AGENDA
Special Meeting
Thursday, December 15, 2022
6:00 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
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. 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 15 Pursuant to AB 361
2. Adopt a resolution accepting the subdivision improvements for Tracts 8419 and 8420, Villages 3 and 4 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard
3. Adopt a resolution accepting the subdivision improvements for Tracts 8270, 8417, and
3. Adopt a resolution accepting the subdivision improvements for Tracts 8270, 8417, and 8418, the initial large-lot subdivision and Villages 1 and 2 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard
4. Adopt a resolution approving a Side Letter Agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Association to amend the process and provisions related to leave accrual and the buy back program
5. Adopt a resolution approving a side letter agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Management Association to provide for compensation to Police Lieutenants for certain overtime work associated with the 2022-2023 Selective Traffic Enforcement Program grant
E. PUBLIC HEARINGS
F. OTHER BUSINESS
1. Affordable Housing Program Informational Report
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 Hannon, Vice Mayor Collazo, and Council Members Jorgens, Bucci, and Freitas may be attending this meeting via teleconference. Teleconference locations are not open to the public. In the event that any members of the City Council elect to attend this meeting via teleconference, all votes conducted during the teleconferencing session will be conducted by roll call vote.
How to view the meeting remotely:
Livestream online at YouTube: https://www.youtube.com/channel/UC383NGSxaPwZP1lkJbo2T8A Copy/paste the YouTube URL into your browser if the link does not automatically open.
How to participate in the meeting remotely, via Zoom Webinar:
From a PC, Mac, iPad, iPhone or Android device: Zoom Meeting https://us06web.zoom.us/j/86134613930 Packet Page 2
From a telephone dial 1- 669-900-9128, Webinar ID Number 861 3461 3930 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 D. 1.
DATE 12/15/2022
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 15 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 December 8, 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 December 8, 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 4
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. Currently, state and local officials still recommend wearing masks for certain individuals and under certain circumstances.
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;
• Legislative bodies declare the need to meet remotely due to present imminent risks to Packet Page 5
• 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 15
Packet Page 6
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 15
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 7
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 still recommends masking and maintaining six feet of distance under certain circumstances and ; 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 8
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 9
Item D. 2.
DATE 12/15/2022
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Principal Civil Engineer
SUBJECT Adopt a resolution accepting the subdivision improvements for Tracts 8419 and 8420, Villages 3 and 4 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard SUMMARY AND RECOMMENDATION
Subdivision improvements for Tracts 8419 and 8420, Villages 3 and 4 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard, have been completed in substantial compliance with the plans and specifications of the project. The developer for the project is KB Sanctuary, LLC, a Delaware limited liability company. The developer’s contractor, LS-Newark, LLC, a Delaware limited liability company, provided the Maintenance Bonds in amounts listed in the table below to guarantee the completed subdivision improvements for a one-year maintenance period.
TRACT MAINTENANCE BOND
8419 - Village 3 $208,000
8420 - Village 4 $262,900
Staff recommends that the City Council adopt a resolution accepting the subdivision improvements for Tracts 8419 and 8420.
BACKGROUND
On July 26, 2018, the developer, KB Sanctuary, LLC, entered into two separate Subdivision Agreements with the City of Newark to construct public and private improvements for Tracts 8419 and 8420, Villages 3 and 4 of Sanctuary Village, respectively. As allowed in the Subdivision Improvement Agreements, the developer’s contractor, LS-Newark, LLC, provided Performance Bonds and Materials Bonds issued by Philadelphia Indemnity Insurance Company in the amounts indicated in the table below to guarantee the subdivision improvements on Spadefoot Avenue right-of-way, and all private in-tract common area improvements. The public improvements included new curb, gutter, sidewalk, landscaping, signage, lighting, utilities, and street pavement. The private improvements included new private street alleyways, driveways, sidewalk, signage, utilities, lighting, landscaping, and other common area improvements.
Packet Page 10
TRACT PERFORMANCE BOND MATERIALS BOND
8419 - Village 3 $2,080,000 $1,040,000
8420 - Village 4 $2,629,000 $1,314,500
On November 14, 2019, the City Council reduced all original Performance Bond amounts to 20% of their original values due to completion of more than 80% of the total scope of tract improvements in accordance with authority contained in Section 66499.7 of the California Government Code.
