69_10272022%20City%20Council%20packet%20v2%20with%20page%20numbers

AGENDA
Thursday, October 27, 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. Assemblymember Alex Lee ceremonial presentation of check for Quiet Zone Safety Improvements and Broadband Master Plan

2. Commending Newark Days Committee

3. Proclaim October as Promotores Month

4. Introduction of employees
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion.

There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of October 13, 2022 meeting minutes

3. Adopt a resolution approving the final map and subdivision improvement agreement for Tract 8606 – Newpark Mall Phase D1 and D4 (Newpark Mall, LP) at 2086 Newpark Mall Road

4. Adopt a resolution approving the final map and subdivision improvement agreement for Tract 8489 – Newpark Mall Phase A (Newpark Mall Phase A Development LLC) at 2086 Newpark Mall Road

5. Adopt a resolution authorizing the City Manager to execute a contractual services agreement with All City Management Services, Inc. to provide crossing guard services at intersections near schools that are within the jurisdiction of the Newark Unified School District

6. Adopt a resolution authorizing a 3.7% increase to the solid waste collection, recycling and organics services maximum rates for Calendar Year 2023
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Presentation of the 2021 Community Survey Results

2. Information regarding the Newark Police Department automated license plate reader (ALPR) program and opportunity for public comment
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

H. CLOSED SESSION
I. ADJOURNMENT

HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Assembly Bill 361 (2021). Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube. If you attend the meeting in person, a face covering is recommended but not required.

Mayor Nagy, Vice Mayor Hannon, and Council Members Bucci, Collazo, and Freitas may be attending this meeting Packet Page 2
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/86839467205 From a telephone dial 1- 669-900-9128, Webinar ID Number 868 3946 7205 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 10/27/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Assemblymember Alex Lee ceremonial presentation of check for Quiet Zone Safety Improvements and Broadband Master Plan
Under the leadership of Assemblymember Alex Lee, Assembly Bill 179 ("Budget Act of 2022) included funding for City requested projects including Quiet Zone safety improvements and for the Broadband Master Plan and implementation.

The allocation of $2 million towards implementation of Quiet Zones in Newark will address an item of significant concern for members of our community- namely the loud horns that emanate from train traffic throughout the night. With this funding, City staff will begin the process of designing the improvements and coordinating with the Federal Railroad Administration and California Public Utilities Commission.

The allocation of $1.8 million towards our Broadband Infrastructure Project will help the City identify and address existing fiber optic infrastructure gaps.

Assemblymember Alex Lee will present a ceremonial check to Mayor Nagy to celebrate and commemorate this funding.

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Item B. 2.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Commending Newark Days Committee
Newark Days celebrated the City's 67th birthday during the weekend of September 15 - 18, 2022. Members of the Newark Days Committee (Committee) volunteer their time and efforts throughout the year to ensure a successful event. Members of the Committee will accept a commendation at the City Council meeting.

Attachments
Commendation
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COMMENDING

NEWARK DAYS COMMITTEE
WHEREAS, the NEWARK DAYS COMMITTEE, led by dedicated President Shirley Sisk, who founded Newark Days Celebration, Inc. in 1972, annually celebrates the City’s incorporation during the month of September; and WHEREAS, this year’s Newark Days Celebration was once again a great success; and
WHEREAS, the NEWARK DAYS COMMITTEE is made up of talented and dedicated residents who work tirelessly to make this event happen and who reflect the values so succinctly stated in our Newark Days Celebration motto, “People, Pride, and Progress”;
NOW, THEREFORE, I, Alan L. Nagy, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend the

NEWARK DAYS COMMITTEE
for another successful Newark Days celebration and thank them for their commitment to making this event one that the entire City looks forward to with anticipation and pride.

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 Twenty-seventh Day of October, Two Thousand Twenty-two.

ALAN L. NAGY
Mayor
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Item B. 3.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclaim October as Promotores Month
The Newark Recreation and Community Services Department's Promotores Network plays an invaluable role in making the City of Newark a more welcoming place to live.

Promotores are Spanish-speaking members of our community who are trained to be advocates in the community and to identify solutions to community needs. A proclamation declaring October as Promotores Month has been prepared and will be presented to representatives from Promotores at the City Council meeting.

Attachments
Proclamation
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PROCLAMATION NO. 1882
PROCLAIMING OCTOBER 2022

PROMOTORES MONTH
WHEREAS, Promotores are Spanish-speaking women and men who are trained to be advocates who create solutions to community needs; and
WHEREAS, the Newark Recreation and Community Services Department Promotores Network plays an invaluable role in making the City of Newark a more welcoming place to live; and WHEREAS, the Newark Promotores act as intermediaries between healthcare, social services, and educational institutions and the Latino community. They provide information, referrals, and training to ensure access to these vital services; and WHEREAS, the Newark Promotores’ work is grounded in strong cultural values, including a deep appreciation for personal relationships and an eagerness to help and support each other in a new community; and
WHEREAS, as they learn to navigate a new culture and community, the Newark Promotores become guides to other families new to our City. The Newark Promotores Network is like an extended family providing social and emotional support to each other; and WHEREAS, October 2022 has been designated as Promotores Month; 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

PROMOTORES MONTH
in Newark and thank Newark Promotores for the compassion and the commitment they show to their community. They are role models for all of us on how to ensure the health, safety, and educational and financial well-being of the most underserved families.

ALAN L. NAGY
Mayor
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Item B. 4.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employees
The following employees will be introduced at the City Council meeting:

Marisa Huntley, Police Support Services Manager
Kamini Kumar, Administrative Analyst
Bryan Cabeceira, Building Inspector
Brett Oeverndiek, Administrative Analyst
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Item D. 1.

DATE 10/27/2022
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 10/27/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of October 13, 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 Draft
Thursday, October 13, 2022
7:00 P.M.

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

B. PRESENTATIONS

1. Proclaiming Hindu Heritage Month
Mayor Nagy presented the proclamation to Dr. Romesh Japra.

2. Proclaiming October 19, 2022 as Unity Day
Mayor Nagy presented the proclamation to Katie Dennis, Jessennia Taimani, and Janelle Mensinger from the Recreation and Community Services Department.

3. Introduction of employee
Mayor Nagy introduced Matthew Avila, Senior Building Inspector.

C. PUBLIC COMMENT
No one requested to speak.

D. CONSENT CALENDAR
Council Member Collazo moved, Vice Mayor Hannon seconded, to approve Consent Calendar Items D.1 through D.8, that the resolutions and ordinance be numbered consecutively, and that reading of the titles suffice for adoption of the resolutions and ordinance. The motion passed, 4 AYES, 1 ABSENT.

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Page No. 2
City of Newark City Council Minutes October 13, 2022

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 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
Resolution No. 11411

4. Consideration of application for permission to file late claim by Kim Irene Schultz
Motion Approved

5. Adopt a Resolution Approving a First Amendment to the Contractual Services Agreement with Stantec Consulting Inc.

Resolution No. 11412
Contract No. 21025

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
Ordinance No. 538

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
Resolution No. 11413
Contract No. 22012
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Page No. 3
City of Newark City Council Minutes October 13, 2022

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
Resolution No.11414
Contract No. 21054
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
Ordinance Introduced
Resolution No. 11415 Findings
Chief Building Official Farrell gave the staff report recommending approval.

No one requested to speak.

ACFD Division Chief Terra, addressed the limited circumstances where Accessory Dwelling Units required sprinklers.

Council Member Freitas moved, Vice Mayor Hannon seconded to:

1. 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, Packet Page 24
Page No. 4
City of Newark City Council Minutes October 13, 2022
and the California Green Building Standards Code, collectively the 2022 California Building Standards Code; and

2. Adopt 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; and

3. Adopt a motion to set a public hearing date of November 10, 2022, for adoption of the 2022 California Building Standards Code.

The motion passed, 4 AYES, 1 ABSENT.

G. CITY COUNCIL MATTERS
Mayor Nagy recognized October as National Hispanic Month and thanked them for their contributions to our community.

Vice Mayor Hannon stated that ballots have gone out for the November 8, 2022 election and he encouraged people to vote.

Council Member Collazo stated that October is Cancer Awareness month and encouraged everyone to get checked. She stated that Dia de los Muertos would be held at Magnolia Plaza on October 22. Shop Newark.

Council Member Freitas congratulated Mayor Nagy who recently received a legacy award from Senator Bob Wieckowski.

