Agenda packet — Newark City Council, May 11, 2023

AGENDA
Thursday, May 11, 2023
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Introduction of employee(s)

2. Proclamation designating May 14-20, 2023, as Police Week

3. Proclamation designating May 21-27 2023, as Public Works Week

4. Proclaiming May 2023 as Building Safety Month

5. Proclamation designating May 21 to 27, 2023, as Emergency Medical Services Week C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

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

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

1. Approval of Audited Demands

2. Approval of April 27, 2023 minutes

3. Approval of the plans and specifications and adopt a resolution accepting the bid and

3. Approval of the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Total Bid to Sposeto Engineering Inc. for Safe Routes to Schools Improvements, Project 1280; Exempt from CEQA review per CEQA Guidelines Section 15301

4. Approval of the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bids No. 1, No. 2, No. 3, and No. 4 to G. Bortolotto & Co., Inc. for FY 2022-2023 Asphalt Concrete Street Overlay Program, Project No. 1300 and amending the 2022-2024 Biennial Budget; Exempt from CEQA review per CEQA Guidelines Section 15301

5. Adopt a resolution approving an amendment to the Contractural Services Agreement with Bureau Veritas North America Inc. for additional Building Inspection Division Plan Review and Miscellaneous Support Services

6. Adopt a resolution approving a contractual service agreement with Mike Yorks Investigations and amending the 2022-2024 Biennial Budget.

7. Introduction of an ordinance amending Chapter 15.04, General Provisions, and Chapter

15.44, Green Building and Construction and Waste Debris Recycling, of the Newark Municipal Code to align with State requirements
E. PUBLIC HEARINGS

1. Canceled Public Hearing to consider approval of P2021-002, including an Ordinance establishing a Planned Development Overlay District, entitlements for Design Review, a Minor Use Permit, and a Vesting Tentative Map, and adoption of a Mitigated Negative Declaration supported by an Initial Study in accordance with the California Environmental Quality Act for a 118-unit residential development located at 38288-38594 Cedar Boulevard

2. Public Hearing and Introduce an Ordinance Approving and Re-Adopting a Military Equipment Use Policy as Stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in Compliance with Assembly Bill 481 F. OTHER BUSINESS

1. Presentation by Police Chief Gina Anderson on crime statistics in the City of Newark G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

H. CLOSED SESSION
I. ADJOURNMENT
I. ADJOURNMENT

MEETING INFORMATION
Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube or Cable Channel 26. If you attend the meeting in person, a face covering is recommended but not required.

How to view the meeting remotely:

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How to participate in the meeting remotely, via Zoom Webinar:

From a PC, Mac, iPad, iPhone or Android device: Zoom Meeting https://us06web.zoom.us/j/83770694243 From a telephone dial 1- 669-900-9128, Webinar ID Number 837 7069 4243 Provide live, remote public comments, when the Mayor calls for comments. Use the raise your hand feature in Zoom to be called upon by the City Clerk.

For frequently asked Zoom questions, please go to Agendas and Minutes and select the Frequently Asked Questions link.

No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall use vulgar, profane, loud or boisterous language that interrupts a meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.

Council Meeting Access/Materials:

The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting.

Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted, if time allows, at Agendas and Minutes. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.

Item B. 1.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employee(s)
Victor Wang, Crime Analyst and Carlos Torres, Police Officer will be introduced at the City Council meeting.

Item B. 2.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclamation designating May 14-20, 2023, as Police Week May 14-20, 2023 has been designated National Police Week in Newark. Police Chief Anderson will be at the meeting to accept the proclamation.

Attachments
Proclamation
PROCLAMATION NO. 1894

NATIONAL POLICE WEEK
WHEREAS, Congress and the President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which May 15 falls as National Police Week; and WHEREAS, the members of the Newark Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the City of Newark; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people of the community by protecting the innocent against deception and the weak against oppression; and
WHEREAS, the men and women of the City of Newark Police Department unceasingly provide a vital public service;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim May 14 – 20, 2023, as

NATIONAL POLICE WEEK
in the City of Newark in honor of the law enforcement officers, past and present, who have rendered a dedicated service to the community, and do further proclaim May 15, 2023, as Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Eleventh Day of May, Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
Item B. 3.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclamation designating May 21-27 2023, as Public Works Week May 21-27 has been designated Public Works Week in Newark. A member of the Public Works Department will be at the meeting to accept the proclamation.

Attachments
Proclamation
PROCLAMATION NO. 1893

NATIONAL PUBLIC WORKS WEEK
WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, parks and landscape, and equipment maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of public works officials;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim the week of May 21-27, 2023, as

NATIONAL PUBLIC WORKS WEEK
in the City of Newark, and I call upon the community to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Eleventh Day of May Two Thousand Twentythree.

MICHAEL K. HANNON
Mayor
Item B. 4.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Proclaiming May 2023 as Building Safety Month The month of May 2023 has been designated Building Safety Month in Newark. A member of the Building Division will be at the meeting to accept the proclamation.

Attachments
Proclamation No. 1892
PROCLAMATION NO. 1892

BUILDING SAFETY MONTH
WHEREAS, the City of Newark is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike; and
WHEREAS, our confidence in the resilience of the buildings that make up our community is achieved through t h e i m p l e m e n t a t i o n o f m o d e r n b u i l d i n g c o d e s a n d the dedication of building safety and fire prevention officials, architects, engineers, builders and others in the construction industry who work year-round to ensure the safe construction of buildings; and WHEREAS, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; and WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities' local code officials, who assure us of safe, sustainable and affordable buildings that are essential to our prosperity; and WHEREAS, "Safety for All: Building Codes in Action," the theme for Building Safety Month 2023, encourages us all to raise awareness about planning for safe and sustainable construction; career opportunities in building safety; understanding disaster mitigation, energy conservation; and creating a safe and abundant water supply to all of our benefit; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, do hereby proclaim the month of May 2023 as

BUILDING SAFETY MONTH
in Newark and urge all Newark residents to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Eleventh Day of May, Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
Item B. 5.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclamation designating May 21 to 27, 2023, as Emergency Medical Services Week May 21 to 27, 2023, has been designated National Emergency Medical Services Week in Newark. A member of the Alameda County Fire Department will be at the meeting to accept the proclamation.

Attachments
Proclamation
PROCLAMATION NO. 1895

NATIONAL EMERGENCY MEDICAL SERVICES WEEK

WHEREAS, emergency medical services are vital public services; and WHEREAS, the members of the Alameda County Fire Department are dedicated to providing exceptional, lifesaving care to those in need twenty-four hours a day, seven days a week; and
WHEREAS, emergency medical services providers are dedicated to saving lives and limiting suffering, often under challenging circumstances, which often require personal sacrifice and risk; and
WHEREAS, immediate access to quality emergency care dramatically improvesthe survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services teams engage in specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, our community benefits on a daily basis from the knowledge and skills of these highly trained individuals;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim May 21-27, 2023, as

NATIONAL EMERGENCY MEDICAL SERVICES WEEK
and thank all emergency personnel for their dedication and professionalism.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Eleventh Day of May, Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
Item D. 1.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Approval of Audited Demands
Attachments
Audited Demands

Item D. 2.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of April 27, 2023 minutes
Attachments
Minutes
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Maria “Sucy” Collazo | Council Members: Luis L. Freitas, Mike Bucci, and Matthew Jorgens Minutes
Thursday, April 27, 2023
A. ROLL CALL
Mayor Hannon called the meeting to order at 7:04 p.m. Council Members Freitas, Jorgens, and Vice Mayor Collazo were present. Council Member Bucci was noted absent.

B. PRESENTATIONS

1. Proclaiming Water Safety Month
Mayor Hannon presented the proclamation to Recreation and Community Services Manager Cuevas. Mr. Cuevas encouraged people to take swim lessons at the Silliman Center.

2. Proclaiming April 2023 as Sikh Awareness and Appreciation Month Mayor Hannon presented the proclamation to Harvinder Kang, members of the Sikh community, and Taran Singh via Zoom. Mr. Kang thanked the City Council and City Staff for the proclamation and its commitment to diversity and inclusivity.

Mr. Singh thanked the Mayor for issuing the proclamation.

C. PUBLIC COMMENT
No one requested to speak.

D. CONSENT CALENDAR
Vice Mayor Collazo moved, Council Member Jorgens seconded, to approve Consent Calendar Items D.1 through D.8, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption.

The motion passed, 4 AYES, 1 ABSENT.

Page No. 2
City of Newark City Council Minutes April 27, 2023

1. Approval of Audited Demands

2. April 13, 2023, meeting minutes

3. Adopt a resolution authorizing the City Manager to execute an agreement with What's Happening's Tri-City Voice for legal advertising services in Fiscal Year 2024
Resolution No. 11493
Contract No. 23022

4. Adopt a resolution authorizing the City Manager to execute a third amendment to the contractual services agreement with Abbe and Associates, LLC for Commercial Organics Collection Program Consulting Services and amend the 2022-2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11494
Contract No.17004

5. Accept recommendation from the Community Development Advisory Committee for allocation of anticipated Community Development Block Grant Jurisdiction Improvement Project funds for Fiscal Year 2024 Motion Approved

6. Adopt resolutions confirming compliance with the Surplus Land Act and State Housing Laws and authorizing the filing of an Application for Funding Assigned to the Metropolitan Transportation Commission for Old Town Streetscape and Complete Streets Improvements, Project 1258, Committing any Necessary Matching Funds and Stating Assurance to Complete the Project
Resolution No. 11495 Confirming Compliance
Resolution No. 11496 Application Authorization

7. Adopt a resolution initiating the 2023 Weed Abatement Program and setting May 25, 2023, for a public hearing
Resolution No. 11497

8. Adopt a resolution designating, by title, the City Manager, Assistant City Manager, and Finance Director as Authorized Agents and authorizing the Page No. 3
City of Newark City Council Minutes April 27, 2023
California Governor’s Office of Emergency Services (Cal OES) Form 130 - Designation of Applicant’s Agent Resolution for Non-State Agencies Resolution No. 11498
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Resolution Initiating Proceedings for the Levy and Collection of Assessments for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18, and 19 for Fiscal Year 2024
Resolution No. 11499
Vice Mayor Collazo announced that she would recuse due to property ownership in Landscaping and Lighting District Nos. 10 and 11.

City Manager Benoun announced that he would recuse due to property ownership in Landscaping and Lighting District No. 11.

Vice Mayor Collazo and City Manager Benoun exited the City Council Chambers.

Public Works Director Fajeau gave the staff report recommending approval.

No one from the public requested to speak.

Council Member Freitas moved, Council Member Jorgens seconded to adopt a resolution initiating proceedings for the levy and collection of assessments for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (pursuant to the landscaping and lighting act of 1972). The motion passed, 3 AYES, 1 RECUSED, 1 ABSENT.

Vice Mayor Collazo and City Manager Benoun returned to the City Council Chambers.

G. CITY COUNCIL MATTERS
Mayor Hannon announced that he would adjourn the meeting in memory of Blake Mohs, Newark resident, Police Department Cadet, and Home Depot security guard who was shot and killed while trying to stop a shoplifter in the City of Pleasanton.

Page No. 4
City of Newark City Council Minutes April 27, 2023
Council Member Freitas extended his condolences to the Mohs Family. He congratulated Mayor Hannon on his first State of the City speech.

Vice Mayor Collazo extended her condolences to the Mohs family, fiancée and friends. She congratulated Mayor Hannon on his State of the City speech. She stated that Avanzando presented scholarships to 26 Newark residents yesterday.

She thanked Joe Stoner for letting them use the library for the ceremony. Shop Newark.

H. CLOSED SESSION
I. ADJOURNMENT
At 7:32 p.m. Mayor Hannon adjourned the meeting in memory of Blake Mohs.

Item D. 3.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Alysia Reyes, Junior Engineer
SUBJECT Approval of the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Total Bid to Sposeto Engineering Inc. for Safe Routes to Schools Improvements, Project 1280; Exempt from CEQA review per CEQA Guidelines Section 15301
SUMMARY AND RECOMMENDATION
Bids for Safe Routes to Schools Improvements, Project 1280 were opened on April 11, 2023. The lowest monetary bidder, Sposeto Engineering Inc., provided a responsive bid, is experienced in this type of project and is a responsible contractor. Staff recommends that the City Council accept the bid and award the contract to the lowest responsive and responsible bidder, Sposeto Engineering Inc., in the amount of $212,631 for Safe Routes to Schools Improvements, Project No. 1280.

Staff also recommends including an additional $21,369 in construction contingency, bringing the recommended allocation for the project to $234,000.

BACKGROUND
The Alameda County Transportation Commission’s (ACTC) Safe Routes to Schools Mini Grant Program aims to support capital improvements that enhance pedestrian, bicycle and transit access to schools in Alameda County. In March 2021, $1.7 million in Measure B funds was made available to jurisdictions within Alameda County on a non-competitive basis. Funds were distributed formulaically based on a jurisdiction’s student population share within Alameda County.

In July 2021, ACTC programmed $43,000 in Measure B Safe Routes to Schools Mini Grant Program funds to the City of Newark as part of its 2022 Capital Investment Program (2022 CIP).

Safe Routes to Schools Improvements, Project 1280 will install new ADA-compliant curb ramps with detectable warning surfaces; traffic striping and markings; green bike lane markings; roadside signs; and roadway delineators near Schilling Elementary School and Newark Junior High School. Improvements in the area of Schilling Elementary were identified through a School Safety Assessment facilitated and sponsored by ACTC’s Safe Routes to Schools Program. Similarly, improvements at Newark Junior High School were identified through a walking audit performed during development of Newark’s Pedestrian and Bicycle Master Plan.

DISCUSSION/ANALYSIS
Bids for Safe Routes to Schools Improvements, Project 1280 were opened on April 11, 2023. The City received a total of four bids as follows:

Bidder Total Bid
Sposeto Engineering Inc. $212,631.00
Kerex Engineering Inc. $222,969.00
FBD Vanguard Construction Inc. $283,452.00
Golden Bay Construction Inc. $328,767.00
Engineer's Estimate $177,000.00
The high bid prices were most likely the result of heightened material and construction costs. In addition, the smaller scale of this project likely resulted in higher unit prices.

However, as detailed below the 2022-2024 Biennial Budget and Capital Improvement Plan includes sufficient funding for Safe Routes to Schools Improvements, Project 1280.

After examination of the bids received, staff determined that the apparent low monetary bidder, Sposeto Engineering Inc., provided a responsive bid, is experienced in this type of project and is a responsible contractor. Staff recommends that the City Council accept the bid and award the contract to the lowest responsive and responsible bidder, Sposeto Engineering Inc., for the Total Bid in the amount of $212,631.

FISCAL IMPACT
In addition to the $212,631 contract amount, staff recommends including $21,369 in construction contingency, equivalent to approximately ten percent of the contract amount, to account for any unanticipated construction costs. The added contingency would bring the recommended allocation for the project to $234,000.

Cities awarded Measure B Safe Routes to Schools Mini Grant Program funds must provide a one-to-one local match of the grant funds received. In October 2021, the City Council approved the allocation of $43,000 of Measure B Safe Routes to Schools Program funds and $43,000 of local match funds to Safe Routes to Schools Improvements, Project 1280 (Resolution No. 11,269).

