Newark City Council
January 26, 2023

Filed in the office of the City Clerk of the City of Newark this _____ day of_______________, 2023. Filed in the office of the City Engineer as the Superintendent of Streets of the City of Newark this _____ day of_______________, 2023. An assessment was levied by the City Council on the lots, pieces and parcels of land shown on this Assessment Diagram. The assessment was levied on the ___ day of ___, 2023; the Assessment Diagram and the Assessment Roll were recorded in the office of the City Engineer as the Superintendent of Streets of that city on the __ day of ___, 2023. Reference is made to the Assessment Roll recorded in the office of the City Engineer as the Superintendent of Streets for the exact amount of each assessment levied against each parcel of land shown on this diagram. Filed this _____ day of ________________, 2023, at the hour of _____ o'clock ___.m. in Book _____, Page _______ of Maps of Assessment and Community Facilities Districts in the office of the Recorder of the County of Alameda, State of California. ______________________________Sheila Harrington, City ClerkCity of NewarkCounty of AlamedaState of California ______________________________Soren Fajeau, City EngineerCity of NewarkCounty of AlamedaState of California______________________________Sheila Harrington, City ClerkCity of NewarkCounty of AlamedaState of California ______________________________County RecorderCounty of AlamedaState of California Legend
Parcel Lines
Area Improvement District No. 35 Boundary
1 Assessment Number
Assessor Parcels Within Boundary: For particulars of lines and dimensionsof parcels, reference is made to the Assessor Parcel Maps of AlamedaCounty for the Assessor Parcel Numbers listed in the tables on this AssessmentDiagram.

Asmt.

No.

Assessor
Parcel
Number
1 092 -0001-016-002 092 -0001-017-003 092 -0001-018-004 092 -0001-019-005 092 -0001-020-006 092 -0001-021-007 092 -0001-022-008 092 -0001-023-009 092 -0001-024-00 10 092 -0001-025-0011 092 -0001-026-0012 092 -0001-027-0013 092 -0001-028-0014 092 -0001-029-0115 092 -0001-030-0916 092 -0005-005-0617 092 -0005-006-0018 092 -0005-007-0019 092 -0005-008-0020 092 -0005-009-0021 092 -0005-010-0022 092 -0005-011-0023 092 -0005-012-0024 092 -0005-015-0025 092 -0005-016-0026 092 -0005-017-0027 092 -0005-018-0028 092 -0005-019-0029 092 -0005-020-0030 092 -0005-021-0031 092 -0005-022-0032 092 -0005-023-0033 092 -0005-024-0034 092 -0005-025-0035 092 -0005-030-0036 092 -0005-032-0037 092 -0005-033-0038 092 -0005-034-0039 092 -0005-035-0040 092 -0005-036-0041 092 -0010-001-0242 092 -0010-003-0343 092 -0010-004-0044 092 -0010-005-0045 092 -0010-006-0046 092 -0010-007-0047 092 -0010-008-0048 092 -0010-009-0049 092 -0010-010-0050 092 -0010-011-00 Asmt.

No.

Assessor
Parcel
Number
51 092 -0010-012-0052 092 -0010-013-0053 092 -0010-014-0054 092 -0010-015-0055 092 -0010-016-0056 092 -0010-017-0057 092 -0010-018-0058 092 -0010-019-0059 092 -0010-020-0060 092 -0010-021-0061 092 -0010-022-0062 092 -0010-023-0063 092 -0023-001-0064 092 -0023-002-0065 092 -0023-003-0066 092 -0023-004-0067 092 -0023-005-0068 092 -0023-006-0069 092 -0025-002-0070 092 -0025-003-0071 092 -0025-005-0072 092 -0025-006-0073 092 -0025-007-0074 092 -0025-008-0075 092 -0025-009-0076 092 -0025-010-0077 092 -0025-011-0078 092 -0025-012-0079 092 -0025-013-0080 092 -0025-014-0081 092 -0025-015-0082 092 -0026-001-0083 092 -0026-002-0084 092 -0026-003-0085 092 -0026-004-0086 092 -0026-005-0087 092 -0026-006-0088 092 -0026-007-0089 092 -0026-008-0090 092 -0026-009-0091 092 -0026-010-0092 092 -0026-011-0093 092 -0026-012-0094 092 -0026-019-0095 092 -0026-020-0096 092 -0026-021-0097 092 -0026-022-0098 092 -0026-023-0099 092 -0026-024-00 100 092 -0026-025-00
Asmt.

No.

Assessor
Parcel
Number
101 092 -0026-026-00102 092 -0026-027-00103 092 -0026-028-00104 092 -0026-029-00105 092 -0027-001-00106 092 -0027-002-00107 092 -0027-003-00108 092 -0027-004-00109 092 -0027-005-00110 092 -0027-006-00111 092 -0027-007-00112 092 -0027-008-00113 092 -0027-009-00114 092 -0027-010-00115 092 -0027-011-00116 092 -0027-012-00117 092 -0027-019-00118 092 -0027-020-00119 092 -0027-021-00120 092 -0027-022-00121 092 -0027-023-00122 092 -0027-024-00123 092 -0027-025-00124 092 -0027-026-00125 092 -0027-027-00126 092 -0027-028-00127 092 -0027-029-00128 092 -0027-030-00129 092 -0028-001-00130 092 -0028-002-00131 092 -0028-003-00132 092 -0028-004-00133 092 -0028-018-00134 092 -0028-019-00135 092 -0028-020-00136 092 -0028-021-00137 092 -0028-022-00138 092 -0028-023-00139 092 -0028-024-00140 092 -0028-025-00141 092 -0028-026-00142 092 -0028-027-00143 092 -0028-028-00144 092 -0028-029-00 Packet Page 196
City of Newark
Area Improvement District No. 35 PART IV
7 PART IV

METHOD OF ASSESSMENT
The proposed special assessment for the District will be established pursuant to the Municipal Improvement Act of 1913 and Article XIIID of the State Constitution, which require that assessments be based on the special benefit that properties receive from the proposed improvements. Section 4 of Article XIIID of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost attributed to the proportional special benefit conferred upon that parcel. The local agency levying the assessment must separate the general benefits to the public at large from the special benefits, and only the special benefits are assessable. Any cost attributed to general benefits may not be assessed to properties within the District. In addition, Section 4 of Article XIIID of the State Constitution states that parcels within an assessment district that are owned or used by any public agency, the State of California, or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.

Neither the Municipal Improvement Act of 1913 nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceeding. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Engineer of Work, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the District. The findings of the analysis and resulting apportionment of cost is outlined in this part of the Report.

The final authority to approve the establishment of the District rests with the City Council after hearing all testimony and evidence presented at a public hearing. In accordance with Section 4 of Article XIIID of the State Constitution, notices and ballots are mailed to all record owners of property within the District not less than 45 days prior to the public hearing. Upon conclusion of the public hearing, the ballots returned to the City Clerk prior to the close of the public hearing are tabulated. If a majority of the returned ballots weighted by assessment amount, are not in opposition to the formation of District, the City Council may proceed with the formation of the District. The City Council’s findings must include whether the assessment spread has been made in direct proportion to the special benefits received by each parcel.

The following sections set forth the benefits identified as being conferred from the District Improvements, the separation of general and special benefits, and the methodology used to apportion the costs of the improvements to each parcel.

Packet Page 197
City of Newark
Area Improvement District No. 35 PART IV
8 Identification of Benefits
The District is being established to provide financing for new curb, gutter, sidewalk, driveway, and walkway improvements within the Lindsay Tract neighborhood, collectively referred to as the District Improvements in this Report. The location of the District Improvements is shown in Appendix A (Benefit Boundary and Improvement Diagram) of this Report. The District Improvements provide the following benefits to property:
 Improved ingress/egress.
 Improved aesthetics.
 Improved pedestrian and vehicle safety.
 Improved walkability throughout the neighborhood.
 Reduced likelihood of financial obligation for certain property owners to repair sidewalks per California Streets and Highways Code Section 5610, which authorizes cities to recover the cost of repairing and maintaining sidewalks from the owners of property abutting the sidewalk.

General Benefit
Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties and the public at large.

The District Improvements are located along the in-tract residential streets of the Lindsay Tract neighborhood as shown in Appendix A (Benefit Boundary and Improvement Diagram) of this Report. Due to the localized nature of the District Improvements, general benefit or benefit to the public at large is attributed to incidental vehicular or pedestrian flow-through traffic traversing the Lindsay Tract neighborhood roads commencing from locations outside the benefit boundary of the District to access other destinations outside the benefit boundary of the District. Vehicular or pedestrian traffic commencing outside the benefit boundary of the District but traveling to a destination inside the benefit boundary of the District was determined to be a special benefit to the destination parcel within the benefit boundary of the District.

Google Maps was utilized to determine if the Lindsay Tract neighborhood roads are likely to be traversed by property owners/residents commencing from locations outside the benefit boundary of the District to access other destinations outside the benefit boundary of the District. An analysis of virtually all viable routes from all directions, utilizing various times of travel, was performed using locations of developed property outside of the District benefit boundary as a starting destination to ending destinations of developed property outside the benefit boundary of the District. The results of this analysis confirmed that traversing the Lindsay Tract neighborhood roads is never the most efficient and practical Packet Page 198
City of Newark
Area Improvement District No. 35 PART IV
9 route and therefore it is highly unlikely property owners/residents commencing from locations outside the benefit boundary of the District will intentionally traverse the Lindsay Tract neighborhood roads to access other destinations outside the benefit boundary of the District. Therefore, it is concluded the District Improvements provide a particular and distinct special benefit only to those parcels within the benefit boundary of the District that is not realized by other parcels or the public at large. However, to acknowledge the rare and incidental occasion on which property owners/residents commencing from a location outside the benefit boundary of the District utilize the Lindsay Tract neighborhood streets to access other destinations outside the benefit boundary of the District, 2% of the cost of the District Improvements, excluding driveway and walkway conform District Improvements, is attributed to general benefit, and will be paid by the City. There is no general benefit associated with the driveway and walkway conform District Improvements and therefore 100% of the driveway and walkway conform District Improvements will be apportioned to each respective property proportionately.

Special Benefit
As discussed above, the District Improvements provide a particular and distinct special benefit to those parcels within the benefit boundary of the District that is not realized by other parcels or the public at large. Article XIIID of the State Constitution requires the Engineer of Work to determine the proportionality of the special benefits conferred to property based on characteristics of the District Improvements and characteristics of properties.

Primary Benefits
The District Improvements will improve drainage throughout the Lindsay Tract neighborhood, prolong lifespan of the pavement and ancillary improvements associated with the neighborhood streets, and improve walkability throughout the neighborhood. The equal special benefits to all properties within the benefit boundary of the District are known as the “Primary Benefits” for the purposes of this Report and are summarized below.  Improved ingress and egress throughout neighborhood due to better localized drainage that will minimize likelihood of potholes and debris.  Improved neighborhood aesthetics due to increased lifespan of pavement.  Improved neighborhood aesthetics due to added deterrence from parking on the sidewalk.
 Improved neighborhood safety due to increased lifespan of pavement (e.g., reduced risk of flat tires).
 Improved walkability throughout the neighborhood due to continuous and wellmaintained sidewalks.

As a result of the Primary Benefits listed above, it is reasonable to assume the District Improvements will increase the desirability and specifically enhance the values of the properties within the benefit boundary of the District.

The assessable properties within the benefit boundary of the District are all single-family homes. Therefore, the costs attributed to the Primary Benefits will be apportioned equally Packet Page 199
City of Newark
Area Improvement District No. 35 PART IV
10 to each single-family home on a per parcel basis.

Enhanced Benefits
New curb, gutter, driveway and sidewalk will be installed along the frontage of certain parcels within the benefit boundary of the District as shown on Appendix A (Benefit Boundary and Improvement Diagram) of this Report. These parcels experience special benefits above and beyond the Primary Benefits due to the improved frontage of their individual properties and are known as the “Enhanced Benefits” for the purposes of this Report. The cost attributed to the Enhanced Benefits for curb, gutter, and sidewalk (including driveway portion) will be apportioned to each single-family home based on linear feet of new curb, gutter, and sidewalk directly abutting their property. In addition, 4- foot and/or 10-foot conform sections of existing driveways and walkways within public right-of-way measured from back of sidewalk toward the single-family homes will be replaced for certain parcels within the boundaries of the District to conform and match existing improvements. The replacement of these existing driveway and walkway conform sections within public right-of-way is also considered an Enhanced Benefit and is of sole benefit to each respective property. Therefore, there is no general benefit associated with the new driveway and walkway conform sections and the corresponding costs are apportioned to each single-family home based on square feet of new driveway and/or walkway conform area.

The Enhanced Benefits experienced by certain parcels within the benefit boundary of the District due to the installation of new curb, gutter, sidewalk, driveway, and walkway improvements along the frontage of their property are summarized below.  Improved ingress and egress to individual properties.  Added aesthetic benefit to individual properties.
 Deterrence from parking on frontage sidewalk and improved safeguard to individual properties.
 Reduced likelihood of financial obligation for property owners to repair sidewalks per California Streets and Highways Code Section 5610, which authorizes cities to recover the cost of repairing and maintaining sidewalks from the owners of property abutting the sidewalk.

Assessment Methodology and Calculation
The total estimated cost associated with the new curb, gutter, and sidewalk (including driveway portion) District Improvements is $1,945,751.70 as outlined in Part II of this Report. Of the total estimated cost, 2% or $38,915.03 is attributed to general benefit and will be paid by the City. Therefore, the net cost attributed to special benefit for parcels within the benefit boundary of the District is $1,906,836.67.

Each of the five Primary Benefits and each of the four Enhanced Benefits listed above is assigned one “Benefit Unit” related to the new curb, gutter, and sidewalk (including driveway portion) District Improvements. Therefore, properties within the benefit boundary of the District that do not abut new curb, gutter, and sidewalk (including driveway portion) District Improvements are assigned five (5) Benefit Units. Properties Packet Page 200
City of Newark
Area Improvement District No. 35 PART IV
11 within the benefit boundary of the District that abut new curb, gutter, and sidewalk (including driveway portion) District Improvements are assigned a total of nine (9) Benefit Units. Benefit Unit Assignments for both categories of single-family home parcels within the benefit boundary of the District is shown in Table 1.

Based on the Benefit Unit Assignments for curb, gutter, and sidewalk (including driveway portion) District Improvements shown in Table 1, a Benefit Unit Summary for the District is provided in Table 2 below.

Properties Not Abutting
Curb and Sidewalk
District Improvements
Properties Abutting
Curb and Sidewalk
District Improvements
Primary Benefits
11 11
11 11
1 1
55 Enhanced Benefits
01 01
01 0 1
04 59
Enhanced Benefit Units per Single-Family Home:

Total Benefit Units:

Improved ingress/egress to individual properties
Added aesthetic benefit to individual properties
Deterrence from parking on frontage sidewalk and improved safeguard to individual properties
Reduced likelihood of financial obligation to repair sidewalks per California Streets and Highways Code Section 5610
Primary Benefit Units per Single-Family Home:

Table 1. Benefit Unit Assignments for Curb and Sidewalk Improvements Benefit
Description
Benefit Units
Improved ingress/egress in neighborhood due to better localized drainage that will minimize likelihood of potholes and debris Improved neighborhood aesthetics due to increased lifespan of pavement
Improved neighborhood aesthetics due to added deterrence from parking on the sidewalk
Improved neighborhood safety due to increased lifespan of pavement (e.g., reduced risk of flat tires)
Improved walkability throughout the neighborhood due to continuous and well-maintained sidewalks
Description
Properties Not Abutting
Curb and Sidewalk
District Improvements
Properties Abutting
Curb and Sidewalk
District Improvements Totals
Number of Single-Family Home Parcels 27 121 148
Total Primary Benefit Units 135 605 740
Total Enhanced Benefit Units 0 484 484
Total Benefit Units 135 1,089 1,224
Table 2. Benefit Unit Summary for Curb and Sidewalk District Improvements Packet Page 201
City of Newark
Area Improvement District No. 35 PART IV
12 Based on the Benefit Unit Summary for curb, gutter, and sidewalk (including driveway portion) District Improvements provided in Table 2 above, the cost apportionment calculations for the Primary Benefits and Enhanced Benefits associated with the curb, gutter, and sidewalk (including driveway portion) District Improvements, and the assessment calculation for Primary Benefits and Enhanced Benefits attributed to curb, gutter, and sidewalk (including driveway portion) District Improvements for each parcel in the District is shown below. The linear feet of new curb and sidewalk for each parcel is shown in Appendix C of this Report.

The total estimated cost associated with the driveway and walkway conform District Improvements is $421,844.15 as outlined in Part II of this Report, none of which is attributed to general benefit. Therefore, 100% of the driveway and walkway conform District Improvements cost is of special benefit to each respective single-family home parcel within the boundaries of the District and assigned proportionately based on squarefootage of driveway and/or walkway conform attributed to each single-family home parcel.

Below is the assessment calculation for Enhanced Benefits attributed to the new driveway and walkway conform District Improvements. The square feet of new driveway and walkway conform area for each parcel is shown in Appendix C of this Report.

The incidental expenditures and financing costs shown in Part II of this Report will be assigned to each parcel based on a prorated share of the estimated construction costs for the District Improvements assigned to each parcel.

The total assessment for each single-family home parcel in the District is calculated as follows:

Total Assessment = Primary Benefit Assessment + Enhanced Benefit Assessment for New Curb, Gutter, and Sidewalk + Enhanced Benefit Assessment for New Driveway and Walkway Conforms + Share of Incidental Expenses + Share of Financing Costs Property owners may apply with the City for deferment of all or a portion of their Total Assessment for their respective parcel(s) by providing evidence of eligibility per Appendix D (Property Owner Assistance Program) of this Report.

