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AGENDA
Thursday, June 22, 2023
7:00 P.M.
A.
ROLL CALL
B.
PRESENTATIONS
1. Introduction of employee
2. Alameda County Fire Department Presentation
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 June 8, 2023 minutes
3. Adopt a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to fund a CivicSpark Fellow to assist with the development of an update to the City's Climate Action Plan
4. Adopt a resolution related to Newark Police Department wellness program to approve agreements with Public Safety Family Counseling Group and Sigma Tactical Wellness, to authorize sole-source exemptions for Sigma Tactical Wellness and Mindbase LLC, and to approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
5. Adopt a resolution to authorize the City Manager to submit a proposal on behalf of the City Council to the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program
6. Adopt a resolution accepting a grant of up to $40,000 through the California Automated Permit Processing Program for implementation of an automated solar permitting program (SolarAPP+) and approving an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
7. Adopt a resolution authorizing the City Manager to execute a three-year cooperation agreement for fiscal years 2024-2026 with Alameda County for participation in the Alameda County Urban County for the Community Development Block Grant (CDBG) Program
8. Adopt a resolution authorizing the City Manager to execute a Contractual Equipment and Services Agreement with Owen Equipment for the purchase of a Vactor catch basin cleaner, authorization for outfitting by Classic Graphics and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
9. Approve the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bid No. 1 to VSS International, Inc. for FY 2022-2023 Rubberized Cape Seal and Slurry Seal Program, Project No. 1301 and amending the 2022-2024 Biennial Budget and Capital Improvement Plan; Exempt from CEQA review per CEQA Guidelines Section 153013
10. Adopt a resolution approving the second amendment to the Contractual Services Agreement with Orion Security and amend the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
11. Adopt a resolution authorizing the City Manager to enter into a Contractual Services Agreement with Cintas Corporation for uniform rental and laundry services
12. Adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Contractual Services Agreement with 4Leaf Inc. to provide temporary professional planning services
13. Adopt a resolution authorizing the City Manager to execute Contractual Services Agreements for on-call support services with 4Leaf, Inc., BPR Consulting Group, LLC., Bureau Veritas North America, Inc., CSG Consultants, Inc., and True North Compliance Services, Inc. for the Building Inspection Division and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
14. Adopt a resolution establishing the Fiscal Year 2024 Tax Appropriations Limit
15. Adopt a resolution approving an amendment to the Contractual Services Agreement with Gachina Landscape Management, Inc. to increase the contractual not-to-exceed amount for additional landscape maintenance services and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
16. Adopt a resolution authorizing the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for Fiscal Year 2024
17. Adopt a resolution approving the City's Investment Policy
18. Adopt a resolution authorizing the continued investment of monies into the Local Agency Investment Fund (LAIF) and designating officers authorized to sign on the account
19. Year-end Budget Review and approval of a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 E.
PUBLIC HEARINGS
1. Hearing (continued from June 8, 2023) to consider approval of DR2021-006, a Resolution approving Design Review and Vesting Tentative Map for an 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings located at 36952 Mulberry Street (APNs 92-29-21 and 92-29-22) F.
OTHER BUSINESS
1. Adopt resolutions for approval of Annual Engineer's Reports, intention to levy and collect assessments and setting a public hearing for July 13, 2023, for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 for Fiscal Year 2024 in accordance with the provisions of the Landscaping and Lighting Act of 1972
2. Adopt a resolution for approval of the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2023-2024 Project List
3. Waive full reading, conduct second reading by title only, and adopt an ordinance adding Chapter 8.44, "Sustainable Foodware", to the Newark Municipal Code.
4. Adopt a resolution approving a fund balance and reserve policy
5. Waive full reading and, by title only, introduce ordinances repealing and replacing Chapter 3.04, “Purchasing System” of Title 3 “Revenue and Finance” of the Newark Municipal Code in its entirety and adding Chapter 3.05, “Informal Bid Procedures” to Title 3 “Revenue and Finance” of the Newark Municipal Code; adopt a resolution electing to become subject to the Uniform Public Construction Cost Accounting Act; and adopt a resolution establishing expenditure authority 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
1. Closed Session pursuant to Government Code Section 54957, Public Employee Performance Evaluation, Title: City Manager
2. Closed session for conference with Labor Negotiator pursuant to California Government Code Section 54957.6. Agency Designated Representative: Mayor Hannon, Unrepresented employee: City Manager Benoun 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. The ability to participate and observe via Zoom, YouTube or Cable Channel 26 is predicated on those technologies being available and functioning without technical difficulties. Should those platforms not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that make those platforms unavailable, the City Council will proceed with business in person unless otherwise prohibited by law.
How to view the meeting remotely:
Livestream online at YouTube:
https://www.youtube.com/@cityofnewark3077/streams
Copy/paste the YouTube URL into your browser if the link does not automatically open.
How to participate in the meeting remotely, via Zoom Webinar:
From a PC, Mac, iPad, iPhone or Android device: Zoom Meeting https://us06web.zoom.us/j/87346377183
From a telephone dial 1- 669-900-9128, Webinar ID Number 873 4637 7183 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 interrupt the 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 at www.newark.org/departments/city-manager-s-office/agendas-minutes and will concurrently be made available for public inspection during regular business hours at the David W. Smith City Hall, 37101 Newark Boulevard, Newark CA. 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.