AGENDA
Thursday, October 13, 2022
7:00 P.M.
HYBRID IN-PERSON/VIRTUAL MEETING
REFER TO THE END OF THE AGENDA TO REVIEW
OPTIONS FOR PARTICIPATING IN THE MEETING
REMOTELY OR IN-PERSON.
IF YOU ATTEND THE MEETING IN PERSON A FACE COVERING
IS RECOMMENDED BUT NOT REQUIRED.
A. ROLL CALL
B. PRESENTATIONS
1. Proclaiming Hindu Heritage Month
2. Proclaiming October 19, 2022 as Unity Day
3. Introduction of employee
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 September 22, 2022 meeting minutes
3. Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That
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 October 13 Pursuant to AB 361
4. Consideration of application for permission to file late claim by Kim Irene Schultz
5. Adopt a Resolution Approving a First Amendment to the Contractual Services Agreement with Stantec Consulting Inc.
6. Second Reading and Adoption of an Ordinance Amending Zoning Map Established Pursuant to Title 17 of the Newark Municipal Code associated with the FMC Willow and Grand Park Project
7. Adopt a Resolution authorizing the City Manager to execute the First Amendment to the Contractual Services Agreement with ClientFirst Consulting Group, LLC to provide temporary information technology services and amend the 2022-2024 Biennial Budget
8. Adopt a Resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Robert Half International, Inc. to provide technical temporary information technology support
E. PUBLIC HEARINGS
F. OTHER BUSINESS
1. Introduction of an Ordinance to repeal and replace certain chapters of Title 15 of the Newark Municipal Code in order to adopt by reference, with modification to address unique local conditions, the 2022 California Building Standards Code; adoption of a Resolution approving findings regarding the need for local amendments to provisions in the California Building Standards Code as adopted by the State of California; and setting a public hearing date of November 10, 2022 for adoption of the Ordinance 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
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HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Assembly Bill 361 (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/86352874610 From a telephone dial 1- 669-900-9128, Webinar ID Number 863 5287 4610 Provide live, remote public comments, when the Mayor calls for comments. Use the raise your hand feature in Zoom to be called upon by the City Clerk.
For frequently asked Zoom questions, please go to Agendas and Minutes and select the Frequently Asked Questions link.
No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall use vulgar, profane, loud or boisterous language that interrupts a meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.
Council Meeting Access/Materials:
The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting.
Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted, if time allows, at Agendas and Minutes. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.
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Item B. 1.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Proclaiming Hindu Heritage Month
October is celebrated as Hindu Heritage Month. A proclamation has been prepared and Federation of Indian Association of Northern California (FIA) and Fesitival of Globe (FOG) board members will be at the meeting to accept the proclamation.
Attachments
Proclamation No. 1878
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PROCLAMATION NO. 1878
HINDU HERITAGE MONTH
WHEREAS, Hinduism is the third largest religion in the world with more than 1 billion followers worldwide and 4 million in the United States and WHEREAS, Hindu Americans represent one of the fastest growing communities in the country; and
WHEREAS, the Hindu American community has made significant contributions to the social, cultural, and economic vibrancy of our state and nation, adding to our diversity and prosperity; and
WHEREAS, Hindu Americans have made numerous positive contributions in all aspects of society, from science to business to politics to spirituality; and WHEREAS, during the month of October, the culture, history, traditions, achievements, and contributions of Hindu Americans are recognized and celebrated throughout the United States;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim October 2022, as
HINDU HERITAGE MONTH
in Newark.
IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Thirteenth Day of October, Two Thousand Twenty-two.
ALAN L. NAGY
Mayor
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Item B. 2.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Proclaiming October 19, 2022 as Unity Day
October 19, 2022 is Unity Day, a day that promotes bullying awareness and prevention. A proclamation has been prepared and members of the Silliman Activity and Family Aquatic Center will accept it at the City Council meeting.
Attachments
Proclamation No. 1879
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PROCLAMATION NO. 1879
UNITY DAY – BULLYING AWARENESS AND PREVENTION DAY
WHEREAS, bullying is physical, verbal, or emotional harm or intimidation intentionally directed at a person or group of people that occurs in neighborhood parks, playgrounds, and schools and through technology, including the Internet and cell phones; and
WHEREAS, hundreds of children and adolescents in the City of Newark are affected by bullying annually; and
WHEREAS, targets of bullying are more likely to acquire physical, emotional, and learning problems and students who are repeatedly bullied often fear such activities as riding the bus, going to school, and attending community activities; and children who witness bullying often feel less secure and more fearful and intimidated; and WHEREAS, Unity Day will promote kindness, inclusion, and acceptance for all people and provide bullying awareness and prevention resources for children and families in Newark;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim October 19, 2022, as UNITY DAY – BULLYING AWARENESS AND PREVENTION DAY
in Newark and encourage Newark schools, students, parents, recreation programs, religious institutions, and community organizations to engage in a variety of awareness and prevention activities designed to make our community safer for all children and adolescents.
IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Thirteenth Day of October Two Thousand Twenty-two.
ALAN L. NAGY
Mayor
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Item B. 3.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employee
Matthew Avila, Senior Building Inspector will be introduced at the City Council meeting.
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Item D. 1.
DATE 10/13/2022
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 10/13/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of September 22, 2022 meeting 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, September 22, 2022
A. ROLL CALL
Mayor Nagy called the meeting to order to 7:00 p.m. Present were Council Members Collazo, Freitas, Bucci, and Vice Mayor Hannon.
B. PRESENTATIONS
1. Commending the U16 Boys National Premier League, National Champions in soccer
Mayor Nagy presented commendations to the 1974 Newark FC 06 Boys U16 Boys National Premier League National Champions.
Ryan Medrano thanked the City for the Mel Nunes Sports fields.
2. Introduction of employees
Mayor Nagy introduced Gustavo Perez, Building Mechanic II, Mark Valdez, Building Mechanic II, and Roberto Garcia-Acosta, Accountant.
3. Presentation on Newark Library
Joe Stoner, Newark Library Manager, gave the annual presentation on the library highlighting programs and usage (presentation on file with City Clerk).
C. PUBLIC COMMENT
Namit Saksena requested to speak on the public hearing at this time. Mayor Nagy advised that he may speak on the public hearing when it opens.
D. CONSENT CALENDAR
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City of Newark City Council Minutes September 22, 2022
Council Member Bucci moved, Vice Mayor Hannon seconded, to approve Consent Calendar Items D.1 through D.7, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption of the resolutions. The motion passed, 5 AYES.
1. Approval of Audited Demands
2. Approval of September 8, 2022 minutes
3. Adopt a resolution confirming the continued existence of a local emergency due to the COVID-19 Pandemic
Resolution No. 11402
4. 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 September 22 pursuant to AB 361 Resolution No. 11403
5. Adopt a resolution amending the Conflict of Interest Code for nonelected officials and designated employees
Resolution No. 11404
6. Adopt a resolution approving Amendment No. 1 to the Contractual Services Agreement with GHD Inc. for additional traffic engineering and transportation planning services and amendment of the 2022-2024 Biennial Budget Resolution No. 11405
7. Adopt a Resolution authorizing the acceptance of the Selective Traffic Enforcement Program (STEP) grant through the State of California Office of Traffic Safety (OTS) and amending the 2022-2024 Biennial Budget Resolution No. 11406
E. PUBLIC HEARINGS
1. Public hearing to consider (1) adoption of a resolution approving the following:
an Amendment to the General Plan, an Amendment to the Bayside Newark Specific Plan, a Vesting Tentative Map, a Design Review, a Minor Use Permit, a Packet Page 27
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City of Newark City Council Minutes September 22, 2022
Density Bonus Incentive, an Addendum to EIR (SC#2010042012), a Transit Station Dedication Agreement, an Alternate Means of Compliance to Payment of Housing Impact Fees, and Grand Park Agreement Amendment; and (2) introduction of an ordinance amending the Zoning Map; for approval of the FMC Willow and Grand Park project consisting of 279 residential units, 3,600 square feet of retail, 91 affordable housing units, and a 1,485 square foot community building [APN's 537-0852-001-02 (portion), 537-0852-001-07 (portion), 537- 0852-002-08 & 092-0100-005].
Resolution No. 11407
Introduction of Ordinance
Deputy Community Development Director Interiano gave the presentation recommending approval (presentation on file with City Clerk). The FMC Willow Grand Park project at Willow Street and Enterprise Drive, consists of 279 multifamily units, 3,600 square feet of retail, 91 multifamily affordable units, a 1,485 square foot community building, 5-acre Grand Park, and 1.8 acres for a future transit station.
Mr. Interiano reviewed the Bayside Transit Oriented Development Specific Plan, project history, design review, the transit station dedication agreement, Bay Trail access, the amendment to the previously approved Park Agreement, playground equipment upgrades that the developer agreed to for the Grand Park, parking reduction incentives, the vesting tentative map, amendments to the Specific Plan, General Plan and Zoning Map, the Affordable Housing and Compliance Agreement, and the California Environmental Quality Act. He noted that the Planning Commission approved the project in July.
Mark Butler, Integral Communities gave introductory comments and introduced Steve Jones.
Steve Jones, Integral Communities gave a presentation. He shared graphics of the site plan, the affordable housing development with retail, affordable rent samples, the Grand Park, the Bay Trail extension, the transit station parcel with interim improvements, and the building architecture.
Council Member Collazo suggested including a greywater recycling plan to use for the project landscaping.
In response to Vice Mayor Hannon’s question, Jatin Malhotra stated that there will be staff, in addition to the manager, at the affordable housing site.
In response to Vice Mayor Hannon’s questions regarding a cricket pitch, Recreation and Community Services Manager Cuevas shared the dimensions of soccer fields and cricket fields. He stated that staff was looking to add a cricket pitch at MacGregor Playfields.
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Vice Mayor Hannon requested that staff explore a cricket pitch as an interim use on the transit station parcel.
Council Member Bucci requested clarification on the parking/density bonus and expressed his concern with the 20% reduction allowed for the project. Deputy Community Development Director Interiano stated that the project qualified for the reduction due to the Code.
Mayor Nagy opened the public hearing at 8:20 p.m.
Namit Saksena stated that he was excited to see the project move forward. He commended staff for incorporating feedback in the park design. He requested a cricket pitch, would like to connect to the Bayside Trail in the map above the Grand Park to allow easier access to green space. He requested that the park be built sooner.
Mayor Nagy closed the public hearing at 8:24 p.m.
Mark Butler explained the steps necessary before park construction could begin. He estimated that the park would be complete by June or July of 2025.
Council Member Bucci reiterated that a 20% reduction in parking was a bad idea. He stated the lack of parking would impact the community and Police resources. He stated that the rest of the project was great.
Vice Mayor Hannon moved, Council Member Freitas seconded to (1) adopt a resolution approving the following: an Amendment to the General Plan, an Amendment to the Bayside Newark Specific Plan, a Vesting Tentative Map, a Design Review, a Minor Use Permit, a Density Bonus Incentive, an Addendum to EIR (SC#2010042012), a Transit Station Dedication Agreement, an Alternate Means of Compliance to Payment of Housing Impact Fees, and Grand Park Agreement Amendment; and (2) introduction of an ordinance amending the Zoning Map; for approval of the FMC Willow and Grand Park project consisting of 279 residential units, 3,600 square feet of retail, 91 affordable housing units, and a 1,485 square foot community building [APN's 537-0852-001-02 (portion), 537-0852-001-07 (portion), 537-0852-002-08 & 092-0100-005]. The motion approved the following amendments to the Initial Study and Addendum: 1)AddendumPg.2 revise acreage for Commercial/Mixed Use SP to 1.6 acres(from 1.2) and revise Medium /High Density in SP to 13.4 acres(from 13.1) and 2) Initial Study- Pg.5,97 &98 Revise any 1.2 acre reference to 1.6 acres, also revise any reference of 13.1 to 13.4 acres, including any updates to density due to revisions. The motion passed, 5 AYES.
F. OTHER BUSINESS
1. Adopt two resolutions approving (1) a Standard Agreement, Loan Agreement, Regulatory Agreement, Promissory Note and Deed of Trust, and (2) a Packet Page 29
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City of Newark City Council Minutes September 22, 2022
Subordination Agreement for the Towne Place Suite Homekey Project known as "Cedar Community Apartments" at 39802 Cedar Boulevard
Resolution No. 11408 standard agreement
Resolution No. 11409 loan agreement and associated agreements Community Development Director Turner gave the presentation recommending approval (presentation on file with City Clerk). He outlined the Project Homekey history, grants and funding Overview, affordable housing, funding agreements, operation and development overview, policy and program conformance and next steps.
Lieutenant Sandoval provided crime analysis of the area. He reviewed Project Roomkey and noted that the reported incidents before, during, and after that project remained consistent. He requested security cooperation and camera access with Abode Services.
Community Development Director Turner stated that site would include security fencing with controlled access, security cameras, security guard 24/7, and a live-in manager.
Site improvements include a modular building for resident services, new security fencing and cameras, bicycle spaces, Accessible parking and mobility. 88 parking spaces will be provided. He outlined next steps with leasing/tenant move in estimated between November 2022 through March 2023.
Louis Chicoine, CEO, Vivian Wan, Chief Operating Officer, and Jon White, Chief Real Estate Officer of Abode Services gave a presentation (on file with City Clerk) in support of the project.
Council Member Bucci suggested an application fair and local nonprofits to contact.
Terrence Grindall stated that he supported the project. This project secures millions of dollars for the city and the developer had a strong track record. He urge staff to monitor the project for any negative impacts to the area.
Austin Blach spoke in favor of the project and recommended approval.
Ashley Mo’s husband, stated he was neutral on the project. He asked what could be done with the unsheltered individuals currently living in the neighborhood.
Vice Mayor Hannon requested that Abode Services report back in a year on the project.
He requested modifications to the social services section asked staff to incorporate specific timeframe of at least 30 days to notify the City if there is a significant change of the services provided. If for any reason the promissory note goes into default or foreclosure, that the City Council be notified immediately.
Council Member Bucci moved, Vice Mayor Hannon seconded to adopt two resolutions approving (1) a Standard Agreement, Loan Agreement, Regulatory Agreement, Promissory Note and Deed of Trust, and (2) a Subordination Agreement for the Towne Packet Page 30
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City of Newark City Council Minutes September 22, 2022
Place Suite Homekey Project known as "Cedar Community Apartments" at 39802 Cedar Boulevard. The motion passed, 5 AYES.
G. CITY COUNCIL MATTERS
1. Adopt a resolution approving the Mayor's appointment to the Planning Commission
Resolution No. 11410
Mayor Nagy recommended the appointment of Patricia Pitpitan to the unexpired term on the Planning Commission.
Moved by Council Member Collazo, seconded by Vice Mayor Hannon to approve the appointment of Patricia Pitpitan to the Planning Commission. The motion passed, 5 AYES.
Mayor Nagy complimented the productivity of the meeting.
Council Member Bucci stated that he was proud of the work accomplished at this meeting.
He commended Laurie Gratz, the Boy Scouts and the Newark Memorial Varsity Football Team for their quick closing activities for Newark Days.
Council Member Collazo thanked Assistant to the City Manager Gebhard for her work on the City Council’s float for Newark Days. Shop Newark.
Council Member Freitas stated that he agreed with the previous comments.
Vice Mayor Hannon stated that 215 affordable housing units were approved tonight through two outstanding projects. He requested that the City Council adjourn the meeting in memory of Monica Lynn Bennett, daughter of Russ and Marla Blowers.
H. CLOSED SESSION
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:01 pm, in memory of Monica Lynn Bennett.
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Item D. 3.
DATE 10/13/2022
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 October 13 Pursuant to AB 361
SUMMARY AND RECOMMENDATION
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 September 22, 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 September 22, 2022.
BACKGROUND
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 Packet Page 32
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, BA.2.12.1, and BA.5 have emerged, resulting in the greatest nationwide COVID-19 infection rate since the beginning of the COVID-19 pandemic.
Currently, state and local officials strongly recommend wearing masks indoors. State officials further recommend the use of masks when social distancing is not possible.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
The City Council adopted a resolution pursuant to AB 361 on September 23, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City Council has adopted continued resolutions since that time.
DISCUSSION/ANALYSIS
The California Legislature approved AB 361 and the Governor signed the bill into law 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;
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social distancing;
• Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
• The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; • The CDC recommends social distancing of at least six feet due to COVID-19, and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; • The Delta and Omicron variants of COVID-19 have resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County; • Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
Pursuant to AB 361, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to continue meeting remotely.
FISCAL IMPACT
There is no direct fiscal impact of adopting this Resolution.
REVIEW AND APPROVAL
Prepared by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
AB 361 Resolution October 13
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE
HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING
CONTINUED REMOTE TELECONFERENCED MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF NEWARK
FOR THE 30 DAY PERIOD BEGINNING OCTOBER 13
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 35
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 a continuation of 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. 4.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Consideration of application for permission to file late claim by Kim Irene Schultz Background/Discussion – On September 1, 2022, the City received an application to file a late government claim from Kim Irene Schultz pursuant to Government Code section 911.4. The underlying claim seeks $1 million for injuries allegedly sustained on February 19, 2022 when Ms. Schultz was walking on the sidewalk near Reina Place in Newark. Under the Government Claims Act, individuals seeking money or damages against the City must generally file an administrative claim with the City before filing any court action. Claims for damages arising from personal injury or property damage are required to be submitted to the City within six (6) months from the date of the incident.
Claims not submitted within the required time are generally barred. However, the State law allows claimants to seek permission to file a claim late. The City must grant this request if the claim was not presented in a timely fashion due to mistake and the late claim will not prejudice the City’s defense of the claim.
Ms. Schultz submitted a claim to the City on September 1, 2022, approximately one week late (August 19, 2022). Ms. Schultz filed a request to submit an untimely claim and explained that the claim was filed late as a result of the COVID-19 shutdowns based on Governor Newsom’s executive orders extending various statute of limitations periods.
Government Code section 911.6 provides that the City shall grant the late claim application where “[f]ailure to present the claim was through mistake, inadvertence, surprise of excusable neglect and the public entity was not prejudiced in its defense of the claimant to present the claim” within six months after the incident. Because allowing the claim to be filed late will not prejudice the City’s defense of the claim and Ms. Schultz has presented a basis excusing the failure to timely file, staff recommends that the City grant Claimant permission to file the claim late in accordance with the requirements of the Government Code. The claim and all relevant information were forwarded to the Sedgwick, the City’s third party administrator. The recommendation of staff is consistent with the recommendation provided by Sedgwick.
Action: Staff recommends that the City Council, by motion, accept the late claim Packet Page 38
application and authorize staff to inform the claimants of such acceptance.
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Item D. 5.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Adopt a Resolution Approving a First Amendment to the Contractual Services Agreement with Stantec Consulting Inc.
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to amend the existing contract with Stantec Consulting Inc. to increase the “not-to-exceed” amount by $331,814. The scope of services would be revised to include additional environmental services to complete a full Environmental Impact Report for the Mowry Village project.
BACKGROUND
The City is currently reviewing an application that was submitted by The Mowry Project Owner LLC, which proposes to build 204 residential units on properties located west of the Silliman Center, a short distance west of the railroad tracks (APN 537-850-2, 537-850-1-11 & 537-850-1-13). The project is within the Area 4 Specific Plan and is zoned Park with a General Plan Low Residential land use designation. On June 10, 2021 the City approved a contract for Stantec Consulting Inc. to perform the necessary environmental analysis. The original contract amount was $169,708 (see Attachment C).
DISCUSSION/ANALYSIS
After the initial phase of environmental review, additional services are needed to complete the Environmental Impact Report and therefore an increase to the maximum contract amount is required. The review of the project requires specialized consultant services for the preparation of an environmental analysis, consistent with the requirements of the California Environmental Quality Act (CEQA), as well as services to assess the Project’s consistency with the City's existing land use policies and actions.
Community Development staff is recommending that Stantec Consulting Services Inc. perform the required services as described in the First Amendment to Contractual Service Agreement (the “Agreement”) contained in Attachment B of this report.
FISCAL IMPACT
There is no fiscal impact associated with this action as the costs of this amendment are paid for by the applicant.
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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 - David J. Benoun, City Manager
Attachments
A- Draft Resolution
B - First Amendment to Contractual Agreement with Stantec Consulting Inc Agreement- Exhibit 1
C - Original Stantec Contract for Mowry Village Project Packet Page 41
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT WITH STANTEC
CONSULTING SERVICES INC. TO PROVIDE
PROFESSIONAL ENVIRONMENTAL SERVICES
WHEREAS, On June 10, 2021, the City of Newark awarded a Contractual Services Agreement (the “Agreement”) to Stantec Consulting Services Inc. (the “Consultant”) to provide professional environmental services; and
WHEREAS, the City finds that the scope of services described in the Agreement continue to be necessary and desires to amend the Agreement to provide additional funding for the existing scope of services to be provided by the Consultant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute the first amendment to the Contractual Services Agreement with Stantec Consulting Services Inc., in a form approved by the City Attorney, to provide technical assistance by individuals possessing experience consistent with minimum qualifications provided by the City and to increase the not to exceed amount of the Agreement by $162,106.00 for a total not to exceed amount of $331,814.00.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, including any necessary revisions to the scope of work for the Agreement, in a form approved by the City Attorney, that are within the total not to exceed amount of $331,814.00.
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1 FIRST AMENDMENT TO THE CONTRACTUAL
SERVICES AGREEMENT BETWEEN THE CITY OF
NEWARK AND STANTEC CONSULTING SERVICES
INC.
This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Stantec Consulting Services, Inc., a Type “C” Corporation ("Consultant") (sometimes referred to as "Parties") dated June 10, 2021 (the “Agreement”), is entered into as of __________, 2022 for the provision of professional environmental services.
RECITALS
WHEREAS, the Parties executed the Agreement for the provision of professional environmental services to provide technical assistance by individuals possessing experience consistent with minimum qualifications provided by the City; and
WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount; and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $162,106, for a total not to exceed amount of $331,814 (from a previous not to exceed amount of $169,708.).
2. The Agreement’s Exhibit 1 (Scope, Services and Schedule) is amended as outlined in the new Scope of Work, attached hereto and incorporated herein by reference.
3. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
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2 City of Newark Consultant
_________________________________ _________________________________ David J. Benoun Authorized Representative
City Manager Stantec Consulting Services, Inc.
Dated: ___________________________ Dated: ___________________________ Attest:
__________________________________
Sheila Harrington
City Clerk
Approved as to Form:
__________________________________
Kristopher J. Kokotaylo
City Attorney
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AUTHORIZATION FOR ADDITIONAL SERVICES
V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx Date 27 July 2022
“Stantec” Stantec Consulting Services Inc. Stantec Project # Stantec Proj. No. 185705508 Stantec Pipeline # 825195
1340 Treat Blvd, Suite 300, Walnut Creek, CA 94597
Ph: (925) 285-6541
email: [email protected]
Client City of Newark, Art Interiano Client Project # N/A. 37101 Newark Blvd, Newark, CA 94560
Ph: (510) 578-4331
email: [email protected]
Project Name and
Location:
Mowry Village Project Change Order # Change Order No. 1 This is authorization for Stantec to perform additional services on the project as noted above.