H. CLOSED SESSION
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:26 p.m.

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Item D. 3.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Senior Civil Engineer
SUBJECT Adopt a resolution approving the final map and subdivision improvement agreement for Tract 8606 – Newpark Mall Phase D1 and D4 (Newpark Mall, LP) at 2086 Newpark Mall Road
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the final map and subdivision improvement agreement for Tract 8606 – Newpark Mall Phase D1 and D4 (Newpark Mall, LP) at 2086 Newpark Mall Road.

The final map for Tract 8606 – Newpark Mall Phase D1 and D4 (Newpark Mall, LP), which contains the re-subdivided parcels for the Costco building and the Costco gas station, has been reviewed and found to be in conformance with Vesting Tentative Tract Map 8489 and the conditions of approval. The developer, Newpark Mall, LP, has executed a subdivision improvement agreement and has posted a Performance Bond in the amount of $600,000 and a Materials Bond in the amount of $300,000 to guarantee the construction of the public and private improvements. The final map and subdivision improvement agreement are now ready for City Council approval.

BACKGROUND
On July 22, 2021, the City Council approved Vesting Tentative Map 8489, a 13-lot re-subdivision of Parcel Maps 3632, 4458, and 6078 for a phased residential and commercial development at Newpark Mall per the NewPark Place Specific Plan.

Approval of the final maps associated with Vesting Tentative Map 8489 to facilitate development within the NewPark Place Specific Plan Area will be filed in phases, with Tract 8606 being the second phase of the final map approvals.

DISCUSSION/ANALYSIS
The developer, Newpark Mall, LP, has submitted the required fees, bonds, and other documents for approval of the final map Tract 8606. City staff and the City Engineer have reviewed the submissions of the developer and have found that all conditions of approval for Vesting Tentative Map 8489 have been satisfied. The developer has executed a subdivision improvement agreement and has posted a Performance Bond in the amount of $600,000 and a Materials Bond in the amount of $300,000 to guarantee the construction of the public and private improvements.

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The final map and the subdivision improvement agreement are now ready for City Council approval. Recording of the final map and issuance of subsequent permits for construction activity, including permits for the Costco building and Costco gas station, will be at the discretion of the City Engineer.

FISCAL IMPACT
No additional public street improvements are required as part of Tract 8606; therefore, there is no fiscal impact associated with this action.

REVIEW AND APPROVAL
Prepared by - Diana Cangco, Senior Civil Engineer
Reviewed by - Jayson Imai, Assistant City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Final Map Tract 8606
Subdivision Improvement Agreement
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE FINAL MAP AND

SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
8606 – NEWPARK MALL PHASE D1 AND D4 (NEWPARK
MALL, LP) AT 2086 NEWPARK MALL ROAD
WHEREAS, on July 22, 2021, with Resolution No. 11,250, the City Council of the City of Newark approved Vesting Tentative Map 8489 for a phased residential and commercial development on an approximately 73-acre project site at Newpark Mall; and WHEREAS, consistent with the approved Vesting Tentative Map 8489, Newpark Mall, LP submitted to the City for approval the second phase final map of the previously-approved Vesting Tentative Map; and
WHEREAS, City staff and the City Engineer have reviewed the submissions of the subdivider, including the proposed final map, and have found that all conditions of approval for the Vesting Tentative Map have been satisfied, with the exception of the completion of required street improvements; and
WHEREAS, the subdivider wishes to enter into a subdivision improvement agreement and record the final map. The subdivision improvement agreement will require the subdivider to complete the street improvements in a timely manner, and the improvements will be subject to a security as required by the subdivision improvement agreement; and WHEREAS, upon completion of all required street improvements to the satisfaction of the City Engineer, the City will accept the improvements and accept all easements offered for dedication at that time.

NOW THEREFORE, BE IT RESOLVED BY THE City Council of the City of Newark that the City Council does hereby approve the final map and improvement plans for Tract 8606, City of Newark, County of Alameda, State of California, and that the Mayor is authorized and hereby directed to execute a subdivision improvement agreement between the City of Newark and Newpark Mall, LP, for the improvements of said tract.

BE IT FURTHER RESOLVED that the City Council does hereby accept, subject to improvement, all easements offered for public use in conformity with the terms of offer of dedication as shown on the final map for Tract 8606.

BE IT FURTHER RESOLVED that the City Council does hereby approve the Performance Bond in the amount of $600,000 and the Materials Bond in the amount of $300,000 posted by the developer to secure the installation of improvements in accordance with the plans and specifications and the subdivision improvement agreement.

BE IT FURTHER RESOLVED that the recording of the final map and final approval for the start of construction activity for Tract 8606, including issuance of all related construction permits, shall be at the discretion of the City Engineer.

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NEWPARK MALL ROAD PARCEL L
PARCEL A2
PARCEL D1 PARCEL D4
PARCEL A-1 TR8606

VOYAGE DRIVE
N.A.P.

N.A.P.

NEWPARK MALL ROAD

BASIS OF BEARINGS
sandis.net
build on.

SURVEY REFERENCES
0'
1 INCH =
200'100' 400'
200 FT
LEGEND
DETAIL "B"
DETAIL "A"
NOTES
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PARCEL L

EMERGENCY VEHICLE

ACCESS EASEMENT
PARCEL A2
PARCEL D1
PARCEL D4

EMERGENCY VEHICLE

ACCESS EASEMENT

EMERGENCY VEHICLE
ACCESS

EASEMENT

EMERGENCY VEHICLE

ACCESS EASEMENT
=
=

EMERGENCY VEHICLE

ACCESS EASEMENT

EMERGENCY VEHICLE

ACCESS EASEMENT
PARCEL A-1 TR8606
=
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT

BASIS OF BEARINGS

SURVEY REFERENCES
LEGEND
DETAIL "A"
DETAIL "C"
DETAIL "B"

VOYAGE DRIVE

PRIVATE ACCESS EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT
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PARCEL L
PARCEL A2
PARCEL D4

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT
PARCEL A-1 TR8606
PARCEL D1

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT

VOYAGE DRIVE

PRIVATE ACCESS EASEMENT
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT

BASIS OF BEARINGS SURVEY REFERENCES
LEGEND
DETAIL "A"
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PARCEL A-1 TR8606
PARCEL D1

PUBLIC UTILITY

EASEMENT

PARCEL L
PARCEL D4
PARCEL A-1 TR8606
PARCEL A2

VOYAGE DRIVE

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT

BASIS OF BEARINGS

SURVEY REFERENCES
LEGEND
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PARCEL A-1 TR8606 =

PARCEL L
PARCEL A2
PARCEL D1 PARCEL D4

VOYAGE DRIVE

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT

BASIS OF BEARINGS

SURVEY REFERENCES
LEGEND
DETAIL "A"
DETAIL "B"
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PARCEL A-1 TR8606
PARCEL D1
= PARCEL L
PARCEL D4
PARCEL A2

VOYAGE DRIVE

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS EASEMENT
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT

BASIS OF BEARINGS

SURVEY REFERENCES
LEGEND
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Item D. 4.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Senior Civil Engineer
SUBJECT Adopt a resolution approving the final map and subdivision improvement agreement for Tract 8489 – Newpark Mall Phase A (Newpark Mall Phase A Development LLC) at 2086 Newpark Mall Road
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the final map and subdivision improvement agreement for Tract 8489 – Newpark Mall Phase A (Newpark Mall Phase A Development LLC) at 2086 Newpark Mall Road.

The final map for Tract 8489 – Newpark Mall Phase A (Newpark Mall Phase A Development LLC) has been reviewed and found to be in conformance with Vesting Tentative Tract Map 8489 and the conditions of approval. The developer, Newpark Mall Phase A Development LLC, has executed a subdivision improvement agreement and has posted a Performance Bond in the amount of $3,700,000 and a Materials Bond in the amount of $1,850,000 to guarantee the construction of the public and private improvements. The final map and subdivision improvement agreement are now ready for City Council approval.

Approval of final maps associated with Vesting Tentative Map 8489 to facilitate development within the NewPark Place Specific Plan Area will be filed in phases, with Tract 8489 being the first phase of the final map approvals.

DISCUSSION/ANALYSIS
The developer, Newpark Mall Phase A Development LLC, has submitted the required fees, bonds, and other documents for approval of final map Tract 8489. City staff and the City Engineer have reviewed the submissions of the developer and have found that all conditions of approval for Vesting Tentative Map 8489 have been satisfied. The developer has executed a subdivision improvement agreement and has posted a Performance Bond in the amount of $3,700,000 and a Materials Bond in the amount of $1,850,000 to guarantee the construction of the public and private improvements.