DISCUSSION/ANALYSIS
The construction of the subdivision improvements for Tracts 8419 and 8420 is now complete. The developer’s contractor, LS-Newark, LLC, provided Maintenance Bonds for the correction of any defective materials or workmanship within the designated one-year maintenance period. After acceptance, the public improvements, some of which are part of Zone 2 - Sanctuary of Landscape and Lighting District No. 4, will be owned and maintained by the City. The private improvements for the common benefit of all homeowners will be owned and maintained by the Sanctuary Village Homeowners Association.
FISCAL IMPACT
The estimated additional annual cost to maintain the public improvements associated with Tracts 8419 and 8420 is $15,900. The estimated annual maintenance cost is for pavement maintenance, street sweeping, curb and gutter replacement, and storm drain inlet maintenance.
REVIEW AND APPROVAL
Prepared by - Diana Cangco, Principal 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
Packet Page 11
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK ACCEPTING THE SUBDIVISION IMPROVEMENTS
FOR TRACTS 8419 AND 8420, VILLAGES 3 AND 4 OF
SANCTUARY VILLAGE, A 386-UNIT RESIDENTIAL
SUBDIVISION IN GENERAL PLAN AREA 3 AT THE
NORTHWEST CORNER OF CHERRY STREET AND
STEVENSON BOULEVARD
WHEREAS, KB Sanctuary, LLC, previously entered into two separate Subdivision Agreements with the City of Newark both dated July 26, 2018 (Resolutions 10,833 and 10,835) for the construction of certain subdivision improvements for Tracts 8419 and 8420, Villages 3 and 4 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard, in accordance with plans and specifications on file with the City Engineer; and
WHEREAS, the scope of the public improvements on Spadefoot Avenue included new curb, gutter, sidewalk, landscaping, lighting, utility connections, and street pavement; and WHEREAS, said work has been completed in substantial compliance with the plans and specifications of the contract entered into heretofore and the City Engineer has recommended the acceptance of these public improvements on Spadefoot Avenue; and WHEREAS, additional work was completed in substantial compliance with the plans and specifications, within the common areas of the project site to be owned and maintained by the Sanctuary Village Homeowners Association, including but not limited to the private street alleyways, driveways, sidewalk, utilities, lighting, landscaping, and other common area improvements; and
WHEREAS, pursuant to Resolution 11,001, the City Council of the City of Newark approved 80% bond reductions through the release and replacement of the original Performance Bonds and the original Materials Bonds issued by Philadelphia Indemnity Insurance Company with bond riders in the amounts of $416,000 and $208,000 respectively for Tract 8419; and $525,800 and $262,900 respectively for Tract 8420; and
WHEREAS, as allowed by the Subdivision Improvement Agreement, LS-Newark, LLC, the project contractor, has furnished Subdivision Maintenance Bonds in the amounts of $208,000 and $262,900 for the correction of any defective materials or workmanship within a designated one-year maintenance period for Tracts 8419 and 8420, respectively.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that said public improvements on Spadefoot Avenue are hereby accepted as complete.
BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby approve the Subdivision Maintenance Bonds in the amount of $208,000 and $262,900.
Packet Page 12
BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the release of the remaining Performance Bonds and Materials Bonds guaranteeing the completion of work in Tracts 8419 and 8420.
Packet Page 13
Item D. 3.
DATE 12/15/2022
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Principal Civil Engineer
SUBJECT Adopt a resolution accepting the subdivision improvements for Tracts 8270, 8417, and 8418, the initial large-lot subdivision and Villages 1 and 2 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard
SUMMARY AND RECOMMENDATION
Subdivision improvements for Tracts 8270, 8417, and 8418, the initial large-lot subdivision and Villages 1 and 2 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard, have been completed in substantial compliance with the plans and specifications of the project. The developer for the project is Arroyo Cap III, LLC, a Delaware limited liability company. The developer’s contractor, LS-Newark, LLC, a Delaware limited liability company, provided Maintenance Bonds in the amounts listed in the table below to guarantee the completed subdivision improvements for a one-year maintenance period.
TRACT MAINTENANCE BOND
8270 - Large-lot Subdivision $864,700
8417 - Village 1 $278,000
8418 - Village 2 $237,200
Staff recommends that the City Council adopt a resolution accepting the subdivision improvements for Tracts 8270, 8417, and 8418.