Cost per Benefit Unit = $1,906,836.67 / 1,224 = $1,557.87 Total Cost Attributed to Primary Benefits = $1,557.87 * 740 = $1,152,826.09 Primary Benefit Assessment per Single-Family Home = $1,152,826.09 / 148 = $7,789.37 Total Cost Attributed to Curb/Sidewalk Enhanced Benefits = $1,557.87 * 484 = $754,010.58 Linear Feet (LF) of Curb/Sidewalk District Improvements = 7,629 Enhanced Benefit Assessment per LF of Curb/Sidewalk = $754,010.58 / 7,629 = $98.83 Total Cost Attributed to Driveway/Walkway Enhanced Benefits = $421,844.15 Square Feet (SQ FT) of Driveway/Walkway District Improvements = 12,648.50 Enhanced Benefit Assessment per SQ FT of Driveway/Walkway = $421,844.15 / 12,648.50 = $33.35 Packet Page 202
City of Newark
Area Improvement District No. 35 PART V
13 PART V

ANNUAL ADMINISTRATIVE ASSESSMENT
A proposed maximum annual administrative assessment shall be levied on each parcel of land within the District to pay for necessary costs and expenses incurred by the City, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds. The maximum assessment authorized to be collected annually for administration of the District and associated debt is $20,000 (in Fiscal Year 2022-23 dollars) per year. The maximum assessment to be collected annually by the District is subject to an annual increase of the All Urban Consumers, San Francisco-OaklandHayward, CA area Consumer Price Index (CPI), during the preceding year ending in December. The exact amount of the administration charge will be established each year by the Superintendent of Streets based on the budgetary needs for the ensuing fiscal year.

The annual administrative assessment will be collected in the same manner and at the same time as the assessment levied to pay for the cost of the District Improvements.

Packet Page 203
City of Newark
Area Improvement District No. 35 PART VI
14 PART VI

BONDS AND DEBT LIMIT VALUATION
Bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the “Improvement Bond Act of 1915”), to represent all unpaid assessments, which bonds shall be issued in one or more series, each with a term not to exceed the legal maximum term as authorized by law of thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the legal maximum rate of 12% per annum.

As required by the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, the total amount of the principal sum of the proposed District assessments to be levied, together with the principal amount of previously levied special assessments, as set forth in the table below, do not exceed one-half (1/2) the total true value of the District parcels proposed to be assessed, and the amount proposed to be assessed upon any parcel does not exceed one-half of the true value of the parcel as shown in Appendix C (Assessment Roll) of this Report.
*Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the pending District proceedings. **True Value of the District Parcels means the total value of the land and improvements as shown on the last equalized roll of Alameda County.

Total Principal Sum for the District $2,862,055
Unpaid Special Assessments* $0
Total True Value of the District Parcels** $63,868,215
Average Value to Lien Ratio 22:1
Debt Limit Valuation
Packet Page 204
City of Newark
Area Improvement District No. 35 APPENDIX A

APPENDIX A
Benefit Boundary and Improvement Diagram
Packet Page 205
Cherry St
Magnolia St
Olive St
Mulberry St
George Ave
Dairy Ave
Sycamore St
George Ave ends in a cul-de-sac and
does not go through to Sycamore St.

Magnolia St and Olive St end in cul-de-sacs
and do not go through to Thornton Ave.

Thornton Ave
APNs 092 -0026-013, 092 -0027-013, 092 -0027-018,
and 092 -0028-017 are within the boundaries of another
City of Newark area improvement district. Therefore,
the amount attributed to special benefit for these
parcels will be paid by the City and the parcels will be excluded from the District's assessment boundary.

Legend
Proposed Curb and Sidewalk Improvements
Parcels that Abut Curb and Sidewalk District Improvements and have Driveway and/or Walkway District Improvements Parcels that Abut Curb and Sidewalk District Improvements Parcels that Do Not Abut Curb and Sidewalk District Improvements Area Improvement District No. 35 Benefit Boundary
±
City of Newark - Area Improvement District No. 35
Benefit Boundary and Improvement Diagram
Packet Page 206
City of Newark
Area Improvement District No. 35 APPENDIX B

APPENDIX B
Right-of-Way Certificate
Packet Page 207
City of Newark
Area Improvement District No. 35 APPENDIX B
Right-of-Way Certificate

STATE OF CALIFORNIA

COUNTY OF ALAMEDA

CITY OF NEWARK
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct.

That at the time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed CITY ENGINEER of the CITY OF NEWARK, CALIFORNIA.

That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the “Municipal Improvements Act of 1913,” being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as AREA IMPROVEMENT DISTRICT NO. 35 (hereinafter referred to as the “Area Improvement District”).

THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:

All easements or right-of-way necessary for the construction and installation of the public improvements of the Area Improvement District either have been obtained or are in process of being obtained and will be obtained and in the possession of the City, the County of Alameda, or the State of California prior to commencement of the construction and installation of such public improvements.

EXECUTED this ________ day of ____________, 2023, at CITY OF NEWARK, CALIFORNIA.

CITY ENGINEER

CITY OF NEWARK

STATE OF CALIFORNIA
By: _____________________________
Soren Fajeau, P.E.

