maintaining open avenues of communication to facilitate project completion. External agencies that may also require effective communication include Union Sanitary District, Alameda County Water District, Alameda County Flood Control, PG&E (and other dry utility companies), permit applicants, and their respective contractors. The above list is not exhaustive; other services may be sought as the need arises.

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EXHIBIT B

PAYMENT
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CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this 28TH day of JULY, 2022 by and between the CITY OF NEWARK, a municipal corporation (“City”), and RUGGERI-JENSEN-AZAR, a California corporation (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform on-call civil engineering development plan check review services.

NOW, THEREFORE, the Parties hereto agree as follows:

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3. COMPENSATION.

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of One Hundred Thousand Dollars ($100,000) for fiscal year 2022-2023 and for each subsequent fiscal year as may be allocated at, above or below this amount for the specified fiscal year, unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services and/or incurring such costs and expenses by City, evidenced in writing as Additional Services by Task Order (see Section 4. Additional Services of this Agreement).

Invoices shall be sent to:

City of Newark
Public Works Department
37101 Newark Blvd.

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Except to the extent modified by a Task Order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or subconsultants identified in the Proposal, without the prior written consent of City.

All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.

8. INFORMATION AND DOCUMENTATION.

B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s Packet Page 64
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accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

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A. Verification of Coverage.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

2. Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

Consultant shall maintain limits no less than:

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

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $2,000,000 per occurrence or claim; $4,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

E. Claims Made Policies.

F. Wasting Policies.

No policy required by this paragraph 12, except for Errors and Omissions Liability, shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

G. Remedies.

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1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

3. Terminate this Agreement.

H. Acceptability of Insurers.

I. Other Insurance Provisions.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage and shall not be canceled during the term of this Agreement without notice to the City.

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In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERs as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

16. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire on June 30, 2024. At the end of the term, the City may Packet Page 70
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renew this Agreement for two (2) one-year terms as authorized by the by the Public Works Director, City Manager, or City Council.

CITY OF NEWARK
EDDIE K. SIEU PUBLIC WORKS DIRECTOR
Principal-in-Charge Administrator
Address: Ruggeri-Jensen-Azar
4690 Chabot Drive
Suite 200
Pleasanton, CA 94588
City of Newark
Attn: Public Works Director
37101 Newark Boulevard
Newark, CA 94560

19. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

20. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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23. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

25. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

26. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK, RUGGERI-JENSEN-AZAR,
a municipal corporation a California corporation
By By
David Benoun, City Manager
Date Date
Printed Name, Title
Attest:

Sheila Harrington, City Clerk
Date
Approved as to form:

Kristopher Kokotaylo, City Attorney
Date
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EXHIBIT A

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EXHIBIT B

PAYMENT
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CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this 28TH day of JULY, 2022 by and between the CITY OF NEWARK, a municipal corporation (“City”), and SNG & ASSOCIATES, INC., a California corporation (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform on-call civil engineering development plan check review services.

NOW, THEREFORE, the Parties hereto agree as follows:

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3. COMPENSATION.

Invoices shall be sent to:

City of Newark
Public Works Department
37101 Newark Blvd.

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Except to the extent modified by a Task Order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or subconsultants identified in the Proposal, without the prior written consent of City.

All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.

8. INFORMATION AND DOCUMENTATION.

B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s Packet Page 78
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accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

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A. Verification of Coverage.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

2. Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

Consultant shall maintain limits no less than:

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

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $2,000,000 per occurrence or claim; $4,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

E. Claims Made Policies.

F. Wasting Policies.

No policy required by this paragraph 12, except for Errors and Omissions Liability, shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

G. Remedies.

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1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

3. Terminate this Agreement.

H. Acceptability of Insurers.

I. Other Insurance Provisions.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage and shall not be canceled during the term of this Agreement without notice to the City.

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In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERs as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

16. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire on June 30, 2024. At the end of the term, the City may Packet Page 84
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renew this Agreement for two (2) one-year terms as authorized by the by the Public Works Director, City Manager, or City Council.

CITY OF NEWARK
NANDA K. GOTTIPARTHY PUBLIC WORKS DIRECTOR
President Administrator
Address: SNG & Associates, Inc.
5776 Stoneridge Mall Road
Suite 365
Pleasanton, CA 94588
City of Newark
Attn: Public Works Director
37101 Newark Boulevard
Newark, CA 94560

19. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

20. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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23. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

25. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

26. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK, SNG & ASSOCIATES, INC.,
a municipal corporation a California corporation
By By
David Benoun, City Manager
Date Date
Printed Name, Title
Attest:

Sheila Harrington, City Clerk
Date
Approved as to form:

Kristopher Kokotaylo, City Attorney
Date
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EXHIBIT A

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EXHIBIT B

PAYMENT
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Item D. 6.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Adopt a Resolution Approving the Annual Agreement with Alameda County for Participation in the Alameda County Urban County Community Development Block Grant for Fiscal Year 2022-2023 and Amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2022-2023

RECOMMENDATION
Staff recommends that the City Council, by resolution authorize the City Manager to execute an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant (CDBG) Program for the 2022-2023 fiscal year and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2022-2023.

EXECUTIVE SUMMARY
The City received a fiscal year 2022-2023 Community Development Block Grant (CDBG) award in the amount of $234,493.22. A portion of those funds are allocated for the Alameda County minor home repairs program and CDBG administrative costs. The remainder of the balance, $175,851.22, is recommended to be used for jurisdictional improvements. The jurisdictional improvement funds will be used on a variety of parks projects, including resurfacing the basketball court at Byington Park and improving sidewalks and pathways in Ash Street Park, Lakeshore Park and Civic Center Park.

The proposed resolution approves an agreement with Alameda County and amends the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2022-2023.

BACKGROUND
Each year the City of Newark receives funding under the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. This grant provides funding for activities benefiting low- and moderate-income persons, including public works projects, planning studies, and housing rehabilitation and repair.

Newark’s funds are disbursed through Alameda County. The County oversees Newark’s use of the funds in order to ensure that all appropriate federal government requirements are met. This arrangement is established and governed each year by a pair of agreements, one between Alameda County and HUD, and one between the City and Alameda County. A copy of the agreement between Newark and Alameda County Packet Page 90
and Alameda County. A copy of the agreement between Newark and Alameda County is attached. By approving this resolution, the City Council will authorize the City Manager to execute the agreement between the City of Newark and Alameda County, thereby continuing the City’s participation in the CDBG program.

DISCUSSION/ANALYSIS
The Community Development Advisory Committee (CDAC) met on March 8, 2022 to review the status of CDBG projects and to determine the recommended allocation of Jurisdiction Improvement funds for Fiscal Year 2022-2023. At the time of the CDAC meeting, the exact amount of funding had not been determined. Staff used an estimated amount of $138,103 in order to develop funding recommendations for the CDAC’s consideration. The CDAC voted, 7-0 to recommend that the City Council allocate the anticipated Jurisdiction Improvement Project funds to the Citywide ADA Compliance Improvements. The Jurisdiction Improvement Project would address ADA compliance needs at City-owned parks, facilities, and parking lots as identified in the City’s Disabled Access Transition Plan. The scope of work would include resurfacing of a basketball court in Byington Park, adding a new pathway in Ash Street Park, repairing and resurfacing pathway and sidewalks to remove tripping hazards in Lakeshore and Civic Center Parks. These improvements would provide accessibility benefits for the entire community. City Council accepted the recommendation from the CDAC committee on March 24, 2022.

FISCAL IMPACT
If approved, the City would accept a grant award in the amount of $234,493.22. The amount is an increase of $97,000 above what was budgeted in the 2022-2024 Biennial Budget and Capital Improvement Plan for 2022-20224, therefore a budget amendment is requested. The amendments include the following:

Increase: 214.90.092.920.4793 (Federal Grants & Awards) $97,000 Increase: 214.90.092.920.6221CIP# (Increase Contractual Services) $97,000 PLANNING COMMISSION
No Planning Commission approval or recommendation is required.

REVIEW AND APPROVAL
Prepared by – Art Interiano, Deputy Community Development Director Reviewed by – Steven Turner, Community Development Director Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – Lenka Hovorka, Assistant City Manager
Attachments
CDBG Resolution
Draft CDBS Annual Agreement Award V1
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE MAYOR TO EXECUTE AN

AGREEMENT WITH ALAMEDA COUNTY FOR

PARTICIPATION IN THE ALAMEDA COUNTY URBAN

COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FOR FISCAL YEAR 2022-2023 AND
APPROVING AN AMENDMENT TO THE 2022-2024

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN
FOR FISCAL YEAR 2022-2023
WHEREAS, the City of Newark is eligible for an entitlement of Community Development Block Grant funds (CDBG) based on its participation in the Alameda County Urban County; and
WHEREAS, the County has allocated $234,493.22 in CDBG funds to the City based on the City's participation in the Urban County; and
WHEREAS, the City anticipated an amount of $138,000 in the 2022-2024 Biennial Budget and Capital Improvement Plan; and
WHEREAS, the contract amount is higher than expected by $97,000 and therefore an increase in the Biennial Budget and Capital Improvement Plan is requested for this amount; and WHEREAS, the activities of the City under the Agreement with the County shall be governed by the conditions of the Grant Agreement between the County and the United States Department of Housing and Urban Development; and
WHEREAS, the County retains $50,842 of the City's allocation providing for Minor Home Repair Program, which will be administered by Alameda County Healthy Homes Department; and
WHEREAS, the City's proposed projects are CDBG-eligible in accordance with HUD regulations and the conditions of the CDBG Grant Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute an agreement, in a form approved by the City Attorney, with Alameda County for participation in the Alameda County Urban County Community Development Block Grant (CDBG) Program for Fiscal Year 2022-2023, said agreement on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby amends the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2022- 2023 as follows:

Account Description Amount
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Item D. 7.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Senior Civil Engineer
SUBJECT Adopt a Resolution Authorizing the City Manager to Execute a Project Specific Maintenance Agreement with the State of California through its Department of Transportation (Caltrans) for State Route (SR) 880 and Mowry Avenue Crossing

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Project Specific Maintenance Agreement with the State of California through its Department of Transportation (Caltrans) for State Route (SR) 880 and Mowry Avenue crossing.

EXECUTIVE SUMMARY
An intersection improvement project at Mowry Avenue and Alpenrose Drive extends into lands owned by the State of California. As a result of the proposed project and as part of the encroachment permit process with the State of California through its Department of Transportation (Caltrans), the City is required to enter into a Project Specific Maintenance Agreement for the State Route (SR) 880 (also known as Interstate 880) and Mowry Avenue crossing.

BACKGROUND
In 1959, the City and Caltrans entered into a Freeway Maintenance Agreement for SR 69 between Mowry Avenue and Decoto Road. In 1993, the City and Caltrans entered into a Freeway Agreement for certain portions of SR 880 (also known as Interstate 880), including Mowry Avenue. The 1993 Freeway Agreement was for the closing and relocation of City streets, construction of frontage roads, and construction of the freeway. The 1993 Freeway Agreement did not supersede the 1959 Freeway Maintenance Agreement.

DISCUSSION/ANALYSIS
Caltrans is requiring an update to its 1959 Freeway Maintenance Agreement with the City of Newark based on two concerns. One, the freeway construction in 1993 and resultant changes to City streets are not reflected in any updated Caltrans Freeway Maintenance Agreement with the City of Newark. Second, an intersection improvement project at Mowry Avenue and Alpenrose Drive will extend the westbound left-turn pocket into State right-of-way and modifies the City’s landscaping and pavement maintenance responsibilities.

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The Project Specific Maintenance Agreement for SR 880 and Mowry Avenue will supersede that portion of the 1959 Freeway Maintenance Agreement. The Project Specific Maintenance Agreement indicates the change in maintenance responsibilities including, but not limited to, maintenance of the vehicular overcrossing, landscape areas, and bicycle paths, lanes, and/or cycle tracks within State right-of-way.