The 2022-2024 Biennial Budget and Capital Improvement Plan includes sufficient funding for Safe Routes to Schools Improvements, Project 1280 to provide the remaining $148,000 of recommended project construction allocation.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
This project is categorically exempt under the California Environmental Quality Act (CEQA) section 15301.

REVIEW AND APPROVAL
Prepared by - Alysia Reyes, Junior Engineer
Reviewed by - Jayson Imai, Assistant City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Contract
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE BID AND AWARDING THE

CONTRACT FOR THE TOTAL BID TO SPOSETO
ENGINEERING INC. FOR SAFE ROUTES TO SCHOOLS
IMPROVEMENTS, PROJECT 1280
WHEREAS, the Public Works Department invited sealed bids for the construction of public improvements for Safe Routes to Schools Improvements, Project 1280 (the “Project”); and WHEREAS, the City has upon due notice, received a total of four bids for the Project that were reviewed by staff for responsiveness and responsibility; and WHEREAS, Sposeto Engineering Inc. was determined by staff to be the lowest responsive and responsible bidder with a bid of $212,631; and
WHEREAS, staff recommends allocating an additional $21,369 in construction contingency, which would bring the total allocation for the Project to $234,000.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby find that Sposeto Engineering Inc. is the lowest responsive and responsible bidder for the Safe Routes to Schools Improvements, Project 1280, in the City of Newark.

BE IT FURTHER RESOLVED that the City Council does hereby accept said bid of said company and does hereby authorize the City Manager of the City of Newark to sign an agreement with said company for the construction of the Safe Routes to Schools Improvements, Project 1280, according to the plans, specifications, and terms of said bid in an amount not to exceed $212,631.

BE IT FURTHER RESOLVED that the City Council does hereby approve a construction contingency in the amount of $21,369, resulting in a total allocation of $234,000 for the Project and authorizes the City Manager, or their designee, to execute any change orders necessary to account for unanticipated construction costs within the total allocation for the Project.

BE IT FURTHER RESOLVED that the City Manager is authorized to take any actions necessary to effectuate the intent of this Resolution.

Agreement – Safe Routes to School Improvements, Project 1280 Page 1 of 3

AGREEMENT (PUBLIC WORKS CONTRACT)
THIS AGREEMENT, made and entered into this day, of , 2023, and between the CITY OF NEWARK, a municipal corporation and the General Law Class, State of California, hereinafter called the “CITY” and SPOSETO ENGINEERING INC., a California Corporation, hereinafter called the “CONTRACTOR”:

WITNESSETH:

That the City and Contractor for the consideration, hereinafter named, agree as follows:

1. That complete Contract includes all of the Contract Documents as if set forth in full herein, to wit: the Notice to Contractors; the Proposal to the City of Newark; the Accepted Bid (Unit Price Schedule); the Bidder’s Statement of Subcontractors’; the Performance Bond; the Payment Bond; the Plans and Specifications; this Agreement; and all Addenda setting forth any modifications or interpretations of any of said Documents.

2. The Contractor will furnish all materials except as otherwise provided in the Specifications and on the Plans and will perform all the work necessary to construct and complete in a good workmanlike and substantial manner, and to the satisfaction of the Engineer, public improvements in accordance with that certain document headed:

SAFE ROUTES TO SCHOOL IMPROVEMENTS, PROJECT NO. 1280
and the Standard Specifications and Plans of the Department of Transportation, State of California, dated May 2006.

All of the above work is on City property, and under the direction of the Engineer or other official designated by the City to supervise said work, all as provided in and subject to the Contract Documents.

1. The Contractor shall comply with all applicable local, state, and federal regulations.

2. The Contractor shall maintain a valid Class A or Class C-8 California Contractor License throughout the performance of work under this contract.

3. The Contractor shall submit a receipt copy or other evidence showing payment of the current City of Newark Business License fee.

4. The Contractor shall provide a Certificate of Insurance to show proof of Comprehensive General Liability Insurance of (minimum) $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and bodily damage; and Workers Compensation and Employers Liability Insurance as required by the Labor Code of the State of California.

Agreement – Safe Routes to School Improvements, Project 1280 Page 2 of 3

5. As of July 1, 2014, all contractors bidding on this project are required to register with the Department of Industrial Relations (DIR) and to pay the required annual fee. Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. The Contractor will be required to submit certified payrolls during the course of this project. This project is subject to compliance enforcement and monitoring by the State of California DIR.

6. The City will pay the Contractor in current funds for the performance of the Contract on the basis of the accepted unit prices and the actual measured quantities of work done at such time as are stated in the Specifications, and will otherwise fulfill its obligations thereunder.

7. All time limits stated in the Contract Documents are of the essence of this Agreement.

8. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith.

9. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

12. If any action shall be brought by the City for the enforcement of any of the conditions, covenants or agreements herein the prevailing party shall recover reasonable attorney’s fees.

13. The Contractor hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, injury, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Contractor, its officers, employees or agents in the performance of any service or work pursuant to this Contract.

14. The duty of Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Contractor to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

Agreement – Safe Routes to School Improvements, Project 1280 Page 3 of 3 It shall be required under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph, including but not limited to the duty to indemnify City set forth herein. By execution of this Contract Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

CITY OF NEWARK FOR THE CONTRACTOR:
a Municipal Corporation SPOSETO ENGINEERING INC.
a California Corporation
By By
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Item D. 4.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Michael Carmen, Assistant Engineer
SUBJECT Approval of the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bids No. 1, No. 2, No. 3, and No. 4 to G. Bortolotto & Co., Inc. for FY 2022-2023 Asphalt Concrete Street Overlay Program, Project No. 1300 and amending the 2022-2024 Biennial Budget; Exempt from CEQA review per CEQA Guidelines Section 15301
SUMMARY AND RECOMMENDATION
Bids for FY 2023 Asphalt Concrete Street Overlay Program, Project No. 1300 were opened on April 18, 2023. The low monetary bidder, G. Bortolotto & Company, Inc., provided a responsive bid, is experienced in this type of project and is a responsible contractor. Staff recommends that the City Council, by motion, approve the plans and specifications and, by resolution, accept the bid and award the contract for the Base Bid plus Additive Alternative Bid No. 1, No. 2, No. 3, and No. 4 to G. Bortolotto & Company, Inc., in the amount of $2,052,005 for FY 2023 Asphalt Concrete Street Overlay Program, Project No. 1300 and amending the biennial budget.

Staff also recommends including an additional $247,995 in construction contingency, bringing the recommended allocation for the project to $2,300,000.

BACKGROUND
The FY 2023 Asphalt Concrete Street Overlay Program, Project No. 1300, combines annual pavement maintenance overlay and patch paving projects to encourage better unit prices. The combined project scope of work includes localized patch paving, pavement grinding, placement of new asphalt concrete pavement, traffic signal loop installations, and general restriping on various City streets. The project also includes four Additive Alternate Bid Items. Additive Alternate Bid No. 1 includes work related to a full width grind and overlay on Tunbridge Drive and Swift Court. Additive Alternate Bid No. 2 includes work related to a full width grind and overlay on Oleander Drive.

Additive Alternate Bids No. 3 and No. 4 are reimbursable work on behalf of Alameda County Water District (ACWD) and Union Sanitary District (USD), respectively. The scope of work for ACWD’s and USD’s respective Alternate Bid Items include alterations and adjustment of existing valves and manholes to finish paving grade after the overlay.

As part of the City of Newark’s ongoing effort to protect and extend the life of its streets, the Public Works Department annually inspects asphalt concrete pavement surfaces to identify areas of potential maintenance and determine the timing and type of appropriate repairs. This effort is supplemented by an independent third-party assessment, conducted every two years, to determine the Pavement Condition Index (PCI) on each City street. The PCI is an objective rating between 0 and 100 that describes the overall condition of each street, and provides the basis for street selection for the current pavement maintenance program. Asphalt concrete overlays involve the placement of an additional layer of asphalt concrete pavement on streets showing a relatively uniform distress pattern over most of the pavement surface. This condition indicates that the pavement needs structural upgrading to accommodate current and future traffic loads. A structural upgrade will prevent complete failure of the street pavement and avoid the very expensive process of complete roadway reconstruction. The increased structural strength due to an asphalt concrete overlay typically extends the useful life of a street by at least ten years.

Patch paving consists of the removal and replacement of localized pavement failures.

The project includes patch paving work on streets that will be resurfaced with a slurry seal under a separate contract. The project will also perform patch paving on streets where a localized pavement failure is too severe to correct with a surface (skin) patch, but the entire street does not need structural upgrading with an asphalt concrete overlay.

Streets included with FY 2022-2023 Asphalt Concrete Street Overlay Program, Project No. 1300 include:

STREET LIMITS
Bennington Drive Radcliffe Avenue to Radcliff
Avenue
Bishop Street & Bishop
Way
Musick Avenue to Burdick Street
Burdick Street Musick Avenue to Souza Avenue
Guava Drive Robertson Avenue to Smith
Avenue
Jonathan Drive McLaughlin Avenue to
McLaughlin Avenue
Jonathan Place Jonathan Drive to End
Lobelia Court Lobelia Drive to End
Madelaine Drive Brittany Avenue to Brittany
Avenue
Madelaine Place Madelaine Drive to End
Mistflower Avenue Hyancith Street to Birch Street
Mockorange Court Guava Drive to End
Severn Drive Edgewater Drive to Edgewater
Drive
Severn Place Edgewater Drive to End
In addition, during development of the Project scope, staff identified Turnbridge Drive, Swift Court, and Oleander Drive as Additive Alternate Bid streets to protect against the possibility of higher-than-expected bid prices. The designation of streets as Additive Alternate Bid items allows staff to either add or exclude the streets from the construction contract based on a comparison of the Alternate Bids received to the available project budget.

DISCUSSION/ANALYSIS
Bids for FY 2023 Asphalt Concrete Street Overlay Program, Project No. 1300 were opened on April 18, 2023. The City received a total of three bids as follows:

Bidder Base Bid
Base Bid
Plus Additive
Alternate Bid No.
1 and 2
Base Bid Plus Additive Bid
No. 1 through 4
G. Bortolotto
& Company,
Inc.
$1,657,134 $1,960,805.00 $2,052,005.00
DeSilva
Gates
Construction
LLC
$1,767,853.00 $2,049,049.00 $2,226,349.00
Goodfellow
Bros.

California
LLC
$1,778,259.00 $2,090,834.25 $2,209,834.25
Engineer’s
Estimate $1,762,110.00 $2,155,082.50 $2,265,482.50
As stated in the Project Specifications, determination of the low monetary bidder was based on the Base Bid plus Additive Alternative Bid No. 1 and No. 2. The lowest monetary bidder, G. Bortolotto & Company, Inc., submitted a responsive bid, is experienced in this type of project, successfully completed a similar project for the City of Newark in 2018, and is a responsible bidder.

Based on the bid submitted by G. Bortolotto & Company, Inc., staff recommends the addition of Additive Alternate Bid No. 1 (Tunbridge Drive and Swift Court) and No. 2 (Oleander Drive) to the construction contract. As detailed below, there are sufficient funds for this project to include the recommended Additive Alternate Bid No. 1 and No.

2. After review of the bids received from G. Bortolotto & Company, Inc. for Additive Alternate Bid No. 3 and No. 4, both ACWD and USD recommend adding their respective Additive Alternate Bid item to the construction contract. The City would be reimbursed for all work performed by the contractor on behalf of ACWD and USD. In accordance with past practice, a ten percent (10%) administrative fee would be added to all ACWD and USD costs to reimburse the City for administration and management of the work.

Staff recommends that the City Council accept the bid and award the contract to the lowest responsible bidder, G. Bortolotto Company, Inc. for the Base Bid plus Additive Alternative Bid No. 1, No. 2, No. 3, and No. 4 in the amount of $2,052,005.

FISCAL IMPACT
In addition to the $2,052,005 contract amount, staff recommends including an additional $247,995 in construction contingency, equivalent to approximately twelve percent (12%) of the contract amount, to account for material testing and other unanticipated construction costs. The added contingency would bring the recommended allocation for the project to $2,300,000. $91,200 of the total allocation would be reimbursed to the City by ACWD and USD for Alternate Bid Item No. 3 and No. 4, respectively.

The 2022-2024 Biennial Budget and Capital Improvement Plan includes sufficient funding for the FY 2023 Asphalt Concrete Street Overlay Program, Project 1300 using a combination of Alameda County Measure B Sales Tax Local Streets and Roads Program funds and Highway Users Tax Account funds. Staff recommends that the City Council approve an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to reallocate funds from previously approved projects as follows:

Description Expenditure Amount
To Gas Tax -
HUTA
Fund
201.90.091.910.6221.CIP001300
$945,750
Gas Tax -
HUTA
Fund
201.90.091.910.6221.CIP001300
$215,050
Measure
B LSR
Fund
281.90.091.910.6221.CIP001300
$290,815
Measure
BB LSR
Fund
284.90.091.910.6221.CIP001300
$129,015
Fr Gas Tax –
HUTA
Fund
201.90.091.910.6221.CIP001281
$945,750
Gas Tax –
HUTA
Fund
201.90.091.910.6221.CIP001250
$215,050
Measure
B LSR
Fund
281.90.091.910.6221.CIP001250
$290,815
Measure
BB LSR
Fund
284.90.091.910.6221.CIP001250
$129,015
ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The repair and maintenance of existing facilities is categorically exempt under the California Environmental Quality Act (CEQA) section 15301 (Existing Facilities).

REVIEW AND APPROVAL
Prepared by – Michael Carmen, Assistant Engineer
Reviewed by – Jayson Imai, Assistant City Engineer
Reviewed by – Soren Fajeau, Public Works Director
Reviewed by – Krysten Lee, Finance Director
Approved by – Kristopher J. Kokotaylo, City Attorney
Attachments
CIP Overlay Reso
Public Works Contract
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE BID AND AWARDING THE

CONTRACT FOR THE BASE BID AND ADDITIVE
ALTERNATE BID NO. 1, NO. 2, NO. 3, AND NO. 4 TO G.

BORTOLOTTO & COMPANY, INC. FOR THE FY 2023

ASPHALT CONCRETE STREET OVERLAY PROGRAM,
PROJECT NO. 1300
WHEREAS, the Public Works Department invited sealed bids for the construction of public improvements for FY 2023 Asphalt Concrete Street Overlay Program, Project No. 1300 (the “Project”); and
WHEREAS, the City has, upon due notice, received a total of three bids for the Project that were reviewed by staff for responsiveness and responsibility; and WHEREAS, as stated in the Project Specifications, determination of the low monetary bidder was based on the Base Bid plus Additive Alternate Bid No. 1 and No. 2; and WHEREAS, G. Bortolotto & Company, Inc. was determined to be lowest responsible bidder with a Base Bid plus Additive Alternate Bid No. 1 and No. 2 of $1,960,805; and WHEREAS, staff recommends, and the City Council seeks, to add Additive Alternate Bid No. 3 and No. 4 to the construction contract which would bring the total construction contract amount to $2,052,005; and
WHEREAS, staff also recommends allocating an additional $247,995 in construction contingency, which would bring the total allocation for Project 1300 to $2,300,000; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby finds that G. Bortolotto & Company, Inc. is the lowest responsive and responsible bidder for FY 2023 Asphalt Concrete Street Overlay Program, Project No. 1300, in the City of Newark.

