AGENDA
Thursday, December 8, 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. Resolution declaring the results of the General Municipal Election of November 8, 2022 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 November 10, 2022, special and regular meeting minutes
3. Motion approving the 2023 Local Appointments List and distribution
4. Adopt a resolution accepting Annual Impact Fee Report for Fiscal Year 2021-2022
5. Adopt resolutions establishing the City Council meeting calendar for 2023 and authorizing
5. Adopt resolutions establishing the City Council meeting calendar for 2023 and authorizing the City Manager to take administrative actions during the August Recess
6. Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Continued Remote Teleconferenced Meetings of the Legislative Bodies of the City of Newark for the 30 Day Period Beginning December 8 Pursuant to AB 361
7. Adopt a Resolution confirming the continued existence of a local emergency due to the COVID-19 Pandemic
E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.
1. Approval of Motion appointing Vice Mayor and Resolution authorizing the Vice Mayor to execute financial documents
2. Adopt a resolution confirming the Mayor's appointments to various agencies, boards, commissions, and committees
H. CLOSED SESSION
I. ADJOURNMENT
HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Assembly Bill 361 (2021). Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube. If you attend the meeting in person, a face covering is recommended but not required.
Mayor Nagy, Vice Mayor Hannon, and Council Members Bucci, Collazo, and Freitas may be attending this meeting via teleconference. Teleconference locations are not open to the public. In the event that any members of the City Council elect to attend this meeting via teleconference, all votes conducted during the teleconferencing session will be conducted by roll call vote.
How to view the meeting remotely:
Livestream online at YouTube: https://www.youtube.com/channel/UC383NGSxaPwZP1lkJbo2T8A Copy/paste the YouTube URL into your browser if the link does not automatically open.
Packet Page 2
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/81385215154 From a telephone dial 1- 669-900-9128, Webinar ID Number 813 8521 5154 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.
Packet Page 3
Item B. 1.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Resolution declaring the results of the General Municipal Election of November 8, 2022 On Tuesday, November 8, 2022, a General Municipal Election was held in the City of Newark (City) for the purpose of electing a Mayor to a two-year term and two City Council Members to four-year seats. The City's election was consolidated with the Statewide General Election conducted by the Alameda County Registrar of Voters (ROV) which was responsible for conducting the canvas of all votes cast and certifying the election results.
As of the publication of this report, December 1, 2022, the official canvas of votes has not been completed by the ROV. California Elections Code requires the ROV to perform a post-election canvass before certifying the final results. The canvass period lasts up to 30 days after an election. During this time, the ROV counts all remaining valid ballots and performs a series of mandated audits to ensure the accuracy and integrity of the election. This includes a manual recount of ballots from a random 1% sample of precincts to ensure that vote tabulation equipment is working accurately.
Staff anticipates receiving the official canvas of the votes by December 8, 2022, and will post/distribute them upon receipt. Based on the unofficial results, Michael K.
Hannon was elected as Mayor for a two-year term and Mike Bucci and Matthew Jorgens were each elected as a member of the City Council for a four-year term.
Section 15374 of the California Elections Code states that, upon the completion of the canvas and before installing the new officers, the legislative body shall adopt a resolution reciting the facts of the election, the total number of ballots cast in the City, the names and offices of each person voted for, and the number of votes cast at each precinct for each candidate.
Action - It is recommended that the City Council, by resolution, declare the results of the General Municipal Election of November 8, 2022, and receive presentations of the administration of the Oath of Office to the Mayor and City Council Members Elect and presentation of the Certificates of Election.
Attachments
Resolution
Packet Page 4
Resolution
Unofficial Results
Packet Page 5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK DECLARING RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, a General Municipal Election was held and conducted in the City of Newark, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that accessible voting locations were properly established, that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and,
WHEREAS, the Registrar of Voters of Alameda County canvassed the returns of the election and has certified the results to this City Council; the results are received, attached, and made a part hereof as “Exhibit A.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the vote by mail election was 20,098
SECTION 2. That the names of persons voted for at the election were as follows:
Mayor: Michael K. Hannon
City Council: Mike Bucci
Matthew Jorgens
SECTION 3. That the number of votes given at the vote by mail election given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure were as listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that:
Michael K. Hannon was elected as Mayor for the full term of two years; Mike Bucci was elected as Member of the City Council for the full term of four years; Matthew Jorgens was elected as Member of the City Council for the full term of four years.
SECTION 5. The City Clerk shall enter on the records of the City a statement of the result of the election showing: (1) the whole number of votes cast in the City, (2) the names of the persons voted for, (3) the measure voted upon, (4) what office each person was voted for, (5) Packet Page 6
Resolution No. 2
the number of votes given at each precinct to each person and for and against the measure, (6) the total number of votes given to each person, and for and against each measure.
SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Packet Page 7
Packet Page 8
Item D. 1.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Approval of Audited Demands
Packet Page 9
Packet Page 10
Packet Page 11
Packet Page 12
Packet Page 13
Packet Page 14
Packet Page 15
Packet Page 16
Packet Page 17
Packet Page 18
Packet Page 19
Packet Page 20
Packet Page 21
Packet Page 22
Packet Page 23
Packet Page 24
Packet Page 25
Packet Page 26
Packet Page 27
Packet Page 28
Packet Page 29
Packet Page 30
Packet Page 31
Packet Page 32
Item D. 2.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of November 10, 2022, special and regular meeting minutes Attachments
Minutes special meeting
Minutes regular meeting
Packet Page 33
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 Minutes
Special Meeting
Thursday, November 10, 2022
6:00 P.M
A. ROLL CALL
Mayor Nagy called the meeting to order at 6:03 p.m. Council Members Collazo, Freitas, Bucci (via Zoom), and Vice Mayor Hannon were noted present.
B. CLOSED SESSION
1. Conference with legal counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Lenz, Travis v. City of Newark (Workers' Compensation Appeals Board Number ADJ 14483854)
No one from the public requested to speak before the City Council went into the Closed Session.
City Attorney Kokotaylo announced that there was no reportable action from the Closed Session.