A. Stantec agrees to perform the following additional service(s):
Based on direct from City Staff, we have developed the following scope of work to prepare an Environmental Impact Report (EIR) for the Mowry Village Project (Project) located on Mowry Avenue in Newark, California. The EIR will be based on the Project Description, Notice of Preparation (NOP) and scoping meeting prepared under the original Project contract executed June 10, 2021. The EIR tasks include completion of the Draft EIR, Final EIR, and MMRP. A Statement of Overriding Considerations may be prepared under a separate scope if applicable and requested by the City.
All deliverables associated with this EIR are budgeted as a combination of electronic. Due to COVID-19 conditions and current Office of Planning and Research guidelines, it is assumed all submittals to State Clearinghouse will be electronic.
Task 1: Project Initiation, Project Description, and Peer-Review of Technical Studies Stantec has completed the following subtasks for the Project under the existing Project contract executed on June 10, 2021:
Project Initiation
Upon Project authorization, Stantec Principal in Charge, Trevor Macenski, and Project Manager, Anna Radonich, met with the City to initiate the environmental review process.
Project Description
Stantec prepared a draft project description for the City’s review. The City deemed the project description “final” on October 26, 2021. Using the “final” project description, the Applicant’s technical consultant (Helix) will update the Project technical studies. It is assumed Stantec is not preparing any of the technical studies for the Project and that all studies needed for the EIR analysis will be provided by the City and/or Applicant.
Peer-Review of Technical Studies
It is assumed the Applicant’s technical consultant (Helix) will update the Project technical studies and provide Stantec with technical studies for use in the EIR document that reflect the October 26, 2021 “final” project description. Stantec will prepare brief peer-reviews memorandums of each technical study (assumed to be no more than seven). It is assumed the technical analysis will be determined adequate for use in the EIR analysis. The budget included herein reflects Stantec’s need to re-review a portion of the studies as preliminary reviews were performed on the nowoutdated studies (tasks has been completed an additional four times form the original scope of work and is reflected in the fee, below).
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AUTHORIZATION FOR ADDITIONAL SERVICES Page 2
V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx Task 2: NOP, AB 52 Consultation Outreach, and Scoping Meeting Stantec will complete the following subtasks for the Project under the existing Project contract executed on June 10, 2021:
NOP
Stantec prepared an NOP for referral to all interested parties, affected agencies, and others, consistent with the City’s approved format. The NOP will post to State Clearinghouse for 30-day public review, in mid- to late-November 2021.
Stantec will submit the NOP to the State Clearinghouse electronically per current Office of Planning and Research guidelines. We assume City staff will circulate the NOP to all other recipients.
Scoping Meeting
Pursuant to CEQA Guidelines Section 15082, one public scoping meeting will be held during the NOP review period to gather public and agency comments on the scope of the EIR; this meeting will be held during the 30-day review period as determined by the City. Stantec’s Principal in Charge, Trevor, and Project Manager, Anna, will attend the scoping meeting. This scope assumes one public scoping meeting. Considering the present mandates due to COVID-19, its assumed that the scoping meeting would be held as a virtual meeting.
AB 52 Consultation Outreach
Stantec will assist the City by initiating AB 52 consultation on behalf of the City and include the results in the EIR.
Additionally, though not included in the original Project scope of work, the City has requested Stantec provide assistance initiating SB 18 consultation, as well. As such, Stantec will initiate SB 18 consultation on behalf of the City.
Task 3: Administrative Draft EIR
Using the Project description, technical studies provided by the City and/or Applicant, results of the public scoping process, and other sources, Stantec will prepare the Administrative Draft EIR consistent with the requirements of CEQA, relevant case law, and the specifications of the City. Each resource area outlined in CEQA Guidelines Appendix G will be evaluated in the EIR and shall include descriptions of the existing setting, thresholds of significance used to gauge the magnitude and intensity of impacts, and practicable measures to avoid or reduce potentially significant impacts. While the original Project contract assume preparation of a Focused EIR, the scope below reflects preparation of a “full” EIR (ie, all twenty Appendix G resource topics, in addition to all other required sections).
The Administrative Draft EIR, Screencheck Draft EIR and Draft EIR will each include the following information:
Project Objectives. A narrative will be provided describing the objectives of the Project.
Executive Summary. Pursuant to Section 15123 of the CEQA Guidelines, Stantec will prepare an Executive Summary including, at a minimum, the following information:
• A summary table that clearly describes the potential impacts and mitigation measures that would avoid or reduce the effect of each significant impact and indicates whether the impact remains significant after mitigation. • Areas of controversy known to the City, including issues raised by agencies and the public. • Issues to be resolved, including the alternatives and whether or how to mitigate the significant effects. • Descriptions of the Project alternatives and conclusions regarding the environmental superiority of an alternative will also be summarized. The development of alternatives to the Project is further discussed below.
Introduction. The Introduction chapter will provide a basic, non-technical explanation of the Draft EIR, as well as additional information relevant to understanding the document.
Project Description. One of the initial key actions will be to formulate a working description of the Project and Project alternatives. Stantec will work with the City to prepare a description that articulates the Project’s overall objectives.
Establishment of Thresholds of Significance. Stantec will work with the City to establish thresholds of significance for each resource, if needed.
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AUTHORIZATION FOR ADDITIONAL SERVICES Page 3
V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx Identification and Description of Project Alternatives. Stantec will assist the City in engaging with the Applicant to identify and describe up to three Project alternatives, including the No-Project alternative and, if appropriate, a reduced-size alternative at levels of detail that are adequate to support a meaningful comparison of impacts in the EIR.
We anticipate that the Applicant would apply the guidance provided by the City and by Stantec to acquire additional baseline information and to undertake additional analyses needed to evaluate and compare the potential impacts and formulate feasible mitigation measures for each alternative.
Environmental Setting, Impacts, and Mitigation Measures. As required by Section 15125 of the CEQA Guidelines, the Environmental Setting portions of the EIR will contain a “description of the environment in the vicinity of the Project, as it exists before the commencement of the Project, from both the local and regional perspective.” The setting discussions will also include a brief statement of the pertinent regulatory setting.
Thresholds for determining the significance of impacts will be described for each environmental impact topic. The significance of Project-induced impacts will then be determined for each topical area. The analyses will focus on issues identified by responsible and trustee agencies, local agencies, and other interested parties in response to the NOP.
Impacts found to be less than significant will be described. Impacts that cannot be mitigated below the level of significance will be identified, and the extent to which those impacts could be mitigated through Project alternatives or changes will be demonstrated. Impacts will be quantified to the extent possible. Mitigation measures will be listed and numbered and cross-referenced to applicable impacts.
Elements of the Environmental Setting, Impacts, and Mitigation Measures Sections of the EIR. The elements of the Environmental Setting and Impacts and Mitigation Measures sections of the EIR are described in more detail in the following sections.
Aesthetics, Light, and Glare. Stantec visual resources specialists will produce the CEQA document section that, in text and images to the extent information is available, thoroughly describes the visual environment at and near the Project location both under current conditions and with the Project. This evaluation will reflect both the City’s design guidelines and the aesthetic character and will be based on the City’s thresholds. Any impacts and associated mitigation measures (and mitigation measures for alternatives) will be presented clearly and concisely. Stantec will refer to and include the view simulations/renderings provided by the City; we assume that no visual simulations or rendering would be prepared for the Project.
Agricultural and Forestry Resources. Stantec will review local zoning designations and the State’s Farmland Mapping and Monitoring Program database to determine the potential for designated important farmlands to be impacted by Project implementation. There are no forestry resources in the Project area.
Air Quality, Greenhouse Gases, and Energy. The Project would result in construction-related and operations-related emissions of air pollutants and GHGs. Stantec will prepare the air quality, greenhouse gases, and energy sections of the CEQA document using the Air Quality, Greenhouse Gas, and Energy Technical Memorandum and modeling provided by the City and/or Applicant. The CEQA document will summarize the findings of the Air Quality, Greenhouse Gas, and Energy Technical Memorandum, including the potential for any significant direct, indirect, and cumulative impacts on air quality, and associated mitigation measures. The sections will be closely coordinated with the project description to ensure the Project and associated environmental effects are consistently characterized.
Biological Resources. Stantec will prepare the biological resources section of the CEQA document summarizing the findings of the biological resources assessment provided by the City and/or Applicant. Stantec assumes that no wetlands are present on the site.
Cultural and Tribal Cultural Resources. The Project would involve ground-disturbing activities that may have the potential to encounter undiscovered cultural resources (e.g., artifacts, fossils, burial sites, etc.). Stantec will prepare the cultural resources and tribal cultural resources sections of the CEQA document using the cultural resources technical memorandum provided by the City and/or Applicant. Stantec understands that the City will initiate AB 52 consultation and provide the results to Stantec to include in the CEQA document.
Geology and Soils (Seismicity). Stantec will assess the potential geology and soils impacts of the Project and prepare the Geology and Soils sections of the CEQA document using the geotechnical study provided by the City and/or Applicant. Key issues to be evaluated include seismicity of the local area, the proximity fault zones and their Packet Page 47
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V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx potential effect on site development, the erodibility of site soils, soil stability characteristics, and the expansive characteristics of the site soils. This analysis will be based on existing published information (soil reports and maps, geotechnical reports, other data), and the preliminary geotechnical report provided by the City. No additional soils or other field geological analyses will be conducted. Mitigation measures will be developed, as appropriate.
Hazardous Materials Usage, Placement, Storage, and Transport. Stantec will utilize the Phase I and Phase II provided by the City and/or Applicant to prepare the hazardous materials usage, placement, storage, and transport section of the CEQA document. As needed, other existing data sources from the Department of Toxic Substances Control (DTSC), the RWQCB, other regulatory agencies, and the General Plan would also be used to determine the potential for encountering hazardous materials and wastes within the Project area.
Hydrology/Hydrologic and Water Quality. The Project would include construction and operational activities that may have potential water quality and drainage impacts. Stantec will evaluate the hydrologic and water quality conditions of the project site based on the hydraulic calculations and water supply assessment provided by the City and evaluate potential impacts that may occur from the Project. In addition, existing site drainage and proposed modifications, if any, will be reviewed as part of the water quality evaluation under CEQA. Short-term construction impacts potentially posed by construction activity are expected to be less than significant or to be fully mitigated by adherence to applicable stormwater pollution prevention guidelines promulgated by the state and the RWQCB.
Land Use and Planning. Existing conditions will be reviewed by Stantec by determining existing site zoning, proposed zoning, and examining local land use plans and policies to determine project consistency. Existing surrounding land uses will be identified and described to determine land use compatibility and to identify potential conflicts that could occur during Project construction or operation. The analysis would include a discussion of its consistency with Newark’s General Plan.
Mineral Resources. Stantec will review readily-available information, including the General Plan and its EIR to determine the potential for mineral resources to be impacted by Project implementation.
Noise. The Project would result in additional traffic-related noise and additional stationary noise. Accordingly, the Project would have the potential to create noise and vibration impacts that could adversely affect surrounding land uses. Stantec will prepare the noise section of CEQA document using the noise study provided by the City and/or Applicant.
Population and Housing. It is expected that the Project’s development would represent a modest increase in the City’s overall residential population. Each of the residences (203 single family homes) would provide housing opportunities for the City. Stantec will compare this modest increase in population with the Plan Bay Area 2050 projections for the City and, if available, a more localized geography, and other resources, such as census data and/or Department of Finance estimates, to determine whether the Project’s residential and employee population has been accounted for both at regional and local levels. Stantec will determine whether the Project could result in any indirect physical environmental effect as a result of the proposed Project’s increase in population.
Public Services. Stantec will use the most recent data available and utilize the will serve letters available for the Project. If needed, Stantec will contact relevant service providers, including police and fire protection. We will provide a description of potential impacts to existing conditions and services resulting from the construction and operation of the Project.
Recreation. The EIR will address potential impacts to recreation facilities in the area as a result of the Project.
Transportation. Stantec will prepare the transportation section of the EIR using the vehicle miles traveled (VMT) analysis provided by the City and/or Applicant.
Utilities and Service Systems. This section of the EIR will address potential effects related to the availability and capacity of utilities and services. Utilities and services that will be addressed include sewer service, water service, and solid waste collection and disposal. This section will discuss whether any of these services or facilities is below adopted standards, or near or beyond their capacity to adequately serve the Project. Stantec will utilize the water supply assessment and will serve letters provided by the City. The baseline data developed for the existing uses in the water supply assessment will inform the discussion of impacts.
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V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx Wildfire. The Project consists of development of undeveloped land. The EIR document will analyze the potential for wildfire inducement. Stantec will utilize any existing fire behavior modeling and City and County wide efforts but will make current references to existing fuel loads and wind behaviors. Additionally, Stantec will any State Wildfire Hazard Severity Zone designations.
Cumulative Analysis. Stantec will describe the reasonably foreseeable projects within a study area determined, in close communication with the City, to be appropriate to the CEQA requirement to consider cumulative impacts. As identified above, Stantec assumes the City will provide information on all reasonably anticipated projects so cumulative projects can be adequately addressed. Cumulative projects will be discussed for each technical issue and growthinducing impacts will be evaluated separately in the EIR.
Effects Found Not to Be Significant. Stantec will describe effects found not to be significant in accordance with CEQA Guidelines Section 15128 by listing them with brief explanations of why they are not significant.
Significant Unavoidable Adverse Impacts. Stantec will discuss all significant unavoidable adverse impacts in conformance with CEQA Guidelines Section 15126(b). The discussion will include any impacts that can be partially mitigated, but not to a less-than-significant level.
Growth-Inducing Impacts. Pursuant to Section 15126(g) of the CEQA Guidelines, Stantec will discuss any potential growth-inducing impacts of the Project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth (i.e., extension of infrastructure), new employment generation, or major economic influences, will be qualitatively analyzed to the extent that they are applicable.
Alternatives to the Proposed Project. Pursuant to CEQA Guidelines Section 15126.6, Stantec will evaluate three alternatives to the Project. One alternative will be the CEQA-required “No -Project” alternative. The other two alternatives will be formulated in consultation with the City, and it is anticipated that at least one will consider reducing the Project intensity. Each alternative will be described in sufficient detail and evaluated against the Project to determine if it will have fewer, equivalent, or greater impacts. A matrix will be provided comparing each alternative’s impacts on the various topical areas. The Alternatives section will also include a description of alternatives that were initially considered but ultimately rejected from further consideration.
Alternatives compared in the EIR will be selected based on their ability to reduce one or more potential impacts that would otherwise be significant and unavoidable below what can be achieved through mitigation alone. Stantec will develop reasonably detailed analyses of impacts associated with these alternatives, by topic, in comparison with the Project. As required by Section 15126(f), the Draft EIR will identify the environmentally superior alternative and, if that is the “No-Project” alternative, the environmentally superior alternative among the remaining action alternatives.
Other CEQA Sections. Stantec will prepare the remaining CEQA-mandated sections, including the MMRP.
Project Summary. Stantec will prepare a summary, presenting the significant conclusions of the EIR in a manner that is easy to understand. A summary table format will be used to identify the significant impacts and the effectiveness of the recommended mitigation measures. A summary of the alternatives analyses, issues still to be resolved, and issues subject to potential controversy will be presented, as required by CEQA compliance procedures.
Deliverable
• Administrative Draft EIR (electronic)
Task 4: Screencheck and Public Draft EIR
Screencheck and Public Draft EIR
Stantec will respond to one round of City comments (and, if appropriate, the Applicant’s comments provided to the City) on the Administrative Draft EIR. To incorporate responses to these review comments into the Administrative Draft EIR, we will:
• Coordinate with the City staff who will assemble comments on, and suggested revisions to, the Administrative Draft EIR. One set of unified City staff comments will be provided to Stantec for the Administrative Draft EIR review. The City will reconcile conflicting review comments, if needed, among City staff before giving the comments to Stantec.
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V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx • Complete one set of revisions to the Administrative Draft EIR, pursuant to review comments and in conformance with the scope of work.
Stantec will then prepare and reproduce a Screencheck Draft EIR for submittal to the City for review prior to distribution to the public. Stantec will then prepare the Draft EIR in a manner that is ready to be published for public review. Once the Draft EIR is deemed acceptable for public distribution, Stantec will upload the electronic copies to the State Clearinghouse CEQA portal in coordination with the City. Stantec will provide an electronic copy to the City for distribution and web posting. Hard copies of the Public Draft EIR would be provided upon request, up to three copies (with appendices on flashdrive).
Stantec assumes that the City will provide one set of consolidated comments on the review of the Administrative Draft EIR and the review of the Screencheck Draft EIR.
Deliverable
• Screencheck Draft EIR (electronic)
• Public Draft EIR (electronic, electronic submittal to State Clearinghouse) Task 5: Response to Comments and Administrative Final EIR Administrative Final EIR
After the close of the 45-day public comment period, Stantec will prepare written responses to comments received on the Draft EIR and submit them for review by City staff. The responses to comments will be prepared based on the CEQA Guidelines and the City’s CEQA implementing procedures and will be submitted to the City in the form of an Administrative Final EIR. To implement this process, the following steps are proposed:
• City staff will compile and transmit to Stantec all written comments on the Draft EIR. • Stantec will confer with City staff and the Applicant (if approved by the City) to review written comments on the Draft EIR and comments from public meetings and hearings to develop a general framework and strategies for preparing responses. The format of the Final EIR will be as an attachment of responses to comments to the text of the Draft EIR. • Stantec will submit the Administrative Final EIR and the Administrative Draft MMRP (as detailed below in Task 6) for City staff review. Responses within this proposal’s scope of work and budget will consist of explanation, elaboration, or clarification of the data contained in the Draft EIR with Stantec staff time to address up to 100 individual comments in this task. Stantec will communicate to the City if assistance is needed from the Applicant’s consultants to respond to technical questions, and comments on their respective work products, or if new analysis is required.
Deliverable
• Administrative Final EIR including response to comments (electronic) Task 6: Final EIR, MMRP, Noticing, and Findings of Fact Screencheck Final EIR and Final EIR
Stantec will revise the Administrative Final EIR by incorporating written responses to comments received from City staff and, if appropriate, the Applicant, yielding a Screencheck Final EIR and then the Final EIR review. One set of unified comments incorporating all City staff comments on the Draft and Screencheck Final EIRs will be provided to Stantec.
The Final EIR shall comprise the Draft EIR, comments on the Draft EIR, and responses to all comments on the Draft EIR, including any necessary changes to the Draft EIR text. Submittal of the Final EIR shall be accompanied by submittal of the Final MMRP, as outlined below. Stantec will present the Final EIR and MMRP to the Planning Commission and City Council for certification at a public hearing.
Deliverable
• Screencheck Final EIR including response to comments (electronic) • Final EIR including response to comments (electronic, electronic submittal to State Clearinghouse) Packet Page 50
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V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx Mitigation Monitoring and Reporting Program
Stantec will prepare the MMRP required by Public Resources Code Section 21081.6, as mandated by AB 3180, for adoption at the time of the CEQA findings. Stantec will prepare an Administrative Draft MMRP in accordance with the CEQA Guidelines and the City’s CEQA implementing procedures. The Administrative Draft MMRP will be prepared concurrently with preparation of the Public Draft EIR. The MMRP will be designed to ensure compliance with mitigation measures required during project implementation.
The MMRP will be designed to fit into the City’s existing entitlement and project review process; the City will provide the format. Stantec will coordinate with City staff to refine MMRP content and format prior to preparing the Public Draft MMRP. The MMRP will include, but not be limited to, the following:
• Mitigation measures.
• Mitigation measures to be monitored with specific mitigation performance standards. • Monitoring requirements.
• Type of monitoring program or activity necessary to monitor each specific mitigation measure, with monitoring time frame.
• Person/agency responsible for implementing mitigation measures and/or monitoring measures. • Assignment of roles and responsibility, with the general qualifications that will be required of individuals or organizations necessary to implement each specific mitigation or monitoring activity. • Timing and/or frequency of monitoring measures.
• Specific review or inspection schedule for each measure. • Person/agency responsible for ensuring compliance with mitigation requirements and monitoring and reporting program.
After review and comment on the Administrative Draft MMRP, Stantec will revise the MMRP in accordance with the comments provided and will submit the Draft MMRP along with the Draft EIR. After public review and comment on the Draft EIR, Stantec will revise the MMRP in accordance with the comments provided and will submit the Final MMRP with the Final EIR. Hard copies of the Final EIR would be provided upon request, up to three copies (with appendices on flashdrive).
Deliverable
• Screencheck Draft Final EIR (electronic)
• Final EIR (electronic for City website and electronic submittal to State Clearinghouse) • Administrative Draft MMRP (electronic)
• Draft MMRP (electronic)
• Final MMRP (electronic)
Noticing
Stantec will prepare all CEQA-required notices in compliance with state legislation and guidelines. This task includes the preparation of the Notice of Availability (NOA) and the Notice of Completion (NOC). Stantec will prepare a NOA for both the Draft EIR and Final EIR. This task includes completing the NOA form but assumes the City will be responsible for preparation of the associated mailings and newspaper notices, electronic files for City printing, envelope stuffing, and distribution. Stantec will prepare the NOC in compliance with the CEQA Guidelines and submit the draft notices for City staff review; if necessary, Stantec will revise the draft notices based on staff comments. Stantec will file one copy of the NOC with the State Clearinghouse at the time of Draft EIR publication.
Stantec will prepare the Notice of Determination (NOD) but assumes the City will file the NOD with the County Clerk within five business days of EIR certification. The purpose of the NOD filing is to limit the legal challenge period to 30 Packet Page 51
AUTHORIZATION FOR ADDITIONAL SERVICES Page 8
V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx days. If an NOD is not filed within five business days of certification, the legal challenge period is 180 days. The NOD filing also requires payment of a filing fee, which Stantec assumes will be paid by the Applicant.
Findings of Fact
Stantec assumes that the City will prepare written findings for each significant effect identified in the EIR as a separate document, pursuant to CEQA Guidelines Section 15091. If requested, Stantec will prepare Findings of Fact on behalf of the City using a City-approved Finding of Facts template provided to Stantec, by the City. As required by the State CEQA Guidelines, one of three findings must be made for each significant effect, which must be supported by substantial evidence in the record. After consultation with City staff, Stantec will submit the final Findings to the City for adoption.
Statement of Overriding Considerations
If applicable and requested by the City, Stantec will prepare a draft of applicable justification for a possible Statement of Overriding Considerations, pursuant to CEQA Guidelines Section 15093. The Statement of Overriding Considerations will rely on input from the City regarding the benefits of the project. The Statement of Overriding Considerations would be supported by substantial evidence in the record. Stantec will consult with City staff to review and finalize the Statement of Overriding Considerations and will submit the final Statement of Overriding Considerations to the City for adoption. This scope and budget do not include preparation of Statement of Overriding Considerations and a separate budget would be provided if this service is requested by the City.