FISCAL IMPACT
The City currently maintains the pavement, median landscaping, and pavement markings within State right-of-way at the Mowry Avenue crossing as required under the 1959 Freeway Maintenance Agreement; therefore, there should be no significant fiscal impact caused by the Project Specific Maintenance Agreement.

REVIEW AND APPROVAL
Prepared by – Diana Cangco, Senior Civil Engineer
Reviewed by – Jayson Imai, Assistant City Engineer
Reviewed by – Soren Fajeau, Public Works Director
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – Lenka Hovorka, Assistant City Manager
Attachments
Resolution Mowry CalTrans
Project Specific Maintenance Agreement v1
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROJECT SPECIFIC MAINTENANCE

AGREEMENT WITH THE STATE OF CALIFORNIA

THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR
STATE ROUTE 880 AND MOWRY AVENUE CROSSING
WHEREAS, the City and State of California through its Department of Transportation (Caltrans) executed a Freeway Maintenance Agreement for State Route 69 between Mowry Avenue and Decoto Road in 1959; and
WHEREAS, the City and Caltrans executed a Freeway Agreement for closing and relocation of streets, construction of frontage roads, and construction of the freeway in 1993; and WHEREAS, the 1993 Freeway Agreement did not supersede the 1959 Freeway Maintenance Agreement; and
WHEREAS, a Caltrans encroachment permit is needed for pavement and landscaping modifications on Mowry Avenue within Caltrans right-of-way; and WHEREAS, as part of the Caltrans encroachment permit process, the City of Newark is required to execute a Project Specific Maintenance Agreement.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute a Project Specific Maintenance Agreement with the State of California, in a form approved by the City Attorney, for State Route 880 and Mowry Avenue crossing.

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1 PROJECT SPECIFIC MAINTENANCE AGREEMENT

WITH CITY OF NEWARK
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Newark; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. Encroachment Permit Number ________________ was issued to CITY for median landscaping and striping left turn pocket at Mowry Ave/Alpenrose Drive on State Route (SR) 880 at Mowry Avenue overcrossing, hereinafter referred to as “PROJECT”, and

2. In accordance with said permit, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and

3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the Encroachment Permit Number _________________, and

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual, and

5. On October 28, 1993, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SR) 880, declared a freeway, within the jurisdictional limits of the CITY, and

6. There is an existing Freeway Maintenance Agreement(s), with CITY dated July 10. 1959.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

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2 1. PARTIES agree this Agreement shall supersede the portion of said Freeway Maintenance Agreement executed by PARTIES on July 10, 1959 that are included in this Project Specific Maintenance Agreement.

2. Exhibit A consists of plan drawings delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.

3. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of the exhibit.

4. CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.

5. VEHICULAR OVERCROSSINGS

5.1. CITY will maintain, at CITY expense, the deck wearing surface and drainage system and all portions of the structure above the bridge deck, including, but without limitation, sidewalks, bridge rails and screens, lighting installations, signs, pavement markings, that may be required for the benefit or control of pedestrians and traffic traveling over that overcrossing structure.

5.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense.

6. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.

7. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

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3 8. LEGAL RELATIONS AND RESPONSIBILITIES

8.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

8.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

8.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9. PREVAILING WAGES:

9.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

9.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Packet Page 110
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4 Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

10.INSURANCE

10.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the Mowry Avenue location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

10.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

11. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause., CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 11 above.

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04-Ala 880 PM 7.30
5 PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF NEWARK STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: ___________________________

DAVID BENOUN
City Manager
By: ___________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 4
ATTEST:

By: __________________________

SHEILA HARRINGTON
City Clerk
By: __________________________

KRISTOPHER KOKOTAYLO
City Attorney
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MOWRY AVENUE

MAINTENANCE AGREEMENT

NEWARK, CA

ALPENROSE
DRIVE

NEWPARK MA L L
ROAD

SITE MAP
ALA 880 PM 7.30

CALIFORNIA

MAINTENANCE AGREEMENT

EXHIBIT A
NEWARK
SITE

MOWRY AVENUE
I8
8 0
SB I-880 OFFRAMP
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ALA 880 PM 7.30

CALIFORNIA

MAINTENANCE AGREEMENT

EXHIBIT A
NEWARK
LEGEND
0'
1 INCH =
50'25'10' 100'
50 FT
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Item D. 8.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT Adopt a resolution approving an amendment to the Management, Supervisory, and Professional Employee Group Compensation and Benefit Plan to add the class specification of Crime Analyst.

RECOMMENDATION
Staff recommends that the City Council approve a resolution to amend the Management, Supervisory and Professional Employee Group Compensation and Benefit Plan to add the class specification of Crime Analyst.

EXECUTIVE SUMMARY
On January 27, 2022, the Council approved the creation of one full-time Crime Analyst position. At that time, the Crime Analyst was assigned to the Newark Police Management Association (NPMA) for purposes of employee representation. Through subsequent discussion with the NPMA, it was determined that NPMA is not the best fit to represent this job classification and the classification more appropriately aligns with the unrepresented Management, Supervisory and Professional Employee Group. A resolution by City Council is required to assign the position of Crime Analyst to the Management, Supervisory and Professional Employee Group through a compensation and benefit plan amendment.

BACKGROUND
On January 27, 2022, City Council approved the creation of the new job classification of Crime Analyst and added one-full time position to the Fiscal Year 2022-2023 budget.

Each time a new job classification is created, the employee associations are notified and provided an opportunity to discuss their association representing the classification.

When the Crime Analyst position was created, the Newark Police Management Association (NPMA) advocated for its inclusion in NPMA. No other employee association requested to represent to the position. After discussion with NPMA and considering the unrepresented employee groups, the position was placed in NPMA.

The City Council previously approved a salary schedule establishing the salary for the Crime Analyst position, however, the Crime Analyst position has remained vacant since its creation.

DISCUSSION/ANALYSIS
On March 17, 2022, the City commenced negotiations with NPMA towards a successor Packet Page 115
On March 17, 2022, the City commenced negotiations with NPMA towards a successor Memorandum of Understanding (MOU). During those negotiations, the position of Crime Analyst was discussed and it was agreed that the Crime Analyst classification would be removed from the NPMA. The City Council approved a successor MOU with NPMA on June 23, 2022 that became effective July 1, 2022. On the effective date of the MOU, the Crime Analyst position was removed from the MOU and no longer represented by NPMA.

Removal of the Crime Analyst classification from NPMA was based on the facts it is not a management-level classification and will not have supervisory or autonomous program management duties. Staff recommends that the Crime Analyst classification be added to the Management, Supervisory and Professional Employee Group (Group).

This Group includes all other analyst-level job classifications in the City, and is the most appropriate placement based on the professional nature of the position, community of interest, and will align with similarly situated classifications.

FISCAL IMPACT
The full-time position of Crime Analyst is already funded in the 2022-2024 Biennial Budget and Capital Improvement Plan approved by City Council on June 23, 2022. An amendment to add the Crime Analyst classification to the Management, Supervisory and Professional Employee Group results in no fiscal impact.

REVIEW AND APPROVAL
Prepared by – Jennifer Solito, Human Resources Director Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – Lenka Hovorka, Assistant City Manager
Attachments
Crime Analyst Resolution
Packet Page 116
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING AN AMENDMENT TO THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL

EMPLOYEE GROUP COMPENSATION AND BENEFIT PLAN
TO INCLUDE CLASS SPECIFICATION OF CRIME ANALYST.

WHEREAS, on January 27, 2022, the City Council approved Resolution No. 11,313, approving the addition of the new class specification of Crime Analyst; and WHEREAS, the City Council previously approved a salary schedule that included the specification of Crime Analyst; and
WHEREAS, Resolution No. 11,313 also authorized adoption of a side letter agreement between the City of Newark and the Newark Police Management Association (“NPMA”) to establish the classification of Crime Analyst be represented by the NPMA; and WHEREAS, the City Manager or designee met and conferred in good faith with the representatives of NPMA to reach agreement on a successor Memorandum of Understanding between the City of Newark and the NPMA adopted by City Council on June 23, 2022; and WHEREAS, after an evaluation of the duties and shared community interests of the Crime Analyst classification, the successor Memorandum of Understanding between the City of Newark and the NPMA adopted by City Council on June 23, 2022, removed the Crime Analyst classification effective July 1, 2022; and
WHEREAS, following the removal of the Crime Analyst classification from the NPMA, all employee associations were provided an opportunity to review the Crime Analyst class specification and request to represent the classification of Crime Analyst; and WHEREAS, the City, based on evaluation, has determined that the classification of Crime Analyst is more appropriately an unrepresented position subject to the Management, Supervisory and Professional Employee Group Compensation and Benefit Plan.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Management, Supervisory, and Professional Employee Group Compensation and Benefit Plan is hereby amended to include the classification of Crime Analyst.

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Item D. 9.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT Adopt a Resolution approving a Contractual Services Agreement with Surf to Snow Environmental Resource Management, Inc. to conduct inspections of industrial and commercial facilities as required by the City's stormwater discharge permit

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a contractual services agreement with Surf to Snow Environmental Resource Management, Inc. to conduct inspections of industrial and commercial facilities to ensure compliance with the requirements of the Municipal Regional Stormwater Permit.

EXECUTIVE SUMMARY
The San Francisco Bay Regional Water Quality Control Board (Water Board) issues the City a permit to discharge stormwater. This permit requires the City to conduct inspections of stormwater treatment systems and commercial and industrial facilities to ensure that the treatment systems are operating properly and that the facilities are implementing "best management practices" to prevent pollutants from contaminating stormwater discharges. The City had a contract for these services that expired on June 30, 2022. Staff released a request for proposal and received proposals from three firms. Staff recommends that the City contract for services with Surf to Snow Environmental Resource Management, Inc. with a not to exceed amount for Fiscal Year 2022-2023 of $55,120.

BACKGROUND
The City, along with the other cities, unincorporated areas, and flood control districts in Alameda, Contra Costa, Santa Clara, and San Mateo counties, is issued a National Pollutant Discharge Elimination System (NPDES) Permit from the Water Board for discharges from its storm sewer system. This permit is referred to as the Municipal Regional Stormwater Permit or MRP. The Water Board adopted a revised MRP on May 11, 2022 which went into effect on July 1, 2022. The MRP requires the City to implement numerous activities to prevent pollutants from contaminating its stormwater discharges. Staff recommends that the City enter into contracts to assist with meeting four of these requirements:
1) Provision C.3.h. Operation and Maintenance of Stormwater Treatment Systems: The Packet Page 118
City is required to inspect all the installed stormwater treatment systems to ensure that they are operating properly and to require additional maintenance if needed. 2) Provision C.4. Industrial and Commercial Site Controls: The City is required to inspect all industrial and commercial sites that could cause or contribute to pollution of stormwater discharges to ensure that proper best management practices (BMPs) are being implemented and to require corrective action as needed. 3) Provision C.5. Illicit Discharge Detection and Elimination: The City is required to effectively prohibit non-stormwater discharges from entering the storm drain system and to respond to any discharges or complaints of discharges, and to ensure the discharges cease and are cleaned up.
4) Provision C.10 Trash Load Reduction: The City is required to reduce the discharge of trash to its storm drain system by 90% (from 2009 levels) by June 30, 2023, and 100% by June 30, 2025. To meet this target, the discharge of trash/litter from commercial properties will need to be significantly reduced.

DISCUSSION/ANALYSIS
The City has had a contract with Surf to Snow Environmental Resource Management, Inc. (S2S) for the past three years. Under this contract, S2S has conducted inspections of stormwater treatment systems and industrial/commercial facilities and has provided on-call spill/illicit discharge response. That contract ended on June 30, 2022. Staff released a request for proposals for these services. Three proposals were received.