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The final map and the subdivision improvement agreement are now ready for City Council approval. Recording of the final map and issuance of subsequent permits and approvals for construction activity will be at the discretion of the City Engineer.

FISCAL IMPACT
No additional public street improvements are required as part of Tract 8489; therefore, there is no fiscal impact associated with this action.

REVIEW AND APPROVAL
Prepared by - Diana Cangco, Senior Civil Engineer
Reviewed by - Jayson Imai, Assistant City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Final Map Tract 8489
Subdivision Improvement Agreement
Packet Page 57
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE FINAL MAP AND

SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
8489 – NEWPARK MALL PHASE A (NEWPARK MALL
PHASE A DEVELOPMENT LLC) AT 2086 NEWPARK MALL
ROAD
WHEREAS, on July 22, 2021, with Resolution No. 11,250, the City Council of the City of Newark approved Vesting Tentative Map 8489 for a phased residential and commercial development on an approximately 73-acre project site at Newpark Mall; and WHEREAS, consistent with the approved Vesting Tentative Map 8489, Newpark Mall Phase A Development LLC submitted to the City for approval the first phase final map of the previously-approved Vesting Tentative Map; and
WHEREAS, City staff and the City Engineer have reviewed the submissions of the subdivider, including the proposed final map, and have found that all conditions of approval for the Vesting Tentative Map have been satisfied, with the exception of the completion of required street improvements; and
WHEREAS, the subdivider wishes to enter into a subdivision improvement agreement and record the final map. The subdivision improvement agreement will require the subdivider to complete the street improvements in a timely manner, and the improvements will be subject to a security as required by the subdivision improvement agreement; and WHEREAS, upon completion of all required street improvements to the satisfaction of the City Engineer, the City will accept the improvements and accept all easements offered for dedication at that time.

NOW THEREFORE, BE IT RESOLVED BY THE City Council of the City of Newark that the City Council does hereby approve the final map and improvement plans for Tract 8489, City of Newark, County of Alameda, State of California, and that the Mayor is authorized and hereby directed to execute a subdivision improvement agreement between the City of Newark and Newpark Mall Phase A Development LLC, for the improvements of said tract.

BE IT FURTHER RESOLVED that the City Council does hereby approve the Performance Bond in the amount of $3,700,000 and the Materials Bond in the amount of $1,850,000 posted by the developer to secure the installation of improvements in accordance with the plans and specifications and the subdivision improvement agreement.

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BE IT FURTHER RESOLVED that the recording of the final map and final approval for the start of construction activity for Tract 8489, including issuance of all related construction permits, shall be at the discretion of the City Engineer.

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PARCEL A
PARCEL A3
N.A.P.

N.A.P.

PARCEL B3 TR8489 N.A.P.
=
=
= =
=
=
=
=
PARCEL A-1 TR8489
=
=
=
sandis.net
build on.
0'
1 INCH =
200'100' 400'
200 FT

NEWPARK MALL
ROAD
LEGEND
DETAIL "A"

BASIS OF BEARINGS

SURVEY REFERENCES
DETAIL "B"
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PARCEL A
PARCEL A-1 TR8489

COMMUNITY DRIVE

EMERGENCY VEHICLE

ACCESS EASEMENT
=
PARCEL A3
PARCEL B3
TR8489
PARCEL B3
TR8489
=
=
=
=
=
=
=

EMERGENCY VEHICLE

ACCESS EASEMENT

NEWPARK MALL ROAD

EMERGENCY VEHICLE

ACCESS EASEMENT
=
=
PARCEL B3
TR8489
PARCEL A-1 TR8489
=
=

PRIVATE ACCESS
EASEMENT = PROMENADE DRIVE
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT
LEGEND

BASIS OF BEARINGS

SURVEY REFERENCES
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PARCEL A

PRIVATE ACCESS

EASEMENT
PARCEL A-1 TR8489
=
PARCEL A3
PARCEL B3
TR8489
PARCEL B3
TR8489
=
=
=
=
=
= =
=

PRIVATE ACCESS

EASEMENT

PRIVATE ACCESS

EASEMENT
=
PARCEL B3
TR8489
PARCEL A-1 TR8489

NEWPARK MALL ROAD

COMMUNITY DRIVE

PRIVATE ACCESS

EASEMENT

PROMENADE DRIVE

PRIVATE ACCESS

EASEMENT
=
=
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT
LEGEND

BASIS OF BEARINGS

SURVEY REFERENCES
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PARCEL A
PARCEL A-1 TR8489
=
=
=
=
=
=
= =
=
PARCEL B3
TR8489
=
=
PARCEL A-1 TR8489
PARCEL A3 =

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS

EASEMENT

COMMUNITY DRIVE

PRIVATE ACCESS

EASEMENT

PROMENADE DRIVE
PARCEL B3 = TR8489
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT
LEGEND

BASIS OF BEARINGS

SURVEY REFERENCES
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PARCEL A
PARCEL A-1 TR8489
=
=
=
=
=
=
=
=
=
PARCEL B3
TR8489
PARCEL A-1 TR8489
PARCEL A3

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS

EASEMENT

PROMENADE DRIVE

PRIVATE ACCESS EASEMENT

COMMUNITY DRIVE
PARCEL B3 = TR8489
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT
LEGEND

BASIS OF BEARINGS

SURVEY REFERENCES
DETAIL "A"
DETAIL "B"
DETAIL "C"
DETAIL "D"
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sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT
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PARCEL A
PARCEL A-1 TR8489
=
=
=
=
=
=
=
=
=
PARCEL B3
TR8489
PARCEL A-1 TR8489
PARCEL A3

PRIVATE ACCESS

EASEMENT

NEWPARK MALL ROAD

PRIVATE ACCESS

EASEMENT

PROMENADE DRIVE

PRIVATE ACCESS EASEMENT

COMMUNITY DRIVE
=
PARCEL B3 = TR8489
NOTES
sandis.net
build on.
0'
1 INCH =
100'50' 200'
100 FT
LEGEND

BASIS OF BEARINGS

SURVEY REFERENCES
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Item D. 5.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Jolie Macias, Captain
SUBJECT Adopt a resolution authorizing the City Manager to execute a contractual services agreement with All City Management Services, Inc. to provide crossing guard services at intersections near schools that are within the jurisdiction of the Newark Unified School District
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council approve a resolution authorizing the City Manager to execute a contractual services agreement (CSA) with All City Management Services, Inc. (ACMS) to provide crossing guard services for Newark Unified School District (NUSD) schools for the 2022-2023 school year.

BACKGROUND
The City of Newark has maintained an agreement with ACMS to provide for school crossing guard services at Newark Unified School District schools since August 2011.

On August 25, 2021, the City approved an amendment agreement for the extension of school crossing guard service through June 30, 2022. The NUSD 2022-2023 school year began on August 10, 2022, for in person student attendance. Although crossing guard services were provided, a renewal of the crossing guard services agreement was not executed prior to the beginning of the 2022/2023 school year due to an inadvertent administrative oversight. The attached updated agreement with ACMS for the 2022-2023 school year commenced on July 1, 2022, and ends June 30, 2023.

DISCUSSION/ANALYSIS
According to ACMS, as a result of the COVID-19 pandemic, high staff turnover has resulted in increased wages which have also been necessary to address inflation and competitive wages offered in similar markets. Over the past several years, ACMS experienced a tremendous growth in advertising and recruitment costs, which has contributed to the increase in billing rates. This year, ACMS crossing guard hourly rate of $28.56 will increase by 12% to $32.08 for the 2022-2023 school year. The projected and "not to exceed" amount" listed in the service agreement to provide school crossing guard services this school year is $141,473.00. This is an increase from the 2021-2022 agreement that had a "not to exceed" amount of $124,000.

FISCAL IMPACT
Packet Page 86
Funding for this service agreement in the amount of $141,473.00 in General Fund was included in the fiscal year 2022/2023 Police Department budget for the purpose of providing crossing guard services to the Newark Unified School District.

REVIEW AND APPROVAL
Prepared by - Gina L. Anderson, Chief of Police
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
ACMS CSA 2022-2023
Crossing Guard Resolution
Packet Page 87
1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated July __, 2022 and is between the CITY OF NEWARK (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period which commences on or around August 10, 2022 and ends on June 30, 2023 and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City. Contractor shall update City weekly as to personnel ready to deploy. City agrees to provide site locations for Contractor to then assign and deploy Crossing Guards. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment.