BACKGROUND
On November 9, 2017, July 26, 2018, and September 27, 2018, the developer, Arroyo Cap III, LLC, entered into Subdivision Agreements with the City of Newark to construct public and private improvements for Tracts 8270, 8417, and 8418, the initial large-lot subdivision and Villages 1 and 2 of Sanctuary Village, respectively. As allowed in the Subdivision Improvement Agreement, the developer’s contractor, LS-Newark, LLC, provided Performance Bonds and Materials Bonds issued by Philadelphia Indemnity Insurance Company in the amounts listed in the table below to guarantee the subdivision improvements on Sea Turtle Avenue, Brush Rabbit Avenue, Dragonfly Street, Tomcod Street, Spadefoot Avenue, Pumpkinseed Street, and Grasshopper Packet Page 14
Avenue rights-of-way, and all private in-tract common area improvements. The public improvements included new curb, gutter, sidewalk, landscaping, signage, lighting, utilities, and street pavement. The private improvements included new private street alleyways, driveways, sidewalk, signage, utilities, storm drain and stormwater treatment systems, lighting, landscaping, and other common area improvements.
TRACT PERFORMANCE BOND MATERIALS BOND
8270 - Large-lot Subdivision $8,647,000 $4,323,500
8417 - Village 1 $2,780,000 $1,390,000
8418 - Village 2 $2,372,000 $1,186,000
On November 14, 2019, the City Council reduced all original Performance Bond amounts to 20% of their original values due to completion of more than 80% of the total scope of tract improvements in accordance with authority contained in Section 66499.7 of the California Government Code.
DISCUSSION/ANALYSIS
The construction of subdivision improvements for Tracts 8270, 8417, and 8418 is now complete. The developer’s contractor, LS-Newark, LLC, provided Maintenance Bonds for the correction of any defective materials or workmanship within the designated one-year maintenance period. After acceptance, the public improvements, some of which are part of Zone 2 - Sanctuary of Landscape and Lighting District No. 4, will be owned and maintained by the City. The private improvements for the common benefit of all homeowners will be owned and maintained by the Sanctuary Village Homeowners Association.
FISCAL IMPACT
The estimated additional annual cost to maintain the public improvements associated with Tracts 8270, 8417, and 8418 is $136,600. The estimated annual maintenance cost is for pavement maintenance, street sweeping, curb and gutter replacement and maintenance costs identified as the City’s contribution for Zone 2 - Sanctuary of Landscape and Lighting District No. 4 due to general and special benefits for parcels outside Zone 2.
REVIEW AND APPROVAL
Prepared by - Diana Cangco, Principal 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
Packet Page 15
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK ACCEPTING THE SUBDIVISION IMPROVEMENTS
FOR TRACTS 8270, 8417, AND 8418, THE INITIAL LARGELOT SUBDIVISION AND VILLAGES 1 AND 2 OF SANCTUARY VILLAGE, A 386-UNIT RESIDENTIAL
SUBDIVISION IN GENERAL PLAN AREA 3 AT THE
NORTHWEST CORNER OF CHERRY STREET AND
STEVENSON BOULEVARD
WHEREAS, Arroyo Cap III, LLC, previously entered into three separate Subdivision Agreements with the City of Newark dated November 9, 2017, July 26, 2018, and September 27, 2018 (Resolutions 10,717, 10,831, and 10,846) for the construction of certain public and private improvements for Tracts 8270, 8417, and 8418, the initial large-lot subdivision and Villages 1 and 2 of Sanctuary Village, a 386-unit residential subdivision in General Plan Area 3 at the northwest corner of Cherry Street and Stevenson Boulevard, in accordance with plans and specifications on file with the City Engineer; and
WHEREAS, the scope of public improvements on Sea Turtle Avenue, Brush Rabbit Avenue, Dragonfly Street, Tomcod Street, Spadefoot Avenue, Pumpkinseed Street, and Grasshopper Avenue included new curb, gutter, sidewalk, landscaping, lighting, utility connections, and street pavement; and
WHEREAS, said work has been completed in substantial compliance with the plans and specifications of the contract entered into heretofore and the City Engineer has recommended the acceptance of these public improvements on Sea Turtle Avenue, Brush Rabbit Avenue, Dragonfly Street, Tomcod Street, Spadefoot Avenue, Pumpkinseed Street, and Grasshopper Avenue; and WHEREAS, additional work was completed in substantial compliance with the plans and specifications, within the common areas of the project site to be owned and maintained by the Sanctuary Village Homeowners Association, including but not limited to the private street alleyways, driveways, sidewalk, utilities, storm drain and stormwater treatment systems, lighting, landscaping, and other common area improvements; and
WHEREAS, pursuant to Resolution 11,001, the City Council of the City of Newark approved 80% bond reductions through the release and replacement of the original Performance Bonds and the original Materials Bonds issued by Philadelphia Indemnity Insurance Company with bond riders in the amounts of $1,729,400 and $864,700 respectively for Tract 8270; $556,000 and $278,000 respectively for Tract 8417; and $474,400 and $237,200 respectively for Tract 8418; and
WHEREAS, as allowed by the Subdivision Improvement Agreements, LS-Newark, LLC, the project contractor, has furnished Subdivision Maintenance Bonds in the amounts of $864,700, $278,000, and $237,200 for the correction of any defective materials or workmanship within a designated one-year maintenance period for Tracts 8270, 8417, and 8418 respectively.