S2S and Wood Environment & Infrastructure Solutions, Inc. (Wood) were the top two ranked firms. Both S2S and Wood provide well-qualified personnel and competitive rates. Staff is in the process of executing an agreement with Wood with a not to exceed contract amount of $40,000, which can be executed by the City Manager. City Council approval is required for the proposed agreement with S2S due to the proposed contract amount of $55,120.

As the City's requirements have increased under the reissued Municipal Regional Stormwater Permit (MRP), staff recommends that the City retain the services of both firms to assist the City in meeting current and future MRP requirements. Examples of increasing requirements include:
(1) Provision C.3.h. Inspection of Stormwater Treatment Facilities: All development projects with over 5,000 square feet of impervious surface are required to install stormwater treatment facilities to treat stormwater prior to discharge to the municipal storm drain system. As additional projects are completed, there are more facilities that need to be inspected.
(2) Provision C.4. Inspection of Commercial and Industrial Facilities: The previous permit did not require inspections of restaurants for compliance with stormwater discharge regulations. The reissued permit now requires inspections of restaurants and other food service businesses.
(3) Provision C.10. Trash Load Reduction: The reissued permit now requires a 90% reduction in the discharge of trash (from 2009 levels) by June 30, 2023, and a 100% reduction by June 30, 2025. Meeting these targets will require significant reductions in the trash discharge from private commercial properties that discharge directly into the municipal storm drain system.

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FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan contains sufficient funding for this scope of work. No budget modifications are necessary.

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 – Lenka Hovorka, Assistant City Manager
Attachments
Resolution
S2S Agreement
Packet Page 120
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

ENTER INTO A CONTRACTUAL SERVICES AGREEMENT

WITH SURF TO SNOW ENVIRONMENTAL RESOURCE
MANAGEMENT, INC., FOR MUNICIPAL STORMWATER

INSPECTION SERVICES
WHEREAS, the State of California has issued to the City of Newark Waste Discharge Requirements and a National Pollutant Discharge Elimination System (NPDES) Permit (No.

CAS612008) for the discharge of stormwater runoff from the municipal separate stormwater system; and
WHEREAS, the City is required by the terms of the Permit to conduct inspections of stormwater treatment systems and industrial and commercial facilities to ensure that the systems are operating properly and that the facilities are implementing appropriate best management practices; and
WHEREAS, the City issued Requests for Proposals (“RFP”) for Municipal Stormwater Inspection Services; and
WHEREAS, a total of three responses to the RFP were received and based on staff’s evaluation, Surf to Snow Environmental Resource Management, Inc., and Wood Environment & Infrastructure Solutions, Inc. were determined to be the most qualified firms and provided the two highest ranking proposals; and
WHEREAS, both firms have demonstrated the ability to successfully fulfill the City’s needs;
WHEREAS, an agreement with Wood Environment & Infrastructure Solutions, Inc. in an amount not to exceed $40,000.00 and in a form approved by the City Attorney will be approved at staff level.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute an agreement with Surf to Snow Environmental Resource Management, Inc. (S2S Agreement) in an amount not to exceed $55,120.00 in a form approved by the City Attorney; and
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.

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1 CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of , 2022 by and between the CITY OF NEWARK, a municipal corporation (“City”), and Surf to Snow Environmental Research Management, Inc., a California corporation (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform Municipal Stormwater Inspection Services.

WHEREAS, in response to City’s request, Consultant submitted a proposal (hereinafter “Proposal”), now on file with the City Public Works Department and incorporated herein by reference; and, after negotiations, Consultant agreed to perform the “Services” more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

NOW, THEREFORE, the Parties hereto agree as follows:

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2 3. COMPENSATION.

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Fifty-Five Thousand One Hundred Twenty Dollars ($55,120.00) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services and/or incurring such costs and expenses by City, evidenced in writing as Additional Services by Task Order (see Section 4. Additional Services of this Agreement).

Invoices shall be sent to:

City of Newark
Public Works Department
37101 Newark Blvd.

4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by Packet Page 123
3 written Task Order approved in advance of the performance thereof. Such Task Order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services.

Except to the extent modified by a Task Order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or subconsultants identified in the Proposal, without the prior written consent of City.

All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.

8. INFORMATION AND DOCUMENTATION.

B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and Packet Page 124
4 payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

A. Verification of Coverage.

Consultant shall furnish City with original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be Packet Page 125
5 signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

2. Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

Consultant shall maintain limits no less than:

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6 1. General Liability:
(including products-completed
operations, property damage,
bodily injury, and personal and
advertising injury)
$2,000,000 per occurrence for bodily
injury, personal injury, and property
damage. If a general aggregate limit
applies, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

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

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $1,000,000 per occurrence or claim; $2,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

E. Claims Made Policies.

F. Wasting Policies.

No policy required by this paragraph 12 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

G. Remedies.

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7 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

3. Terminate this Agreement.

H. Acceptability of Insurers.

I. Other Insurance Provisions.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage and shall not be canceled during the term of this Agreement without notice to the City.

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8 6. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.

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9 In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERs as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

16. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire on June 30, 2023. At the end of the term, the City may Packet Page 130
10 renew this Agreement for two (2) one-year terms as authorized by the by the Public Works Director, City Manager, or City Council.

SURF TO SNOW ENVIRONMENTAL CITY OF NEWARK
RESOURCE MANAGEMENT, INC.

Elizabeth Frantz PUBLIC WORKS DIRECTOR
Chief Operating Officer Administrator
Address: Surf to Snow
696 San Ramon Valley Blvd. #368
Danville, CA 94526
Attn: Elizabeth Frantz
City of Newark
Attn: Public Works Director
37101 Newark Boulevard
Newark, CA 94560

19. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

20. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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11 22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

23. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

25. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

26. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

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12 City of Newark Surf to Snow Environmental
Resource Management, Inc.

David J. Benoun Elizabeth Frantz
City Manager Chief Operating Officer
Dated Dated
Attest:

Sheila Harrington, City Clerk
Dated
Approved as to form:

Kristopher Kokotaylo, City Attorney
Dated
Packet Page 133

EXHIBIT A

SCOPE OF SERVICES
Consultant Stormwater Inspection services required pertain to the Municipal Regional Stormwater NPDES Permit Order No. R2-2022-0018 (MRP).

MRP C.3. Inspections
Consultant to provide inspection services and related duties pertaining to MRP C.3. Operation and Maintenance (O&M) Verification Inspections of sites with stormwater treatment and hydromodification management measures. Consultant will conduct inspections of approximately 10- 15 Regulated Projects. Out of those inspections, approximately 50% will require a second inspection and 10-15% will require a third inspection. As the number of Regulated Projects with installed stormwater management measures increases, the number of required annual inspections will increase as well, with the target number of inspections equal to about one-third of the total number of Regulated Projects. Vault-based stormwater management measures within the City are inspected by third-party inspectors, as allowed under MRP C.3. Review of these third-party inspections is included under this scope.

MRP C.4. Inspections
Consultant to provide inspection services and related duties pertaining to MRP C.4., inspections of Best Management Practices at industrial and commercial facilities. Consultant will conduct an average of 90 first inspections on a yearly basis. Out of these it is expected that approximately 10- 15% will require a second inspection and approximately 5% will require a third inspection. City staff will provide the anticipated inspection list to Contractor each year of the contract. However, the inspection list may be modified on occasion in response to business opening/closure or complaints.

Related tasks include, but are not limited to:
• Review of O&M/Inspection records
• Scheduling of inspections and interfacing with business owners/site representatives • Knowledge of and adherence to City’s Enforcement Response Plans for MRP Provisions C.3. and C.4.
• Completion of County-wide standard SSBIR/SSFIR forms
• Collection of geographic information system (GIS) mapping data for each stormwater management measure
• Distribution of appropriate informational literature provided by the City • Resolution of active or potential violations or deficiencies • Documentation and reporting as required by City representatives MRP C.5 Illicit Discharge Response
Consultant to provide on-call illicit discharge and spill response services. The Consultant follow all applicable safety and injury and illness prevention protocols and the City’s Enforcement Response Plan if called up on to investigate reported spills, develop actions plans, assist with spill containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as required by the City.

Packet Page 134

EXHIBIT B
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Surf to Snow Environmental Resource Management, Inc.

Pricing Summary
MRP Provision C.3 O&M Verification Inspections (Unit Rate) Units Unit Rate
Number of
Locations
per Year
Fiscal Y1
Estimated
Total
C.3 O&M Inspection (Initial) $ 315.00 12.00 $ 3,780.00
C.3 O&M Inspection (1st Re-Insp) $ 250.00 6.00 $ 1,500.00 C.3 O&M Inspection (2nd Re-Insp) $ 250.00 1.00 $ 250.00 C.3 Inspection Total $ 5,530.00
MRP Provision C.4 Business Inspections (Unit Rate)
Units Unit Rate
Number of
Locations
per Year
Fiscal Y1
Estimated
Total
C.4 Business Inspection (Initial) $ 315.00 90.00 $28,350.00 C.4 Business Inspection (1st Re-Insp) $ 250.00 11.00 $ 2,750.00 C.4 Business Inspection (2nd Re-Insp) $ 250.00 1.00 $ 250.00 C.4 Inspection Total $31,350.00
Spill & Discharge Response (Unit Rate)
Task Unit Rate
Number of
Locations
per Year
Fiscal Y1
Estimated
Total
Illicit Discharge - Typical Spill Response $ 714.00 9.00 $ 6,426.00 Illicit Discharge - Emergency Weekend/AfterHours Spill Response $ 1,329.00 1.00 $ 1,329.00 Spill & Discharge Response Total $ 7,755.00
Post-Inspection Reporting & Deliverables (T&M)
Fiscal Y1
Estimated
Total
$ 720.00
$ 3,120.00
$ 3,840.00
Project Management & QAQC (T&M) T&M Rates
Fiscal Y1
Estimated
Total Labor Category
Normal
Hourly Rates
Weekend/ After
Hours Hourly
Rate
$ 5,790.00 Contract Manager $ 165.00 $ 247.50
$ 855.00 Assistant PM/Field POC $ 120.00 $ 180.00
$ 6,645.00 QSD $ 140.00 $ 210.00
QSP $ 110.00 $ 165.00
DI $ 95.00 $ 142.50
$55,120.00 GIS $ 98.00 $ 147.00
Assumptions
1 2
3 4
5 6
7 8
9 Project Management & QAQC
Communication with City (meetings/calls)
Project Management & QAQC Total
Estimated Year 1 Total
Task
Monthly Reporting
Weekly Reporting
Post-Inspection Reporting & Deliverable Total
Task
T&M and Unit Rates are an average rate for the 3-year duration. If performance period extends beyond 3 years, rates will be subject to increase.

Assume up to 3 meetings with the City yearly (kickoff meeting, meeting to discuss database, & meeting 60 days prior to end of contract term).

Initial C.3/C.4 inspection units include time for research, scheduling, onsite inspection, reporting, & time to collect GIS data for the City's database. Assume total of 3 hours per inspection on average.

Assume 12 initial C.3 inspections yearly. Assume 50% need 2nd inspection. Assume 12% need 3rd inspection.

C.3/C.4 re-inspection units include time for research, scheduling, onsite inspection, & reporting. Assume total of 2.5 hours per inspection on average.

Assume 90 initial C.4 inspections yearly. Assume 12% need 2nd inspection. Assume 5% need 3rd inspection.

Assume 10 spill responses yearly. Assume 4 hours per inspection per site, 1.5 hours follow up per site, & 60 miles roundtrip. The Weekend/AfterHours Spill Response rate includes 1.5xhourly rate for inspection & assumes follow up after inspection occurs during normal working hours.

Assume QA/QC required for each inspection/spill response report. Assume 0.25 hours per report.

Assume project support active for 6-7 months of the year. Assume 2 hours per month of PM time will be required during these active months.