C. ADJOURNMENT
Mayor Nagy adjourned the meeting at 6:09 p.m.
Packet Page 34
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 Minutes
Thursday, November 10, 2022
7:00 P.M.
A. ROLL CALL
Mayor Nagy called the meeting to order at 7:00 p.m. Present were Council Members Collazo, Freitas, Bucci (via Zoom), and Vice Mayor Hannon.
B. PRESENTATIONS
1. Introduction of employees
Mayor Nagy introduced Alexis Cross, Accounting Assistant II, Brett Oeverndiek, Administrative Analyst, and Alex Tat, Senior Civil Engineer.
C. PUBLIC COMMENT
Namit Saksena requested that the City Council direct staff to redesign the Cherry Street at Mowry Avenue bulb out to improve the flow of traffic. (Presentation on file with City Clerk.)
D. CONSENT CALENDAR
Council Member Collazo moved, Vice Mayor Hannon seconded, to approve Consent Calendar Items D.1 through D.19, 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, 5 AYES.
1. Approval of Audited Demands
Packet Page 35
Page No. 2
City of Newark City Council Minutes November 10, 2022
2. Approval of October 27, 2022 minutes
3. Adopt a resolution confirming the continued existence of a local emergency due to the COVID-19 Pandemic
Resolution No. 11420
4. Adopt a resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Continued Remote Teleconferenced Meetings of the Legislative Bodies of the City of Newark for the 30 Day Period Beginning November 10 Pursuant to AB 361
Resolution No. 11421
5. Motion accepting the Measure GG Transaction and Use Tax Oversight Committee Annual Report for Fiscal Year 2020-2021
Motion approved
6. Adopt a resolution reappointing Jeff Aguilar to the Planning Commission Resolution No. 11422
7. Adopt a resolution accepting public subdivision improvements for Tract 8310 – Bayshores Phase II, an 86-unit residential subdivision generally located on the southeast corner of Hickory Street and Seawind Way in Bayside Newark Resolution No. 11423
8. Adopt a resolution accepting public subdivision improvements for Tract 8085 – Bayshores Phase I, a 213-unit residential subdivision generally located on the west side of Willow Street between Central Avenue and Seawind Way in Bayside Newark
Resolution No. 11424
9. Adopt a resolution authorizing the City Manager to execute Task Order No. 27 to the Joint Powers Agreement with the City of Fremont for Paratransit Services
Resolution No. 11425
Contract No. 09044
Packet Page 36
Page No. 3
City of Newark City Council Minutes November 10, 2022
10. Adopt a resolution adopting a compensation plan for certain positions in the exempt service employee group to amend the Part-Time, Seasonal and Temporary (PST) Classifications Schedule of Hourly Wage Rates, and revoking the previous resolution in conformance with California Code of Regulations, Title 2, Section 570.5
Resolution No. 11426
11. Adopt a resolution approving the Measure D Expenditure Plan and amend the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Years 2022-2023 and 2023-2024
Resolution No. 11427
12. Adopt a resolution approving and authorizing the City Manager to execute the annual Sun Ridge Systems, Inc., Software Support Services Agreement Resolution No. 11428
Contract No. 13013
13. Adopt resolutions to (1) approve an amendment to the classification plan to add the class specification of Principal Civil Engineer; (2) approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan to replace one full-time equivalent Senior Civil Engineer with one full-time equivalent Principal Civil Engineer and authorization for one additional full- time equivalent Associate Civil Engineer; and (3) approve an amendment to the City of Newark Compensation and Benefit Plan for the Management, Supervisory and Professional Employee Group to add the classification of Principal Civil Engineer and assign salary range 17
Resolution No. 11429 Classification Plan
Resolution No. 11430 Biennial Budget
Resolution No. 11431 Compensation and Benefit Plan
14. Adopt a resolution authorizing the City Manager to execute a Software as a Service Agreement with Axero Holdings LLC. to provide annual cloud hosting, security, backup, upgrades and maintenance support services for an intranet, and amending the 2022-2024 Biennial Budget and Capital Improvement Plan to appropriate $29,353.50 in FY2022-2023 for the implementation cost (onetime fee) and year one of the agreement and $21,356.25 in FY2023-2024 for year two of the agreement
Packet Page 37
Page No. 4
City of Newark City Council Minutes November 10, 2022
Resolution No. 11432
Contract No. 22066
15. Adopt a resolution approving Used Oil Payment Program expenditures for Fiscal Year 2022
Resolution No. 11433
16. Adopt a resolution authorizing the purchase of three vehicles for the Newark Police Department directly from auto dealerships with single-source findings Resolution No. 11434
17. Adopt a resolution authorizing the purchase of four Ford Interceptors for the Newark Police Department from Folsom Lake Ford and adopt a resolution authorizing increased not-to-exceed amounts to $136,000 for Lehr Auto Electric and to $20,000 for Classic Graphics under their respective Fiscal Year 2023 Annual Purchase Agreements
Resolution No. 11435 Folsom Lake Ford
Resolution No. 11436 Lehr Auto Electric
18. Adopt a resolution approving and authorizing the City Manager to execute an agreement with Lehr Auto Electric to purchase twenty Police Department mobile data computers and installation of five of the computers Resolution No. 11437
19. Adoption of a resolution authorizing the City Manager to negotiate and enter into a Contractual Services Agreement, in a form approved by the City Attorney, with Universal Building Services and Supply Company for janitorial services for City buildings and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11438
Contract No. 22067
E. PUBLIC HEARINGS
1. Conduct a public hearing and waive second reading and adopt 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 Ordinance No. 539
Packet Page 38
Page No. 5
City of Newark City Council Minutes November 10, 2022
Chief Building Official Farrell gave the staff report recommending approval.
Mayor Nagy opened the public hearing 7:24 p.m.
No one from the public requested to speak.
Mayor Nagy closed the public hearing 7:25 p.m.