Deliverables
• Stantec to upload NOA and NOC to State Clearinghouse, as required (electronic) • City to be responsible for filing all required forms with County Clerk Task 7: Project Management and Meetings
Stantec Project Management Team will attend various staff and public meetings, such as the scoping meeting, public hearing on the Draft EIR, and adoption hearings as outlined in the Project scope of work approved June 10, 2021. The original scope of work assumed a 40 week Project Schedule while the most-recent Project Schedule dated July 27, 2022, assumes a 104 week schedule. As such, this scope of work assumes an additional 64 weeks of Project Management and 14 additional monthly meetings. In addition, regular communications and status meetings involving the Stantec Project Manager and City staff, either by telephone conference call or email, are anticipated throughout the duration of the 104 weeks (approximately June 5, 2023). This task also consists of the ongoing management activities that ensure Stantec’s ability to keep the project running smoothly on time, and within budget, as outlined in the original contract.
Staff Reports and Presentations
This task assumes Stantec will present at one Planning Commission and one City Council hearing but assumes the City will be responsible for preparing all staff reports and presentations with exception of a CEQA slide deck for presentation at the Public Scoping meeting.
Task 8: In-Person Meetings
While the original Project contract assumed four in-person meetings, this scope accounts for eight.
Schedule
The scope provided herein is based on the Stantec July 27, 2022, Project Schedule prepared for the Project. The Working Project Schedule will be updated regularly and shared at Project Check-in Meetings.
B. Client agrees to compensate Stantec for such additional services in accordance with the terms of the initial agreement for additional amount(s) stated below:
The time and materials fee for providing the additional scope of work described herein is $103,304.
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AUTHORIZATION FOR ADDITIONAL SERVICES Page 9
V:\1857\administration\business_development\ES\A_Radonich\City of Newark\EIR_augment_11162021\stantec - Copy.docx The proposed cost budget is presented below and compares the June 10, 2021, contracted budget against the proposed budget for the scope of work presented herein, by task. The difference between the two scopes (i.e., the cost augment) is presented in the final column and also reflects Stantec 2022 billing rates.
Task
Original
Contracted
Budget
Updated Scope
of Work Budget
July 27, 2022
Augment Budget
Task 1: Review of Project Materials and Initial Study,
Peer-Review Technical Studies $15,348 $28,018 $12,670
Task 2: NOP, AB 52, Scoping Meeting $16,422 $18,222 $1,800 Task 3: Administrative Draft EIR $46,608 $98,823 $52,215 Task 4: Screencheck and Public Draft EIR $22,328 $36,662 $14,334 Task 5: RTC and Administrative Draft Final EIR $15,280 $31,405 $16,125 Task 6: Final EIR, MMRP, and Findings of Fact $9,712 $23,920 $14,208 Task 7: Staff Meetings and Project Management $32,550 $68,192 $35,642 Task 8: In-Person Meetings $4,460 $16,572 $12,112
Labor Total $162,708 $321,814 $159,106
Direct Costs $7,000 $10,000 $3,000
Total Budget $169,708 $331,814 $162,106
The fees herein are based on the June 10, 2021, contracted Stantec 2021 rates for this Project and are applicable to this July 27, 2022, change order proposal.
Note that Stantec’s $162,106 fee does not include any additional City of Newark staff administrative fees that may be applicable to the Applicant. This change order does not account for any scope or fees associated with an appeal should the Project be appealed following the second public hearing outlined in the original Project contract executed June 10, 2021.
C. All other terms and conditions of the original agreement shall remain in full force and effect.
Effect on Schedule: Stantec is available to begin work described herein immediately upon execution of this change order.
As we are all aware, we are all working in unprecedented times as a result of the COVID-19 pandemic. The situation is a very fluid one. Our proposal is based on what we understand as of today but may change as conditions change. We would be pleased to have a further discussion with you to share our respective plans and efforts to help manage and mitigate the impact of this evolving situation on your contract.
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CONTRACTUAL SERVICES AGREEMENT
CONSULTANTS
This Service Agreement ( hereinafter " Agreement") is made and entered into this day of June 10, 2021 by and between the CITY OF NEWARK, a municipal corporation City"), and STANTEC CONSULTING SERVICES INC., a [ Enter business type here] Consultant"), collectively the " Parties".
WITNESSETH:
WHEREAS, City requested proposals to perform the services generally including preparation of an Environmental Impact Report consistent with California Environmental Quality Act statues for the Mowry Village Residential Project ( the " Project"). The City expects that the Consultant and sub -consultants would peer review and assess adequacy ofthe previously prepared technical reports and Initial Study for use in preparing the EIR documents.
WHEREAS, in response to City' s request, Consultant submitted a proposal 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 Exhibit " C", 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.
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Consultant acknowledges the importance to City of City' s performance schedule and agrees to put forth a commercially reasonable effort 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.
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 One Hundred and Sixtv-Nine Thousand Seven Hundred and Eight Dollars ($ 169, 708. 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 or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount.
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 shalt be sent to:
City of Newark
Attn: Finance 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 staternent, briefly describing by task and/ or labor category the items billed.
C. Payment. Upon receipt of" an 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.
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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). IfConsultant'sfailure toperform inaccordance 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). 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 inadvance ofthe performance thereof. Such task order shall include a description ofthe 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 forthe accomplishmentofsuch services. Except tothe extent modified by a task order, all other terms and conditions ofthis Agreement shall be deemed incorporated ineach such task order. S.
INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant andshall not be an employee or agent of City. Consultant shall not be entitled toany benefit, right, or compensation other than that provided inthis Agreement. City shall have the right tocontrol 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 tothis 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 G.
authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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 ofits Authorized Representative, its designated personnel, and its Subconsultants, if any, identified in Exhibit " C". Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or SUbconSUltantS identified in Exhibit " C", without theprior written consent of City. All Services shall be performed by, or under, the direct supervision of Consultant's Authorized Representative. Consultant agrees toinclude with all Subconsultants intheir subcontract thesame requirements and provisions of this Agreement including the indemnity and Insurance requirements tothe extent they apply tothe scope ofthe SubconSultant'S work. Subconsultants hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. SUbconSUltant further agrees to include these same provisions with any Sub- subconsultant. Acopy of this Agreement'sIndemnity and Insurance provisions will be furnished tothe Subconsultant upon request. The Consultant shall require all Sub- Subconsultants toprovide avalid certificate ofinsurance and the required endorsements included in this Agreement prior to commencement of any Services and will provide proof., Of compliance tothe City. 3
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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 Subconsrrltants.
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 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, el 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.
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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. RESERVED.
13. RESERVED.
14. 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.
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.
Proof of Insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the City Risk Manager:
CITY OF NEWARK
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
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 oaf 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:
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 injury; and
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C.
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.
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:
I. General Liability: $ 2, 000, 000 per occurrence for
including products and bodily injwy, personal injury, and completed operations, property damage. If a general
property damage, bodily aggregate limit applies, either the injury, and personal and general aggregate limit shall apply advertising injury) separately to this prc ject/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 $ 1, 000, 000 per claim; $ 2, 000, 000 Liability: aggregate.
C
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D. Deductibles and Self -Insured Retentions.
Any deductibles or self -insured retentions must be declared to and approved by the City Risk Manager. At the option of City, either: ( I) 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 Risk Manager or designee.
F. 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 14 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:
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.
II. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. 13est' s rating of no less than A: VII, unless otherwise acceptable to the City Risk Manager. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the 7 Packet Page 60
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 shall not be canceled during the term of this Agreement without notice to 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 Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the S,IR may be satisfied by either the named Insured or the City.
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.
S. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 14 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.
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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"
15. 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 19, herein below) a written report ( in a form acceptable to City) with the following information: ( a) names) 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 companv( ies), and d) a detailed description of -the damage( s) and whether any City property was involved.
16. 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.
In the event that Consultant or any employee, agent, or srrbconsultant 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 0 Packet Page 62
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.
17. 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.
18. TERM/TERMINATION.
A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by Consultant.
B. Notwithstanding the provisions of paragraph I8 Section A above, City may terminate this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon thirty ( 30) days' 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.
19. CONTRACT ADMINISTRATION. This Agreement shall be administered by STEVEN_TURNER, COMMUNITY DEVELOPMENT DIRECTOR of the City of Newark Administrator"). All correspondence shall be directed to or through the Administrator or his/ her designee.
20. NOT.ICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Set -vice, first class ( or equivalent) postage prepaid and addressed, in the case of Consultant, to:
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Stantec Consulting Services, Inc.
Trevor Macenski
Consultant
Address: Stantec
1340 Treat Boulevard
Suite 300
Walnut Creek, CA 94597
CITY OF NEWARK
STEVEN TURNER
Administrator
City of Newark
Attn: Steven Turner
37101 Newark Boulevard
Newark, CA 94560
21. 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.
22. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
23. 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.
24. 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 ofAlameda.
25. 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.
26. 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.
27. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
28. 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.
29. 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 11 Packet Page 64
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.
30. 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.
31. 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 bonafide 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.
IN WITNESS W-.
year first hereinabo e wri
CITY OF N W
a municipal orp i
By
1 y(of A
Date v"
Atte :
City Clerk
Date
Approved as to form:
City Attorney
F, the Parties hereto have executed this Agreement the day and k
12 Consultant Consulting Services, Inc.
By J
onsuhant
Date 5' ftc 1
Trevor W. Macenski
Printed Name
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Date 10 Waoq'f
13 Packet Page 66
EXHIBIT A
SCOPE OF SER VICES AND SCHED ULE
Consultant Tasks
The Consultant will be required to perform/ deliver the following:
Task 1. Review of Project Application Materials, Initial Study, and Peer Review of Technical Studies
Upon Project authorization, Consultant Principal in Charge Trevor and Project Manager Anna Radonich will meet in -person with the City to initiate the environmental review process. Lines of communication will be established, and the scope of work, schedule, and cost estimate will be reviewed and may be refined.
Consultant will prepare a draft Project Description for the City' s review based on the information provided during Project initiation, comments received on the NOP, and conclusions reached in the Initial Study.
Task 2. Notice of Preparation, AB 52 Consultation Outreach, Agency Consultation and Scoping Meeting
Consultant will prepare a draft ,Project Description for the City' s review based on the information provided during Project initiation, comments received on the NOP, and conclusions reached in the Initial Study. In addition, Consultant understands that the City will require assistance with AB 52 consultation. Consultant staffwill initiate consultation on behalf of the City and include the results in the EIR.
Task 3. Prepare Administrative Draft EIR
Using the Project Description, _Initial Study, technical studies, results ofthe public scoping process, and other sources, Consultant will prepare the Administrative Draft EIR consistent with the requirements of CEQA, relevant case law, and the specifications of the City. Each resource area subjected to detailed evaluation in the EIR shall include descriptions of the existing setting. thresholds of significance used to gauge the magnitude and intensity of impacts, and practicable measures to avoid or reduce potentially significant impacts. Pursuant to CEQA Guidelines Section 15126. 6. Consultant will evaluate three alternatives to the Project. One alternative will be the CEQA- required " No -Project" alternative. The other two alternatives will be formulated in consultation with the City, and it is anticipated that at least one will consider reducing the Project intensity. Each alternative will be described in sufficient detail and evaluated against the Project to determine ifit will have fewer, equivalent, or greater impacts. A matrix will be provided comparing each alternative' s impacts on the various topical areas. The Alternatives section will also include a description of alternatives that were initially considered but ultimately rejected from further consideration.
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Task 4. Screencheck Draft FIR and Public Draft FIR
This task assumes technical staff time to respond to comments on the Administrative Draft EIR as well as time for editing. Consultant will then prepare and reproduce a Screencheck Draft EIR for submittal to the City for review prior- to distribution to the public. Once the Draft EIR is deemed acceptable for public distribution, Consultant will assist the City to upload the electronic copies of the Draft EIR, appendices, and forms ( tile NOC, Notice of Intent to Adopt [ NOI], and Summary Form) via CEQAnet to the State Clearinghouse website to start the 45- day public review period.
Consultant will provide an electronic copy and hardcopies to the City, and the City will be responsible for local distribution, noticing, and posting. Finally, this Scope of Work assumes that City staff will prepare and mail all notices associated with the Draft EIR to local agencies and interested parties.
Task 5. Administrative Draft Final FIR, based on one set of consolidated City comments After the close of the 45- day public comment period, Consultant will prepare the Administrative Final EIR that would include, bracketed comment letters, response to comments, and Draft EIR errata ( in strikeout- underline format). Consultant will prepare Master Responses to address multiple comments raising sarne concerns. The responses to comments will be prepared based on the CEQA Guidelines and the City' s CEQA implementing procedures. Consultant assumes that no more than 25 individual responses to comments would be required, and any additional comments require more responses would be evaluated under a separate scope and fee.
Task 6. Final FIR, Responses to Comments, MMRP, and Findings of Fact Consultant will revise the Administrative Final EIR by incorporating written responses to comments received from City staff yielding a Screencheck Final EIR for City review. The Final EiR shall comprise the Drat EIR, comments on the Draft EIR, and responses to all comments on the Draft I IR, including any necessary changes to the Draft EIR text. Submittal of the Final EIR shall be accompanied by submittal of the Final MMRP, as outlined below. Consultant will present the Final EIR and MMRP to the .Planning Commission and City Council ,for certification at a public hearing. Once comments are received on the Screencheck Final .EIR, Consultant will finalize and produce the Final EIR. Consultant will also prepare the Notice of Detennination ( NOD) for the Project, which the City will file within 5 business days of EIR certification.
Task 7. Staff Meetings and Project Management
Consultant' s Project Manager and required key staff, depending on the meeting topic, will attend one -hour weekly team meetings for the duration of the Project, for up to 40 weeks. In addition to the scoping meeting, Consultant will present at one Planning Commission and one City Council meeting. Four in -person meetings are included as optional tasks.
Assumptions
Consultant will be responsible for preparing all notices related to the state CEQA Guidelines for the preparation and public release of -the EIR ( i. e., NOP, NOA, NOC, and NOD).
City will prepare and publish the NOP and NOA in the local newspaper.
Consultant. with the assistance of City staff, will prepare noticing materials and/ or public meeting materials in English related to the Environmental Review Process and environmental analysis in the EIR.
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Consultant anticipates one ( 1) round of review of the :Peer Review technical studies.
Consultant anticipates one ( 1) round of review of the Administrative Draft EIR and one ( 1) round of review of the Screencheck Draft EIR.
Consultant anticipates one ( 1) round of review of the Administrative Draft Final EIR and one ( 1) round of review of the Screencheck Final EIR.
Consultant' s scope assumes that there will be no more than 25 individual comments to respond to in the Final EIR, and responses to additional comments would require supplemental scope.
The City will provide one ( 1) set of consolidated and vetted comments on all draft documents to Consultant.
Consultant will provide all documents to the ICity in electronic format ( Microsoft Word and PDF). and hard copies.
Should additional costs related to printing and of hard copies be realized. Consultant shall notify the City and request additional funds.
Consultant will be responsible for submitting the electronic versions on the State Clearinghouse CEQA portal with assistance from the City.
Optional attendance at four one -hour in -person meetings with City staff.
Weekly one -hour meetings for the duration of the EIR for approximately 40 weel<s to discuss work progress/ review of draft documents, with one or two key staff members, depending on topic.
Attendance of one community scoping meeting
Attendance at one Planning Commission meeting and one City Council meeting Consultant will be responsible for distribution of public review documents.
An internal review and comment period will be conducted by the Project team for each document submitted to the City.
The Agreement scope of work may be adjusted, subject to the Agreement, based on the City' s review ofthe Applicant' s project, review of NOP comments, necessity for additional technical analysis to conform with CEQA statutes, or other work mutually agreeable to the City and Consultant.
The schedule for completing this Scope of Service is provided in Table 1: Schedule.
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Table 1: Schedule
Contract Awarded; Project Initiation Meeting_ Receipt of Approvcd Project Plans, and all Background Information Week 1
Conduct Peer Review of Technical Studies and Initial Study Week 2 Draft Project Description for City Rcvicw Week 4*
Receive Comments from the City Week
Submit Revised Initial Study and NOP for City Review Week 7 Receive Comments from the City Week 9
Issue NOP for 30- day review period°aM Week 10*
Notice to Tribes 30 Dnrs to Request Consultation Week 1 1 FIR Scoping Meeting Week 13
NOP ( Comment Period) and All 52 ( Request Consultation Period) Ends Week 17 City begm COMMItotion 30Daju• gfter Tribes request to consult ( City -action) Week 17 Submit Admin Draft L IR to the City** Week 20
Receive Cite Comments on Admin Drafl F1IR ( Stantec to attend up to one working meeting with City to review comments) Week 22
Submit Revised " Screencheek" Draft FIR to City Week 2 3* Receive Comments from the City Week 24
Distribute Draft 1: 1R for Public Review** ( 45- days) Week 26 End of Public Rcvicw Period Week 33
Submit Admin Pinal FIR. Responses to Comments and Admin Draft MMRP to City Week 35 Receive Comments on Admin Final E1R, and Admin Draft i\MMRP to City Week 37 Submit Final FIR, Final MMRP. and Draft Findings and Statement of Overriding Considerations to City ( if warranted) Week 38
Submit Final Findings and Statement of Over, iding Considerations to City Week40 Public Ilearings ( Planning Commission) To be Determined
Public
IIcarings ( City Council)** To be Determined
Notes:
Identifies
critical path scheduling item. identifies
a milestone event.
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EXHIBIT B
PA YMENT
Table 1, Agreement_ Budget, includes detailed costs based on Task 1 through Task 7, broken down by hourly staffing levels and inclusive of all changes associated with the Project. Charges for all professional, technical, and administrative staff directly charging time to the Project will be calculated and billed on the basis of Table 2, Consultant' s 2021 Master Environmental Services Schedule. In summary, total labor costs associated with this scope of work are $ 162, 708, inclusive of the optional meeting tasks. Direct costs are estimated at $ 7, 000. As such, the total budget for this scope of wort: is $ 169, 708.
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Table 2: Consultant' s 2021 Master Environmental Services Schedule M
Junior Level Position
3 101 Works under the supervision of a senior professional 4 1 12
Independently carries out assignments of limited scope using standard 5 127 procedures, methods and techniques
Assists senior staff in carrying out more advanced procedures Completed work is reviewed for feasibility and soundness of judgment Graduate from an appropriate post -secondary program or equivalent Generally, less than four years' experience
Fully Qualified Professional Position
6 131 Carries out assignments g requiring re q g general familiarity within a broad field of 7 138 the respective profession
8 148 Makes decisions by using a combination of standard methods and techniques Actively participates in planning to ensure the achievement of objectives Works independently to interpret information and resolve difficulties Graduate from an appropriate post -secondary program, with credentials or equivalent
Generally, three to six years' experience
First Level Supervisor or First Complete Level of Specialization 9 153 Provides applied professional knowledge and initiative in planning and 10 158
coordinatingwork programs
11 172
Adapts established guidelines as necessary to address unusual issues Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgment
Graduate from an appropriate post -secondary program, with credentials or equivalent
Generally, five to nine ears' experience
Highly Specialized Technical Professional or Supervisor of Groups of Professionals 12 181 Provides multi -discipline knowledge to deliver innovative solutions in related field of 13 190
expertise
14 200 Participates in short and long range planning to ensure the achievement of objectives
Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures
Reviews and evaluates technical work
Graduate frorn an appropriate post -secondary program, with credentials or equivalent
Generally, ten to fifteen years' experience with extensive, broad experience Senior Level Consultant or Management
15 212 Recognized as an authority in a specific field with qualifications of significant value 16 234 Provides multidiscipline knowledge to deliver innovative solutions in related field of 17 241 expertise
i Independently conceives programs and problems for investigation Participates in discussions to ensure the achievement of program and/ or project objectives
Makes responsible decisions on expenditures, including large sums or implementation of major programs and/ or projects
Graduate from an appropriate post -secondary program, with credentials or equivalent
Generally, more than twelve ears' experience with extensive experience Packet Page 73
Senior level Management Under Review by Vice President or Higher 18 246 Recognized as an authority in a specific field with qualifications of significant value 19 256 Responsible for long range planning within a specific area of practice or region 20 21 265
282
Makes decisions which are far reaching and limited only by objectives and policies of the organization
Plans/ approves projects requiring significant human resources or capital investment
Graduate from an appropriate post -secondary program, with credentials or equivalent
Generally, fifteen years' experience with extensive professional and management experience
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EXHIBIT C
QUALIFICATIONS
Stantec- Please add a brief; general overview of the cornpany' s qualifications that relate to the Scope of Work. OK to add resumes of Principal -in -Charge and Project Manager] Packet Page 75
5 Stantec
Stantec Consulting Services, Inc.
1340 Treat Boulevard, Suite 300, Walnut Creek, California 94597 General Qualifications
Stantec's role would be to assist the City of Newark (City) in preparing the Environmental Impact Report EIR) that complies with California Environmental Quality Act ( CEQA) in the most time -efficient, technically sound, and cost- effective manner possible. Our local strength, knowledge, and relationships, coupled with our world -class expertise, have allowed us to go anywhere to meet our clients' needs in more creative and personalized ways. Stantec has the unique ability to connect to projects on a personal level and advance the quality of life in the communities that we partner with. Stantec' s team has experience working together on a number of similar projects to provide high quality and legally defensible CEQA documentation, technical studies on all impact topics, environmental permitting ( including agency consultation), and planning and entitlement assistance, even acting as extension to staff to facilitate approvals for project plans/ designs and communicating/ presenting to the public. We collaborate across disciplines and industries to bring buildings, energy and resource, environmental, water, and infrastructure projects to life. We have a long- term commitment to the people and places that we serve.
With more than 3, 000 environmental staff globally, we are a knowledge - based organization, and our employees are passionate about their work. Our California Planning and Environmental Services team produces documents that accurately gauge and disclose risk while reducing risk to people and the environment. We specialize in helping you prepare the necessary documents to comply with state and federal environmental review laws and associated policies, rules, executive orders, and other applicable criteria that are legally defensible. Collectively, we have extensive experience delivering EIRs for controversial projects and have a deep understanding of all the intricate steps required to do so successfully for the City.
Qualifications of Project Management Team
Trevor Macenski — Principal -in -Charge: Trevor leads Stantec' s national Environmental Impact Assessment practice and brings a creative, problem -solving approach to his role as a liaison between the various participants in the planning, permitting, and project development process, including project sponsors, engineers, attorneys, lead and responsible agencies, and concerned community groups.
Trevor has consulted multiple cities in the Bay Area on infill projects implementing the current CEQA streamlining provisions under SB 375 and SB 226. He is an experienced environmental impact assessment practitioner, a skilled public presenter, and an educator in the environmental field. Trevor has worked on over 100 CEQA documents, including more than 25 EIRs that have been litigated, and has two published CEQA court cases to his name without a single document having been overturned. Trevor is also a City Council Member for the City of Benicia and was previously on the Planning Commission and Historic Preservation and Design Review Commission for the City of Benicia. He understands the municipal planning process and is sensitive to community concerns.