Packet Page 16
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that said public improvements on Sea Turtle Avenue, Brush Rabbit Avenue, Dragonfly Street, Tomcod Street, Spadefoot Avenue, Pumpkinseed Street, and Grasshopper Avenue are hereby accepted as complete.
BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby approve the Subdivision Maintenance Bonds in the amounts of $864,700, $278,000, and $237,200.
BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the release of the remaining Performance Bonds and Materials Bonds guaranteeing the completion of work in Tracts 8270, 8417, and 8418.
Packet Page 17
Item D. 4.
DATE 12/15/2022
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT Adopt a resolution approving a Side Letter Agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Association to amend the process and provisions related to leave accrual and the buy back program SUMMARY AND RECOMMENDATION
To fulfill a provision of the Memorandum of Understanding between the City of Newark and the Newark Police Association and to address concerns of eligibility requirements to participate in the vacation buy back program during a period of staffing challenges, staff recommends that the City Council, by resolution, approve a Side Letter Agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Association related to the accrual, eligibility and cash out processes for compensatory time and vacation leave.
BACKGROUND
On July 8, 2022, City Council approved a Side Letter Agreement between the City and the Newark Police Association (Association) amending and extending the Memorandum of Understanding (MOU) between the City and Association through June 30, 2025. This Side Letter Agreement included a provision that the City and Association agree to meet and confer prior to the end of calendar year 2022, to develop a process related to the cash out of accrued compensatory time.
DISCUSSION/ANALYSIS
The City and Association met and conferred regarding amending the process related to the cash out options for accrued compensatory time. The amendments include requirements that employees pre-designate, in the year prior to the year of accrual and cash out, if they will cash out accrued compensatory time. Employees will have the voluntary option to either pre-designate and cash out compensatory time they earn and accrue in the subsequent calendar year, or opt to not cash out, and carry their accruals into the following year.
During the course of the meet and confer process, other items related to leave accruals and cash out processes were discussed and are further recommended for amendment, including:
1. Increase the compensatory time maximum accrual limit from 160 hours to 220 Packet Page 18
hours, to align with the comparable agency market average; and
2. Related to the process for vacation leave cash out: waive the eligibility requirement that employees must use half of their accrued leave in the prior year to be eligible to cash out. This requirement would be waived for calendar years 2022 and 2023, with the option for the City Manager to extend through 2024. This amendment is recommended due to the staffing shortages occurring in the Police Department making it difficult for staff to utilize their leave.
The changes proposed are similar to changes made to the cash out processes for other labor groups during the recent bargaining cycle and align with the comparable market agencies.
FISCAL IMPACT
There is no fiscal impact to the City resulting from the amendments to the accrual cash out processes and eligibility. The increase of the compensatory time maximum accrual limit has the potential to result in certain future liabilities due to staff retaining additional leave for future cash out upon separation. However, waiver of the eligibility requirement for vacation leave cash out may result in savings of future liability, as more personnel could cash out leave at today’s rates, rather than save the leave for cash out upon separation at a higher rate.
REVIEW AND APPROVAL
Prepared by – Jennifer Solito, Human Resources Director Reviewed by – Lenka Hovorka, Assistant City Manager
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Resolution
Exhibit A
Packet Page 19
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING A SIDE LETTER AGREEMENT WITH
THE NEWARK POLICE ASSOCIATION TO AMEND CERTAIN
PROVISIONS RELATED TO THE ACCRUAL, ELIGIBLITY
AND CASH OUT PROCESSES FOR COMPENSATORY TIME
AND VACATION LEAVE.