BE IT FURTHER RESOLVED that the City Council hereby accepts said bid of said company and does hereby authorize the City Manager of the City of Newark to execute an agreement with said company, in a form approved by the City Attorney, for the construction of FY 2023 Asphalt Concrete Street Overlay Program, Project 1300, according to the plans, specifications, and terms of said bid for the Base Bid plus Additive Alternate Bid No. 1, No. 2, No. 3, and No. 4 in an amount not to exceed $2,052,005.

BE IT FURTHER RESOLVED that the City Council hereby approves a construction contingency in the amount of $247,995, resulting in a total allocation of $2,300,000 for Project 1300, with funding through Alameda County Measure B Sales Tax Local Streets and Roads Program funds, and Highway Users Tax Account funds.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to reallocate funds from previously approved projects as follows:

Description Expenditure Amount
To: Gas Tax - HUTA Fund 201.90.091.910.6221.CIP001300 $945,750 Gas Tax - HUTA Fund 201.90.091.910.6221.CIP001300 $215,050 Measure B LSR Fund 281.90.091.910.6221.CIP001300 $290,815 Measure BB LSR Fund 284.90.091.910.6221.CIP001300 $129,015 Fr: Gas Tax – HUTA Fund 201.90.091.910.6221.CIP001281 $945,750 Gas Tax – HUTA Fund 201.90.091.910.6221.CIP001250 $215,050 Measure B LSR Fund 281.90.091.910.6221.CIP001250 $290,815 Measure BB LSR Fund 284.90.091.910.6221.CIP001250 $129,015 BE IT FURTHER RESOLVED that the City Manager, or their designee, to execute any change orders necessary to account for material testing and other unanticipated construction costs within the total allocation for the Project.

BE IT FURTHER RESOLVED that the City Manager is authorized to take any actions necessary to effectuate the intent of this Resolution.

Agreement – FY 2022-2023 Asphalt Concrete Street Overlay Program, Project 1300 Page 1 of 3

AGREEMENT (PUBLIC WORKS CONTRACT)
THIS AGREEMENT, made and entered into this day, of , 2023, and between the CITY OF NEWARK, a municipal corporation and the General Law Class, State of California, hereinafter called the “CITY” and G. BORTOLOTTO & COMPANY, INC., a California Corporation, hereinafter called the “CONTRACTOR”:

WITNESSETH:

That the City and Contractor for the consideration, hereinafter named, agree as follows:

FY 2022-2023 ASPHALT CONCRETE STREET OVERLAY PROGRAM,
PROJECT NO. 1300
and the Standard Specifications and Plans of the Department of Transportation, State of California, dated May 2006.

1. The Contractor shall comply with all applicable local, state, and federal regulations.

2. The Contractor shall maintain a valid Class A California Contractor License throughout the performance of work under this contract.

3. The Contractor shall submit a receipt copy or other evidence showing payment of the current City of Newark Business License fee.

Agreement – FY 2022-2023 Asphalt Concrete Street Overlay Program, Project 1300 Page 2 of 3

7. All time limits stated in the Contract Documents are of the essence of this Agreement.

10. If any action shall be brought by the City for the enforcement of any of the conditions, covenants or agreements herein the prevailing party shall recover reasonable attorney’s fees.

11. The Contractor hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, injury, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Contractor, its officers, employees or agents in the performance of any service or work pursuant to this Contract.

The duty of Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Contractor to Agreement – FY 2022-2023 Asphalt Concrete Street Overlay Program, Project 1300 Page 3 of 3 indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

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

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

CITY OF NEWARK FOR THE CONTRACTOR:
a Municipal Corporation
By By
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Item D. 5.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Adopt a resolution approving an amendment to the Contractural Services Agreement with Bureau Veritas North America Inc. for additional Building Inspection Division Plan Review and Miscellaneous Support Services
SUMMARY AND RECOMMENDATION
The City previously entered into a Contractual Services Agreement with Bureau Veritas North America, Inc. (Bureau Veritas) for ongoing Building Inspection Division plan review, field inspection and miscellaneous support services. The Bureau Veritas agreement provided for initial not-to-exceed amounts of $100,000 per fiscal year.

The initial not-to-exceed amount for the agreement was based on anticipated contractual support services needs for the division that primarily involved ongoing plan review of higher-level projects under Bureau Veritas’ agreement. The Building Inspection Division has since identified the need for additional support services under the agreement due to additional higher-level projects being submitted. The existing agreement with Bureau Veritas is intended to be flexible so that additional technical support services are available when needed. However, any adjustments to the not-to-exceed amounts for a given fiscal year require approval by the City Council.

Staff recommends that the City Council, by resolution, authorize the City Manager to execute an amendment to the agreement between the City of Newark and Bureau Veritas North America, Inc. for an additional $46,000 with an updated not-to-exceed amount of $146,000.

BACKGROUND
In November 2020, the City entered into multi-year Contractual Services Agreements with Bureau Veritas North America, Inc. (Bureau Veritas) for ongoing Building Inspection Division plan review, field inspection and miscellaneous support services. The Bureau Veritas agreements provided for initial not-to-exceed amounts of $100,000 per fiscal year, respectively. The initial not-to-exceed amount for the agreement was based on anticipated contractual support services needs for the division that primarily involved ongoing plan review of higher-level projects. The Building Inspection Division has since identified the need for additional support services under the agreement due to additional higher-level projects being submitted.

The existing agreement with Bureau Veritas is intended to be flexible so that additional technical support services are available when needed. However, any adjustments to the not-to-exceed amounts for a given fiscal year require approval by the City Council. the not-to-exceed amounts for a given fiscal year require approval by the City Council.

DISCUSSION/ANALYSIS
The Building Inspection Division recently received additional higher-level projects for development. Staff has evaluated the additional plan review, and miscellaneous support service needs of the Building Inspection Division for the remainder of the fiscal year and determined that an additional $46,000 should be authorized with a fourth amendment under the contract with Bureau Veritas to bring the total not-to-exceed amount to $146,000. The amendment to the contract requires approval by the City Council, but no budget amendment is necessary as there are sufficient unencumbered funds available.

FISCAL IMPACT
Staff is recommending that the Fiscal Year 2023 not-to-exceed contract agreement amount with Bureau Veritas be increased by an additional $46,000. However, there is no fiscal impact to the 2022-2024 Biennial Budget and Capital Improvement Plan for the current fiscal year for this proposed increase as there are sufficient unencumbered funds available.

REVIEW AND APPROVAL
Prepared by - Matthew Farrell, Chief Building Official
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
BVNA Resolution
Amendment
BV Agreement
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENTS WITH BUREAU

VERITAS NORTH AMERICA FOR ADDITIONAL PLAN

REVIEW SERVICES
WHEREAS, the City of Newark entered into a multi-year Contractual Services Agreement (Bureau Veritas Agreement) on November 12, 2020 with Bureau Veritas North America, Inc. (Bureau Veritas) to provide ongoing plan review services for the Building Inspection Division, with a not to exceed $100,000 per fiscal year unless otherwise approve in writing for any additional amount; and
WHEREAS, an expected intake of three large development projects are expected and would require the additional plan review performed by Bureau Veritas; and WHEREAS, no amendment of the 2022-2024 Biennial Budget and Capital Improvement plan is necessary due to the costs for said services will be offset by a reduction in funding from the other contractual services provider as they lack the resources to provide assistance; and WHEREAS, the Fourth Amendment to the Bureau Veritas Agreement, incorporated herein by reference, have been prepared to amend the not to exceed amounts for these additional services.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the Fourth Amendment to the Contractual Services Agreement with Bureau Veritas North America, Inc. to increase the not-to-exceed limit of additional services by $46,000 to a total compensation limit of $146,000 for fiscal year 2022-2023.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute the Fourth Amendment to the Contractual Service Agreement with Bureau Veritas North America, Inc, on file with the City Clerk, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.

FOURTH AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND
BUREAU VERITAS NORTH AMERICA, INC.

This Fourth Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, (“City”) and BUREAU VERITAS NORTH AMERICA, Inc., a Corporation (“Consultant”) (together sometimes referred to as “Parties”) dated November 12, 2020, is entered into as of May __, 2023.

RECITALS
WHEREAS, the Parties executed a Contractual Services Agreement (the “Agreement”) to provide building inspection field inspection and related professional services; and WHEREAS, Section 27 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement for the Consultant to provide additional services in the amount of $46,000 for fiscal year 2022-2023 in a total amount not to exceed $146,000 for services provided during that fiscal year; and WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. “Not to Exceed” Compensation, of the Agreement, is amended to provide for additional $46,000 for a not to exceed compensation of $146,000 for services provided by Consultant for fiscal year 2022-2023.

2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.

City of Newark Consultant
Bureau Veritas North America, Inc.
____________________________ _______________________
David Benoun Craig Baptista
City Manager Vice-President
Dated: _____________________ Dated: __________________
Attest:
_____________________________
Sheila Harrington
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney

Item D. 6.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Michelle Griese, Lieutenant
SUBJECT Adopt a resolution approving a contractual service agreement with Mike Yorks Investigations and amending the 2022-2024 Biennial Budget.

SUMMARY AND RECOMMENDATION
The City of Newark Police Department is committed to maintaining staffing levels necessary to provide high levels of public safety services to the community. There are currently twelve open police officer positions within the department. The department is focused on recruitment efforts to attract qualified candidates. Prior to hiring police officers, a background investigation that complies with California Peace Officer Standards and Training (POST) guidelines is required. To fill current vacancies, staff anticipates the need to conduct more background investigations than in previous years.

The department has previously utilized with Mike Yorks Investigations to complete the required police department staff background investigations.

Staff recommends that the City Council adopt a resolution to approve a contractual service agreement with Mike Yorks Investigations with a not-to-exceed amount of $90,000 per year and amend the 2022-2024 Biennial Budget by $40,000 for Fiscal Year (FY) 2023 and 2024. These funds will be used for additional police department background investigations, as necessary, to hire qualified candidates for all police positions, including police officer positions.

BACKGROUND
California state regulations require that every peace officer candidate undergo a thorough background investigation to verify good moral character and absence of past behavior indicative of unsuitability to perform the duties of a peace officer, including any acts requiring denial of employment pursuant to the California Law Enforcement Accountability Reform (CLEAR) Act. This following dimensions are required to be considered by California regulations:
• Integrity
• Impulse Control/Attention to Safety
• Substance Abuse and Other Risk-Taking Behavior
• Stress Tolerance
• Confronting and Overcoming Problems
• Obstacles
• Adversity
• Conscientiousness
• Interpersonal Skills
• Decision-Making and Judgment
• Learning Ability
• Communication Skills
A background investigator is required to investigate the following when conducting a peace officer background investigation:

1. Citizenship verification

2. Age verification

3. Criminal and other qualification records checks (local, state, and national)

4. Driving record check

5. Education verification

6. Employment history checks

7. Relatives/personal references checks

8. Dissolution of marriage check

9. Neighborhood checks

10. Military history check

11. Credit records check

12. Social media check
Upon completing the above investigative steps, the background investigator is required to summarize the background investigation results in a narrative report that includes sufficient information for the reviewing authority to extend, as appropriate, a conditional offer of employment. The report shall reference the Background Investigation Dimensions and include any findings of behaviors, traits and/or attributes that may be relevant to bias per the Bias Assessment Framework.” (California Code of Regulations 1953(g)(1)).

In 2016, the Police Department contracted with Mike Yorks Investigations to conduct thorough, accurate and objective pre-employment background investigations of police department employee candidates in accordance with guidelines set forth by POST.

This contract was set with a not to exceed amount of $50,000 annually. Since 2016, the cost of backgrounds has not increased. The current average cost to complete a peace officer background investigation is approximately $3100 per candidate. The cost of the background investigation varies depending on how much of the background investigation is completed. For example, if information is garnered during the investigation that disqualifies the candidate, the background investigation is terminated and the cost is less than the average.

DISCUSSION/ANALYSIS
Since the start of FY 2023, the Police Department contracted Mike Yorks Investigations to conduct twenty background investigations for police officer trainee candidates. From these backgrounds one police lieutenant and three police officer trainees were hired.

Additional background investigations were contracted that led to the hiring of one support services manager, one crime analyst and one police service aide. Each of these hired positions required a comprehensive background investigation that was conducted by Mike Yorks Investigations.

The Police Department currently has twelve open police officer positions, one open part-time community services officer position, one part-time vehicle abatement officer and a police service aide position. The FY 2023 budget allocated $50,000 for background investigations, and all funds were used to hire the above listed positions.

The Police Department currently has sixteen applicants in the background phase and forecasts additional candidates moved into the background phase before the end of FY 2023 to continue to fill vacant police officer trainee positions.

FISCAL IMPACT
In order to continue qualified candidates through an uninterrupted background process and increase the likelihood of providing candidates with a conditional job offer prior to competing agencies, staff recommends that the City Council by resolution approve the contractual service agreement with Mike Yorks Investigations with a not-to-exceed amount of $90,000 per fiscal year. With this increased not-to-exceed amount, a budget amendment is required. As part of the 2022-2024 Biennial Budget, $50,000 was previously appropriated for background investigation services. Staff further recommends the City Council amend the 2022-2024 Biennial Budget by $40,000 increasing the professional services appropriation in the Patrol division (110.30.031.310.6220) for FY 2023 and FY 2024 to $90,000 per fiscal year.

REVIEW AND APPROVAL
Prepared by - Michelle Griese, Acting Captain
Reviewed by - Gina Anderson, Police Chief
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Agreement
Mlr1
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY TO APPROVE THE

CONTRACTUAL SERVICE AGREEMENT WITH MIKE
YORKS INVESTIGATIONS AND AMEND THE 2022-2024
BIENNIAL BUDGET.

WHEREAS, The Newark Police Department has been working with Mike Yorks Investigations since 2016 to conduct thorough, accurate and objective pre-employment background investigation of Public Safety candidates in accordance with California Peace Officers Standards and Training (P.O.S.T). The consultant prepares and submits professional reports of the findings of each pre-employment background investigations; and WHEREAS, funding in the amount of $50,000 has been allocated to the Newark Police Department to conduct background investigations on new hires, the Police Department currently has 12 applicants in background and estimates the total cost to be approximately $3000 per candidate. The Police Department forecasts additional candidate backgrounds for the remaining FY2022-2023. A budget amendment would be required for this contractual service agreement with Mike Yorks Investigations to increase it by $40,000 – not to exceed amount of $90,000 per fiscal year.