Moved by Council Member Freitas, seconded by Vice Mayor Hannon to adopt an ordinance repealing and replacing Chapters 15.02, 15.08, 15.09, 15.10,
15.12, 15.16, 15.17, 15.18, 15.20, 15.22, AND 15.23 of Title 15 “Buildings and Construction” of the Newark City Municipal Code in order to adopt by reference, with modifications to address unique local conditions, the 2022 Editions of the California Building Code, The California Administrative Code, The California Residential Code, The California Green Building Standards Code, The California Mechanical Code, The California Plumbing Code, The California Fire Code, The Electrical Code, The California Historical Building Code, The California Energy Code, and The California Referenced Standards Code. The motion passed, 5 AYES.
F. OTHER BUSINESS
1. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with Group 4 Architecture Research + Planning, Inc. (Group 4) for the development of a Citywide Facilities Master Plan and approving an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11439
Contract No. 22068
Administrative Analyst Gonzalez gave the staff report recommending approval. (Presentation on file with City Clerk).
Andrea Gifford, Group 4 stated that the Citywide Facilities Master Plan would be a collaborative effort with input from the community.
No one from the public requested to speak.
Mayor Nagy suggested that a community event center be considered.
Packet Page 39
Page No. 6
City of Newark City Council Minutes November 10, 2022
Moved by Vice Mayor Hannon with the caveat that the Community Center be included in any reuse or new construction of facilities in the City, seconded by Council Member Collazo to approve a resolution authorizing the City Manager to execute a contractual services agreement with Group 4 Architecture Research + Planning, Inc. and approving an amendment of the Biennial Budget and Capital Improvement Plan to provide additional funding for the Citywide Facilities Master Plan, Project 1274. The motion passed, 5 AYES.
2. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with Gail M. Goldman Associates for the update of the 2001 Public Art Master Plan and approving an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11440
Contract No. 22069
Administrative Analyst Gonzalez gave the presentation recommending approval. (Presentation on file with City Clerk).
Barbara Goldstein, Art Builds Community, described the art project used at local events to capture community input.
No one from the public requested to speak.
Moved by Council Member Collazo, seconded by Vice Mayor Hannon to adopt a resolution authorizing the City Manager to execute a contractual services agreement with Gail M. Goldman Associates and authorizing an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to provide funding for the Public Art Master Plan Update. The motion passed, 5 AYES.
3. Adopt a resolution authorizing the City Manager to execute a contract amendment with R3 Consulting Group, Inc. to assist staff with negotiations for a potential extension of the Franchise Agreement with Republic Services Inc. for solid waste collection services
Resolution No. 11441
Contract No. 22044
Environmental Services Manager Scanlin gave the staff report recommending approval.
Packet Page 40
Page No. 7
City of Newark City Council Minutes November 10, 2022
Rose Radford R3 Consulting Group stated that the Republic Services contract will expire in 2023, based on a survey, the current rates are competitive and customer satisfaction is at 75%. She recommended negotiating with Republic Services, Inc. for a contract extension. (Presentation on file with City Clerk.)
No one from the public requested to speak.
Joe Chui General Manager of the local Republic Services stated that he was looking forward to negotiating a long-term deal with the City.
Mayor Nagy requested that staff investigate the lack of trash containers outside of fast-food locations and overflowing bins in commercial areas.
Council Member Collazo requested a call back option when contacting Republic Services customer service.
In response to Vice Mayor Hannon’s questions, staff will review lien options for uncollected debts, and construction and demolition debris deposits Vice Mayor Hannon requested that Republic Services notify the City of bins that require additional service and proactive replacement or clean-up of containers.
Council Member Bucci requested a cost analysis to open the contract up for bid, he questioned the container lock fees in comparison to the City of Fremont, and stated that customers should not be responsible for illegal dumping if the Republic Services driver failed to lock the bin.
Moved by Vice Mayor Hannon, seconded by Council Member Collazo to adopt a resolution authorizing the City Manager to execute the first amendment to the contractual services agreement with R3 Consulting Group, Inc. for Waste Hauler Franchise Agreement Negotiating Services and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan The motion passed, 5 AYES
4. Adopt a resolution approving the Newark Community Nonprofit Service Organization Grant Program and authorizing an amendment to the 2022-2024 Biennial Budget for FY 2022 to provide American Rescue Plan Act (ARPA) funding of $300,000 for the Community Nonprofit Grant Program Resolution No. 11442
Packet Page 41
Page No. 8
City of Newark City Council Minutes November 10, 2022
Recreation and Community Services Manager Cuevas gave the presentation (Presentation on file with City Clerk).
No one from the public requested to speak.
Vice Mayor Hannon suggested a 60-day application period for the grants.
Moved by Council Member Collazo, seconded by Vice Mayor Hannon to adopt a resolution approving the Newark Community Non-Profit Services Organization Grant Program for Newark Based or Newark Serving Nonprofits and Authorizing a Budget Adjustment To The Biennial Budget 2022-2024 For Fiscal Year 2023 To Fund The Nonprofit Grant Program From The American Recovery Plan Act (ARPA) Revenue. The motion passed, 5 AYES.
5. Transient Occupancy Tax (TOT) Informational Report
Finance Director Lee reviewed the Transient Occupancy Tax (TOT) rate of 10%, its history, and impact on the City budget.
Community Development Director Turner highlighted new hotels, the Marriot AC Hotel at Balentine Drive and Mowry School Road and the Hyatt Place Hotel at John Muir Drive facing Highway 880. He noted that entitlements for the Bayside Willow Hotel expired and a preliminary application for condominiums was submitted.
Sondra Storm and Mark Keller of the Embarcadero Hospitality Group, provided an analysis of the hotel market in Newark. (Presentation on file with City Clerk.) No one from the public requested to speak.
Council Member Collazo stated that more soccer fields were needed to attract tournaments.
Vice Mayor Hannon requested that future presentations include the hotel room volume in comparison communities. He also requested that new hotels consider putting Newark on their building signs.
This item was informational only.
G. CITY COUNCIL MATTERS
Packet Page 42
Page No. 9
City of Newark City Council Minutes November 10, 2022
Council Member Bucci noted that this was Mayor Nagy’s last full meeting. He thanked the voters for re-electing him and congratulated Council Member Hannon who was elected Mayor.