Packet Page 208
City of Newark
Area Improvement District No. 35 APPENDIX C

APPENDIX C
Assessment Roll
Packet Page 209
Assessor's
Parcel
Number
Property
Address
Primary Benefit for
Curb and Sidewalk
District Improvements Cost
Frontage to
Curb and Sidewalk
District Improvements
(Linear Feet)
Enhanced Benefit for
Curb and Sidewalk
District Improvements Cost
Driveway and Walkway
Conform District
Improvements
(Square Feet)
Enhanced Benefit for
Driveway and
Walkway Conform
District Improvements Cost
Total District
Improvements
Cost
Incidental
Expenses
Financing
Cost
Total
Assessment
as Preliminarily
Approved
Total
Assessment
as Confirmed
and Recorded
Total
True
Value
Value to
Lien Ratio
092 -0001-016-00 6507 GEORGE AVE $7,789.37 66 $6,523.10 86.0 $2,868.21 $17,180.67 $848.45 $3,103.67 $21,132.80 $283,684 13092 -0001-017-00 6523 GEORGE AVE $7,789.37 50 $4,941.74 92.0 $3,068.32 $15,799.43 $780.24 $2,854.15 $19,433.82 $391,030 20 092 -0001-018-00 6539 GEORGE AVE $7,789.37 50 $4,941.74 64.0 $2,134.48 $14,865.59 $734.12 $2,685.45 $18,285.17 $313,643 17 092 -0001-019-00 6555 GEORGE AVE $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $161,618 9 092 -0001-020-00 6619 GEORGE AVE $7,789.37 50 $4,941.74 72.0 $2,401.29 $15,132.40 $747.30 $2,733.65 $18,613.35 $141,826 8 092 -0001-021-00 6635 GEORGE AVE $7,789.37 50 $4,941.74 140.0 $4,669.18 $17,400.29 $859.30 $3,143.35 $21,402.93 $76,198 4092 -0001-022-00 6651 GEORGE AVE $7,789.37 50 $4,941.74 170.0 $5,669.72 $18,400.83 $908.71 $3,324.09 $22,633.63 $302,990 13 092 -0001-023-00 36598 MULBERRY ST $7,789.37 231 $22,830.84 400.0 $13,340.53 $43,960.73 $2,170.96 $7,941.46 $54,073.16 $754,603 14 092 -0001-024-00 36584 MULBERRY ST $7,789.37 50 $4,941.74 162.0 $5,402.91 $18,134.02 $895.53 $3,275.89 $22,305.45 $593,639 27092 -0001-025-00 36576 MULBERRY ST $7,789.37 23 $2,273.20 0 $0.00 $10,062.57 $496.93 $1,817.79 $12,377.29 $71,073 6092 -0001-026-00 36568 MULBERRY ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $499,356 52 092 -0001-027-00 36560 MULBERRY ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $840,935 88092 -0001-028-00 36552 MULBERRY ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $425,855 44092 -0001-029-01 36544 MULBERRY ST $7,789.37 53 $5,238.24 341.0 $11,372.80 $24,400.41 $1,204.99 $4,407.91 $30,013.31 $374,412 12 092 -0001-030-09 36528 MULBERRY ST $7,789.37 70 $6,918.43 307.0 $10,238.85 $24,946.66 $1,231.97 $4,506.59 $30,685.22 $354,823 12 092 -0005-005-06 36527 MULBERRY ST $7,789.37 15 $1,482.52 150.0 $5,002.70 $14,274.58 $704.94 $2,578.69 $17,558.21 $826,287 47092 -0005-006-00 36535 MULBERRY ST $7,789.37 50 $4,941.74 167.5 $5,586.35 $18,317.45 $904.59 $3,309.03 $22,531.07 $388,294 17092 -0005-007-00 36543 MULBERRY ST $7,789.37 53 $5,238.24 185.0 $6,169.99 $19,197.60 $948.06 $3,468.03 $23,613.69 $247,990 11092 -0005-008-00 36551 MULBERRY ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $363,807 38092 -0005-009-00 36559 MULBERRY ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $675,176 70092 -0005-010-00 36567 MULBERRY ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $450,030 47092 -0005-011-00 36575 MULBERRY ST $7,789.37 23 $2,273.20 70.0 $2,334.59 $12,397.16 $612.22 $2,239.53 $15,248.92 $655,083 43 092 -0005-012-00 36583 MULBERRY ST $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $155,916 8092 -0005-015-00 6733 GEORGE AVE $7,789.37 50 $4,941.74 78.0 $2,601.40 $15,332.51 $757.18 $2,769.80 $18,859.49 $474,558 25 092 -0005-016-00 6745 GEORGE AVE $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $292,966 15 092 -0005-017-00 6757 GEORGE AVE $7,789.37 50 $4,941.74 100.0 $3,335.13 $16,066.24 $793.42 $2,902.35 $19,762.01 $266,878 14 092 -0005-018-00 6769 GEORGE AVE $7,789.37 128 $12,650.85 0 $0.00 $20,440.22 $1,009.42 $3,692.51 $25,142.15 $446,537 18 092 -0005-019-00 36656 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $986,414 103092 -0005-020-00 36644 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $469,948 49092 -0005-021-00 36632 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $1,009,800 105092 -0005-022-00 36620 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $328,000 34092 -0005-023-00 36568 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $394,361 41092 -0005-024-00 36556 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $619,102 65092 -0005-025-00 36544 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $279,085 29092 -0005-030-00 36548 SYCAMORE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $260,383 27 092 -0005-032-00 36591 MULBERRY ST $7,789.37 50 $4,941.74 114.0 $3,802.05 $16,533.16 $816.48 $2,986.70 $20,336.33 $872,470 43092 -0005-033-00 6709 GEORGE AVE $7,789.37 181 $17,889.10 128.0 $4,268.97 $29,947.43 $1,478.93 $5,409.98 $36,836.33 $762,097 21092 -0005-034-00 6721 GEORGE AVE $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $945,046 50 092 -0005-035-00 36530 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $326,884 34092 -0005-036-00 36532 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $1,173,102 122092 -0010-001-02 36529 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $537,335 56092 -0010-003-03 36533 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $497,466 52092 -0010-004-00 36545 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $474,356 50092 -0010-005-00 36557 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $346,723 36092 -0010-006-00 36569 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $71,319 7092 -0010-007-00 36623 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $464,133 48092 -0010-008-00 36627 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $761,340 79092 -0010-009-00 36643 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $527,967 55092 -0010-010-00 36655 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $875,277 91092 -0010-011-00 6811 GEORGE AVE $7,789.37 128 $12,650.85 40.0 $1,334.05 $21,774.27 $1,075.30 $3,933.50 $26,783.08 $622,923 23 092 -0010-012-00 6827 GEORGE AVE $7,789.37 50 $4,941.74 88.0 $2,934.92 $15,666.02 $773.65 $2,830.05 $19,269.73 $105,009 5 092 -0010-013-00 6843 GEORGE AVE $7,789.37 50 $4,941.74 84.0 $2,801.51 $15,532.62 $767.07 $2,805.95 $19,105.63 $754,350 39 092 -0010-014-00 6859 GEORGE AVE $7,789.37 50 $4,941.74 40.0 $1,334.05 $14,065.16 $694.60 $2,540.86 $17,300.61 $742,003 43 092 -0010-015-00 6937 GEORGE AVE $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $53,496 3092 -0010-016-00 36672 MAGNOLIA ST $7,789.37 180 $17,790.26 170.0 $5,669.72 $31,249.35 $1,543.22 $5,645.17 $38,437.74 $140,201 4 092 -0010-017-00 36664 MAGNOLIA ST $7,789.37 50 $4,941.74 66.0 $2,201.19 $14,932.29 $737.42 $2,697.50 $18,367.22 $166,149 9092 -0010-018-00 36656 MAGNOLIA ST $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $824,448 45 092 -0010-019-00 36648 MAGNOLIA ST $7,789.37 50 $4,941.74 50.0 $1,667.57 $14,398.67 $711.07 $2,601.11 $17,710.84 $775,200 44 092 -0010-020-00 36640 MAGNOLIA ST $7,789.37 50 $4,941.74 192.0 $6,403.45 $19,134.56 $944.94 $3,456.64 $23,536.14 $405,970 17092 -0010-021-00 36632 MAGNOLIA ST $7,789.37 50 $4,941.74 188.0 $6,270.05 $19,001.15 $938.36 $3,432.54 $23,372.05 $321,513 14092 -0010-022-00 36624 MAGNOLIA ST $7,789.37 50 $4,941.74 60.0 $2,001.08 $14,732.18 $727.54 $2,661.36 $18,121.08 $318,291 18 C‐1
Packet Page 210
Assessor's
Parcel
Number
Property
Address
Primary Benefit for
Curb and Sidewalk
District Improvements Cost
Frontage to
Curb and Sidewalk
District Improvements
(Linear Feet)
Enhanced Benefit for
Curb and Sidewalk
District Improvements Cost
Driveway and Walkway
Conform District
Improvements
(Square Feet)
Enhanced Benefit for
Driveway and
Walkway Conform
District Improvements Cost
Total District
Improvements
Cost
Incidental
Expenses
Financing
Cost
Total
Assessment
as Preliminarily
Approved
Total
Assessment
as Confirmed
and Recorded
Total
True
Value
Value to
Lien Ratio
092 -0010-023-00 36592 SYCAMORE ST $7,789.37 12 $1,186.02 0 $0.00 $8,975.38 $443.24 $1,621.39 $11,040.02 $53,138 5 092 -0023-001-00 36647 MAGNOLIA ST $7,789.37 150 $14,825.22 72.0 $2,401.29 $25,015.88 $1,235.39 $4,519.09 $30,770.36 $237,873 8 092 -0023-002-00 36655 MAGNOLIA ST $7,789.37 50 $4,941.74 60.0 $2,001.08 $14,732.18 $727.54 $2,661.36 $18,121.08 $403,811 22 092 -0023-003-00 36663 MAGNOLIA ST $7,789.37 50 $4,941.74 70.0 $2,334.59 $15,065.70 $744.01 $2,721.60 $18,531.31 $950,000 51 092 -0023-004-00 36671 MAGNOLIA ST $7,789.37 176 $17,394.92 158.0 $5,269.51 $30,453.80 $1,503.94 $5,501.45 $37,459.18 $369,571 10092 -0023-005-00 7049 GEORGE AVE $7,789.37 56 $5,534.75 80.0 $2,668.11 $15,992.22 $789.76 $2,888.98 $19,670.96 $278,136 14 092 -0023-006-00 7135 GEORGE AVE $7,789.37 56 $5,534.75 190.5 $6,353.43 $19,677.54 $971.76 $3,554.73 $24,204.03 $287,822 12 092 -0025-002-00 7240 GEORGE AVE $7,789.37 50 $4,941.74 108.5 $3,618.62 $16,349.72 $807.42 $2,953.56 $20,110.70 $535,974 27 092 -0025-003-00 7152 GEORGE AVE $7,789.37 50 $4,941.74 92.0 $3,068.32 $15,799.43 $780.24 $2,854.15 $19,433.82 $147,710 8 092 -0025-005-00 7136 GEORGE AVE $7,789.37 50 $4,941.74 84.0 $2,801.51 $15,532.62 $767.07 $2,805.95 $19,105.63 $759,900 40 092 -0025-006-00 7048 GEORGE AVE $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $51,983 3092 -0025-007-00 36703 MAGNOLIA ST $7,789.37 197 $19,470.45 274.0 $9,138.26 $36,398.08 $1,797.49 $6,575.28 $44,770.85 $552,255 12 092 -0025-008-00 36715 MAGNOLIA ST $7,789.37 50 $4,941.74 190.0 $6,336.75 $19,067.86 $941.65 $3,444.59 $23,454.10 $814,753 35092 -0025-009-00 36727 MAGNOLIA ST $7,789.37 50 $4,941.74 48.0 $1,600.86 $14,331.97 $707.77 $2,589.06 $17,628.80 $257,824 15 092 -0025-010-00 36739 MAGNOLIA ST $7,789.37 50 $4,941.74 108.0 $3,601.94 $16,333.05 $806.59 $2,950.55 $20,090.19 $65,152 3 092 -0025-011-00 36751 MAGNOLIA ST $7,789.37 50 $4,941.74 84.0 $2,801.51 $15,532.62 $767.07 $2,805.95 $19,105.63 $65,963 3 092 -0025-012-00 36763 MAGNOLIA ST $7,789.37 50 $4,941.74 84.0 $2,801.51 $15,532.62 $767.07 $2,805.95 $19,105.63 $202,269 11 092 -0025-013-00 36775 MAGNOLIA ST $7,789.37 50 $4,941.74 120.0 $4,002.16 $16,733.26 $826.36 $3,022.85 $20,582.47 $788,376 38092 -0025-014-00 36787 MAGNOLIA ST $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $594,177 32 092 -0025-015-00 36793 MAGNOLIA ST $7,789.37 50 $4,941.74 76.0 $2,534.70 $15,265.80 $753.89 $2,757.75 $18,777.45 $65,687 3 092 -0026-001-00 6844 GEORGE AVE $7,789.37 50 $4,941.74 44.0 $1,467.46 $14,198.56 $701.18 $2,564.96 $17,464.70 $56,626 3092 -0026-002-00 6828 GEORGE AVE $7,789.37 50 $4,941.74 110.0 $3,668.65 $16,399.75 $809.89 $2,962.60 $20,172.24 $971,000 48 092 -0026-003-00 36701 OLIVE ST $7,789.37 197 $19,470.45 340.0 $11,339.45 $38,599.27 $1,906.19 $6,972.92 $47,478.38 $885,839 19092 -0026-004-00 36709 OLIVE ST $7,789.37 50 $4,941.74 280.0 $9,338.37 $22,069.47 $1,089.88 $3,986.83 $27,146.19 $688,151 25 092 -0026-005-00 36717 OLIVE ST $7,789.37 50 $4,941.74 255.0 $8,504.59 $21,235.69 $1,048.71 $3,836.21 $26,120.61 $657,982 25 092 -0026-006-00 36725 OLIVE ST $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $62,405 3 092 -0026-007-00 36733 OLIVE ST $7,789.37 50 $4,941.74 64.0 $2,134.48 $14,865.59 $734.12 $2,685.45 $18,285.17 $922,083 50 092 -0026-008-00 36741 OLIVE ST $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $173,086 9 092 -0026-009-00 36749 OLIVE ST $7,789.37 50 $4,941.74 106.0 $3,535.24 $16,266.34 $803.30 $2,938.50 $20,008.14 $722,374 36 092 -0026-010-00 36757 OLIVE ST $7,789.37 50 $4,941.74 40.0 $1,334.05 $14,065.16 $694.60 $2,540.86 $17,300.61 $519,817 30 092 -0026-011-00 36765 OLIVE ST $7,789.37 50 $4,941.74 72.0 $2,401.29 $15,132.40 $747.30 $2,733.65 $18,613.35 $244,071 13 092 -0026-012-00 36773 OLIVE ST $7,789.37 65 $6,424.26 106.0 $3,535.24 $17,748.87 $876.51 $3,206.32 $21,831.70 $157,626 7 092 -0026-013-00* 6815 DAIRY AVE $7,789.37 7 $691.84 0 $0.00 $8,481.21 $418.84 $1,532.12 $10,432.17 $40,200 4 092 -0026-019-00 36792 MAGNOLIA ST $7,789.37 50 $4,941.74 44.0 $1,467.46 $14,198.56 $701.18 $2,564.96 $17,464.70 $212,046 12 092 -0026-020-00 36786 MAGNOLIA ST $7,789.37 50 $4,941.74 72.0 $2,401.29 $15,132.40 $747.30 $2,733.65 $18,613.35 $346,644 19 092 -0026-021-00 36774 MAGNOLIA ST $7,789.37 50 $4,941.74 60.0 $2,001.08 $14,732.18 $727.54 $2,661.36 $18,121.08 $775,000 43 092 -0026-022-00 36762 MAGNOLIA ST $7,789.37 50 $4,941.74 64.0 $2,134.48 $14,865.59 $734.12 $2,685.45 $18,285.17 $342,995 19 092 -0026-023-00 36750 MAGNOLIA ST $7,789.37 50 $4,941.74 56.0 $1,867.67 $14,598.78 $720.95 $2,637.26 $17,956.98 $110,514 6092 -0026-024-00 36738 MAGNOLIA ST $7,789.37 50 $4,941.74 76.0 $2,534.70 $15,265.80 $753.89 $2,757.75 $18,777.45 $279,308 15 092 -0026-025-00 36726 MAGNOLIA ST $7,789.37 50 $4,941.74 96.0 $3,201.73 $15,932.83 $786.83 $2,878.25 $19,597.91 $317,601 16 092 -0026-026-00 36704 MAGNOLIA ST $7,789.37 50 $4,941.74 110.0 $3,668.65 $16,399.75 $809.89 $2,962.60 $20,172.24 $713,920 35092 -0026-027-00 6954 GEORGE AVE $7,789.37 197 $19,470.45 112.0 $3,735.35 $30,995.17 $1,530.67 $5,599.25 $38,125.08 $251,980 7 092 -0026-028-00 6938 GEORGE AVE $7,789.37 50 $4,941.74 72.0 $2,401.29 $15,132.40 $747.30 $2,733.65 $18,613.35 $53,600 3092 -0026-029-00 6922 GEORGE AVE $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $376,038 20 092 -0027-001-00 6734 GEORGE AVE $7,789.37 50 $4,941.74 56.0 $1,867.67 $14,598.78 $720.95 $2,637.26 $17,956.98 $450,347 25 092 -0027-002-00 6722 GEORGE AVE $7,789.37 50 $4,941.74 40.0 $1,334.05 $14,065.16 $694.60 $2,540.86 $17,300.61 $956,564 55 092 -0027-003-00 6710 GEORGE AVE $7,789.37 196 $19,371.62 40.0 $1,334.05 $28,495.04 $1,407.20 $5,147.60 $35,049.84 $159,503 5 092 -0027-004-00 36607 MULBERRY ST $7,789.37 50 $4,941.74 52.0 $1,734.27 $14,465.37 $714.36 $2,613.16 $17,792.89 $54,986 3 092 -0027-005-00 36623 MULBERRY ST $7,789.37 50 $4,941.74 48.0 $1,600.86 $14,331.97 $707.77 $2,589.06 $17,628.80 $174,270 10 092 -0027-006-00 36639 MULBERRY ST $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $496,701 27 092 -0027-007-00 36655 MULBERRY ST $7,789.37 50 $4,941.74 80.0 $2,668.11 $15,399.21 $760.48 $2,781.85 $18,941.54 $69,340 4 092 -0027-008-00 36705 MULBERRY ST $7,789.37 50 $4,941.74 66.0 $2,201.19 $14,932.29 $737.42 $2,697.50 $18,367.22 $248,361 14 092 -0027-009-00 36721 MULBERRY ST $7,789.37 50 $4,941.74 82.0 $2,734.81 $15,465.91 $763.77 $2,793.90 $19,023.59 $58,683 3 092 -0027-010-00 36737 MULBERRY ST $7,789.37 50 $4,941.74 160.0 $5,336.21 $18,067.32 $892.24 $3,263.84 $22,223.40 $328,318 15092 -0027-011-00 36753 MULBERRY ST $7,789.37 50 $4,941.74 82.0 $2,734.81 $15,465.91 $763.77 $2,793.90 $19,023.59 $575,034 30 092 -0027-012-00 36769 MULBERRY ST $7,789.37 50 $4,941.74 96.0 $3,201.73 $15,932.83 $786.83 $2,878.25 $19,597.91 $816,000 42 092 -0027-013-00* 6707 DAIRY AVE $7,789.37 12 $1,186.02 0 $0.00 $8,975.38 $443.24 $1,621.39 $11,040.02 $400,428 36092 -0027-018-00* 36782 OLIVE ST $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $246,642 26 092 -0027-019-00 36774 OLIVE ST $7,789.37 47 $4,645.23 118.0 $3,935.46 $16,370.06 $808.42 $2,957.24 $20,135.71 $355,067 18 092 -0027-020-00 36766 OLIVE ST $7,789.37 50 $4,941.74 40.0 $1,334.05 $14,065.16 $694.60 $2,540.86 $17,300.61 $475,650 27 092 -0027-021-00 36758 OLIVE ST $7,789.37 50 $4,941.74 40.0 $1,334.05 $14,065.16 $694.60 $2,540.86 $17,300.61 $440,139 25 C‐2
Packet Page 211
Assessor's
Parcel
Number
Property
Address
Primary Benefit for
Curb and Sidewalk
District Improvements Cost
Frontage to
Curb and Sidewalk
District Improvements
(Linear Feet)
Enhanced Benefit for
Curb and Sidewalk
District Improvements Cost
Driveway and Walkway
Conform District
Improvements
(Square Feet)
Enhanced Benefit for
Driveway and
Walkway Conform
District Improvements Cost
Total District
Improvements
Cost
Incidental
Expenses
Financing
Cost
Total
Assessment
as Preliminarily
Approved
Total
Assessment
as Confirmed
and Recorded
Total
True
Value
Value to
Lien Ratio
092 -0027-022-00 36750 OLIVE ST $7,789.37 50 $4,941.74 88.0 $2,934.92 $15,666.02 $773.65 $2,830.05 $19,269.73 $567,132 29 092 -0027-023-00 36742 OLIVE ST $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $307,383 17 092 -0027-024-00 36734 OLIVE ST $7,789.37 50 $4,941.74 76.0 $2,534.70 $15,265.80 $753.89 $2,757.75 $18,777.45 $396,162 21 092 -0027-025-00 36726 OLIVE ST $7,789.37 50 $4,941.74 128.0 $4,268.97 $17,000.07 $839.53 $3,071.05 $20,910.66 $276,455 13 092 -0027-026-00 36718 OLIVE ST $7,789.37 50 $4,941.74 230.0 $7,670.80 $20,401.91 $1,007.53 $3,685.59 $25,095.02 $468,547 19 092 -0027-027-00 36710 OLIVE ST $7,789.37 50 $4,941.74 210.0 $7,003.78 $19,734.88 $974.59 $3,565.09 $24,274.56 $617,301 25 092 -0027-028-00 36702 OLIVE ST $7,789.37 196 $19,371.62 180.0 $6,003.24 $33,164.22 $1,637.79 $5,991.09 $40,793.09 $312,730 8092 -0027-029-00 6758 GEORGE AVE $7,789.37 50 $4,941.74 72.0 $2,401.29 $15,132.40 $747.30 $2,733.65 $18,613.35 $279,085 15 092 -0027-030-00 6746 GEORGE AVE $7,789.37 50 $4,941.74 112.0 $3,735.35 $16,466.45 $813.18 $2,974.65 $20,254.28 $559,981 28 092 -0028-001-00 6556 GEORGE AVE $7,789.37 50 $4,941.74 48.0 $1,600.86 $14,331.97 $707.77 $2,589.06 $17,628.80 $463,631 26 092 -0028-002-00 6540 GEORGE AVE $7,789.37 50 $4,941.74 64.0 $2,134.48 $14,865.59 $734.12 $2,685.45 $18,285.17 $384,648 21 092 -0028-003-00 6524 GEORGE AVE $7,789.37 50 $4,941.74 84.0 $2,801.51 $15,532.62 $767.07 $2,805.95 $19,105.63 $1,050,000 55092 -0028-004-00 6508 GEORGE AVE $7,789.37 70 $6,918.43 40.0 $1,334.05 $16,041.85 $792.21 $2,897.95 $19,732.01 $800,000 41 092 -0028-017-00* 6661 DAIRY AVE $7,789.37 0 $0.00 0 $0.00 $7,789.37 $384.67 $1,407.14 $9,581.18 $217,675 23 092 -0028-018-00 36754 MULBERRY ST $7,789.37 50 $4,941.74 48.0 $1,600.86 $14,331.97 $707.77 $2,589.06 $17,628.80 $50,135 3 092 -0028-019-00 36738 MULBERRY ST $7,789.37 50 $4,941.74 74.0 $2,468.00 $15,199.10 $750.60 $2,745.70 $18,695.40 $710,859 38 092 -0028-020-00 36722 MULBERRY ST $7,789.37 50 $4,941.74 290.0 $9,671.88 $22,402.99 $1,106.35 $4,047.08 $27,556.42 $888,484 32 092 -0028-021-00 36706 MULBERRY ST $7,789.37 50 $4,941.74 108.0 $3,601.94 $16,333.05 $806.59 $2,950.55 $20,090.19 $791,373 39092 -0028-022-00 36656 MULBERRY ST $7,789.37 50 $4,941.74 56.0 $1,867.67 $14,598.78 $720.95 $2,637.26 $17,956.98 $254,885 14 092 -0028-023-00 36640 MULBERRY ST $7,789.37 50 $4,941.74 108.0 $3,601.94 $16,333.05 $806.59 $2,950.55 $20,090.19 $323,814 16092 -0028-024-00 36624 MULBERRY ST $7,789.37 50 $4,941.74 64.0 $2,134.48 $14,865.59 $734.12 $2,685.45 $18,285.17 $288,284 16 092 -0028-025-00 36608 MULBERRY ST $7,789.37 50 $4,941.74 68.0 $2,267.89 $14,998.99 $740.71 $2,709.55 $18,449.26 $233,913 13 092 -0028-026-00 36602 MULBERRY ST $7,789.37 194 $19,173.95 210.0 $7,003.78 $33,967.09 $1,677.44 $6,136.12 $41,780.65 $104,552 3 092 -0028-027-00 6652 GEORGE AVE $7,789.37 50 $4,941.74 140.0 $4,669.18 $17,400.29 $859.30 $3,143.35 $21,402.93 $266,301 12 092 -0028-028-00 6636 GEORGE AVE $7,789.37 50 $4,941.74 150.0 $5,002.70 $17,733.80 $875.77 $3,203.59 $21,813.17 $459,959 21 092 -0028-029-00 6620 GEORGE AVE $7,789.37 50 $4,941.74 150.0 $5,002.70 $17,733.80 $875.77 $3,203.59 $21,813.17 $84,245 4 Totals: $1,152,826.09 7,629 $754,010.58 12,648.5 $421,844.15 $2,328,680.82 $115,000.00 $420,674.00 $2,864,354.83 *These parcels receive a special and direct benefit from the District Improvements and have been assigned an assessment. However, they are excluded from the District boundary because they are included in another City Assessment District. The City will pay the AID No. 35 assessment assigned to these parcels.

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City of Newark
Area Improvement District No. 35 APPENDIX D

APPENDIX D
Property Owner Assistance Program
Packet Page 213
City of Newark
Area Improvement District No. 35 APPENDIX D
The Newark City Council approved a Property Owner Assistance Program on January 26, 2023 to assist senior and low-income property owners with respect to City-sponsored assessment district assessments levied against their properties. This program will only be made available to defer payment of assessments for owner-occupied properties. To qualify for the program, property owners must submit an application to the City for approval with evidence of eligibility in accordance with at least one of the criteria described below. Property owners may qualify for deferment of the full assessment amount, or a portion of the assessment, depending on which criteria are met. The application period for Area Improvement District No. 35 will commence on January 27, 2023 and completed applications must be received by April 24, 2023. For qualifying applicants, payment of the applicable assessment amount can be deferred interest-free to the time of the next sale or transfer of the property for which their application was submitted. To proceed with the deferment, qualifying applicants must provide a lien on their property to the City confirming that full payment of the outstanding balance for their property will be due and paid at the time of the next sale or transfer of their property.

Property Owner Assistance Program Eligibility Criteria
For an applicant to qualify for deferment of the entire assessment levied, the City must determine the property is owner-occupied and the supporting documentation demonstrates proof of at least one of the following:
 At least one property owner on title is 65 years of age or older on or before the application deadline of April 24, 2023.
 At least one property owner on title is permanently disabled and receiving disability benefits from Social Security, Workers Compensation, or an equivalent agency.  Household income earned, pursuant to income taxes filed for calendar year 2022, by the household that both owns and occupies the property for which the application is submitted is equal to or lower than the amount designated as a lowincome household for Alameda County based on the number of household members, pursuant to the Official State Income Limits published by the California State Department of Housing and Community Development on an annual basis.

For an applicant to qualify for deferment of a certain limited portion of the assessment levied, the City must determine the property is owner-occupied and the following is true:
 The property for which the application is submitted must have a total assigned assessment of at least 25% above the average assessment of $19,353.75 for Area Improvement District No. 35, i.e., the total assigned assessment must be $24,192.19 or higher. For qualifying properties, the portion of the total assigned assessment above the average assessment can be deferred until the sale or transfer of the property for which the application is submitted.

If you have any questions regarding the deferment program for Area Improvement District No. 35, please contact the City’s Public Works department at (510) 578-4589.

Packet Page 214
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A POLICY FOR A PROPERTY

OWNER ASSISTANCE PROGRAM FOR CITY-SPONSORED

ASSESSMENT DISTRICTS
WHEREAS, from time to time the City forms assessment districts, as authorized under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the “Act”); and
WHEREAS, the City desires to adopt a policy to provide financial assistance to senior and low-income households (the “Applicants”) with respect to deferring an assessment adopted pursuant to the Act until sale of the Applicants property (the “Assistance Program”); and WHEREAS, the City has prepared a policy, a copy of which is on file with the City Clerk (the “Policy”) with respect to the Assistance Program; and WHEREAS, the Policy requires the Applicants to provide the City with a lien on their property to ensure payment of the assessment at time of sale of the Applicants’ property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby resolves that the above recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby approves the Policy, substantially in the form on file with the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is authorized to establish further guidelines as needed related to the approval of the Policy, included but not limited to the creation of an application for the Assistance Program and documents requiring Applicants to provide a lien on their property to the City.

BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions and approve all documents that are consistent with this Resolution and approved by the City Attorney.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
5267077.1
Packet Page 215

CITY OF NEWARK

37101 Newark Boulevard, Newark, CA 94560 www.newark.org

POLICY FOR PROPERTY OWNER ASSISTANCE PROGRAM

FOR CITY-SPONSORED ASSESSMENT DISTRICTS

ASSESSMENT DISTRICT BACKGROUND
The Municipal Improvements Act of 1913 allows local government to finance the costs and expenses of certain capital facilities within or along its streets or any public right of way or easement. Historically, the City of Newark has used assessment districts to allow property owners to partially fund roadway and frontage improvements within neighborhoods that were built prior to the City’s incorporation. Pursuant to the Municipal Improvement Act of 1913 and Article XIIID of the State Constitution (Proposition 218), the levy of an assessment on real property for capital improvements must be based on the special benefit conferred on the property the construction of the proposed improvements. Proposition 218 further states that the amount of the assessment on any particular parcel may not exceed the reasonable cost attributed to the proportional special benefit conferred upon that parcel.

PROPERTY OWNER ASSESSMENT ASSISTANCE
The Newark City Council is providing this payment deferment program to assist senior and low-income property owners with respect to City-sponsored assessment district payments levied against their properties. For qualifying applicants, payment of the applicable assessment can be deferred interest-free until the sale or transfer of the property for which their application is submitted. This program is only available to defer payment of assessments for owner-occupied properties. To qualify for the deferment program, property owners must submit an application to the City with evidence of eligibility in accordance with at least one of the criteria described below. To proceed with the deferment, qualifying applicants must sign an agreement acknowledging that full payment of the outstanding balance for their property is due and payable at the time of the sale or transfer of their property and must provide a lien on the property to the City.