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

BE IT FURTHER RESOLVED the City Council approves and authorizes the City Manager to execute an agreement with Mike Yorks Investigations, in an amount not to exceed $90,000 per fiscal year and in a form approved by the City Attorney and amend the 2022-2024 Biennial Budget to increase by $40,000 for fiscal years 2023 and 2024 as follows:

TO: 110.30.031.310.6220 Professional Services for Patrol Division $40,000 FR: 110.3000 GF Unallocated Fund Balance $40,000
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this resolution.

CSA 8/2019 -1-

CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this 24TH day of March 2023 by and between the CITY OF NEWARK, a municipal corporation (“City”), and MIKE YORKS INVESTIGATIONS (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform the services generally including:
provide pre-employment background investigations and reports, consulting services regarding hiring processes, and assistance with projects as needed for the Newark Police Department; and WHEREAS, in response to City’s request, Consultant submitted a proposal and, after negotiations, Consultant agreed to perform the Services more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C”, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.

NOW, THEREFORE, the Parties hereto agree as follows:

1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.

2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.

Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.

CSA 8/2019 -2-

3. COMPENSATION.

A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum $90,000 PER FISCAL YEAR unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount.

B. Method of Billing. To request payment, Consultant shall submit monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).

Consultant shall submit all billings for said Services to City in the manner specified in Exhibit “B”; or, if no manner is specified in Exhibit “B”, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City.

Invoices shall be sent to:

City of Newark
Attn: Finance Department
37101 Newark Blvd.

Newark, CA 94560
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.

C. Payment. Upon receipt of an invoice, City shall make payments to Consultant on a monthly basis, or at such other times as may be specified in Exhibit “B”, for Services, which are performed in accordance with this Agreement to the satisfaction of City.

D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).

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4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by written task order approved in advance of the performance thereof. Such task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services. Except to the extent modified by a task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to this Agreement.

Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its Subconsultants, if any, identified in Exhibit “C”. Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or Subconsultants identified in Exhibit “C”, without the prior written consent of City. All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

Consultant agrees to include with all Subconsultants in their subcontract the same requirements and provisions of this Agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subconsultant’s work. Subconsultants hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subconsultant further agrees to include these same provisions with any Sub-subconsultant. A copy of this Agreement’s Indemnity and Insurance provisions will be furnished to the Subconsultant upon request. The Consultant shall require all Sub-subconsultants to provide a valid certificate of insurance and the required endorsements included in this Agreement prior to commencement of any Services and will provide proof of compliance to the City.

In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or Subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.

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8. INFORMATION AND DOCUMENTATION.

A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.

B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product or the confidential information contained in the Work Product, or make it available, to any third party without the prior written consent of City.

9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.

10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.

11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

Consultant shall perform Services using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

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12. RESERVED.

13. RESERVED.

14. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.

A. Verification of Coverage.

Consultant shall furnish City with original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences.

Proof of Insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the City Risk Manager:

CITY OF NEWARK
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

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

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and
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4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

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

Consultant shall maintain limits no less than:

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

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

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

4. Errors and Omissions
Liability:
$1,000,000 per occurrence or
claim; $2,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City Risk Manager. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City Risk Manager or designee.

E. Claims Made Policies.

For all “claims made” coverage, in the event that Consultant changes insurance carriers Consultant shall purchase “tail” coverage or otherwise provide for continuous CSA 8/2019 -7-
coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.

F. Wasting Policies.

No policy required by this paragraph 14 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).

G. Remedies.

In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

2. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

3. Terminate this Agreement.

H. Acceptability of Insurers.

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

I. Other Insurance Provisions.

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

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

2. Primary Coverage. For any claims related to Services, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, directors, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, directors, employees, or volunteers shall be excess of Consultant’s insurance and shall CSA 8/2019 -8-
not be contribute with it. Consultant’s policy will not seek contribution from the City’s insurance or self-insurance.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled during the term of this Agreement without notice to City.

4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

6. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.

7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, and volunteers for losses arising from work performed by Consultant for City.

8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 14 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.

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

15. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 19, herein below) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

CSA 8/2019 -9-

16. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subconsultants.

Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established.

An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

The review, acceptance or approval of Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

Consultant/Subconsultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

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17. LICENSES, PERMITS, ETC. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Newark Business License.

18. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by Consultant.

B. Notwithstanding the provisions of paragraph 18 Section A above, City may terminate this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3.

In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder.

19. CONTRACT ADMINISTRATION. This Agreement shall be administered by of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.

20. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:

CITY OF NEWARK

MIKE YORKS INVESTIGATIONS
Consultant Administrator
Address: 1438 Lansing Avenue
San Jose
CA 95118
City of Newark
Attn:
37101 Newark Boulevard
Newark, CA 94560

21. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

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22. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

23. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.

24. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

25. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

26. ASSIGNABILITY. Neither Consultant nor City shall subconsult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.

27. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

28. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

29. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

31. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK,
a municipal corporation
CITY OF NEWARK, a municipal corporation CONSULTANT
____________________________ ____________________________ By: By: By:

Title: Title:

Date: ____________________________ Date: ____________________________ ATTEST:
____________________________
By: Sheila Harrington
Title: City Clerk
Date: ____________________________
APPROVED AS TO FORM:
____________________________
By: Kristopher Kokotaylo
Title: City Attorney
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EXHIBIT A

SCOPE OF SERVICES
This Scope of Services, Exhibit “A,” is hereby incorporated by reference into the Agreement, under Agreement Paragraph 1.
a. Conduct thorough, accurate and objective Pre-employment Background Investigations of Public Safety candidates, in accordance with California Peace Officers Standards and Training (P.0.S.T.).
b. Prepare and submit professional reports of the finding of each Preemployment Background Investigation. c. Collect documentation in the process of conducting the Background Investigations and organize the documentation in accordance with P.O.S.T. regulations.
d. Assist with hiring processes, including but not limited to interviews, testing processes, creating tests, and evaluation of applicants, on an as needed basis.
e. Assist with projects as assigned, on an as needed basis. f. Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Servicesin a timely and productive manner.
g. Reasonably and regularly communicate with City regarding progress Consultant has made in performing Services.

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EXHIBIT B

PAYMENT
Asfull compensation for the Servicesrendered pursuant to this Agreement, City shall pay Consultant the rate of $75 per hour for any work requested in writing by City. Consultant shall provide invoices requesting compensation on a monthly basis.

TRAVEL-RELATED EXPENSES
City will reimburse Consultant for all travel related expenses associated with the Services requested by City and provided under this Agreement, provided Consultant provides reasonable prior to incurring such expenses and City consents to reimbursing such expenses in writing.

Consultant will make every effort to ensure that travel expenses are at the minimum possible.

For Services that require overnight travel and/or airfare, expenses that qualify for reimbursementshall include air travel, ground transportation, one night accommodation, and one meal. City shall have the option of arranging all travel per its Newark Police Department travel policies.

For Services that do not require overnight travel and/or airfare but require travel by automobile in excess of 150 miles beyond 37101 Newark Blvd, Newark, California, then City shall pay a flat fee of $300.00 to consultant.

Consultantshallsubmit all receipts related to any reimbursement contemplated herein and such expenses shall be payable as described in Section 3 of this Agreement.

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EXHIBITC

QUALIFICATIONS
Summary of
Qualifications
California State Licensed Investigator
Police Academy Coordinator and Instructor
Honorably Retired Sergeant Los Gatos/Monte Sereno Police Department Sergeant with SWAT, Crime Scene, Investigators, Traffic Investigators and Field Training Officers
Homicide, Burglary and Crimes Against Persons Investigator Tactical Commander
Patrol Division Sergeant/Traffic Sergeant
Field Training Officer, Crime Scene Investigator and Crime Prevention Officer
Menlo Park Police Department Patrol Officer

EDUCATION
Oceana High School, Pacifica, CA 1968
Menlo Park Reserve Police Officer Academy 1974
San Jose City College, Basic Police Academy 1976
San Jose City College, AA Administration of Justice 1987

PROFESSIONAL SCHOOLS AND POST CERTIFICATES
1974 POST Certified Reserve Police Academy
1976 POST Certified Police Academy
1979 Field Training Office School POST
1980 Burglary Investigation School POST
1980 Sex Crime Investigation School POST
1980 Homicide Investigation School POST
1982 Vice Investigation School POST
1988 Crime Prevention School POST
1989 Chemical Munitions Instructor Certification
1990 Internal Affairs Investigation POST
1990 Drug Identification and Influence School POST
1991 Police Supervision Course POST
1991 Pre-Employment Background Investigation School POST 1993 Basic SWAT FBI School POST
1996 Bloodstain Dynamics School POST
1997 SWAT Team Leader School POST
1998 SWAT Tactical Commander School POST
2003 Police Academy Instructor

MANAGEMENT COURSES
1991 Police Supervision School POST
1992 Sergeant as a Team Leader School POST
1993 Sergeant and a Field Supervisor School POST
1996 Assertive Supervision and Appraisal School POST
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1998 Tactical Commander School POST
2006 Police Academy Scenario Event Coordinator

TRAINING ACTIVITIES
Coordinator/Trainer/Instructor at Evergreen Community College, College of San Mateo, Monterey Peninsula College and Gavilan College/Basic Police Academies. Interviewing, Investigation, Patrol Techniques, Disputes, Domestic Violence, Child Abuse, Crimes in Progress, Weapons Violations, Vehicle Pullovers and Dispute Techniques, Report Writing, Scenario Testing/Training and Communications Field Training Officer Los Gatos/Monte Sereno Police Department Field Training Supervisor Los Gatos/Monte Sereno Police Department, SWAT Team Training Los Gatos/Monte Sereno Police Department

TRAINING ACTIVITIES
Instructor in Police Community Relations/Crime Prevention for Town Of Los Gatos Residents and Business Owners Crime Scene Investigator Training Los Gatos/Monte Sereno Police Depa1tment

AREAS OF EXPERTISE
Supervisor, Evaluator andTrainer Investigator in Civil Cases andforPrivate Clients Investigator inHomicide, Burglary and Crimes Against Persons Crime Scene Processing; Including Evidence Preservation and Collection.

Photography and Videography.

Public Speaking and Classroom Instruction
Courtroom Testimony
Interviewing
Report Writing
Pre-employment Background Investigation
SWAT Tactics and Training
Building Entry and Use of Force Instructor
Chemical Agent Instructor
Chemical Munitions Instructor
Traffic Collision Investigations
Item D. 7.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Introduction of an ordinance amending Chapter 15.04, General Provisions, and Chapter

15.44, Green Building and Construction and Waste Debris Recycling, of the Newark Municipal Code to align with State requirements
SUMMARY AND RECOMMENDATION
Newark Municipal Code Chapters 15.04, General Provisions, and 15.44 Green Building and Construction and Waste Debris Recycling currently do not align with State requirements due to numerous Assembly and Senate bills that have been passed over the last few years. The proposed ordinance would amend the Newark Municipal Code to align with the State requirements as well as allow for an additional enforcement method under SB 1383.

Staff recommends that the City Council waive full reading and, by title only, introduce an ordinance amending chapters 15.04 General Provisions and 15.44 Green Building and Construction and Waste Debris Recycling of the Newark Municipal Code.

BACKGROUND
Several recent State law updates have resulted in a need for the City to update the current Newark Municipal Code (NMC) Chapters 15.04 and 15.44. This recent legislation includes, but is not limited to, AB 1124 (2021), SB 1383 (2020), AB 2913 (2018), and others, which impacted and required cities to change certain processes related to building standards and the way to enforce local process on handling of permitted projects. The proposed ordinance would align the requirements that the State has imposed. The SB 1383 recycling initiative has brought more requirements on the City and the proposed plan will help to enforce these requirements. Most cities have brought forward similar processes of deposits based on weight or volume of materials for an enforcement method. The proposed ordinance would be expanded to provide options on ways to be compliant without causing an undue burden to property owners and contractors.

DISCUSSION/ANALYSIS
Currently, NMC Chapter 15.04, General Provisions, contains language that had been Currently, NMC Chapter 15.04, General Provisions, contains language that had been based on how building codes should be enforced and also outlined processes for staff to follow. Many of these chapters are now found in the code language itself, such as in the Administrative Code recently adopted by the City Council. Therefore, some duplicated language such as sections 15.04.210, 230, and 240 are proposed to be removed from the updated chapter. The other changes proposed are to clarify the process on how to enforce the standards and align with current State requirements.

NMC Chapter 15.44, Green Building and Construction and Waste Debris Recycling, requires amendments largely due to Senate Bill 1383 and to address certain development projects that were not meeting code-required diversion measures due to a lack of established enforcement standards on the projects. Staff reviewed many options including the use of fines, deposits, and the withholding of occupancies as tools to gain compliance. From staff's perspective, the best approach is a deposit program that can ensure compliance the minimum requirements without resulting in an adverse impact on the project because if the projects meet the established requirements the deposit would be refunded. The option of utilizing fines at the end of the project would be challenging to capture and may require a lien process, thus expending additional staff resources.

FISCAL IMPACT
There is no direct fiscal impact due to adoption of the proposed ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING CHAPTER 15.04, GENERAL PROVISIONS, AND AMENDING CHAPTER 15.44, GREEN BUILDING AND CONSTRUCTION AND DEMOLITION

DEBRIS RECYCLING OF THE NEWARK MUNICIPAL CODE TO MAKE

ADMINISTRATIVE REVISIONS AND REVISIONS REGARDING CONSTRUCTION

AND DEMOLITION WASTE DIVERSION REQUIREMENTS
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the State Department of Resources, Recycling and Recovery estimates that construction and demolition debris account for between 21.7 to 25.5 percent of the disposed waste stream; and
WHEREAS, diverting construction and demolition debris from landfills has played a major role in the City’s process to achieve and maintain the State-mandated waste diversion goals; and
WHEREAS, Title 15 of the Newark Municipal Code includes the adoption of the current California Building Code and the California Green Buildings Standards Code; and WHEREAS, the City requires revisions to the General Provisions requires revisions to reflect appropriate practices; and
WHEREAS, the General Provisions and Green Building and Construction and Demolition Debris Recycling Construction and Demolition Waste Diversion standards in Chapters 15.04 and 15.44 of the Newark Municipal Code require updates; and WHEREAS, the City is not able to effectively implement the California Green Buildings Standards Code regarding construction and demolition debris diversion requirements, and amendments to the City’s Municipal Code are now necessary to ensure diversion requirements can be enforced.

THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Amendments.

The City Council hereby approves the amendments to the Municipal Code, more specifically, amending Chapter 15.04 and Chapter 15.44, as shown with revisions in redline in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hour
SECTION 3. 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 4. CEQA.

Approval of the ordinance is exempt from further 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 that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. Publication and effective date.

Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Newark, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

Item E. 1.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Carmelisa Lopez, Senior Planner
SUBJECT Canceled Public Hearing to consider approval of P2021-002, including an Ordinance establishing a Planned Development Overlay District, entitlements for Design Review, a Minor Use Permit, and a Vesting Tentative Map, and adoption of a Mitigated Negative Declaration supported by an Initial Study in accordance with the California Environmental Quality Act for a 118-unit residential development located at 38288-38594 Cedar Boulevard
Staff is in the process of further reviewing the proposed 118-unit residential project at 38288-38594 Cedar Boulevard and has canceled the public hearing. Staff anticipates that the project will be finalized and presented to the City Council at a duly noticed public hearing on May 25, 2023.