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Item D. 10.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Steven Turner, Community Development Director
SUBJECT Adopt a Resolution Authorizing the County of Alameda to Execute a HOME-American Rescue Plan fund contract with Allied Housing, Inc. for the Cedar Community Apartments Homekey Project.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution acknowledging and authorizing the County of Alameda as lead agency of the HOME Investment Partnership Consortium to execute a HOME-American Rescue Plan fund contact agreement between the County of Alameda and Allied Housing Inc. for the Cedar Community Apartments Homekey project.

EXECUTIVE SUMMARY
The City of Newark, along with other smaller cities in Alameda County (County) as well as the unincorporated County areas, have formed "Urban County", that is eligible for federal funds from the Community Development Block Grant program and the HOME Investment Partnership program. In 2021, the County issued a Request for Proposals for HOME-American Rescue Plan (HOME-ARP) program funds to be used for affordable housing projects associated with the State of California’s Homekey program. In response, the City submitted a proposal requesting $4,000,000 of HOME-ARP funds for the Cedar Community Apartments Homekey project. In January 2022, the County issued a conditional commitment of the requested funds based upon (among other requirements) a Homekey award from the state. The City is proceeding with activities in preparation of a Homekey grant that would result in efficiencies and time-savings for development of Cedar Community Apartments with Allied Housing Inc.

The City and County desire to have the County contract directly with Allied Housing Inc. for the use of the conditionally committed HOME-ARP funds. The County requests that City acknowledge and provide the necessary authorization for this HOME-ARP contract agreement approach.

BACKGROUND
The City of Newark, along with the cities of Albany, Dublin, Emeryville, Piedmont, and the unincorporated areas of Alameda County, have formed an entity, Urban County, that is eligible for federal funds from the Community Development Block Grant (CDBG) program and the HOME Investment Partnership program (HOME). Federal funds are provided through the United States Department of Housing and Urban Development Packet Page 137
(HUD) to the Urban County and administered by the County of Alameda (County). In 2020, Newark and the County executed a three-year Urban County participatory agreement that includes expectations and requirements for Newark’s participation as a member of Urban County and the County’s administration of federal funds. The County is the lead agency of the HOME Consortium, of which Newark is a member through Urban County. The Urban County agreement expires in 2023.

Each year, through Urban County, Newark receives federal funds through the CDBG program. Newark requests CDBG funds for a variety of eligible uses, including capital projects such as park pathway and sidewalk ADA ramp improvements that provide long-term accessibility and mobility benefits to Newark residents. Other CDBG funds expenditures include participation in the Minor Home Repair Program administered by the Alameda County Healthy Homes Department. CDBG program administrative costs are also an eligible use of CDBG funds, thereby reducing the burden on the City’s general fund.

In addition to the CDBG program, the City may also request funds that are available through the HOME program. In 2021, the County issued a Request for Proposals (RFP) for HOME-American Rescue Plan (HOME-ARP) program funds to be used for affordable housing projects associated with the State of California’s Homekey program.

In response, the City submitted a proposal requesting $4,000,000 of HOME-ARP funds for the Cedar Community Apartments Homekey project. In January 2022, the County issued a conditional commitment of the requested funds based upon (among other requirements) a Homekey award from the state. If all requirements are met, the County Board of Supervisors would authorize the HOME-ARP funds through a subrecipient agreement that includes Newark and County requirements for the use and administration of these funds. After receiving the conditional commitment, the City and Allied Housing Inc. (who would develop Cedar Community Apartments) submitted an application to the state for Homekey funds. As of the preparation of this staff report, the state has not released public information regarding an award of funds.

DISCUSSION/ANALYSIS
Although Homekey award public information is not yet available, the City is proceeding with activities in preparation of a Homekey grant that would result in efficiencies and time-savings for development of Cedar Community Apartments. If a Homekey grant is awarded and in lieu of a HOME subrecipient agreement, the City and County desire to have the County contract directly with Allied Housing Inc. for the use of the conditionally committed HOME-ARP funds. This arrangement would reduce the HOME subrecipient agreement administrative burden between the City and Alameda County, and streamline issuance of HOME-ARP funds directly to Allied Housing Inc, which would own the Project and assume the subrecipient requirements that would have applied to the City. The HOME-ARP funds would be used for environmental and professional services, project audit costs, affirmative marketing, and fair housing services to prospective tenants. A contact between Allied Housing Inc. and the County of Alameda, through the Home Consortium, would be prepared and approved by the County Board of Supervisors. Newark would not be a party to this agreement. The City and County staffs, as well as Allied Housing Inc. are supportive of this approach.

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The County requests that City acknowledge and provide the necessary authorization for this HOME-ARP contract agreement approach. Staff recommends that the City Council adopt a resolution providing this acknowledgement and authorization.

FISCAL IMPACT
The staff recommendation has no fiscal impact to the City.

REVIEW AND APPROVAL
Prepared by – Steven Turner, Community Development Director Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – Lenka Hovorka, Assistant City Manager
Attachments
Resolution ARPA Allied and County
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACKNOWLEDGING AND AUTHORIZING THE

PREPARATION OF A HOME INVESTMENT PARTNERSHIP

CONTRACT BETWEEN THE COUNTY OF ALAMEDA AND
ALLIED HOUSING INC. FOR THE CEDAR COMMUNITY

APARTMENTS HOMEKEY PROJECT
WHEREAS, the City of Newark (City) is a member of the Alameda County Urban County and, as such, is eligible for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds; and
WHEREAS, on June 11, 2020, the City Council adopted Resolution No. 11,067 which authorized the City’s participation in the Urban County for the years 2021, 2022, and 2023 and authorized the City Manager to execute a cooperation agreement with the County of Alameda (County); and
WHEREAS, in 2021, the County issued a Request for Proposals (RFP) for grants associated with HOME-American Rescue Plan (ARP) program funds for affordable housing projects associated with the State of California’s Homekey program. In response, the City submitted a proposal requesting $4,000,000 of HOME-ARP funds associated with the Cedar Community Apartments Homekey project that includes the conversion of an extended stay hotel into 124 units of supportive, affordable housing for extremely low-income households; and WHEREAS, on January 13, 2022, the City Council adopted Resolution 11,303 authorizing the joint application with Allied Housing Inc. for participation in and the subsequent City Council approval and receipt of Homekey grant program funds; and WHEREAS, on January 18, 2022, the County issued a conditional commitment of the requested funds, based upon (among other requirements) a Homekey award from the state. If all requirements are met, the County Board of Supervisors would authorize the HOME-ARP funds through a subrecipient agreement that includes Newark and County requirements for the use and administration of these funds; and
WHEREAS, if a Homekey grant is awarded, and in lieu of a HOME subrecipient agreement, the City and County desire to have the County contract directly with Allied Housing Inc. for the use of the conditionally committed HOME-ARP funds. This arrangement would reduce the HOME subrecipient agreement administrative burden between the City and County and streamline issuance of HOME-ARP funds directly to the Allied Housing Inc, which would own Cedar Community Apartments and assume subrecipient requirements that would have applied to the city.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby acknowledges and authorizes the preparation of a Home Investment Partnership contract Packet Page 140
between the County of Alameda and Allied Housing Inc. for the Cedar Community Apartments Homekey Project.

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Item D. 11.

DATE 07/28/2022
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 July 28 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 July 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 July 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, and BA.5 have emerged. The BA.5 sub-variant has led to a surge and an increase in hospitalizations across the state and in the county 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 143
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 – Lenka Hovorka, Assistant City Manager
Attachments
AB 361 Resolution July 24
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RESOLUTION NO. xxxx

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 JULY 28 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 145
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 highly contagious Omicron variant has since resulted in several highly contagious sub-variants, including the new BA.5, which has become the dominant strain of COVID-19; and
WHEREAS, due to the presence of the highly contagious Omicron sub-variants, especially BA.5, there has been an increase in hospitalizations within the state; 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
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WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist due to the Delta and Omicron variants of COVID-19; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

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

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. 12.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT Adopt a resolution approving a second amendment to the contractual services agreement between the City and Abbe and Associates to assist with the implementation of commercial organics waste collection and related services and amending the 2022-2024 Biennial Budget and Capital Improvement Plan

RECOMMENDATION
Staff recommends that the City Council approve a resolution authorizing the City Manager to execute a second amendment to the contractual services agreement with Abbe and Associates for Commercial Organics Collection Program Consulting Services and amend the 2022-2024 Biennial Budget and Capital Improvement Plan. The cost for these additional services is $99,260 and can be funded with the City's current accumulated Measure D fund balance.

EXECUTIVE SUMMARY
The City oversees the collection and disposal or diversion of solid waste, recyclables, and organics. State law and the City Municipal Code include requirements for residents and businesses regarding the management of their discarded material including: (1) three-stream collection service (solid waste, recycling, and organics); (2) proper sorting of materials; (3) recycling of construction and demolition debris; and (4) annual reporting to CalRecycle. Approval of this contract modification with Abbe and Associates will allow the City to make necessary improvements in the implementation of these requirements. Through this contract Abbe and Associates will also assist the City with implementing an organics diversion program at Newark Days, bulky waste collection events, and developing a proposed sustainable food ware program.

BACKGROUND
The City previously released a request for proposals for Commercial Organics Collection Program Services and selected Abbe and Associates. The City contracted with Abbe and Associates in February 2017 for a not to exceed amount of $63,400.00.

On April 12, 2018, Council approved the First Amendment to the contract for a new not to exceed amount of $213,400.00. Abbe and Associates has successfully completed the scope of work in the Agreement and the First Amendment. Due to the significant amount of work that needs to be completed in a timely manner related to recycling and organics services, staff recommends a Second Amendment to the agreement to implement the additional related tasks and increasing the contract amount by $99,260.00 for a revised not-to-exceed amount of $312,660.00.

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$99,260.00 for a revised not-to-exceed amount of $312,660.00.

DISCUSSION/ANALYSIS
The proposed Scope of Services associated with the Second Amendment would be as follows:

Organics Collection Service: State law and the City Municipal Code require businesses and multi-family dwellings of five or more units (together referred to as “commercial generators”) to have a three-stream waste service (solid waste, recycling, organics). A commercial generator may be granted a waiver of the requirement to have organics service if they can demonstrate that they generate very little organic waste.

Virtually all commercial generators in the City have solid waste and recycling service.

However, about 40% of the commercial generators (287 accounts) do not have organics service currently. This task will be to contact each of these accounts and conduct site visits to encourage them to set up organics service and provide necessary training. Abbe and Associates will also assist with reporting on the results to CalRecycle.

Construction and Demolition Debris Recycling: State law and the City Municipal Code require that applicable demolition projects recycle 100% of the cement and asphalt concrete as well as other recyclable debris. It appears that these requirements may not be being fully implemented by contractors within the City. Abbe and Associates will assess the current level of implementation and provide recommendations for improvements.

Assistance with City Events: Abbe and Associates will provide staffing to assist with the diversion of organics at Newark Days and with the City’s bulky waste drop off events.

Sustainable Food Ware: In response to concerns expressed by Newark residents and potential benefit towards meeting the City’s trash reduction requirements under the Municipal Regional Stormwater Permit, staff recommends pursuing a sustainable food ware ordinance. Abbe and Associates will assess the costs and benefits of various options and provide recommendations for staff to bring to Council.

FISCAL IMPACT
An amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan is necessary to appropriate an additional $99,260 of Measure D funds for the proposed contractual services with Abbe and Associates.