DEFERMENT PROGRAM ELIGIBILITY CRITERIA
❖ Full Assessment Deferment Program
For an applicant to qualify for deferment of the entire assessment levied, the following applies:
➢ The property is owner-occupied; and
The supporting documentation demonstrates proof of at least one of the following:
➢ At least one property owner on title is 65 years of age or older on or before the applicable application deadline.
➢ At least one property owner on title is permanently disabled and receiving disability benefits from Social Security, Workers Compensation, or an equivalent agency.

Packet Page 216

CITY OF NEWARK

37101 Newark Boulevard, Newark, CA 94560 www.newark.org ➢ Household income earned, pursuant to income taxes filed for the preceding calendar year, by the household that both owns and occupies the property for which the application is submitted is equal to or lower than the amount designated as a low-income household for Alameda County based on the number of household members, pursuant to the Official State Income Limits published by the California State Department of Housing and Community Development on an annual basis. ❖ Partial Assessment Deferment Program
For an applicant to qualify for deferment of a portion of the assessment levied, the following applies:
➢ The property is owner-occupied; and
➢ The property for which the application is submitted must have a total assigned assessment of at least 25% above the average assessment levied in the Area Improvement District (as defined and set forth in the engineer’s report for such improvement district). For qualifying properties, the portion of the total assigned assessment above the average assessment can be deferred until the sale or transfer of the property for which the application is submitted.

SUBMITTAL OF APPLICATION
Applications for the Assessment District Assistance Program may be submitted electronically or in person to the Public Works Department Engineering Division of the City of Newark. 5267401.1
Packet Page 217
Area Improvement District No. 35 (Lindsay Tract)
Resolution of Intention Meeting – January 26, 2023
Packet Page 218
2 ● August 2021 – Community Open House
● September 2021 – City Council Approved Conceptual Design Plans ● July 2022 – Property Owner’s meeting regarding Assessment District Project Overview and Updates
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 219
3 ● Improvements  Pavement Rehabilitation  Drainage Improvements  Curb, Sidewalk, & Driveway Replacement  ACWD Water Main Replacement  Green Infrastructure Improvements ● Project Benefits  Improved Neighborhood Aesthetics  Elimination of Ponding/Flooding  Walkability  Enhanced Property Values Project Overview and Updates
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 220
4 Project Overview and Updates
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 221
5 Project Cost and Funding Sources
Lindsay Tract Area Improvement District
January 26, 2023
● 76.4% of construction costs funded by City and ACWD
● 23.6% of costs - Proposed Area Improvement District (AID)  Curb, sidewalk & driveway/walkway improvements
Improvement
Description
Estimated
Cost
% of Total
Cost
Funding
Source
Pavement, Drainage & Green Infrastructure $4,265,145 44% 100% City ACWD Water Main Improvements $3,009,205 31% 100% ACWD
Curb & Sidewalk Improvements $1,945,752 20% 98% AID; 2% City Driveway & Walkway Improvements $421,844 4% 100% AID
TOTALS $9,641,946 100%
Packet Page 222
6 Proposed Assessment District
Lindsay Tract Area Improvement District
January 26, 2023
Proposed Curb and Sidewalk Improvements
Parcels Adjacent to Proposed Curb and Sidewalk Improvements Parcels Not Adjacent to Proposed Curb and Sidewalk Improvements Assessment District Boundary
Primary Benefit Assessment
• Corresponds to benefit realized by all properties within the Assessment District due to improved drainage and walkability provided by new curb, gutter, and sidewalk improvements. • $7,789.37 per parcel.

Enhanced Benefit Assessment
• Corresponds to additional benefits realized by parcels located directly adjacent to the proposed improvements (in blue) provided by new curb, gutter, driveway, and sidewalk
improvements.
• $98.83 per Linear Foot of new curb and sidewalk.
• $33.35 per Square Foot of new driveway and walkway
conform area.

Packet Page 223
7 Parcel Characteristics
• 50 Linear Feet of New Curb and Sidewalk Improvements
• 56 Square Feet of New Driveway and Walkway Conform
Example Assessment Calculation
Lindsay Tract Area Improvement District
January 26, 2023
Curb and Sidewalk Enhanced Benefit Assessment Calculation 50 LF x $98.83 per LF = $4,941.50
Driveway and Walkway Conform Enhanced Benefit Assessment Calculation 56 SF x $33.35 per SF = $1,867.60
Incidental/Financing Costs
Assigned to each parcel based on prorated share of construction costs attributed to Primary and Enhanced Benefits.

Property owners that pay their entire assigned assessment upfront will not incur financing costs.

Total Assessment Calculation
PB Assessment + Curb & Sidewalk EB Assessment + Driveway/Walkway EB Assessment + Incidentals/Financing = Total Assessment $7,789.37 + $4,941.50 + $1,867.60 + $3,358.20 = $17,956.67 Packet Page 224
8 ● Proposed assessments vary based on linear feet of new curb and sidewalk installed directly adjacent to property and square feet of new driveway/walkway conform. ● Property owners will have option to pay their entire assessment amount upfront and avoid added financing costs.
● City will issue bonds to finance the remaining principal assessment amount. ● Bonds will be financed over 30-year term and paid annually through property taxes. ● Annual assessments are estimated to range between $700 and $4,000 per parcel, with an average annual assessment of approximately $1,400.
● Property owners can prepay remaining principal any time before end of 30-year term. ● Property Owner Payment Assistance Program will be made available to qualified applicants.

Assessments and Financing Summary
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 225
9 ● Preparation of Engineer’s Report for Assessment District (AD). ● City Council adopts Resolution of Intention to form AD on January 26, 2023. ● Property owners may begin to apply for Property Owner Assistance Program. ● Notice and Ballot mailed to affected property owners (45 days prior to PH). ● Public Hearing and Ballot Tabulation on March 23, 2023. ● If majority of property owners, weighted by proposed assessments, do not oppose formation City Council can adopt Resolution of Formation on March 23, 2023. ● Property owners can elect to pay entire assessment amount upfront during 30-day cash collection period.
● Bonds are issued to finance remaining principal assessment amount. ● Assessments placed on FY 2023-24 property tax bills.

AD Formation Process
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 226
10 To qualify for deferment of entire assigned assessment, City must determine property is owneroccupied and at least one of the following criteria is met:
• At least one property owner on title is 65 years of age or older on or before the April 18, 2023 application deadline. • At least one property owner on title is permanently disabled and receiving disability benefits from Social Security, Workers Compensation, or an equivalent.
• For calendar year 2022, household income earned must be low income or below, pursuant to the income limits for Alameda County published by the California State Department of Housing and Community Development.

To qualify for deferment of a portion of the assigned assessment, City must determine property is owner-occupied and the following is true:
• Property has a total assigned assessment of at least 25% above the average assessment of $19,354, i.e., $24,192 or higher. The portion of assigned assessment above the average can be deferred.

Property Owner Assistance Program
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 227
11 Construction Timeline
Lindsay Tract Area Improvement District
January 26, 2023
Public Hearing (March 23rd)
Advertise for Bid (April 2023)
Award Construction Contract (Early Summer 2023)
Start of Construction (Summer 2023)
Project Completion (End of 2023)
Packet Page 228
12  Preliminarily approve Engineer’s Report
 Declare intent to order formation of Assessment District and levy and collect assessments
 Establish a Property Owners Assistance Program for City-Sponsored Assessment Districts
 Set Public Hearing date on March 23, 2023
Area Improvement District No. 35 (Lindsay Tract)
Recommendations
Lindsay Tract Area Improvement District
January 26, 2023
Packet Page 229
Thank you!
We are happy to answer any questions you may have.

Packet Page 230
Item  F. 2.

DATE 01/26/2023
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT    Adopt a resolution terminating the local emergency due to COVID-19 effective February 28, 2023
SUMMARY AND RECOMMENDATION
Shortly after the start of the COVID-19 pandemic, the City Council declared a local state of emergency.  At that time, state and local regulations significantly impacted the ability of residents to go about their daily lives.  For example, under local health officer regulations non-essential businesses were closed, restaurants could not serve customers in person, and large events were prohibited.

In response, throughout the pandemic, the City Council implemented immediate actions to protect Newark residents and to address the economic hardships faced by residents and businesses as a result of the COVID-19 pandemic. This includes providing grants to retailers, restaurants, and other small businesses and waiving penalties for late business license tax payments.  The City Council also approved actions to protect the City’s workforce by approving certain leaves and other actions to reduce employees’ exposure to COVID-19 in the workplace.

As new tools are available to help manage the impacts of COVID-19, and as more is known about the virus, many of these actions have been phased out.  Additionally, businesses and residents have returned to operating as they did prior to the beginning of the COVID-19 pandemic.

Other City Council actions remain in effect as long as the City continues its local emergency or as long as the California state of emergency continues, including the following temporary measures: an eviction moratorium; a cap on third-party delivery fees imposed on local businesses; and the ability for the Community Development Director to issue use permits waiving certain provisions of the Newark Municipal Code to facilitate business operations.

As outlined in this report, circumstances have significantly changed.  Prohibitive health officer orders have been lifted and Governor Newsom has indicated that California will be ending the state of emergency on February 28, 2023.  While the City will be dealing with the impacts of COVID-19 for years to come, it is approaching a point where COVID-19 is no longer being managed as an emergency.  In light of that, staff recommends that the City Council adopt a resolution terminating the local emergency Packet Page 231
due to COVID-19, effective February 28, 2023, for the reasons articulated in this report.

BACKGROUND
COVID-19 was first detected in late 2019.  On March 4, 2020, Governor Newsom declared a state of emergency in California to make resources available and formalize emergency actions across multiple state agencies and departments to help the state prepare for the spread of COVID-19.  Additionally, every county in the San Francisco Bay Area, including Alameda County, declared a local state of emergency and the Alameda County Health Officer issued a number of health orders that significantly impacted the daily lives of Newark residents.

In response to the COVID-19 pandemic, the City Manager, acting as Director of Emergency Services, proclaimed a local state of emergency on March 16, 2020, pursuant to California Government Code Section 8630 and Newark Municipal Code Section 2.16.060.  The City Council ratified and confirmed the existence of a local emergency on March 17, 2020.

The circumstances that justify an emergency declaration are outlined in the Newark Municipal Code.  Newark Municipal Code Section 2.16.020 defines "emergency" as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as . . . epidemic . . .which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat.”
During an emergency, the City Manager (as Director of Emergency Services) can take a number of actions including issuing regulations to protect life and property, obtaining vital supplies and equipment and commandeering the same for public use, mobilizing disaster services workers, and requisitioning necessary personnel of any City department, among others.  This local emergency has allowed the City to enact various temporary emergency measures including the adoption of an eviction moratorium for residential and commercial properties (“eviction moratorium”), the adoption of an ordinance authorizing the Community Development Director to issue COVID-19 minor use permits and waive requirements of Title 17 of the Newark Municipal Code to facilitate business operations impacted by COVID-19 (“COVID-19 use permit ordinance”), and the adoption of an ordinance establishing a temporary limit on fees by third-party delivery services to restaurants (“delivery fee ordinance”).  The eviction moratorium, COVID-19 use permit ordinance and delivery fee ordinance are attached to this report for reference.

Pursuant to the Government Code, the City Council is required to review the need for continuing the local emergency at least every sixty (60) days.  The City Council last reviewed the need for the local emergency on December 8, 2022.

As noted above, after almost three years, Governor Newsom announced that he will end the COVID-19 State of Emergency on February 28, 2023.  Additionally, the World Health Organization’s emergency committee has begun discussing the possibility of terminating the emergency declaration as a result of declining deaths and increasing Packet Page 232
terminating the emergency declaration as a result of declining deaths and increasing immunity levels and President Biden has stated that the pandemic is over.

DISCUSSION/ANALYSIS
Current Circumstances and Conditions Warranting the End of the Local Emergency
The impacts of COVID-19 have greatly eased since the beginning of the pandemic, largely due to the availability of vaccines for all ages, awareness of COVID-19 and how it is spread, healthcare infrastructure that can effectively respond to COVID-19, and laws and regulations that help mitigate the spread and impacts of COVID-19.  As a result, federal, state, and county governments have eased, or eliminated altogether, regulatory restrictions.  This includes lifting mask mandates and allowing full access to public facilities and events.

Vaccination rates in Alameda County exceed 86% and the vaccination rate in Newark is 84%. At this point, it appears that the conditions justifying the City’s local emergency are abating. While COVID-19 is going to be with us for some time, conditions of disaster or extreme peril no longer appear to be present in Newark.  There does not appear to be a foreseeable circumstance under which the City would need to commandeer supplies or equipment, require the services of employees as disaster service workers, issue emergency orders or regulations, or take any other extraordinary actions in response to COVID-19.  Additionally, although there was an increase in COVID-19 during this past winter, there was not a significant spike in cases and hospitalizations due to COVID-19.  In Alameda County, there has been less than 50% the number of hospitalizations compared to this time of year in 2022 and less than 10% the number of reported cases compared to this time of year in 2022.  From an economic standpoint, the unemployment rate in Alameda County reached approximately 13.5% in the midst of the pandemic and has since returned to pre-pandemic levels at 3.1%.  The City is now in a position to consider ending the local emergency as a result of the full reopening of private and public facilities as well as the substantial and sustained downward trend of pandemic conditions.

City Urgency Ordinances Adopted As a Result of the Local Emergency City staff reviewed the legislation for the local emergency and the three urgency ordinances dependent on the existence of a state of emergency. The COVID-19 use permit ordinance and the delivery fee ordinance would end immediately upon termination of the local emergency.

The eviction moratorium, which provides a forbearance for tenants who aren't able to pay rent due to economic impacts from COVID-19, would end upon the termination of the local emergency or the emergency declared by the state (whichever is later) and provides for repayment of rent in 45 day intervals of 25% until six (6) months at which point the full amount of unpaid rent is to be paid. Residents and landlords that continue to struggle with repayment are encouraged to contact ECHO Housing, an Alameda County-based fair housing support service provider. ECHO Housing provides a range Packet Page 233
County-based fair housing support service provider. ECHO Housing provides a range of mediation and counseling services that can be helpful to resolve disputes to achieve positive outcomes.

The City has issued grants to businesses that demonstrated economic loss as a result of the pandemic.  Costs associated with lost rent were an eligible use of grant funds.

Additionally, the City has a number of programs to assist businesses coming out of the pandemic and will encourage landlords and tenants to work cooperatively regarding any past due payments.

Programs available to Newark business owners include:

Financial Resiliency Workshops
Financial Resiliency workshops explain basic accounting and financial concepts so that small business owners can understand their own financial data.  The Financial Resiliency workshop is intended to help familiarize business owners with the basics of financial statements. It promotes the ability to use cash flow projections and break-even calculations to understand opportunities for more profitability. It includes heavy emphasis on the best way to deploy cash when it is available to reinvest in the business. Many clients have taken the workshop twice and report that they deepen their understanding the second time.  It helps an owner prepare for and implement one-on-one advising recommendations.

One-on-One Advising
One-on-one advising is provided by an experienced business advisor under contract with the City.  An individual business benefits the most from this type of assistance because it is tailored specifically to their circumstances and level of business experience. Generally, at least a few sessions are needed to solve specific problems but often more sessions follow as other issues are identified. The City is in a unique position to provide this type of assistance, because business sustainability is in the City’s interest, and because the small businesses provide goods and services to an important customer base.

Business Planning
A formal business plan is standard practice for large projects, and large companies with investors.  The same discipline is critical to a small business on a smaller scale.

The business plan analysis shows the owner where to focus efforts.  It includes basic strategies regarding the problem being solved, the customer who will benefit, how the task can be done profitably, and who will do the work. The business plan coordinates marketing, sales and operations with the business’ resources and financial forecasts.

A well-planned business has a much greater likelihood of success and longevity.In addition to the above workshops, the City offers workshops on digital marketing, and emergency preparedness.

These workshops and seminars are available to the community and are intended to Packet Page 234
promote long-term business stability and success after the end of the eviction moratorium.

The COVID-19 use permit ordinance, which allows the Community Development Director to issue COVID-19 minor use permits and waive requirements of Title 17 of the Newark Municipal Code to facilitate business operations impacted by COVID-19, would expire immediately upon the expiration of the local emergency.  At this time, there are approximately three businesses that have been issued COVID-19 minor use permits that may be conducting outdoor business operations.  At the time that the City Council adopted the COVID-19 use permit ordinance, the Alameda County Health Officer and State had significant restrictions that greatly impacted certain businesses including restaurants, food establishments, hair and nail salons, gyms and other hospitality services. Notably, indoor dining was prohibited entirely and a framework was created to gradually allow normal activities with certain safety precautions.

At this point in time, there are no such restrictions and all such businesses can serve the public in a similar manner as prior to the start of the pandemic.  While the COVID-19 minor use permit ordinance will expire, the municipal code already contains provisions that allow businesses to seek for operational modifications through the standard entitlement process.  For example, outdoor dining and seating on private property is allowed in the municipal code. Larger outdoor dining areas would be allowed if sufficient automobile parking is provided on site. Property owners can request relief from these parking requirements under certain circumstances. Property owners may also request design review approval for outdoor seating patios and covering structures. The City would issue building permits for the construction of these structures. Thus, there is an avenue for businesses seeking to pursue a permanent change in operations through the municipal code and staff does not believe that any code modifications are necessary at this time.

Similar to the COVID-19 use permit ordinance, the delivery fee ordinance, which established a 15% fee cap by third party delivery services businesses on the purchase price of an order, would expire immediately upon expiration of the local emergency.