No City Council action is required, this item is informational for the public.

Item E. 2.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Jolie Macias, Captain
SUBJECT Public Hearing and Introduce an Ordinance Approving and Re-Adopting a Military Equipment Use Policy as Stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in Compliance with Assembly Bill 481 SUMMARY AND RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and waive full reading and introduce, by title only, an ordinance approving and re-adopting a military equipment use policy as stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in compliance with Assembly Bill 481.

Assembly Bill (AB) 481 requires the Newark Police Department (NPD) to seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as “military equipment.” This report outlines staff’s work in complying with AB 481 and includes staff’s recommendation to conduct a public hearing to receive input on the current military equipment policy and waive full reading and introduce an ordinance re-adopting Newark Municipal Code Ordinance Chapter 2.50, “Military Equipment Use Policy.” The “2022 Annual Military Equipment Use Report and Qualifying Equipment Inventory” demonstrates compliance with all requirements set forth in AB 481 and no changes to the policy are recommended.

BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the City Council by an ordinance adopting a “military equipment” use policy. The item must be heard during a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The term “military equipment”, as used in Government Code section 7070, in fact does not necessarily indicate equipment that has been used by the military or purchased from the federal government and the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs. AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. military equipment within its jurisdiction only if it makes specified determinations.

On May 26, 2022, the City Council held a public hearing to receive input on a Newark Police Department Military Equipment Use Policy and introduce an ordinance adding Chapter 2.50, “Military Equipment Use Policy” to the Newark Municipal Code. The City Council subsequently adopted this ordinance on June 9, 2022, meeting the requirements of AB 481.

Under AB 481, the City Council must review the ordinance that it has adopted, approving of the funding, acquisition, or use of military equipment, at least annually, and vote on whether to renew the ordinance at a regular meeting. During the review process, the City Council must determine, based on the military equipment report submitted, whether each type of military equipment in the report has complied with the standards for approval set forth under state law. If it determines a type of equipment identified in the report has not complied with the standards for approval, the City Council must either disapprove of the renewal of the ordinance or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

DISCUSSION/ANALYSIS
The City of Newark Police Department is in possession of equipment that qualifies as “military equipment” under AB 481 but does not currently receive or utilize surplus military equipment, does not possess any equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. “Military equipment” is defined in California Government Code section 7070 and includes items used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Newark Police Department.

AB 481 requires any proposed or final Military Equipment Use Policy to be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use. On April 26, 2022, NPD posted the draft Military Equipment Policy prominently on the department’s public website, including the “Military Equipment Inventory,” which lists qualifying equipment owned/utilized by NPD.

After the second reading of the ordinance, NPD updated the website with the final City Council-reviewed Military Equipment Policy.

To comply with the review and approval of the Military Equipment Policy governed by AB 481, Newark Municipal Code Chapter 2.50 requires that NPD submit an annual military equipment report to the City Council, containing information required in Government Code Section 7072, and City Council must then determine whether each type of military equipment identified in that report has complied with the standards for approval. The proposed ordinance relies on the state law definition of Military Equipment. State law and NMC Chapter 2.50 requires that the City Council review this ordinance and vote on whether to renew it and the Military Equipment Policy, on an annual basis at a regular meeting to satisfy the requirements of AB 481. annual basis at a regular meeting to satisfy the requirements of AB 481.

The 2022 Annual Military Equipment Use Report and Qualifying Equipment Inventory was posted to the police department website and submitted to the City Council on March 7, 2023. As required under Government Code Section 7072, within 30 days of the report’s publication, a community engagement meeting was held on April 4, 2023, at the Newark Police Department. As required by State law, the community engagement meeting was held to discuss and allow the public to ask questions about the 2022 Annual Military Equipment Use Report and Qualifying Equipment Inventory funding, acquisition, and use. Overall, community members were interested in learning about the various equipment and asked questions primarily about functionality.

Given the inherently unpredictable nature of providing for public safety, it is critically important that NPD maintain the ability to acquire and utilize equipment that could prove essential to emergency operations, even if that equipment has not previously been included in the approved Military Equipment Policy. In exigent circumstances, it is not feasible to convene City Council meetings to seek advance approval for the use of equipment that is needed to carry out critical operations. Therefore, the ordinance, as previously approved, also includes a section establishing the parameters for use of Military Equipment that is not included in the approved Military Equipment Use Policy in exigent circumstances.

The following is a list of qualifying equipment that NPD currently possesses for review and approval.  The items are described in greater detail within the Military Equipment Inventory attachment to the policy:
•    Unmanned Aircraft Systems (UAS/Drones)
•    Robotex Avatar Robots
•    Armored Rescue Vehicle - Lenco BearCat G1
•    Mobile Command Vehicle
•    Patrol Rifles – Colt AR-15
•    SWAT Rifles – M4 Style platform automatic rifle
•    Compact Heckler Koch Submachine Guns
•    .308 Bolt Action Rifles
•    CTS CS gas systems
o    Baffled Canister Grenades
o    40mm CS Liquid Barricade Projectile
o    CS JetLite Rubber Ball Grenade
o    CS Flameless Expulsion Canister
o    CS Canister Grenade
o    40mm Frangible Impact – CS Powder
•    CTS 7290 – Flash Bang Noise Flash Diversionary Device •    PepperBall launcher
•    Deftech LMT 40mm kinetic energy projectiles with 40 mm projectiles NPD intends to replace previously approved patrol rifles and intends to add five additional rifles to the equipment inventory for 2023.  Any other purchases for Newark PD in 2023 include items needed to maintain inventory for previously approved military equipment which need to be repaired or replenished after being used in either the field or training environments.  The department will be exploring the potential to acquire a miniature confined space capable UAS/Drone.  Future attempts to obtain the UAS/Drone or any additional types of military equipment not expressly provided herein, will adhere to procedures set forth in the Government Code and our Military Equipment policy; this includes a public hearing for City Council approval prior to acquisition.

FISCAL IMPACT
No significant fiscal impacts are anticipated other than additional staff time to prepare and present future items in compliance with AB 481.

REVIEW AND APPROVAL
Prepared by - Jolie Macias, Police Captain
Reviewed by - Gina Anderson, Chief of Police
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Copy of Ordinance 536
Copy of NPD Policy 709
Annual Report
481Renewal Ordinance
AB 481 PowerPoint
ORDINANCE NO. 536

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A MILITARY
EQUIPMENT USE POLICY AND ADDING CHAPTER 2.50
“MILITARY EQUIPMENT USE POLICY” TO TITLE 2.
“ADMINISTRATION AND PERSONNEL” OF THE NEWARK

MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL
481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c); and
WHEREAS, the Newark Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy. The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code Section 7071 subdivision (d); and
WHEREAS, the military equipment use policy and supporting information must, upon adoption by ordinance, thereafter be approved by the governing body by ordinance and reviewed annually; and WHEREAS, the proposed military equipment use policy, including military equipment inventory, has been prepared by the Newark Police Department and identified as Policy 709; and WHEREAS, Policy 709 was published on the Newark Police Department’s internet website 30 days prior to the public hearing concerning the military equipment at issue in compliance with Government Code Section 7071(b); and
Ordinance No. 536 2
WHEREAS, the Newark Police Department commenced the approval process prior to May 1, 2022, in accordance with Assembly Bill 481; and
WHEREAS, the Policy 709 was presented to City Council at a public hearing on May 26, 2022; and WHEREAS, the Policy 709 meets the requirements of California Government Code Section 7070(d); and
WHEREAS, the City Council of the City of Newark, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7071(d), deems it to be in the best interest of the City to approve the Newark Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth herein.

THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

The Newark Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

The Newark Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

The military equipment identified in the Newark Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

Prior military equipment use by the Newark Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The Newark Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and adopted.

SECTION 3. Addition of Chapter 2.50.

Ordinance No. 536 3
Chapter 2.50, Military Equipment Use Policy, is added to the Newark Municipal Code as follows:
“Chapter 2.50 Military Equipment Use Policy.

Pursuant to Government Code Section 7071(d), the City Council has made the following determinations:

The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;
The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); and Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The Police Department has submitted a proposed Policy to the City Council identified as Newark Police Department Policy 709 and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.

The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.

The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above.

The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

Ordinance No. 536 4
The City Council approves the use of the Policy identified as Newark Police Department Policy 709, and finds that it satisfies the requirements of Government Code Section 7070(d).” SECTION 4. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. CEQA.

SECTION 6. Publication and effective date.

Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the TriCity Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Newark, in accordance with California Government Code Section 36933.

This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

Ordinance No. 536 5
The foregoing ordinance was introduced and read before the City Council of the City of Newark by Council Member Collazo at the regular meeting of the City Council of the City of Newark held on May 26, 2022.

This ordinance was read at the regular meeting of the City Council held June 9, 2022.

Council Member Bucci moved that it be adopted and passed, which motion was duly seconded, and said ordinance was passed and adopted.

AYES: Council Members Bucci, Collazo, Vice Mayor Hannon, and Mayor Nagy NOES: None
ABSENT: Council Member Freitas
SECONDED: Council Member Collazo
APPROVED:
s/ALAN L. NAGY
ATTEST: Mayor
s/KATHLEEN L. SLAFTER
Deputy City Clerk

APPROVED AS TO FORM:
s/KRISTOPHER J. KOKOTAYLO
City Attorney
Policy
709
Newark Police Department
Newark PD Policy Manual
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 550 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the city of Newark Police Department.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers, excluding police versions of standard consumer vehicles. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles (ATVs) and motorized dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.

Newark Police Department
Newark PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 551 • Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Newark Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

Items deemed to be "military equipment" by Government Code § 7070 (c) are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety.

The Newark Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Newark Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Newark Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment as defined by Government Code § 7070 (c) in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Newark Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting on the department's website at least thirty (30) days prior to any public hearing concerning the military equipment at issue.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website for as long as the equipment is made for use (Government Code § 7072).

Newark Police Department
Newark PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 552 (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment Inventory.pdf
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with the policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction, or otherwise engage in law enforcement operations within Newark shall comply with their respective military equipment use policies when rendering assistance.

Newark Police Department
Newark PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 553 709.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.

In accordance with this section, if the department borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. • Make all efforts to provide written notice of the use to the City Council within fourteen (14) days, but in no event more than 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90days following the borrowing and / or use, and receive approval for continued use. • Include the equipment in the department's next annual military equipment report. • Department members are required to adhere to the Department's Military Equipment Procedure and all policies and procedures outlined within the Newark Police Department's Policy and Procedures Manual, regardless of jurisdiction. 709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.9 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Attachment Newark PD Policy Manual
Newark PD Policy Manual
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment Inventory.pdf - 775 Military Equipment Inventory.pdf
Military Equipment Inventory.pdf
1 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 4 Lifespan: 5 years
Equipment Capabilities:

Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal and optical zoom lenses.

Manufacture Product Description:

DJI Phantom 4 Pro (quantity 1): The Phantom 4 Pro’s camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels. The Flight Autonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) with the ability to switch between 2.4GHz and 5.8GHz. The aircraft’s Intelligent Flight Battery also have increased capability by 520mAh to enable an extended flight time of 30 minutes.

DJI Mavic 2 Enterprise (quantity 3): The Mavic 2 Enterprise Dual features a 24mm camera with a 1/2.3” 12MP sensor and FLIR thermal imaging sensor. The cameras can capture up to UHD 4K resolution video at 30fps, or thermal imaging images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to

44.7 mph, and the four-call LiPo battery provides up to 31 minutes of flight time. The Mavic 2 Enterprise Dual also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

Purpose/Authorized Uses:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. Major collision investigations and crime scenes.

2. Search for missing persons and rescue events.

3. Natural disaster management.

4. Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation.

5. SWAT, tactical or other public safety, fire services and life preservation missions.

Only assigned personnel who have completed the required department training shall be permitted to operate any UAS during approved missions. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Fiscal Impacts:

DJI Phantom 4 Pro $1500
DJI Mavic 2 Enterprise $3350 each
Legal/Procedural Rules Governing Use:

The use of a UAV is in accordance with Newark Police Department Policy – 613 – Unmanned Aircraft Systems and FAA Regulation 14 CFR Part 107.
2 It is the policy of the NPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Training Required:

Federal Aviation Administration “Part 107 – Remote Pilot License” and POST certified 24-hour Basic UAS Pilot course.

3 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Robotex Avatar III/ Robotex Avatar II Robot(s)- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought:

Owned:
(1) Robotex Avatar III
(1) Robotex Avatar II
(2)
Lifespan: 10 Years
Equipment Capabilities: Robots designed for remote handling of objects, reconnaissance missions, two-way communication, and deliver/ retrieval tasks.

Manufacture Product Description: The Robotex Avatar III/ Robotex Avatar II are rugged, easy-to-use tactical robots that enhance the capabilities of law enforcement and first-responders by allowing them to safely and quickly inspect dangerous situations.

Purpose/Authorized Uses: To remotely gain visual/ audio data, deliver Crisis Negotiation Team phone, open doors, disrupt packages, and clear buildings, or for any other approved law enforcement purpose. Only to be utilized by officers who have been trained in their proper use and deployment.

Fiscal Impacts: $30,000 / unit
Legal/Procedural Rules Governing Use:

The use of a robot is in accordance with Newark Police Department Policy – 408– Special Weapons and Tactics.

It is the policy of the NPD to utilize robots only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

The use of an unmanned, remotely piloted, powered ground vehicle potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Post Hoc authorization is required per Penal Code § 632.

Training Required: Specialized yearly department training via NPD SWAT Personnel.

Other: Robotex Avatar III can be equipped with Avatar Extended Reach Manipulator Arm ($24,000 purchase price). The Avatar III with Avatar Extended Reach Manipulator Arm was obtained through State grant funds. 4 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Lenco Armored Rescue Vehicle (ARV) -CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~20 years
Equipment Capabilities:

The vehicle is equipped with emergency lights/sires, rotating roof hatch, electric winches, running boards, back-up camera, battering ram attachment, CS (tear gas) deployment attachment for battering ram, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a

0.50 caliber bullet.

Manufacture Product Description:
2004 Lenco BearCat G1 Armored Rescue Vehicle (ARV) is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G1 part of their standard operating procedure. The G1 has excellent on-road driving characteristics and maneuverability in tight urban settings.

Purpose/Authorized Uses:

The Armored Rescue Vehicle (ARV) is primarily used during critical incidents. The ARV may be used by patrol and SWAT personnel for the safe transport of personnel, to conduct high risk rescue and evacuation operations, high risk warrant service operations, dangerous high risk tactical operations, training, community engagement efforts, or any other applications deemed appropriate by the SWAT Commander, Division Commander, or Chief of Police.

Fiscal Impacts:

The cost of the ARV was approximately $160,000. The refurbished 2004 vehicle was purchased by Newark Police Department in May of 2013 from the vendor, Lenco, on a lease agreement, which was budgeted and paid over 8 years out of the police department’s operating budget.

Legal/Procedural Rules Governing Use:

The use of the ARV may be considered a show of force and is governed by Newark Police Department Policy 300 – Use of Force and Policy 408.5.2 - Special Weapons and Tactics – Equipment.