2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.

The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.

3. The City’s representative in dealing with the Contractor shall be designated by the City of Newark.

4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.

The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes of the State of California and the City of Newark.

7. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Newark in which the Services (as defined below) are to be performed pertaining to general pedestrian safety in school crossing areas.

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2 8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.

10. INSURANCE. Contractor 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 Contractor, his agents, representatives, subcontractors, or employees.

A. Verification of Coverage.

Contractor 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. Contractor shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

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

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if Contractor has no owned autos; and
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3 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and C. Minimum Limits of Insurance.

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

Contractor shall maintain limits no less than:

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

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

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

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: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Contractor 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.

E. Claims Made Policies.

For all “claims made” coverage, in the event that Contractor changes insurance carriers Contractor 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 Contractor changes to a new carrier.

F. Wasting Policies.

No policy required by this Section 10 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).

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4 G. Remedies.

In addition to any other remedies City may have if Contractor 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 Contractor’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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or

3. Terminate this Agreement.

H. Acceptability of Insurers.

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

I. Other Insurance Provisions.

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

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

2. Primary Coverage. For any claims related to Services, Contractor’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 Contractor’s insurance and shall not be contribute with it. Contractor’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 SIR may be satisfied by either the named Insured or the City.

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5 6. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subcontractor. All coverages for subcontractors 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 Contractor for City.

8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this Section 10 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.

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

11. 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, Contractor shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Contractor shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 18, hereinbelow) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Contractor’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

12. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Contractor 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 Contractor’s performance of Services, or any negligent or wrongful act or omission of Contractor or Contractor’s officers, employees, agents, or subcontractors. 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.

If it is finally adjudicated that liability was caused by the comparative negligence or willful misconduct of an indemnified party, Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

The duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify.

Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City (such approval not to be unreasonably withheld or conditioned) immediately upon tender to Contractor 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 negligence or willful misconduct by an indemnified party does not relieve the Contractor 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 Contractor asserts that liability is caused in whole or in part Packet Page 92
6 by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole negligence or sole willful misconduct of an indemnified party, Contractor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs arising from the representation of such independent defense counsel.

The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce Contractor’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.

Contractor/Subcontractor’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.

13. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.

14. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.

15. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-two Dollars and Eight Cents ($32.08) per hour, per Crossing Guard during the term. Based on a minimum of eight (8) sites and upon a projected (4,410) hours of service the cost shall not exceed One Hundred Forty-one Thousand, Four Hundred and Seventy-three Dollars ($141,473.00) per year, unless Contractor fails to perform service.

16. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.

17. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 daysnotice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. In no event shall the “not to exceed” amount of this Agreement exceed One Hundred Forty-one Thousand, Four Hundred and Seventy-three Dollars ($141,473.00) per year unless amended pursuant to the terms of this Agreement.

18. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.

19. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party Packet Page 93
7 was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE]
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8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR

City of Newark All City Management Services, Inc.

By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________ Packet Page 95
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AGREEMENT WITH ALL CITY
MANAGEMENT SERVICES, INC. FOR SCHOOL CROSSING

GUARD SERVICES IN AN AMOUNT NOT TO EXCEED
$141,473; AUTHORIZING A SINGLE-SOURCE EXEMPTION
TO THE CITY’S FORMAL BIDDING REQUIREMENTS
WHEREAS, the City of Newark is committed to school safety and has maintained a partnership with the Newark Unified School District; and WHEREAS, critical to this partnership is continuing the pedestrian safety of students and community members surrounding Newark Unified School District schools; and WHEREAS, the City finds that the scope of services described in the Agreement continue to be necessary to enhance safety of school students through school crossing guard services at intersections near Newark schools; and
WHEREAS, All City Management Services, Inc. is the only of school crossing guard services sought that can maintain necessary staffing levels; and WHEREAS, pursuant to the City of Newark Purchasing Rules and Regulations, Section

10.b, formal bidding procedures shall not apply in the event that the City Council makes certain findings and declarations; and
WHEREAS, the City Council, having reviewed and considered the facts related to the purchase of subscription services from All City Management Services, Inc., finds and declares, as set forth below, and as required by the Purchasing Rules and Regulations, that:

1. Formal bids would work an incongruity and would be unavailing in affecting the final results since there is one vendor to provide the necessary staffing as required by the City, and therefore there is no comparable competitive service for which a competitive bid could have been provided; and

2. Formal bids would not produce any advantage to the City since, as stated above, a formal bid would produce only one vendor for the desired service; and WHEREAS, as described above in this Resolution, this proposed agreement with All City Management Services, Inc. is exempt from formal bidding as a sole-source exemption.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that all the foregoing recitals are true and correct and are hereby incorporated as though fully set forth herein.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with All City Management Services, Inc., in the not-to-exceed amount of $141,473, for school crossing guard services.

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BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to take all actions necessary to effectuate the intent of this Resolution.

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Item D. 6.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Brett Oeverndiek, Administrative Analyst
SUBJECT Adopt a resolution authorizing a 3.7% increase to the solid waste collection, recycling and organics services maximum rates for Calendar Year 2023
SUMMARY AND RECOMMENDATION
Republic Services, Inc. provides the City of Newark's solid waste collection, recycling and organics collection services and BLT Enterprises of Fremont, LLC provides the City's waste transfer services. The City's agreements with Republic Services and BLT Enterprises include an annual rate adjustment provision based on a prescribed index-based methodology. Maximum rate limits are set annually by the City using this methodology, with final rates determined by Republic Services. The total proposed rate increase is 3.7% and would be effective January 1, 2023.

Staff recommends that the City Council, by resolution, authorize a 3.7% increase to the maximum limit for rates for solid waste collection, recycling and organics services for Calendar Year 2023.

BACKGROUND
The City of Newark has a contract with Republic Services, Inc. to provide the City's solid waste collection, recycling and organics collection services. This is a 10-year agreement that was signed in 2013. The City also has a contract with BLT Enterprises of Fremont, LLC to provide the City's waste transfer services. This is a 30-year contract that was signed in 2007. The City's agreements with Republic Services and BLT Enterprises include an annual rate adjustment provision. This annual adjustment is called the index-based adjustment and involves applying prescribed formulas to calculate rate adjustments due to changes in specific indices. These indices include:
(1) A Consumer Price Index (CPI) for Garbage and Trash Collection, which was 4.88% for the period between August 2021 and August 2022; (2) A Compressed Natural Gas Service Index which was 14.97% for the same period; and (3) An increase of the disposal costs at the Fremont Transfer Station (BLT), which is estimated at 0.8% for this rate period.

The contract with Republic Services expires in May 2023. Staff will be bringing forward recommendations for solid waste collection, recycling and organics collection services at an upcoming City Council meeting.

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DISCUSSION/ANALYSIS
Maximum rate limits are set annually by the City using the index-based adjustment methodology, with the final rate determined by Republic Services. The total proposed rate increase, after applying the current rate indices listed above, is 3.7%. The proposed rate will be effective on January 1, 2023. Last year's rate increase using the same methodology was 3.3%. The prior year's rate increase from 2020 to 2021 was

2.8%.

The attachment, "New Exhibit L," shows proposed rates for 2023. The majority of residential households (approximately 75%) subscribe to the 32-gallon cart size and will see an increase of $1.36 per month. Approximately 33% of commercial customers use a 3-yard bin. For once-a-week pick-up service, the proposed increase is $14.61 per month. Below is a sample of the difference between the 2022 and 2023 rates:

Service 2022 Rates 2023 Rates Proposed Increase
Residential 32-Gallon
Cart $36.83 $38.19 $1.36
Residential 64-Gallon
Cart $65.23 $67.64 $2.41
Commercial 3 Yd/ 1
per week $394.85 $409.46 $14.61
Commercial 2 Yd/ 2
per week $569.73 $590.81 $21.08
The maximum limit for rates for solid waste collection, recycling and organics services for Calendar Year 2023 are based on the proposed rate increase of 3.7% over Calendar Year 2022.

FISCAL IMPACT
The maximum rate adjustment for Calendar Year 2023 has no direct fiscal impact on the City of Newark's budget.