The delivery fee ordinance was designed to address the same issues as the COVID-19 use permit ordinance.  Due to County and State regulations restaurants and other food establishments could not conduct indoor dining. Additionally, some residents were simply uncomfortable going to establishments to pick up orders and thus exclusively ordered meals through third party delivery services.  Businesses were often without alternatives and greatly limited due to local and state health orders.  As noted above, local and state health orders have lifted and residents are regularly dining at establishments – mostly returning to normal.

The eviction moratorium, the COVID-19 use permit ordinance and delivery fee ordinance were intended to be temporary and solely as a response to the COVID-19 pandemic.  At the beginning of the pandemic, a significant number of residents and businesses suffered lost income as a result of the COVID-19 pandemic and certain businesses, such as restaurants, were entirely prohibited from providing indoor in-person service.  At this point in time, all federal, state and local regulations in this regard have been lifted.  Additionally, as noted above, Governor Newsom will be Packet Page 235
ending the California State of Emergency on February 28, 2023.  Further, during the pandemic, there was statewide financial assistance for tenants as well as County and City grants for local businesses that were impacted by COVID-19.

Staff believes it would be appropriate to provide ample notice of the termination of the local emergency and will engage in public outreach to local residents and businesses.Staff recommends that the City Council adopt the proposed resolution to terminate the local emergency effective 11:59 p.m. on February 28, 2023, consistent with the Governor’s stated intent to terminate the California state of emergency on that date.

FISCAL IMPACT
There is no direct fiscal impact of adopting this Resolution.

REVIEW AND APPROVAL
Prepared by - Kristopher J. Kokotaylo, City Attorney
Steven Turner, Community Development Director
David J. Benoun, City Manager
Reviewed by - Krysten Lee, Finance Director
Approved by - David J. Benoun, City Manager
Attachments
Resolution End Local Emergency
Eviction Moratorium
COVID Use Permit Ordinance
Delivery Fee Ordinance
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1 RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK TERMINATING THE LOCAL EMERGENCY DUE
TO COVID-19 EFFECTIVE FEBRUARY 28, 2023
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 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, the City Council adopted a subsequent resolutions confirming the continued existence of the local emergency and, consistent with Government Code Section 8630, the City Council has periodically reviewed the need for continuing the local emergency at least every sixty (60) days and last reviewed the need for the local emergency on December 8, 2022; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of COVID-19; and
WHEREAS, while California continues to operate under a state of emergency, Governor Newsom has indicated that the California State of Emergency will expire on February 28, 2023; and
WHEREAS, on April 9, 2020, the City Council adopted Urgency Ordinance 520-U enacting a temporary moratorium on evictions due to nonpayment of rent for residential and commercial tenants, where failure to pay rent results from income loss resulting from COVID-19; and
WHEREAS, among other provisions, Urgency Ordinance 520-U temporarily relieves the tenant of liability for unpaid rent, which the landlord may seek after the expiration of the ordinance, and the tenant must repay in 45 day intervals of 25% until six (6) months at which point the full amount of unpaid rent is to be paid; and
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2 WHEREAS, Urgency Ordinance 520-U remains in effect until the expiration of the local emergency proclamation or the Governor’s proclamation of a state of emergency, whichever is later; and
WHEREAS, on June 16, 2020, the City Council adopted Ordinance No. 522-U authorizing the Community Development Director to issue COVID-19 minor use permits and waive requirements of Title 17 of the Newark Municipal Code to facilitate business operations impacted by COVID-19, to remain in effect for the duration of the local emergency proclamation adopted by City Council; and
WHEREAS, one of the stated purposes of Ordinance No. 522-U is to facilitate continued operation of existing businesses in compliance with applicable health orders; and WHEREAS, on December 10, 2020, the City Council adopted Ordinance No. 527-U establishing a temporary limit on fees by third-party food delivery services to restaurants, to remain in effect for the duration of the local emergency proclamation adopted by City Council; and WHEREAS, one of the stated purposes of Ordinance No. 527-U is to help the restaurant and food service industry operate with survivable margins while still preventing the avoidable displacement or exposure to COVID-19 and the amplification of factors that lead to the spread of COVID-19; and
WHEREAS, COVID-19 vaccinations are now accessible to all; and WHEREAS, within Alameda County 86.3% of residents are fully vaccinated and within Newark 84% of residents are fully vaccinated; and
WHEREAS, on June 25, 2022 , the Alameda County Health Officer lifted mask mandates, and mask mandates remain lifted for the eleven Bay Area counties; and WHEREAS, Government Code 8630 provides that a local state of emergency shall expire at the earliest possible date that the conditions warrant; and WHEREAS, based on current conditions and trend of COVID-19 data, the City Council desires to end the local emergency concurrent with the end of the California state of emergency; and
WHEREAS, to end the local emergency, advanced notice is necessary in order to provide ample time to continue to monitor conditions and to address temporary regulations tied to the local emergency.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Newark hereby declares that the local emergency declared by Resolution No. 11031 due to the COVID-19 pandemic shall terminate effective at 11:59 p.m. on February 28, 2023.

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URGENCY ORDINANCE NO. 520- U

AN URGENCY ORDINANCE OF THE CITY OF NEWARK

ENACTING A TEMPORARY MORATORIUM ON EVICTIONS

DUE TO NONPAYMENT OF RENT FOR RESIDENTIAL AND

COMMERCIAL TENANTS WHERE THE FAILURE TO PAY

RENT IS FROM INCOME LOSS RESULTING FROM THE
NOVEL CORONAVIRUS ( COVID- 19)
WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named " SARS- CoV-2," and the disease it causes has been named " coronavirus disease 2019," abbreviated COVID- 19 (" COVID- 19"); and
WHEREAS, on January 30, 2020, the World Health Organization (" WHO") declared COVID- 19 a Public Health Emergency of International Concern; and
WHEREAS, on January 31, 2020, the Secretary of the United States Department of Health and Human Services declared a public health emergency for the entire United States to aid the nation' s healthcare community in responding to COVID- 19; and
WHEREAS, on February 25, 2020, the Centers for Disease Control and Prevention (" CDC") announced that community spread of COVID- 19 is likely to occur in the United States; and WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency throughout the County ofAlameda; and
WHEREAS, on March 4, 2020, the Governor of California proclaimed a state of emergency exists in California after making determinations that:

1. The conditions caused by COVID- 19 are likely to require the combined forces of a mutual aid region or regions to appropriately respond; and

2. Local authority is inadequate to cope with the threat posed by COVID- 19; and WHEREAS, on March 10, 2020, the Alameda County Board of Supervisors ratified the Alameda County Health Officer' s declaration of a local health emergency; and WHEREAS, on March 11, 2020, the WHO declared COVID- 19 a pandemic; and WHEREAS, on March 12, 2020, the Alameda County Department of Public Health confirmed evidence of community -acquired transmission; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national state of emergency in response to the spread of COVID- 19 within the United States of America; and Packet Page 239
WHEREAS, on March 16, 2020, the Alameda County Health Officer, along with six other health officers within six Bay Area counties, took a unified step to slow the spread of novel coronavirus COVID- 19) and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home beginning March 17, 2020 through April 7, 2020.

The order in Alameda County limits activity, travel, and business functions to only the most essential needs. The guidance comes after substantial input from the CDC and best practices from other health officials around the world; and
WHEREAS, on March 16, 2020, due to an escalating increase in the number of COVID- 19 cases in Alameda County, the City Manager, acting as Director of Emergency Services, found that the conditions related to the COVID- 19 pandemic were of extreme peril to the safety of persons and property within the territorial limits of the City and thus proclaimed a local emergency pursuant to Newark Municipal Code Chapter 2. 16 and Government Code Section 8558; and WHEREAS, on March 17, 2020, at a special meeting the Newark City Council ratified the Director of Emergency Services' proclamation of a local emergency related to the COVID- 19 pandemic; and WHEREAS, on March 16, 2020, the Governor of California issued Executive Order N-28- 20 ordering waiver oftime limitations set forth in Penal Code section 396( f) concerning protections against residential evictions, and suspending any provision of state law that would preempt or otherwise restrict a local government' s exercise of its police power to impose substantive limitations on residential or commercial evictions related to COVID- 19. The order further suspended statutory causes of action for judicial foreclosure, including Code of Civil Procedure section 725a et seq. the statutory cause of action for unlawful detainer, Code of Civil Procedure section 1161 et seq., and any other statutory cause of action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of residential real property after foreclosure; and
WHEREAS, on March 19, 2020, the Governor of California issued Executive Order N-33- 20 ordering all individuals within the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction; and
WHEREAS, events of all sizes across the Bay Area and in Newark are cancelling or being postponed due to the County' s and State' s Orders and recommendations at all levels of government to cancel large gatherings are occurring amid concerns over spread of the virus. Additionally, as a result of the County' s shelter at home order and the Governor' s order for individuals to stay in their place of residence, many businesses are closing or dramatically limiting their operations. These developments are likely to result in significantly increased levels of unemployment and decreased incomes for many businesses and residents of Newark; and
WHEREAS, California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the public health, safety, and general welfare, of their citizens; and
WHEREAS, California Government Code Section 36937 authorizes the City Council to introduce and adopt an ordinance it declares to be necessary as an emergency measure to preserve the public peace, health, and safety at one and the same meeting if passed by at least four -fifths affirmative votes; and Urgency Ordinance No. 520-U 2
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WHEREAS, this Ordinance is a temporary moratorium intended to promote stability and fairness within the residential and commercial rental market in the City during the COVID- 19 pandemic, and to prevent avoidable homelessness and evictions thereby serving the public peace, health, safety, and public welfare and to enable tenants in the City whose incomes and ability to work are affected by COVID- 19 to remain in their homes; and
WHEREAS, displacement through eviction destabilizes the living situation of tenants and impacts the health of Newark residents and businesses by uprooting children from schools, disrupting the social ties and networks that are integral to citizens' welfare and the stability of communities within the City; and WHEREAS, displacement through eviction creates undue hardship for tenants through additional relocation costs, and during the COVID- 19 pandemic outbreak, affected tenants who have lost income due to impacts on the economy or their employment may be at risk of homelessness if they are evicted for non- payment as they will have little or no income and thus be unable to secure other housing if evicted; and
WHEREAS, housing instability threatens the public peace, health, and safety as eviction from one' s home can lead to prolonged homelessness; strain on household finances due to the necessity of paying rental application fees and security deposits; stress and anxiety experienced by those displaced; interruption of the education of children in the home; and increased exposure to, and spreading of COVID- 19, in contradiction to the Alameda County Health Officer and Governor' s orders; and WHEREAS, businesses are also affected by COVID- 19 and may be unable to pay rent. If businesses are unable to pay rent, they may be evicted, which will negatively impact the local economy by laying off employees and ceasing to provide services to residents of the City, and negatively impacting local health by forcing persons out of their shelter -in -place locations to prepare for business eviction, increasing potential COVID- 19 exposure, and reducing the number of retail and commercial spaces available to provide essential services, also increasing potential COVID- 19 exposure as a result of less retail and commercial spaces available for residents and thus less space available for social distancing; and
WHEREAS, the City Council finds and determines that regulating the relations between residential and commercial landlords and tenants is essential to preventing the spread of COVID- 19 in the City and thereby serve the public peace, health, and safety; and WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, and safety as failure to adopt this urgency ordinance could result in the avoidable displacement or exposure to COVID- 19 of the City' s residents and community members.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWARK, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings
The City Council of the City ofNewark finds that all ofthe above Recitals are true and correct and incorporated herein by reference. The provisions of the Governor' s Executive Order N- 28- 20, including its recitals, are incorporated herein as if fully set forth.

Urgency Ordinance No. 520- U
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SECTION 2. Urgencv Findings
The City Council of the City of Newark hereby finds that there is a current and immediate threat to the public health, safety and/ or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency ordinance, which finding is based upon the facts stated in the recitals above, and in the staffreport for item B. 1 dated March 26, 2020 and in the staff report dated April 9, 2020, considered during the March 26, 2020 and April 9, 2020 City Council meetings as well as any oral and written testimony at the March 26, 2020 and April 9, 2020 City Council meetings. This Ordinance and any moratorium that may be established thereunder is declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety. The facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the entirety of the record before the City Council.

SECTION 3. Ordinance
The City Council hereby makes the findings contained herein and hereby adopts the uncodified Ordinance to read as follows.

COVID- 19 Eviction Moratorium Ordinance
Section 1. Moratorium on Eviction for Nonpayment of Rent During the COVID- 19 Emergency A. During the term of this Eviction Moratorium, which shall apply to any applicable landlord action under this Ordinance occurring on or after March 26, 2020, no landlord shall endeavor to evict a residential or commercial tenant for nonpayment of rent, including but not limited to any such provision under Civil Code sections 1940 et. seq. or 1954. 25 et. seq. , ifthe tenant demonstrates that the inability to pay rent is:

1. Due to, or arising out of a substantial decrease in household or business income including but not limited to the circumstances described in subsections ( B) and ( C)) or substantial out- of-pocket medical expenses; and

2. The decrease in household or business income, or out- of-pocket medical expenses, was caused by the COVID- 19 pandemic, or by any local, state, or federal government response to COVID- 19, and is documented in writing.

This Eviction Moratorium shall remain in effect until May 31, 2020 or the expiration of the local emergency or the Governor' s proclamation of a state of emergency, whichever is later. This Ordinance shall expire one hundred eighty ( 180) days following the expiration of this Eviction Moratorium.

B. " Substantial decrease in household income" includes but is not limited to income loss caused by COVID- 19 illness or caring for a household or family member with COVID- 19 illness, work closures, layoffs, job loss, a reduction in the number of compensable hours or other economic or employer impacts of COVID- 19, missing work due to a minor child' s school closure, compliance with government health authority orders, or other similarly -caused reason resulting in loss of household income due to COVID- 19, substantiated with written documentation or other objectively verifiable proof of same.

Urgency Ordinance No. 520- U 4
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C. " Substantial decrease in business income" includes, but is not limited to, income loss caused by work closures, reduction in staff reporting to work, reduction in opening hours, or reduction in consumer demand, compliance with government health authority orders, or other similarly -caused reason resulting in loss of business income due to COVID- 19, substantiated with written documentation or other objectively verifiable proof of same.

D. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure section 1161, file or prosecute an unlawful detainer action based on a three- day pay or quit notice, or otherwise seek to evict for nonpayment of rent.

E. A landlord knows of a tenant' s inability to pay rent within the meaning of this Ordinance if the tenant, within 7 days after the date that rent is due, notifies the landlord in writing of tenant' s inability to pay full rent due to a substantial decrease in household or business income or out-of-pocket medical expenses was caused by the COVID- 19 pandemic, or by any local, state, or federal government response to COVID- 19, and provides documentation, within 15 days after the date that rent is due, to support the claim. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant' s claim.

F. Nothing in this Ordinance relieves the tenant of liability for the unpaid rent, which the landlord may seek after the expiration of the Eviction Moratorium, as specified in subsection ( A) ofthis Ordinance, and the tenant must pay 25% of unpaid rent within forty- five ( 45) days of the date of expiration ofthe Eviction Moratorium, an additional 25% of unpaid rent within ninety ( 90) days of the date of expiration ofthe Eviction Moratorium, an additional 25% of unpaid rent within one hundred thirty-five ( 135) days ofthe date of expiration of the Eviction Moratorium, and the final 25% of unpaid rent within one hundred eighty ( 180) days of the date of expiration of the Eviction Moratorium, unless a state law or order is amended or adopted providing for a longer period, in which case this subsection shall be so superseded.

G. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in this Ordinance, nor may a landlord seek rent that is delayed for the reasons stated in this Ordinance through the eviction process, unless rent continues to remain unpaid after the expiration of the forty-five 45), ninety ( 90), one hundred thirty- five ( 135), or one hundred eighty ( 180) day periods described in subsection F above.

H. This Ordinance may be asserted as an affirmative defense in any unlawful detainer action or other action brought by an owner or landlord to recover possession. A tenant may bring a civil suit seeking owner or landlord compliance with any provisions of this Ordinance.

Urgency Ordinance No. 520-U
Packet Page 243
Section 2. Moratorium on Judicial Foreclosures During the COVID- 19 Emergency As provided for in Executive Order N-28- 20 and consistent with the other provisions in this ordinance, the statutory cause of action for judicial foreclosure, Code of Civil Procedure section 725a et seq.; the statutory cause of action for unlawful detainer, Code of Civil Procedure section 1161 et seq.; and any other statutory cause of action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of residential real property after foreclosure is hereby suspended as applied to any tenancy, or residential real property and any occupation thereof, to which a limitation on eviction is imposed pursuant to this Ordinance.