It is the policy of the Department to use the ARV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required:

Officers are to be trained in the operation of the ARV prior to use. Training will include basic knowledge of electronic/mechanical functions on the vehicle and a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. Only NPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the ARV, unless a delayed deployment of an ARV would result in serious bodily injury or death.

5 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: City of Newark- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 25 years
Equipment Capabilities:

The vehicle is capable of being used as a mobile command center, a temporary emergency operations center, for crisis negotiations, and as a dispatch center. The vehicle is capable of transporting personnel and equipment. The vehicle can be separated into two separate work areas by partitions to serve multiple functions simultaneously.

The Mobile Command vehicle serves as a resource management center, rallying point for outside resources, and location for centralized and unified command.

Manufacture Product Description:

LDV Model SS28RC-10CC SO243022. The Newark Police Department Mobile Command Vehicle is an 18’ dry van with a cab-to-axle length of 120”. It is built on a 2019 Ford F-550 Regular Cab 2WD single rear axle gasoline chassis. 19,500-lb with rear spring suspension and hydraulic brakes. It is painted white with police graphics affixed to the sides of the vehicle.

Purpose/Authorized Uses:

To be used for critical incident callouts, as a temporary emergency operations center, as a backup dispatch center, as a crisis negotiation workspace, or for other approved law enforcement purpose. The Mobile Command vehicle serves as a resource management center, rallying point for outside resources, and location for centralized and unified command.

The Mobile Command Vehicle can be used by staff who have been properly trained in the safe handling of the vehicle.

Fiscal Impacts:

Total cost of the Mobile Command Vehicle was $211,000. $135,000 was funded by State Grant and the remainder $76,000 was allocated through a General Fund Budget Amendment from the 2018-2020 Biennial Budget.

Legal/Procedural Rules Governing Use:

It is the policy of the Department to use the MCV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required:

Members of the Crisis Negotiations Team and Tactical Dispatchers receive annual training on the internal electrical system.
6 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Patrol Rifles - Colt AR-15 ; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 30 Lifespan: 10 years
Equipment Capabilities:

Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

Manufacture Product Description:

The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon. AR-15 style barrel lengths varying from 10.3 to 16 inches.
x COLT AR-15 Carbine Patrol Rifle: 25
x Rock River Arms AR-15 Carbine Patrol Rifle: 5
Purpose/Authorized Uses: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $1,050 each
Legal/Procedural Rules Governing Use:

All applicable State, Federal and Local laws governing police use of force. Newark Police Department Policy 300 – Use of Force, Policy 312.3.2 – Firearms – Patrol Rifles, Policy 408.5.2 - Special Weapons and Tactics – Equipment.

Possession of short barreled rifles by police officers is governed by Penal Code § 33220. Possession of assault weapon by police officers in the discharge of their duties is governed by Penal Code § 30625.

Training Required:

Officers must successfully complete a CA POST certified 16-hour tactical rifle course as well as regular department firearms training and qualifications as required by law and policy.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file. 7 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: M4 Style Platform Automatic SWAT Rifle; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 15 Lifespan: 10 yrs
Equipment Capabilities:

Manufacture Product Description:
x Sig Sauer SIG516 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in 5.56 caliber with flip up rear adjustable sights: 6
x Colt 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in .223 caliber with flip up rear adjustable sights: 6
x Bushmaster 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in .223 caliber with flip up rear adjustable sights: 3
Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $2,100 each
Legal/Procedural Rules Governing Use:

Training Required: Only current NPD SWAT Team Members who have: 1) completed a 16 hour POST approved tactical rifle course. 2) successfully passed the NPD SWAT Rifle Qualification course and 3) enrolled in or successfully completed a POST approved Basic SWAT School course shall be authorized to utilize an M4 style platform. Users must continually display proficiency by successfully passing quarterly (4) qualification courses each calendar year.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

8 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Compact Heckler Koch Submachine Gun; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 7 Lifespan: 10 Years
Equipment Capabilities:

The submachine gun is a firearm, capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. It is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon. It is a short-barreled weapon which allows a trained officer better control inside of structures with greater accuracy than a handgun.

Manufacture Product Description:

Heckler Koch MP5 is a submachine gun using a blowback operating system for reliability, accuracy, and ease of handling in confined spaces. The barrels are cold hammer forged with the body consisting of stamped high strength steel and modern polymers.
x Heckler and Koch MP5 40cal with safe/semi/3rd burst/auto selector switch .40cal: 2 x Heckler and Koch MP5 9mm with safe/semi/3rd burst/auto selector switch 9mm: 5 Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $3,025 per rifle
Legal/Procedural Rules Governing Use:

Possession of short-barreled rifles by police officers is governed by Penal Code § 33220. Possession of assault weapon by police officers in the discharge of their duties is governed by Penal Code § 30625.

Training Required:

Officers must successfully complete a CA POST certified 16-hour tactical rifle course as well as regular department firearms training and qualifications as required by law and policy.

Only members that have successfully completed NPD sub gun range qualification are authorized to use these weapons.
9 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: .308 Bolt Action Rifle – Accuracy International AE and ammo; CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 2 Lifespan: 10 years
Equipment Capabilities:

The Accuracy International AE .308 rifle enables the stopping of an armed subject at a safe distance.

The rifle is capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. Additionally, the rifle, paired with the scope, creates a system which will allow for a trained sniper to gather real time information through observation at safe distances.

Manufacture Product Description:

The Accuracy International AE is a bolt action rifle manufactured for precision shooting. The rifle delivers a single .308 caliber shot from a short action rifle system. The Accuracy International AE rifle delivers precision accuracy in a powerful and rugged design. Features include a 24 inch floating barrel, a 5 round capacity magazine, manual safety, synthetic stock, carbon steel barrel, a Nightforce scope and Harris bipod. The rifle can deliver a precise shot engaging dangerous targets out to 600 meters and can be used for information gathering and observation at safe distances.

Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Accuracy International precision rifles are to be used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Fiscal Impacts:
$5,500 each.

Legal/Procedural Rules Governing Use:

All applicable State, Federal and Local laws governing police use of force. Newark Police Department Policy 300 – Use of Force, Policy 312 – Firearms, Policy 408 - Special Weapons and Tactics.

Training Required:

SWAT Snipers must successfully complete SWAT school. SWAT Snipers must attend a 40 hour POST approved Basic Sniper School, and regularly train and qualify with various weapons systems including the .308 bolt action Sniper rifle to maintain proficiency.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file. 10 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:

Owned:
(20) CTS Irritant Munitions 5230B – CS Baffled
Canister Grenade
Sought :
(30) CTS Irritant Munitions 4330 – 40MM CS Liquid
Barricade Projectile
(12) CTS Irritant Munitions 9430 – CS Tear Ball
Grenade
(12) CTS Irritant Munitions 5430 – CS Flameless
Expulsion Canister
(12) CTS Irritant Munitions 6230 – CS Canister
Grenade
(24) CTS 40mm Munitions 4530 – 40mm Frangible
Impact- CS Powder
Lifespan: 5 years
Equipment Capabilities: The use of CS Gas causes mucous membranes and exposed skin to become inflamed resulting in a temporary respiratory effect and discomfort Manufacture Product Description:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile – Spin Stabilized, 4.1” long liquid CS filled projecticle penetrates intermediate barriers and delivers irritant agents into an adjacent room.

CTS Irritant Munitions 9430 – CS Tear Ball Grenade – "Rubber – ball" style grenades that upon initiation eject a powder payload of CS into a radius surrounding the device. Tear balls are primarily used for crowd control in indoor and outdoor situations.

CTS Irritant Munitions 5230B – CS Baffled Canister Grenade – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Grenade – Large diameter flameless grenade posing no risk of fire and discharging a large powder payload instantaneously through multiple emission ports.
11 CTS Irritant Munitions 6230 – CS Canister Grenade – Pyrotechnic canister grenade emitting smoke through multiple emission ports for 30 to 40 seconds.

CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder – 40mm multi-effect munition delivering greater energy on the target with extreme accuracy and simultaneously dispersing a cloud of irritant or marking power.

Purpose/Authorized Uses:

Less lethal weapon systems may limit the escalation of conflict where employment of lethal force is prohibited or undesirable. In order to control subjects who are violent or who demonstrate the intent to be violent, tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Captain or SWAT Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.

Fiscal Impacts:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile - $23.37 / unit CTS Irritant Munitions 9430 – CS Tear Ball Grenade - $ 44.49 / unit CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Grenade - $42.35 / unit CTS Irritant Munitions 6230 – CS Canister Grenade - $27.19 / unit CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder - $26.51 / unit CTS Irritant Munitions 6230 – CS Canister Grenade - $41.93 / unit Legal/Procedural Rules Governing Use:

The use of this equipment is governed by Newark Police Department Policy 300 – Use of Force, Policy 308.6 Control Devices and Techniques – Tear Gas Guidelines. Policy 312.3.3 - Firearms – Shotguns, Policy 467 – First Amendment Assemblies.

Tear gas is governed by Penal Code § 22810.

Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Specialized yearly department training via a POST Certified Chemical Weapons Instructor.

Other:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile, CTS Irritant Munitions 5230B – CS Baffled Canister Grenade, and CTS Irritant Munitions 6230 – CS Canister Grenade only to be utilized by properly trained NPD SWAT Personnel. CTS Irritant Munitions 9430 – CS JetLite Rubber Ball Grenade, CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Grenade, and CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder only to be utilized by properly trained NPD SWAT/ Crowd Management Team (CMT) personnel.
(3) converted shotgun with cup launcher attachment, to only be utilized in conjunction with CTS Irritant Munitions 5230B – CS Baffled Canister Grenade for deployment into a structure. 12 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: CTS 7290 – Flash Bang CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: Owned (32)/ Sought (40) Lifespan: 5 Years Equipment Capabilities: The device is intended to create a diversion during critical incidents in which the device deflagrates, emitting a bright light and thunderous noise to distract potentially dangerous individuals.

Manufacture Product Description: The CTS 7290 – Flash Bang is the standard for diversionary flash-bang devices. The 7290 produces 165-180db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. The device is an ATF-controlled Class C explosive device.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient/ distract potentially dangerous individuals. Device shall only be used by officers who have been trained in their proper use and deployment. Situations for use of the device may include but are not limited to - 1) In hostage and barricaded subject situations. 2) In high-risk warrant (search/ arrest) services where there may be extreme hazards to officers. 3) During Riot/ Crowd control and civil unrest incidents 4) During other high-risk situations where their use would enhance officer safety and a tactical advantage can be obtained. 5) During training exercises or approved demonstrations.

Fiscal Impacts: $39.58/ CTS 7290 – Flash Bang
Legal/Procedural Rules Governing Use:

The use of flashbangs is governed by Newark Police Department Policy 300 – Use of Force and Policy 408.5.2 - Special Weapons and Tactics – Equipment.

It is the policy of the NPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Specialized yearly department training via a POST Certified Noise-Flash-Diversionary Device Instructor.

Other: CTS 7290 – Flash Bang only to be utilized by properly trained Newark Police Department Special Weapons and Tactics Team and Crowd Management Team Personnel. 13 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Pepperball TAC-SF launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 3 Lifespan: 10 yrs
Equipment Capabilities: The TAC-SF semi-automatic pepperball launcher can launch over 250 .68 calibre pepperball projectiles containing 2% PAVA (OC) at an approximate distance of 150 feet per air tank charge providing distance and increasing safety.

Manufacture Product Description: Pepperball TAC-SF is a compact lightweight modular launcher constructed of glass nylon. It launches standard .68 calibre round projectiles using a high-capacity air pressure system.

Purpose/Authorized Uses:

Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin.

Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Fiscal Impacts: $1,900 each
Legal/Procedural Rules Governing Use:

Use is established under Newark Police Department Policy 308.47.2. - Control Devices and Techniques – Pepper Projectile Systems. It is the policy of the NPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Only those officers who have been trained in the use of Kinetic Energy Projectile Device are certified to carry the specific device.

Proficiency training shall be monitored and documented by POST certified less-lethal munitions and chemical agent instructors.

All training and proficiency for control devices will be documented in the officer’s training file. 14 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: LMT Defense 40mm Launcher with 40mm kinetic energy projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought:

Owned:
(28) Defense Technology 1425 – 40mm LMT Tactical
Single Launcher, Expandable Stock
(180) Defense Technology 6325 – Exact Impact
40mm Standard Range Sponge Round
Lifespan: 10 Years (Defense Technology 1425 –
40mm LMT Tactical Single Launcher, Expandable
Stock)
5 years (Defense Technology 6325- Exact Impact
40mm Standard Range Sponge Round)
Equipment Capabilities: Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used to de-escalate a potentially deadly situation. Department approved kinetic projectiles are fired from 40 mm launchers.

Manufacture Product Description:

Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock – Tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems.

Defense Technology 6325 – Exact Impact 40mm Standard Range Sponge Round – a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent.

Used for crowd control, patrol, and tactical applications.

Purpose/Authorized Uses: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the Kinetic Energy Projectiles may include, but are not limited to: 1) Selfdestructive, dangerous and/or combative individuals. 2) Riot/ Crowd control and civil unrest incidents. 3) Circumstances where a tactical advantage can be obtained. 4) Potentially vicious animals. 5) Training exercises or approved demonstrations.

Fiscal Impacts: $725.00/ Defense Technology 1425- 40mm LMT Tactical Single Launcher, Expandable Stock $19.30/ Defense Technology 6325 – Exact Impact 40mm Standard Range Sponge Round Legal/Procedural Rules Governing Use: The use of 40mm Kinetic Energy Projectiles is governed by Newark Police Department Policy 300 – Use of Force, 308.9 - Control Devices and Techniques – Kinetic Energy Projectile Guidelines and Policy 497 - First Amendment Assemblies 15 Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Only those officers who have been trained in the use of Kinetic Energy Projectile Device are certified to carry the specific device.

Proficiency training shall be monitored and documented by a certified less-lethal munitions instructor.

All training and proficiency for control devices will be documented in the officer’s training file.

Other: Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock can be utilized by properly trained NPD SWAT Personnel for the deployment of CTS Irritant Munitions 4330 – 40mm CS Liquid Barricade Projectile. Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock can be utilized by properly trained NPD Special Weapons and Tactics Team/Crowd Management Team Personnel for the deployment of CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder. 510.578.4000 [email protected] www.newark.org
City of Newark
Newark Police Department
37077 Newark Boulevard
Newark, CA 94560
March 7th, 2023
2022 ANNUAL MILITARY EQUIPMENT USE REPORT
&

QUALIFYING EQUIPMENT INVENTORY
The acquisition and use of military equipment in our community may impact the public’s safety and welfare. Our community has a right to know about funding, acquisition, or use of military equipment by the Newark Police Department (PD), as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment.

The Newark Police Department owns equipment defined as “military equipment” under California Government Code section 7070 subdivision (c). Newark PD does not possess any equipment received from the military, nor does it possess any equipment that was designed for military use. Newark PD does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Newark Police Department to acquire and use equipment designed to enhance law enforcement’s ability to ensure public safety and welfare.