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 – Lenka Hovorka, Assistant City Manager
Attachments
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Resolution
Agreement and First Amendment
Second Amendment
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT WITH ABBE &

ASSOCIATES FOR COMMERCIAL ORGANICS

COLLECTION PROGRAM CONSULTING SERVICES AND
AMENDMENT OF THE 2022-2024 BIENNIAL BUDGET AND

CAPITAL IMPROVEMENT PLAN
WHEREAS, the City and Abbe & Associates ("Consultant") entered into an Agreement between City and Consultant for Commercial Organics Collection Program Consulting Services effective February 23, 2017 (Agreement); and WHEREAS, pursuant to Resolution No. 10768 the City Council approved an amendment to the Agreement between City and Consultant for Commercial Organics Collection Program Consulting Services effective April 12, 2018 (First Amendment); and WHEREAS, Abbe & Associates have satisfactorily completed the scope of services in the Commercial Organics Collection Program Consulting Services Agreement and First Amendment to the Agreement; and
WHEREAS, a budget amendment is necessary to allocate additional Measure D funding for this scope of activity; and
WHEREAS, the City intends, upon mutual written agreement by both parties to add tasks assisting with completion of the implementation of commercial organics collection requirements of AB 1826 and the development and adoption of a sustainable food ware ordinance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute the second amendment to the Contractual Services Agreement with Abbie and Associates., in a form approved by the City Attorney, to provide assistance with completion of the implementation of commercial organics collection requirements of AB 1826 and the development and adoption of a sustainable food ware ordinance and to increase the not to exceed amount of the Agreement by $98,260.00 for a total not to exceed amount of $312,660.00.

BE IT FURTHER RESOLVED by the City Council of the City of Newark hereby approves an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for the appropriation of $98,260.00 of unallocated fund balance from Fund 215 to expenditure account 215.60.063.631.6221 in fiscal year 2022-2023.

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SECOND AMENDMENT TO THE CONTRACTUAL SERVICES

AGREEMENT BETWEEN THE CITY OF NEWARK AND

ABBE AND ASSOCIATES
This Second Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Abbe and Associates., ("Consultant") dated February 23, 2017 (the “Agreement”), is entered into as of _______ ___, 2022 for the provision of Commercial Organics Collection Program Consulting Services.

RECITALS
WHEREAS, the City and Abbe and Associates ("Consultant") entered into an Agreement between City and Consultant for Commercial Organics Collection Program Consulting Services effective February 23, 2017 (Agreement); and WHEREAS, the City and Consultant amended the Agreement between City and Consultant for Commercial Organics Collection Program Consulting Services effective April 12, 2018 (First Amendment); and
WHEREAS, Consultant has satisfactorily completed the scope of services in the Commercial Organics Collection Program Consulting Services Agreement and First Amendment to the Agreement; and
WHEREAS, the City intends, upon mutual written agreement by both parties to add tasks assisting with completion of the implementation of commercial organics collection requirements of AB 1826 and the development and adoption of a sustainable food ware ordinance.

NOW, THEREFORE, inconsideration of the foregoing recitals and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
(1) Notwithstanding Section 1 of the Agreement, the parties hereby agree to add the additional services to the scope of the Agreement as contained in Exhibit A. (2) Notwithstanding Section 3 of the Agreement, the parties hereby agree to revise the payment schedule of the Agreement to the payment schedule as contained in Exhibit B for a revised not to exceed amount of $312,660.00.

The Second Amendment of the Agreement for Commercial Organics Services has been Packet Page 183
executed by the parties as of the date first set forth above.

City of Newark
David J. Benoun
City Manager
Dated
Attest:
__________________________
Sheila Harrington
City Clerk
Approved as to Form:

Kristopher J. Kokotaylo
City Attorney
Consultant

Ruth Abbe, President
Abbe and Associates
Dated
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Item D. 13.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Second reading and adoption of an Ordinance amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Salaries") to increase the salaries of City Councilmembers and Mayor by ten percent (10%). (Introduced 7/14/2022) Attachments
Mayor and Councilmember Salaries Ordinance revisions
Packet Page 186
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK AMENDING CHAPTER 2.09, CITY COUNCILMEMBERS-COMPENSATION, OF THE NEWARK

MUNICIPAL CODE TO INCREASE THE SALARIES OF CITY COUNCILMEMBERS AND MAYOR BY TEN PERCENT (10%)
WHEREAS, Chapter 2.09 ("City Councilmembers-Compensation") of the Newark Municipal Code provides for the payment of salaries and benefits to Newark City Councilmembers and the Mayor; and
WHEREAS, Section 2.09.010 authorizes the City to pay Councilmembers a salary of one thousand two hundred forty-seven dollars ($1,247) per month; and WHEREAS, said section authorizes the City to pay the Mayor a salary of two thousand seven hundred twenty-seven dollars ($2,727) per month; and WHEREAS, said salaries took effect January 1, 2019; and WHEREAS, City Councilmembers and Mayor have not received an increase in salary since January 1, 2019; and
WHEREAS, the City Council is authorized by Government Code Section 36516 to increase the salary of Councilmembers and the Mayor in an amount not to exceed five percent (5%) per calendar year from the operative date of the last adjustment of salary; and WHEREAS, the City Council is authorized by Government Code Section 36516.1 to pay an elected Mayor salary in excess to that which they receive as a Councilmember; and WHEREAS, at the City Council meetings held on May 26, 2022 and June 23, 2022, City staff presented to the Council regarding the Mayoral and City Council Member salary and benefits; and
WHEREAS, the City Council desires to increase salary of the Councilmembers and Mayor by ten percent (10%) starting January 1, 2023.

NOW, THEREFORE, the City Council of the City of Newark does hereby ordain as follows:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Amendment of Section 2.09.010 the Newark Municipal Code. Subsections (A) and (B) of Section 2.09.010 (“Salary”) of Chapter 2.09 (“City Council”) of Title 2 ("Administration and Personnel") are hereby amended as follows (replacements in double underline; deletions in strikethrough):

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2.09.010 Salary.

A. Pursuant to Government Code Sections 36516 and 36516.5, each councilmember, other than the mayor, shall receive a salary of one thousand two hundred forty-seven dollars one thousand three hundred seventy-one dollars per month commencing January 1, 2019 January 1, 2023.

B. Pursuant to Government Code Section 36516.1, the elective mayor shall receive compensation in the amount of two thousand seven hundred twenty-seven dollars two thousand nine hundred ninety-nine dollars per month commencing January 1, 2019 January 1, 2023.

SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 4. CEQA. Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. Publication and Effective Date. I n a c c o r d a n c e w i t h G o v e r n m e n t C o d e s e c t i o n 3 6 5 1 6 . 5 , this ordinance shall take effect January 1, 2023. Before expiration of fifteen (15) days after its passage, this ordinance shall be published in the Tri-City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.

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Item F. 1.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Anne Stedler, Economic Development Manager
SUBJECT Adopt a Resolution approving the Agreement between the Newark Chamber of Commerce and the City of Newark in an amount not to exceed $230,500 and authorizing an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2023 to appropriate American Rescue Plan Act (ARPA) funding of $230,500 for the Chamber Agreement and $25,000 for the Chamber CEO Executive Recruiter for a total appropriation of $255,500.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Agreement between the Newark Chamber of Commerce and the City of Newark in an amount not to exceed $230,500 and authorizing an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2023 to appropriate American Rescue Plan Act (ARPA) funding of $230,500 for the Chamber Agreement and $25,000 for the Chamber CEO Executive Recruiter for a total appropriation of $255,500.

EXECUTIVE SUMMARY
The City of Newark values the Newark Chamber of Commerce (the “Chamber”) and historically provided financial and non-financial (in-kind) support to the Chamber. In addition, the adopted Economic Development Element of the General Plan includes provisions directing partnership and collaboration with the Chamber. There is a long tradition of collaboration on the well-received annual State of the City luncheon and speech, and more recent collaboration on in-person outreach for GiftNewark and pandemic-related small business webinars.

However, the Chamber’s impact and value was markedly diminished in recent years despite increasing numbers of businesses moving into Newark. In 2020, the Chamber lacked funds to attract and hire a CEO after the retirement of the immediate past CEO.

This is a threat to the Chamber’s survival because Chamber leadership is a sophisticated skill set and a volunteer Chamber board cannot replace a capable, compensated CEO and administrative staff. In addition to this local threat, chambers across the country are challenged to find a relevant role and build financial support from business constituents. The specter of a closed Chamber is real for lack of a relevant role and funding.

Even with these difficulties, the City wants to encourage and support a strong Chamber. Chambers are unique in their ability and role to serve the business Packet Page 189
community, often leading initiatives that are critical to business, and amplifying economic development efforts. This is important to the City and community because business well-being contributes jobs and tax revenue to the local economy and to city services and sustainability. Since the Chamber can be a proactive advocate and partner for the business community, the City has always been prepared to invest funds and effort in partnership with the Newark Chamber.

At this time, there are two clear opportunities to address current challenges facing the Newark Chamber. First, we may learn from the Bend, Oregon Chamber of Commerce, as one model of a modern chamber that has successfully met the challenges of relevancy and funding. The Bend Chamber CEO talks regularly with Bend businesses to learn their concerns. Then it selects specific initiatives to address those concerns and bring improvements to the business community. The initiatives are so important that Bend businesses have increased their financial support, exceeding chamber membership levels. To further strengthen its own finances, the Bend Chamber sells health insurance to businesses. Externally, to the community, the Chamber is recognized as a leader. Internally, they function with clear roles for the chamber board of directors and the essential, appropriately skilled CEO and administrative staff. Bend has clearly replaced the traditional chamber with a modern, relevant, self-funded chamber.

The second opportunity that can help “re-start” the Newark Chamber is one-time American Rescue Plan Act (“ARPA”) federal funding, designated by Congress for investment in local governments and communities following the COVID-19 pandemic.

Recognizing this rare opportunity, on October 28, 2021 the Newark City Council designated $280,000 of Newark’s ARPA funds for the Chamber Capacity Building Project. Staff recommends two specific expenditures for the designated funds: 1) $230,500 for initial compensation of the Newark Chamber CEO and administrative staff through the proposed agreement with the Chamber and 2) $25,000 to retain an executive recruiter for the Chamber CEO position. ARPA funds are limited and non-renewable but can provide critical money for CEO and administrative staff compensation, building Chamber capacity as a relevant, local organization for the rapidly growing and competitive Newark business community. These two expenditures total $255,500 and will leave $24,500 unappropriated out of the original $280,000 designation, which can be used to support Chamber needs that are not yet identified.

The Chamber “re-start” and capacity building project are essentially start-up efforts that 1) mobilize the Chamber as a functioning organization and 2) develop business community support and funding over time. Both are evolving processes, and it is uncertain how quickly and how much the business community will support the Chamber. Although City support, especially the ARPA contribution, is essential to a “re-start,” the City cannot and does not wish to be the Chamber’s primary funding source. The proposed $230,500 ARPA contribution would last about eighteen (18) months based on current CEO compensation estimates alone, or about 14 months for both CEO and one full-time administrative staff. Considering these facts, the Chamber needs additional near-term funding through non-city sources as well as mid- and long-term funding through initiatives and accomplishments that the business community funds over time. Therefore, the proposed agreement between the Chamber Packet Page 190
and the City includes flexibility and constructive decision-making for those things neither the Chamber nor the City can know today, but which evolve in real time under skillful, proactive CEO leadership.

BACKGROUND
City Support Overview and Initial Chamber Expectations
Prior City Support for the Newark Chamber. From 2016 to 2020 the City provided the Newark Chamber $30,000/year in funds, plus in-kind support that included office facilities and computer and phone equipment. The pattern of support existed in prior years, too. In return, the Chamber organized and hosted the annual, well-received State of the City luncheon. The City provided technical support for the State of the City presentation and many community stakeholders and City staff attended this event.

Board Preparation, Part 1. Newark’s Chamber Board of Directors are volunteers who dedicate time to the organization, in addition to running their own business or managing their professional obligations. Substantive, impactful Board training is clearly essential to support their volunteer investment and responsibility directing one of Newark’s most important non-profits.