WHEREAS, the City and the Newark Police Association (Association) are parties to a Memorandum of Understanding (MOU) in effect between July 1, 2019 and June 30, 2025; and WHEREAS, a Side Letter Agreement approved by the City Council on July 28, 2022 included provisions that the City and Association would meet and confer to develop a process related to the cash out of accrued compensatory time; and WHEREAS, the Police Department is faced with staffing shortages, resulting in the denial or cancelation of Association members’ leave use; and
WHEREAS, the City and Association have met and conferred and agreed to amendments to the process for the cash out of accrued compensatory time, as outlined in Exhibit A; and WHREAS, the City and Association further agreed to additional amendments related to the maximum accrual of compensatory time and the eligibility requirements related to the cash out of vacation leave, as outlined in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council approves the Side Letter Agreement between the City of Newark and the Newark Police Association amending certain provisions related to the accrual, eligibility, and cash out processes for compensatory time and vacation leave, as attached in Exhibit A.
Packet Page 20
Packet Page 21
Packet Page 22
Packet Page 23
Item D. 5.
DATE 12/15/2022
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT Adopt a resolution approving a side letter agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Management Association to provide for compensation to Police Lieutenants for certain overtime work associated with the 2022-2023 Selective Traffic Enforcement Program grant SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution, approve a side letter agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Management Association to provide for compensation to Police Lieutenants for certain overtime work associated with the 2022-2023 Selective Traffic Enforcement Program grant.
BACKGROUND
The Newark Police Department was selected to receive a Selective Traffic Enforcement Program (STEP) grant through the California Office of Traffic Safety (OTS) in the amount of $100,000 to promote efforts related to reducing the number of injury crashes and promoting a safer vehicle and pedestrian environment. The Council approved this grant on September 22, 2022. The grant period is from October 1, 2022, through September 30, 2023.
The grant requires that a certain number of enforcement activities occur during the time period of the grant. Due to short staffing in the police department, which is systematic to the wider region at this time, there may be the need to utilize other sworn staff to assist with staffing these activities. The City wishes to provide appropriate compensation for this work, which would be fully funded by the STEP grant.
DISCUSSION/ANALYSIS
Police Department staff have been planning and executing various activities required under the STEP grant agreement. However, due to systemic staffing issues across all police departments in the wider region, the staffing of these events may be difficult.
These events frequently require additional staff above the standard shift schedule and require staff to work overtime to meet the staffing requirements. If non-management sworn staff are not available to staff the required activities, it may be necessary to employ other sworn staff in these capacities.
Packet Page 24
The City has met and conferred with the Newark Police Management Association (NPMA) towards an agreement of utilizing Police Lieutenants to staff STEP grant activities, only in the event that all eligible Police Sergeant, Police Officer, and other non-management eligible staff are not available.
Should the Police Chief determine that additional support is needed for STEP-related activities, the Police Chief may designate Police Lieutenants to perform this work. This work would be paid at the top-step regular base rate of the Police Sergeant classification, to provide appropriate compensation commiserate with the work performed. Police Lieutenants will only be utilized as a last resort in order to meet the activity requirements of the STEP grant and after all work associated with the STEP grant has been first offered to eligible non-management staff.
FISCAL IMPACT
There is no fiscal impact to the City as all activities associated with the STEP grant program will be fully paid through available grant funds.
REVIEW AND APPROVAL
Prepared by – Jennifer Solito, Human Resources Director Review by – Lenka Hovorka, Assistant City Manager
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
Resolution - NPMA Side Letter Agreement
Exhibit A
Packet Page 25
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING A SIDE LETTER AGREEMENT WITH
THE NEWARK POLICE MANAGEMENT ASSOCIATION TO
PROVIDE FOR THE COMPENSATION OF MANAGEMENT
STAFF FOR CERTAIN OVERTIME WORK ASSOCIATED
WITH THE 2022-2023 SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM GRANT.