Anna Radonich —Project Manager: Anna manages Stantec project teams, and she contributes analytical work products documenting CEQA compliance for agency decisions related to urban development, redevelopment, and infill projects. As an experienced urban and environmental planner with 16 years of professional experience, she synthesizes, reformats, and adapts knowledge generated by Stantec investigations for the specific needs of cities' planning and CEQA compliance efforts in processing planning applications for mixed -use developments, in -fill projects, and commercial projects within the community. Anna has experience in environmental compliance strategies for land use and local development projects in both the public and private sectors. She has experience coordinating regulatory Sfantec I City of Newark Mowry Village Residential Project Environmental Impact Report Packet Page 76
3 Stantec
Stantec Consulting Services, Inc.
1340 Treat Boulevard, Suite 300, Walnut Creek, California 94597 review and compliance, including facilitating public engagement, participating in regulator proceedings, and tracking compliance requirements. Anna is also a Planning Commissioner for the City of Lafayette.
Experience Providing Similar Services
The following are examples of a few of Stantec' s recent relevant project experiences.
Caritas Village Project EIR, Santa Rosa, California: Stantec assisted the City of Santa Rosa with CEQA compliance for a comprehensive homeless services and emergency housing shelter and affordable housing project.
City of Vacaville On -Call Environmental and Planning Services Contract, Vacaville, California:
Stantec has provided environmental services to the City of Vacaville for the past five years under the On - Call Contract and has successfully completed six CEQA documents related to redevelopment and infill development.
469 Stevenson Street Mixed -Use Affordable Project EIR, San Francisco, California: Working with the City and County of San Francisco, Stantec prepared the CEQA documentation for a proposed 28- story, 495 dwelling units, mixed -use affordable housing project in San Francisco.
Midway Village Affordable Redevelopment Project SCEA, Daly City, California: Stantec assisted the City of Daly City with CEQA and National Environmental Protection Act (NEPA) compliance for the Midway Village Redevelopment Project on approximately 11 acres.
City of Vallejo On -Call Environmental and Planning Services Contract, Vallejo, California: Stantec has provided planning services to the City of Vallejo over the past three years under the planning on -call contract supporting development projects. In the past three years, our team has successfully completed 11 CEQA documents related to redevelopment and infill development.
City of Redwood City On -Call Environmental and Planning Services Contract, Redwood City, California: Stantec has provided environmental services to the City of Redwood City for the past five years under the On -Call Contract and has successfully completed three CEQA documents related to redevelopment and infill development.
Stantec I City of Newark Mowry Village Residential Project Environmental Impacl Reporl Packet Page 77
Trevor Macenski
Trevor leads Stantec' s national Environmental Impact Assessment practice MS, Environmental Science and and brings a creative, problem -solving approach to his role as a liaison Policy, The John Hopkins between the various parlicipants in the planning, permitting, and project University, Ballimore, Maryland development process, including project sponsors, engineers, attorneys, lead BS, Environmental Policy Analysis and responsible agencies, and concerned community groups, Trevor has and Planning, University of consulted various cities in the Boy Area on infill projects implementing the California, Davis current CEQA Streamlining provisions under Senate Bill ( SB) 375 and SB 226.
He is an experienced environmental impact assessment practitioner, a skilled public presenter, and educator in the environmental field. He has Wetland Delineator Certification experience coordinating all phases of regulatory review and compliance, Program, Wetland Training Institute,
Rocklin, California including preparing permit applications, facilitating public engagement, participating in hearings and regulatory proceedings, and tracking Watershed Management, US Environmenlol Protection
compliance requirements. Trevor has worked on over 100 CEQA Agency, Sacramento, California documents, including more than 25 EIRs that have been litigated and has Air Pollution Trainino lnslltufe( APTI),
two published CEQA court cases to his name without a single document US Environmental Protection having been overturned. Trevor brings a creative, problem -solving Agency, Sacramento, California approach to his role as a liaison between the various participants in the CEQA Advanced Workshop
planning and project development process, including the project sponsors, Series, Association of
engineers, attorneys, lead and responsible agencies, and concerned Environmental Professionals, community groups. Trevor is also adjunct faculty of the University of Sacramento, California California, Davis where he teaches Environmental Impact Assessment Hazardous Waste Operotions, methodologies and is a Planning Commissioner for the City of Benicia.
Network Environmental
Post Director - Superior and Bay 1 100 El Camino Real Redevelopment Project SCEA I Millbrae Area Chapters, Association of 1 180 Main Street Office Redevelopment Project I Redwood City Environmental Professionals
148 Peabody Road .Apartments Infill Class 32 Exemption I Vacaville 3575 Mendocino Avenue Project SCEA and EA I Santa Rosa
469 Stevenson Street Mixed -Use Infill Project FIR I San Francisco 6501 Shattuck Avenue Mixed -Use Project I Oakland
Ashton Place Unit 3 Infill Project I Vacaville
Borges Ranch Hillside and Greenfield Project IS/ MND I Vallejo Caritas Village Project EIR I Santa Rosa ( AEP Award)
Central North/ Central South Waterfront Contract Planning Services I Vallejo Comfort Suites Infill Project IS/ MND I San .lose
Destination Sacramento Program CEQA Addendum Infill Project I Sacramento East Main District Redevelopment and Infill Project I Vacaville Holliday Development Vallejo Station Mixed -Use Class 32 Exemption I Vallejo International Boulevard Senior Apartments Infill Project I Oakland Mare Island Contract Planning Services I Vallejo
Moffett Federal Airfield I Sunnyvale and Mountain View
North McKay Ranch Subdivision Greenfield Project FIR I Humboldt County North Village Specific Plan Planning Study and Supplemental FIR I Vacaville Northern Waterfront Contract Planning Services j Vallejo Solana 360 Specific Plan FIR 15olono County
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Anna M. Radonich
BS, Environmental Economics and
Policy, University of California,
Berkeley, California, 2001
Association of Environmental
Professionals
As an experienced environmental planner with 18 years of professional experience, Ms. Radonich synthesizes, reformats, and adapts knowledge generated by Stantec investigations for the specific needs of cities' planning and CEQA/ NEPA compliance efforts for planning applications for infill projects, affordable housing projects, mixed -use and residential housing projects, and city -sponsored infrastructure projects wiihin the community.
Her experience includes CEQA and NEPA, land use, and entitlement processing.
1100 El Camino Real Redevelopment Project SCEA I Millbrae 1 180 Main Street Office Redevelopment Project I Redwood City 148 Peabody Road Apartments Infill Class 32 Exemption I Vacaville 3575 Mendocino Avenue Infill and Redevelopment Project SCEA and EA I Santa Rosa
469 Stevenson Street Mixed -Use Infill Project EIR I San Francisco Midway Village Affordable Housing Redevelopment Project SCEA and EA I Daly City
Brunswick Affordable Senior Housing Project SCEA I Daly City 6501 Shattuck Avenue Mixed -Use Project I Oakland
Ashton Place Unit 3 Infill Project I Vacaville
Aspire ERES Oakland Charter School Infill Project I Oakland ( AEP Award)
Borges Ranch Hillside and Greenfield Project ISMND I Vallejo Central North/ Central South Waterfront Contract Plannina Services Vallejo
Crocker Drive Waterline Exiension Infrastructure project I Vacaville Drake' s Point Radio Tower Project I Vacaville
East Main District Redevelopment and Infill Project I Vacaville Ferry Terminal Parking Garage Expansion Projecl CEQA Addendum Vallejo
Holliday Development Vallejo Station Mixed - Use Class 32 Exemption Vallejo
Home 2 Suiles Hotel Infill Project I Vacaville
International Boulevard Senior Apartments Infill Project I Oakland La Ouinta Hotel Infill Project ISMND I Vallejo
LDK Warehouse Greenfield Project I Vacaville
LDK Parking Lot Expansion Categorical Expansion I Vacaville North Village Specific Plan Amendment EIR I Vacaville
Peabody Road Bridge Replacement and Creek Restoration Project Vacaville
Six Flags Discovery Kingdom Batman Ride Infill Project ISMND Vallejo
Touro University Student Housing Redevelopment Supplernental EIR Vallejo
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Item D. 6.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Second Reading and Adoption of an Ordinance Amending Zoning Map Established Pursuant to Title 17 of the Newark Municipal Code associated with the FMC Willow and Grand Park Project
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council conduct a Second Reading and, by title only, adopt an Ordinance which amends the Official Zoning Map by rezoning properties described as Business and Technology Park (BTP) and Park (PK) to Medium Density with Form Based Code (RM-FBC), Commercial Mixed Use with Form Based Code (CMU-FBC), Transit Station (TS), Public Facilities (PF), and Park (PK), associated with Vesting Tentative Map 8559.
BACKGROUND
Willow Project Owner, LLC has submitted an application to develop “FMC Willow and Grand Park”, a mixed-use development on the subject property which is owned by FMC Corporation, Lennar Homes, and Willow Project Owner, LLC. The proposed project would be sited on 22.1 acres located northwest of the intersection of Willow Street and Enterprise Drive within the Bayside Newark Transit Oriented Development Specific Plan (Specific Plan), formerly known as the Dumbarton Transit Oriented Development Specific Plan. The proposed project would redevelop the vacant, former industrial site into a 279-unit multifamily community along with a mixed-use building consisting of 3,600 square feet of retail and 91 multifamily affordable units (including a manager’s unit) and a 1,485 square foot community building, along with approximately
1.8 acres set aside for a future transit station.
DISCUSSION/ANALYSIS
Zoning Map Amendment
The site is currently zoned as Business and Technology Park (BTP) and Park (PK) which allows advanced technology research and development, manufacturing, and related support facilities, along with parks in the area designated as Park. The BTP zoning districts are remanent districts from prior industrial uses before the adoption of the Bayside Newark Specific Plan.
There are three significant zoning changes requested. The first was due to the proposed mixed use building which included the affordable housing units and the Packet Page 80
ground floor retail within the same building. The mixed use building provides a density of 56.88 which is consistent with allowed density ranges of 30-60 du/acre per the CMU zoning district. The mixed use zoning district was not originally included as a proposed land use in the Specific Plan, but providing the ability to have a mixed building is consistent with the intent of the Specific Plan, including the policies encouraging affordable housing and retail uses near the transit station area. The second change is due to the proposed market-rate units which were envisioned in the Specific Plan. The overall proposed density of 20.89 dwelling units per acre within the proposed Residential Medium Density (RM) zoning district would be consistent with the allowed density ranges of 14 to 30 du/acre. Thus, the site would require a rezoning of approximately 13.35-net acres from Business and Technology Park (BTP) to Residential Medium Density with Form Based Code (RM-FBC). The third change was due to the transit station area parcel, which was envisioned by the Specific Plan. The transit station area specifications were influenced by the station area planning memorandum. The Specific Plan had envisioned approximately 6 acres being utilized for a transit station. The new transit station area site would be 1.8 acres, and the project would require a rezoning of 1.8 net acres of Business Technology Park (BTP) to Transit Station (TS) (2.10 gross acres).
In addition to the rezonings described above, rezoning the San Francisco Public Utilities Commission lands (known as the Hetch-Hetchy parcels) and areas including the Grand Park and adjacent residential areas would be required. Since the Hetch-Hetchy site goes through the project site, it would need to be rezoned to Public Facilities (PF). The Grand Park was previously 5 acres; however, the proposed project would include adjustments of park boundaries, so a portion of the site to the east would need to be rezoned to Park (PK) and the northeastern portion currently zoned as Park (PK) would need to be rezoned to Residential Medium Density with Form Based Code (RM-FBC).
On September 22, 2022, City Council approved the project which included the first reading and introduction of the ordinance. The second reading and adoption of the ordinance to approve the Zoning Map amendments is required. The changes in zoning districts are key to implementing and allowing the densities and intensities that are associated with project conceptual plans.
FISCAL IMPACT
There is no fiscal impact associated with conducting the second reading of and adopting the Ordinance to approve a Zoning Map Amendment.
ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The Planning Commission recommended approval of the FMC Willow project on July 12, 2022 by a vote of 4-0 (1 absent). As part of the project approval by City Council on September 22, 2022, an Initial Study and Addendum were performed and found no additional environmental impacts were created by the FMC Willow and Grand Park project compared to the original Program Environmental Impact Report.
REVIEW AND APPROVAL
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Prepared by - Art Interiano, Deputy Community Development Director Reviewed by - Steven Turner, Community Development Director Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Draft Ordinance for Zoning Map Amendment
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(ord1)
ORDINANCE NO. ___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING THE OFFICIAL ZONING MAP
ESTABLISHED PURSUANT TO TITLE 17 (ZONING) AND
SECTION 17.03.020 OF THE NEWARK ZONING
ORDINANCE BY REZONING ALL THAT REAL PROPERTY
SHOWN ON THE VESTING TENTATIVE MAP 8559 FROM
BUSINESS AND TECHNOLOGY PARK (BTP) AND PARK
(PK) TO MEDIUM DENSITY RESIDENTIAL WITH FORM
BASED CODE (RM-FBC), COMMERCIAL MIXED USE WITH
FORM BASED CODE (CMU-FBC), TRANSIT STATION (TS),
PUBLIC FACILITIES (PF), AND PARK (PK)
WHEREAS, Willow Project Owner, LLC (“Applicant”) submitted applications for a General Plan Amendment, Zoning Map Amendment, Specific Plan Amendment, Design Review, Minor Use Permit, Density Bonus, Park Agreement Amendment, Alternative Means of Compliance to Payment of Housing Impact Fee, Vesting Tentative Map, and an Addendum to the Dumbarton Transit Oriented Development Specific Plan Environmental Impact Report with the City of Newark to allow phased residential and commercial development at 8787 Enterprise Drive (APNs 537-0852-001-08, 537-0852-002-09, & 092-0100-005) (the “Project”); and WHEREAS, in accordance with the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA”) and sections 15162 and 15164 of the CEQA Guidelines, an initial study and addendum (collectively, “Addendum”) was prepared for the Project which determined that the Project does not result in any new significant impacts or change the conclusions contained in the Environmental Impact Report for the Dumbarton Transit-Oriented Development Specific Plan (SCH 2010042012); and WHEREAS, a component of the Project is an amendment to Title 17 (Zoning) of the Newark Zoning Ordinance and the Official Zoning Map, to rezone property described as follows:
From Business and Technology Park (BTP) and Park (PK) to Medium Density with Form Based Code (RM-FBC), Commercial Mixed Use with Form Based Code (CMU-FBC), Transit Station (TS), Public Facilities (PF), and Park (PK); and WHEREAS, Exhibit A to this Ordinance depicts the affected portions of real property proposed for re-zoning as shown on Vesting Tentative Tract Map 8559 in the City of Newark, County of Alameda; and
WHEREAS, as described fully in section IV of the Findings of Determinations for the Project attached hereto as Exhibit B and incorporated herein, the City Council finds that the Ordinance meets the following criteria required by Newark Municipal Code section 17.39.080:
a. The amendments are consistent with the General Plan; Packet Page 83
Ordinance No. 2
b. Any change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district; and
c. The amendments will promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare; and WHEREAS, pursuant to Newark Zoning Ordinance Section 17.39.050.C, a public hearing notice was published in the Tri-City Voice on July 12, 2022, and mailed as required, and the Planning Commission held a public hearing to consider the Ordinance at 7:00 p.m. on July 12, 2022 at the City Administration Building, 37101 Newark Boulevard, Newark, California, and the Planning Commission voted 4-0 (1 absence) to recommend that the City Council adopt the Ordinance; and
WHEREAS, pursuant to Newark Zoning Ordinance Section 17.39.050.C, a public hearing notice was published in the Tri-City Voice on August 23, 2022, and mailed as required, and the City Council held a public hearing to consider the Ordinance on September 8, 2022 and September 22, 2022 at 7:00 p.m. at the City Administration Building, 37101 Newark Boulevard, Newark, California.
The City Council of the City of Newark does ordain as follows:
Section 1: The above recitals are true and correct and are incorporated herein.
Section 2: Based on the substantial evidence set forth in the record, the City Council of the City of Newark finds that the Addendum adequately evaluates potential environmental impacts of the Project, including the rezonings in this Ordinance, consistent with the requirements of CEQA and the CEQA Guidelines. The applicable mitigation measures identified in the Specific Plan EIR would ensure that any potential environmental impacts of the Project would be reduced to less than significant levels. The impacts identified in the Specific Plan EIR as significant and unavoidable remain significant and unavoidable but the Project does not increase those previously identified impacts in their severity. No new mitigation measures are required to mitigate environmental impacts associated with the Project. Therefore, the Addendum supports the City's consideration of the Project, as outlined in the State CEQA Guidelines Section 15162 and 15164.
Section 3: Pursuant to Section 17.39.080 of the City of Newark Zoning Ordinance, the City Council of the City of Newark does hereby make the Findings and Determinations attached hereto as Exhibit B and incorporated herein, including specifically the findings contained in section IV, which support the zoning map amendments in this Ordinance. The City Council further finds that the that this Ordinance is necessary and desirable to achieve the purposes of Title 17 (Zoning) of the Newark Zoning Ordinance; is consistent with the policies, goals, and objectives of the General Plan; and promotes the public health, safety, morals, comfort, convenience, and general welfare of the residents of the City of Newark.
Section 4: The City’s Official Zoning Map established pursuant to Title 17 (Zoning) and Section 17.03.020 of the Newark Zoning Ordinance is hereby amended by rezoning and Packet Page 84
Ordinance No. 3
redistricting the territory in the City of Newark, County of Alameda, State of California as shown on Exhibit A attached to this Ordinance, which is incorporated herein.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted.
Section 6: Effective Date. This ordinance shall take effect thirty (30) days from the date of its passage. Before expiration of fifteen (15) days after its passage, this ordinance shall be published in The Argus, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.
Exhibit A: Zoning Map Amendment for real property shown on Vesting Tentative Tract Map 8559
Exhibit B: Findings of Determinations for the FMC Willow Project Packet Page 85
ENTERPRISE DRIVE (PUBLIC)
WILLOW STREET (PUBLIC) 'A' WAY 'A' WAY
'B' STREET'D' PLACECOURT 1
'B' STREET
COURT 9
'G' STREET 'H' STREET 'E' PLACE
BLDG 6 BLDG 14
BLDG 10
BLDG 5
BLDG 12
BLDG 13 BLDG 30 BLDG 29 BLDG 28 BLDG 27
BLDG 26
BLDG 25
BLDG 23
BLDG 21
BLDG 17
BLDG 16
BLDG 15
BLDG 42
BLDG 39
BLDG 43
BLDG 2
BLDG 1
BLDG 3
BLDG 4
BLDG 7 BLDG 8 BLDG 9
BLDG 11
'C' WAY 'F' WAY
BLDG 18
BLDG 19
BLDG 20
BLDG 24
BLDG 22 COURT 4 COURT 3
BLDG 31 BLDG 32 COURT 5 BLDG 33 BLDG 34BLDG 35 BLDG 36 BLDG 37 BLDG 38 COURT 6 COURT 7 COURT 8
BLDG 40
BLDG 41 COURT 10 'H' WAY
TRANSIT
STATION COURT 2 GRAND
PARK
ENTERPRISE DRIVE (PUBLIC)
WILLOW STREET (PUBLIC) COURT 10
BLDG 41
BLDG 40 COURT 6 COURT 7 COURT 8
BLDG 36BLDG 37 BLDG 33 BLDG 34BLDG 35 COURT 5
BLDG 31 BLDG 32 COURT 3 COURT 4
BLDG 22
BLDG 24
BLDG 20
BLDG 19
BLDG 18
'F' WAY
'C' WAY
BLDG 11
BLDG 9
BLDG 7 BLDG 8
BLDG 4
BLDG 3
BLDG 1
BLDG 2
BLDG 43
BLDG 39
BLDG 42
BLDG 15
BLDG 16
BLDG 17
BLDG 21
BLDG 23
BLDG 25
BLDG 30 BLDG 29 BLDG 28 BLDG 27 BLDG 13
BLDG 12
BLDG 5
BLDG 10
BLDG 14 BLDG 6 'E' PLACE 'H' STREET
'G' STREET
COURT 9
'B' STREET COURT 1 'D' PLACE
'B' STREET 'A' WAY
'A' WAY
BLDG 38
BLDG 26 COURT 2 GRAND
PARK
FUTURE TRANSIT
STATION
F:\2674-000\2674-010\ACAD\EXHIBITS\XB-076_ZONING AMENDMENT OVERLAY.DWG TRACT 8559
ZONING CHANGES
FMC WILLOW
CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1"=100' DATE:JULY 5, 2022
0 100 200 300
CURRENT APPROVED ZONING
PROPOSED ZONING
LEGEND
RESIDENTIAL MEDIUM DENSITY WITH
FORM BASED CODE (RM)
COMMERCIAL MIXED USE WITH
FORM BASED CODE (CMU-FBC)
PARKS (PF)
PUBLIC FACILITIES (PF)
ZONING AMENDMENT SUMMARY
ZONING DISTRICT CURRENT ZONING PROPOSED ZONING PROPOSED ZONING CHANGE
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
BUSINESS AND TECHNOLOGY PARK (BTP)
TRANSIT STATION (TS)
Packet Page 86
EXHIBIT B: Findings of Fact
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I. California Environmental Quality Act Determination (Cal. Public Resources Code Section 21000, et. seq.)
The Dumbarton TOD Specific Plan was adopted after certification of a full environmental impact report.
The City of Newark (City) certified a Program Environmental Impact Report (PEIR) for the Bayside Newark Transit Oriented Development (TOD) Specific Plan (Specific Plan), formerly known as the Dumbarton TOD Specific Plan (State Clearinghouse No. 2010042012, July 2011).
The City required preparation of an Initial Study (IS) to determine whether those changes to the FMC Willow and Grand Park project would result in any new or more substantial impacts from those identified in the prior adopted 2011 PEIR. Generally, the project’s increased residential density replaces existing commercial and office. The IS concludes, based upon substantial evidence, that the proposed FMC Willow and Grand Park project is similar to the project evaluated in the adopted 2011 PEIR and would not cause any new or more severe impacts not previously addressed. Similar to the approved project, the proposed project involves the construction of a commercial/mixed-use and residential development, with a future transit station and recreational open space. As supported in the analysis contained in the accompanying IS, there are no substantial changes proposed in the FMC Willow and Grand Park project which would result in any new significant environmental effects or a substantial increase in the severity of significant effects previously identified in the 2011 PEIR. There is no new information of substantial importance which was not known for the 2011 PEIR, and no new mitigation measures are necessitated by new impacts. Therefore, under CEQA Guidelines 15162 and 15164, no further environmental analysis is required as none of the circumstances in Section 15162 exist and the City finds that an addendum to the 2011 PEIR is appropriate for the project.