Council Member Freitas thanked Mayor Nagy for his years of service.
Council Member Collazo congratulated Council Members Hannon and Bucci on their election. She thanked Mayor Nagy for his mentorship. She said shop Newark.
Vice Mayor Hannon stated that he was proud of Mayor Nagy’s elected and volunteer service. He thanked veterans and current military members for their service, congratulated Council Member Bucci for his re-election, and shop Newark.
Mayor Nagy congratulated everyone who ran for office. He thanked the veterans noting that we are the home of the free because of the brave. The entire City Council wished everyone a Happy Thanksgiving Holiday.
H. CLOSED SESSION
I. ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:45 p.m.
Packet Page 43
Item D. 3.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Motion approving the 2023 Local Appointments List and distribution Section 54970 et. seq. of the Government Code is commonly known as the Maddy Act or Local Appointments List. Section 54972 requires that on or before December 31 of each year, each legislative body in the state shall cause to be prepared and posted a Local Appointments List of all regular and ongoing boards, commissions, and committees, which are appointed by the legislative body of the local agency. The Local Appointments List is to be made available to the public and must contain the following information:
• A list of all appointive terms, which will expire during the calendar year, with the names of the incumbent appointee, the date of the appointment, and the date the term expires.
• A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body and the necessary qualifications for each position.
Legislation also requires the City to post a copy of the list on its website or designate the public library within its jurisdiction to receive a copy of the list.
The Community Development Advisory Committee and the Measure GG Tax Oversight Committee do not have term expirations in 2023 and are not included on the 2023 Local Appointments List. Members of the City’s Planning Commission, and Senior Citizen Standing Advisory Committee are appointed by the City Council and are on the Local Appointments List. Those terms that expire in 2023 are:
Planning Commission
William Fitts, term expires, December 2023, appointed January 1986 Patricia Pitpitan, term expires, December 2023, appointed September 2022 Senior Citizen Standing Advisory Committee
Kathleen Lemos, term expires April 2023, appointed May 2015 Glen Wickizer, term expires April 2023, appointed May
Eileen McDonald, term expires April 2023, appointed April 2017 Staff recommends that the City Council, by motion: (1) approve the 2023 Local Appointments List, (2) designate the Alan L. Nagy Public Library as the library to Packet Page 44
Appointments List, (2) designate the Alan L. Nagy Public Library as the library to receive a copy of the list, and (3) direct staff to post the Local Appointments List to the City website.
Attachments
Local Appointments List
Packet Page 45
510.578.4266 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
City Clerk’s Office
37101 Newark Boulevard
Newark, CA 94560
CITY OF NEWARK 2023 LOCAL APPOINTMENT LIST*
Appointive Terms Expiring in 2023
Planning Commission
William Fitts, term expires, December 2023, appointed January 1986 Patricia Pitpitan, term expires, December 2023, appointed September 2022 Senior Citizen Standing Advisory Committee
Kathleen Lemos, term expires April 2023, appointed May 2015 Glen Wickizer, term expires April 2023, appointed May
Eileen McDonald, term expires April 2023, appointed April 2017 Qualifications for appointment to City commissions, committees, and boards: Appointees to the Planning Commission, Senior Citizen Standing Advisory Committee, Community Development Advisory Committee, and the Measure GG Tax Oversight Committee must be at least 18 years old and reside in the City of Newark.
Appointees to the Senior Citizen Standing Advisory Committee must be at least 55 years of age at the time of appointment.
*Approved by the Newark City Council 12/8/2022 pursuant to Section 54972 of the California Government Code, the Maddy Act.
Packet Page 46
Item D. 4.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Adopt a resolution accepting Annual Impact Fee Report for Fiscal Year 2021-2022 SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution, accept the Annual Report on Newark Development Impact Fees for Fiscal Year 2021-2022 in accordance with Government Code Section 66006(b). The Annual Impact Fee report is required by State law.
BACKGROUND
Government Code Section 66006(b) requires that any city that has adopted impact fees provide an annual report on fees collected, interest earned, and the status of planned public improvements to be funded with the fees. An impact fee is a fee that is imposed by a local agency on a new or proposed development project to help pay for all or a portion of the costs of providing public services to the new development. Impact fees are considered to be a charge on new development to help fund and pay for the construction or needed expansion of offsite capital improvements.
DISCUSSION/ANALYSIS
The City of Newark has eight impact fees that are collected for construction related projects. The City provides a summary of balances, fees collected and interest earned on those funds. In addition, the annual impact fee report lists any expenses related to each of those impact fee funds. Also, per State law the Annual Report has been made available to any interested parties at least 15 days prior to the City Council meeting.
FISCAL IMPACT
There is no fiscal impact associated with this item.
REVIEW AND APPROVAL
Prepared by - Art Interiano, Deputy Community Development Director Reviewed by - Steven Turner, Community Development Director Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Packet Page 47
Attachments
2022 Annual Impact Fee Report
Draft Resolution
Packet Page 48
1 Annual Report on Newark Impact Fees
July 2021 – June 2022
The Newark City Council adopted eight development impact fees at various timeframes based on nexus studies. State law requires that the city annually publish summary information regarding each fee account established. This annual report was prepared in accordance with these state requirements, as set forth in Government Code Section 66006(b)(1), et seq.
TYPE OF FEE (SEC. 66006(B)(1)(A))
The City of Newark had eight development impact accounts during the 2021-2022 fiscal year, as described below:
1. Public Safety Facilities Fee: This fee provides funding for additional or improved police and fire services for which the need is generated by new development within the city.
2. Community Service Facilities Fee: This fee provides funding for additional or improved governmental, social, and cultural facilities for which the need is generated by new development within the city.
3. Transportation Facilities Fee: This fee provides funding for additional or improved traffic signal, operational, and infrastructure improvements for which the need is generated by new development within the city.
4. Park Impact Fee: This fee provides funding for park land and new improvements.
5. Non-Residential Development Housing Impact Fee: This fee provides funding to increase and improve the supply of housing affordable to households of very low, low, and moderate incomes for which the need is generated by new commercial and industrial development within the city.