WHEREAS, the City received a Selective Traffic Enforcement Program (STEP) grant through the California Office of Traffic Safety (OTS) in the amount of $100,000 for a program term of October 1, 2022 through September 30, 2023; and WHEREAS, the City Council approved receipt of the grant on September 22, 2022; and WHEREAS, the STEP grant requires the City’s Police Department perform a variety of activities related to reducing the number of injury crashes and promoting a safer vehicle and pedestrian environment; and
WHEREAS, due to staff shortages, it may be difficult to staff all required activities with available non-management sworn staff; and
WHEREAS, the City may wish to employ Police Lieutenants to assist with staffing some of the STEP grant required activities; and
WHEREAS, the City notified the Newark Police Association of this action and solicited feedback; and
WHEREAS, the City and the Newark Police Management Association (Association) are parties to a Memorandum of Understanding (MOU) in effect between July 1, 2022 and June 30, 2025; and
WHEREAS, the City has met and conferred with the Newark Police Management Association (Association) towards the compensation for overtime work performed by Police Lieutenants associated with the STEP grant; and
WHEREAS, should a Police Lieutenant perform work related to STEP grant activities, they will be compensated at the top-step regular rate of the Police Sergeant classification.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council approves the Side Letter Agreement between the City of Newark and the Newark Police Management Association for compensation of overtime related to the 2022-2023 STEP grant, as attached in Exhibit A.
Packet Page 26
Packet Page 27
Packet Page 28
Item F. 1.
DATE 12/15/2022
TO Honorable Mayor and City Council Members
FROM Steven Turner, Community Development Director
SUBJECT Affordable Housing Program Informational Report SUMMARY AND RECOMMENDATION
Staff recommends that the City Council receive an informational report regarding Newark's affordable housing program.
BACKGROUND
Housing policy in Newark is currently guided by the Housing Element of the General Plan, last updated and adopted in 2015 for the 2015-2023 planning period. This Housing Element sets forth goals, policies, programs, and actions for addressing the community’s housing needs across income levels and household types. As described below, Newark is in the process of updating the Housing Element for the 2023-2031 planning period.
In order to help Community Development staff develop and implement an Affordable Housing Work Plan, Newark retained the services of Baird and Driskell Community Planning (B+D), a planning firm specializing in local government housing programs. To help shape the Work Plan, B+D professionals and City staff individually consulted with Council Members, Planning Commissioners, and Community Development Advisory Committee members. The following major housing needs and priority groups were identified for Newark:
Young families
Key workers (teachers, first responders, among others)
People and families at risk of homelessness
People with disabilities and other special housing needs Low-income senior citizens
City staff and B+D then prepared a work plan to respond directly to these needs and priorities. In May 2021, the City Council approved by resolution (Resolution No. 11201) the 2021-2023 Affordable Housing Work Plan to supplement the City’s current policies and create a number of new programs to proactively meet housing needs for all segments of the Newark community.
The report and the accompanying presentation provides an update regarding the work plan implementation and significant affordable housing accomplishments over the last 18 months.
Packet Page 29
DISCUSSION/ANALYSIS
Affordable Housing Approved by City Council
Over the previous 18 months, the City Council has approved entitlements that will result in the creation of 321 new affordable rental units throughout the community. The units will be located in the developments summarized below:
NewPark Mall "Phase A" apartments 29 units
Timber Street senior affordable apartments 78 units
FMC Willow family apartments in Bayside Newark 90 units Cedar Community Apartments, for homeless and
"at-risk" households
124
units
The Timber Street senior affordable apartment project is significant in that it represents the City's first investment of Housing Impact Fee funds (approximately $2.8 million) to produce affordable housing in Newark. Likewise, Cedar Community Apartments is significant in that the City received a $38.6 million Homekey grant for the conversion of Towne Place Suites into affordable housing. The City also invested $6 million in American Recovery Plan Act (ARPA) and Housing Impact Fee funds into the project and funding was also provided by Alameda County ($4 million) and the Housing Authority of Alameda County through issuance of 60 Project-Based Vouchers, 11 of which will be reserved for veterans. City staff and the City's partners, including Abode Services and Allied Housing, devoted considerable time to this important project. As a result, Cedar Community Apartments was the 6th highest valued project (in terms of the grant award) and 10th largest in terms of unit count statewide out of 116 projects funded in the Homekey Round 2 program.