The IS and addendum (together the “IS/Addendum”) is incorporated into these findings by reference.
II. General Plan Amendment
Pursuant to Newark Municipal Code Chapter 17.38, the City finds as follows:
A. Reasons for the recommendation - The General Plan Amendment is required to allow the proposed change in uses permitted on the 22.1 acre Project Site, and ensure consistency with the concurrently approved Bayside Newark TOD Specific Plan (“Specific Plan”) Amendment and Rezoning, by amending the General Plan land use map to designate the Project Site with Medium Density Residential, Commercial Mixed Use, Public Institutional, and Parks and Recreation Facilities land use designations, a change from the existing Community Commercial, High Density Residential, Parks and Recreational Facilities, and Public Institutional designations.
B. Findings related to supporting the recommendation1. The request for the General Plan Amendment is consistent with the requirements and procedures set forth in the General Plan and Specific Plan;
2. The proposed Project (specifically including the General Plan Amendment, Specific Plan Amendment, Rezoning, Design Review, Minor Use Permit, Vesting Tentative Tract Map No.
Packet Page 87
EXHIBIT B: Findings of Fact
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8559, and Affordable Housing-Alternative Means of Compliance to Payment of Housing Impact Fee) is consistent with the General Plan, including the following General Plan policies:
Policy LU-1.1 Balance of Uses. Maintain a reasonable balance of land uses in the city so that residents can live close to where they work and satisfy their shopping, educational, personal, health, entertainment, and recreational needs close to home. The Project would result in the development of market rate and affordable housing adjacent to retail and recreational uses, as well as a future transit station.
Policy LU-1.2 Growth Focus Areas. Achieve a future growth pattern which includes new neighborhoods on vacant land along the southern and western edges of the city, and infill development in transit-served areas such as Old Town and the Greater NewPark Mall Area.
Zoning and development review decisions should recognize these areas as the priority locations for growth and change over the next 20 years. The Project would redevelop vacant, blighted former industrial sites on the western edge of the City with 279 market rate residential units, 90 affordable housing units, retail uses and parks/recreational uses.
Policy LU-1.4 Coordinating Land Use and Transportation Decisions. Coordinate land use and development decisions with the capacity of the transportation system and plans for future transportation improvements. The Project would develop residential and retail uses adjacent to, and reserve property for, a future transit station. As part of the Project, the applicant is dedicating the property for the future transit station.
Policy LU-1.6 Strengthening the Retail Base. Diversify the retail base of the city to create jobs, generate tax revenue to support City services, and enable residents and workers to find the goods and services they need without leaving Newark. The Project would develop retail uses on an underutilized, former industrial vacant site, increasing tax revenue.
Policy LU-1.8 Housing Opportunity Sites. Ensure that adequate sites are provided for the private and non-profit sectors to develop housing for seniors, persons with disabilities, and lower income households. Such housing should be well designed and managed, and located in a manner that is compatible with existing uses and neighborhood character. The Project would develop 90 high quality affordable housing units, which will be professionally managed along with the 279 market rate townhome units proposed by the Project, as a 370-unit mixed use community.
Policy LU-1.9 Park and Recreation Expansion. Expand park and recreational lands and facilities to keep pace with population growth and support the leisure time needs of Newark residents. The Project would include a five-acre community park (Grand Park), as well as a 1,485 square foot community building.
Policy LU-1.10 Vacant and Underutilized Sites. Encourage the development of Newark's remaining vacant and underutilized sites for their highest and best use, consistent with the designations shown on the General Plan Diagram. Future growth in the city should generally be directed to the areas identified in this General Plan. The Project would redevelop vacant, blighted former industrial sites on the western edge of the City with 279 market rate residential units, 90 affordable housing units, retail uses and parks/recreational uses.
Packet Page 88
EXHIBIT B: Findings of Fact
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Policy LU-1.15 Mixed-Use. Provide opportunities for development combining residential and commercial uses (e.g. "mixed-use" development) in areas where the impacts of one land use on the other and the impacts on nearby neighborhoods can be sufficiently mitigated. The Project would redevelop vacant, blighted former industrial sites with a mixed used residential community that incorporates commercial/retail uses as part of the Project.
Policy LU-2.3 High-Quality Development. Maintain standards for medium-density, highdensity, and mixed-use development that ensure high quality development and adequate buffering and screening from nearby lower density uses. The Project would comply with the Specific Plan’s design guidelines and all the other standards imposed by the Design Review to ensure high quality development and adequate buffering, as applicable. The project will be buffered to the west by a 5-acre grand park. The bay trail corridor along Enterprise Drive will include a 7-foot landscape strip with tree planting and a 12-foot concrete pedestrian trail. Along the north side of the project is the Sam Trans right of way where a soundwall will be constructed along the property line. The east side of the project adjacent to Willow Street will include the future transit station site and the mixed-use parcel.
Policy LU-2.7 Design Guidelines. Maintain design guidelines and a design review process that applies to building and site design throughout the city. The Project would comply with the Bayside Newark Specific Plan’s design guidelines and all the other standards imposed by the City’s Design Review approval. Architecture will feature high quality materials such as stone/brick veneer, lap siding metal railings, awnings, and metal-look roofing, and fiber cement finishes.
Landscaping will feature a blend of low maintenance, drought tolerant, and California native trees, shrubs, grasses and perennials
Policy LU-2.8 Relating Density to Transit Service. Allow higher residential densities in areas with more frequent and reliable public transit service, and ensure that public transit services are expanded in areas where growth is projected. The Project would develop higher density residential in the area surrounding the future transit station specifically, 79.1 du/ac at the commercial mixed/use site and 21.4 du/ac for the residential area and would dedicate a 1.8 net acre site to the City to be used for expanded transit services.
Policy LU-4.3 Urban Centers. Create locations in Newark which are more urban and pedestrian-oriented in character than they are today. Such areas include the future Dumbarton Transit Oriented Development and Old Town. These areas should be transformed over time into mixed-use centers with retail, office, civic, and higher density housing uses. The Project would redevelop vacant, blighted former industrial sites with a mixed used residential community that incorporates commercial/retail uses as part of the Project, high density residential condominiums, affordable for rent units, a bay trail compliant corridor along Enterprise Drive and Willow Street, as well as a five-acre park for use by the Project’s residents and a future transit station. The project would incorporate sidewalk connections throughout both the project’s northern and southern sites allowing for pedestrians to move freely throughout the area.
Policy LU-6.1 Dumbarton TOD Land Uses. Plan for the following activities around the intersection of Willow Street and the proposed Dumbarton Rail Service: (1) a future transit station serving the region as well as neighboring residents; (2) a neighborhood center consisting of retail, grocery, visitor-serving, and higher-density residential uses; (3) up to 2,500 housing units with a Packet Page 89
EXHIBIT B: Findings of Fact
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wide range of unit types and affordability levels; (4) necessary infrastructure to support the development; (5) contribution toward an overpass on Central Avenue over the Union Pacific railroad tracks, and (6) a network of open space and parks, including a bayside trail. The Project implements this Policy by dedicating a net 1.8 acre property for a future transit station and developing 3,600 sf of retail and 370 higher-density residential units, including 90 affordable housing units (and one manager’s unit), a five-acre park and the necessary infrastructure to support the Project.
Policy LU-6.2 Dumbarton TOD Design Guidelines. Apply design guidelines to future development at Dumbarton TOD which support the area’s development as a “village” comprised of traditional city blocks, vernacular architectural styles, and a mix of housing types. The Project would comply with the Specific Plan’s design guidelines, and provide higher density residential housing products, including 90 affordable units, to allow for a variety of housing types. The contemporary architectural styles of the 3 residential products (Split, Towns, Stack) would use colors and materials (light color palette, stucco finishes, and lap siding) similar to surrounding residential developments, while incorporating contemporary low-slope roofs to give the development a subtle unique character to differentiate and add visual interest. With the adjacent location of the future transit hub, linking its future residents to nearby corporate campuses, the product styles would help blend the bold contemporary styles of the campuses with the traditional styles of neighboring residential communities. With the nearby 4-story apartment complex to the south of the project site, the 5-story mixed use podium building being of similar height and mass, would reflect a similar and complimentary style with the use of scored stucco, similar window awnings, and parapet walls with roofed tower elements, as well as a light color palette Policy LU-6.3 Dumbarton Rail. Advocate for construction of the Dumbarton Rail project connecting Newark to BART and the West Bay, with a station at Willow Street in Newark. As an interim measure until rail service is provided, advocate for high quality, rapid bus service connecting the Dumbarton TOD station area to BART, VTA, and the West Bay, to ensure that new development in this area can meet the TOD goals for the project. As part of the Project, the applicant would dedicate property for the future development of this station. Staff will continue to work with SamTrans to eventually build a transit station at the project site to help the public transportation connection between this site and other services.
Policy LU-6.4 Minimizing Dumbarton TOD Impacts. Minimize the impacts of the Dumbarton TOD on the natural environment by incorporating native plant species, reducing herbicide and pesticide use, using environmentally friendly construction and waste disposal techniques, and managing stormwater runoff to avoid water quality impacts to nearby wetlands and San Francisco Bay. The EIR imposes mitigation measures on the Project that will ensure it is consistent with this Policy. Dumbarton TOD impacts will be mitigated through the use of plant species that specifically aid in phytoremediation which will naturally remove runoff pollutants and salts before runoff reaches sewer systems, wetlands, and adjacent water bodies. Bioretention basins are located in the majority of planter beds throughout the site which will add an additional layer of pollutant filtration. Trees with expansive canopies will be planted throughout the development and will intercept rainwater before touching the ground, thus adding another layer of water treatment.
Packet Page 90
EXHIBIT B: Findings of Fact
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Policy LU-6.5 Dumbarton TOD Landscaping and Streetscape. Use landscaping and tree planting to enhance the character of the Dumbarton TOD neighborhoods, define the community’s edges, provide landmarks and focal points, make streets more pleasant for walking, and create a stronger sense of place. The landscape should reflect climate and soil conditions, as well as the desire to conserve water and create visual appeal The Project would include landscaping consistent with this Policy, in compliance with the Specific Plan design guidelines and as part of the Project’s Design Review approval. The landscape would enhance the character of Dumbarton TOD neighborhoods through the use of site specific materiality, planting design, and park design.
Enhanced brick and stucco veneers would be utilized for seat walls and retaining walls to visually tie in the landscape built elements with the brick and stucco materials that will be used on the TOD neighborhood architecture. Custom enhanced steel architecture stoop railings and patio fences would match the decorative, linear architectural balcony railings for a heightened sense of identity.
These same enhanced steel details will carry through to the landscape park overheads. The planting design would feature wispy, flowing native grasses to capture the native wetland feel of the adjacent bay. Flowering shrubs at pedestrian paseo entry points would add a natural highlight to neighborhood entrances and enhance wayfinding.
Policy LU-6.6 Dumbarton TOD Lighting. Use lighting and illumination which compliments architectural styles, reduces glare and over-lighting impacts, ensures pedestrian safety, and highlights special design elements within the community. The Project would include landscaping consistent with this Policy, in compliance with the Specific Plan design guidelines and as part of the Project’s Design Review approval. Modern yet timeless street pole lights, pedestrian scale pole lights, and bollard lights would be specified to match the sconce lighting that will be featured on the community architecture. All pole and bollard lights would feature light fixture covers that would prevent vertical light pollution and also direct light throw towards pedestrian circulation areas and away from private residential units. All pedestrian circulation lighting would be strategically distributed to maintain uniform light coverage based on photometric plans that would be prepared by a certified lighting designer. This uniform lighting design would enhance safety and promote clear pedestrian circulation.
Policy E D-2.4 New Retail Districts. Create additional shopping opportunities in newly developing neighborhoods, such as Dumbarton TOD, to meet the needs of new residents and workers, and reduce the loss of retail dollars to nearby communities. New commercial districts should be designed as integral parts of the neighborhoods they serve, so that patrons can easily walk or bicycle from home or work to shopping. The Project is a mixed use residential project that would incorporate retail uses. The mixed use building would contain 3,600 square feet of ground floor retail space fronting along Willow Ave. The high floorplate façade for the retail space would serve as a grand entry to the project. Residential affordable units would be located above the retail space to provide proper massing and an urban feel. The current plan shows one 1,000 square foot retail space that could be used for a small coffee shop or café plus a 2,600 sf space for another neighborhood serving use such as a restaurant or deli. The retail frontage would also include an enclosed, secured elevator lobby for the affordable housing units.
The Project is consistent with the General Plan’s Housing Element because it would increase overall housing stock in the City by 370 total units, including 90 affordable units, and would assist in addressing both the regional and statewide housing crisis.
Packet Page 91
EXHIBIT B: Findings of Fact
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III. Specific Plan Amendment
A. The proposed amendments to the Bayside Newark TOD Specific Plan are consistent with the Newark General Plan. The amendments to the Specific Plan would include re-designation of the Project Site’s land use designations/zoning so that the current office uses are replaced with 48 residential units (collectively “Specific Plan Amendment”). These changes are provided to enable implementation of the vision for buildout of the Specific Plan area and made in light of the fact that third part experts have determined that the development of office uses are not feasible on the Project Site. The Project would also be consistent with the overall development capacity and intensity for the Specific Plan area as identified in the General Plan and assumed in the 2013 General Plan Environmental Impact Report (“EIR”) and 2011 PEIR. The Specific Plan Amendment would not result in increased development capacity or a change in the intensity of development or site improvements already planned or anticipated in the General Plan and Specific Plan. Nor would the amendments directly result in development types that were not already assumed and evaluated in the General Plan EIR and Specific Plan EIR. Specifically, the Specific Plan planned for the development of a total of 2,500 dwelling and 35,000 square feet of retail, and as of February 2022, a total of 2,171 dwelling units and 3,600 square feet of retail have been approved or are pending approval in the Specific Plan area, leaving plenty of capacity for the Project without resulting in any new or increased impacts on the environment, as concluded in the IS/Addendum to the PEIR prepared for the Project.
IV. Zoning Map Amendment
Pursuant to Newark Municipal Code section 17.39.080, the City finds as follows:
A. The amendment is consistent with the General Plan. The City’s zoning map would be amended to change the zoning of the Project Site from Business and Technology Park and Park to Medium Density Residential - Form Based Code, Commercial/Mixed Use - Form Based Code, Transit Station, Public Facilities, and Park. These zones are consistent with the General Plan land use designations for the Project Site, as amended – Medium Density Residential, Commercial Mixed Use, Public Institutional, and Parks and Recreation Facilities. The new zoning designations specifically, and the Project generally, would be consistent with the applicable polices of the General Plan, including but not necessarily limited to the Policies specifically listed in section II above. Therefore, the Zoning Map Amendment would be consistent with the General Plan.
B. Any change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district. The Zoning Map Amendment would reflect the changes to land use designations eliminate infeasible office uses and replace them with housing, which is necessary to achieve the balance of land uses desired by the City, and consistent with the General Plan as set forth above. The zoning change would allow underutilized, vacant and blighted former industrial land to be developed consistent with the vision of the General Plan and Specific Plan, and would result in the dedication of property for the City’s desired transit station.
C. The amendment will promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare. The Zoning Map Packet Page 92
EXHIBIT B: Findings of Fact
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Amendment and Specific Plan, as amended, would guide the orderly development of the Project in a manner to promote and protect the public health, safety, peace, comfort and general welfare, as required through conformance of applicable policies and regulations of the Specific Plan in addition to the City’s zoning requirements. The Zoning Map Amendment would ensure consistency with the Specific Plan and General Plan and would result in orderly and planned-for growth that promotes the General Plan policies described in section II above.
V. Design Review
Pursuant to Newark Municipal Code section 17.34.060, the City finds as follows:
A. The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment. The Project would redevelop and revitalize a largely vacant and blighted former industrial site with modern, aesthetically pleasing market rate and affordable residential units, commercial retail uses, a five-acre park, and other landscaping improvements, including trees and greenspaces and other aesthetic improvements such as open spaces on the property dedicated to the City for a future transit station. The massing of the residential units and other development would be appropriate for the area and would enhance the appearance and features of the project site and surrounding natural and built environment.
B. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The Project would redevelop and revitalize a largely vacant and blighted former industrial site with modern, aesthetically pleasing market rate and affordable residential units, commercial retail uses, a five-acre park, and other landscaping improvements, including trees and greenspaces and other aesthetic improvements such as open spaces on the property dedicated to the City for a future transit station. The Project design and connectivity would encourage pedestrians, including Project residents and visitors, to walk to the retail uses, park, and future transit station.
C. Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design. The high-quality exterior building materials, such as brick and stone, are integral to the architectural design per applicable Specific Plan Design Guidelines. The street level storefronts would help create a pleasant pedestrian experience, as well the features of the park and future transit station. Landscape seat walls and retaining walls would feature enhanced brick and stucco veneers with wall caps that would match the community architectural brick and veneer materials. These same brick and stucco materials would carry through to the two entry monument signs to further promote a sense of unique community identity. Custom metal details with linear elements would be featured on the park overheads, patio fences, and architectural unit stoop railings to tie in the custom linear metal balcony railings on the architecture. The project details would be internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed design.
D. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area. Consistent with the Specific Plan design guidelines, the Project would include these features, consistent with the intended character of the Packet Page 93
EXHIBIT B: Findings of Fact
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area, including landscaped walkways and streets, as well as trees. Modern yet timeless pedestrian furniture and light fixtures would be specified to reflect the modern forms of the architecture and the warm, timeless brick and stucco architecture facades. Street trees would feature strong structural forms for year-round interest and vibrant reddish-orange fall color which will create a noteworthy identity for the community. The Bay Trail would run along the perimeter of the community and will be lined with wide parkways and lush native planting which will encourage pedestrian use and interaction surrounding the community.
E. Parking areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development. The Project would redevelop and revitalize a largely vacant and blighted former industrial site with modern, aesthetically pleasing market rate and affordable residential units, commercial retail uses, a five-acre park, and other landscaping improvements, including trees and greenspaces and other aesthetic improvements such as open spaces on the property dedicated to the City for a future transit station. This would enhance the environmental quality of the site.
F. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare. The Project’s lighting would be designed in conformance with the Specific Plan’s lighting design guidelines, which ensure the lighting will implement all of these goals. See response to LU-6.6 describing the character, specification, and design of landscape lighting.
G. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.
The landscaping design would incorporate “Bay Friendly” landscape practices including native, non-invasive and drought tolerant trees and shrubs to complement the buildings while providing shade and visual interest along the pedestrian path. The sidewalk landscaping would also designed as part of the stormwater management system in compliance with provision C.3 of the Municipal Regional Stormwater NPDES Permit issued by the California Regional Water Quality Control Board, which governs stormwater discharge for new development projects. Finally, the landscaping design would be consistent with and subject to the Specific Plan’s design guidelines.
VI. Minor Use Permit
Pursuant to Newark Municipal Code sections 17.35.060 and 17.23.050, the City finds as follows:
A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Ordinance and all other titles of the Municipal Code. The only aspect of the Project that would require a Minor Use Permit is the request to have a reduced number of parking spaces due to the proximity of the Project’s residential uses to a transit station, pursuant to Newark Municipal Code section 17.23.050(A). The Project’s uses are permitted in the Project’s zoning, as amended, and the Project would qualify for reduced parking by meeting the requirements set forth in Newark Municipal Code section 17.23.050.
Packet Page 94
EXHIBIT B: Findings of Fact
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B. The proposed use is consistent with the General Plan and the Specific Plan. The uses of the Project would be consistent with the General Plan and the Specific Plan as amended, as set forth in detail in the findings above.
C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. The Project, and specifically the reduced parking as a result of adjacent transit, would not be adverse the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, and instead would reduce vehicle miles traveled and promote the use of transit instead of passenger vehicles, and pedestrian travel. The Project would further be consistent with the General Plan polices described in section II above, which are intended to promote the public health, safety, and welfare of the community.
D. Tax revenue generated by the development will exceed the City’s cost of the service demand as a result of the development or a compelling community benefit will be provided. The Project would redevelop vacant and blighted former industrial property with residential and retail uses, thereby significantly increasing the City’s property tax base by increasing the value of the property, as well as creating sales tax.
E. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this [Zoning] Ordinance. The uses of the Project would comply with all applicable design and development standards and are allowed under the Specific Plan and Zoning Ordinance.
F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity. The Project would comply with all applicable design and development standards. Further, the Project would qualify for reduced parking by meeting the requirements set forth in Newark Municipal Code section 17.23.050 due to the close proximity to a future transit station.
G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed Project would comply with all applicable design and development standards, and the General Plan, Specific Plan and zoning. The Project’s impacts have been analyzed in detail in the 2011 EIR and Addendum thereto prepared for the Project. Further, the Project would qualify for reduced parking by meeting the requirements set forth in Newark Municipal Code section 17.23.050 due to the close proximity to a future transit station.
VII. Vesting Tentative Map No. 8559
The City makes the following findings which indicate conformance with the State Subdivision Map Act and the City’s Subdivision Ordinance (Newark Municipal Code Chapter 16.08):
A. The proposed map would be consistent with the General Plan and Specific Plan as specified in Government Code §65451 as it would provide sufficiently dense residential and commercial uses in an area with pre-existing commercial uses on adjacent property and the immediate area. It would also be consistent with the City’s Subdivision Ordinance and the design or improvement of the proposed tentative tract map would be consistent with the General Packet Page 95
EXHIBIT B: Findings of Fact
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Plan in that the property is developed by street and parcel improvements in conformance with applicable goals and policies. The proposed map would be consistent with the General Plan and Specific Plan, as amended, for all the reasons set forth in the findings relating to the concurrent General Plan and Specific Plan amendments, and would propose sufficiently dense residential and commercial mixed uses on blighted, vacant former industrial property, which the Project would significantly improve. The street and parcel improvements would comply with all City requirements, and for the reasons discussed in the findings regarding the concurrent Design Review approval, implement the goals and policies of the General Plan and Specific Plan, specifically including redeveloping the western portion of the City.
B. The design and improvements of the proposed subdivision would be consistent with applicable General Plan and Specific Plan, as amended, as the proposed subdivision would include multi-family residential and commercial development, sidewalks, pedestrian paseos, event spaces, and landscaped areas which would be adequately served by streets, and provide sufficient drainage for the development, as detailed in the findings in support of the concurrent Design Review approval, as well as the findings for the concurrent General Plan and Specific Plan amendments.
C. The site would be physically suitable for the type of development in that it is a highly disturbed, blighted for former industrial development, that would be significantly improved to support the proposed residential and commercial uses. There are no known problems regarding cultural, historical or scenic aspects. Given the topography of the site and the location of the proposed construction, it appears that grading would be minimal and in compliance with all City regulations. Therefore, the site would be physically suitable for the type of development.