Newark PD’s Military Equipment Policy 709 requires the publication of an Annual Military Equipment Usage Report.

Per Government Code section 7072, our annual report must include the following information:
• A summary of how the military equipment was used and the purpose of its use. o The Qualifying Equipment Inventory details usage of each item • A summary of any complaints or concerns received concerning the military equipment. o Newark PD did not receive any complaints related to the use of military equipment in 2022. • The results of any internal audits or information about violations of military equipment use policy and any actions taken in response.
o All use of force incidents are reviewed by assigned Watch Commanders to ensure employees are performing their duties within guidelines set by department policy and applicable law. Reviews provide opportunities to reflect on officer actions, policies, procedures, legislation, training, and best practices. During the 2022 military equipment audit, no violations or concerns related to the use of military equipment were reported. Officers were found to be operating in a manner consistent with department policies and training.
• The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
o The Qualifying Equipment Inventory details the cost associated with all military equipment.

Newark Police Department 2
• The quantity possessed for each type of military equipment. o The Qualifying Equipment Inventory details the quantity of all military equipment. • If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
o Newark PD intends to replace previously approved patrol rifles and intends to add five additional rifles to the equipment inventory for 2023. Any other purchases for Newark PD in 2023 include items needed to maintain inventory for previously approved military equipment which need to be repaired or replenished after being used in either the field or training environments. All items needed to be repaired or replenished are included in our policy and attached inventory, which was previously approved by City Council.
o The department will be exploring the potential to acquire a miniature confined space capable UAS/Drone. Future attempts to obtain the UAS/Drone or any additional types of military equipment not expressly provided herein, will adhere to procedures set forth in the Government Code and our Military Equipment policy; this includes a public hearing for City Council approval prior to acquisition. o The Qualifying Equipment Inventory and all costs associated with the use of this equipment is believed to be consistent with the Military Equipment inventory list, policy, and department budget, previously approved by the City Council. It should be noted, these operating costs are good faith estimates which are subject to changes made by vendors and/or manufacturers based on variables related to availability, shipping, and general market increases.

Public Comment
Newark PD strongly considers the public’s welfare, safety, civil rights, and civil liberties. In an effort for continued transparency, our department places high regard on public input related to the use of military equipment in our community. The department will hold a well-publicized and conveniently located community engagement meeting where members of the community may discuss and ask questions regarding the annual military equipment report. A meeting will be held within thirty days of posting this report on our department website.

Newark Police Department 3
Qualifying Equipment Inventory: Owned/Utilized by the Newark Police Department Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 4 Lifespan: 5 years
Equipment Capabilities:

Manufacture Product Description:

Purpose/Authorized Uses:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. Major collision investigations and crime scenes.

2. Search for missing persons and rescue events.

3. Natural disaster management.

4. Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation.

5. SWAT, tactical or other public safety, fire services and life preservation missions.

Fiscal Impacts:

DJI Phantom 4 Pro $1500
DJI Mavic 2 Enterprise $3350 each
Legal/Procedural Rules Governing Use:

The use of a UAV is in accordance with Newark Police Department Policy – 613 – Unmanned Aircraft Systems and FAA Regulation 14 CFR Part 107.

It is the policy of the NPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Training Required:

Newark Police Department 4
Federal Aviation Administration “Part 107 – Remote Pilot License” and POST certified 24-hour Basic UAS Pilot course.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (6) UAS/Drone deployments. In these cases, UAS/Drones were deployed to assist the Field Operations Division with active investigations to enhance officer safety and/or document fatal collision scenes. The deployment incidents included burglary, a high risk warrant, and collision investigations.

Complaints Received:

No complaints were received regarding UAS/Drone usage.

Internal Audit
A review of UAS/Drones deployments found their use was within policy and determined no violations of the military equipment use policy were identified.

Quantity Possessed: 4
Annual Cost:

There are no reoccurring costs with the possession of the UAS/Drones. Drone pilot operation is a collateral assignment in addition to regular duties. Training is completed on an annual basis depending on training needs. This training occurs during normal duty hours and when staffing allows.

Anticipated Purchase(s):

In the coming year there is an interest with purchasing (1) mini UAS/Drone to assist with the purpose above where the location is too confined for conventional UAS/Drone use.

Newark Police Department 5
Qualifying Equipment Inventory: Owned/Utilized by the Newark Police Department Equipment Name: Robotex Avatar III/ Robotex Avatar II Robot(s)- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought:

Owned:
(1) Robotex Avatar III
(1) Robotex Avatar II
Lifespan: 10 Years
Equipment Capabilities: Robots designed for remote handling of objects, reconnaissance missions, two-way communication, and deliver/ retrieval tasks.

Purpose/Authorized Uses: To remotely gain visual/ audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings, or for any other approved law enforcement purpose. Only to be utilized by officers who have been trained in their proper use and deployment.

Fiscal Impacts: $30,000 / unit
Legal/Procedural Rules Governing Use:

The use of a robot is in accordance with Newark Police Department Policy – 408– Special Weapons and Tactics.

It is the policy of the NPD to utilize robots only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

The use of an unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Post Hoc authorization is required per Penal Code § 632.

Training Required: Specialized yearly department training via NPD SWAT Personnel.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (1) Robotex Avatar deployment.

In this case, the Avatar was deployed to assist Field Operations with searching a building for suspect(s) during a high-risk building search.

Complaints Received:

No complaints were received regarding Avatar usage.

Internal Audit
A review of Avatar deployments found their use was within policy and determined no violations of the military equipment use policy were identified.

Quantity Possessed: 2
Newark Police Department 6
Annual Cost:

There are no reoccurring costs with the possession of the Robotex Avatar robots. An Avatar operator is a collateral assignment in addition to regular duties. Training with the Avatar occurs annually depending on training needs.

Anticipated Purchase(s):

We do not anticipate any purchases for the Avatar in the coming year.

Newark Police Department 7
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: Lenco Armored Rescue Vehicle (ARV) -CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~20 years
Equipment Capabilities:

0.50 caliber bullet.

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

The use of the ARV may be considered a show of force and is governed by Newark Police Department Policy 300 – Use of Force and Policy 408.5.2 - Special Weapons and Tactics – Equipment.

It is the policy of the Department to use the ARV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required:

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (15) Lenco Armored Rescue Vehicle (ARV) deployments. In these cases, the ARV was deployed to assist the Field Operations Division in (7) incident deployments where the ARV was used to protect officers during the following critical high stress incidents:
03/17/2022 Response to a possible armed barricaded suspect 04/13/2022 Mutual Aid for California Highway Patrol
04/20/2022 Mutual Aid Assist for Union City PD SWAT
06/30/2022 SWAT Arrest/Search Warrant for negligent use of a firearm Newark Police Department 8
07/17/2022 Mutual Aid SWAT Assist for Union City PD Search Warrant for Shooting Suspect 08/29/2022 Response to an Armed Subject
09/06/2022 Mutual Aid Assist Stanislaus County Sheriff’s Office Suspect Apprehension of Rape Suspect In an additional (8) deployments the ARV was used as an educational tool for public relation events:

Civic Center Open House, Boy Scouts Tour, Newark Days, Faith and Blue Event, and several school tours.

Complaints Received:

No complaints were received regarding ARV usage.

Internal Audit
A review of ARV deployments determined that its use was within policy and no violations of the military equipment use policy were identified.

Quantity Possessed: 1
Annual Cost:

Although there is no specialized reoccurring annual cost with the possession of this vehicle, there are routine maintenance costs for its upkeep, which are in-line with the upkeep of other fleet vehicles.

Anticipated Purchase(s):

There are no anticipated purchases for the coming year.

Newark Police Department 9
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: City of Newark- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 25 years
Equipment Capabilities:

The Mobile Command vehicle serves as a resource management center, rallying point for outside resources, and location for centralized and unified command.

Manufacture Product Description:

Purpose/Authorized Uses:

The Mobile Command Vehicle can be used by staff who have been properly trained in the safe handling of the vehicle.

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

It is the policy of the Department to use the MCV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required:

Members of the Crisis Negotiations Team and Tactical Dispatchers receive annual training on the internal electrical system.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (7) Mobile Command Vehicle (MCV) deployments. In these cases, the MCV was deployed to assist the Field Operations Division as a resource management center for public relations events where the public could connect with city personnel.

On one occasion the MCV was used as an operations center for tactical dispatch and crisis negotiations during a Field Operations incident.

Newark Police Department 10
Complaints Received:

No complaints were received regarding MCV usage.

Internal Audit
A review of MCV deployments determined its use was within policy and no violations of the military equipment use policy were identified.

Quantity Possessed: 1
Annual Cost:

There is a general ongoing maintenance cost (oil changes, vehicle service etc.) including DMV registration in accordance with other department fleet vehicles. There are no other specialized costs with this equipment.

No formalized training is required to drive this class “C” vehicle.

Anticipated Purchase(s):

There is no anticipated purchase of this equipment in the coming future.

Newark Police Department 11
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: Patrol Rifles - Colt AR-15 ; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 30 Lifespan: 10 years
Equipment Capabilities:

Manufacture Product Description:

The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon. AR-15 style barrel lengths varying from 10.3 to 16 inches.
• COLT AR-15 Carbine Patrol Rifle: 25
• Rock River Arms AR-15 Carbine Patrol Rifle: 5
Purpose/Authorized Uses: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $1,050 ea
Legal/Procedural Rules Governing Use:

Training Required:

Officers must successfully complete a CA POST certified 16-hour tactical rifle course as well as regular department firearms training and qualifications as required by law and policy.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (2) patrol rifle deployments during training only. In these cases, patrol rifles were deployed in accordance with training needs to qualify and maintain proficiency with the rifle at an authorized police range.

Complaints Received:

No complaints were received regarding patrol rifle usage.

Internal Audit
A review of the patrol rifle deployments found their use was within policy and no violations of the military equipment use policy were identified.

Quantity Possessed: 30
Annual Cost:

There are no reoccurring costs with the possession of the patrol rifles except for replacement of broken parts which occur randomly.

Newark Police Department 12
Anticipated Purchase(s):

In the coming year the department anticipates replacing the current (30) patrol rifles and purchasing (5) additional rifles.

Newark Police Department 13
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: M4 Style Platform Automatic SWAT Rifle; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 15 Lifespan: 10 yrs
Equipment Capabilities:

Manufacture Product Description:
• Sig Sauer SIG516 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in 5.56 caliber with flip up rear adjustable sights: 6
• Colt 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in .223 caliber with flip up rear adjustable sights: 6
• Bushmaster 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in .223 caliber with flip up rear adjustable sights: 3
Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $2,100 ea.

Legal/Procedural Rules Governing Use:

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (5) SWAT rifle deployments. In these cases, SWAT rifles were deployed in accordance with training needs to qualify and maintain proficiency with the rifle at an authorized police range.

Complaints Received:

No complaints were received regarding patrol rifle usage.

Newark Police Department 14
Internal Audit
A review of the SWAT rifle deployments determined their use was within policy and no violations of the military equipment use policy were identified.

Quantity Possessed: 15
Annual Cost:

There are no reoccurring costs with the possession of the SWAT rifles except for replacement of broken parts which occur randomly.

Anticipated Purchase(s):

There are no anticipated purchases for the coming year.

Newark Police Department 15
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: Compact Heckler Koch Submachine Gun; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 7 Lifespan: 10 Years
Equipment Capabilities:

Manufacture Product Description:

Heckler Koch MP5 is a submachine gun using a blowback operating system for reliability, accuracy, and ease of handling in confined spaces. The barrels are cold hammer forged with the body consisting of stamped high strength steel and modern polymers.
• Heckler and Koch MP5 40cal with safe/semi/3rd burst/auto selector switch .40cal: 2 • Heckler and Koch MP5 9mm with safe/semi/3rd burst/auto selector switch 9mm: 5 Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $3,025 per rifle
Legal/Procedural Rules Governing Use:

Training Required:

Officers must successfully complete a CA POST certified 16-hour tactical rifle course as well as regular department firearms training and qualifications as required by law and policy.

Only members that have successfully completed NPD sub gun range qualification are authorized to use these weapons.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (0) HK submachine gun deployments.

Complaints Received:

No complaints were received regarding patrol rifle usage.

Internal Audit
No internal audit was conducted as there were no deployments for 2022 Quantity Possessed: 7
Annual Cost:

There are no reoccurring costs with the possession of the HK submachine guns.

Anticipated Purchase(s):

There are no anticipated purchases for the coming year.

Newark Police Department 16
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: .308 Bolt Action Rifle – Accuracy International AE and ammo; CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 2 Lifespan: 10 years
Equipment Capabilities:

The Accuracy International AE .308 rifle enables the stopping of an armed subject at a safe distance.

Manufacture Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:
$5,500 each.

Legal/Procedural Rules Governing Use:

All applicable State, Federal and Local laws governing police use of force. Newark Police Department Policy 300 – Use of Force, Policy 312 – Firearms, Policy 408 - Special Weapons and Tactics.

Training Required:

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (0) .308 Bolt Action Rifle deployments.

Complaints Received:

No complaints were received regarding .308 Bolt Action Rifle usage.

Newark Police Department 17
Internal Audit
No internal audit was conducted as there were no deployments for 2022 Quantity Possessed: 2
Annual Cost:

There are no reoccurring costs with the possession of the .308 Bolt Action Rifle.

Anticipated Purchase(s):

There are no anticipated purchases for the coming year.

Newark Police Department 18
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:

Owned:
(20) CTS Irritant Munitions 5230B – CS Baffled
Canister Grenade
Sought :
(30) CTS Irritant Munitions 4330 – 40MM CS Liquid
Barricade Projectile
(12) CTS Irritant Munitions 9430 – CS Tear Ball
Grenade
(12) CTS Irritant Munitions 5430 – CS Flameless
Expulsion Canister
(12) CTS Irritant Munitions 6230 – CS Canister
Grenade
(25) CTS 40mm Munitions 4530 – 40mm Frangible
Impact- CS Powder
Lifespan: 5 years
Equipment Capabilities: The use of CS Gas causes mucous membranes and exposed skin to become inflamed resulting in a temporary respiratory effect and discomfort.

Manufacture Product Description:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile – Spin Stabilized, 4.1” long liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room.

Newark Police Department 19
CTS Irritant Munitions 6230 – CS Canister Grenade – Pyrotechnic canister grenade emitting smoke through multiple emission ports for 30 to 40 seconds.

Purpose/Authorized Uses:

Fiscal Impacts:

Tear gas is governed by Penal Code § 22810.

Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Specialized yearly department training via a POST Certified Chemical Weapons Instructor.

Other:

Annual Report 2022
Newark Police Department 20
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (1) CS Gas systems deployment. In this case, CS gas was deployed in accordance with training needs to qualify and maintain proficiency with the gas at an authorized police training facility.

Complaints Received:

No complaints were received regarding CS gas usage.

Internal Audit
A review of the CS gas deployment found their use was within policy and no violations of the military equipment use policy were identified. We discovered during the replacement of expired CS gas supplies that our vendor included an additional CTS 4530 40mm Munition.