To prepare the Newark Chamber Board members for transformation to a new chamber model, City staff retained Bend Chamber CEO Katy Brooks of KB Strategies. The Bend Chamber came to staff’s attention in early 2020 through a search for expertise in building successful and financially independent Chambers. In that search, Ms. Brooks was identified as “one of the best [Chamber executives] on the west coast.” Preparation for the Newark Chamber Board was structured in a two-part Contractual Service Agreement (CSA) with KB Strategies. The first part was an initial $7,000 CSA executed in February 2022. It allowed the consultant to meet with the Newark Chamber Board regularly to explain the Bend Chamber’s work as a reference, to address duties and responsibilities of the Board, and to describe the scope and value of the proposed Newark Board training, forecasting the work ahead. The CSA also required the consultant to conduct stakeholder interviews with Newark business executives to identify common business concerns that will guide the Chamber’s first relevant initiatives. Findings from five companies are summarized in Attachment B with the potential Chamber initiative defined. The remaining five company interviews will be completed during August 2022.

Board Preparation, Part 2. Using the needs identified in the stakeholder interviews and her understanding of the Newark Chamber, Ms. Brooks wrote the attached CEO position description (Attachment C). The description requires a candidate willing to launch a ‘start-up,’ to achieve key initiatives identified in the business stakeholder interviews, guide the Chamber’s evolution to full operations and self-funding, and form collaborative working partnerships to get initiatives done.

Board Preparation, Part 2 included a 1.5-day Board Training in Bend, Oregon. The Packet Page 191
training location allowed Newark Chamber volunteers to see the Bend Chamber’s impact (the visible results of new buildings, new funding, and new government regulations for which the Bend Chamber advocated) and observe the partner relationships and board and CEO roles that have made the Bend Chamber successful.

The training included an extensive briefing on all aspects of chamber operations:
membership, board and CEO roles, fundraising, marketing and social media, tough conversations about funding, legislative advocacy, and the reasons and by-laws for 501(c)(6) and 501(c)(3) organizations. It included examples of the chamber as a convener, partner, facilitator to advocate for business-related solutions and opportunities, and as a forum to develop talent and professional growth in the business community. This broad training allows the Newark Chamber Board to choose small first steps to “re-start” with knowledge of the Chamber’s role and long-term potential. The consultant then compiled the training materials, along with a draft business plan and budget template specific to the Newark Chamber.

This second part of the consultant contract was authorized by an amendment to the KB Strategies CSA in the amount of $42,500, for a total contract of $49,500 signed under the City Manager’s authority.

The plan to support a new Chamber model that is 1) relevant to businesses and can become financially successful, 2) includes start-up funding that enables the recruitment and hiring of new CEO and administrative staff, and 3) provides training for the Chamber’s committed volunteer board, could remove the specter of a closed Chamber.

If the uncertain and evolving start-up phase over the next two-to-three years is supported by proactive and sustained partnerships with the Chamber, the business community and City, the Chamber may become capable of things the City cannot do itself, and which substantially help the business community.

Terms of the proposed Agreement that address a sustained, multi-year “re-start” are addressed in the following section.

DISCUSSION/ANALYSIS
For the last five years, the Bend Chamber has led the Bend business community in significant initiatives so important to businesses that Bend Chamber members have stepped-up with increased financial support. This success with initiatives and fundraising is rooted in specific practices that are included within the proposed agreement between the Chamber and the City (Attachment A).

Defined Chamber Role. Following the Bend Chamber example, the agreement requires the Newark Chamber to convene business peers to advise the City and other policymakers on various matters and by implementing the following actions including:

Actively, regularly talking with businesses and identifying critical issues they have in common.

Assessing and acting on the impact and importance of legislation, policy and current issues and challenges to businesses.

Amplifying economic development efforts that support businesses; and, Functioning as a voice of business, a convener, and a partner not only to the City Packet Page 192
Functioning as a voice of business, a convener, and a partner not only to the City but to other institutions and organization.

The Chamber would be unique in its ability to speak for businesses at large and partner to help achieve collective business goals. Those roles cannot be performed by a City, for example, and they are not the purview of any other organization.

Financial Standards and Reports. The Chamber’s financial house must be in order.

Standard financial reporting, including preparation and City review of monthly financial statements and tax filings would be required, as well as clear communication and effective financial accountability and disclosure with the Board, members, partners, and the business community at large. The City would advance ARPA funds only when financial standards listed in Attachment A are provided with verification.

Business Plan and Progress Reports. The Business Plan is the Chamber’s written plan and tracking tool for all work. It was approved by the Newark Chamber Board on July 11, 2022 to address critical functions before the CEO’s start date. The CEO is required to submit a comprehensive Business Plan following extensive business-leader interviews within 90 days of CEO start date, with Board approval. The Business Plan shall be kept current and progress on goals and status shall be submitted to the City's Community Development Director (Director) including progress and targets for raising funds from non-City sources, Chamber members, and sponsors that broaden the Chamber’s ties to the business community. Business Plan reports are required monthly for the first year and every sixty-days thereafter until the Agreement terminates.

ARPA Payments. The City would make quarterly advances of ARPA funds based on invoices received from the Chamber for the sole purpose of CEO and other staff/contractor’s compensation. Payments can be made only if the Chamber has met requirements listed in Attachment A of the Agreement. Quarterly payments would be based on three months compensation for the CEO and other staff, in an amount of approximately $12,500/month. Since this is an initial estimate, the Chamber and Director may agree in writing to adjust the quarterly payments, within a total “not-to-exceed” amount of $230,500. The Chamber would document each use of an advance within ten days of any expenditure by providing written documentation to the Director.

ARPA Regulations. ARPA regulations allow payments to the Chamber to be spent over a multi-year period. The need for ARPA funds will be most critical during the first year while the new CEO establishes a track record that inspires the private sector to help fund the Chamber’s relevant work.

Termination. Either party (the City or Chamber) may cancel the agreement with 30-days notice to the other, but both are subject to a dispute resolution clause designed to settle concerns and continue the important work of building a modern, relevant chamber. However, in the unexpected event of a termination, any portion of a City funding advance that remains unspent upon notice of termination must be returned to the City unless specific arrangements are made in writing by the Director and the Packet Page 193
Chamber.

Term. The agreement ends when the last ARPA advance is fully expended, those expenses are fully reported, and the progress on the business plan during the period of those expenditures is reported to the Director.

Specific Initiatives. The Chamber has historically hosted the time-honored State of the City event. In addition, it arranged ribbon cuttings to gain membership, and significantly participated in small business webinars and GiftNewark.com outreach.

These things and others like them are important, but by themselves they will not “re-start” the Chamber, and by themselves they are unlikely to attract significant corporate support. Therefore, the proposed Agreement permits rather than requires such special initiatives. It requires clear, monthly performance on operational practices, relevant business-responsive initiatives, and a financially sustainable chamber.

Budget Amendment
The proposed Agreement between the Chamber and the City for $230,500, and the proposed CSA for an Executive Recruiter for $25,000 are a total obligation of $255,500.

Staff recommends Council authorize a budget amendment to provide these funds by adopting the attached Resolution.

FISCAL IMPACT
ARPA funds are proposed for these one-time costs. There is no direct cost to the General Fund, and no ongoing obligations are anticipated. The proposed amendment to the 2022-24 Biennial Budget and Capital Improvement Plan for FY 2023 is:

Increase 382.50.051.510.6220 (Economic/Public Assistance) $255,500 Decrease 382 3000 (Other Federal Grants and Awards) $255,500 REVIEW AND APPROVAL
Prepared by – Anne Stedler, Economic Development Manager Reviewed by – Steven Turner, Community Development Director Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – Lenka Hovorka, Assistant City Manager
Attachments
Resolution Chamber Re-Start
Attachment A - Agreement
Attachment B - Stakeholder Interview Report
Attachment C - CEO Job Description
Presentation
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RESOLUTION NO

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK

APPROVING THE AGREEMENT WITH THE NEWARK CHAMBER
OF COMMERCE FOR THE CHAMBER “RE-START” IN AN

AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND
AND FIVE HUNDRED DOLLARS ($230,500) AND AUTHORIZING
AN AMENDMENT TO THE 2022-24 BIENIAL BUDGET FOR FY
2023 TO APPROPRIATE AMERICAN RESCUE PLAN ACT (ARPA)
FUNDING OF $230,500 FOR THE AGREEMENT WITH THE
NEWARK CHAMBER OF COMMERCE AND $25,000 FOR AN

EXECUTIVE RECRUITMENT OF THE CHAMBER CEO FOR A
TOTAL APPROPRIATION OF $255,500
WHEREAS, the goals, policies and actions stated in the approved Economic Development Element (the “Element”) of the General Plan direct the City to actively partner and work with the Newark Chamber of Commerce for the common goal of supporting the Newark business community; and WHEREAS, the Element supports a strong, independent chamber of commerce in Newark; and WHEREAS, many recent circumstances require a “Re-Start” for the Newark Chamber of Commerce that defines its near-term business plan, the expertise needed by a Newark Chamber CEO and administrative staff to carry out that work program, and the organizational mobilization required of the Chamber; and
WHEREAS, the goal for the Chamber “Re-Start” is to identify and implement work that benefits the Newark business community, is directly relevant to collective business needs, but which cannot be accomplished except through collective effort; and
WHEREAS, collective work to benefit the Newark business community provides a reason for businesses themselves to invest and participate in the Chamber’s work; and WHEREAS, the amount of funding designated in the Agreement between the Newark Chamber and the City for the “Re-Start” is $230,500; and
WHEREAS, the $230,500 is expected to provide seed funding to compensate a new CEO and additional staff needed to carry out the Chamber “Re-Start” work plan; and WHEREAS, the City of Newark seeks to provide an executive recruiter to identify candidates for the Chamber CEO position at an estimated cost of $25,000; and WHEREAS, the City Council adopted Resolution 11275 on October 28, 2021, approving the American Rescue Plan Act (“ARPA”) Recovery Plan, and designating $280,000 over a multi-year period for the Chamber of Commerce Capacity Building Project, which amount will fund both the proposed Chamber Agreement and the executive recruiter.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby:

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(1) Approve the agreement with the Newark Chamber of Commerce for the Chamber “Re-Start” for an amount not-to-exceed $230,500 and authorizes the City Manager to execute the agreement in substantive form attached hereto and incorporated herein by reference as approved to form by the City Attorney.
(2) Appropriates $230,500 of the City of Newark ARPA Recovery Plan funds for the agreement with the Newark Chamber of Commerce for the Chamber “Re-Start.” (3) Appropriates $25,000 of the City of Newark ARPA Recovery Plan funds for an executive recruitment for the Chamber of Commerce CEO.

BE IT FURTHER RESOLVED that the City Council does hereby approve an amendment to the 2022-24 Biennial Budget and Capital Improvement Plan for fiscal year 2023 as follows:

Increase 382.50.051.510.6220 Economic/Public Assistance $255,500 Decrease 382 3000 Other Federal Grants and Awards $255,500 Packet Page 196
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Item F. 2.

DATE 07/28/2022
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT Adopt a resolution approving and authorizing the City Manager to execute a Side Letter Agreement to extend the Memorandum of Understanding between the City of Newark and the Newark Police Association (NPA).

RECOMMENDATION
Staff recommends that the City Council, by resolution, approve and authorize the City Manager to execute a Side Letter Agreement between the City of Newark and Newark Police Association to extend the Memorandum of Understanding with the Newark Police Association.

EXECUTIVE SUMMARY
The current memorandum of understanding (“MOU”) between the City of Newark and the Newark Police Association (“NPA”) expires on June 30, 2023. The City Council recently adopted updated terms and conditions of employment for the other four employee groups within the City. The City extended similar terms and conditions to the NPA, in order to preserve parity across City employee groups and achieve labor sustainability. The NPA accepted these terms and staff recommends City Council approval of a Side Letter Agreement to extend the NPA MOU.

BACKGROUND
On June 23, 2022, the City Council approved and adopted Memoranda of Understanding (“MOUs”) with the two other represented employee associations within the City, and Compensation and Benefit Plans (“Plans”) for the two unrepresented employee groups. The MOUs and Plans included similar salary and benefit terms.