SECTION 4. Severabili
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions ofthis Ordinance are severable. The City Council ofthe City ofNewark hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Effective Date
Following adoption by at least a four -fifths vote of the City Council, this Ordinance shall be effective immediately upon adoption pursuant to Newark Municipal Code Section 2.08. 180. The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall cause it to be published within fifteen ( 15) days of the adoption and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

Urgency Ordinance No. 520-U 6
Packet Page 244
I HEREBY CERTIFY this urgency ordinance was read at the regular meeting of the Newark City Council held on April 9, 2020. Council Member Collazo moved that it be adopted and passed and ordered published within 15 days of the date of adoption in the Tri- City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark, which motion was duly seconded, and said ordinance was passed and adopted by the following vote:

AYES: Council Members Bucci, Collazo, Hannon, and Mayor Nagy NOS: None
ABSENT: None
RECUSED: Vice Mayor Freitas
SECONDED: Council Member Collazo
ti
A ,TEST: X
s/ SHEILA HARRINGT `
City Clerk = J
APPROVED AS TO FORM:
s/ KRISTOPHER J. KOKOTAYLO
Interim City Attorney
APPROVED:
s/ ALAN L. NAGY
Mayor
Urgency Ordinance No. 520-U
Packet Page 245
ORDINANCE NO. 522- U

AN URGENCY ORDINANCE OF THE CITY OF NEWARK

AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR TO ISSUE COVID- 19 MINOR USE PERMITS
AND WAIVE REQUIREMENTS OF TITLE 17 TO

FACILITATE BUSINESS OPERATIONS IMPACTED BY
NOVEL CORONAVIRUS ( COVID- 19)
WHEREAS, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease named " coronavirus disease 2019" (" COVID- 19"); and WHEREAS, COVID- 19 is easily transmissible from person to person, and community spread of the diseases has occurred throughout the United States and California, including in Alameda County; and WHEREAS, on January 31, 2020, the Secretary ofthe United States Department of Health and Human Services declared a public health emergency for the entire United States to aid the nation' s healthcare community in responding to COVID- 19; and
WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency throughout the County of Alameda regarding COVID- 19, which was ratified by the Alameda County Board of Supervisors on March 10, 2020; and
WHEREAS, on March 4, 2020, the Governor of California proclaimed a state of emergency regarding COVID- 19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national state of emergency in response to the spread of COVID- 19 within the United States ofAmerica; and WHEREAS, on March 16, 2020, due to an escalating increase in the number of COVID- 19 cases in Alameda County, the City Manager, acting as Director of Emergency Services, found that the conditions related to the COVID- 19 pandemic were of extreme peril to the safety of persons and property within the territorial limits of the City and thus proclaimed a local emergency pursuant to Newark Municipal Code Section 2. 16.060 and Government Code Section 8558; and WHEREAS, on March 17, 2020, at a special meeting, the City Council of the City of Newark ratified the Director of Emergency Services' proclamation of a local emergency related to the COVID- 19 pandemic; and
WHEREAS, on March 16, 2020, the Alameda County Health Officer, along with six other health officers within six Bay Area counties, took a unified step to slow the spread of COVID- 19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home beginning March 17, 2020. The order in Alameda County limited activity, travel, and business functions to only the most essential needs. The guidance comes after substantial input from the CDC and best practices from other health officials around the world; and Packet Page 246
WHEREAS, on March 19, 2020, the Governor of California issued Executive Order N-33- 20 ordering all individuals within the State of California to stay home or at their place ofresidence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction; and
WHEREAS, on May 14, 2020, the Newark City Council adopted a resolution confirming the continued existence of local emergency due to COVID- 19; and
WHEREAS, the Alameda County Health Officer has issued multiple orders extending the shelter in place order; and
WHEREAS, the State Public Health Officer has articulated a four -stage framework to allow for gradually resuming various activities while continuing to preserve public health; and WHEREAS, On May 4, 2020, the Governor of California issued Executive Order N- 60- 20 ordering all individuals within the State of California to comply with the State Public Health Officer' s framework unless stricter local regulations exists; and
WHEREAS, the Alameda County Health Officer has issued a revised health order allowing certain businesses to partially resume operations with certain safety precautions, while some businesses remain closed; and
WHEREAS, stage 2 of the State Public Heath Officer' s roadmap for reopening is split into an earlier and later stage 2 (" Stage 2b"); and
WHEREAS, during Stage 2b, dine in restaurants and in -person retain shopping are allowed to occur, with certain safety precautions; and
WHEREAS, during Stage 3 of the State Public Heath Officer' s roadmap for reopening personal services such as hair and nail salons, gyms and fitness studios, as well as hospitality services will be allowed to operate; and
WHEREAS, it is anticipated that in the coming weeks or months the Alameda County Health Officer will issue health orders allowing additional business to resume operations in a manner similar to Stage 2b and Stage 3 of the State Public Heath Officer' s roadmap for reopening; and WHEREAS, businesses allowed to reopen will be subject to health and safety guidelines to minimize the risk of spread of COVID- 19, such as increased physical distance between tables, required use of face coverings by staff, frequent cleaning of high touch surfaces, suspended use of shared food items such as condiment bottles and reusable menus, and similar restrictions; and WHEREAS, the State Department of Public Health' s guidelines for restaurants specifically recommend prioritizing outdoor seating and curbside pickup to minimize cross flow of customers in enclosed environments, and guidelines for other industries contain similar recommendations and requirements; and
Ordinance No. 522- U 2
Packet Page 247
WHEREAS, during this time of shelter in place and other social distancing, many businesses are experiencing substantial declines in business income as a result of business closures or the loss of hours, which threatens businesses ability to pay rent, maintain payroll, and continue operating; and WHEREAS, many businesses may face layoffs or permanent closure as a result ofthe pandemic; and WHEREAS, even as certain shelter in place restrictions begin to ease, many local businesses will continue to be affected by social distancing requirements; and WHEREAS, businesses are an integral part of the economy and community of Newark; and WHEREAS, local businesses are a significant source ofjobs, tax revenue and essential services for the community; and
WHEREAS, business closures will negatively impact the local economy by laying off employees and ceasing to provide services to residents of the City, and negatively impact local health by reducing the number ofretail and commercial spaces available to provide essential services while maintaining social distancing, and will decrease tax revenues available to the City to respond to COVID- 19 and other public health and safety concerns; and
WHEREAS, the Zoning Code contains various requirements regarding for outdoor seating, outdoor display of merchandise, off-street parking, and similar restriction; and WHEREAS, to assist businesses that are experiencing, and will continue to experience, severe negative economic impacts due to the COVID- 19 pandemic, the City desires to authorize the Community Development Director to approve temporary waivers from the strict application of the Zoning Code to facilitate a return to business operations; and
WHEREAS, California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the public health, safety, and general welfare, oftheir citizens; and
WHEREAS, California Government Code Section 36937 authorizes the City Council to introduce and adopt an ordinance that it declares to be necessary as an urgency measure to preserve the public peace, health, and safety at one and the same meeting if passed by at least four -fifths affirmative votes; and WHEREAS, COVID- 19 and the public health orders designed to reduce the virus' s spread have had a significant impact on the economy of the City, requiring the closure of numerous business, and this Urgency Ordinance will facilitate the prompt reopening of businesses impacted by COVID- 19 in a manner consistent with anticipated public health orders thereby minimizing negative economic impacts; and
WHEREAS, the Urgency Ordinance is designed to reduce and slow the transmission of COVID- 19 by facilitating required social distancing between and among patrons and employees; and Ordinance No. 522- U
Packet Page 248
WHEREAS, the Urgency Ordinance is designed to promote economic business stability and prevent business closures during the COVID- 19 pandemic by streamlining the process for a business to obtain a waiver of Zoning Code requirements to enable business operations in a manner that complies with social distancing orders and protocols, thereby serving the public peace, health, safety, and public welfare; and WHEREAS, the City Council finds and determines that allowing the Community Development Director to waive certain requirements of the Zoning Code to facilitate business operations impacted by COVID- 19 in compliance with applicable health orders is essential to support economic development, prevent layoffs, and maintain tax revenue in the City and thereby serve the public peace, health, and safety; and
WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, and safety as failure to adopt this urgency ordinance could result in the avoidable closure of local businesses.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWARK, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings The City Council of the City of Newark finds that all of the above Recitals are true and correct and incorporated herein by reference. The provisions of the Governor' s " resilience roadmap for state reopening" as published on the State of California' s official COVID- 19 website, www. covid. ca. gov, are incorporated herein as iffully set forth.

SECTION 2. CEQA
Approval of the amendments is exempt from environmental review under the general rule in California Environmental Quality Act ( CEQA) Guidelines Section 15061( b)( 3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 3. Urgency Findings
The City Council of the City of Newark hereby finds that there is a current and immediate threat to the public health, safety and/ or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency ordinance, which finding is based upon the facts stated in the recitals above, and in the staff report dated June 25, 2020, as well as any oral and written testimony at the June 25, 2020 City Council meeting. This Ordinance is declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety. The facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the entirety of the record before the City Council.

SECTION 4. Ordinance
The City Council hereby makes the findings contained herein and hereby adopts the uncodified Ordinance to read as follows:

Ordinance No. 522- U 4
Packet Page 249

ORDINANCE AUTHORIZING COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE REQUIREMENTS OF TITLE 17 DUE TO COVID- 19.

Section 1. Authority of Community Development Director
The Community Development Director shall have the authority to issue a COVID- 19 minor use permit waiving any requirements and/or standards of Title 17, Zoning, ofthe Newark Municipal Code to facilitate business operations affected by public -health orders of the federal, state, or county government designed to slow the transmission of the Novel Coronavirus ( COVID- 19). The Community Development Director may condition the issuance of a COVID- 19 minor use permit on compliance with any conditions he or she determines appropriate. Failure to comply with such conditions may result in the revocation of the COVID- 19 minor use permit.

Without limiting the foregoing, COVID- 19 minor use permits may waive requirements related to outdoor seating, outdoor merchandise displays, required off-street parking, signage and similar restrictions, including conditions contained in existing permits. COVID- 19 minor use permits shall not be issued pursuant to this Ordinance to authorize wholly new businesses, but rather only to facilitate the continued operation of existing businesses in compliance with applicable health orders.

Section 2. Duration of COVID- 19 Minor Use Permit
A COVID- 19 minor use permit issued by the Community Development Director pursuant to this Ordinance, unless otherwise specified by the Community Development Director in his or her sole discretion, shall remain in effect for the duration of this Ordinance. Additionally, the Community Development Director, in his or her sole discretion, may revoke a COVID- 19 minor use permit without cause.

Section 3. Procedures
An individual or entity seeking a COVID- 19 minor use permit must submit an application on a form designated by the Community Development Director, along with any other documentation or information required by the Community Development Director. No public hearings or notices are required prior to the issuance of a COVID- 19 minor use permit. There shall be no fee for the submittal of an application for a COVID- 19 minor use permit pursuant to this Ordinance.

Section 4. Use of Right -of -Way
Any individual or entity seeking to use the public sidewalk or other public property for their business operations must obtain an encroachment permit from the City, and must obtain and maintain appropriate insurance as required by the City Engineer. There shall be no fee for the submittal of an application for an Encroachment Permit pursuant to this Ordinance. Business operations shall not be permitted on the sidewalk or other public property if such operations will interfere with the ADA accessible path of travel or cause other safety hazards.

Ordinance No. 522- U 5
Packet Page 250
Section 5. Termination
This Ordinance shall take effect immediately and shall remain in effect until the expiration of the declaration of local emergency by the City Council of the City ofNewark or unless earlier rescinded by a majority vote of the City Council.

SECTION 5. Severabili
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Newark hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 6. Effective Date
Following adoption by at least a four -fifths vote of the City Council, this Ordinance shall be effective immediately upon adoption pursuant to Government Code Section 36937. The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall cause it to be published within fifteen ( 15) days of the adoption and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

Ordinance No. 522- U 6
Packet Page 251
I HEREBY CERTIFY this urgency ordinance was read at the special meeting of the Newark City Council held on June 16, 2020. Council Member Bucci moved that it be adopted and passed and ordered published within 15 days of the date of adoption in the Tri- City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark, which motion was duly seconded, and said ordinance was passed and adopted by the following vote:

AYES: Council Members Bucci, Collazo, Hannon, Vice Mayor Freitas, and Mayor Nagy NOS: None
ABSENT: None
SECONDED: Council Member Collazo
ATTEST: '
n`
s/ SHEILA ARRINGf N
City Clerk
APPROVED AS TO FORM:
s/ KRISTOPHER J. KOKOTAYLO
Interim City Attorney
Ordinance No. 522- U 7
APPROVED:
12p,o, /. 4
s/ ALAN L. NATK
Mayor
Packet Page 252
WHATS HAPPENINGS TRI CITY VOICE This space for filing stamp only 39737 PASEO PADRE PKWY, FREMONT, CA 94538
Telephone ( 510) 494- 1999 / Fax ( 510) 796- 2462

SHEILA HARRINGTON
CITY OF NEWARK/ CITY MANAGER CNS#: 3373658
37101 NEWARK BLVD
ORDINANCE NO. 522- U AN URGENCY
NEWARK, CA - 94560 ORDINANCE OF THE CITY OF NEWARK

AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO ISSUE COVID19 MINOR USE PERMITS AND WAIVE REQUIREMENTS OF TITLE 17 TO FACILITATE

BUSINESS OPERATIONS IMPACTED BY

PROOF OF PUBLICATION
NOVEL CORONAVIRUS ( COVID- 19)
WHEREAS, national, state, and local health and
governmental authorities are responding to an
outbreak of respiratory disease named
C. C. P.)
coronavirus disease 2019" (" COVID- 19"); and
2015. 5 WHEREAS, COVID- 19 is easily transmissible
from person to person, and community spread of
State of California ) the diseases has occurred throughout the United County of ALAMEDA Slates and California, including in Alameda ss County; and WHEREAS, on January 31, 2020,
the Secretary of the United Slates Department of
Notice Type: ORD - ORDINANCE PUBLICATION
Health and Human Services declared a public
health emergency for the entire United States to
aid the nation' s healthcare community In
responding to COVID- 19; and WHEREAS, on
Ad Description: March 1, 2020, the Alameda County Health Officer declared a public health emergency
Minor Use Permits COVID- 19 throughout the County of Alameda regarding COVID- 19, which was ratified by the Alameda
County Board of Supervisors on March 10, 2020;
and WHEREAS, on March 4, 2020, the Governor
I am a citizen of the United States and a resident of the State of California; I am of California proclaimed a state of emergency over the age of eighteen years, and not a party to or interested in the above regarding COVID- 19; and WHEREAS, on March
13, 2020,
entitled matter. I am the principal clerk of the printer and publisher of the the President of the United Slates of
America declared a national state of emergency
WHATS HAPPENINGS TRI CITY VOICE, a news p ap er of g eneral circulation in in response to the spread of COVID- 19 within the the city of Fremont, county of Alameda as defined by the laws of the State of United Stales of America; and WHEREAS , on
March 16. 2020, due to an escalating increase in
California by the Superior Court of the County of Alameda, State of California the number of COVID- 19 cases in Alameda under date 05/08/ 2015, case no. HG14716669. That the notice, of which the County, the City Manager, acting as Director of annexed is a printed copy, has been published in each regular and entire issue Emergency Services, found that the conditions related to the COVID- 19 pandemic were of
of said newspaper and not in any supplement thereof on the following dates, extreme peril to the safely of persons and to -Wit: property within the territorial limits of the City and thus proclaimed a local emergency pursuant to
Newark Municipal Code Section 2. 16. 060 and
Government Code Section 6556; and
WHEREAS, on March 17, 2020, at a special
meeting, the City Council of the City of Newark
ratified the Director of Emergency Services'
proclamation of a local emergency related to the
06/ 23/ 2020 COVID- 19 pandemic; and WHEREAS, on March
16, 2020, the Alameda County Health Officer,
along with six other health officers within six Bay
Area counties, took a unified step to slow the
spread of COVID- 19 and preserve critical health
care capacity across the region by issuing a legal
order directing their respective residents to
shelter at home beginning March 17, 2020. The
Executed on: 06/23/ 2020
order in Alameda County limited activity, travel,
and business functions to only the most essential
At Los Angeles, California needs. The guidance comes after substantial input from the CDC and best practices from other
I certify ( or declare) under penalty of perjury that the foregoing is true and health officials around the world; and WHEREAS,
on March 19, 2020, the Governor California
correct.
of
issued Executive Order N- 33- 20 ordering all
Individuals within the State of California to stay
home or at their place of residence, except as
needed lomaintain continuity of operation
aflhefederal critical infrastructure sectors, critical
government services, schools, childcare, and
qp' L construction; and WHEREAS, on May 14, 2020,

IIIIIIIIIIIIIII II
Signature

II III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII A 0 0 0 0 0 5 4 3 9 2 2 9
Email
Packet Page 253
the Newark City Council adopted a resolution
confirming the continued existence of [ oral
emergency due to COVID- 19; and WHEREAS ,
the Alameda County Health Officer has issued
multiple orders extending the shelter in place
order; and WHEREAS, the Stale Public Health
Officer has articulated a four -stage framework to
allow for gradually resuming various activities
while continuing to preserve public health; and
WHEREAS, On May 4, 2020. the Governor of
California issued Executive Order N- 60. 20
ordering all individuals within the State of
California to comply with the Stale Public Health
Officer' s framework unless stricter local
regulations exists; and WHEREAS, the Alameda
County Health Officer has issued a revised health
order allowing certain businesses to partially
resume operations with certain safety
precautions, while some businesses remain
closed; and WHEREAS, stage 2 of the State
Public Heath Officer' s roadmap for reopening is
split into an earlier and later stage 2 (" Stage 2b");
and WHEREAS, during Stage 2b, dine in
restaurants and in -person retain shopping are
allowed to occur, with certain safety precautions;
and WHEREAS, during Stage 3 of the Stale
Public Heath Officer' s roadmap for reopening
personal services such as hair and nail salons,
gyms and fitness studios, as well as hospitality
services will be allowed to operate; and
WHEREAS, it is anticipated that in the coming
weeks or months the Alameda County Health
Officer will issue health orders allowing additional
business to resume operations in a manner
similar to Stage 21b and Stage 3 of the State
Public Heath Officer' s roadmap for reopening;
and WHEREAS, businesses allowed to reopen
will be subject to health and safety guidelines to
minimize the risk of spread of COVID- 19, such as
Increased physical distance between tables,
required use of face coverings by staff, frequent
cleaning of high touch surfaces, suspended use
of shared food items such as condiment bottles
and reusable menus, and similar restrictions; and
WHEREAS, the State Department of Public
Health' s guidelines for restaurants specifically
recommend prioritizing outdoor seating and
curbside pickup to minimize cross flow of
customers in enclosed environments, and
guidelines for other industries contain similar
recommendations and requirements; and
WHEREAS , during this time of shelter in place
and other social distancing, many businesses are
experiencing substantial declines in business
income as a result of business closures or the
loss of hours, which threatens businesses ability
to pay rent, maintain payroll, and continue
operating; and WHEREAS , many businesses
may face layoffs or permanent closure as a result
of the pandemic; and WHEREAS , even as
certain shelter in place restrictions begin to ease,
many local businesses will continue to be
affected by social distancing requirements; and
WHEREAS , businesses are an integral part of
the economy and community of Newark; and
WHEREAS , local businesses are a significant
source of jobs, tax revenue and essential
services for the community; and WHEREAS ,
business closures will negatively impact the local
economy by laying off employees and ceasing to
Provide services to residents of the City, and
negatively impact local health by reducing the
number of retail and commercial spaces available
to provide essential services while maintaining
social distancing, and will decrease tax revenues
available to the City to respond to COVID- 19 and
other public health and safety concerns; and
WHEREAS , the Zoning Code contains various
requirements regarding for outdoor sealing,
outdoor display of merchandise, off- street
parking, and similar restriction; and WHEREAS ,
to assist businesses that are experiencing, and
will continue to experience, severe negative
economic impacts due to the COVID- 19
pandemic, the City desires to authorize the
Community Development Director to approve
temporary waivers from the strict application of
the Zoning Code to facilitate a return to business
operations; and WHEREAS California
Constitution, Article XI, Section 7, provides cities
and counties with the authority to enact
ordinances to protect the public health, safely,
and general welfare, of their citizens; and
WHEREAS , California Government Code
Section 36937 authorizes the City Council to
introduce and adopt an ordinance that it declares
to be necessary as an urgency measure to
preserve the public peace, health, and safely at
one and the same meeting if passed by at least
four -fifths affirmative votes; and WHEREAS ,
COVID- 19 and the public health orders designed
to reduce the virus' s spread have had a
significant impact on the economy of the City,
requiring the closure of numerous business, and
this Urgency Ordinance will facilitate the prompt
reopening of businesses impacted by COVID- 19
in a manner consistent with anticipated public
health orders thereby minimizing negative
economic impacts; and WHEREAS, the Urgency
Ordinance is designed to reduce and slow the
transmission of COVID- 19 by facilitating required
social distancing between and among patrons
and employees; and WHEREAS , the Urgency
Ordinance is designed to promote economic
business stability and prevent business closures
during the COVID- 19 pandemic by streamlining
the process for a business to obtain a waiver of
Zoning Code requirements to enable business
operations in a manner that complies with social
distancing orders and protocols, thereby serving
the public peace, health, safety, and public
welfare; and WHEREAS , the City Council finds
and determines that allowing the Community
Development Director to waive certain
requirements of the Zoning Code to facilitate
business operations impacted by COVID- 19 in
compliance with applicable health orders is
essential to support economic development,
prevent layoffs, and maintain tax revenue in the
City and thereby serve the public peace, health,
and safety; and WHEREAS , an urgency
ordinance that is effective immediately is
necessary to avoid the immediate threat to public
peace, health, and safety as failure to adopt this
urgency ordinance could result in the avoidable
closure of local businesses, NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF

NEWARK, DOES HEREBY ORDAIN AS
FOLLOWS: SECTION 1. Findings The City
Council of the City of Newark finds that all of the
above Recitals are true and correct and
incorporated herein by reference. The provisions
of the Governor' s " resilience roadmap for state
reopening" as published on the Slate of
California' s official COVID- 19 website,
www. covid. ca. gov, are incorporated herein as if
fully set forth. SECTION 2. CEOA Approval of the
amendments is exempt from environmental
review under the general rule in California
Environmental Quality Act ( CEQA) Guidelines
Section 15061( b)(3) that CEQA only applies to
projects that have the potential for causing a
significant effect on the environment. As a series
of text amendments and additions, it can be seen
with certainty that there is no possibility that the
ordinance will have a significant effect on the
environment. SECTION 3. Urgency Findings The
City Council of the City of Newark hereby finds
that there is a current and immediate threat to the
public health, safety and/or welfare and a need
for immediate preservation of the public peace,
health, or safety that warrants this urgency
ordinance, which finding is based upon the facts
staled in the recitals above, and in the staff report
dated June 25, 2020, as well as any oral and
written testimony at the June 25, 2020 City
Council meeting. This Ordinance is declared by
the City Council to be an urgency measure
necessary for the immediate preservation of the
public peace, health or safety. The facts
constituting such urgency are all of those certain
facts set forth and referenced in this Ordinance
and the entirety of the record before the City
Council. SECTION 4. Ordinance The City Council
hereby makes the findings contained herein and
hereby adopts the uncodified Ordinance to read
as follows: ORDINANCE AUTHORIZING

COMMUNITY DEVELOPMENT DIRECTOR TO
WAIVE REQUIREMENTS OF TITLE 17 DUE TO
COVID- 19. Section 1. Authority of Community
Development Director The Community
Development Director shall have the authority to
issue a COVID- 19 minor use permit waiving any
requirements and/ or standards of Title 17,
Zoning, of the Newark Municipal Code to facilitate
business operations affected by public -health
orders of the federal, state, or county government
designed to slow the transmission of the Novel
Caronavirus ( COVID- 19). The Community
Development Director may condition the issuance
of a COVID- 19 minor use permit on compliance
with any conditions he or she determines
appropriate. Failure to comply with such
conditions may result in the revocation of the
COVID- 19 minor use permit. Without limiting the
foregoing, COVID- 19 minor use permits may
waive requirements related to outdoor seating,
outdoor merchandise displays, required off- street
parking, signage and similar restrictions, including
conditions contained in existing permits. COVID19 minor use permits shall not be issued pursuant to this Ordinance to authorize wholly new
businesses, but rather only to facilitate the
continued operation of existing businesses in
compliance with applicable health orders. Section

2. Duration of COVID- 19 Minor Use Permit A
COVID- 19 minor use permit issued by the
Packet Page 254
C
Community Development Director pursuant to
this Ordinance, unless otherwise specified by the
Community Development Director in his or her
sole discretion, shall remain in effect for the
duration of this Ordinance. Additionally, the
Community Development Director, In his or her
sole discretion, may revoke a COVID- 19 minor
use permit without cause. Section 3. Procedures
An individual or entity seeking a COVID- 19 minor
use permit must submit an application on a form
designated by the Community Development
Director, along with any other documentation or
information required by the Community
Development Director. No public hearings or
notices are required prior to the issuance of a
COVID- 19 minor use permit. There shall be no
fee for the submittal of an application for a
COVID- 19 minor use permit pursuant to this
Ordinance. Section 4. Use of Right -of -Way Any
individual or entity seeking to use the public
sidewalk or other public property for their
business operations must obtain an
encroachment permit from the City, and must
obtain and maintain appropriate insurance as
required by the City Engineer. There shall be no
fee for the submittal of an application for an
Encroachment Permit pursuant to this Ordinance.

Business operations shall not be permitted on the
sidewalk or other public property if such
operations will interfere with the ADA accessible
path of travel or cause other safety hazards.

Section 5. Termination This Ordinance shall take
effect immediately and shall remain in effect until
the expiration of the declaration of local
emergency by the City Council of the City of
Newark or unless earlier rescinded by a majority
vole of the City Council. SECTION 5. Severabilily
If any provision of this Ordinance or the
application thereof to any person or circumstance
is held invalid, the remainder of this Ordinance,
Including the application of such part or provision
to other persons or circumstances shall not be
affected thereby and shall continue in full force
and effect. To this end, provisions of this
Ordinance are severable. The City Council of the
City of Newark hereby declares that it would have
passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.

SECTION 6. Effective Date Following adoption by
at least a four -fifths vote of the City Council, this
Ordinance shall be effective immediately upon
adoption pursuant to Government Code Section
36937. The City Clerk shall certify as to the
adoption of this Urgency Ordinance and shall
cause it to be published within fifteen ( 15) days of
the adoption and shall post a certified copy of this
Urgency Ordinance, Including the vote for and
against the same, in the Office of the City Clerk,
in accordance with California Government Code
Section 36933. 1 HEREBY CERTIFY this urgency
ordinance was read at the special meeting of the
Newark City Council held on June 16, 2020.

Council Member Bucci moved that it be adopted
and passed and ordered published within 15 days
of the date of adoption in the Tri- City Voice, a
newspaper of general circulation published and
printed in the County of Alameda and circulated
in the City of Newark, which motion was duly
seconded, and said ordinance was passed and
adopted by the following vote: AYES: Council
Members eucci, Collazo, Hannon, Vice Mayor
Freitas, and Mayor Nagy NOS: None ABSENT:

None SECONDED: Council Member Collazo
APPROVED: s/ALAN L NAGY ATTEST: Mayor
s/SHEILA HARRINGTON City Clerk APPROVED
AS TO FORM: s/ KRISTOPHER J. KOKOTAYLO
Interim City Attorney
6/ 23/ 20
CNS-3373656k
Packet Page 255
URGENCY ORDINANCE NO. 527- U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF NEWARK ESTABLISHING A TEMPORARY
LIMIT OF FIFTEEN PERCENT ( 15%) ON FEES BY THIRD -

PARTY FOOD DELIVERY SERVICES TO RESTAURANTS IN
NEWARK DURING THE COVID- 19 PANDEMIC
WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named " SARS- CoV- 2," and the disease it causes has been named " coronavirus disease 2019," abbreviated COVID- 19 (" COVID- 19"); and
WHEREAS, on January 30, 2020, the World Health Organization (" WHO") declared COVID- 19 a Public Health Emergency of International Concern; and
WHEREAS, on January 31, 2020, the Secretary of the United States Department of Health and Human Services declared a public health emergency for the entire United States to aid the nation' s healthcare community in responding to COVID- 19; and
WHEREAS, on February 25, 2020, the Centers for Disease Control and Prevention (" CDC") announced that community spread of COVID- 19 is likely to occur in the United States; and WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency throughout the County of Alameda; and
WHEREAS, on March 4, 2020, California Governor Gavin 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 COVID- 19. The proclamation comes as the number of positive California cases rises and following one official COVID19 death; and WHEREAS, on March 10, 2020, the Alameda County Board of Supervisors ratified the Alameda County Health Officer' s declaration of a local health emergency; and WHEREAS, on March 11, 2020, the WHO declared COVID- 19 a pandemic; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID- 19; and
WHEREAS, on March 16, 2020, the Alameda County Health Officer, along with six other health officers within six Bay Area counties, took a unified step to slow the spread of COVID-19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home beginning March 17, 2020 through April 7, 2020 (the " shelter in place order"). The shelter in place order in Alameda County limits activity, travel, and business functions; and Packet Page 256
WHEREAS, on March 16, 2020, due to an escalating increase in the number of COVID- 19 cases in Alameda County, the City Manager, acting as Director ofEmergency Services, found that the conditions related to the COVID- 19 pandemic were of extreme peril to the safety of persons and property within the territorial limits of the City and thus proclaimed a local emergency pursuant to Newark Municipal Code Chapter 2. 16 and Government Code Section 8558; and WHEREAS, on March 17, 2020, at a special meeting the Newark City Council ratified the Director of Emergency Services' proclamation of a local emergency related to the COVID- 19 pandemic; and WHEREAS, on March 19, 2020, the Governor of California issued Executive Order N- 33- 20 ordering all individuals within the State of California to stay home or at their place ofresidence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction (the " State order"); and WHEREAS, the City Council has approved multiple resolutions declaring the continued existence of a local emergency within the City ofNewark; and
WHEREAS, the shelter in place order and the State order have been modified to gradually allow some activity under limited circumstances and social distancing guidelines, but both remain in place and large segments of the economy, particularly related to indoor activities such as dining, remain closed or severely limited; and
WHEREAS, continuity of operations among the City' s restaurants is critical for the delivery of essential food services to the residents of Newark and to sustain these sources of employment and neighborhood vitality within the City; and
WHEREAS, if restaurants permanently close, then essential workers will be displaced, storefronts will be vacant, and residents will lose access to contactless delivery of locally prepared meals; and WHEREAS, many consumers use third -party applications and websites to place orders with restaurants for delivery and takeout, and these third -party platforms charge restaurants fees; service agreements between some restaurants and third -party platforms provide that the platform charges the restaurant between twenty five percent ( 25%) to thirty three percent ( 33%) of the purchase price per order; and WHEREAS, restaurants, eating and drinking establishments, and particularly those that are small businesses, have limited bargaining power to negotiate lower fees with third -party platforms given the financial straits restaurants are facing during this period of emergency; and WHEREAS, given that only a few companies in the marketplace provide such delivery services, restaurants that do not operate their own delivery service resort to contracting with third -party delivery service providers as a means to compete in the marketplace; and WHEREAS, capping delivery service per -order fees at 15% will achieve the public purpose of ensuring the continued operation of local restaurants and third -party platforms during the period of emergency; the 15% limit on fees charged to restaurants is based on the findings and experience of other California cities and cities nationwide that have already adopted 15% fee ceilings or similar caps as reasonable emergency regulations in collaboration with food delivery companies; and Ordinance No. 527- U 2
Packet Page 257
WHEREAS, the adoption of a cap among cities establishes a temporary, imminent and new competitive environment for Newark restaurants, and adoption of the 15% fee limitation by adjacent cities creates a competitive disadvantage to Newark restaurants during the COVID- 19 pandemic when Newark restaurants are already struggling; and
WHEREAS, California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the public health, safety, and general welfare, of their citizens; and
WHEREAS, both large and smaller events across the Bay Area and in Newark are cancelling or being postponed due to the County' s and State' s Orders and recommendations at all levels of government to cancel large gatherings amid concerns over spread of the virus. These cancellations and postponements cause loss in revenue for the event, as well as surrounding local businesses including eating and drinking establishments that rely on such events to bring in patrons to their businesses; and WHEREAS, with modified capacity, many restaurants are seeing an increase in carry -out and delivery offerings, placing a sudden and severe financial strain on the industry, particularly on restaurants that are small businesses, a category of businesses which typically already operate on thin margins; and WHEREAS, restricting restaurants to takeout or delivery offerings, and limited to outdoor dining with decreased capacity as a result of physical distancing, has placed a sudden and severe financial strain on many restaurants, particularly those that already operate on thin margins, adding to financial pressures in the industry that predate the COVID- 19 crisis; and
WHEREAS, based on public input received by City staff, many restaurant and food establishments within the City have been relying on delivery and pick up to generate both revenue and new customers, and to serve existing customers, and it is critical they operate in a safe manner where social distancing can be maintained in accordance with guidance from the State of California and local health officials; and
WHEREAS, it is in the public interest to take action to ensure the delivery of essential food services to residents of Newark and to maximize restaurant revenue from the takeout and delivery orders that, with the exception of limited dining operations, are currently one of the primary sources of revenue for these businesses to enable restaurants to survive this crisis and remain as sources of employment and neighborhood vitality in the City; and
WHEREAS, Alameda County' s reversion to the purple tier " widespread" status, coupled with an oncoming third wave of nationwide infections, further places a strain on Newark' s local restaurants; and WHEREAS, as restaurants return to modified, lower capacity restaurant service, it is still unclear how restaurants will fare, as restaurants must create new, physically distanced dining areas and implement increased training and sanitation measures, and it is also unclear how quickly restaurant patrons will return to restaurant dining and restaurants may continue to see a significant loss of revenue for an ongoing period oftime; and
WHEREAS, this Ordinance is temporary in nature and only intended to promote stability and safe and healthy operations within the restaurant and food markets in the City during the COVID- 19 pandemic Ordinance No. 527- U
Packet Page 258
outbreak, to assist local businesses in transitional and uncertain times, and to prevent avoidable business closures thereby serving the public peace, health, safety, and public welfare and ensuring jobs and economic vitality within the City, while also preventing further spread of the virus; and WHEREAS, an urgency ordinance is necessary to avoid the continuing and immediate threat to public peace, health, and safety as failure to adopt this urgency ordinance would result in the avoidable displacement or exposure to COVID- 19 of the City' s restaurant and food service industry and to the amplification ofthe factors that lead to the spread ofthe virus, as described in these Recitals; and WHEREAS, the City Council hereby finds approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., " CEQA," and 14 Cal. Code Reg. 15000 et seq., " CEQA Guidelines") under Section 15061( b)( 3) of the CEQA Guidelines. This is an emergency response measure aimed at capping delivery services fees on existing restaurants. No new development will result from the proposed action and the regulation is temporary. No impact to the physical environment will result.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWARK, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings
The City Council of the City of Newark finds that all of the above Recitals are true and correct and incorporated herein by reference.

SECTION 2. Ureencv Findings
The City Council of the City of Newark hereby finds that there is a current and immediate threat to the public health, safety and/ or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency ordinance, which finding is based upon the facts stated in the recitals above, and in the staff report dated December 10, 2020 and considered during the December 10, 2020 City Council meeting as well as any oral and written testimony at the December 10, 2020 City Council meeting. The adoption and implementation ofthis Ordinance is an urgency measure necessary for the immediate preservation and protection of the public peace, health and safety as detailed above and as this Ordinance is an emergency response measure aimed at ensuring the recovery and vitality of the restaurant industry after closure and limited operations. The facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the entirety of the record before the City Council.

SECTION 3. Ordinance
The City Council hereby makes the findings contained herein and hereby adopts the uncodified Ordinance to read as follows.

A Temporary Limit on Charges by Third -Party Food Delivery Services Section 1. Definitions. For purposes of this Ordinance, the following definitions apply:

Ordinance No. 527- U 4
Packet Page 259
A. "Covered Establishment" means a restaurant that offers, in a single commercial transaction over the internet, such as Online Order, or over the telephone, such as a Telephone Order, whether directly or through a third -party food delivery service, the sale and same -day delivery of food to customers from one or more retail locations within the City.

B. " Third -party Food Delivery Service" means any website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same -day delivery or same -day pickup of food and beverages from a Covered Establishment.

C. " Online Order" means an order placed by a customer through a platform provided by a Third -party Food Delivery Service for delivery or pickup within the City.

D. " Telephone Order" means an order placed by a customer to a food service establishment through a telephone call or the use of the third -party food delivery service providers' platform and/or on-line phone system, or via text for delivery or pickup within the City.

E. " Purchase Price" means the menu price of an online order. Such term therefore excludes taxes, gratuities, and any other fees that may make up the total cost to the customer of an order.

Section 2. Temporary Limit on Third Party Food Delivery Service Charges.

A. Fee Limit. It shall be unlawful for a Third -Party Food Delivery Service to charge a Covered Establishment a fee that totals more than 15 percent of the Purchase Price of an Online or Telephone Order for the use of its services.