D. The site would be physically suitable for the proposed density of development as the development would be within with the residential and retail capacities identified in the Specific Plan. The proposed development would be compatible with adjacent and neighboring existing developments in the surrounding area and would significantly improve an area of the City that the City’s planning documents have long targeted for development E. The design of the subdivision or the proposed improvements would not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as set forth in detail in the CEQA addendum to the EIR prepared for this Project.. The existing subject property is a developed and highly disturbed former industrial property in an urban area. The proposed subdivision and related development would have no significant impact on the environment’s flora or fauna and instead would improve a blighted area.
F. The design of the subdivision or type of improvements would not likely cause serious public health problems. Phased residential subdivisions and associated commercial development would not involve significant amounts of hazardous materials or projects, as set forth in detail in the CEQA addendum to the EIR prepared for this Project.
G. The design of the subdivision or the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The City has reviewed the records related to the subject property and found that the subdivision would not have a conflict with any easements.
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VIII. Affordable Housing – Alternative Means of Compliance to Payment of Housing Impact Fee
Pursuant to Newark Municipal Code section 17.18.050, the City finds as follows:
A. The proposed alternative means of compliance fulfills the purposes of this chapter as set forth in Section 17.18.010, Purpose. The alternative means of compliance would fulfill the purposes of section 17.18.010 in that the proposed Project would result in the production of affordable housing that would be available to households with incomes at the very low-, low-, and moderate-income levels. The affordable housing units would be administered through an affordable housing agreement between the City and the property owner that would establish affordability levels for a period of 55-years. The alternative means of compliance would contribute to a more economically balanced community and provides safe and stable housing for households at all income levels.
B. The proposed alternative means of compliance will further affordable housing opportunities in the city to an equal or greater extent than compliance with the requirements of Section 17.18.020, Housing Impact Fee, and will fully mitigate the impact of the project on the need for affordable housing. The alternative means of compliance would result in the production of affordable units that have a value equal to or greater than the required housing impact fee and as a result would fully mitigate the impact of the Project on the need for affordable housing.
C. The proposed alternative means of compliance would better address the city’s needs than compliance with the requirements of Section 17.18.020, Housing Impact Fee. The alternative means of compliance would result in the production of affordable housing with a market rate housing project, resulting in the availability of affordable housing more immediately than what otherwise may be possible though the payment of the Housing Impact Fee.
D. The proposed alternative means of compliance will not unduly concentrate affordable housing in one geographic area so as to result in housing segregation. The alternative means of compliance would result in the production of family affordable housing within the Specific Plan area, which does not currently have any restricted affordable housing units, other than 72 affordable units for seniors, out of the 2,500 total residential units allowed in the Specific Plan area, and 2,171 units approved or in process therein. Therefore, there would not be an undue concentration of affordable housing units within one geographical area.
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Item D. 7.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a Resolution authorizing the City Manager to execute the First Amendment to the Contractual Services Agreement with ClientFirst Consulting Group, LLC to provide temporary information technology services and amend the 2022-2024 Biennial Budget SUMMARY AND RECOMMENDATION
ClientFirst Consulting Group provides information technology management, and advisory expertise to the City and the Information Technology (IT) Department. The existing Contractual Services Agreement (CSA) is almost fulfilled and additional funds are needed to extend their services.
Staff recommends that the City Council, by resolution, approve an amendment to the CSA with ClientFirst Consulting Group, LLC, to provide temporary IT services and amend the 2022-2024 Biennial Budget and Capital Improvement Plan.
BACKGROUND
The City has relied on professional consultants to provide services and experience that city staff are unable to provide, such as technical information technology services. In April 2022, the City entered into a Contractual Service Agreement (CSA) with ClientFirst Consulting Group, LLC in the amount of $49,470.00 to provide temporary professional information technology services in order to continue meeting the IT needs of the City. When the CSA was entered into, the IT Department vacancy rate was 83%.
The current vacancy rate has improved, but is still at 67% which dictates the need to continue services with ClientFirst Consulting Group, LLC.
DISCUSSION/ANALYSIS
The current contract allows ClientFirst Consulting, LLC to provide services through October 2022, but the need for these services will likely continue through January 2023. The IT Department is in process of recruiting qualified staff for the newly formed/expanded department, and has selected candidates to fill its four vacancies. It is estimated that it will take approximately three additional months to complete the selection process, onboard and train qualified individuals.
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Department, consistent focus on high priority items, improved communication of project status, and oversight for critical projects and vendor coordination. A number of high priority items are in progress and new items have been identified to move the IT Department forward to provide secure computing. Approximately 432 hours of additional consultant time is needed through January 2023 for applying recommended firewall changes, replacing obsolete or non-standard network equipment, continuing cybersecurity enhancements, assistance with resolving emergent IT issues, implementing IT infrastructure improvements and updating documentation.
FISCAL IMPACT
The total not-to-exceed amount for the first amendment would be increased by $79,680.00 for a total not-to-exceed amount of $129,150.00. The costs for this service would need to come from the General Fund Unappropriated Fund Balance and requires a budget amendment, which is included in the attached resolution. The agreements and first amendment were prepared in accordance with the City's Purchasing Rules and Regulations.
REVIEW AND APPROVAL
Prepared by - Ed Miranda, Information Technology Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - ClientFirst Technology Consulting
Amendment No. 1 to CSA 22012
Amendment No. 1 Exhibit A Scope to CSA 22012
CSA 22012
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 1 TO THE
CONTRACTUAL SERVICES AGREEMENT WITH
CLIENTFIRST CONSULTING GROUP, LLC TO PROVIDE
TEMPORARY PROFESSIONAL INFORMATION
TECHNOLOGY SERVICES
WHEREAS, on April 22, 2022 the City of Newark awarded a Contractual Services Agreement (the “Agreement”) to ClientFirst Consulting Group, LLC (the “Consultant”) to provide professional information technology services; and WHEREAS, pursuant to Section 18 of the Agreement entitled, “Term/Termination” the City elected to extend the Agreement for an additional one (1) year term from July 1, 2022 through June 30, 2023 with a not-to-exceed amount of $49,470.00; and WHEREAS, the City finds that the amended scope of services described in the Agreement continue to be necessary and desires to amend the Agreement to provide additional funding for the existing scope of services to increase the not-to exceed amount.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute the first amendment to the Contractual Services Agreement with ClientFirst Consulting Group, LLC, in a form approved by the City Attorney, to provide professional information technology services and to increase the not-to-exceed amount of the Agreement, by $79,680.00 for a total not to exceed amount of $129,150.00.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, including any necessary revisions to the scope of work for the Agreement, in a form approved by the City Attorney, that are within the total notto-exceed amount of $129,150.00.
BE IT FURTHER RESOLVED that the City Council does hereby authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for fiscal year 2023 by appropriating $79,680.00 as follows:
TO: 110.21.021.200.6220 PROFESSIONAL SERVICES $79,680.00 FROM: 110.3000 UNAPPROPRIATED FUND BALANCE $79,680.00
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FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
CLIENTFIRST CONSULTING GROUP, LLC
FOR CONSULTANTS
This First Amendment to the Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and ClientFirst Consulting Group, LLC, dba ClientFirst Technology Consulting, ("Consultant"), (together referred to as the “Parties”) as of April 22, 2022.
RECITALS
WHEREAS, the Parties executed Contractual Services Agreement No. C22012 (the "Agreement") to perform the services generally including: information technology management, and advisory expertise to the City and the IT Department; and WHEREAS, Section 27, Modification, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to extend and amend the Agreement effective October 7, 2022; and
WHEREAS, the Parties desire to amend Exhibit A to add additional IT Infrastructure Assistance; and
WHEREAS, the Agreement provides a not to exceed compensation of Forty-Nine Thousand Four Hundred Seventy Dollars ($49,470.00); and
WHEREAS, the total cost of the additional services are not to exceed Seventy-Nine Thousand Six Hundred Eighty Dollars ($79,680.00).
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 3. "Not to Exceed" Compensation, of the Agreement is amended to increase the combined total of compensation and costs payable under the Agreement by Seventy-Nine Thousand Six Hundred Eighty Dollars ($79,680.00) from Forty-nine Thousand Four Hundred Seventy Dollars ($49,470.00) to One Hundred Twenty-nine Thousand One Hundred Fifty Dollars ($129,150.00).
2. Exhibit A, Services is amended to add Additional IT Infrastructure Assistance as described in the Scope and Approach and Fee Summary attached hereto and incorporated herein by reference.
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3. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
CITY OF NEWARK ClientFirst Technology Consulting
DAVID J. BENOUN DAVID KROUT
CITY MANAGER
ATTEST:
SHEILA HARRINGTON, CITY CLERK
APPROVED AS TO FORM:
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
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EXHIBIT A - AMENDMENT NO. 1 SCOPE
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Item D. 8.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a Resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Robert Half International, Inc. to provide technical temporary information technology support
SUMMARY AND RECOMMENDATION
Robert Half International, Inc. provides information technology temporary support to the City and the Information Technology (IT) Department. The existing Consulting Services Agreement (CSA) and the First Amendment are fulfilled, and additional funds are needed to extend their services.
Staff recommends that the City Council, by resolution, approve the Second Amendment to the CSA with Robert Half International, Inc., to provide temporary IT services.
BACKGROUND
The City has relied on professional consultants to provide services and experience that city staff are unable to provide, such as technical information technology services. In June 2021, the City entered into a Consulting Services Agreement (CSA) with Robert Half International, Inc. in the amount of $47,000.00 to provide temporary technology support. In March 2021, the City amended the CSA to increase the not-to-exceed compensation by $120,000.00. Recruiting efforts for the newly formed IT Department are in progress with anticipated onboarding and training to complete in January 2023.
DISCUSSION/ANALYSIS
The IT Department is responsible for maintaining all City technology systems, including support of all employees' computers and phones; software implementation, updates and patches; network administration; police communications; and ensuring online City services remain available. Robert Half International, Inc. has been providing temporary technical support to help fulfill these responsibilities since June 2021.
The need for temporary support to provide the City with the necessary technical professional services in filling the gaps for the four vacancies in the IT Department will continue until qualified individuals are recruited, onboarded and trained, which is estimated to extend through January 2023. Recruitment efforts to fill the vacancies in the newly formed IT Department are in progress.
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The estimated cost for temporary IT support through January 2023 is estimated to not exceed $120,000.00 and includes all levels of technical professional support, including 24/7 response for public safety purposes.
Staff recommends that the City amend the existing CSA to increase the "not-to-exceed" amount by an additional $120,000.00 for an amended not-to-exceed total of $287,700.00. This increase can be accommodated with an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for the fiscal year 2023.
FISCAL IMPACT
There is sufficient funding in the 2022-2024 Biennial Budget in fiscal year 2023 for the second amendment increase of $120,000.00. The agreements and amendments were prepared in accordance with the City's Purchasing Rules and Regulations.
REVIEW AND APPROVAL
Prepared by - Ed Miranda, Information Technology Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - Robert Half Second Amendment
Robert Half Original Agreement
Robert Half First Amendment
Robert Half Second Amendment
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 2 TO THE CONSULTING
SERVICES AGREEMENT WITH ROBERT HALF
INTERNATIONAL, INC. TO PROVIDE TEMPORARY
STAFFING SUPPORT
WHEREAS, on June 14, 2021 the City executed Consulting Services Agreement No.
C21054 (the “Agreement”) with Robert Half International, Inc. (the “Consultant”) to provide temporary staffing support services; and
WHEREAS, on March 1, 2022 the Parties amended the Agreement to increase the not-toexceed compensation to One Hundred Sixty-Seven Thousand Seven Hundred Dollars ($167,700.00); and
WHEREAS, Section 8.3 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement effective October 13, 2022; and WHEREAS, the City finds that the services are required to maintain the City’s technology systems and desires to amend the Agreement to provide additional funding for additional temporary staffing support to be provided by the Consultant.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute the second amendment to the Consulting Services Agreement with Robert Half International, Inc., in a form approved by the City Attorney, to provide temporary staffing support in an additional amount not-to-exceed $120,000.00 for a total not-to-exceed amount of $287,700.00.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, in a form approved by the City Attorney, that are within the total not-to-exceed amount of $287,700.00.
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SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
ROBERT HALF INTERNATIONAL, INC.
FOR TEMPORARY STAFFING SUPPORT
This Second Amendment to the Consulting Services Agreement between the City of Newark, a municipal corporation, ("City") and Robert Half International, Inc., doing business through its division Robert Half Technology, a Delaware company with offices located at 1850 Gateway Drive, Suite 200, San Mateo, CA 94404, ("Consultant"), (together referred to as the “Parties”) as of October 13, 2022.
RECITALS
WHEREAS, the Parties executed a Consulting Services Agreement C21054 (the "Agreement") to perform the services generally including: temporary staffing support; and WHEREAS, Section 8.2 of the Agreement allows the Parties to extend the end date of the Agreement provided any such extension is in writing signed by the Parties; and WHEREAS, Section 8.3 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to extend and amend the Agreement effective October 13, 2022; and
WHEREAS, the Parties desire to add additional temporary staffing services; and WHEREAS, the Agreement provides a not-to-exceed compensation of Forty-Seven Thousand Seven Hundred Dollars ($47,700.00); and
WHEREAS, the First Amendment to the Agreement increased the total cost of additional services by an additional One Hundred Twenty Thousand Dollars ($120,000.00); and WHEREAS, the Parties desire to amend the Agreement to provide for an additional not-toexceed amount of One Hundred Twenty Thousand Dollars ($120,000.00).
WHEREAS, the total cost of the Agreement, as amended by the First Amendment and the proposed Second Amendment would be for not-to-exceed Two Hundred Eighty-Seven Thousand Seven Hundred Dollars ($287,700).
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 2. "Not to Exceed" Compensation, of the Agreement, as previously amended by the First Amendment, is amended to increase the combined total of compensation and costs payable under the Agreement by One Hundred Twenty Thousand Dollars ($120,000.00) from One Hundred Sixty-Seven Thousand Seven Hundred Dollars ($167,700.00) to Two Hundred Eighty-Seven Thousand Seven Hundred Dollars ($287,700.00).
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2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
CITY OF NEWARK Robert Half International Inc. EOE
DAVID BENOUN MEGAN SLABINSKI
CITY MANAGER DISTRICT PRESIDENT
ATTEST:
SHEILA HARRINGTON, CITY CLERK
APPROVED AS TO FORM:
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
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Item F. 1.
DATE 10/13/2022
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Introduction of an Ordinance to repeal and replace certain chapters of Title 15 of the Newark Municipal Code in order to adopt by reference, with modification to address unique local conditions, the 2022 California Building Standards Code; adoption of a Resolution approving findings regarding the need for local amendments to provisions in the California Building Standards Code as adopted by the State of California; and setting a public hearing date of November 10, 2022 for adoption of the Ordinance SUMMARY AND RECOMMENDATION
The California Building Standard Commission has adopted the 2022 California Building Standards Code which includes various building construction codes that will become effective in all California jurisdictions on January 1, 2023. The California Health and Safety Code requires local jurisdictions to adopt the building standards contained in the uniform statewide codes, but allows modification of the codes to reflect local conditions. The City previously adopted its current building codes by incorporating and modifying the 2019 California Building Standards Code.
Staff recommends that the City Council take the following action:
Introduce and conduct a first reading, by title only, of an Ordinance repealing and replacing Chapters 15.02, 15.08, 15.09, 15.10, 15.12, 15.16, 15.17, 15.18, 15.20,
15.21, 15.22 and 15.23 of Title 15 "Buildings and Construction" of the Newark Municipal Code in order to adopt by reference, with modifications to address unique local conditions, the 2022 editions of the California Administrative Code, the California Building Code, the California Residential Code, the California Mechanical Code, the California Electrical Code, the California Plumbing Code, the California Fire Code, the California Referenced Standards Code, the California Historical Building Code, the California Existing Building Code, the California Energy Code, and the California Green Building Standards Code, collectively the 2022 California Building Standards Code;
1. Adoption of a Resolution approving findings regarding the need for local amendments to provisions in the California Building Standards Code as adopted by the State of California, in the California Code of Regulations, Title 24, to be adopted by reference in the Newark Municipal Code;
2. Setting a public hearing date of November 10, 2022, by motion, for adoption of the 2022 California Building Standards Code.
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BACKGROUND
The State of California, through the California Building Standards Commission has adopted new editions of existing building construction codes under a new Title 24 of the California Code of Regulations, referred to collectively as the 2022 California Building Standards Code (CBSC). This process typically takes place every three years and new codes will become effective January 1, 2023. The City previously incorporated and modified the 2019 CBSC which is currently in use. The sections included in the 2022 CBSC are the California Administrative Code, the California Building Code, the California Residential Code, the California Mechanical Code, the California Electrical Code, the California Plumbing Code, the California Fire Code, the California Reference Standards Code, the California Historical Building Code, the California Energy Code, the California Existing Building Code, and the California Green Building Standards Code.
As required by state law, applications for a building permit made after December 31, 2022 will be subject to the new codes. Section 17922 of the California Health and Safety Code requires local agencies to adopt the building standards contained in the 2022 CBSC. Under Section 17958.7 of the California Health and Safety Code, local jurisdictions have the opportunity to make limited amendments to the new state codes provided the local jurisdiction makes appropriate findings such modifications are reasonably necessary because of local climatic, geological or topographical conditions.
DISCUSSION/ANALYSIS
Currently, Title 15 "Buildings and Construction" Article I "Building Regulations" of the Newark Municipal Code (NMC) includes the building standards contained in the 2019 edition of the CBSC. Staff is recommending a repeal and replacement of certain chapters of Title 15, Article I, in order to adopt, by reference, with modifications to appropriately address unique local conditions, the 2022 edition of the CBSC.
Staff is recommending technical changes to the Building, Residential, Plumbing, Electrical, Mechanical, and Fire codes. There are no technical changes recommended to the Administrative, Reference Standards, Historical Building, Energy, Existing Building, and Green Building Standards codes. Many of the proposed technical changes were incorporated into the NMC in previous code cycles and/or as clarification for safety measures added to certain code sections. A significant portion of the recommended local amendments relate to language location changes. These amendments will allow the City to carry forward the same standards currently in use.
Some of the other proposed changes merely accommodate new numbering systems.
The proposed modifications to the 2022 CBSC with the recommended repeal and replacement of Title 15, Article I are summarized as follows:
Chapter 15.02 - California Administrative Code
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There are no proposed changes to the California Administrative Code.
Chapter 15.08 - California Building Code
Sections 402.5, 404.3, 407.6, 410.6, 903.2 903.2.1, 903.2.1.2, 903.2.2, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.10, and 903.2.22 Automatic Fire Sprinkler Systems.
These various code sections should be modified to provide consistency with the City’s fire sprinkler and alarm ordinance.
Section 501.1, Site Addressing.
This modification should be made to provide consistency with other sections of the current NMC.
15.08.042 Licensed professional.
The modification should be continued from prior local code adoptions to preserve minimum safety standards.
Chapter 15.09 - California Residential Code
Section R301.1.3.2.1, Engineering Required.
This recommended modification is a continuation of existing NMC standards added in previous code cycles. The California Residential Code allows the Building Official to require drawings for dwellings taller than two stories be designed by a licensed professional. The recommended NMC change is to increase the standard to include dwellings taller than one story. This is the standard the City has been using for many years.
Section R313, Automatic Fire Sprinkler Systems.
This recommended modification is also a continuation of existing NMC standards added in previous code cycles. The California Residential Code requires automatic fire sprinkler systems in all new one and two family dwellings and townhouses. For one and two family dwellings and townhomes, the code language is proposed to change in order to match fire code requirements for existing structures.
Section R328.8, R328.8.1, and R328.8.3. Protection from Impact for ESS (Energy Storage Systems). These code sections are proposed to be modified to clarify the safety intent as needed to prevent damage to the equipment which could result in house fires.
Chapter 10, Wood Burning Fireplaces.
R1000 section was added to complement existing Bay Area wide prohibition on new wood burning fireplaces. No change to previous ordinance.
Appendix K, Sound Transmission.
This proposed section modification is a carryover from the previous ordinance.
Chapter 15.10 - California Mechanical Code
15.10.030, Connection of Natural Gas Utilities.
This proposed section is provided in the previous ordinance as a modification and gives the Building Official options to assist developers in obtaining utility connections.
Chapter 15.12 - California Electrical Code
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15.12.090, Temporary Connection of Electrical Utilities.
This proposed section is also in the previous ordinance as a modification to give the Building Official options to assist developers in obtaining utility connections.
15.12.120, Building Official Authority.
This proposed section is provided in the previous ordinance and gives the Building Official authority to disconnect an electrical service if conditions are unsafe. In practice this authority has not been exercised in the last two decades.
15.12.190, Electrical Service Connections.
This proposed section clarifies standards that are not well described in the California Electrical Code and does not change the modifications provided in the previous ordinance.
Chapter 15.16 - California Plumbing Code
Sections 412.3, Privacy in Public Multiple Accommodation Toilet Rooms.
This item is a continuation of existing NMC standards added in previous code cycles. It is generally understood that persons using water closets or urinals in multiple accommodation toilet rooms should be afforded some degree of privacy. The current California Plumbing Code and California Building Code do not specifically address this issue. Some designers have in the past proposed designing multiple accommodation toilet rooms without privacy partitions around water closets or placing urinals in full view of persons outside the toilet room.
Section 422.2 Dealing with separate toilet facilities.
This proposed section modification would clarify how one would establish the total number of plumbing fixtures required when all the facilities would be single-use such as gender-neutral or family-assisted facility.
Section 612 Dealing with residential fire sprinkler systems.
This proposed section modification would also continue a current requirement in the NMC. The plumbing code provides a number of exceptions for requiring the connection of waste lines to a public sanitary sewer system. One of the exceptions allows for private septic systems, which in Newark would be unacceptable. The change would prohibit septic systems. All waste lines must connect to Union Sanitary District sanitary sewer system mains. There are no proposed language changes from the previous NMC ordinance.
Section 1101.12, Roof Drainage.
This proposed modification would prohibit, if practical, direct connection of roof drains to storm drains, which complements current requirements in the City’s Stormwater Management and Discharge Control Ordinance and associated stormwater permit issued by the Regional Water Quality Control Board. There are no proposed changes from the previous ordinance.
Chapter 15.17 - California Fire Code
Section 15.17.010, California Fire Code adopted by reference.
A number of individual sections are proposed to supplement individual sections not adopted by the State Fire Marshal, but desired by the Alameda County Fire Packet Page 171
Department.
Chapter 2, Definitions.
Four definitions are proposed to be added, amended, and/or relocated to better clarify terms used by the Alameda County Fire Department. There are no significant changes from the previously adopted ordinance.
Chapter 9, Fire Protection, Alarms, and Detection Systems.
This chapter relates to the City’s fire sprinkler, fire alarm, and fire detection standards which are more restrictive than State codes. These are proposed to be modified for consistency with building code and fire department language.
Section 5614, Safe and Sane Fireworks.
This item is a continuation of existing NMC standards added in previous code cycles. Because of a major change to the California Fire Code it was appropriate to reformat the City’s fireworks ordinance. The City’s safe and sane fireworks ordinance would remain unchanged except for minor editing and numbering changes. There are no recommended technical changes.