6. Residential Housing Impact Fee: This fee provides funding to increase and improve the supply of housing affordable to households of very low, low, and moderate incomes for which the need is generated by new residential development within the city.
7. Community Development Maintenance Fee: This fee provides funding to update and implement the Newark General Plan and Zoning Ordinance, which is needed by all new development within the city.
8. Art in Public Places: This fee was established for the purpose of promoting and the creation of arts in public places and private development in key areas of the city.
AMOUNT OF FEE (SEC. 66006(B)(1)(B))
The amounts of the first three fees listed above were established in 2017 by Resolution No.10,633, 10,634 and 10,635. The Art in Public Place was established in 1992 by Resolution 6583. The Park Impact Fee was established by Resolution No. 10,132 and amended by Packet Page 49
2 Resolution 10,505. The amounts in effect at the time this report was conducted are shown in the Table 1 below.
Table 1
Amount of Fee
Land Use Category
Public Safety
Facilities
Community Service
Facilities
Transportation
Facilities
Park
Impact
Art in
Public
Places
Total
Single-Family Residential
(per unit) $4,222 $2,827 $6,084 $30,580 $270 $43,983
Multi-Family Residential
(per unit) $2,533 $1,414 $3,772 $22,018 $270 $30,007
Townhome (per unit) $4,222 $2,827 $3,163 n/a $270 $10,482 Commercial
(per sq. ft.)
$0.74 $1.05 $5.39 n/a $0.26 $7.44
Office
(per sq.ft.)
$0.74 $1.05 $5.39 n/a $0.38 $7.56
Manufacturing/Research
and Development
(per sq. ft.)
$0.31 $0.23 $2.95 n/a $0.41 $3.90
Warehousing/Distribution
(per sq. ft.)
$0.61 $0.44 $5.89 n/a $0.21 $7.15
The amounts of the Non-residential Development Housing Impact fee were established in Resolution No. 8802 and are adjusted each year by the percentage change in the Engineering News-Record’s Building Cost Index, or a similar index designated by the City Manager. The fee amounts for FY21-22 are shown in the table below.
Table 2
Land Use Category Amount of Non-Residential Development Housing Impact Fee Commercial (per sq. ft.) $4.40
Industrial (per sq. ft.) $0.83
The Residential Housing Impact Fee was established by Ordinance No. 10184 and is set at $24.51/square foot for the first 1,000 square feet of floor area per dwelling unit and $9.82/square foot for all square footage over 1,000 square feet per dwelling unit.
The amount of the Community Development Maintenance Fee was established by Ordinance No. 441 and is set at 0.5% of the construction valuation as determined for a building permit.
BEGINNING AND ENDING BALANCES OF FUNDS (SEC. 66006(B)(1)(C)) The beginning and ending balances of each of the fee accounts are shown in the table below.
The ending balance was arrived at by adding the fees collected and interest earned to each account, and then subtracting the expenditures. Information on fees collected, interest earned and expenditures for each account is presented in later sections of this report.
Packet Page 50
3 Table 3
Balances
Public Safety
Facilities
Community
Service
Facilities
Transport.
Facilities
Park Impact Housing
Impact
Community
Development
Maintenance
Art In Public
Places
Beg. Bal.
(7/1/21) 4,831,844.69 5,700,428.02 10,832,241.79 3,632,691.12 34,535,772.71 4,125,576.37 1,848,984.08 End. Bal.
(6/30/22) 634,587.30 496,511.45 11,804,611.47 5,445,118.49 40,888,509.32 4,294,172.71 1,915,912.02 FEES COLLECTED AND INTEREST EARNED (SEC. 66006(B)(1)(D)) Table 4 below shows the amount of fees collected and interest earned.
Table 4
Balances
Public Safety
Facilities
Community
Service
Facilities
Transp.
Facilities
Park
Impact
Housing
Impact
Community
Development
Maintenance
Art In
Public
Places
Fees
Collected 630,621.88 492,351.67 946,060.58 1,799,853.57 6,278,542.06 552,931.67 62,634.60 Interest
Earned 3,965.42 4,159.78 26,309.10 11,879.80 93,076.55 9,413.70 4,293.34 EXPENDITURES (SEC. 66006(B)(1)(E))
For this section, state law requires an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. This information is provided in the table below.
Table 5
Improvement Fee Used
Amount of Fees
Expended
Percent of Cost Funded by
Fees to Date
Administrative Costs CD $343,916.99 100%
Civic Center Finance Costs PS & CS $10,532,272.70 100%
Old Town Urban Design & Development
Strategy
CD $37,592.58 100%
General Plan-Housing Element Update CD $149,834.59 100% Rail Road Quiet Zone Study CD $20,387 100%
HMIS Match HIF $2,902 100%
Consultant for City-Wide Affordable
Housing Strategy
HIF $15,980 100%
Packet Page 51
4 CONSTRUCTION COMMENCEMENT DATE (SEC. 66006(B)(1)(F))
For this section, state law requires an identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
The following projects have commenced or are expected to commence during the current fiscal year:
Public Safety Facilities
- No additional projects are planned at this time other than previously planned expenditures on the New Civic Center project.
Community Service Facilities
- No additional projects are planned at this time
Transportation Facilities
- Cherry Street Class IV Separated Bikeway Project
Park Impact Fee
- Citywide Parks Signage Program – Phase 1
- Mel Nunes Sports field Park Softball Outfield Net Replacement - Mel Nunes Sports field Park Synthetic Turf Fields Additional Fencing - MacGregor Fields Cricket Pitch
Housing (Residential & Non-Residential)
- Consultant for City-Wide Affordable Housing Strategy (Policies, Program & Production)
- County Homeless Management Information System support fee - Affordable Housing Notice of Funding Opportunity – Release of a Request for Proposals for the Development of Affordable Housing utilizing $12 million from the Housing Impact Fee fund
Community Development Maintenance
- Old Town Urban Design Study and Implementation Strategy - General Plan Housing Element Update
- Citywide Facilities Master Plan
- Sanctuary Park Conceptual Design and Parks Master Plan Amendment Art in Public Places
-Art in Public Places Master Plan
INTERFUND TRANSFERS AND LOANS (SEC.66006(B)(1)(G)
-There were two transfers out of accounts for Public Safety and Community Service that were applied to the Civic Center project, as listed below:
• PS- $$4,831,844.69
• CS- $5,700,428.02
AMOUNT OF REFUNDS (SEC. 66006(B)(1)(H))
There were no refunds made during fiscal year 2021-2022.