REVIEW AND APPROVAL
Prepared by - Brett Oeverndiek, Administrative Analyst
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
New Exhibit L - 2023 Maximum Rates
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING A 3.7% INCREASE TO THE

MAXIMUM LIMIT FOR RATES FOR SOLID WASTE

COLLECTION, RECYCLING AND ORGANICS SERVICES
FOR CALENDAR YEAR 2023
WHEREAS, the Agreement between the City of Newark and Allied Waste Services of North America (Republic Services) for the collection of solid waste and recycling services dated January 15, 2013 provides for an annual rate adjustment effective January 1 of each year; and WHEREAS, the Franchise Agreement with Republic Services includes an annual indexbased adjustment that involves applying prescribed formulas to calculate rate adjustments due to changes in specific indices including Consumer Price Index for garbage and trash collection, a compressed natural gas service index, and an increase in disposal costs at the Fremont Transfer Station; and
WHEREAS, Staff, using the index-based adjustment methodology identified above, determined that the total proposed rate increase is 3.7%.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newark that, in accordance with the Franchise Agreement, dated January 15, 2013, and subsequent amendments, between the City of Newark and Republic Services for solid waste collection, recycling and organics services, and pursuant to the Newark Municipal Code, fees and rates for solid waste collection, recycling and organics services shall not exceed that established in New Exhibit L attached hereto and incorporated herein by reference, which is made a part hereof as though set forth at length;
BE IT FURTHER RESOLVED that any portion of Resolution No. 11,291 setting maximum for fees and rates for solid waste collection, recycling and organics services is hereby rescinded and that if any provisions contained herein are found to be in conflict with provisions of Resolution No. 11,291 or any other previous resolution, the provisions herein shall prevail.

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Schedule E
Maximum Rates Approved by City for Rate Period Ten
(Effective January 1, 2023)
A.
20 GAL 32 GAL 64 GAL 96 GAL
$34.37 $38.19 $67.64 $97.08
$29.21 $32.48 $57.49 $82.50
n/a $22.92 $40.56 $58.20
n/a n/a $9.55 n/a
n/a n/a $5.74 n/a
20 GAL 32 GAL 64 GAL 96 GAL
$51.55 $57.28 $101.47 $145.61
$43.81 $48.68 $86.25 $123.76
n/a $34.38 $60.85 $87.31
n/a n/a $34.38 n/a
n/a n/a $34.38 n/a

NEW EXHIBIT L
All references to Contractor and the Maximum Rates established herein are as a result of City’s contract for collection of garbage, recyclables, and organic materials and shall be deemed Maximum Rates as established by City effective January 1, 2023.

SINGLE-FAMILY CART SERVICE
Single-Family Customers include single-family premises and each unit of a duplex, triplex, townhouse or condominium which receives individual Cart collection services.

CURBSIDE SERVICES

CONTAINER SIZE
(A) Basic Service
Weekly curbside collection of refuse, recyclables and yard waste in containers provided by the Contractor. Customers may select their level of refuse service according to the container options available. All customers will be issued a 64‑gallon container for yardwaste and food scraps collection and a 64-gallon container for recyclables collection. (B) Lifeline and Senior Rates

CONTAINER SIZE
(A) Basic Service
(B) Lifeline/Senior Rate
(C) Extra Solid Waste Cart
(D) Extra Yardwaste Cart
(E) Extra Recyclables Cart
*Backyard services are available for an additional cost. Drivers cannot services containers behind locked gates or structures. Disabled residents may apply for an exemption from the additional fee. (A) Basic Service
(B) Lifeline/Senior Rate
(C) Extra Solid Waste Cart
(D) Extra Yardwaste Cart
(E) Extra Recyclables Cart
*BACKYARD SERVICES
Weekly curbside collection of refuse, recyclables and yard waste in containers provided by the Contractor. Customers may select their level of refuse service according to the container options available. All customers will be issued a 64‑gallon container for yardwaste and food scraps collection and a 64-gallon container for recyclables collection. These rates will be available for eligible, low-income customers demonstrating that they receive assistance under PG&E’s Low Income Rate Payer Assistance program. These rates will also be available for senior citizens, age 65 and above. (C,D,E) Additional Containers
Customers may subscribe to additional weekly refuse, yard waste or recycling service by requesting one or more extra Carts in the sizes listed above.

Page 1 of 5 ends

Packet Page 101
Schedule E
Maximum Rates Approved by City for Rate Period Ten

NEW EXHIBIT L
B.
1X 2X 3X 4X 5X 6X
32-Gallons Refuse $29.08 $59.32 $90.71 $123.27 $157.01 $191.90 64-Gallons Refuse $51.47 $104.99 $160.56 $218.22 $277.93 $339.66 96-Gallons Refuse $73.86 $150.66 $230.43 $313.14 $398.80 $487.43 32-Gallons Recyclables $14.53 $29.65 $45.38 $61.64 $78.51 $95.96 64-Gallons Recyclables $25.72 $52.49 $80.29 $109.10 $138.96 $169.85 96-Gallons Recyclables $36.94 $75.34 $115.23 $156.58 $199.39 $243.72 32-Gallons Yardwaste $21.81 $44.49 $68.04 $92.47 $117.75 n/a 64-Gallons Yardwaste $38.59 $78.75 $120.42 $163.66 $208.43 n/a 96-Gallons Yardwaste $55.40 $113.00 $172.81 $234.84 $299.12 n/a C.
1X 2X 3X 4X 5X 6X
$154.77 $315.64 $482.89 $656.03 $835.74 $1,021.23
$289.62 $590.81 $791.52 $1,227.97 $1,563.94 $1,911.47
$409.46 $762.96 $1,116.64 $1,637.79 $2,047.24 $2,456.66 $536.53 $1,007.98 $1,479.63 $2,146.12 $2,682.66 $3,219.16 $801.76 $1,509.13 $2,216.37 $3,206.97 $4,008.73 $4,810.47 $919.73 $1,744.93 $2,759.15 $3,678.86 $4,598.55 $5,518.28 1X 2X 3X 4X 5X 6X
$61.91 $126.27 $193.15 $262.42 $334.30 $408.50
$115.87 $236.33 $316.60 $491.19 $625.57 $764.58
$163.77 $305.18 $446.66 $655.11 $818.88 $982.66
$214.62 $403.20 $591.86 $858.46 $1,073.07 $1,287.66
$320.70 $603.65 $886.54 $1,282.79 $1,603.50 $1,924.19
$367.90 $697.96 $1,103.66 $1,471.54 $1,839.43 $2,207.31 1X 2X 3X 4X 5X 6X
$116.07 $236.74 $362.15 $492.04 $626.80 $0.00
$217.22 $443.11 $593.63 $920.98 $1,172.93 $0.00
$307.09 $572.25 $837.47 $1,228.34 $1,535.41 $0.00
*Customer owned front-load refuse compactors will be charged 2 times the refuse bin rates listed in the above table. **Customer owned front-load recycling compactors will be charged 50% of the refuse bin rates listed the above table.

YARD WASTE BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
7 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container
7 cubic yard container
RECYCLING BINS**
Multi-Family Customers include any Residential premises (other than Single-Family Premises), which have centralized collection services. Each unit of a duplex, triplex, townhouse or condominium that receives individual collection services is considered a Single-Family Premises and charged Single-Family Rates.

CART SIZE MATERIAL

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container

COLLECTIONS PER WEEK

MULTI-FAMILY FRONT-LOAD BIN AND COMPACTOR SERVICE
Multi-Family Customers include any Residential premises (other than Single-Family Premises), which have centralized collection services. Each unit of a duplex, triplex, townhouse or condominium that receives individual collection services is considered a Single-Family Premises and charged Single-Family Rates.