Appendix D, Fire Department Access.
Appendix D has been a part of the ordinance for several code cycles. The Fire Department is recommending adopting the appendix without modifications.
Chapter 15.17.190, Permit Fees.
This chapter should be eliminated because fees are covered in other parts of the ordinance.
Chapter 15.17.200, Violation deemed infraction.
This chapter should be eliminated because this subject is covered in other parts of the ordinance.
Chapter 15.18 - California Referenced Standards Code
There are no proposed changes to the California Referenced Standards Code.
Chapter 15.20 - California Historical Building Code
There are no proposed changes to the California Historical Building Code.
Chapter 15.21 - California Existing Building Code
There are no proposed changes to the California Existing Building Code.
Chapter 15.22 - California Energy Code
There are no proposed changes to the California Energy Code.
Chapter 15.23 - California Green Building Standards Code There are no proposed changes to the California Green Building Standards Code.
The findings associated with these recommended modifications for local climate, geologic and topographical conditions in accordance with California Health Code Section 17958.7 are included in the proposed resolution.
FISCAL IMPACT
There is no direct fiscal impact as a result of adopting the 2022 CBSC. The City's costs Packet Page 172
There is no direct fiscal impact as a result of adopting the 2022 CBSC. The City's costs related to implementation of the 2022 CBSC would be recovered through the building permit fees in the current Master Fee Schedule.
REVIEW AND APPROVAL
Prepared by - Matthew Farrell, Chief Building Official
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Ordinance
Resolution
Exhibit A - Resolution
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1 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK REPEALING AND REPLACING CHAPTERS 15.02, 15.08, 15.09, 15.10, 15.12, 15.16, 15.17, 15.18, 15.20,
15.21, 15.22, AND 15.23 OF TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE
NEWARK MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE, WITH MODIFICATIONS TO ADDRESS UNIQUE LOCAL CONDITIONS, THE 2022
EDITIONS OF THE CALIFORNIA ADMINISTRATIVE CODE, THE CALIFORNIA
BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA
MECHANICAL CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA
PLUMBING CODE, THE CALIFORNIA FIRE CODE, THE CALIFORNIA
REFERENCED STANDARDS CODE, THE CALIFORNIA HISTORICAL BUILDING
CODE, THE CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA ENERGY CODE, AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE.
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and WHEREAS, currently Title 15 “Buildings and Construction” Article I “Building Regulations” of the City of Newark Municipal Code adopted the building standards contained in the 2019 versions of the California Building Code, the California Residential Code, the California Fire Code, the California Green Building Standards Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, California Administrative Code, as such Codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and
WHEREAS, the updated California Building Standards Code becomes effective within the City on January 1, 2023, and Title 15 is updated by default to incorporate the California Building Standards Code without local amendments; and
WHEREAS, Section 17922 of the California Health and Safety Code requires local agencies to adopt the building standards contained in the California Building Standards Code; and WHEREAS, Section 17958.7 of the California Health and Safety Code allows local agencies to enact modifications to those building standards provided that such modifications are reasonably necessary because of local climatic, geological or topographical conditions so long as a local agency adopts such findings; and
WHEREAS, the City adopted findings, by resolution, justifying local modifications based on local climatic, geologic, and topographic conditions; and WHEREAS, a duly noticed public hearing was advertised as required by Government Code sections 6066 and 65090; and
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2 WHEREAS, the City Council held a public hearing related to this Ordinance on November 10, 2022 and considered the staff report and public testimony received; and WHEREAS, the City Council finds that no additional environmental review is necessary because this Ordinance is not a project that has the potential to cause substantial or potentially substantial, adverse change in the environment and qualifies for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), and further, the Ordinance establishes standards for the approval of ministerial projects that are not themselves subject to CEQA review; and
WHEREAS, the City Council finds that the adoption of 2022 Edition of the California Building Standards Code helps protect public health, safety, and welfare.
THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The forgoing Recitals are true and correct and incorporated herein by this reference.
SECTION 2. Code Revisions.
Chapters 15.02,15.08, 15.09, 15.10, 15.12, 15.16, 15.17, 15.18, 15.20, 15.21, 15.22, and 15.23 of Title 15, Buildings and Construction, of the Newark Municipal Code are hereby repealed and replaced in their entirety by the following:
Title 15
BUILDINGS AND CONSTRUCTION
Article:
I. Building Regulations
15.02 California Administrative Code
15.08 California Building Code
15.09 California Residential Code
15.10 California Mechanical Code
15.12 California Electrical Code
15.16 California Plumbing Code
15.17 California Fire Code
15.18 California Referenced Standards Code
15.20 California Historical Building Code
15.21 California Existing Building Code
15.22 California Energy Code
15.23 California Green Building Standards Code
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3 Chapter 15.02
CALIFORNIA ADMINISTRATIVE CODE
Sections
15.02.010 California Administrative Code adopted by reference.
A certain document, entitled “2022 California Administrative Code,” Chapters 1 through 13 inclusive, published by the International Code Council and amended and adopted by the state of California as the 2022 edition California Administrative Code, is adopted by reference as the building code of the city pursuant to the provisions of Government Code Section 50020 et seq., state of California.
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4 Chapter 15.08
CALIFORNIA BUILDING CODE
Sections
15.08.010 California Building Code adopted by reference.
15.08.020 Amendments.
15.08.042 Licensed professional.
15.08.060 Drainage disposal.
15.08.010 California Building Code adopted by reference.
A certain document, entitled “2022 California Building Code, Volumes 1 and 2,” including Appendix Chapter F relating to rodent proofing, Appendix Chapter I relating to patio covers, published by the International Code Council and amended and adopted by the state of California as the 2022 edition California Building Code, is adopted by reference as the building code of the city pursuant to the provisions of Government Code Section 50020 et seq., state of California, except as modified in this chapter which includes all items adopted by BSC, SFM, HCD1, HCD2, HCD1/AC, and DSA/AC of the adoption matrices.
15.08.020 Amendments.
The construction code adopted by reference in this chapter is amended by the following additions, deletions and amendments thereto set forth in this chapter.
A. Section 402.5 dealing with automatic fire sprinkler systems in malls is amended by deleting the exception.
B. Section 404.3 dealing with automatic fire sprinkler systems in atriums is amended by deleting all exceptions.
C. Section 410.6 dealing with automatic sprinkler systems at stages is amended by deleting all exceptions.
D. Section 501.2, which deals with address identification, by adding; Addressing shall also comply with Chapter 15.06.110 of Newark’s Municipal Code.
E. Section 903.2, 903.2.1, 903.2.1.2, 903.2.2, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.10, 903.2.13 are amended to read as follows and 903.2.22 is added to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in Sections 903.2.1 and 902.2.13.
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5 903.2.1 Group A Occupancies. An automatic sprinkler system shall be installed in all Group A occupancies exceeding 1000 square feet.
903.2.2 Ambulatory care facilities. Every facility as specified herein, regardless of floor area, wherein more than six clients or patients are housed or cared for on a 24-hour perday-basis or where one or more care recipients are incapable of self-preservations. Shall have installed and maintained in an operable condition throughout the entire building an automatic fire sprinkler system.
903.2.3 Group E Occupancies. An automatic sprinkler system shall be installed in all Group E Occupancies exceeding 1000 square feet.
903.2.4 Group F Occupancies. An automatic sprinkler system shall be installed in all Group F occupancies exceeding 1000 square feet.
903.2.7 Group M Occupancies. An automatic sprinkler system shall be installed in all Group M occupancies greater than 1000 square feet.
903.2.8 Group R Occupancies. An automatic sprinkler system shall be installed in all Group R occupancies.
903.2.9 Group S-1. An automatic sprinkler system shall be installed in all S-1 occupancies exceeding 1000 square feet.
903.2.10 Group S-2. An automatic sprinkler system shall be installed in all S-2 occupancies exceeding 1000 square feet.
903.2.2.22 Group B and U occupancies. An automatic sprinkler system shall be installed in all B and U occupancies exceeding 1000 square feet.
15.08.042 Licensed professional.
While the nature of the work applied for affects the safety of a building or its occupants, design documents shall be prepared by an engineer or architect licensed by the state to practice as such as required by State of California Business and Professions Code Sections 5500 and 6700.
In other buildings the Building Official is authorized to require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.
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6 Chapter 15.09
CALIFORNIA RESIDENTIAL CODE
Sections
15.09.010 California Residential Code adopted by reference.
15.09.020 Amendments.
15.09.010 California Residential Code adopted by reference.
A certain document, entitled 2022 California Residential Code published by the International Code Council and amended and adopted by the state of California as the 2022 edition California Residential Code, is adopted by reference as the residential code of the city pursuant to the provisions of Government Code Section 50020 et seq., state of California, adopt chapters 1 through 10, chapter 44, and appendix AK except as modified in this chapter including.
15.09.020 Amendments.
The construction code adopted by reference in this chapter is amended by the following additions, deletions and amendments thereto set forth in this chapter.
A. Section R301.1.3.2 is amended by adding the following section; R301.1.3.2.1 Woodframe structures two stories in height. The building official is authorized to require the structural portions of construction documents to be prepared, stamped and signed by a California licensed architect, civil engineer, or structural engineer for all dwellings with two stories.
B. Section R313 dealing with automatic fire sprinkler systems is amended follows; a. R313.1 deleting the exception,
b. R313.2 replacing Exception 1 with:
An automatic sprinkler system shall be required where additions or alterations result in either of the following conditions:
More than 50% of the exterior walls and the roof are being removed or replaced.
Where an addition to a single-family home or townhome results in a square footage exceeding 3600 square feet.
C. Section R328.8 Protection from impact is amended as follows; R328.8 Protection from impact. ESS installed in a location subject to vehicle damage in accordance with R328.8.1 or R328.8.2 or as declared by the Building Official shall be provided with impact protection in accordance with section R328.8.3.
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7 D. Section R328.8.1 Garages is amended as follows;
a. Deleting the “(See Figure R328.8.1)” reference.
b. Item 1 is replaced with “On the interior face of the back wall and/or located within 36 inches (914 mm) to the left or to the right of the normal driving path.” c. Deleting the exception.
E. Section R328.8.3 Impact protection options, option 2.2 is amended by adding the following; Premanufactured wheel barriers shall be placed 54” in front of the ESS and designed for resisting 2000-lb impact.
F. Chapter 10 dealing with chimneys and fireplaces is amended by adding the following section:
R1000 Prohibited Fireplaces. Open hearth masonry and factory built wood burning fireplaces are prohibited. Prohibition applies to new construction, additions, and existing fireplace replacements.
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8 Chapter 15.10
CALIFORNIA MECHANICAL CODE
Sections:
15.10.010 California Mechanical Code adopted by reference.
15.10.030 Temporary connection of natural gas utilities.
15.10.010 California Mechanical Code adopted by reference.
A certain document entitled, “2022 California Mechanical Code,” including Appendix B and C, published by the International Association of Plumbing and Mechanical Officials and amended and adopted by the state of California as the 2022 edition California Mechanical Code, is adopted by reference as the Mechanical Code of the City pursuant to the provisions of Government Code Section 50020 et seq., state of California, except as modified in this chapter.
15.10.030 Temporary connection of natural gas utilities.
The Building Official may authorize temporary connection of natural gas utilities for a construction project prior to final inspection approval and issuance of the Certificate of Occupancy. The request for such connection shall be in writing on a form provided by the City. The request shall include the reason the temporary connection is necessary, the length of time the connection is needed, and a statement, signed by the property owner and tenant of the premises, authorizing the City to disconnect the natural gas utilities if final inspection approval and Certificate of Occupancy have not been issued by the expiration date of the request.
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9 Chapter 15.12
CALIFORNIA ELECTRICAL CODE
Sections:
15.12.010 California Electrical Code adopted by reference.
15.12.090 Temporary connection of electric utilities.
15.12.120 Building official authority.
15.12.190 Connection to installation.
15.12.010 California Electrical Code adopted by reference.
A certain document, entitled “2022 California Electrical Code,” published by the National Fire Protection Association amended and adopted by the state of California as the 2022 edition California Electrical Code, is adopted by reference as the electrical code of the city pursuant to the provisions of Government Code Section 50020 et seq., state of California, except as modified in this chapter, including adoption per matrices by BSC, HCD-1, HCD-2, DSA-AC, and entirety of Articles 110, 517, and 550.
15.12.090 Temporary connection of electric utilities.
The building official may authorize temporary connection of electric utilities for a construction project prior to final inspection approval and issuance of the certificate of occupancy. If required by the Building Official the request for such connection shall be in writing. The request shall include the reason the temporary connection is necessary, the length of time the connection is needed and a statement, signed by the property owner, tenant of the premises, or contractor, authorizing the city to disconnect the electric utilities if final inspection approval and certificate of occupancy have not been issued by the expiration date of the request.
15.12.120 Building official authority.
A. The building official is authorized to disconnect or order discontinuance of electrical service to any electric wiring, devices, appliances or equipment found to be in violation of this chapter under any of the following conditions:
1. Failure of the owner or his agent to secure the required electrical permit;
2. Hazardous electrical work found to be dangerous to life or property due to defective wiring, devices, appliances or equipment;
3. Electrical work connected to service without the approval of the building official.
B. Any order issued pursuant to this section may be made either to the person using and maintaining the condition or to the person responsible for its use and maintenance and shall specify the date or time for compliance with its terms.
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10 15.12.190 Connection to installation.
A. It is unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electric service to any electric wiring, devices, appliances or equipment for the installation of which a permit is required, unless such person, firm or corporation has obtained a certificate of approval issued by the building official.
B. It is unlawful for any person, firm or corporation to make connections from a source of electrical energy or to supply electric service to any electric wiring, devices, appliances or equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered by the building official to be discontinued until a certificate of approval has been issued by authorizing the reconnection and use of such wiring, devices, appliances or equipment. The building official shall notify the serving utility of the order to discontinue use.
C. When electrical service to a commercial occupancy or place of employment is de-energized for any reason, approval of the building official must be secured by the serving utility prior to re-energizing of said service. “Commercial occupancy” or “place of employment,” for the purposes of this chapter, shall include dwellings used as model homes and/or tract offices.
D. Any order issued pursuant to this section shall be in writing and shall be made to the person, firm or corporation using and maintaining the condition or to the person, firm or corporation responsible for its use and maintenance, and to the utility company providing the service. Delivery of the order shall be accomplished upon deposit in the United States mail or written notice directed to the person, firm or corporation using, maintaining or responsible for the use and maintenance of the condition at the last known address of the person, firm or corporation. Failure to comply with the order of the building official, as set out above, is a misdemeanor subject to the penalties as set out in Chapter 15.28 of this title.
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11 Chapter 15.16
CALIFORNIA PLUMBING CODE
Sections:
15.16.010 California Plumbing Code adopted by reference.
15.16.020 Amendments.
15.16.010 California Plumbing Code adopted by reference.
A certain document entitled, “2022 California Plumbing Code,” including all Appendix Chapters published by the International Association of Plumbing and Mechanical Officials and adopted by the state of California as the 2022 edition California Plumbing Code, is adopted by reference as the Plumbing Code of the City pursuant to the provisions of Government Code Section 50020 et seq., state of California, except as modified in this chapter.
15.16.020 Amendments.
The California Plumbing Code adopted by reference in this chapter is amended by the following additions, deletions and amendments thereto set forth in this chapter.
A. Section 412.3 Added stating, In public multiple accommodation toilet rooms urinals shall be located so the urinal and the person using the urinal can not be viewed from outside the toilet room.
B. Section 422.2 dealing with separate toilet facilities is amended by adding the following.
422.2.3 Single Use, Family or Assisted-Use , and Gender Neutral/All-Gender.
The total count for single use facilities shall be calculated as the full occupant load counted as females in the use/occupancy of the space per table 422.1.
C. Section 612 dealing with residential fire sprinkler systems is amended to read:
Refer to Chapter 15.09 of the Newark Municipal Code.
D. Section 1101.12 dealing with roof drains is amended by adding the following:
1101.12.3 Roof Drainage Discharge. Roof drainage shall discharge to an approved location by the City Engineer.
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12 Chapter 15.17
CALIFORNIA FIRE CODE
Sections
15.17.010 California Fire Code adopted by reference.
15.17.020 Amendments.
15.17.010 California Fire Code adopted by reference.
A certain document, entitled “2022 California Fire Code” including Sections 104, 113, 311.2, 503, Appendix Chapter D relating to fire apparatus access roads, published by the International Code Council and amended and adopted by the state of California as the 2022 edition California Fire Code, is adopted by reference as the fire code of the city pursuant to the provisions of Government Code Section 50020 et seq., state of California, except as modified in this chapter.
15.17.020 Amendments.
A. Section 104.6 Official Records is amended by replacing it in its entirety with the following:
The fire department shall keep a record of fires occurring within the City of Newark and of facts concerning the same, including statistics as the extent of such fires and the damage caused thereby.
The City of Newark shall keep the records of approvals, inspections, permits, and alternative means.
B. Chapter 2, Definitions is amended by adding the following definitions:
Fire Department. The City of Newark Fire Department or a duly authorized fire department as contracted by the City of Newark.
Alarm User. An alarm user means any person of whose premises an alarm system is maintained within the City.
C. Chapter 2, Definitions is amended by replacing the following definitions:
False Alarm. A false alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, maintenance or operation or the negligence of Packet Page 185
13 the owner, lessee, or their employees or agents. Such terminology does not include, for example, alarm activation caused by earthquakes, violent storms, power fluctuations, or other violent uncontrollable acts or nature.
Fire Code Official. The Fire Code official shall be appointed by the Fire Chief of the jurisdiction.
D. Section 903.2, 903.2.1, 903.2.1.2, 903.2.2, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.10, 903.2.13 are amended to read as follows and 903.2.22 is added to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in Sections 903.2.1 and 902.2.13. 903.2.1 Group A Occupancies. An automatic sprinkler system shall be installed in all Group A occupancies exceeding 1000 square feet.
903.2.2 Ambulatory care facilities. Every facility as specified herein, regardless of floor area, wherein more than six clients or patients are housed or cared for on a 24-hour perday-basis or where one or more care recipients are incapable of self-preservations. Shall have installed and maintained in an operable condition throughout the entire building an automatic fire sprinkler system.
903.2.3 Group E Occupancies. An automatic sprinkler system shall be installed in all Group E Occupancies exceeding 1000 square feet.
903.2.4 Group F Occupancies. An automatic sprinkler system shall be installed in all Group F occupancies exceeding 1000 square feet.
903.2.7 Group M Occupancies. An automatic sprinkler system shall be installed in all Group M occupancies greater than 1000 square feet.
903.2.8 Group R Occupancies. An automatic sprinkler system shall be installed in all Group R occupancies.
903.2.9 Group S-1. An automatic sprinkler system shall be installed in all S-1 occupancies exceeding 1000 square feet.
903.2.10 Group S-2. An automatic sprinkler system shall be installed in all S-2 occupancies exceeding 1000 square feet.
903.2.2.22 Group B and U occupancies. An automatic sprinkler system shall be installed in all B and U occupancies exceeding 1000 square feet.
E. Section 903.6 dealing with the requirement for fire sprinkler systems in existing buildings and structures is amended by replacing subsection 903.6 in its entirety with the following:
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14 903.6 Where Required. An automatic sprinkler system shall be provided in existing buildings and structures when required by Chapter 11, another section of this code, or when one of the following conditions exists:
More than 50% of the exterior walls and the roof are being removed or replaced.
Where the occupancy of an existing building changes to include H, I, L, S-1, or S-2.
Where an addition to a single-family home or townhome results is a square footage exceeding 3600 square feet.
F. Section 907 Fire Alarm and Detection Systems is amended by adding the following:
907.11 False Alarms
907.11.1 Malfunctions of any sprinkler alarm, or other fire protection or emergency alarm system resulting in an alarm and emergency dispatch of the Fire Department will be subject to a “false alarm” fee as established by resolution of the City Council. 907.11.2 During the thirty days following any new alarm installation, the Fire Code Official shall determine if the false alarms emanating from such new installation are excessive.
907.11.3 After the initial thirty day period following a new alarm installation, more than three false alarms within a calendar year are excessive and will be charged as false alarms.
G. Section 914.2.1 dealing with automatic fire sprinkler system in malls is amended by deleting the exception.
H. Section 914.4.1 dealing with automatic fire sprinkler systems in atriums is amended by deleting all exceptions.
I. Section 914.6.1 dealing with automatic fire sprinkler systems at stages is deleted.
J. Chapter 56 is amended by adding Section 5614 as follows.
5614 Fireworks
5614.1 Definitions. For the purpose of this Chapter the phrases “fireworks,” “dangerous fireworks,” and “safe and sane fireworks” shall have the meanings ascribed to them in Sections 12511, 12505, and 12529 of the Health and Safety Code of the state of California. 5614.2 Storage of safe and sane fireworks:
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15 5614.2.1 Safe and sane fireworks in excess of five pounds shall not be stored at any one location in the City of Newark.
EXCEPTIONS:
1. A maximum of one day’s sales supplies of safe and sane fireworks, per stand, may be stored in a safe and sane fireworks stand for which a permit has been issued, or in a tamper resistant metal container approved by the Fire Code Official, pursuant to this Article.
2. If the stand closes at any time, the safe and sane fireworks, in excess of five pounds, may be stored in the booth with an adult guard, 18 years or older on the premises at all times.
3. Safe and sane fireworks stands shall not be located in areas zoned residential or General Industrial.
4. The City Community Development Director shall determine that the locations of the safe and sane fireworks stands do not have unsightly, undesirable, or obnoxious qualities that are not harmonious with, or are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent of the Zoning Code.
5614.3 Prohibition
5614.3.1 The manufacture, sale, or discharge of safe and sane fireworks within the jurisdictional area is prohibited except under special permits as are required by local and state regulations.
EXCEPTIONS
1. A permit is not required for the discharge of safe and sane fireworks as described in Section 12529 of the Health and Safety Code.
2. Nothing in this section shall be construed to prohibit the discharge of safe and sane fireworks by railroads or other transportation agencies for signal purposes of illumination, or discharge of blank cartridges for a show or theater, or for use by military organizations.
5614.4 Sale of safe and sane fireworks
5614.4.1 Annual permit required: any organization desiring to sell or to offer for sale safe and sane fireworks shall annually make application to the Fire Code Official for a permit to sell safe and sane fireworks.
5614.4.2 Application for Permit:
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16 1. Shall be made in writing at the office of the Fire Marshal of the City of Newark, accompanied by the permit fee.
2. Shall be made during regular office hours, between the fifteenth day of April and the fifteenth day of May of each year.
3. Shall set forth the proposed location of the safe and sane fireworks stand applied for.
4. Shall be accompanied by an assurance that if the permit is issued to the applicant, applicant shall, at the time of receipt of such permit, deliver to the Fire Code Official a general liability insurance policy or endorsement adding or specifying the City, its officers, employees, and volunteers as “insureds” and within the scope and limits as set by the Fire Chief.