2023-2031 Housing Element Update (6th Cycle)
In 2022, staff and B+D made significant progress in the preparation of a public review draft of the 2023-2031 Housing Element Update. This progress included an extensive community engagement effort to obtain input on existing housing challenges, proposed policies and actions, and locations where affordable housing should occur. A project website (www.newearkhousingupdate.org) serves as the primary information portal for this effort. In addition, staff and B+D prepared an extensive study related to Affirmatively Furthering Fair Housing (AFFH) to guide polices and actions. Staff is also preparing an update to the General Plan Natural Hazards Element, as required by state law.
Newark Live/Work Preference Study
At a December 2021 study session, the City Council indicated a preference for the City to study a program that would provide an affordable housing Newark preference (or priority) for community members that either live or work in Newark, subject to all applicable fair housing laws. As a first step, the City entered into an agreement with Seifel Consultants and the Concord Group to study whether Newark residents and workers were being displaced from the City due to the availability of housing that was affordable. This displacement study and the accompanying disparate impact analysis Packet Page 30
was prepared to demonstrate that implementation of a live/work preference was necessary and that adopting a preference requirement would not result in any disparate impacts. The displacement study and disparate impact analysis have been completed and shared with Alameda County's Housing and Community Development Department (HCD). HCD review and acceptance is required for projects that receive funding through the County's affordable housing programs, such as the Measure A1 program.This work is expected to be complete in 2023.
Current and 2023 Afford Housing Program Focus
Affordable Housing Notice of Funding Availability
The Housing Impact Fee fund represents a critical strategic resource for Newark as the city looks to leverage scarce resources and partner with nonprofit developers to deliver new affordable housing opportunities in the community. The balance of the fund as of June 30, 2022 is approximately $32 million, taking into account previously reserved Housing Impact Fee funds for the Timber Street Senior Apartments and Cedar Community Apartments. In adopting the Affordable Housing Work Plan, the City Council identified approximately $12 million from the Housing Impact Fee fund for additional investments into affordable housing. In June 2022, the City released a Notice of Funding Availability (NOFA) for multifamily affordable housing rental projects, inviting developers of deed-restricted affordable new-construction multifamily rental housing projects in the Bay Area to apply for funding assistance. The City received one response from Satellite Affordable Housing Associates (SAHA). The proposal is for a project at 6347-6375 Thornton Avenue that would include 57 units, including one manager’s unit, for individuals and families. To meet the need for family-sized units, the proposal includes 15 two-bedroom apartments and 16 three-bedroom apartments. The Community Development Advisory Committee is expected to review the funding proposal in December 2022 followed by Council's review in early 2023. The staff recommendation would be to reserve funds for this project. The project itself would be considered for entitlements later in 2023.
2023-2031 Housing Element Update
The draft of the 2023-2031 Housing Element Update is expected to be available before the end of December 2022 for a 30-day public review period. Staff expects to conduct public outreach during this period through outreach to key stakeholder groups and through a community meeting to be held in January. Environmental review of the draft Housing Element would be conducted during this time. Staff will revise the draft Housing Element before it is sent to the State of California's Housing and Community Development (HCD) department for formal review. It is expected that the Planning Commission and City Council would review and consider certifying the 2023-2031 Housing Element in early Spring 2023. This is a later date than the HCD deadline of January 31, 2023. However, the impacts of not certifying the Housing Element after January 31, 2023 are expected to be minimal. Cities that certify their housing elements after January 2023 must conduct any necessary rezoning to accommodate the Regional Housing Needs Assessment targets in one year instead of three years. No rezoning is anticipated in Newark's 2023-2031 Housing Element, so this requirement would not affect Newark. Upon certification of the Housing Element, staff will begin implementing the adopted policies and actions.
Packet Page 31
Other 2023 Affordable Housing Efforts
Inclusionary Housing Study and Ordinance. In order to ensure the on-site inclusion of affordable units in new developments, B+D and staff will develop a scope of work and RFP to retain a consulting firm to develop a feasible inclusionary housing program for Newark to replace the existing impact fee program. As an outcome of this effort, B+D will work with the consulting team to develop an economically feasible program and structure an ordinance that complies with State law and reflects best practices in inclusionary housing policies from other California cities.
First Time Homebuyer Program. Many Bay Area cities either manage their own first-time homebuyer programs or partner with nonprofit partners to manage local programs. For this work plan item, B+D will conduct a thorough analysis of suitable first-time homebuyer programs and will recommend a program for implementation.