REFUSE BINS*

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container

MULTI-FAMILY CART SERVICE

Page 2 of 5 ends

Packet Page 102
Schedule E
Maximum Rates Approved by City for Rate Period Ten

NEW EXHIBIT L
D.
1X 2X 3X 4X 5X 6X
32-Gallons Refuse $29.08 $59.32 $90.71 $123.27 $157.01 $191.90 64-Gallons Refuse $51.47 $104.99 $160.56 $218.22 $277.93 $339.66 96-Gallons Refuse $73.86 $150.66 $230.43 $313.14 $398.80 $487.43 32-Gallons Recyclables $14.53 $29.65 $45.38 $61.64 $78.51 $95.96 64-Gallons Recyclables $25.72 $52.49 $80.29 $109.10 $138.96 $169.85 96-Gallons Recyclables $36.94 $75.34 $115.23 $156.58 $199.39 $243.72 32-Gallons Yardwaste $21.81 $44.49 $68.04 $92.47 $117.75 n/a 64-Gallons Yardwaste $38.59 $78.75 $120.42 $163.66 $208.43 n/a 96-Gallons Yardwaste $55.40 $113.00 $172.81 $234.84 $299.12 n/a E.
1X 2X 3X 4X 5X 6X
$154.77 $315.64 $482.89 $656.03 $835.74 $1,021.23
$289.62 $590.81 $791.52 $1,227.97 $1,563.94 $1,911.47
$409.46 $762.96 $1,116.64 $1,637.79 $2,047.24 $2,456.66 $536.53 $1,007.98 $1,479.63 $2,146.12 $2,682.66 $3,219.16 $801.76 $1,509.13 $2,216.37 $3,206.97 $4,008.73 $4,810.47 $919.73 $1,744.93 $2,759.15 $3,678.86 $4,598.55 $5,518.28 1X 2X 3X 4X 5X 6X
$61.91 $126.27 $193.15 $262.42 $334.30 $408.50
$115.85 $236.33 $316.60 $491.19 $625.57 $764.58
$163.77 $305.18 $446.66 $655.11 $818.88 $982.66
$214.62 $370.16 $591.86 $858.46 $1,073.07 $1,287.66
$320.70 $603.65 $886.54 $1,282.79 $1,603.50 $1,924.19
$367.90 $697.96 $1,103.66 $1,471.54 $1,839.43 $2,207.31 1X 2X 3X 4X 5X 6X
$116.07 $236.74 $362.15 $492.04 $626.80 $0.00
$217.22 $443.11 $593.63 $920.98 $1,172.93 $0.00
$307.09 $572.25 $837.47 $1,228.34 $1,535.41 $0.00
*Customer owned front-load refuse compactors will be charged 2 times the refuse bin rates listed in the above table. **Customer owned front-load recycling compactors will be charged 50% of the refuse bin rates listed the above table. 3 cubic yard container
6 cubic yard container
7 cubic yard container
YARD WASTE BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
RECYCLING BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container
7 cubic yard container

COMMERCIAL FRONT-LOAD BIN AND COMPACTOR SERVICE
REFUSE BINS*

COLLECTIONS PER WEEK

COMMERCIAL CART SERVICE

CART SIZE MATERIAL

COLLECTIONS PER WEEK

Page 3 of 5 ends

Packet Page 103
Schedule E
Maximum Rates Approved by City for Rate Period Ten

NEW EXHIBIT L
F.
1X 2X 3X 4X 5X 6X
$148.99 $303.85 $464.85 $631.52 $804.50 $983.07
$278.80 $568.74 $761.94 $1,182.11 $1,505.51 $1,840.08
$49.54 $101.06 $154.56 $210.07 $267.53 $326.97
G.

Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

2.0 $544.25 n/a n/a

2.0 $544.25 $272.11 $408.16

3.0 $687.90 $343.96 $515.94

5.0 $975.26 $487.64 $731.45

6.0 $1,118.93 $559.48 $839.21
n.a. $143.70 $86.13 $86.13
Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

1.2 $473.83 $236.92 $355.36

3.0 $947.66 $473.83 $710.75

4.0 $1,263.53 $631.75 $947.66

5.0 $1,579.41 $789.72 $1,184.57

6.0 $1,895.30 $947.66 $1,421.48
35 cubic yard Compactor 7.0 $2,211.20 $1,105.62 $1,658.39

8.0 $2,527.08 $1,263.53 $1,895.30
n.a. $143.70 $86.13 $86.13
If tonnage collected is greater than the tonnage limit listed in the above table, contractor may charge for tonnage in excess of the tonnage limit at the per-ton rate specified.

MATERIAL BASE RATE

PER PICK-UP

PER TON
RATE*
Dirt $345.06 $57.37
Concrete $345.06 $57.37
Wood $345.06 $81.95
Wood $345.06 $81.95
Wood $345.06 $81.95
Wood $345.06 $81.95
Recyclable C&D $345.06 $113.24
Recyclable C&D $345.06 $113.24
Recyclable C&D $345.06 $113.24
Recyclable C&D $345.06 $113.24
*Contractor will charge customer for actual tonnage collected at the per-ton rate listed in the above table. 20 cubic yard Drop Box
30 cubic yard Drop Box
40 cubic yard Drop Box
40 cubic yard Drop Box
14 cubic yard Drop Box

DROP BOX SIZES
6 cubic yard Drop Box
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box
30 cubic yard Drop Box
20 cubic yard Compactor
25 cubic yard Compactor
30 cubic yard Compactor
40 cubic yard Compactor
Excess Tonnage Rate

CONSTRUCTION AND DEMOLITION DEBRIS BOX SERVICE
30 cubic yard Drop Box
40 cubic yard Drop Box
Excess Tonnage Rate

CUSTOMER-OWNED

COMPACTORS
6 cubic yard Compactor
15 cubic yard Compactor

DROP BOX CONTAINERS AND COMPACTOR SERVICES

DROP BOX SIZES
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box

COMMERCIAL ORGANIC SERVICES & RATES
REFUSE BINS* COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
32 or 64 Gallon Commercial

Page 4 of 5 ends

Packet Page 104
Schedule E
Maximum Rates Approved by City for Rate Period Ten

NEW EXHIBIT L
I.

RATE
$13.76
$13.76
$103.36
$103.36
$68.89
$41.32
$172.26
$117.14
$27.56
$27.56
$34.31
$17.15
$25.73
$41.32
$13.76
$117.14
$27.56
$27.56
$32.50
$89.59
$117.14
$117.14
$143.70
$86.13
$86.13
$41.32

1.50%
$41.32
Restart charge after 120-days late and service reduction Late charge after 60-days past due
Insuffucient funds charge
Drop box placement charge
Drop box relocation charge
Drop box cancellation service
Drop box overage charge - Refuse (For Each Ton In Excess of Limits) Drop box overage charge - Recyclables (For Each Ton In Excess of Limits) Drop box overage charge - Yardwaste (For Each Ton In Excess of Limits) Bin Lock Installation (new lock) per container, per occurrence Overage charges Per-Cubic-Yard Rate, per occurrence
Container relocation charge per container, per occurrence Push/pull charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Lock/unlock charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Daily drop box demurrage charge (rental charge if customer keeps Box longer than 7-days without pick-up or return)
Hourly Trip Charge (if driver must return due to Customer/Generator error, such as failure to place Container at point of Collection before Collection time, overfilled Container, incorrect Container placement, contaminated materials) Push/pull charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Lock/unlock charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Extra refuse bin collection (per cubic yard rate per pick-up) Extra recycling bin collections (per cubic yard rate per pick-up) Extra yard waste bin collections (per cubic yard rate per pick-up) Extra On-Call Bulky Cleanup (more than three per year)
Cart replacement cost (more than once per year)
Cart delivery/pick-up (more than once per year)
Lost lock per container, per occurrence
Steam cleaning Bin/Cart (charge per visit)

ADDITIONAL SERVICES & RATES

ADDITIONAL SERVICES
Cost of pre-paid solid waste overage bags
Cost of pre-paid yardwaste overage bags

Page 5 of 5 ends

Packet Page 105
Item F. 1.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Administrative Analyst
SUBJECT Presentation of the 2021 Community Survey Results SUMMARY AND RECOMMENDATION
Staff recommends that the City Council receive the presentation on the 2021 Community Survey Results. This item is informational only.

BACKGROUND
In fall 2021, staff developed and conducted a community survey to obtain a better understanding of community satisfaction with City services, safety and quality of life (home or business). The survey was offered online and by phone in both Spanish and English. It was advertised in the Newark News (the City's quarterly newsletter mailed to every Newark address), on the City's website, and through various social media channels and list serves managed by the City Manager's Office, Police Department, and Recreation and Community Services Department. In addition, a postcard specifically requesting survey participation was mailed to every Newark address in an effort to reach residents, business owners, and other organizations' interests. The responses were anonymously collected over a six-week period.

DISCUSSION/ANALYSIS
The City received a total of 658 survey responses. After the survey data was compiled, the City's leadership team reviewed and discussed the survey results. Each department was then tasked with interpreting the results that pertained to their service areas and developing plans to address areas of concern or dissatisfaction. The most common issues raised by survey respondents are not unique to Newark. They are regional issues such as homelessness, road conditions, and vehicle related crimes.

Overall, survey respondents positively evaluated many aspects of service in Newark.

The survey was intended to be a tool to assess general, community satisfaction and the results indicate the community is generally satisfied with the City's overall service.