Quantity Possessed: Varied based on device listed above Annual Cost:

There are no reoccurring costs with the possession of the CS gas.

Anticipated Purchase(s):

There are no anticipated purchases for the coming year.

Newark Police Department 21
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: CTS 7290 – Flash Bang CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: Owned (32)/ Sought (40) Lifespan: 5 Years Equipment Capabilities: The device is intended to create a diversion during critical incidents in which the device deflagrates, emitting a bright light and thunderous noise to distract potentially dangerous individuals.

Fiscal Impacts: $39.58/ CTS 7290 – Flash Bang
Legal/Procedural Rules Governing Use:

The use of flashbangs is governed by Newark Police Department Policy 300 – Use of Force and Policy 408.5.2 - Special Weapons and Tactics – Equipment.

It is the policy of the NPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Specialized yearly department training via a POST Certified Noise-Flash-Diversionary Device Instructor.

Other: CTS 7290 – Flash Bang only to be utilized by properly trained NPD SWAT/ CMT Personnel.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (5) flash bang system deployments. In these (5) cases, flash bangs were deployed during training in accordance with training needed to qualify and maintain proficiency with the device at an authorized police training facility.

Complaints Received:

No complaints were received regarding flash bang usage.

Internal Audit
A review of flash bang deployments determined that their use was within policy and no violations of the military equipment use policy were identified.

Newark Police Department 22
Quantity Possessed: 32
Annual Cost:

There are no reoccurring costs with the possession of these devices.

Anticipated Purchase(s):

There are no anticipated purchases for the coming year.

Newark Police Department 23
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: Pepperball TAC-SF launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 3 Lifespan: 10 yrs
Equipment Capabilities: The TAC-SF semi-automatic pepperball launcher can launch over 250 .68 calibre pepperball projectiles containing 2% PAVA (OC) at an approximate distance of 150 feet per air tank charge providing distance and increasing safety.

Purpose/Authorized Uses:

Fiscal Impacts: $1,900 ea.

Legal/Procedural Rules Governing Use:

Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Only those officers who have been trained in the use of Kinetic Energy Projectile Device are certified to carry the specific device.

Proficiency training shall be monitored and documented by POST certified less-lethal munitions and chemical agent instructors.

All training and proficiency for control devices will be documented in the officer’s training file.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (3) Pepperball system deployments. In (2) cases, the Pepperball system was used to assist the Field Operations Division during critical high stress incidents in a less than lethal capacity. (1) incident was in accordance with training needed to qualify and maintain proficiency with the gas at an authorized police range. The Pepperball system was NOT used in any crowd control situations.

Complaints Received:

No complaints were received regarding the Pepperball system usage.

Internal Audit
A review of Pepperball system deployments determined their use was within policy and no violations of the military equipment use policy were identified.

Quantity Possessed: 3
Newark Police Department 24
Annual Cost:

There is no reoccurring cost for the possession of the Pepperball launchers. Forecasted costs related to maintaining inventory for previously approved Pepperball ammunition which occasionally needs to be replenished after being used in either the field or training environments.

Anticipated Purchase(s):

There are no anticipated purchases of Pepperball systems in the coming year.

Newark Police Department 25
Qualifying Equipment Owned/Utilized by the Newark Police Department Equipment Name: LMT Defense 40mm Launcher with 40mm kinetic energy projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought:

Owned:
(28) Defense Technology 1425 – 40mm LMT Tactical
Single Launcher, Expandable Stock
(180) Defense Technology 6325 – Exact Impact
40mm Standard Range Sponge Round
Lifespan: 10 Years (Defense Technology 1425 – 40mm
LMT Tactical Single Launcher, Expandable Stock)
5 years (Defense Technology 6325- Exact Impact
40mm Standard Range Sponge Round)
Equipment Capabilities: Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used to de-escalate a potentially deadly situation. Department approved kinetic projectiles are fired from 40 mm launchers.

Manufacture Product Description:

Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock – Tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and twopoint sling attachment. The launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems.

Used for crowd control, patrol, and tactical applications.

Fiscal Impacts: $725.00/ Defense Technology 1425- 40mm LMT Tactical Single Launcher, Expandable Stock $19.30/ Defense Technology 6325 – Exact Impact 40mm Standard Range Sponge Round Legal/Procedural Rules Governing Use: The use of 40mm Kinetic Energy Projectiles is governed by Newark Police Department Policy 300 – Use of Force, 308.9 - Control Devices and Techniques – Kinetic Energy Projectile Guidelines and Policy 497 - First Amendment Assemblies Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Newark Police Department 26
Training Required:

Only those officers who have been trained in the use of Kinetic Energy Projectile Device are certified to carry the specific device.

Proficiency training shall be monitored and documented by a certified less-lethal munitions instructor.

All training and proficiency for control devices will be documented in the officer’s training file.

Annual Report 2022
Use Summary:

During the 2022 calendar year, the Newark Police Department documented (8) LMT 40mm deployments. In (7) of these incidents, the 40mm was deployed to assist the Field Operations Division during critical incidents with the apprehension of suspect offenders. In (1) incident the 40mm was used in accordance with training needs to qualify and maintain proficiency with the gas at an authorized police range. There were no 40mm deployments for crowd control purposes.

Complaints Received:

An internal audit revealed that no complaints were received regarding this equipment.

Internal Audit
A review of the 40mm deployments determined their use was within policy and no violations of the military equipment use policy were identified.

Quantity Possessed: 28
Annual Cost:

There are no reoccurring costs with the possession of the LMT 40mm launcher units. Forecasted costs related to maintaining inventory for previously approved 40mm ammunition which occasionally needs to be replenished after being used in either the field or training environments.

Anticipated Purchase(s):

There are no anticipated LMT 40mm launcher unit purchases for this year.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK

APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE POLICY AS STATED IN CHAPTER 2.50 “MILITARY EQUIPMENT USE POLICY” TO TITLE 2. “ADMINISTRATION AND PERSONNEL” OF THE NEWARK MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c); and
WHEREAS, the Newark Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy.

The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code Section 7071 subdivision (d); and
WHEREAS, on June 9, 2022, the City Council adopted Ordinance No. 536 approving and adopting a military equipment use policy identified as Newark Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code section 7071(d); and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and WHEREAS, the Newark Police Department’s annual military equipment report was posted on the department’s internet website on March 7, 2023 and no more than thirty (30) days prior to the well-publicized public meeting concerning the renewal of the military equipment at issue in compliance with Government Code Section 7072 (b); and
WHEREAS, the Newark Police Department seeks renewal of Policy 709; and WHEREAS, the City Council of the City of Newark, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Newark Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Newark Police Department Policy 709.

THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Newark Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Newark Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Newark Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Newark Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Newark Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.

SECTION 3. Severability.

SECTION 4. CEQA.

SECTION 5. Publication and effective date.

Annual Report
2022 Military Equipment
May 11, 2023
Newark Police Department
Newark Police Department
2022 Military Equipment Annual Report
Why AB 481?
September 30, 2021 - Gov. Newsom signed 8 police reform bills, including Assembly Bill 481: Military Equipment, Funding, Acquisition and Use
- Increase transparency, accountability, oversight for acquisition and use of equipment
- Provide safeguards to protect public’s welfare, safety, civil rights, and liberties
3 2022 Military Equipment Annual Report
Timeline
AB 481
requires
city to
adopt
policy via
ordinance
Our policy
was
adopted by
City
Council
Annual
Report and
Inventory
was
published on
NPD website
Annual Use
Report
Community
Engagement
Meeting
January 1, 2022 June 9, 2022 March 7, 2023 April 4, 2023 Newark Police Department
Assembly Bill 481
What is considered “Military
Equipment”?
(Defined per AB 481)
Newark Police Department
Assembly Bill 481
“Military Equipment”
• Armored Rescue and Mobile Command
Vehicles
• Remote Powered Vehicles
• Robots & Unmanned Aircraft Systems
• Specialized Firearms
• Patrol & SWAT Rifles
• Flashbangs, Tear Gas, Pepper Ball & 40mm
launchers
Ensure
equipment
is
necessary
& without
alternative
Ensure
equipment
is cost
effective
Review
policy
annually
Ensure
equipment
safeguards
welfare,
safety, civil
rights, &
liberties
Annually
vote on
renewal
2022 Military Equipment Annual Report
City Council Responsibilities 7
Newark Police Department
Assembly Bill 481
Recommendation
Conduct a public hearing, waive full reading and
introduce an Ordinance Approving and Re-Adopting a
Military Equipment Use Policy as stated in Chapter

2.50, “Military Equipment Use Policy” of the Newark
Municipal Code.

Item F. 1.

DATE 05/11/2023
TO Honorable Mayor and City Council Members
FROM Gina Anderson, Chief of Police
SUBJECT Presentation by Police Chief Gina Anderson on crime statistics in the City of Newark With a focus on enhancing community relationships and the facilitation of transparency and community trust, the 2022 Newark Police Department Annual Report is a summary of the policing activities in the City throughout calendar year 2022. Included in this presentation is a comparison of property crimes, persons crimes and traffic collisions as well as current Police Department initiatives.

Attachments
Presentation
Gina L. Anderson | Chief of Police
2022 Annual Report
May 11, 2023
Newark Police Department
May 11, 2023

MESSAGE FROM THE CHIEF
On behalf of the brave men and women of the
Newark Police Department, I am pleased to present
our 2022 Annual Crime Report.

We continued to focus on employing innovative
strategies to address increases in crime and
community safety issues, including, directed
enforcement, educational programs, and
implementing modern technology.

We look forward to continuing this for our trend in
2023 as we strive to improve the quality of life in
Newark and enhance our partnerships with the
community.

May 11, 2023

NEWARK POLICE DEPARTMENT

MISSION
To provide professional public safety services in partnership with our community.

VISION
A commitment to our community and employees to improve quality of life through proactive and innovative public safety services.

May 11, 2023

STRATEGIC PLAN
THEMES: PILLARS:
• Employee Retention
• Recruitment
• Employee Wellness
• Technology
• Leadership Development
• Communication
• Accountability
• Discipline
• Leadership Development
• Professionalism
• Trust
May 11, 2023
• Acting Sergeant
• Procedure Manual
• Employee Expectations
• Standardized Promotional and
Specialized Assignment Processes
• Firework Social Host Ordinance
• Crime Analyst
• Support Services Manager
• Recruitment Plan
• RIPA
STRATEGIC PLAN ACCOMPLISHMENTS IN 2022
• Military Equipment Policy
• Peregrine
• Flock
• Employee Wellness (i.e. sleep room, updown desks, etc ) • Enhanced FTO Program In Preparation for
Influx of Recruits
May 11, 2023

NEWARK POLICE DEPARTMENT

AUTHORIZED PERSONNEL

NEW HIRES FILLING

VACANCIES
Sworn Staff 58
Vacancies 11
Professional Staff 33
Lieutenant 1
Police Officer 3
Public Service Aid 1
Support Services
Manager
1 Crime Analyst 1

LEADERSHIP

DEVELOPMENT
Sergeant 1
Acting Sergeant 2
Lead Detective 1

LEADERSHIP ACADEMY

GRADUATES
Emerging Leaders 3
Mid-Mangement 1
In Progress 3
May 11, 2023

RECRUITMENT & HIRING EFFORTS
• Addition of a dedicated recruitment sergeant
• Recruit police officer hourly rate increased
• Lateral police officer hiring incentive program
• Employee referral incentive program
• Step for step hiring
• Lateral leave incentive
• Moving expense reimbursement
• Academy cost reimbursement
• Newly curated dedicated recruitment website
• Calls for Service 23,180
• Proactive Calls 11,903
35,083

DISPATCH
• Emergency Calls 14,634
• Incoming Calls 34,261
Answered Within
15 Seconds
• 911 98.97%
• Business 97.88%
• Outgoing Calls 15,519

TOTAL FIELD INCIDENTS

CALLS FOR SERVICE
May 11, 2023
64,414
May 11, 2023

PERSON CRIMES
2019 2020 2021 2022* 2021 vs 2022
Homicide 1 1 0 4 -%
Rape 16 24 13 12 -7.7%
Robbery 40 55 69 48 -30.4%
Assault &
Battery 308 353 357 414 16%
*2022 CIBRS/NIBRS data
May 11, 2023

PROPERTY CRIMES
2019 2020 2021 2022 2022 vs 2021
Burglary* 185 206 194 392 102%
Larceny 1093 1000 1110 1352 21.8%
Motor
Vehicle Theft 123 238 277 343 23.8%
Arson 6 9 7 5 -28.6%
May 11, 2022

PROSECUTED CASES
Criminal Cases Processed 5164
Cases Sent to DA 799
Charged Felony 53
Charged Misdemeanor 262
Prosecution Declined 339
Probation Revoked 56
PROESCUTED CASES CASE DISPOSITION FROM DA: 710
FELONY

7.5%
May 11, 2023

COLLISION CALLS FOR SERVICE (CFS)
• In 2022:
• 385 total collision cases taken
o282 non-injury collisions
o103 injury collisions
−5 fatal collisions
−16 major injury collisions
−82 minor injury collisions
• 34 DUI involved collisions
May 11, 2023

USE OF FORCE
TYPES OF FORCE USED:

Total Incidents Where Force Was Used 48
Use of Force Resulting in Serious Injury or
Death to a Civilian 0
Officer Involved Shootings 0
In-Custody Deaths 0
Use of Force per Field Incident <1%

STRIKES

4.4%
May 11, 2023

ALPR ANNUAL REPORT SUMMARY
• 20 City Cameras | 16 HOA Cameras
• Internal Aduit Summary
• Significant Cases

ALPR DATA
Police Crime Reports:
73 Persons Arrested:
24 Recovered Stolen Vehicles:
51 Recovered Firearms:
15 • 485 City Incidents | 145 HOA Incidents
May 11, 2023
COMMUNITY ENGAGEMENT: VOLUNTEERS
• NEIGHBORHOOD WATCH
• ADA PARKING COMPLIANCE
• VACATION HOME CHECKS
• MERCHANT WATCH
• GRAFFITI ABATEMENT
• EXPLORERS
June 9, 2022

COMMUNITY ENGAGEMENT EVENTS
• Merchant meetings with property owners and
businesses during 459 series
• Document Shredding Event
• Faith & Blue Event
• National Night Out
• Citizen’s Police Academy
May 11, 2023

COMMUNITY ENGAGEMENT EVENTS
• Family Day in the Park
• WSTB Physical Fitness Practice Tests (2)
• Halloween Event at Newpark Mall
• Newark Tree Lighting Event
• Partner with NUSD elementary schools and
local Boy Scout Troops to tour new facility
May 11, 2023

OFFICER LED INITIATIVE
• Donated 250 turkeys to Viola Blythe w/ staff donations led by Traffic Sergeant Karl Fredstrom
• Detectives Joyce Wang, Andrew Musantry & Steven Losier continued collaborative efforts with SAVE and CALICO to collect gifts for those in need with a Holiday Toy Drive • Special Olympics including the Torch Run and Awarding the Summer Games Athletes led by Lead Dispatcher Dawn Paige

Newark City CouncilMay 11, 2023

Newark City Council
May 11, 2023