FISCAL IMPACT
This informational report does not contain any direct fiscal impacts. The Work Plan and Housing Element are expected to have implementation costs, likely associated with consultant assistance and preparation of technical reports, as may be required. The Community Development Maintenance Fee fund and Housing Impact fee fund could be used for these costs. City staff will also consider applying for any available grants to offset the use of city funds.
ENVIRONMENTAL/PLANNING COMMISSION REVIEW
This information report is not considered a "project" under the requirements of the California Environmental Quality Act. No environmental review is required.
REVIEW AND APPROVAL
Prepared by - Steven Turner, Community Development Director Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Affordable Housing Work Plan
Presentation
Packet Page 32
Packet Page 33
Packet Page 34
Packet Page 35
Packet Page 36
Packet Page 37
AFFORDABLE HOUSING PROGRAM
INFORMATIONAL REPORT
CITY OF NEWARK
15 DECEMBER 2022
Packet Page 38
AGENDA
q BACKGROUND
q AFFORDABLE HOUSING WORKPLAN
q 6TH CYCLE HOUSING ELEMENT UPDATE
q 2023 HOUSING FOCUS
Packet Page 39
NEWARK AFFORDABLE HOUSING
POLICY FRAMEWORK
q Housing policy in Newark is currently
guided by the Housing Element of the
General Plan, last updated and adopted
in 2015 for the 2015-2023 planning period
q Affordable Housing Work Plan approved
by Council in May, 2021
q 6th Cycle Housing Element for 2023-2031
will be released as Public Review Draft by
end of year and submitted to HCD in
early 2023
Packet Page 40
AFFORDABLE HOUSING WORKPLAN
q Priority Housing Needs
q Policies and Programs
Packet Page 41
PRIORITY HOUSING NEEDS
q Young families
q Key workers (teachers, first responders,
etc.) People and families at risk of
homelessness
q People with disabilities and other
special housing needs
q Low-income senior citizens
Packet Page 42
2021-2023 Priorities and Status
• Housing Element Update Process
(underway)
• Affordable Housing Developer NOFA (staff
preparing recommendation to CDAC)
• Affordable Homeownership Program (2023)
• Local preferences ordinance (displacement
study and disparate impact study
completed; policy to formalized in 2023).
• Update Inclusionary Housing Program (2023)
Packet Page 43
AFFORDABLE HOUSING APPROVED
321 + AFFORDABLE UNITS IN PIPELINE
q TIMBER STREET AFFORDABLE HOUSING
q CEDAR COMMUNITY APARTMENTS
q NEWPARK PLACE PHASE 1A
q FMC WILLOW FAMILY APARTMENTS
Packet Page 44
HOUSING ELEMENT UPDATE
• Community Outreach
• RHNA and Proposed Sites
• AFFH Analysis
• Policies and Programs
• Next Steps
Packet Page 45
Community Engagement
• Conducted through
Summer and Fall, 2022
• Meetings, stakeholder
interviews and survey
communities
• Web site:
newarkhousingupdate.org
Packet Page 46
RHNA & Proposed Sites
Packet Page 47
Affirmatively Furthering Fair Housing
A detailed analysis to ensure that Newark’s
programs and policies affirmatively further fair
housing (AFFH), including taking meaningful
actions - in addition to combating
discrimination - that overcome patterns of
segregation and foster inclusive communities.
Packet Page 48
Proposed Housing Sites, 2023-2031
Packet Page 49
Policies and Programs
q Goal #1: Preserve and Improve Existing
Housing
q Goal #2: Facilitate the Development of More
Homes for More People
q Goal #3: Reduce and Remove Constraints to
Affordable Housing
q Goal #4: Help People Stay in Their Homes and Communities q Goal #5: Increase Access to Affordable
Housing
q Goal #6: Enhance Quality of Life
q Goal #7: Further Fair Housing
Packet Page 50
Housing Element Next Steps
q Public Review Period, January, 2023
q Submit to HCD for 90-Day Review,
February-April, 2023
q Revise and Resubmit, Not later than
end of May, 2023
q Complete Rezonings within 1-Year of
Adoption
Packet Page 51
FOCUS FOR 2023
q Adopt 2023-2031 Housing Element and
Implement policies and programs
q Design Local Preferences Policy
q Finalize funding agreement with
affordable housing developer per
NOFA
q First-time Homebuyer Program
q Update Inclusionary Housing Policy
Packet Page 52
Thank You!
Packet Page 53