The information collected in the 2021 community survey may be used as a baseline or point of reference for future surveys. Conducting the survey in-house kept costs low; however the data was not obtained through a scientific process. Rather, the information simply provides the City with a snapshot in time of general satisfaction of City services and community concerns. Staff may explore the option of using a Packet Page 106
third-party consultant to conduct future surveys using a scientific assessment process to obtain community opinion that can be used for City planning, budget, prioritization and performance measurement purposes.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Administrative Analyst
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Community Survey 2021_final
Packet Page 107
2021
Community
Survey
Packet Page 108
• Postcards were mailed to all residents
and businesses in Newark in early
September
• Postcards provided a QR code to the
survey
• Live survey was available in both
Spanish and English
• Survey responses were collected
anonymously
• Survey was open for approximately 6
weeks, and we received a total of 658
responses
Survey
Methodology
Packet Page 109
Survey Goals
• Provide an opportunity to receive
feedback on City services
• Identify the top areas of concern in
the community
• Gauge the overall satisfaction level
from the community
Survey
Goals
Packet Page 110
Unsatisfactory
17%
Satisfactory
37%
Pleasant
34%
Went above and
beyond
12%
If you did interact with City staff, would you say your interaction was Packet Page 111
Unsatisfactory
25%
Satisfactory
62%
Very satisfactory
13%
How would you rate garbage and recycling services in the City? Packet Page 112
Unsatisfactory
35%
Satisfactory
Very Satisfactory
8%
How would you rate the overall cleanliness of the City
(including parks, streets, and buildings)?
Packet Page 113
How would you describe the ease of travel throughout the City? Unsatisfactory
186
Satisfactory
146
No need
Insufficient
Sufficient
Sidewalk/Crosswalk
Conditions
Insufficient
132
No need
139
Sufficient
82 Unsatisfactory
257
Satisfactory
191
Road Conditions Public Transportation
Packet Page 114
Not happy
32%
Somewhat
happy
36%
Happy
28%
Very happy
4%
Are you happy with planning, code enforcement,
and economic development services the City provides?
Packet Page 115
Not happy
7%
Somewhat
happy
29%
Happy
54%
Very happy
10%
Are you happy with the animal licensing, business licensing, payment options and other financial services the City provides? Packet Page 116
Unsatisfied
6%
Satisfied
63%
Very satisfied
31%
If you did participate in a recreation program,
how satisfied were you with the program(s)?
Packet Page 117
Unsatisfied
1%
Somewhat
satisfied
7%
Satisfied
63%
Very Satisfied
29%
Are you satisfied with the overall services provided
by Alameda County Fire Department?
Packet Page 118
Unsatisfied
9%
Somewhat
satisfied
25%
Satisfied
52%
Very satisfied
14%
Are you satisfied with the overall services provided
by the Police Department?
Packet Page 119
Unsafe
8%
Somewhat safe
35% Safe
45%
Very safe
12%
How safe do you feel living, working,
or owning a business in Newark?
Packet Page 120
If you could describe Newark, what would you say?
Packet Page 121
Now what?
With feedback,
comes action!
Packet Page 122
Top Areas of Concern
• Homelessness
• Crime
• Illegal fireworks
Packet Page 123
Homelessness
Concerns
• Homeless health concerns
• Encampments
• Street debris near
encampments
• City Council’s Adoption of the Alameda
County Home Together Plan
• New staff committee was created in 2021
to address homelessness concerns
• Launch of Homelessness Response &
Resources webpage
• Increased coordination with CalTrans and
CHP to clean up off ramps
• Affordable Housing Work Plan & Cedar
Community Apartments (Homekey
Project)
Packet Page 124
Crime Activity
Concerns
• Car theft
• Sideshows
• Mail/package theft
• Break-ins
• Trespassing
• Shoplifting
• New City Council approved Crime
Analyst position
• Crime Prevention Through
Environmental Design (CPTED)
• Community Watch Groups
• Implementation of new crime
fighting technology
Packet Page 125
Sideshows are a
growing concern in
Newark, and
neighboring
communities.
• Submitted grant application for
Selective Traffic Enforcement
Program (STEP) through OTS to
help support ongoing efforts.
• Traffic Unit conducts ongoing
officer training
• Partner with other local agencies
when a known event is happening
Packet Page 126
Illegal Fireworks
In March of 2022, City Council
adopted a social host ordinance.

Property owners are liable for illegal
fireworks occurring at their property
or social gathering.

Violation of the ordinance allows the
City to issue a fine up to $1,000.

Packet Page 127
Ease of travel
throughout
the City
• Vehicular Traffic
• Traffic Analysis
• Revisit truck routes
• Bike Safety
• Bike lanes
• Sidewalks
• Sidewalk repair program
Packet Page 128
Public
Communication
• Launched TextMyGov
• Updates to TRAKiT, the City’s permit
tracking software
• Increased online presence including
social media
• Provide more financial information on
City’s website
• Updated Recreation Department’s highdemand webpages
Packet Page 129
Next Steps
• Complete survey again in 2023
• Use new communication tools to
better update the community
• Provide several opportunities for
public input
• Continue to prioritize efforts to
address affordable housing &
connect residents with resources
Packet Page 130
Questions?
Packet Page 131
Item F. 2.

DATE 10/27/2022
TO Honorable Mayor and City Council Members
FROM Jolie Macias, Captain
SUBJECT Information regarding the Newark Police Department automated license plate reader (ALPR) program and opportunity for public comment
SUMMARY AND RECOMMENDATION
On June 9, 2022, the City Council approved a subscription service agreement with Flock Group, Inc. (“Flock Safety”) to install 20 Automated License Plate Reader (ALPR) cameras at vehicular entrances and exits to the city. A copy of the resolution is attached. The Newark Police Department has had an ALPR program and policy in place since 2009. State law requires that a public agency that operates or intends to operate an ALPR system provide an opportunity for public comment at a regularly scheduled public meeting. The addition of citywide ALPR cameras to the existing program provided an opportunity to review and update the policy, and an opportunity for additional public comment before updating the policy and program.

This report is informational only, no action is required.

BACKGROUND
On June 9, 2022, the City Council approved separate, complementary subscription service agreements with technology vendors Peregrine Technologies, Inc. (“Peregrine) and Flock. Peregrine Technologies software integrates police department data assets into one single platform to analyze data, produce meaningful reports, and aid in police investigations. The agreement with Peregrine is in the amount of $300,000 payable in three annual payments of $100,000. The agreement with Flock Safety is for installation of 20 ALPR cameras at the vehicular entrances and exits to the city and is in the amount of $164,500, payable in the amount of $112,000 for years one and two, plus $52,500 for year three.

In the June 9, 2022 staff report, it noted that Newark’s first ALPRs were purchased in 2011. After further research, it was determined that the first ALPR purchase was actually in 2009. The original vendor went out of business in 2011 and the original three vehicle-mounted ALPRs were replaced in 2013.

On October 6, 2015, Senate Bill 34 (SB34) was signed into law by the Governor. This bill requires a public agency that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of Packet Page 132
provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. Since the passing of this bill, two ALPR purchases were made and approved by City Council in April and September of 2018. No comments were made by the public regarding either purchase. The City of Newark currently owns and operates trailer-mounted and fixed ALPR cameras from PIPS Technology and V5. The V5 fixed ALPR cameras were added to the ALPR program in November of 2018.

With the recent approval of Flock fixed-mounted ALPR cameras, there are now three different equipment vendors used by the City that make up the overall ALPR program.

The Flock agreement calls for installation of 20 fixed cameras at all vehicular entrances and exits to the City, which is an expansion of the existing program. Although ALPRs are not a new program, staff recommends providing an opportunity for public comment regarding the updated policy.

DISCUSSION/ANALYSIS
The Flock Automated License Plate Reader (ALPR) camera system will capture date, time, and location of vehicle license plates. License plates and the back portion of the vehicle is captured in a still image and no video is recorded. This data is then compared with a national law enforcement Criminal Justice Information Services (CJIS) database to determine if the vehicle is stolen, associated to a missing person, or wanted as evidence in a serious felony investigation.

If a match is made, the system immediately provides a mobile notification alert to the officers’ in-vehicle Mobile Dispatch Computer (MDC) and to the Communications Center with the vehicle information and last captured ALPR location. Police employees then verify the information received in the alert through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action to ensure the stated reason for the alert is still valid. To verify the alert, the license plate is entered into CLETS to determine if it is still listed as wanted for a specific reason such as stolen vehicle, association with a wanted person, missing person, domestic violence protective order violation, or terrorist-related activity.