Packet Page 52
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK APPROVING AB1600 DEVELOPMENT IMPACT FEE REPORTS FOR THE FISCAL YEAR 2021-22
AND MAKING CERTAIN FINDINGS RELATED THERETO
WHEREAS, pursuant to its authority under Government Code 66000 et. seq., the City previously adopted eight fees on new development projects within the City in order to mitigate the impacts of new developments on public services and facilities in the City (each a “Fee”); and WHEREAS, at the time the Fees were adopted, the City adopted a report for each fee that demonstrated a reasonable relationship between the Fee and the purpose for which it is charged; and
WHEREAS, pursuant to California Government Code Section 66006 (“AB 1600”), the City is required to prepare an annual report providing the following information about each Fee:
1. A brief description of the type of fee;
2. The amount of the fee;
3. Beginning and ending balances of the fees;
4. Total fees collected and interest earned, if applicable;
5. Identification of the public improvement the fees were used for;
6. Identification and timeline of public improvements for which any unexpended fees will be used; and
7. Description and uses for transfers or loans of fees, if applicable; and WHEREAS, the City has prepared an annual report for fiscal year 2021-2022, which includes the required information for each Fee and which have been made available to the public in the manner required by Government Code section 66006(b); and WHEREAS, notice of the meeting at which this Resolution was considered by the City Council was provided to members of the public as required by Government Code section 66006(b).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the fiscal year 2021-22 AB 1600 Development Impact Fee Reports, copies of which are attached hereto, are hereby accepted and determined to comply with the requirements of AB 1600.
BE IT FURTHER RESOLVED by the City Council of the City of Newark that any Fee Packet Page 53
funds collected and unexpended are accounted for and are still needed for the purposes for which they were collected.
Packet Page 54
Item D. 5.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt resolutions establishing the City Council meeting calendar for 2023 and authorizing the City Manager to take administrative actions during the August Recess Newark Municipal Code Section 2.08.010 requires the City Council to set the day and time of regular City Council meetings via resolution. A resolution with the proposed meeting dates and times for calendar year 2023 has been drafted for City Council consideration. If approved, meetings will continue to be held on the second and fourth Thursday of each month beginning at 7 pm. The resolution authorizes the August Meeting Recess and cancels the second meeting in the months of November and December.
City staff also seeks authorization for the City Manager, or designee, to approve administrative matters that might occur during the August Meeting Recess that cannot be deferred until the September 14, 2023, City Council meeting. The general types of administrative matters that might require action are:
Acceptance of completion of work on City Projects;
Approval of agreements as needed for budgeted projects and services Approval of plans and specifications
Award of contracts for budgeted projects
Denial of claims.
The City Manager or designee will provide a staff report on all actions taken during the August Recess at the September 14, 2023, City Council meeting.
Staff recommends that the City Council adopt resolutions to establish the dates and times for regular City Council meetings for the calendar year 2023 and authorizing the City Manager, or designee, to act upon certain administrative matters on behalf of the City of Newark during the City Council Summer Meeting Recess August 2023.
Attachments
Resolution Meeting Dates
Packet Page 55
Resolution Meeting Dates
Resolution August Recess
Packet Page 56
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK ESTABLISHING THE DATES AND TIMES FOR
REGULAR CITY COUNCIL MEETINGS FOR THE CALENDAR
YEAR 2023
WHEREAS, the City Council of the City of Newark adopted Ordinance No. 523 amending the Newark Municipal Code to provide that the City Council shall establish dates and times for regular City Council Meetings by resolution; and
WHEREAS, the City Council desires to adopt a resolution establishing dates and times for regular City Council Meetings for Calendar Year 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the regular City Council Meetings for Calendar Year 2023 shall be on the dates and times specified in this Resolution.
2023 Regular meeting dates, start time 7:00 p.m. from January to December:
January 12, 2023 June 8, 2023
January 26, 2023 June 22, 2023
February 9, 2023 July 13, 2023
February 23, 2023 July 27, 2023
March 9, 2023 September 14, 2023
March 23, 2023 September 28, 2023
April 13, 2023 October 12, 2023
April 27, 2023 October 26, 2023
May 11, 2023 November 9, 2023
May 25, 2023 December 14, 2023
2023 meetings canceled
August Recess August 10 and 24, 2023
Thanksgiving Holiday November 23, 2023
Winter Furlough December 28, 2023
Packet Page 57
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO ACT UPON CERTAIN ADMINISTRATIVE
MATTERS ON BEHALF OF THE CITY OF NEWARK
DURING THE CITY COUNCIL SUMMER MEETING RECESS
AUGUST 2023
WHEREAS, the City Council of the City of Newark will be in recess during the month of August 2023; and
WHEREAS, during said City Council recess, certain administrative matters require action.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager, or his authorized designee, to act upon the following certain administrative matters during the City Council’s meeting recess August 2023, which should not be deferred until the next regularly scheduled meeting of the City Council on September 14, 2023:
Acceptance of completion of work on City projects
Approval of agreements as needed for budgeted projects and services Approval of plans and specifications
Award of contracts for budgeted projects
Denial of claims
BE IT FURTHER RESOLVED that all actions taken by the City Manager, or his authorized designee, pursuant to this resolution, shall be reported to the City Council after the recess.