The NPA MOU does not expire until June 30, 2023. However, in the spirit of parity and with the interest of maintaining positive and sustainable employee relations with all employee groups, the City offered terms similar to the June 23, 2022 City Council approved MOUs and Plans to the NPA for consideration. As a result, the City and NPA have agreed to an extension of the current MOU with new terms as outlined below.

DISCUSSION/ANALYSIS
The following is a summary of the new terms recommended for approval in the Packet Page 244
The following is a summary of the new terms recommended for approval in the proposed Side Letter Agreement. The amended terms reflect parity with terms recently adopted for the other four employee groups, as well as certain market equity adjustments similar to those adopted for other groups. The proposed Side Letter Agreement is consistent with authority provided by the City Council and provides fiscal certainty for three years. The members of NPA ratified the terms described below on July 20, 2022.

The term is extended for an additional two years, for a new term of July 1, 2019 through June 30, 2025.

General Salary Increase and Other Compensation:
• A four percent (4.0%) general salary increase on July 1, 2022, and three percent (3.0%) general salary increases on July 1, 2023, and July 1, 2024 for a cumulative ten percent (10.0%) general salary increase for the remaining three-year span of the MOU.

Cafeteria Plan for Medical, Dental and Vision Insurance:
• An increase of 2% per future calendar year to the City’s contributions to each eligible NPA employee’s cafeteria plan for use towards medical, dental and vision insurance, as well as pro-ration of the plan benefits for regular, permanent staff working less than 30 hours per week, amounts equal to the following:

Effective for the 2023 plan year:

For Regular Full-Time and Regular Part-Time 30-35 hour Employees:

Employee Only: $896
Employee + 1 Dependent: $1,7590
Employee + 2 or more Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent: $895-$1,119
Employee + 2 or more Dependents: $1,182-$1,478
Effective for the 2024 plan year:

For Regular Full-Time and Regular Part-Time 30-35 hour Employees:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent: $913-$1,141
Employee + 2 or more Dependents: $1,206-$1,507
Effective for the 2025 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour Employees:

Employee Only: $932
Packet Page 245
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee + 2 or more Dependents: $1,230-$1,537
Certificate Incentive Pay:
• Certificate Incentive Pay is amended from a flat-dollar rate to a percentage rate, as follows:

Effective July 1, 2022, Certificate Incentive Pay for sworn personnel will be:

P.O.S.T. Intermediate Certificate 5% of base compensation per month P.O.S.T. Advanced Certificate 7% of base compensation per month Effective July 1, 2022, Certificate Incentive Pay for dispatch personnel will be:

P.O.S.T. Intermediate Certificate 2.5% of base compensation per month P.O.S.T. Advanced Certificate 3.5% of base compensation per month Holiday-In-Lieu Pay
• Effective July 1, 2022, the compensation in-lieu pay will increase from 5% to 7% of base pay step.

Special Assignment Pay
•    Effective July 1, 2022, Special Assignment Pay for Police Officers and Sergeants assigned to one of the following positions shall be increased from $425 per month to 5% of base pay step:
•    School Liaison Officer
•    School Resource Officer
•    Training Officer
•    Detective
•    Canine Handler
•    Motor
•    Special Enforcement Team
•    Any other position approved by the Police Chief
Other Miscellaneous Revisions:
•    Longevity pay is amended to include sworn service time at outside law enforcement agencies.
•    Amendment to tuition reimbursement to allow excess annual funds to be used for individual claims above the employee limit, if funds remain at the end of the fiscal year. •    Increase bereavement leave for the loss of a child. •    Amendment to the process for vacation and compensatory time cash out. •    Various non-economic amendments to provide consistency with other City policies and procedures.

FISCAL IMPACT
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FISCAL IMPACT
The total fiscal impact of the terms and conditions of the Side Letter Agreement to extend the MOU between the City of Newark and the NPA is estimated at $2 million for all three fiscal years, 2022-23, 2023-24, and 2024-25.

REVIEW AND APPROVAL
Prepared by – Jen Solito, Human Resources Director
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – Lenka Hovorka, Assistant City Manager
Attachments
NPA Side Letter Agreement Resolution
Side Letter Agreement
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A SIDE LETTER

AGREEMENT BETWEEN THE CITY OF NEWARK AND THE

NEWARK POLICE ASSOCIATION, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SIDE LETTER AGREEMENT;
AND APPROVING AN AMENDMENT TO THE CITY’S

SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5.

WHEREAS, the current Memorandum of Understanding between the City of Newark (the “City”) and the Newark Police Association (“NPA”) expires on June 30, 2023; and
WHEREAS, on June 23, 2022 the City approved successor Memoranda of Understanding with two other represented employee groups and Compensation and Benefit Plans for two unrepresented employee groups, with terms of July 1, 2022 - June 30, 2025; and
WHEREAS, in order to preserve positive employee relations, provide fiscal certainty, and achieve parity across employee groups, the City offered similar salary and benefit terms to the NPA through a side letter agreement to extend the current Memorandum of Understanding; and
WHEREAS, the representatives of the City and NPA have reached agreement to extend the current Memorandum of Understanding (the “MOU”) through June 30, 2025.

The side letter is attached hereto and incorporated herein by this reference as Exhibit A (the “Side Letter Agreement”); and
WHEREAS, NPA ratified the Side Letter Agreement as of July 20, 2022; and WHEREAS, the City Council finds that the terms and conditions of the Side Letter Agreement are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves and adopts a Side Letter Agreement, effective July 1, 2022, amending and extending the NPA MOU, through June 30, 2025 upon the terms and conditions stated therein, and authorizes the City Manager to execute the Side Letter Agreement, in a form approved by the City Attorney, and to take such further actions as may be necessary to implement the Side Letter Agreement including any necessary nonsubstantive modifications.

BE IT FURTHER RESOLVED that if any provisions contained herein are found Packet Page 248
to be in conflict with provisions of any other previous resolutions, the provisions herein shall prevail.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the Side Letter Agreement, effective July 1, 2022. 5160593.1
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CITY OF NEWARK, CALIFORNIA
To: Newark Police Association (NPA) Executive Board
From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: July 21, 2022
This will serve as a side letter to the City of Newark (City) and the Newark Police Association (NPA) July 1, 2019 - June 30, 2023 Memorandum of Understanding (MOU).

The purpose of this side letter is to extend the MOU and amend certain terms and conditions of employment. This side letter will become effective upon approval by the City Council.

The City recently negotiated successor MOUs with two other represented employee associations, and amended terms impacting the two unrepresented employee groups. These terms were adopted by the City Council on June 23, 2022. The NPA MOU does not expire until June 30, 2023. The City and NPA desire to extend the MOU upon similar terms were provided for the other represented employee associations.

As a result, the City and NPA have agreed to an extension of the current MOU and amended terms, reflecting parity and market equity adjustments consistent with those adopted for other City employee groups.

The City and NPA agree to the following amendments to the MOU with revisions in redline:
-Title Page of MOU:

Memorandum of Understanding
Between City of
Newark and
Newark Police Association
July 1, 2019
Through
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June 30, 2025
Adopted July 11, 2019
Revised
June 25, 2020
Revised
July 28,
2022
- Section I of MOU:

I. TERM
This agreement shall be in effect from July 1, 2019 through June 30, 2025. - Section IV of MOU:

IV. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of salary and benefit survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

During fiscal year 2022-2023, the City will conduct a Classification and Compensation Study.

The Study will include a review the designated labor market, and agree to meet and confer on any proposed changes. The Classification portion will include updating all job classifications to reflect current duties. The Compensation portion will include conducting a Total Compensation Survey for all Association classifications. Implementation of equity adjustments based on the Study will be subject to meet and confer with the Association. - Section V.2 of MOU:

V. SALARY INCREASE

2. General Salary Increase
The salary ranges for all classifications represented by the Association shall be increased as follows:
a. Effective July 1, 2019, salary increase shall be one and onehalf percent (1.5%). b. Effective July 1, 2021, salary increase shall be one and one- half percent (1.5%). If by January 1, 2021, the City's revenues for Fiscal Year 21/22 are projected to be at least $1,250,000 less than actual revenues for Fiscal Year 20/21, at the request of the City, the parties agree to re-open
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negotiations on 1.5% increase scheduled for the July 1, 2021. c. Effective July 1, 2022, salary increase shall be four percent (4.0%).
d. Effective July 1, 2023, salary increase shall be three percent (3.0%).
e. Effective July 1, 2024, salary increase shall be three percent (3.0%).
- Section VI.C and D of MOU:

VI. HEALTH AND WELFARE PROGRAM
C. Effective for the 2020 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $844
Employee + 1 Dependent: $1,687 Employee +
2 or more Dependents: $2,228
Effective for the 2021 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $861
Employee + 1 Dependent: $1,721 Employee +
2 or more Dependents: $2,273
Effective for the 2022 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $878
Employee + 1 Dependent: $1,755 Employee +
2 or more Dependents: $2,318
Effective for the 2023 plan year, the City shall contribute to each eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $896
Employee + 1 Dependent: $1,790
Employee + 2 or more Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent: $895
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Employee + 2 or more Dependents: $1,182-$1,478
Effective for the 2024 plan year, the City shall contribute to each eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent: $913-$1,141
Employee + 2 or more Dependents: $1,206-$1,507
Effective for the 2025 plan year, the City shall contribute to each eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee + 2 or more Dependents: $1,230-$1,537
D. Cash Back / Cash in Lieu of Benefits:

1. Cash-In-Lieu: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive $450 per month “cash-in-lieu” of benefits, which includes the PEMCHA minimum per section A above.

2. Cafeteria Plan Cash-Back: Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to $450 per month of any money not used for the purchase of employer offered benefits. Any “cash-in-lieu” and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working 30-35 hours the “cash-in-lieu” and “cash back’ amount will be $338-$394. For Regular Part-Time Employees working 20-25 hours the “cash-in-lieu” and ‘cash back” amount will be $225-$281.
- Section VIII.K of MOU:

VIII. VACATION LEAVE
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K. Effective July 1, 2017, upon using one-half of the vacation time accrued during the 12- month period from July 1 through June 30, a regular full- time employee may request to receive pay for up to a total of sixty (60) hours per fiscal year of vacation, forty-five (45) to fifty-two and a half (52.5) hours for 30-35 hour employees, and thirty (30) to thirtyseven and a half (37.5) hours for 20-25 hour employees in hourly increments at the current hourly salary rate provided there is a minimum of one (1) week (40 hours) remaining in the employee’s vacation bank after the conversion. Requests for vacation buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15.

For calendar year 2022 only, the total amount of vacation eligible for buy-back will be increased one time to 100 hours for regular full-time employees, 85 to 92.5 for 30-35 hour employees, and 70 to 77.5 for 20-25 hour employees.

Effective November 2022 - By December 1 of each calendar year, eligible employees who want to cash out accrued vacation leave in the following calendar year shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: The employee may cash out up to 80 hours of vacation. • For regular 30-35 hour part-time employees: The employee may cash out up to 60-70 hours of vacation.
• For regular 20-25 hour part-time employees: The employee may cash out up to 40-50 hours of vacation.
• Employees must have the equivalent of one regular work week remaining in vacation accruals at the time of cash out.
• Employees must submit their Vacation Buy-Back Request Form to Payroll by December

1. This is an irrevocable election by the employee.

For example, to buy back vacation leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, how many hours they want to buy back. Employees must further ensure they will have at least one work week of vacation accruals remaining at the time of the buy back which will occur in December 2023. The buy back will be paid out in the last full pay period of December 2023, which is December 29, 2023.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation buyback program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the vacation buy-back program. - Section XI.C.1 of MOU:

XI. OTHER LEAVES
C. Bereavement Leave

1. Regular full-time employees represented by the Association may be granted up to a maximum of 40 hours of bereavement leave where there has been a death of a husband, wife, son, daughter, stepson, stepdaughter, sister, brother, mother, father, stepmother, stepfather, grandparent, grandchild, mother-in-law, father-in-law, grandparent-in- law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of an employee in order that the employee may attend last rites and attend to any pressing matters resulting from the death.