Access to ALPR data is restricted to employees with both the need to know and the right to know. When these conditions are met, data will only be used for the following purposes:
•    To locate stolen vehicles, wanted persons, and suspects of misdemeanor and felony crimes.
•    To locate and apprehend individuals subject to arrest warrants •    To locate witnesses and victims of violent crimes
•    To locate missing children, at-risk adults, and elderly individuals, including responding to Amber and Silver Alerts (an emergency notification system for people who are 65 years or older, developmentally disabled or cognitively impaired and have been reported missing).

Within the Flock Safety system, a “hot list” of license plates associated with specific vehicles of interest can be created by police department staff to foster communication Packet Page 133
vehicles of interest can be created by police department staff to foster communication among officers working different shifts. This is like a local BOLO (be on the lookout) that is frequently used as an investigative and intelligence sharing tool when an officer is trying to locate a vehicle that has been identified as associated with a crime. The hot list automates and makes more efficient the BOLO information sharing.

The policy includes the above-mentioned ALPR data access restrictions, operational use to include designation of hot lists, data retention of one year, training requirements, and annual reporting. A clean copy of the policy is attached as well as a red-lined version that shows how the previous policy was modified.

Staff has spent that last several months designing and obtaining permits for all camera locations.

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

REVIEW AND APPROVAL
Prepared by - Jolie Macias, Police Captain
Reviewed by - Gina Anderson, Police Chief
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Policy Draft
Policy red-lined
Packet Page 134
RESOLUTION NO. 11,366

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AGREEMENT WITH FLOCK
GROUP, INC. FOR AUTOMATED LICENSE PLATE READERS
IN AN AMOUNT NOT TO EXCEED $164,500; AUTHORIZING
A SINGLE-SOURCE EXEMPTION TO THE CITY’S FORMAL
BIDDING REQUIREMENTS; AND APPROVING A BUDGET
APPROPRIATION OF $164,500
WHEREAS, the City of Newark has been committed to enhancing technology within the police department that enables staff to provide a higher quality level of service and increased public safety; and
WHEREAS, critical to the police function is investigation of crime and identification of responsible parties; and
WHEREAS, the police department has a need for enhanced investigative capabilities to bring resolution to more cases; and
WHEREAS, the police department has a need to operate efficiently and effectively through the implementation of technology; and
WHEREAS, providing the police department the ability to upgrade its current automated license plate reader (“ALPR”) system will enable the police department to enhance its capabilities and more efficiently provide essential services; and
WHEREAS, Flock Group, Inc. is the sole developer and manufacturer of the ALPR product sought; and
WHEREAS, pursuant to the City of Newark Purchasing Rules and Regulations, Section

10.b, formal bidding procedures shall not apply in the event that the City Council makes certain findings and declarations; and
WHEREAS, the City Council, having reviewed and considered the facts related to the purchase of subscription services from Flock Group, Inc., finds and declares, as set forth below, and as required by the Purchasing Rules and Regulations, that:

1. Formal bids would work an incongruity and would be unavailing in affecting the final results since there is one vendor to provide the necessary equipment as required by the City, and therefore there is no comparable competitive product for which a competitive bid could be provided; and

2. Formal bids would not produce any advantage to the City since, as stated above, a formal bid would produce only a single bid from one vendor for the desired product; or,
Packet Page 135
Resolution No. 11,366 2

3. It is practically impossible to obtain what is required through the formal bidding process, because, as stated above, multiple competitive bids for the desired product cannot be obtained; or

4. The product sought or a significant portion thereof is the subject of a patent and cannot be purchased from any source other than the holder of the patent; and WHEREAS, as described above in this Resolution, this proposed agreement with the Flock Group, Inc. is exempt from formal bidding as a sole-source exemption.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that all the foregoing recitals are true and correct and are hereby incorporated as though fully set forth herein.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with Flock Group, Inc., in the not-to-exceed amount of $164,500, for the procurement of ALPRs.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves a total appropriation of $164,500 for the purchase of ALPRs from Flock Group, Inc. ($164,500 for three years) which will be funded by the Budget Act of 2019 Grant Funds (Fund 234):

From: Description Account Amount
Transfer Out from Budget Act of 2019 234.00.000.000.9999 $164,500 To: Description Account Amount
Flock Contractual Services 110.30.032.320.6221 $164,500 BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to take all actions necessary to effectuate the intent of this Resolution.

Packet Page 136
Resolution No. 11,366 3
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on June 9, 2022, by Vice Mayor Hannon who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Collazo, Vice Mayor Hannon, and Mayor Nagy NOES: None
ABSENT: Council Member Freitas
ABSTAINED: Council Member Bucci
SECONDED: Council Member Collazo
APPROVED:
s/ALAN L. NAGY
ATTEST: Mayor
s/KATHLEEN L. SLAFTER
Deputy City Clerk
APPROVED AS TO FORM:
s/KRISTOPHER J. KOKOTAYLO
City Attorney
Packet Page 137
Policy
462
Newark Police Department
Newark PD Policy Manual
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 1 Automated License Plate Readers (ALPRs)
462.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology.

The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Newark Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.
462.2 POLICY
The policy of the Newark Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 462.3 ADMINISTRATION
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Division Commander. The Administration Division Commander or designee will assign members under his/her command to administer the day-today operation of the ALPR equipment and data. 462.3.1 ALPR ADMINISTRATOR
The Administration Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2 (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
462.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) Employees should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
(g) Designations of hot lists to be utilized by the ALPR system shall be made by the Administration Division Commander or their designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this policy. These sources may include, but are not limited to:
o NCIC Stolen Vehicle files, as available;
o NCIC Wanted persons, as available;
o NCIC Missing or Endangered person files, as available; o NCIC Violent Gang and Terrorist Organization file, as available; o NCIC Sexual Offender;
o Newark records identifying plates associated with criminal activity. 462.5 DATA COLLECTION AND RETENTION
The Administration Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from ALPR systems to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention Packet Page 139
Newark Police Department
Newark PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3 schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.

The only information contained in the ALPR database is the vehicle license plate, a photograph of the vehicle, the location the photograph was taken and the date and time the photograph was taken. The data that is contained in the database is encrypted and does not keep any personal information.
462.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Newark Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis.

For security or data breaches, see the Records Release and Maintenance Policy. 462.7 ACCESS TO ALPR DATA
Access to ALPR data is restricted to employees with both the need to know and the right to know.

When these conditions are met, data can be used for the following purposes:
(a) To locate stolen vehicles, wanted persons, and suspects of misdemeanors and felony crimes.
(b) To locate and apprehend individuals subject to arrest warrants or otherwise lawfully sought by law enforcement.
(c) To locate witnesses and victims of violent crimes.
(d) To locate missing children, at risk missing adults and elderly individuals, including responding to Amber and Silver Alerts.
(e) To protect participants at special events and critical infrastructure.

ALPR data shall not be used to enforce infractions or minor vehicle code violations.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4 462.8 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Administration Division Commander or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 462.9 TRAINING
The Training Manager should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
462.10 REPORTING
An annual report will be completed detailing the use of the ALPR system. The Administration Division Commander will be responsible for completing the report.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 462.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Division Commander. The Administration Division Commander or designee will assign members under his/her command to administer the day-today operation of the ALPR equipment and data. 462.3.1 ALPR ADMINISTRATOR
The Administration Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2 (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
462.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the Employees should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
(g) Designations of hot lists to be utilized by the ALPR system shall be made by the Administration Division Commander or their designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this policy. These sources may include, but are not limited to:
o NCIC Stolen Vehicle files, as available;
o NCIC Wanted persons, as available;
o NCIC Missing or Endangered person files, as available; o NCIC Violent Gang and Terrorist Organization file, as available; o NCIC Sexual Offender;
o Newark records identifying plates associated with criminal activity.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3 462.5 DATA COLLECTION AND RETENTION
The Administration Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles ALPR systems to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.

Published with permission by Newark Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4 (d) To locate missing children , at risk missing adults and elderly individuals, including responding to Amber and Silver Alerts.
(e) To protect participants at special events and critical infrastructure.

ALPR data shall not be used to enforce infractions or minor vehicle code violations. 462.8 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 462.9 TRAINING
The Training Manager should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
462.10 REPORTING
An annual report will be completed detailing the use of the ALPR system . The Administration Division Commander will be responsible for completing the report.

Packet Page 145

Newark City CouncilOctober 27, 2022

Newark City Council
October 27, 2022