Packet Page 58
Item D. 6.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Continued Remote Teleconferenced Meetings of the Legislative Bodies of the City of Newark for the 30 Day Period Beginning December 8 Pursuant to AB 361
SUMMARY AND RECOMMENDATION
Since near the start of the COVID-19 pandemic the City has been able to conduct meetings of its legislative bodies remotely pursuant to Executive Order N-29-20, which suspended certain provisions of the Brown Act allowing the City to conduct its meetings virtually. On June 11, 2021, Governor Newsom issued an Executive Order that ends the clauses of Executive Order N-29-20 which suspended those provisions of the Brown Act on September 30, 2021. Governor Newsom signed AB 361 into law on September 16, 2021. AB 361 allows the City to continue conducting virtual meetings where the Governor has proclaimed a State of Emergency and state or local officials have imposed or recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees.
On September 23, 2021, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. The City Council last made the necessary findings on November 10, 2022.
Staff and the City Attorney recommend that the City Council adopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings.
Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after November 10, 2022.
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.
On March 17, 2020, the City Council adopted a Resolution ratifying the proclamation of Packet Page 59
a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County. Additionally, since then, the highly contagious Omicron variant and sub-variants BA.2, BA.2.12.1, and BA.5 have emerged, resulting in the greatest nationwide COVID-19 infection rate since the beginning of the COVID-19 pandemic.
Currently, state and local officials strongly recommend wearing masks indoors. State officials further recommend the use of masks when social distancing is not possible.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
The City Council adopted a resolution pursuant to AB 361 on September 23, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City Council has adopted continued resolutions since that time.
DISCUSSION/ANALYSIS
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021. AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
- The local agency holds a meeting during a declared state of emergency; - State or local health officials have imposed or recommended measures to promote social distancing;
Packet Page 60
social distancing;
- Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
- The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; - CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; - The Delta and Omicron variants of COVID-19 have resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County; - Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
Pursuant to AB 361, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to continue meeting remotely.
FISCAL IMPACT
There is no direct fiscal impact of adopting this Resolution.
REVIEW AND APPROVAL
Prepared by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
AB 361 Resolution December 8
Packet Page 61
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE
HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING
CONTINUED REMOTE TELECONFERENCED MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF NEWARK
FOR THE 30 DAY PERIOD BEGINNING DECEMBER 8
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Newark’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 17, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body Packet Page 62
determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; and WHEREAS, because of the rise in cases due to the Delta and Omicron variant of COVID19, and now the Omicron sub-variant, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and
WHEREAS, on September 23, 2021, the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant has since resulted in several highly contagious sub-variants, including the new BA.5, which has become the dominant strain of COVID-19; and
WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist due to the Delta and Omicron variants of COVID-19; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and Packet Page 63
c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19, state and local officials continue to recommend wearing masks and physical distancing under certain circumstances, and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.
4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
Packet Page 64
Item D. 7.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Adopt a Resolution confirming the continued existence of a local emergency due to the COVID-19 Pandemic
SUMMARY AND RECOMMENDATION
The City Council ratified a proclamation of local emergency on March 17, 2020, as a result of the COVID-19 Pandemic. The local emergency has been consistently confirmed by the Council in accordance with State law since May 14, 2020, and was recently confirmed on November 10, 2022.
City staff recommends that the City Council confirm the continued existence of the local emergency in order to mobilize resources, seek reimbursement of related expenditures, and provide immunity to governmental officials for certain acts. Extending the local emergency would also continue many of the City's temporary policies that were adopted in response to the pandemic, including the eviction moratorium, changes to the zoning code to allow outdoor business activities, and the 15% cap on fees charged by food delivery providers to our local restaurants.
BACKGROUND
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Newark Municipal Code Chapter 2.16. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of the novel coronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On March 17, 2020, the City Council adopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.
Pursuant to State law (see Government Code Section 8630), any City Council that declares a local emergency must confirm the existence of the local emergency every sixty (60) days until the local emergency ceases. Accordingly, the City Council has continually adopted resolutions confirming the continued existence of the local emergency due to the COVID-19 Pandemic since May 14, 2020. The most recent resolution was adopted on November 10, 2022.
Various governmental agencies have declared an emergency as a result of the pandemic, including the President of the United States and the Governor of the State of Packet Page 65
pandemic, including the President of the United States and the Governor of the State of California. Many cities in California have likewise declared a local emergency and have continued to confirm the existence of the local emergency within the statutorily required 60 day time period.
DISCUSSION/ANALYSIS
The conditions that prompted the original declaration of a local emergency continue to exist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of total cases within Alameda County continues to rise. Most recently, the “Omicron” variant, which is more easily transmitted, has led to an increase in COVID-19 cases within Alameda County. The public health and safety concerns for persons and property within the City as a consequence of the global spread ofCOVID-19 continue to exist.
At the time of this writing (November 22, 2022) there have been 357,374 confirmed cases within the County, with 11,559 of those cases being Newark residents. To date, there have been 2,067 deaths in our County that have been caused by COVID-19.
Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state, and federal agencies. This will also permit the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property and ensures that the City and its officials and employees are immune from liability when exercising their official duties during this emergency.
Further, many of the City’s temporary policies that were adopted in response to the pandemic in order to support the local economy are tied to the expiration of the local emergency. This includes the eviction moratorium, the temporary zoning code changes to allow certain business to operate outdoors, and the 15% cap of fees charged by third party food delivery service providers to our local restaurants. If the local emergency is not extended, then these policies would automatically be rescinded.
If adopted, the declaration of emergency will remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days as indicated above.
FISCAL IMPACT
There is no direct fiscal impact associated with adopting the accompanying resolution that extends the local emergency. However, the City will consider all options available to seek reimbursement for expenses through appropriate authorities.
REVIEW AND APPROVAL
Prepared by - Kristopher J. Kokotaylo, City Attorney
Packet Page 66
Prepared by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Continued Emergency Resolution
Packet Page 67
1 RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK CONFIRMING THE CONTINUED EXISTENCE OF
A LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Newark Municipal Code Section
2.16.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Newark Municipal Code Section 2.16.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 17, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 14, 2020, the City Council adopted a Resolution confirming the continued existence of the local emergency; and
WHEREAS, the City Council has regularly and periodically confirmed the existence of the local emergency; and
WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals of the previous continued emergency resolutions are incorporated into this Resolution as if stated herein; and
WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more about information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and there Packet Page 68
2 are now 357,374 confirmed cases of COVID-19 within the County, and 2,067 deaths as of November 22, 2022; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Newark residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within the City of Newark due to COVID-19.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Newark hereby declares as follows:
1. The local emergency declared by Resolution No. 11031 due to the COVID-19 pandemic continues to exist within the City of Newark.