5614.5 Annual Permit. An annual permit shall only be issued to any organization meeting the following requirements:
5614.5.1 Nonprofit organization organized primarily for veteran, patriotic, welfare, youth activity, civic betterment, or charitable purpose within the City of Newark. 5614.5.2 The organization shall have its principal place of business and permanent meeting place within the City limits of the City of Newark. 5614.5.3 The organization shall have been organized for a minimum of one (1) year continuously preceding the filing of the application for the permit. 5614.5.4 The organization shall have at least twenty (20) regular and active participants, volunteers, or members with a minimum of fifty percent (50%) of those regular and active participants, volunteers, or members being bona fide residents of the City of Newark. For purposes of this section, a “member” need not be a “member” as defined by California Corporations Code Section 5056.
5614.5.5 The organization shall obtain a business license from the City of Newark. 5614.6 Operation of Stand
5614.6.1 No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
5614.6.2 No person other than individuals who are members, regular and active participants, volunteers, or other persons supportive of the activities of the permittee organizations, or a spouse or adult child of such a person, shall sell or otherwise participate in the sale of safe and sane fireworks at such stand.
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17 5614.6.3 No person shall be paid any money or other consideration for selling or otherwise participating in the sale of safe and sane fireworks at such stand. 5614.6.4 All retail sales of safe and sane fireworks shall be permitted only from within a temporary safe and sane fireworks stand. The sale from any other building or structure is hereby prohibited.
5614.7 Temporary Safe and Sane fireworks Stands
5614.7.1 No safe and sane fireworks stand shall be located within 25 feet of another building or within 100 feet of any flammable liquid or gas storage or dispensing unit. 5614.7.2 All safe and sane fireworks stands shall be erected in a manner approved by the Fire Marshal in order to reasonably ensure the safety of attendants and patrons. 5614.7.3 No stand shall have a floor area in excess of 300 square feet. 5614.7.4 Each stand shall have at least two remote exits three feet in width and not less than six feet eight inches in height. All doors shall swing out. 5614.7.5 Each stand shall be provided with two 2-A rated fire extinguishers bearing a valid inspection tag and in good working order. Extinguishers shall be easily accessible for use in case of fire.
5614.7.6 “No smoking” signs shall be conspicuously posted at the stand. 5614.7.7 Merchandise shall be displayed in such a manner that it cannot be handled by patrons reaching over the selling counter or through other openings in the stand. 5614.7.8 All electrical wiring will require a permit from the City Building Inspection Division prior to any installation.
5614.7.9 Decorative material, canvas tops, screening, etc., shall be flame retardant or rendered to the satisfaction of the Fire Code Official. 5614.7.10 All weeds and combustible material shall be cleared from within a 25 foot minimum area surrounding the stand.
5614.7.11 Each stand shall be located only at those locations in compliance with the City Zoning Ordinance.
5614.7.12 A maximum of one day’s sales supplies of safe and sane fireworks, per stand, may be stored in a safe and sane fireworks stand for which a permit has been issued, or in a tamper resistant metal container approved by the Fire Code Official, pursuant to this Chapter.
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18 5614.7.13 If the stand closes at any time, the safe and sane fireworks, in excess of five pounds, may be stored in the booth with an adult guard, 18 years or older on the premises at all times.
5614.7.14 Safe and sane fireworks stands shall not be located in areas zoned residential or General Industrial.
5614.7.15 The Fire Code Official shall determine that the locations of the safe and sane fireworks stands do not have unsightly, undesirable, or obnoxious qualities that are not harmonious with, or are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent of the Zoning Code. 5614.8 General Requirements
5614.8.1 The sale of safe and sane fireworks shall be from 12:00 noon to 9:00 p.m. on the 28th day of June and 8:00 a.m. to 9:00 p.m. June 29 through July 4. The use of safe and sane fireworks shall be from midnight June 30 to midnight July 4. 5614.8.2 All unsold stock and accompanying litter shall be removed from the location by 12 Noon on the sixth day of July.
5614.8.3 The safe and sane fireworks stand shall be removed from the location by the twelfth of July.
5614.8.4 The sale of safe and sane fireworks shall not be made to any person or persons under the age of 18.
5614.8.5 Prior to the sale, in the event that a prospective purchaser appears or would appear to a reasonable person to be under the age of thirty (30), the permittee shall require the prospective purchaser to show proof of age by displaying a motor vehicle operator’s license, a registration certificate issued by the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or a similar document bearing the picture or likeness of the purchaser. Any permittee that sells safe and sane fireworks to any person under the age of 18 or, in the event that a prospective purchaser appears or would appear to a reasonable person to be under the age of thirty (30), fails to require the prospective purchaser to show proof of age as required herein, shall be guilty of an infraction. Pursuant to Title 7 of the Newark Municipal Code, an Administrative Citation may be issued for the violation. Each sale to any person under the age of 18 shall be deemed a separate violation. In addition the sale of safe and sane fireworks to any person under the age of 18 is declared a public nuisance subject to abatement pursuant to Title 7 of this Code subjecting the permittee to administrative penalties up to $1,000 per day per violation to a maximum of $100,000, and to recovery of all costs of abatement and enforcement as provided in Title 7.
5614.8.6 In addition to the foregoing, in the event of multiple violations or other evidence of a course of conduct in conscious or reckless disregard of the requirements of this section, Packet Page 191
19 the permittee may be deemed ineligible for a safe and sane fireworks booth permit in subsequent years. The Fire Code Official shall make the decision of ineligibility. The permittee may appeal that decision by requesting an administrative hearing to be held by the City Manager’s designated Hearing Officer. The hearing shall be conducted pursuant to the rules of procedure set forth in Chapter 7.22 of the Newark Municipal Code. The Hearing Officer’s decision shall be the final decision of the City of 5614.9 Fireworks Display
5614.9.1 General. Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks.
5614.9.2 Scope. Fireworks and temporary storage, use, and handling of pyrotechnic special effects material used in motion pictures, television, and theatrical and group entertainment productions shall be in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks.
5614.9.3 Permits Required. The permittee shall furnish a general liability insurance policy of endorsement adding the City, its officers, employees, and volunteers as “insureds” and within the scope and limits as set by the Community Development Director. Said policy is to cover payments for all damages, which may be caused to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees, or subcontractors.
5614.9.4 Fireworks other than safe and sane fireworks prohibited.
Except as provided in this section, it is unlawful for any person, corporation, or entity to possess, store, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode any fireworks except “safe and sane fireworks” as described in Section 12529 of the Health and Safety Code. Violation of this section is punishable as an infraction.
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20 Chapter 15.18
CALIFORNIA REFERENCED STANDARDS CODE
Sections:
15.18.010 California Referenced Standards Code adopted by reference.
A certain document entitled, ”2022 California Referenced Standards Code,” published by the International Code Council is adopted by reference pursuant to the provisions of Government Code Section 50020 et seq., state of California.
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21 Chapter 15.20
CALIFORNIA HISTORICAL BUILDING CODE
Section:
15.20.010 California Historical Building Code adopted by reference.
A certain document entitled, “2022 California Historical Building Code,” published by the International Code Council and amended and adopted by the state of California as the 2022 edition of the California Historical Code, is adopted by reference as the historical building code of the city pursuant to the provisions of Government Code Section 50020 et seq., state of California.
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22 Chapter 15.21
CALIFORNIA EXISTING BUILDING CODE
Sections:
15.21.010 California Existing Building Code adopted by reference.
15.21.020 Amendments
15.21.010 California Existing Building Code adopted by reference.
A certain document entitled, “2022 California Existin Building Code,” including Appendix Chapter A1, relating to unreinforced masonry buildings, Appendix Chapter A3, relating to anchorage of wood framed residential buildings, and Appendix Chapter A4, relating to risk reduction in soft story wood framed buildings Appendix Chapter A5, relating to the building standards, published by the International Code Council and amended and adopted by the state of California is adopted by reference pursuant to the provisions of Government Code Section 50020 et seq., state of California.
15.21.020 Amendments
The existing building code adopted by reference in this chapter is amended by any reference in the code language referencing sections of the “International Building Code” is replaced to be the “California Building Code”, as adopted in chapter 15.08 of Newark’s Municipal Code.
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23 Chapter 15.22
CALIFORNIA ENERGY CODE
Section:
15.22.010 California Energy Code adopted by reference.
A certain document entitled, “2022 California Energy Code,” published and adopted by the state of California is adopted by reference pursuant to the provisions of Government Code Section 50020 et seq., state of California.
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24 Chapter 15.23
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections
15.23.010 California Green Building Standards Code adopted by reference.
A certain document, entitled “2022 California Green Building Standards Code”, published and adopted by the state of California, is adopted by reference pursuant to the provisions of Government Code Section 50020 et seq., state of California. Including all matrices BSC-CG, HCD-1, HCD-2, and CEC.
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25 SECTION 3. References To Prior Uniform Building and Construction Codes.
Unless superseded and expressly repealed, references in City forms, documents, and regulations to chapters and sections of the prior adopted Uniform Building Codes shall be construed to apply to the corresponding provisions contained in the chapters and sections of Title 15 of the Newark Municipal Code adopted by this Ordinance and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
SECTION 4. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. Adoption.
This Ordinance shall take effect on the later of thirty (30) days after passage or on January 1, 2023, and shall within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING FINDINGS REGARDING THE NEED
FOR LOCAL AMENDMENTS TO PROVISIONS IN THE
CALIFORNIA BUILDING STANDARDS CODE AS ADOPTED
BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA
CODE OF REGULATIONS, TITLE 24, TO BE ADOPTED BY
REFERENCE IN THE NEWARK MUNICIPAL CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the "Commission"), or at a later date established by the Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for the City to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit the City to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require the City, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, notice of this Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and
WHEREAS, the City Council of the City of Newark intends to adopt an Ordinance adopting by reference provisions of the California Building Standards Code, with local amendments; and
WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in Exhibit A, attached hereto and hereinafter incorporated by reference.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby declares and finds that the local amendments to the provisions of the California Building Standards Code set forth in Exhibit A are reasonably necessary because of local climatic, geologic, or topographical conditions in accordance with Health and Safety Code Section 17958.7 as further set forth in Exhibit A.
BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.
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EXHIBIT A
STATEMENT OF FINDINGS
LOCAL AMENDMENTS TO 2022 CALIFORNIA BUILDING STANDARDS CODE
CITY OF NEWARK
October 13, 2022
GENERAL FINDINGS
The City Council of the City of Newark makes the following general findings regarding local climatic, geologic, and topographical conditions, which the City Council finds necessitates the local modifications to the California Building Standards Code set forth below:
1. Local Climatic Conditions. Local climatic conditions include a low amount of average yearly rainfall, an average of 14 inches, which tends to be concentrated from October through April. From May through September, a dry period occurs where daily temperatures remain high and there is little measurable precipitation. In addition, the local climate frequently includes high winds which sweep across the City from San Francisco Bay. As a result of the high summer temperatures, average load demand and peak load demand of energy used in Newark and surrounding areas are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions ( i.e. “brownouts”).
As a result of the low precipitation, the area is subject to occasional drought. In developed areas of the City, fires can occur in buildings, rubbish, automobiles, and grass fires on vacant lots. In the undeveloped areas of the City, there is a risk of large brush and grass fires. If a fire occurs in either a developed or undeveloped area of the City, the local dry conditions combined with high winds, creates the risk of a potential fire storm. In addition, some local residential development is occurring in previously undeveloped areas adjacent to potential wildfire hazard areas. These new developments increase the chance of fire while simultaneously being located further from fire stations, delaying critical response times. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems.
2. Local Geologic Conditions. Local geologic conditions include a risk of earthquake. The City of Newark is directly impacted by earthquakes from the Hayward Fault and is subjected to fault activity from the San Andreas and Calaveras faults, among others. The largest recorded earthquakes in the Newark area occurred during a sequence of earthquakes in January and February 1980. They reached magnitudes that ranged between 5.5 and 5.9 on the Richter scale. In August 1989 a trembler was recorded with a magnitude in excess of 5.0 on the Richter scale. These potential earthquakes influence fire protection planning in several ways.
First, a major seismic event would create a citywide demand on fire protection service that would be beyond response capability of the Fire Department without sprinklerization. This potential problem could be mitigated by requiring the initial fire control be provided throughout the City by the installation of automatic fire sprinkler protection systems.
Structural damage to overpasses connecting cities of various areas will seriously delay emergency vehicle access through the City. At present the City is not able to reach all existing areas within five minutes or less due to traffic congestion during peak hours. Fire Station #28 Packet Page 201
Exhibit “A,” Statement of Findings
Local Amendments to 2022 California Building Standards Code, City of Newark
F:\Shared\PUBWRKS\BLDGINSP\Code Adoption\2022 Code Adoption\Exhibit A - Statement of Findings.doc is blocked by railroad tracks leaving the Newark Boulevard overpass as the only way to get through in the event trains are on the track. Based on the following general findings, the amendments herein contained providing a modified standard for fire extinguishing systems are necessary to serve the public interest by reducing risk of life and property of the citizens of the City of Newark.
In the event of an earthquake, damage to structures can be expected. In residential and commercial areas, this could include significant damage or collapse of buildings. Secondary impacts could include ruptured electric or gas connections and/or breaks in water distribution lines. The potential for a major seismic event would create a Citywide demand for emergency response and fire protection service which would exceed staff response capacity. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems.
To provide modified standards to better serve the public interest by reducing the risk to life and property of the citizens of the City of Newark resulting from the local conditions identified herein. The following are additional findings applicable to multiple code sections:
A. Nationwide and local experience and records have proven that early warning and detection and built-in fire protection are essential in saving lives and reducing property loss from fire.
B. There are fire problems reflected in the records of the Fire Department.
C. The growth patterns of the City indicate a high level of need for protection.
D. There are limitations of Fire Department manpower and equipment.
E. Legislative economic restraints adversely affect the ability of the Fire Department to greatly expand its manpower and equipment.
F. Early detection, warning, and built-in fire protection will greatly assist the Fire Department in saving lives and property.
3. Local Topographical Conditions. The City of Newark is generally very flat with no substantial hills or extensive elevation changes. The City is traversed by railroad tracks across the major arterials: Thornton Avenue, Central Avenue, Jarvis Avenue, Cedar Boulevard, Cherry Street, and Sycamore Street. Entrance to the City is limited by the 880 overpass and the traffic coming from Highway 84, the Dumbarton Bridge. This configuration effectively divides the City in such a manner that a major accident on any one of these streets at any one time will prevent access to fire service within a reasonable response time. Present response time is sometimes in excess of five minutes due to traffic conditions. Traffic throughout the City is channeled into several major thoroughfares that must ultimately cross railroad tracks Packet Page 202
Exhibit “A,” Statement of Findings
Local Amendments to 2022 California Building Standards Code, City of Newark
F:\Shared\PUBWRKS\BLDGINSP\Code Adoption\2022 Code Adoption\Exhibit A - Statement of Findings.doc and freeways by means of bridges and overpasses, creating a significant barrier to fire and emergency equipment responding in less than five minutes. In the event of an accident or other emergency at one of the key points of intersection between a highway and the railroad tracks or a freeway entrance to the City, the City could be isolated and the response time would be sufficiently slowed so as to increase the risk of substantial injury or damage Based on the local climatic, geologic, and topographical conditions outlined above, there is a real risk that emergency response could be significantly delayed in the event of an accident or emergency. Therefore, it is necessary to address this problem through the requirement of additional mitigation measures to: (a) prevent the chance of accident or injury by requiring standards more stringent than required by the current codes; and (b) require additional built-in automatic fire protection systems which will provide for early detection and initial fire control.
SPECIFIC FINDINGS
The City Council of the City of Newark makes the following specific findings, which, in addition to the general findings regarding local climatic, geologic, and topographical conditions set forth above, the City Council finds necessitate the local modifications to the California Building Standards Code set forth below:
Chapter 15.02 - California Administrative Code
No local amendments.
Chapter 15.08 - California Building Code
Sections 402.5, 404.3, 407.6, 410.6, 903.2 903.2.1, 903.2.1.2, 903.2.2, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.10, and 903.2.22 Automatic Fire Sprinkler Systems.
These various code sections should be modified to provide consistency with the City’s fire sprinkler and alarm ordinance.
Section 501.1, Site Addressing.
This modification should be made to provide consistency with other sections of the current NMC.
15.08.042 Licensed professional.
The modification should be continued from prior local code adoptions to preserve minimum safety standards.
Findings for Chapter 15.08 amendments: Reference is made to General Findings 1, 2 and 3.
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Exhibit “A,” Statement of Findings
Local Amendments to 2022 California Building Standards Code, City of Newark
F:\Shared\PUBWRKS\BLDGINSP\Code Adoption\2022 Code Adoption\Exhibit A - Statement of Findings.doc Chapter 15.09 - California Residential Code
Section R301.1.3.2.1, Engineering Required.
This recommended modification is a continuation of existing NMC standards added in previous code cycles. The California Residential Code allows the Building Official to require drawings for dwellings taller than two stories be designed by a licensed professional. The recommended NMC change is to increase the standard to include dwellings taller than one story. This is the standard the City has been using for many years.
Section R313, Automatic Fire Sprinkler Systems.
This recommended modification is also a continuation of existing NMC standards added in previous code cycles. The California Residential Code requires automatic fire sprinkler systems in all new one and two family dwellings and townhouses. For one and two family dwellings and townhomes, the code language is proposed to change in order to match fire code requirements for existing structures.
Section R328.8, R328.8.1, and R328.8.3. Protection from Impact for ESS (Energy Storage Systems). These code sections are proposed to be modified to clarify the safety intent as needed to prevent damage to the equipment which could result in house fires.
Chapter 10, Wood Burning Fireplaces.
R1000 section was added to complement existing Bay Area wide prohibition on new wood burning fireplaces. No change to previous ordinance.
Appendix K, Sound Transmission.
This proposed section modification is a carryover from the previous ordinance.
Findings for Chapter 15.09 amendments: Reference is made to General Findings 1, 2 and 3.
Chapter 15.10 - California Mechanical Code
15.10.030, Connection of Natural Gas Utilities.
This proposed section is provided in the previous ordinance as a modification and gives the Building Official options to assist developers in obtaining utility connections.
Findings for Chapter 15.10 amendments: Reference is made to General Findings 1, 2 and 3.
Chapter 15.12 - California Electrical Code
15.12.090, Temporary Connection of Electrical Utilities.
This proposed section is also in the previous ordinance as a modification to give the Building Official options to assist developers in obtaining utility connections.
15.12.120, Building Official Authority.
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Exhibit “A,” Statement of Findings
Local Amendments to 2022 California Building Standards Code, City of Newark
F:\Shared\PUBWRKS\BLDGINSP\Code Adoption\2022 Code Adoption\Exhibit A - Statement of Findings.doc This proposed section is provided in the previous ordinance and gives the Building Official authority to disconnect an electrical service if conditions are unsafe. In practice this authority has not been exercised in the last two decades.
15.12.190, Electrical Service Connections.
This proposed section clarifies standards that are not well described in the California Electrical Code and does not change the modifications provided in the previous ordinance.
Findings for Chapter 15.12 amendments: Reference is made to General Findings 1, 2 and 3.
Chapter 15.16 - California Plumbing Code
Sections 412.3, Privacy in Public Multiple Accommodation Toilet Rooms.
This item is a continuation of existing NMC standards added in previous code cycles. It is generally understood that persons using water closets or urinals in multiple accommodation toilet rooms should be afforded some degree of privacy. The current California Plumbing Code and California Building Code do not specifically address this issue. Some designers have in the past proposed designing multiple accommodation toilet rooms without privacy partitions around water closets or placing urinals in full view of persons outside the toilet room.
Section 422.2 Dealing with separate toilet facilities.
This proposed section modification would clarify how one would establish the total number of plumbing fixtures required when all the facilities would be single-use such as gender-neutral or family-assisted facility.
Section 612 Dealing with residential fire sprinkler systems.
This proposed section modification would also continue a current requirement in the NMC. The plumbing code provides a number of exceptions for requiring the connection of waste lines to a public sanitary sewer system. One of the exceptions allows for private septic systems, which in Newark would be unacceptable. The change would prohibit septic systems. All waste lines must connect to Union Sanitary District sanitary sewer system mains. There are no proposed language changes from the previous NMC ordinance.
Section 1101.12, Roof Drainage.
This proposed modification would prohibit, if practical, direct connection of roof drains to storm drains, which complements current requirements in the City’s Stormwater Management and Discharge Control Ordinance and associated stormwater permit issued by the Regional Water Quality Control Board. There are no proposed changes from the previous ordinance.
Findings for Chapter 15.16 amendments: Reference is made to General Findings 1, 2 and 3.
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Exhibit “A,” Statement of Findings
Local Amendments to 2022 California Building Standards Code, City of Newark
F:\Shared\PUBWRKS\BLDGINSP\Code Adoption\2022 Code Adoption\Exhibit A - Statement of Findings.doc Chapter 15.17 – California Fire Code
Section 15.17.010, California Fire Code adopted by reference.
A number of individual sections are proposed to supplement individual sections not adopted by the State Fire Marshal, but desired by the Alameda County Fire Department.
Chapter 2, Definitions.
Four definitions are proposed to be added, amended, and/or relocated to better clarify terms used by the Alameda County Fire Department. There are no significant changes from the previously adopted ordinance.
Chapter 9, Fire Protection, Alarms, and Detection Systems.
This chapter relates to the City’s fire sprinkler, fire alarm, and fire detection standards which are more restrictive than State codes. These are proposed to be modified for consistency with building code and fire department language.
Section 5614, Safe and Sane Fireworks.
This item is a continuation of existing NMC standards added in previous code cycles. Because of a major change to the California Fire Code it was appropriate to reformat the City’s fireworks ordinance. The City’s safe and sane fireworks ordinance would remain unchanged except for minor editing and numbering changes. There are no recommended technical changes.
Appendix D, Fire Department Access.
Appendix D has been a part of the ordinance for several code cycles. The Fire Department is recommending adopting the appendix without modifications.
Chapter 15.17.190, Permit Fees.
This chapter should be eliminated because fees are covered in other parts of the ordinance.
Chapter 15.17.200, Violation deemed infraction.
This chapter should be eliminated because this subject is covered in other parts of the ordinance.
Findings for Chapter 15.17 amendments: Reference is made to General Findings 1, 2 and 3.
Chapter 15.18 - California Referenced Standards Code
No local amendments.
Chapter 15.20 - California Historical Building Code
No local amendments.
Chapter 15.21 - California Existing Building Code
No local amendments
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Exhibit “A,” Statement of Findings
Local Amendments to 2022 California Building Standards Code, City of Newark
F:\Shared\PUBWRKS\BLDGINSP\Code Adoption\2022 Code Adoption\Exhibit A - Statement of Findings.doc Chapter 15.22 - California Energy Code
No local amendments
Chapter 15.23 - California Green Building Standards Code No local amendments.
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