Section 3. Enforcement.

A. A Third -Party Food Delivery Service shall not be found in violation of this Ordinance if between the Effective Date of this Ordinance and December 24, 2020, it imposes a fee per Online or Telephone Order for the use of its services that totals more than 15 percent ofthe Purchase Price of such order, provided it refunds the portion of the fee that exceeds the fee percentage set forth in this Ordinance to Covered Establishment no later than 15 days after the purchase.

B. If a Third -Party Food Delivery Service charges a Covered Establishment fees that violates this Ordinance, the Covered Establishment shall, within seven calendar days, provide written notice to the Third -Party Food Delivery Service requesting a refund; the refund shall be paid within seven calendar days. Ifthe Third -Party Food Delivery Service does not provide the refund requested after seven days or the Third -Party Food Delivery Service continues to charge fees in violation of this Ordinance after the initial notice, a Covered Establishment may enforce this Ordinance by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees.

C. Violations of this Ordinance shall constitute an infraction that can be enforced solely through an administrative citation pursuant to Chapter 7. 18 of the Newark Municipal Code.

Section 4. Guidance and Rules.

Ordinance No. 527-U
Packet Page 260
A. The City Manager, or designee, is authorized to implement this Ordinance and issue any guidance or rules necessary to implement this Ordinance.

Section 5. Duration.

A. This Ordinance shall become effective immediately upon its adoption and remain in effect until such time as the Newark City Council terminates the declared local emergency, as affirmed by the Council on March 17, 2020.

SECTION 4. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Newark hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Effective Date
Following adoption by at least a four -fifths vote of the City Council, this Ordinance shall be effective immediately upon adoption pursuant to Newark Municipal Code Section 2. 08. 180. The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall cause it to be published within fifteen ( 15) days of the adoption and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

Ordinance No. 527- U 6
Packet Page 261
I HEREBY CERTIFY this urgency ordinance was read at the regular meetin g of the Newark City Council held on December 10, 2020. Council Member Bucci moved that it be adopted and passed and ordered published within 15 days of the date of adoption in the Tri- City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark, which motion was duly seconded, and said ordinance was passed and adopted by the following vote:

AYES: Council Members Bucci, Hannon, Vice Mayor Freitas, and Mayor Nagy RECUSED: Council Member Collazo
ABSENT: None
SECONDED: Council Member Hannon
ATTEST: xi
s/ SHEILA HARRING N
City Clerk
APPROVED AS TO FORM:
s/ KRISTOPHER J. K OTAYLO
Interim City Attorney
APPROVED:

Olt-,
s/ ALAN L. NA
Mayor
Ordinance No. 527- U 7
Packet Page 262

WHATS HAPPENINGS TRI CITY VOICE
39737 PASEO PADRE PKWY, FREMONT, CA 94538
Telephone ( 510) 494- 1999 / Fax ( 510) 796-2462

SHEILA HARRINGTON

CITY OF NEWARK/ CITY MANAGER
37101 NEWARK BLVD
NEWARK, CA - 94560

PROOF OF PUBLICATION
2015. 5 C. C.P.)
State of California )
County of ALAMEDA ) ss
Notice Type: ORD - ORDINANCE PUBLICATION
Ad Description:

Delivery Fees Ordinance
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the WHATS HAPPENINGS TRI CITY VOICE, a newspaper of general circulation in the city of Fremont, county of Alameda as defined by the laws of the State of California by the Superior Court of the County of Alameda, State of California under date 05/ 08/ 2015, case no. HG14716669. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit:
12/ 22/ 2020
Executed on: 12/ 22/ 2020
At Los Angeles, California
I certify ( or declare) under penalty of perjury that the foregoing is true and correct.
11111111111111111111111111111uuuiN iiuiiii11uuiii
This space for riling stamp only
CN S #: 3425110
URGENCY ORDINANCE NO. 527- U

AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF NEWARK

ESTABLISHING A TEMPORARY LIMIT OF
FIFTEEN PERCENT ( 15%) ON FEES BY

THIRD - PARTY FOOD DELIVERY SERVICES

TO RESTAURANTS IN NEWARK DURING THE
COVID- 19 PANDEMIC
WHEREAS, international, national, state, and
local health and governmental authorities are
responding to an outbreak of respiratory disease
caused by a novel coronavirus named " SARSCoV- 2," and the disease it causes has been named " coronavirus disease 2019," abbreviated
COVID- 19 (" COVID- 19"); and WHEREAS , on
January 30, 2020, the World Health Organization
WHO") declared COVID- 19 a Public Health
Emergency of International Concern; and
WHEREAS, on January 31, 2020. the Secretary
of the United Slates Department of Health and
Human Services declared a public health
emergency for the entire United States to aid the
nation' s healthcare community in responding to
COVID- 19; and WHEREAS, on February 25,
2020. the Centers for Disease Control and
Prevention (" CDC") announced that community
spread of COVID- 19 is likely to occur in the
United Slates; and WHEREAS, on March 1,
2020, the Alameda County Health Officer
declared a public health emergency throughout
the County of Alameda; and WHEREAS , on
March 4, 2020, California Governor Gavin
Newsom declared a Stale 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
COVID- 19. The proclamation comes as the
number of positive California cases rises and
following one official COVID- 19 death; and
WHEREAS, on March 10, 2020, the Alameda
County Board of Supervisors ratified the Alameda
County Health Officer' s declaration of a local
health emergency; and WHEREAS , on March
11, 2020, the WHO declared COVID- 19 a
pandemic; and WHEREAS , on March 13, 2020,
the President of the United States of America
declared a national emergency and announced
that the federal government would make
emergency funding available to assist state and
local governments in preventing the spread of
and addressing the effects of COVID- 19; and
WHEREAS , on March 16, 2020, the Alameda
County Health Officer, along with six other health
officers within six Bay Area counties, look a
unified step to slow the spread of COVID- 19 and
preserve critical health care capacity across the
region by issuing a legal order directing their
respective residents to shelter at home beginning
March 17, 2020 through April 7, 2020 ( the
shelter in place order"). The shelter in place
order in Alameda County limits activity, travel,
and business functions; and WHEREAS , on
March 16, 2020. due to an escalating increase in
the number of COVID- 19 cases in Alameda
County, the City Manager, acting as Director of
Emergency Services, found that the conditions
related to the COVID- 19 pandemic were of
extreme peril to the safety of persons and
Email
Packet Page 263
property within the territorial limits of the City and
thus proclaimed a local emergency pursuant to
Newark Municipal Code Chapter 2. 16 and
Government Code Section 8558; and
WHEREAS, on March 17, 2020, at a special
meeting the Newark City Council ratified the
Director of Emergency Services' proclamation of
a local emergency related to the COVID- 19
pandemic; and WHEREAS, on March 19, 2020,
the Governor of California issued Executive Order
N- 33- 20 ordering all individuals within the State of
California to stay home or at their place of
residence, except as needed tomaintain
continuity of operation ofthefederal critical
infrastructure sectors, critical government
services, schools, childcare, and construction ( the
State order"); and WHEREAS , the City Council
has approved multiple resolutions declaring the
continued existence of a local emergency within
the City of Newark; and WHEREAS , the shelter
in place order and the State order have been
modified to gradually allow some activity under
limited circumstances and social distancing
guidelines, but both remain in place and large
segments of the economy, particularly related to
indoor activities such as dining, remain closed or
severely limited; and WHEREAS , continuity of
operations among the City' s restaurants is critical
for the delivery of essential food services to the
residents of Newark and to sustain these sources
of employment and neighborhood vitality within
the City; and WHEREAS , if restaurants
permanently close, then essential workers will be
displaced, storefronts will be vacant, and
residents will lose access to contactless delivery
of locally prepared meals; and WHEREAS, many
consumers use third -party applications and
websites to place orders with restaurants for
delivery and takeout, and these third -party
platforms charge restaurants fees; service
agreements between some restaurants and third -
party platforms provide that the platform charges
the restaurant between twenty five percent ( 25 % )
to thirty three percent ( 33%) of the purchase price
per order; and WHEREAS , restaurants, eating
and drinking establishments, and particularly
those that are small businesses, have limited
bargaining power to negotiate lower fees with
third -party platforms given the financial straits
restaurants are facing during this period of
emergency; and WHEREAS , given that only a
few companies in the marketplace provide such
delivery services, restaurants that do not operate
their own delivery service resort to contracting
with third - party delivery service providers as a
means to compete in the marketplace; and
WHEREAS , capping delivery service per -order
fees at 15% will achieve the public purpose of
ensuring the continued operation of local
restaurants and thins -party platforms during the
period of emergency; the 15% limit on fees
charged to restaurants is based on the findings
and experience of other California cities and cities
nationwide that have already adopted 15% fee
ceilings or similar caps as reasonable emergency
regulations in collaboration with food delivery
companies; and WHEREAS, the adoption of a
cap among cities establishes a temporary,
imminent and new competitive environment for
Newark restaurants, and adoption of the 15% fee
limitation by adjacent citiescreates a competitive
disadvantage to Newark restaurants during the
COVID- 19 pandemic when Newark restaurants
are already struggling; and WHEREAS ,
California Constitution, Article XI, Section 7,
provides cities and counties with the authority to
enact ordinances to protect the public health,
safety, and general welfare, of their citizens; and
WHEREAS , both large and smaller events
across the Bay Area and in Newark are
cancelling or being postponed due to the
County' s and State' s Orders and
recommendations at all levels of government to
cancel large gatherings amid concerns over
spread of the virus. These cancellations and
postponements cause loss in revenue for the
event, as well as surrounding local businesses
including eating and drinking establishments that
rely on such events to bring in patrons to their
businesses; and WHEREAS , with modified
capacity, many restaurants are seeing an
increase in carry - out and delivery offerings,
placing a sudden and severe financial strain on
the industry, particularly on restaurants that are
small businesses, a category of businesses which
typically already operate on thin margins; and
WHEREAS , restricting restaurants to takeout or
delivery offerings, and limited to outdoor dining
with decreased capacity as a result of physical
distancing, has placed a sudden and severe
financial strain on many restaurants, particularly
those that already operate on thin margins,
adding to financial pressures in the industry that
predate the COVID- 19 crisis; and WHEREAS,
based on public input received by City staff, many
restaurant and food establishments within the
City have been relying on delivery and pick up to
generate both revenue and new customers, and
to serve existing customers, and it is critical they
operate in a safe manner where social distancing
can be maintained in accordance with guidance
from the State of California and local health
officials; and WHEREAS , it is in the public
interest to take action to ensure the delivery of
essential food services to residents of Newark
and to maximize restaurant revenue from the
takeout and delivery orders that, with the
exception of limited dining operations, are
currently one of the primary sources of revenue
for these businesses to enable restaurants to
survive this crisis and remain as sources of
employment and neighborhood vitality in the City;
and WHEREAS , Alameda County's reversion to
the purple tier " widespread" status, coupled with
an oncoming third wave of nationwide infections,
further places a strain on Newark' s local
restaurants; and WHEREAS , as restaurants
return to modified, lower capacity restaurant
service, it is still unclear how restaurants will fare, as restaurants must create new, physically
distanced dining areas and implement increased
training and sanitation measures, and it is also
unclear how quickly restaurant patrons will return
to restaurant dining and restaurants may continue
to see a significant loss of revenue for an ongoing
period of time; and WHEREAS, this Ordinance is
temporary in nature and only intended to promote
stability and safe and healthy operations within
the restaurant and food markets in the City during
the COVID- 19 pandemic outbreak, to assist local
businesses in transitional and uncertain times,
and to prevent avoidable business closures
thereby serving the public peace, health, safety,
and public welfare and ensuring jobs and
economic vitality within the City, while also
preventing further spread of the virus; and
WHEREAS , an urgency ordinance is necessary
to avoid the continuing and immediate threat to
public peace, health, and safety as failure to
adopt this urgency ordinance would result in the
avoidable displacement or exposure to COVID- 19
of the City' s restaurant and food service industry
and to the amplification of the factors that lead to
the spread of the virus, as described in these
Recitals; and WHEREAS, the City Council hereby
finds approval of this Ordinance is exempt from
the California Environmental Quality Act ( Public
Resources Code §§ 21000 at seq. , " CEQA," and
14 Cal. Code Reg. §§ 15000 at seq. , " CEQA
Guidelines") under Section 15061( b)(3) of the
CEQA Guidelines. This is an emergency
response measure aimed at capping delivery
services fees on existing restaurants. No new
development will result from the proposed action
and the regulation is temporary. No impact to the
physical environment will result. NOW,

THEREFORE, THE CITY COUNCIL OF THE

CITY OF NEWARK, DOES HEREBY ORDAIN
AS FOLLOWS: SECTION 1. Findings The City
Council of the City of Newark finds that all of the
above Recitals are true and correct and
incorporated herein by reference. SECTION 2.

Urgency Findings The City Council of the City of
Newark hereby finds that there is a current and
immediate threat to the public health, safety
and/ or welfare and a need for immediate
preservation of the public peace, health, or safety
that warrants this urgency ordinance, which
finding is based upon the facts stated in the
recitals above, and in the staff report dated
December 10, 2020 and considered during the
December 10, 2020 City Council meeting as well
as any oral and written testimony at the
December 10, 2020 City Council meeting. The
adoption and implementation of this Ordinance is
an urgency measure necessary for the immediate
preservation and protection of the public peace,
health and safety as detailed above and as this
Ordinance is an emergency response measure
aimed at ensuring the recovery and vitality of the
restaurant industry after closure and limited
operations. The facts constituting such urgency
are all of those certain facts set forth and
referenced in this Ordinance and the entirety of
the record before the City Council. SECTION 3.

Ordinance The City Council hereby makes the
findings contained herein and hereby adopts the
uncodified Ordinance to read as follows. A
Temporary Limit on Charges by Third -Party Food
Delivery Services Section 1. Definitions. For
purposes of this Ordinance, the following
definitions apply: A. " Covered Establishment"
means a restaurant that offers, in a single
commercial transaction over the internet, such as
Online Order, or over the telephone, such as a
Telephone Order, whether directly or through a
third - party food delivery service, the sale and
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same -day delivery of food to customers from one
or more retail locations within the City. B. " Third -
party Food Delivery Service" means any website,
mobile application or other intemel service that
offers or arranges for the sale of food and
beverages prepared by, and the same -day
delivery or same - day pickup of food and
beverages from a Covered Establishment. C.

Online Order" means an order placed by a
customer through a platform provided by a Third -
party Food Delivery Service for delivery or pickup
within the City. D. " Telephone Order" means an
order placed by a customer to a food service
establishment through a telephone call or the use
of the third -party food delivery service providers'
platform and/ or on- line phone system, or via text
for delivery or pickup within the City. E. " Purchase
Price" means the menu price of an online order.

Such term therefore excludes taxes, gratuities,
and any other fees that may make up the total
cost to the customer of an order. Section 2.

Temporary Limit on Third Party Food Delivery
Service Charges. A. Fee Limit. It shall be unlawful
for a Third - Party Food Delivery Service to charge
a Covered Establishment a fee that totals more
than 15 percent of the Purchase Price of an
Online or Telephone Order for the use of its
services. Section 3. Enforcement. A. A Third -
Party Food Delivery Service shall not be found in
violation of this Ordinance if between the
Effective Date of this Ordinance and December
24, 2020, it imposes a fee per Online or
Telephone Order for the use of its services that
totals more than 15 percent of the Purchase Price
of such order, provided it refunds the portion of
the fee that exceeds the fee percentage set forth
in this Ordinance to Covered Establishment no
later than 15 days after the purchase. B. If a
Third - Party Food Delivery Service charges a
Covered Establishment fees that violates this
Ordinance, the Covered Establishment shall,
within seven calendar days, provide written notice
to the Third - Party Food Delivery Service
requesting a refund; the refund shall be paid
within seven calendar days. If the Third - Party
Food Delivery Service does not provide the
refund requested after seven days or the Third -
Party Food Delivery Service continues to charge
fees in violation of this Ordinance after the initial
notice, a Covered Establishment may enforce this
Ordinance by means of a civil action seeking
damages and injunctive relief. The prevailing
party in any such action shall be entitled to an
award of reasonable attorney fees. C. Violations
of this Ordinance shall constitute an infraction
that can be enforced solely through an
administrative citation pursuant to Chapter 7. 18 of
the Newark Municipal Code. Section 4. Guidance
and Rules. A. The City Manager, or designee, is
authorized to implement this Ordinance and issue
any guidance or rules necessary to implement
this Ordinance. Section 5. Duration. A. This
Ordinance shall become effective immediately
upon its adoption and remain in effect until such
time as the Newark City Council terminates the
declared local emergency, as affirmed by the
Council on March 17, 2020. SECTION 4.

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

SECTION 5. Effective Date Following adoption by
at least a four -fifths vote of the City Council, this
Ordinance shall be effective immediately upon
adoption pursuant to Newark Municipal Code
Section 2. 08. 180. The City Clerk shall certify as
to the adoption of this Urgency Ordinance and
shall cause it to be published within fifteen ( 15)
days of the adoption and shall post a certified
copy of this Urgency Ordinance, including the
vote for and against the same, in the Office of the
City Clerk, in accordance with California
Government Code Section 36933. 1 HEREBY
CERTIFY this urgency ordinance was read at the
regular meeting of the Newark City Council held
on December 10, 2020. Council Member Bucci
moved that it be adopted and passed and
ordered published within 15 days of the date of
adoption in the Tri- City Voice, a newspaper of
general circulation published and printed in the
County of Alameda and circulated in the City of
Newark, which motion was duly seconded, and
said ordinance was passed and adopted by the
following vote: AYES: Council Members Bucci,
Hannon, Vice Mayor Freitas, and Mayor Nagy
RECUSED: Council Member Collazo ABSENT:

None SECONDED: Council Member Hannon
APPROVED: s/ ALAN L. NAGY ATTEST: Mayor
s/SHEILA HARRINGTON City Clerk APPROVED
AS TO FORM: s/ KRISTOPHER J. KOKOTAYLO
Interim City Attorney
12/ 22/20
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