2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Newark.
3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.
4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630.
Packet Page 69
Item G. 1.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of Motion appointing Vice Mayor and Resolution authorizing the Vice Mayor to execute financial documents
During the latter part of the year, the City Council reorganizes by appointing one of its members to serve as Vice Mayor. After the Vice Mayor has been selected, a resolution authorizing the Vice Mayor to sign and endorse checks, warrants, and other instruments will need to be approved by the City Council.
It is recommended that the City Council: (1) by motion, appoint one of its members as Vice Mayor; and (2) by resolution, authorize the signing and endorsing of checks, warrants, and other instruments.
Attachments
Resolution
Packet Page 70
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING SIGNING AND ENDORSING
CHECKS, WARRANTS, AND OTHER INSTRUMENTS
WHEREAS, the US Bank, Fremont Office, is heretofore selected as a depository of the City’s funds;
NOW, THEREFORE, BE IT RESOLVED that checks or warrants withdrawing funds from said depositories must have two signatures and may be signed by Michael K. Hannon, Mayor; or by , Vice Mayor; or by David J. Benoun, City Manager; or by Krysten Lee, Treasurer; or by Lenka Hovorka, Assistant City Manager of the City of Newark; BE IT FURTHER RESOLVED that the US Bank, Fremont Office, and Fremont Bank, Fremont Office, are authorized to honor and pay all the checks and warrants to the City of Newark, signed as provided herein, whether or not payable to the person or persons signing them; and that checks, warrants, drafts, bills of exchange and other evidence of indebtedness may be endorsed and deposited to the account of the City of Newark, by and of the foregoing or any other employee or agent of the City of Newark, and may be endorsed in writing or by stamp, with or without the designation of the person so endorsing; BE IT FURTHER RESOLVED that the Protectograph Certifier signature impression of the Mayor, Michael K. Hannon; the Vice Mayor, ; the City Manager, David J. Benoun; the Treasurer, Krysten Lee; and the Assistant City Manager, Lenka Hovorka shall be deemed their manual signatures for the purposes specified in this resolution; BE IT FURTHER RESOLVED that all previous resolutions authorizing persons to sign checks on behalf of the City are hereby rescinded and no persons other than those set forth in this resolution are authorized to sign checks or other evidence of indebtedness on behalf of the City of Newark after said date.
Packet Page 71
Item G. 2.
DATE 12/08/2022
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt a resolution confirming the Mayor's appointments to various agencies, boards, commissions, and committees
On a yearly basis, the Mayor appoints City Council Members to various agencies, boards, commissions, and committees. The current appointments are listed for reference in the table below. The City Council should review the annual assignments and decide if they would like to make any changes for the upcoming year.
Mayor Hannon is the City’s representative on the Housing Commission of the Housing Authority of the County of Alameda (Housing Authority). This assignment is not listed because he was reappointed in 2021, by the Alameda County Board of Supervisors, to a four-year term that expires on January 1, 2025.
Alameda County Fire Advisory
Commission
Council Members Bucci and
Collazo – delegate and
alternate
Alameda County Library Advisory
Commission
Council Members Collazo and
Mayor Nagy – delegate and
alternate
Alameda-Contra Costa Transit
District Policy Advisory Committee
Council Members Bucci and
Hannon delegates
Alameda County Transportation
Commission
Council Members Freitas and
Collazo – delegate and
alternate
Alameda County Waste
Management Authority
Board/Stopwaste.org
Council Members Hannon and
Freitas - delgate and alternate
Association of Bay Area
Governments (ABAG)
Council Member Bucci and
Mayor Nagy - delegate and
alternate
Community Development Advisory
Committee
Mayor Nagy and Council
Member Freitas – delegates
Dumbarton Rail Policy Advisory
Committee
Mayor Nagy and Council
Member Bucci - delegate and
alternate
Packet Page 72
East Bay Community Energy Board
of Directors
Council Member Hannon and
Mayor Nagy – delegate and
alternate
Newark City Council – Board of
Education Liaison Committee
Council Members Hannon and
Collazo – delegates
Tri-City Elder Coalition Mayor Nagy - delegate
Senior Citizen Standing Advisory
Committee
Mayor Nagy delegate and
chairperson
Southern Alameda County
Geographic Information System
Authority
Mayor Nagy and Council
Member Bucci - delegate and
alternate
Tri-City Waste Facility Financing Mayor Nagy and Council Member Hannon - delegates
.
It is recommended that the City Council, by resolution, approve the appointments to the various agencies, boards, commissions, and committees.
Attachments
Resolution
Packet Page 73
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK CONFIRMING THE MAYOR’S APPOINTMENTS TO
VARIOUS AGENCIES, BOARDS, COMMISSIONS, AND
COMMITTEES
WHEREAS, the Mayor of the City of Newark has appointed representatives to the following agencies, boards, commissions, and committees:
Alameda County Fire Advisory Commission delegate and alternate Alameda County Library Advisory
Commission
delegate and alternate
Alameda-Contra Costa Transit District Policy
Advisory Committee
delegates
Alameda County Transportation Commission delegate and alternate Alameda County Waste Management
Authority Board/Stopwaste.org
delegate and alternate
Association of Bay Area Governments
(ABAG)
delegate and alternate
Community Development Advisory Committee delegates
Dumbarton Rail Policy Advisory Committee delegate and alternate East Bay Community Energy Board of
Directors
delegate and alternate
Newark City Council –Board of Education
Liaison Committee
delegates
Tri-City Elder Coalition delegate
Senior Citizen Standing Advisory Committee delegate and chairperson Southern Alameda County Geographic
Information System Authority
delegate and alternate
Tri-City Waste Facility Financing delegates
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the Mayor’s appointments.
Packet Page 74
Packet Page 75