Effective July 1, 2022, up to 80 hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

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- Section XII.A of MOU:

XII. HOLIDAYS
A. Regular full-time employees in the classifications of Police Officer, Police Sergeant, and Public Safety Dispatcher / Lead Public Safety Dispatcher shall receive as compensation in- lieu of holidays an amount equal to 5% of his/her current base pay step, which in-lieu payment shall be paid each pay period. The in-lieu compensation factor of 5% shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except his/her current base pay step.

Effective July 1, 2022 the in-lieu compensation factor will increase to from 5% to 7%. - Section XIV of MOU:

XIV. CERTIFICATE INCENTIVE PAY
The City shall provide the following Certificate Incentive Pay for sworn personnel represented by the Association who receive a California P.O.S.T. Intermediate or Advanced Certificate:

A. Effective July 1, 2019, Certificate Incentive Pay will be:

P.O.S.T. Intermediate Certificate $460 per month
P.O.S.T. Advanced Certificate $650 per month
Effective July 1, 2020, Certificate Incentive Pay will be:

P.O.S.T. Intermediate Certificate $480 per month
P.O.S.T. Advanced Certificate $685 per month
Effective July 1, 2021, Certificate Incentive Pay will be:

P.O.S.T. Intermediate Certificate $500 per month
P.O.S.T. Advanced Certificate $725 per month
Effective July 1, 2022, Certificate Incentive Pay will be:

P.O.S.T. Intermediate Certificate 5% of base compensation per month P.O.S.T. Advanced Certificate 7% of base compensation per month The effective date for payment of educational incentive pay shall be the payroll period immediately following the date on the P.O.S.T. certificate.

The provision of educational incentive pay is not intended as an inducement or directive to employees to conduct personal education programs beyond the programs required and/or provided by the City. The course work is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

B. Effective July 1, 2019, Certificate Incentive Pay for dispatch personnel will be:

P.O.S.T. Intermediate Certificate $120.00 per month
P.O.S.T. Advanced Certificate $200.00 per month
Effective July 1, 2020,
Packet
Certificate
Page
Incentive Pay for dispatch personnel will be:
255
P.O.S.T. Intermediate Certificate $160.00 per month
P.O.S.T. Advanced Certificate $250.00 per month
Effective July 1, 2021, Certificate Incentive Pay for dispatch personnel will be:

P.O.S.T. Intermediate Certificate $200.00 per month
P.O.S.T. Advanced Certificate $300.00 per month
Effective July 1, 2022, Certificate Incentive Pay for dispatch personnel will be:

P.O.S.T. Intermediate Certificate 2.5% of base compensation per month P.O.S.T. Advanced Certificate 3.5% of base compensation per month The effective date for payment of educational incentive pay shall be the payroll period immediately following the date on the P.O.S.T. certificate.

XV. OVERTIME
C. Compensatory Time Off
Accumulation of compensatory time off shall be limited to 160 hours and shall only be available in accordance with federal regulations implementing the Fair Labor Standards Act. When an employee reaches the maximum accumulation of 160 hours, the employee shall receive overtime pay for time worked in excess of the regularly assigned shift.

Compensatory time accrual may be cashed-out for up to 80 hours per fiscal year. Cash out will be in November and April of the fiscal year.

The Association and the City agree to meet and confer prior to December 31, 2022 to develop a process related to the cash out of compensatory time. The new process will be implemented in calendar year 2023 with the goal to comply with constructive receipt requirements in calendar year 2023.
- Section XIX.B of MOU:

XIX. TUITION FEES AND BOOK COSTS REIMBURSEMENT
B. The City shall establish a fund of $15,000 which shall be the City's total obligation for financing tuition fees and book costs incurred for courses completed Packet Page 256
within each
fiscal year of this Memorandum of Understanding by the employees represented by the Newark Police Association. Reimbursement to individual employees shall not exceed $1,500 per employee per fiscal year. Should monies remain in the fund at the end of the fiscal year, the funds will be distributed equitably among employees that had eligible expenses beyond the $1,500 per employee limit, up to their maximum expense incurred. Reimbursements taxable under the IRS will be taxed to comply with IRS regulations.
- Section XXII of MOU:

XXII.LONGEVITY PAY
A. Effective July 1, 2019 the regular full-time employees in the classifications of Police Officer and Police Sergeant are eligible for longevity pay as follows:

Upon commencement of 10 years of service 2.5% salary increase Upon commencement of 15 years of service 5.0% salary increase Upon commencement of 20 years of service 7.5% salary increase Longevity pay is computed on base compensation only. The maximum longevity pay premium is 7.5% of salary for employees in the classifications of Police Officer and Police Sergeant.

B. For service to meet the requirements of longevity pay, it must meet all of the following criteria:
• Full-time sworn classifications represented by the City of Newark Police Association, including probationary time through June 30, 2022.

Effective July 1, 2022, full-time sworn service in the classifications of Police Officer, Police Corporal, Police Sergeant, Police Lieutenant, Police Commander, Police Captain, and/or similar sworn position; in a public sector agency, including probationary time; and
• Continuous service or service that qualifies under reinstatement procedures; and
• Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation, or other protected leaves per state or federal law.
- Section XXIII.D of MOU:

XXIII. SPECIAL ASSIGNMENT PAY
D. Effective July 1, 2019, Police Officers and Sergeants assigned to one of the following positions shall receive special assignment pay of $425 per month:
• School Liaison Officer
• School Resource Officer
• Training Officer
• Detective
• Canine Handler
• Motor
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• Special Enforcement Team
• Any other position approved by the Police Chief
Effective July 1, 2022, Police Officers and Sergeants assigned to one of the above listed positions shall receive special assignment pay of 5% of base compensation per month.

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Attachment A.2
Effective July 1, 2022 *Monthly salaries are based on a 40-hour workweek for non-sworn NPA employees.

Salaries listed for sworn NPA employees are monthly salaries for workweeks as defined in MOU.

ANIMAL CONTROL OFFICER $7,076.95 $7,430.79 $7,802.33 $8,192.45 $38.89 $40.82 $42.86 $45.01 $47.22
COMMUNITY SERVICE OFFICER $6,816.43 $7,157.25 $7,515.11 $7,890.87 $8,285.41 $39.32 $41.29 $43.35 $45.52 $47.80
LEAD PUBLIC SAFETY DISPATCHER $8,261.62 $8,674.71 $9,108.44 $9,563.86 $10,042.06 $47.66 $50.05 $52.55 $55.18 $57.93
POLICE OFFICER $9,310.30 $9,775.81 $10,264.60 $10,777.83 $11,316.73 $53.72 $56.40 $59.22 $62.18 $65.29
POLICE RECORD SUPERVISOR $7,379.64 $7,748.62 $8,136.06 $8,542.86 $8,970.00 $42.58 $44.71 $46.94 $49.29 $51.75
POLICE SERGEANT $11,077.57 $11,631.45 $12,213.02 $12,823.67 $13,464.86 $63.91 $67.10 $70.46 $73.98 $77.68
PUBLIC SAFETY CLERK $6,414.31 $6,735.03 $7,071.78 $7,425.37 $7,796.64 $37.00 $38.85 $40.80 $42.84 $44.98
PUBLIC SAFETY DISPATCHER $7,649.66 $8,032.14 $8,433.75 $8,855.43 $9,298.21 $44.13 $46.33 $48.65 $51.08 $53.64
RED LIGHT PHOTO ENFORCEMENT $6,540.62 $6,867.65 $7,211.04 $7,571.59 $7,950.17 TECHNICIAN $37.73 $39.62 $41.60 $43.68 $45.86
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Attachment A.3
Effective July 1, 2023 *Monthly salaries are based on a 40-hour workweek for non-sworn NPA employees.

Salaries listed for sworn NPA employees are monthly salaries for workweeks as defined in MOU. Listed salaries are subject to change pursuant to negotiated equity adjustments.

ANIMAL CONTROL OFFICER $6,942.15 $7,289.25 $7,653.72 $8,036.40 $8,438.22 $40.05 $42.05 $44.16 $46.37 $48.68
COMMUNITY SERVICE OFFICER $7,020.92 $7,371.97 $7,740.57 $8,127.60 $8,533.98 $40.50 $42.53 $44.65 $46.89 $49.23
LEAD PUBLIC SAFETY DISPATCHER $8,509.47 $8,934.95 $9,381.69 $9,850.78 $10,343.32 $49.09 $51.55 $54.13 $56.83 $59.67
POLICE OFFICER $9,589.61 $10,069.09 $10,572.54 $11,101.17 $11,656.23 $55.33 $58.09 $61.00 $64.05 $67.25
POLICE RECORD SUPERVISOR $7,601.03 $7,981.08 $8,380.14 $8,799.14 $9,239.10 $43.85 $46.05 $48.35 $50.77 $53.31
POLICE SERGEANT $11,409.90 $11,980.39 $12,579.41 $13,208.38 $13,868.80 $65.83 $69.12 $72.57 $76.20 $80.01
PUBLIC SAFETY CLERK $6,606.74 $6,937.08 $7,283.94 $7,648.13 $8,030.54 $38.11 $40.02 $42.02 $44.12 $46.33
PUBLIC SAFETY DISPATCHER $7,879.15 $8,273.10 $8,686.76 $9,121.10 $9,577.15 $45.45 $47.72 $50.11 $52.62 $55.25
RED LIGHT PHOTO ENFORCEMENT $6,736.84 $7,073.68 $7,427.37 $7,798.74 $8,188.67 TECHNICIAN $38.86 $40.81 $42.85 $44.99 $47.24
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Attachment A.4
Effective July 1, 2024 *Monthly salaries are based on a 40-hour workweek for non-sworn NPA employees.

Salaries listed for sworn NPA employees are monthly salaries for workweeks as defined in MOU. Listed salaries are subject to change pursuant to negotiated equity adjustments.

ANIMAL CONTROL OFFICER $7,150.41 $7,507.93 $7,883.33 $8,277.50 $8,691.37 $41.25 $43.32 $45.48 $47.76 $50.14
COMMUNITY SERVICE OFFICER $7,231.55 $7,593.13 $7,972.78 $8,371.42 $8,790.00 $41.72 $43.80 $45.99 $48.29 $50.71
LEAD PUBLIC SAFETY DISPATCHER $8,764.76 $9,203.00 $9,663.15 $10,146.30 $10,653.62 $50.57 $53.09 $55.75 $58.54 $61.46
POLICE OFFICER $9,877.30 $10,371.16 $10,889.72 $11,434.20 $12,005.91 $56.99 $59.84 $62.83 $65.97 $69.27
POLICE RECORD SUPERVISOR $7,829.06 $8,220.52 $8,631.54 $9,063.12 $9,516.27 $45.17 $47.43 $49.80 $52.29 $54.91
POLICE SERGEANT $11,752.19 $12,339.80 $12,956.79 $13,604.63 $14,284.87 $67.80 $71.19 $74.75 $78.49 $82.41
PUBLIC SAFETY CLERK $6,804.95 $7,145.19 $7,502.45 $7,877.58 $8,271.45 $39.26 $41.22 $43.28 $45.44 $47.72
PUBLIC SAFETY DISPATCHER $8,115.52 $8,521.30 $8,947.36 $9,394.73 $9,864.47 $46.81 $49.16 $51.61 $54.19 $56.90
RED LIGHT PHOTO ENFORCEMENT $6,938.95 $7,285.89 $7,650.19 $8,032.70 $8,434.33 TECHNICIAN $40.03 $42.03 $44.13 $46.34 $48.66
Dated: ____________________
For the City of Newark: For the Newark Police Association:
_______________________ ________________________
David J. Benoun, City Manager Patrick Smith, President
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Newark City CouncilJuly 28, 2022

Newark City Council
July 28, 2022